House of Lords Journal Volume 20: 10 March 1718

DIE Lunæ, 10 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

L. Vis. Say and Seal's Privilege; Pembridge to be attached:

Complaint being made to the House, and Oath made at the Bar, "That Edmund Pembridge, an Attorney at Law, who lives at Camden in Gloucestershire, hath procured the Tenants of the Lord Viscount Say and Seale to be turned out of Possession of an Estate belonging to his Lordship, within the Time of Privilege of Parliament, in Breach of the Privilege of this House:"

It is therefore Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Edmund Pembridge, and bring him in safe Custody to this House, to answer for his said Offence; and this shall be a sufficient Warrant on that Behalf.

To Francis Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Then it being proposed, "That Possession be ordered to be restored to the said Lord Viscount Say & Seale:"

Complaint referred to Committee for Privileges:

Ordered, That the Matter of the said Complaint be referred to the Lords Committees for Privileges; to consider thereof, and report to the House.

Their Lordships, or any Seven of them; to meet To-morrow Morning, in the House of Peers; and to adjourn as they please.

Galliard to attend.

Ordered, That Joshua Galliard, an Attorney, who, as it appeared to the House, entered up the Judgement, and made out the Writ of Possession, do attend the said Committee To-morrow Morning.

E. of Holderness takes the Oaths.

This Day Robert Earl of Holderness took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered a Certificate of his receiving the Sacrament; to the Truth whereof, Witnesses were sworn at the Bar, and examined.

Running of Goods, to prevent, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act against the clandestine Running of uncustomed and prohibited Goods; and for the more effectual preventing of Frauds relating to the Customs and Excise."

Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next.

Merchants of London, against the Bill:

Ordered also, That the Petition of several Merchants and Traders in and about the City of London, which was presented to this House on Saturday last, praying to be heard, by Counsel or otherwise, against the said Bill, be referred to the Consideration of the said Committee; and that they may be heard, by themselves or Counsel, before their Lordships, according to the Prayer of their Petition.

West India Merchants, for the Bill.

Upon reading the Petition of the West India Merchants and others, fair-trading Dealers in Coffee, Tea, and other Goods, together with the Sugar-bakers of the City of London; praying, "That they may be heard, by themselves or Counsel, in Behalf of the Bill for preventing the clandestine Running of Goods:"

It is Ordered, That the said Petition be referred to the Consideration of the Committee of the whole House to whom the said Bill stands committed; and that the Petitioners may be heard before their Lordships, according to the Prayer of their Petition.

Distillers, for the Bill:

Upon reading the Petition of the Masters, Wardens, Assistants, and others, of the Company of Distillers, London; praying, "That they may be heard, by their Counsel, to make appear the Reasonableness and necessary Justice of the Bill for preventing the clandestine Running of Goods:"

It is Ordered, That the said Petition be referred to the Consideration of the Committee of the whole House to whom the said Bill stands committed; and that the Petitioners may be heard, by themselves or Counsel, before the said Committee.

Goldsmiths, against a Clause in the Bill:

Upon reading the Petition of the Wardens and Commonalty of the Mistery of Goldsmiths of the City of London; praying, "That they may be heard, by themselves or Counsel, before the Clause in the Bill to prevent the clandestine Running of Goods, which relates to the Exportation of Clocks and Watches, do pass into a Law:"

It is Ordered, That the said Petition be referred to the Consideration of the Committee of the whole House to whom the said Bill stands committed; and that the Petitioners may be heard before their Lordships, according to the Prayer of their Petition.

One Counsel to be heard on each Petition:

Ordered, That it be an Instruction to the said Committee of the whole House, That they do hear but One Counsel upon each Petition, either for or against the said Bill.

Commissioners of Customs and Excise to attend.

Ordered, That some of the Commissioners of the Customs, and some of the Commissioners of Excise, do attend the said Committee.

Schaw versus Houstoun:

After hearing Counsel, upon the Petition and Appeal of Sir John Schaw of Greinock Baronet, presented to this House the 29th of March 1717; complaining of an Interlocutor of the Lords of Session in Scotland, the 15th Day of July 1715, whereby the Lords of Session found the Irritancies and the Clause not to alter, contained in the Contract of Marriage, are binding upon the Appellant, who made the Taillie, even supposing the Pursuer were a gratuitous Substitute; and also of another Interlocutor of the said Lords of Session, dated the 30th of the same July, whereby the said Lords found the Taillie a delivered Evident, and ordained the Contract containing the same to be registrat in the Books of Council and Session, that any concerned might take Extracts thereof, and assoylzed the Respondent Mrs. Houstoun from the Appellant's Declarator; and praying, "That the same may be reversed:" As also upon the Answer of Sir John Houstoun and Margaret his Wife put in to the said Appeal the Twenty-first of May last; and due Consideration of what was offered on either Side in this Cause:

Judgement affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Interlocutors therein complained of be, and are hereby, affirmed.

Robbery, &c. to prevent, Bill.

Whereas this Day was appointed, for receiving the Report of the Amendments made by the Committee to whom the Bill, intituled, "An Act for the further preventing Robbery, Burglary, and other Felonies; and the more effectual Transportation of Felons and unlawful Exporters of Wool," was committed:

It is Ordered, That the said Report be received To-morrow.

East India Company versus Ekins.

A Petition and Appeal of the United Company of Merchants of England trading to The East Indies, was presented to the House; complaining of several Orders made in the Court of Chancery, the 11th of November 1715, the 9th of March 1716, and 24th of January last, in a Cause wherein Thomas Ekins was Plaintiff, and the Appellants Defendants.

And the said Appeal was received.

Then it was proposed, "That the same should be now read."

And a Debate arising thereupon:

Ordered, That the said Debate be adjourned till To-morrow Morning.

Witnesses on Dover Harbour Bill.

Ordered, That Tobias Bowles, John Corser, John Baker, Tiddeman, John Hammond, John Serjant, Thomas Barman, William Read, Thomas Hill, John Slade, Francis Rogers, John Rogers, John Frost, Mich. Smith, Thomas Chambers, and William Murrey, do attend this House To-morrow, as Witnesses in relation to the Bill for the Repair of Dover Harbour.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, undecimum diem instantis Martii, hora undecima Aurora, Dominis sic decernentibus.