House of Lords Journal Volume 20: 7 May 1716

DIE Lunæ, 7 Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Report concerning Tyson's Petition.

The Earl of Clarendon reported from the Lords Committees for Privileges, to whom the Consideration of the Petition of William Tyson Gentleman, Respondent to the Appeal of William Rutter Senior, William Rutter Junior, and John Cay, depending in this House; complaining of Counsel's Names being put to the said Appeal without their Knowledge, was referred: "That there was produced before the said Committee a Letter, dated 21st April 1716, writ and sent by the said William Tyson to Edward Copley, One of the said Counsel, at Woolley Hall, in Yorkshire, to know if he signed the said Appeal; and his Answer to the said Letter was likewise produced, declaring, "That he knew nothing of the Matter."

"Then the Certificate of John Niccoll, of The Inner Temple, London, Esquire, Barrister at Law, the other Counsel whose Name is to the said Appeal, was read; declaring, "he never signed the said Appeal, nor ordered any Person to do it for him; nor knows of any other Person or Persons whatsoever of his Name, who are Barristers at Law;" which Certificate was proved upon Oath, by Joseph Richardson, to be signed by the said John Niccoll.

"The Committee then, upon Inquiry, being informed, "That James Mynde, the Appellant's Solicitor, who was ordered, by this House, to attend the said Committee, was not attending;" they examined concerning the Service of the said Order. And thereupon the said Joseph Richardson acquainted the Committee, "That he served the said Order on one Lumley, a Servant to the said Mynde, at his Chambers, and left a Copy of the said Order there; and afterwards inquired for the said Mynde at several Places, but could not find him." The Committee further acquaint your Lordships, That one Drew attended, and owned himself to be a Clerk to the said James Mynde, and that the said Order for his Attendance was left at his Chamber with the said Lumley, who, he also acknowledged, was the said Mynde's Servant."

Which Report being read by the Clerk, the following Orders were made:

Mynde to be attached;

"Ordered, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Body of the said James Mynde, and bring him in safe Custody to the Bar of this House, to answer for his Contempt, in not obeying the said Order for his Attendance; and this shall be a sufficient Warrant in that Behalf."

Appellants to attend;

"Ordered, That the aforementioned Appellants do attend this House on Thursday next, to shew Cause why their said Appeal should not stand dismissed; and to answer the Complaint in putting Counsel's Names to the said Appeal, without their Knowledge."

and Niccoll to attend.

"Ordered, That John Niccoll, of The Inner Temple, London, Esquire, Barrister at Law, One of the Counsel whose Name is put to the said Appeal, do also attend this House on Thursday next."

Viscount Montagu versus Maxwell & Ux.

A Petition and Appeal of Henry Lord Viscount Mountague, was presented to the House, and read; complaining of a Decree of the Court of Chancery, made the Twenty-fifth Day of January last, in certain Causes, wherein Sir George Maxwell Baronet and Mary Viscountess Dowager Mountague his Wife were Plaintiffs, and the Appellant and others Defendants; and the Appellant Plaintiff, and the said Sir George Maxwell and his said Wife and others Defendants; and praying, "That the said Decree may be reversed or rectified; and that the Petitioner may have such other Relief as to this House shall seem meet."

Ordered, That the said Appeal be received; and that the said Sir George Maxwell and Mary Viscountess Mountague his Wife may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer thereunto, in Writing, on or before Monday the Twenty-first Day of this Instant May.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Bond and others:

With a Bill, intituled, "An Act for holding the Assize for the County of Cornwal at a convenient Place within the said County;" to which they desire the Concurrence of this House.

The Orders of the Day being read;

Glasgow Duty on Ale, &c. Bill.

Ordered, That this House shall be put into a Committee upon the Bill, intituled, "An Act for the continuing the Duty of Two Pennies Scots, or One Sixth of a Penny Sterling, on every Pint of Ale or Beer that shall be vended or sold within the City of Glasgow and Privileges thereof, for the Benefit of the said City," To-morrow Morning.

Highways, Bill.

Ordered, That this House shall be put into a Committee upon the Bill, intituled, "An Act for making the Laws for repairing the Highways more effectual: and for the better paving and cleansing the Streets in the City of London and Suburbs thereof," on Thursday next.

Hackney Coaches, &c. Bill.

Ordered, That this House shall be put into a Committee upon the Bill, intituled, "An Act for the better regulating Hackney Coaches, Carts, Drays, Cars, and Waggons, within the Cities of London and Westm'r, and the Weekly Bills of Mortality; and for preventing Mischiefs occasioned by the Drivers riding upon such Carts, Drays, Cars, and Waggons;" on Friday next.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in the House of Peers."

