House of Lords Journal Volume 19: 3 April 1712

DIE Jovis, 3 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hill's Bill.

The Earl of Clarendon reported from the Lords Committees, to whom the Bill, intituled; "An Act for Sale of Part of the Estate late of Edward Hill Esquire, deceased, in Orton and Rowell, in the County of Northampton, for the discharging several Incumbrances thereupon, and the Performance of the last Will of the said Edward Hill; and for the settling of other Lands and Tenements in Rowell aforesaid, in Lieu thereof, to the same Uses," was committed: That they had considered the same, and made several Amendments thereunto."

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

Sir Nicholas Wolstenholme's Petition, for Liberly to attend his Bill.

Upon reading the Petition of Sir Nicholas Wolstenholme Baronet; praying, "That (he being a Prisoner in The Fleet) their Lordships would please to order he may have Liberty, with a Keeper, to attend the Judges and this House, the better to enable him to prosecute his intended Bill:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition do lie on the Table.

Austen, Leave for a Bill.

After reading the Report of the Judges, to whom was referred the Petition of Dame Elizabeth Austen Widow; 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 Leave be given to bring in a Bill, according to the Prayer of the said Petition.

E Torrington versus Depup; Complaint of Breach of Privilege.

Upon reading the Petition of the Right Honourable Arthur Earl of Torrington, complaining; "That Robert Depup, of the Parish of Dostrop, alias Dogsthrop, in the County of Northampton, Yeoman, did (with others) by his Direction, in an unlawful Manner, on or about the Seventeenth Day of March last, enter into the Lands of the Petitioner, in Burrough Great Fen, in the said County, and cut down and carry away Wood growing thereon, in the Time, and contrary to the Privilege of Parliament;" and praying, "That the said Robert Depup may answer the said Offence:" And Nathaniel Green, Thomas Clerk, and Thomas Aveling, being called in, and examined, upon Oath, at the Bar, in relation to the said Complaint:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, referred to the Lords Committees for Privileges; to consider thereof, and hear such Persons concerning the same as they shall think fit; and report their Opinion thereupon to the House.

Whose Lordships are to meet on Monday next, at Ten a Clock in the Forenoon, in the House of Peers; whereof the said (fn. 1) Sir John Shaw is to have Notice.

Messages from H. C. with a Bill; and to return the Norwich Workhouse Bill.

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

To return the Bill, intituled, "An Act for erecting a Workhouse in the City and County of the City of Norwich, for the better Employment and maintaining the Poor there;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

A Message was brought from the House of Commons, by Sir William Withers and others:

With a Bill, intituled, "An Act for repealing a Clause in the Statute made in the Twenty-first Year of the Reign of King James the First, intituled, An Act for the further Description of a Bankrupt, and Relief of Creditors against such as shall become Bankrupts; and for inflicting Corporal Punishment upon the Bankrupts, in some special Cases, which makes Descriptions of Bankrupts; and for the Explanation of the Laws relating to Bankruptcy, in case of Partnership;" to which they desire the Concurrence of this House.

Sir Pat. Home versus Sir Rob. Home:

Counsel were (this Day according to Order) called in, to be heard upon the Petition and Appeal of Sir Patrick Home Baronet, complaining of an Interlocutor and Decree of the Lords of Council and Session in Scotland, the Sixteenth of July One Thousand Seven Hundred and Eight; and several subsequent Interlocutors, the last made the Tenth of November One Thousand Seven Hundred and Eleven; as also upon the Answer of Sir Robert Home Baronet put in to the said Appeal.

And the Counsel proceeding thereupon, some Disputes arose, touching the Interlocutors, or other Determinations, in relation to the Fraud, or Want of valuable Consideration to support the Appellant's Purchase.

And being withdrawn;

The House ordered the Counsel for the Respondent to be asked, "If the Respondent intended to insist on the Matter of Fraud, or Want of valuable Consideration to support the Appellant's Purchase, or the Warranty, or the Respondent's Service as Heir to his Father? And that the Counsel for the Respondent should consider whether they were not precluded from insisting on those, Facts by the Interlocutory Order mentioned in the Debate of the 10th of February 1708, or by some other Order, Sentence, Decree, or Proceedings, touching those Facts, against which the Respondent had brought no Appeal: And if the Counsel conceived those Facts were open for them to insist upon, they should proceed for the Respondent; but if the Counsel for the Respondent chose rather to prefer his Cross Appeal, so as to bring the said several Matters fully in Question, the Respondent should have Liberty so to do, upon Payment of the Costs of this Day."

Respondent to bring a Cross Appeal.

Then, the Counsel being called in, and acquainted therewith, the Counsel for the Respondent prayed, "That he might be at Liberty to bring his Cross Appeal; and was willing to pay such Costs as their Lordships should think fit."

And being again withdrawn, the following Order was made:

"Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Respondent Sir Robert Home hath hereby Leave given him to prefer his Cross Appeal within Four Days, so as fully to bring in Question before their Lordships the Matter of Fraud, or Want of valuable Consideration to support the Appellant's Purchase, or the Warranty, or Respondent's Service as Heir to his Father; and that the Appellant shall answer thereunto; and that the Respondent Sir Robert Home shall forthwith pay, or cause to be paid, to the Appellant Sir Patrick Home, the Sum of Twenty Pounds, for the Costs of this Day; and that the further Hearing of this Appeal be adjourned till such Time as the same shall be appointed to be heard, together with the Cross Appeal."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, quartum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.