House of Lords Journal Volume 19: 27 May 1714

DIE Jovis, 27 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. St. John takes his Seat:

This Day William Lord St. John of Bletsho sat first in Parliament, after the Death of his Nephew Pawlet St. Andrew Lord St. John; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

E. of Scarbrough, Privilege; Read his Servant taken into Custody, by a Warrant from Justice Peckham, for a Matter of Civil Right:

The Lord Delawar reported from the Lords Committees for Privileges, to whom was referred the Complaint of a Breach of Privilege of Parliament, in taking and detaining in Custody Joseph Reed, a menial Servant to the Right Honourable the Earl of Scarbrough; "That they had considered the Matter of the said Complaint, and examined several Witnesses on Oath in relation thereunto; and were come to the following Resolution:

"That it is the Opinion of this Committee, That Richard Peckham Esquire, a Justice of Peace for the County of Sussex, having issued a Warrant, on the Fifth Day of August One Thousand Seven Hundred and Thirteen, against Joseph Reed, then a menial Servant to the Earl of Scarbrough, for a Matter of Civil Right; and afterwards insisting on the Execution of the same Warrant, when he was informed that the said Joseph Reed was then a menial Servant to the said Earl; is guilty of a Breach of the Privilege of this House."

Which Resolution, being read by the Clerk, was agreed to by the House.

Peckham to be attached.

And Ordered, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Richard Peckham, and bring him in safe Custody to the Bar of this House, to answer for his Offence; and this shall be a sufficient Warrant on that Behalf.

To Charles Stone Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for naturalizing James Eymer and others;" to which they desire the Concurrence of this House.

Scroope's Bill.

The Earl of Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for Sale of some Out Parts of the Estate of Simon Scroope Esquire, in the Counties of York and Nottingham, for Payment of his Debts, and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had made several Amendments to the Bill."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Brown versus Mitton:

The House being moved, "That a Day may be appointed for hearing the Cause wherein Jeremiah Brown Gentleman is Appellant, and Thomas Mitton Respondent; and that the Appellant may be ordered to produce certain Deeds of Lease and Release, dated the 7th and 8th Days of November 1695, made by his Father and Grandfather to Jeremiah Bright, for securing the Re-payment of One Hundred Pounds borrowed of him:

Deeds to be produced.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday the Fifth Day of June, at Eleven a Clock; and that the said Appellant do, at the said Hearing, produce the Deeds of Lease and Release abovementioned.

Dutch. of Hamilton, Pet. for Certiorari, rejected.

The Petition of Elizabeth Dutchess of Hamilton and others; praying Writs of Certiorari, in relation to the Writs of Error wherein the Petitioners are Plaintiffs, and George Brown is Defendant, which was Yesterday ordered to lie on the Table till this Day, was again read.

And the Judges being heard thereupon:

It is Ordered, That the said Petition be rejected.

Rolt versus Phippard; to have Execution.

Upon reading the Petition of John Rolt; shewing, "That, in Michaelmas Term 1712, he brought an Action, in the Court of Exchequer, against Sir William Phippard, and obtained Judgement by Default thereupon; and in Michaelmas Term 1713, the Defendant brought a Writ of Error, returnable in the Exchequer Chamber, whereon Judgement was affirmed last Hillary Term; and soon afterwards, for further Delay, the said Defendant brought a Writ of Error, returnable in Parliament; by which Delay, in case of the Defendant's Death, the Petitioner (if he cannot have Judgement this Session) will be in Danger of losing his Debt;" and praying, "That a short Day may be assigned, for bringing the Record before this House; or, in Default thereof, that a Non Prof. may be entered on the said Writ of Error:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Court of Exchequer do proceed to award Execution upon the said Judgement, as if no such Writ of Error had been granted; the same not having been brought up pursuant to the Standing Orders of this House.

Standing Orders concerning Appeals and Writs of Error, to be considered.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That on Tuesday next, this House will take into Consideration the Standing Orders of this House, in relation to Writs of Error and Appeals.

Darbison versus: Beaumont & Ux. in Error.

After hearing Counsel, for William Darbison, Lessee of Thomas Long, Plaintiff in a Writ of Error, to argue the Errors assigned thereupon:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will proceed to hear Counsel for John Beaumont and Dorothy his Wife, Defendants in the said Writ of Error, To-morrow, at One a Clock; and that the Judges do then attend this House.

Malt Bill:

Hodie 2^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 Fourteen; and for the Encouragement of the distilling Brandy from malted Corn and Cyder; and for making forth Duplicates of Exchequer Bills and Lottery Tickets, lost, burnt, or destroyed; and to enable the Governor and Company of the Bank of England, and others, to lend Money upon South Sea Stock."

Then, it being proposed, "To commit the Bill:"

The Question was put, "Whether this Bill shall be committed?"

It was Resolved in the Affirmative.

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 Earl of Abingdon reported from the said Committee, "That they had gone through the said Bill; and think it fit to pass, without Amendment."

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 Fourteen; and for the Encouragement of the distilling Brandy from malted Corn and Cyder; and for making forth Duplicates of Exchequer Bills and Lottery Tickets, lost, burnt, or destroyed; and to enable the Governor and Company of the Bank of England, and others, to lend Money upon South Sea Stock."

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. Hiccocks and Mr. Fellowes:

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

E. of Bellomont's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Right Honourable Richard Earl of Bellomont, with the Consent of Lucy Anne Countess Dowager of Bellomont, to sell certain Lands in Ireland, for raising Money, to purchase the said Countess's Jointure, and for paying her Daughter's Portion."

Ordered, That the Consideration of the said Bill be committed to the Lords following:

Their Lordships, or any Five of them; to meet on Friday the Eleventh Day of June next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Queen's Bounty to poor Clergy, Bill.

The Lord Archbishop of York presented to the House a Bill, relating to the Maintenance of the poor Clergy; and acquainted their Lordships, "Her Majesty was graciously pleased to consent thereunto."

Hodie 1^a vice lecta est Billa, intituled, "An Act for the making more effectual Her Majesty's gracious Intentions, for the Augmentation of the Maintenance of the poor Clergy."

Dupree, Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Samuel Dupree."

Ordered, That the said Bill be committed to the same Committee to whom the Earl of Bellomont's Bill stands committed.

Their Lordships, or any Five 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.

River Nine Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable."

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. Hiccocks and Mr. Fellowes:

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

Counsel, who signed Pitt's Appeal, reprimanded.

Mr. Cliffe and Mr. Troughton, who signed the Appeal of Samuel Pitt as Counsel, attending (according to Order) were called in, and examined in relation to their signing the said Appeal.

And directed to withdraw, and attend.

And, after some Time, they were called in again; and reprimanded, by the Lord Chancellor, on their Knees, at the Bar, and dismissed.

Edinburgh Highways, Bill.

Whereas this Day was appointed, for the House to be in a Committee on the Bill, intituled, "An Act for upholding and repairing the Bridges and Highways in the County of Edinburgh:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee upon the said Bill on Tuesday next, at Twelve a Clock.

Ordered, That the Causes be removed One Day in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum octavum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.