House of Lords Journal Volume 18: 23 February 1709

DIE Mercurii, 23 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Yarmouth takes the Oaths.

This Day William Earl of Yarmouth took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Message from H. C. to return Lady Duffus's Nat. Bill.

A Message was brought from the House of Commons, by the Lord William Pawlet and others:

To return the Bill, intituled, "An Act for naturalizing Charlotta Christiana Lady Duffus;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Message from thence, with a Bill.

A Message from the House of Commons, by Mr. Denzil Onslow and others:

Who brought up a Bill, intituled, "An Act for explaining and making more effectual that Part of an Act passed in the Fifth Year of Her present Majesty's Reign, concerning the buying and selling of Cattle in Smithfield; and for giving Leave for bringing up Calves dead to London, as formerly;" to which they desire the Concurrence of this House.

Clarke versus Scroggs, in Error.

Upon reading the Petition of William Clarke; praying, "That the arguing the Errors upon his Writ of Error, appointed this Day, may be put off to a further Day:"

Petition rejected:

It is Ordered, That the said Petition shall be, and is hereby, rejected.

Judgement affirmed, with Costs.

Whereas this Day was appointed for hearing the Errors argued, upon the Writ of Error brought into this House the Twelfth Day of January last, wherein William Clarke is Plaintiff, and Dame Anne Scroggs Widow Defendant, to reverse a Judgement given in the Court of Queen's Bench, for the said Anne Scroggs, against the said William Clarke, and affirmed in the Exchequer Chamber; Counsel appearing for the said Anne Scroggs, but no Counsel for the said William Clarke:

It is this Day Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in Her Majesty's Court of Queen's Bench, for the said Anne Scroggs, against the said William Clarke, shall be, and is hereby, affirmed; and that the Record may be remitted, to the End Execution may be had thereupon: And it is further Ordered, That the said William Clarke shall pay, or cause to be paid, to the said Anne Scroggs, the Sum of Twenty Pounds, for her Costs.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows; (videlicet,)

"Sed quia præd. Cur. Parliamenti de Judicio suo de et super Præmissis reddend. nondum advisatur; Dies inde dat. est tam præsato Will'o Clarke, quam præd. Annæ Scroggs, coram eadem Curia Parliamenti, usque Diem Mercurii, Vicesimum Tertium Diem Februarii prox. sequen. apud Westm. in Comit. Mid'x, de Judicio suo inde audiend. eo quod Cur. Parliamenti præd. inde nondum &c.; ad quem Diem coram eadem Curia Parliamenti apud Westm. præd. ven. Partes præd. per Attornat. suos præd.; super quo, visis et per Curiam Parliamenti præd. plenius intellectis omnibus et singulis Præmissis, diligenterque examinat. et inspect. tam Record. et Process. præd. ac Judic superinde reddit. quam præd. Causis et Materiis per præd. Will'um Clarke superius pro Error. assignat. maturaque Deliberatione inde habita, videtur Cur. Parliamenti præd. quod nec in Record. & Process. præd. nec in Redditione Judicii præd. nec in Affirmatione ejusdem Judicii, in ullo est Errat.; ac quod Record. ill. in nullo vitiosum aut defectivum existit: Ideo ad tunc & ibidem per eandem Curiam Parliamenti considerat. est, quod Judic. præd. in omnibus affirmetur, ac in omni suo Robore stet et Effectu, dictis Causis et Materiis per præfat. Will'um pro Error. assign. et allegat. in aliquo non obstantibus. Et ulterius, per eandem Curiam Parliamenti cons. est, quod præd. Anna Scroggs recuperet versus præfat. Will'um Clarke Viginti Libras, eidem Annæ, ex Assensu suo, per Curiam Parliamenti præd. juxta Forman Statuti inde edit. proprius adjudicat. pro Dampnis, Misis, et Custagiis suis, quæ habuit Occasione Dilationis Executionis Judicii præd. Prætextu Prosecutionis dicti Brevis de Error.; & quod præd. Anna habeat inde Execution. &c.; super quo Record. præd. necnon Process. præd. in eadem Curia Parliamenti in Præmissis habit. per Curiam Parliamenti præd. Cur. dictæ Dominæ Reginæ, coram ipsa Regina, ubicunque &c. remittuntur, ita quod præd. Anna Scroggs Executionem superinde in eadem Curia habeat, &c."

Howe et al. Leave for a Bill.

After reading, and considering, the Report of the Lord Chief Justice of Her Majesty's Court of Queen's Bench and Mr. Justice Powell, to whom was referred the Petition of William Howe Esquire and Mabell his Wife, and John Howe Son and Heir Apparent of the said William; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave given to bring in a Bill, according to the Prayer of the said Petition.

Bridges et al. Executors of the E. of Kildare. versus Sir A. Shaen.

