House of Lords Journal Volume 19: 29 April 1712

DIE Martis, 29 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Western's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable William Western Esquire, an Infant, to make a Settlement of his Estate, upon his Marriage, notwithstanding his Infancy."

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

It was Resolved in the Affirmative.

Henley's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Trustees to cut and sell Timber on the Estate late of Anthony Henley Esquire, deceased; and for applying the Money thereby arising towards Payment of the Younger Children's Portions, provided for by his Marriage Settlement; and also for transferring certain Estates, by the same Settlement now vested in Richard Norton Esquire, to other Trustees, on the same Trusts."

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

It was Resolved in the Affirmative.

Message to H. C. with it and Western's Bill.

A Message was sent to the House of Commons, by Mr. Rogers and Mr. Browning:

To carry down the said Bills, and desire their Concurrence to them.

Building Churches, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Time given to the Commissioners appointed by Her Majesty, pursuant to an Act for granting to Her Majesty several Duties on Coals, for building Fifty new Churches in and about the Cities of London and Westm'r, and Suburbs thereof, and other Purposes therein mentioned; and also for giving the said Commissioners further Powers, for better effecting the same; and for appointing Monies for re-building the Parish Church of St. Mary Woolnoth, in the City of London."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

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

And the Lord Crew reported from the Committee, That they had gone through the said Bill; and think it fit to pass, without any Amendment."

Message from H. C. to return Hill's Bill, with an Amendment:

A Message was brought from the House of Commons, by Sir Justinian Isham and others:

To return 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;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.

Then the said Amendment, being read, was agreed to.

Message to them, that the Lords agree to it.

And a Message was sent to the House of Commons, by Mr. Rogers and Mr. Browning, to acquaint them therewith.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Robert Davers and others:

With a Bill, intituled, "An Act for the better repairing and amending the Road leading from Ipswich and Cleydon, and the Road called The Pye Road, in the County of Suffolk;" to which they desire the Concurrence of this House.

Ipswich to Cleydon, &c. Highways, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better repairing and amending the Road leading from Ipswich to Cleydon, and the Road called The Pye Road, in the County of Suffolk."

Wife's Petition, concerning the Judgement in the Cause, Calthorpe versus May: Report:

The Lord Trevor reported from the Lords Committees, appointed to consider of the Petition of Thomas Wife, a Minor, Son and Heir of Francis Wife, late of Waterford, in the Kingdom of Ireland, Esquire, deceased, by his Guardian Richard Dalton, presented to this House the Fifteenth of February last, relating to an Order and Judgement of this House of the 5th of December 1707, in a Cause wherein Reynolds Calthrop Esquire and Samuel Batteley Gentleman were Appellants, and Charles May Esquire and others Respondents, and to inspect the Proceedings in this Case, "That they had considered of the said Petition, and heard Counsel, as well on the Behalf of the said Calthrop and Batteley, as of the said Petitioner; and had inspected the Proceedings in this Case; and were come to the following Resolution; (videlicet,)

"That it is the Opinion of this Committee, that your Lordships will be pleased to declare, "That the Order and Judgement of this House, upon hearing the Appeal of Reynolds Calthrop and Samuel Batteley of the 5th of December 1707, did not extend, nor ought to have been construed to extend, any farther than to conclude or bind the Respondents to the said Appeal, or any Persons who do or may claim under them, since the Bill in the Court of Chancery in Ireland exhibited; and that therefore, in case the Petitioner's Father has, by Colour of your Lordships said Order, been turned out of Possession of any Lands which he was in Possession of at the Time of exhibiting the said Bill, he being no Party to the Suit, the Petitioner ought to be restored to the Possession thereof, and to the Mesne Profits received or incurred since the Time his Father was so put out of Possession, in case the Petitioner would have been entitled thereto if his Father had continued in Possession; and that the Court of Chancery in Ireland do order the same to be done accordingly."

Which being read, and agreed to by the House:

Order upon it.

