House of Lords Journal Volume 20: 2 September 1715

DIE Veneris, 2 Septembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Middleton versus Balfour:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Robert Middleton Rector of St. Mary's in Colchester, from the Interlocutory Sentences, or Decrees, of the Lord Polwarth the Ordinary, in the Cause, of the 5th and 19th Days of February 1714, made on the Behalf of Lieutenant Colonel John Balfour; and from so much of the Interlocutors of the Lords of Session in Scotland, of the 11th and 30th Days of June, as affirms those Interlocutors of the 5th and 19th of February; praying, "That the same may be reversed; and that the Appellant may have such other Relief as to the House shall seem meet:" As also upon the Answer of the said John Balfour put in to the said Appeal; and due Consideration had of what was offered in this Cause:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors of the 5th and 19th of February 1714, and so much of the said Interlocutors of the 11th and 30th of June 1714 as affirms those Interlocutors of the 5th and 19th of February, be, and the same are hereby, reversed; and that the Decree of Apprizing, of the 25th of April 1671, obtained by the Appellant's Father, and the Appellant's Demand in respect of the Annuities granted by the Deeds of the 24th of May 1666, ought to have Preference of, and be satisfied out of the Estate in Question, before the Eight Thousand Marks claimed by the Respondent.

Conference on the Bill for Relief of Milner & al. Sufferers by Fire:

The House being informed, "That the Gentlemen of the House of Commons were come into the Painted Chamber:"

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

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

Which being ended, the House was resumed.

Report of it.

And the Earl of Clarendon reported, "That the Managers had been at the Conference; and that the Commons acquainted them, that they do not agree to the Amendments made by this House to the Bill, intituled, "An Act for the Relief of Anne Milner Thomas Colemore, William Hunt, William Parrott, and others, as to Customs of Goods burnt or destroyed by the late Fire in Thames Street, London;" and gave Reasons for their Disagreement; and also delivered the Bill, with the Amendments."

The said Reasons were read, as follows:

"The Commons cannot agree to the Amendment made by your Lordships in Press 1st, Line the 23d; because it is inconsistent with what follows in the Bill; and in this Case, there is no Danger of Fraud, if the Examination should be taken before One Baron of the Exchequer: And they observe, it will be improper to alter it to Two or more Barons here, when the Certificate is afterwards allowed by the Bill to be made out by One Baron only under his Hand.

"The Commons also disagree to the Amendment made by your Lordships in Line the 25th; because the Bill directs, that the Certificate, or Certificates, shall be made by the said Barons, or any of them; expressing their Satisfaction as to the Proof of the respective Losses, which will make it the Interest of the several Sufferers to produce all the Proof that can be obtained.

"The Commons also disagree to the Amendment made by your Lordships in Press the 2d, Line the 27th; because the Objection remains as in the First Amendment.

"They also disagree to your Lordships Amendment in Press the 3d, Line the 11th, for the Reasons alledged in the Case of the 2d Amendment."

Lords do not insist on Amendments:

Then the House agreed, not to insist on the Amendments made by them to the said Bill.

Message to H. C. to acquaint them with it.

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

Message from thence, with a Bill.

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

With a Bill, intituled, "An Act for appointing Commissioners, to take, examine, and state, the Debts due to the Army;" to which they desire the Concurrence of this House.

Bill for continuing Laws.

Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for continuing several Laws therein mentioned, relating to Coals, Hemp, and Flax, Irish and Scotch Linen, and the Assize of Bread; and for giving Power to adjourn the Quarter Sessions for the County of Anglesea, for the Purposes therein mentioned;" and to hear Counsel for and against the Clause relating to the Adjournment of the said Quarter Sessions:

It is Ordered, That this House shall be put into a Committee upon the said Bill, To-morrow, at One a Clock; and nothing to intervene.

E. of Oxford's Solicitor to put in his Answer.

A Petition of Robert Earl of Oxford and Earl Mortimer, was presented to the House, and read; setting forth, "That his Answer to the Articles of Impeachment exhibited against him is ready to be laid before this House, at the Time appointed by their Lordships Order; and the Petitioner still continues under great Pain and Indisposition, so that he cannot attend this House in Person without Danger and Hazard of increasing the same;" and praying, "That their Lordships will allow the Petitioner's said Answer to be laid before them by Mr. Joseph Taylor, One of the Persons appointed to be his Solicitors."

And thereupon Dr. Mead was called, and examined upon Oath, at the Bar, touching the Allegations of the said Petition.

And withdrew.

Ordered, That, in Consideration of the said Earl of Oxford's being in Pain under his Indisposition, the said Joseph Taylor be allowed to deliver in his Lordship's Answer to the said Articles of Impeachment, as desired.

Tobacco and Wine Merchants, Bill.

Ordered, That To-morrow this House shall be put into a Committee upon the Bill, intituled, "An Act for Relief of Merchants, Importers of Tobacco and Wine, concerned in Bonds given for Part of the Duties on the same."

Yule Vacance, in Scotland, Bill.

Ordered, That To-morrow this House shall be also put into a Committee upon the Bill, intituled, "An Act for shortening the Time of the Yule Vacance, in that Part of Great Britain called Scotland."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, tertium diem instantis Septembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Martis, 13 Septembris, 1715,
hitherto examined by us,

Clarendon.
Say & Seale.
A. Menev.
Delawarr.