House of Lords Journal Volume 19: 11 April 1712

DIE Veneris, 11 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bankrupts Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repealing a Clause in the Statute, made in the Twentyfirst 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."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Meller and Mr. Orlebar:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto their Lordships desire their Concurrence.

Sir Robert Guldeford's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Hempsted, and other Lands therein mentioned, lying in the Counties of Kent and Sussex, the Estate of Sir Robert Guldeford Baronet, for the Payment of Debts; and for settling the Camber Farm, and other Lands, in the said County of Sussex, to the same Uses as the said Manor of Hempsted now stands settled."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Meller and Mr. Orlebar:

To carry down the said Bill, and desire their Concurrence thereunto.

Sir Patrick Home, for Writings.

Upon reading the Petition of Sir Patrick Home Baronet; shewing, "That Sir Robert Home hath brought his Appeal, complaining of several Interlocutors and Orders of the Lords of Council and Session in Scotland, made in the Petitioner's Favour; and that there are several Papers necessary for his Defence, which he cannot get without the Order of this House; and praying an Order to the Director of the Chancery in Scotland, or any other Person in whose Custody the Papers are, to deliver to the Petitioner, or his Agents, the Original Brief, for serving Sir Robert Home, Heir to Sir Alexander Home of Rentonn, his Father, deceased, dated 22d June 1698, the Petitioner giving Security to return the same; and that he may likewise have authentic Copies, or Extracts, of the Claim given in by Sir Robert Home to the Inquest, for serving him Heir to his said Father; and also the Depositions of the Witnesses, and Verdict of the Inquest, on the Petitioner's or his Agents paying for the same; and that the Clerks of the Session do give to the Petitioner or his Agents authentic Copies, or Extracts, of all such Decrees, Orders, Interlocutory Sentences, Depositions of Witnesses, and other Proceedings, either in the Action between the said Sir Alexander and the Petitioner, or in the Action between the said Sir Robert and the Petitioner, as the Petitioner or his Agents shall think fit to demand, upon their paying for the same:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Director of the Chancery in Scotland deliver to Sir Patrick Home, or his Agents, upon his or their giving Security to return the same, the original Brief, for serving Sir Robert Home Heir to Sir Alexand'r, dated 22d June 1698, sealed up with the Seal of the said Director; which is not to be opened, but at the Bar of this House, on hearing the said Appeal; or in the Presence of Sir Robert Home, or his Agent, before the said Hearing; the said Sir Robert, or his Agents, having Liberty to inspect the same at the Opening thereof; and the said Director, or Clerks of the Session, are hereby ordered to give such authentic Copies to the Petitioner, or his Agents, paying for the same, as is desired by the Petition.

Carstares et al. in Behalf of the General Assembly, against the Bill for restoring Patrons Rights to Presentations in Scotland:

Upon reading the Petition of William Carstares, Thomas Blackwell, and Robert Baillie, Ministers of the Church of Scotland, appointed, by the Commission of the late General Assembly of the aforesaid Church, to use all proper and legal Measures for preserving the Rights and Privileges thereof; praying to be heard, by their Counsel, against the Bill depending in this House, concerning the restoring of Patronages in Scotland, before the same be read a Second Time:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, at the Bar of this House, To-morrow, at Twelve a Clock, before the Second Reading of the said Bill.

Former Petition of General Assembly withdrawn.

Then, the House being moved, "That the Petition of the Commission of the late General Assembly of the Church of Scotland, presented to this House the Eighth Instant, may be withdrawn:"

The same was ordered accordingly.

Pynsent's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming of a Partition made between William Pynsent Esquire and Mary his Wife, John Trevillian Esquire and Elizabeth his Wife, and their Trustees, of several Manors and Lands, in the County of Somerset."

Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Saturday the Twenty-sixth Day of this Instant April, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Deal Chapel, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for compleating a Chapel of Ease, in the Lower Town of Deal, in the County of Kent, by a Duty on Waterborne Coals to be brought into the said Town."

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

Continuing Laws, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the reviving and continuing several Acts therein mentioned; for the preventing Mischiefs which may happen by Fire; for building and repairing County Gaols; for exempting Apothecaries from serving Parish and Ward Offices, and serving upon Juries; and relating to the returning of Jurors."

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

Newcastle Hospital Bill, rejected.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the erecting a Corporation, for the speedy finishing the Hospital, and establishing, perpetuating, and Management, of the Charity of the Skippers and Keelmen of the Town and County of Newcastle upon Tyne."

And, after some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the Committee, "That they had heard Counsel, on Behalf of the Hoastmen and Keelmen; as also Counsel for the said Bill; and had gone through the same, and made One Amendment thereunto."

Which was read Twice, and agreed to.

Then, it being proposed, "That the Bill be read a Third Time;"

And Debate thereupon:

The Question was put, "Whether the said Bill shall be read a Third Time?"

It was Resolved in the Negative.

Ordered, That the Bill be rejected.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, duodecimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.