It is thereupon Ordered and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order and Judgement of this House, upon hearing the said Appeal, did not extend, nor ought to have been construed to extend, any further than to conclude or bind the Respondents to the said Appeal, or any Persons who do or may claim under them, since the Bill in the Court of Chancery in Ireland exhibited; and that therefore, in case the Petitioner's Father has, by Colour of the said Order, been turned out of Possession of any Lands which he was in Possession of at the Time of exhibiting the said Bill, he being no Party to the Suit, the Petitioner ought to be restored to the Possession thereof, and to the Mesne Profits received or incurred since the Time his Father was so put out of Possession, in case the Petitioner would have been entitled thereto if his Father had continued in Possession; and that the Court of Chancery in Ireland do order the same to be done accordingly.

Patrick's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Dalham, and other Manors and Hereditaments, in the County of Suffolk, and elsewhere, late the Estate of Simon Patrick Clerk, deceased, for the several Purposes therein mentioned."

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. Rogers and Mr. Browning:

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

Prize Goods from America, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Relief of Merchants importing Prize Goods from America."

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

Austen's Bill: Report concerning Mr. Heysham.

The Earl of Clarendon reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting the Inheritance of the Manor of Court at Weeke, and divers other Lands, Tenements, and Hereditaments, in the County of Kent, in Trustees, to be sold, for Payment of the Debts and Legacies of Sir Robert Austen Baronet, deceased," was committed: "That it appearing to the Committee, that Robert Heysham Esquire, a Person concerned in the Consequence of the Bill, had no Notice to attend the Judges when it lay before them; and he having informed the Committee, "That he would not consent to the passing of the Bill, without the Addition of a Clause sent by him to their Lordships;" which they did not think reasonable: And the Committee, not thinking fit to take upon themselves to judge what might be a proper Saving in this Case, are therefore of Opinion, that it should be referred to the Judges who signed the Bill, to consider of, and prepare, a Clause, proper to save and preserve such Interest as the said Mr. Heysham hath in the Estate intended to be sold."

To which the House agreed.

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lord Chief Justice of the Court of Queen's Bench and Mr. Justice Tracy, to consider of, and prepare, a Clause, pursuant to the said Report.

Building Churches, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Time given to the Commissioners appointed by Her Majesty, pursuant to an Act for granting to Her Majesty several Duties on Coals, for building Fifty new Churches in and about the Cities of London and Westm'r, and Suburbs thereof, and other Purposes therein mentioned; and also for giving the said Commissioners farther Powers for better effecting the same; and for appointing Monies for re-building the Parish Church of St. Mary Woolnoth, in the City of London."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Rogers and Mr. Browning:

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

County Elections, to prevent multiplying Votes for, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more effectual preventing fraudulent Conveyances, in order to multiply Votes for electing Knights of Shires to serve in Parliament."

Ordered, That the said Bill be read a Second Time on Monday next.

Boston fresh Water, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better supplying the Town of Boston, in the County of Lincoln, with fresh Water."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next, at Twelve a Clock.

Militia, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for raising the Militia for the Year One Thousand Seven Hundred and Twelve, although the Month's Pay formerly advanced be not re-paid; and for rectifying a Mistake in an Act passed this Session of Parliament, intituled, An Act for punishing Mutiny and Desertion, and false Musters; and for the better Payment of the Army and Quarters; and for taking Accompts of Trophy-money formerly raised and collected."

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

Scotch Linen, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to prevent Abuses in making Linen Cloth, and regulating the Lengths and Breadths, and equal sorting of Yarn, for each Piece made in Scotland; and for whitening the same."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow Sevennight, at Twelve a Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, quintum diem Maii jam prox. futur. hora duodecima, Dominis sic decernentibus.

Die Jovis, 12 Junii, 1712,

Hitherto examined by us,
Scarsdale.
Clarendon.
Weymouth.
Jo. Bangor.
Delawarr.