Who being come, with their Speaker; he, after a short Speech to His Majesty, in relation to the Malt Bill to be passed, delivered the same to the Clerk Assistant, in the Absence of the Clerk of the Parliaments; who brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follows:

Bills passed.

"1. An Act for charging and continuing the Duties on Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Sixteen; and for compelling several Receivers to finish and clear their Accompts; and for making Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or destroyed; and for enlarging the Time for adjusting Claims to certain Benefit Tickets; and for allowing the Charge of executing the Lottery Act for the Service of the Year One Thousand Seven Hundred and Ten; and for recovering Monies of several Land Taxes, resting in the Hands of Collectors or Constables at St. Albans; and for preventing Frauds in the Duties upon Soap; and for limiting a Time for Persons who have certain Annuities for Life or Lives to demand the Payment thereupon at the Exchequer; and for preventing Frauds in the Duties relating to printed and painted Paper, Callicoes, and other Things therein mentioned."

To this Bill the Royal Assent was pronounced in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"2. An Act to enable His Majesty to grant the Regalities and Lands now remaining in the Crown, in North Wales and South Wales, and County of Chester, to his Royal Highness the Prince of Wales, in such Manner and Form as the Principality of Wales and Earldom of Chester have formerly been granted to the Princes of Wales; and also to enable his said Royal Highness to make Leases of Lands, Parcel of his Royal Highness's Dutchy of Cornwal, or annexed to the same."

"3. An Act for enlarging the Time of Continuance of Parliaments, appointed by an Act made in the Sixth Year of the Reign of King William and Queen Mary, intituled, An Act for the frequent meeting and calling of Parliaments."

"4. An Act to indemnify such Persons who have acted in Defence of His Majesty's Person and Government, and for the Preservation of the Public Peace of this Kingdom, in and about the Time of the late unnatural Rebellion, from vexatious Suits and Prosecutions."

"5. An Act for the Attainder of George Earl of Marischall, William Earl of Seaforth, James Earl of Southesque, James Earl of Panmuir, and others, of High Treason, unless they shall render themselves to Justice by a Day certain, therein mentioned."

"6. An Act for the free Importation of Cochineal, during the Time therein limited."

"7. An Act to enable His Majesty to grant Letters Patents, to supply a Defect in a Grant made by His Majesty King William the Third, unto Maynhard Duke of Schonburg and Leinster, of the Annual Sum of Four Thousand Pounds, out of the Revenues of the Post-office, until the Sum of One Hundred Thousand Pounds be paid."

"8. An Act for giving Liberty to Persons who have served their Apprenticeships to any Part of the Woollen Manufacture in Colchester to work at their said Trades, and at the making Baize, within the said Town."

"9. An Act for continuing and making more effectual an Act passed in the Twelfth Year of Her late Majesty's Reign, intituled, An Act for repairing the Highway, or Road, from The Stones-end, in the Parish of S't Leonard Shoreditch, in the County of Middlesex, to the furthermost Part of the Northern Road, in the Parish of Endfield, in the same County, next to the Parish of Cheshunt, in the County of Hertford."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Le Roy le veult."

"10. An Act to enable his Royal Highness George Prince of Wales to qualify himself in Great Britain for the legal Enjoyment of the Office of Chancellor of the University of Dublin, in the Kingdom of Ireland."

"11. An Act to enable Charles Earl of Sunderland and Henry Earl of Rochester to take in Great Britain the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Office."

"12. An Act to enable Richard Earl of Burlington and Corke to take in England the Oath of Office of High Treasurer of Ireland, and to qualify himself here in England for the legal Enjoyment of the said Office."

"13. An Act for vesting several Manors, Messuages, Lands, and Hereditaments, late of Charles Earl of Dorset and Middlesex, whereof James late Duke of Ormond, at the Time of his Attainder, was seised, as surviving Trustee named in the Will of the said Earl, in new Trustees and their Heirs, upon the same Trusts."

"14. An Act for explaining and making more effectual an Act passed in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for making the Chapelry of Stockton, in the Country of Durham, a distinct Parish."

"15. An Act for naturalizing Caspar White."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Soit fait comme il est-desire."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Assizes, Cornwall, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for holding the Assize for the Country of Cornwal at a convenient Place within the said County."

Ordered, That the said Bill be read a Second Time on Friday next, the First Business; and that any Persons who shall think themselves concerned therein may be then heard, upon the Second Reading of the said Bill, for and against the same.

Adjourn.

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