Upon reading the Petition of George Rodney Bridges, and Richard Bagot Esquire, the surviving Executors and Devisees of John late Earl of Kildare, of the Kingdom of Ireland, deceased, complaining of several Proceedings of Sir Arthur Shaen, in Ireland, contrary to the Judgement and Orders of this House formerly made, on the Appeal of John late Earl of Kildare; and the Answer of Sir Arthur Shaen put in thereunto; and praying, "That the said (fn. 1) Arthur Shaen may be compelled to answer this Petition at the Bar of this House; they being Representatives and Trustees of the said late Earl of Kildare:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Arthur Shaen shall have a Copy of the said Petition; and shall and he is hereby required personally to appear before this House, and put in his Answer, in Writing, to the said Petition, on Wednesday the Three and Twentieth Day of March next, at Eleven a Clock; and hereof he may not fail, as the contrary will be answered to this House.

Lords Committees appointed to state Matters of Fact, as formerly ordered and adjudged, upon the Appeal of the late Earl of Kildare, and the Answer of Sir Arthur Shaen; and report to the House.

Their Lordships, or any Three of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Pierpont's Bill.

The Lord Guilford reported from the Lords Committees, the Bill, intituled, "An Act for better establishing certain Charities of John Pierrepont," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Lacy's Bill.

The Lord Gernsey reported from the Lords Committees, the Bill, intituled, "An Act for vesting divers Manors, Lands, and Tenements, of John Lacy Esquire, in the Counties of Essex, Cambridge, and Middl'x, to be sold, for Payment of his Debts, making Provision for his Children unprovided for, and other Purposes therein mentioned," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Malt, &c. Duties, Bill.

The House, pursuant to Order, was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for charging and continuing the Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Nine."

After some Time spent therein, the House was resumed.

And the Earl of Seafield reported, "That the Committee of the whole House had gone through the said Bill; and think it fit to pass, without any Amendments."

Hodie 3^a vice lecta est Billa, intituled, "An Act for charging and continuing the Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Nine."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to it.

A Message was sent to the House of Commons, by Mr. Gery and Mr. Hiccocks:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Shireburne versus Hitch, in Error.

After hearing Counsel, the One and Twentieth Instant, to argue the Errors assigned upon the Writ of Error brought into this House the Twelfth Day of January last, from Her Majesty's Court of Queen's Bench, wherein Judgement is given for Robert Hitch Esquire, against Sir Nicholas Shireburne Baronet, for reversing a Judgement given in Her Majesty's Court of Common Pleas, for the said Sir Nicholas Shireburne, against the said Robert Hitch:

Judgement affirmed.

After due Consideration of what was offered thereupon, it is this Day Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in Her Majesty's Court of Queen's Bench for the said Robert Hitch shall be, and is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, is as follows; (videlicet,)

Emendat per Ord 5 Dec'r's 1709.

"Sed quia præd. Cur. Parliamenti de Judicio suo de et super Præmissis reddend. nondum advisatur, Dies inde dat. est tam præfato Nic'o Shireburne, quam præd. Rob'to Hitch, coram eadem Cur. Parliamenti, usque Diem Mercurii, Vicesimum Tertium Diem Februarii prox. sequen. apud Westm. in Comitat. Midd'x, de Judicio suo inde audiend. eo quod Cur. Parliamenti præd. inde nondum &c.; ad quem Diem, coram eadem Curia Parliamenti apud Westm. præd. ven. Partes præd. per Attornatos suos præd.; plenius intellect. omnibus et singulis Præmissis, diligenterque examinatis et inspectis tam Record. et Process. præd. quam præd. Causis et Materiis per præd. Nich'um Shireburne superius pro Error. assign. maturaque Deliberatione inde habita, videtur Cur. Parliamenti præd. quod nec in Record. et Process. præd. nec in Redditione Judicii præd. in præd. Cur. Dominæ Reginæ, coram ipsa Regina, in ullo est Errat.: Ideo ad tunc et ibidem per eandem Curiam Parliamenti considerat. est, quod Judicium præd. per præd. Curiam Dominæ Reginæ, coram ipsa Regina, reddit. in omnibus affirmetur, ac in omni suo Robore stet et Effectu, dictis Causis et Materiis per præfat. Nich'um Shireburne pro Error. assign. et allegat. in aliquo non obstant.; [ (fn. 2) et quod præd. Rob'tus habeat Breve præfat. Archiepiscopo, Ecclesiæ illius Ordinario, quod, non obstant. Reclam. ipsius Nico'i Shireburn idon. Person. ad Ecclesiam præd. ad Presentation. ipsius Rob'ti admittat.] &c.; super quo, Record. præd. necnon Process. præd. in eadem Curia Parliamenti in Præmissis habit. per Curiam Parliamenti præd. Cur. dictæ Dominæ Reginæ, coram ipsa Regina, ubicunque &c. remittuntur, ita quod præd. Rob'tus Hitch Executionem superinde in eadem Curia habeat, &c."

Pleading in Actions for recovering Presentations.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do prepare a Bill, to be laid before this House, for the rendering the Methods of pleading in Actions brought for recovering of Presentations to Livings more clear and easy.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.