House of Lords Journal Volume 19: 27 March 1710

DIE Lunæ, 27 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Southwell's Bill, Lords Reasons for disagreeing to an Amendment to it.

The Earl of Rochester reported from the Lords Committees, the Reasons drawn by them, for their Lordships Disagreement to the Amendment made by the Commons.

Which was read Twice, and agreed to, as follows:

"The Lords do agree to all the Amendments made by the Commons to Mr. Southwell's Bill; except to the Amendment made by them, Pr. 18. L. 40. to which Amendment they disagree, for the Reasons following:

"Because it is a known and principal Distinction in Law between Bills of a Public and Bills of a Private Nature, (of which latter Sort the present Bill plainly is); that the former are to be Judicially taken Notice of by all Judges, and in all Courts; and that the latter are not so to be taken Notice of, but to be proved in Evidence, by attested Copies or Exemplifications, or by the original Record; so that to insert such a Clause in a Private Bill is to confound and take away an old approved Distinction in the Law, without any apparent Reason for doing it in this rather than in any other Private Bill: And if such Clause should be admitted in one Bill, there would be the same Reason to admit the like in all Private Bills, which would abolish Part of the Common Law, without Reason assigned for so doing; and there is the more Reason against doing it in this Case, because the Clause in the Bill to which the Commons have added this Amendment has provided for the Enrolment of this Act in Ireland, where the Land lies; and that Copies of such Enrolment there may be given in Evidence."

Answer from H. C. about the Conference on it.

The Messengers sent to the House of Commons on Saturday last, return Answer:

That the Commons will give a Conference, as desired.

Managers for the Conference.

Then the Lords following were named Managers of the Conference; (videlicet,)

The Commons being come to the Conference, the Managers Names were read.

Then the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

Conference reported.

And the Earl of Rochester reported, "That they had delivered the Bill and the Reasons to the Commons."

Cary versus White.

After hearing Counsel, upon the Petition and Appeal of John Cary Esquire, to which John White Esquire and Katherine his Wife are Respondents:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will proceed to hear Counsel further thereupon, To-morrow, at Ten a Clock in the Forenoon.

Hammond's Bill.

After reading, and considering, the Report of the Lord Chief Justice of the Court of Common Pleas and the Lord Chief Baron of the Court of Exchequer, to whom was referred the Bill, intituled, "An Act to enable Trustees to sell some Fenny Lands, in the Counties of Huntingdon and Cambridge, Part of the Estate of Anthony Hammond Esquire; and to settle other Lands in Lieu thereof:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill may be read a Second Time.

Message from H. C. to return the E. of Wemyss et al. Bill.

A Message was brought from the House of Commons, by Mr. Gwyn and others:

To return the Bill, intituled, "An Act to confirm Articles of Partition made between the Earl and Countess of Wemyss of the One Part, and Anne Robinson Spinster of the other Part, of their Estates in the Counties of Oxon, North'ton, and Kent; and for vesting their respective Moieties in Trustees, to be sold," as fit to pass, with some Amendments.

Which were read Thrice, and agreed to.

Ordered, That the Commons have Notice, that the Lords have agreed to the said Amendments.

Hamond's Consent to his Bill.

Mr. Hamond having a Bill depending in this House, and his Absence being necessary for the Service of the Public; he was admitted to give his Consent to the said Bill: Which he accordingly did, by subscribing his Name in the Minute-book.

Liverpoole fresh Water, Sir C. More's Bill.

The Earl of Derby reported from the Lords Committees, the Bill, intituled, "An Act to enable the Corporation of Leverpoole to make a Grant to Sir Cleve More Baronet, for Liberty to bring fresh Water into the Town of Leverpoole," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Corporation of Leverpoole to make a Grant to Sir Cleve More Baronet, for Liberty to bring fresh Water into the Town of Leverpoole."

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

It was Resolved in the Affirmative.

Ordered, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Message from H. C. to return Ropley Commons and Farnham-Park, Bill.

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

To return the Bill, intituled, "An Act for the enclosing of Ropley Commons in the County of Southampton; and for the Improvement of the old disparked Park of Farnham, in the Counties of Surrey and Southampton;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Hammersmith Inhabitants versus

Upon reading the Petition of the Inhabitants of Hamersmith:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Sir James Mountague Knight, Her Majesty's Attorney General, at the Relation of Littleton Burton Clerk, and of the Inhabitants of the Hamlet of Hamersmith are Appellants; to which Henry Lord Bishop of London, Philip Dwight, and Michael Hutchinson are Respondents, on Saturday the First Day of April next.

Naylor et al. attached for not delivering up the Chapel for Divine Service, pending the Appeal.

The House being informed, upon Oath, "That Thomas Naylor, Henry Savory, John Woodroffe, Thomas Warnham, and Alexand'r Duffin, did contemptuously refuse Obedience to an Order of this House of the Five and Twentieth Instant, for delivering up the Chapel at Hamersmith, and opening the same, and permitting the Minister to officiate therein as formerly:"

It is 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 Bodies of the said Thomas Naylor, Henry Savory, John Woodroffe, Thomas Warnham, and Alexand'r Duffin, and bring them to the Bar of this House, to answer their Offence: And this shall be a sufficient Warrant on that Behalf.

To Sarles Goatley Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them; and to all Mayors, Sheriffs, Bailiffs, Constables, and other Officers, to be aiding and assisting in the Execution hereof.

Sheriff of Middlesex to restore Possession of the Chapel.

The House being informed, upon Oath, "That Thomas Naylor, Henry Savory, John Woodroffe, Thomas Warnham, and Alexand'r Duffin, did contemptuously refuse Obedience to an Order of this House, of the Five and Twentieth Instant, for delivering up the Chapel at Hamersmith, and opening the same, and permitting the Minister to officiate therein as formerly:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Sheriff of Midd'x do forthwith restore the Possession of the Church of Hamersmith, pursuant to the Order of this House of the Five and Twentieth Instant.

To the Sheriff of Midd'x, and to all other Officers, Constables, and others, to be aiding and assisting herein.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum octavum diem instantis Martii, hora decima Auroræ, Dominis sic decernentibus.