House of Lords Journal Volume 20: 23 December 1717

DIE Lunæ, 23 Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Land Tax Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Eighteen."

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

And the Lord Torrington reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

The said Bill was read the Third Time.

And the Question being 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. Browning and Mr. Holford:

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

Draycot admitted in Forma Pauperis.

Whereas, by Order of this House of the Twelfth Instant, upon reading a Petition of Edward Draycot Gentleman; praying (amongst other Things), "That he might be admitted to prosecute his Appeal in Forma Pauperis; he having been admitted to prosecute his Suit in the same Manner in the Court below;" the said Petition was ordered to lie on the Table; no Proof being made of the Allegations thereof:

The House being this Day moved, "In regard the Petitioner is now in Ireland, to receive Proof concerning this Matter, by the Affidavits of the Petitioner's Wife, and one Joseph Kinsallaugh, a Person well acquainted with the Condition and Circumstances of the Petitioner;" and the said Affidavits, verifying his present Poverty, being read:

It is therefore Ordered, That the said Petitioner Edward Draycot be admitted to prosecute his Appeal in this House in Forma Puaperis, according to the Prayer of his Petition.

Lady Napier & al. Petition referred to Judges.

Upon reading the Petition of Dame Elizabeth Napier (Widow and Relict of Sir John Napier, late of Luton Hoo, in the County of Bedford), Baronet, deceased, Sir Theophilus Napier Baronet (Son and Heir of the said Sir John Napier), and Dame Elizabeth Wife of the said Sir Theophilus, Archibald Napier Gentleman, Edward Napier, Gentleman, (the Younger Sons of the said Sir John Napier,) and the Two Brothers of the said Sir Theophilus Napier, and John Napier and Elizabeth Napier, the Second Son and Daughter of the said Archibald; praying, That Leave may be given to bring in a Bill, for making effectual an Agreement between the Petitioners, to determine their respective Rights and Titles to the Estate of the said Sir John Napier, as in the Petition is expressed:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Prat; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Shipperdson's Bill.

Hodie 2^a vice lecta est Billa, intutuled, "An Act to enable Ralph Shipperdson Esquire to make Sale of his Estate in Studley Roger, in the County of York, freed from the Uses and Trusts in the said Ralph Shipperd son's Marriage Settlement; and to settle his Estate at East Mourton, in the County of Durham, to the same Uses."

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

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

Boeteseur, Nat. Bill.

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

Ordered, That the said Bill be committed to the Lords Committees aforenamed.

Their Lordships or any Five of them, to meet about the same Time, at the same Place.

Hamilton versus Boswell.

Upon reading the Petition of William Hamilton of Grange Esquire; setting forth, "That a Day was appointed, last Session of Parliament, for hearing the Cause wherein George Hamilton an Infant, and the Petitioner, his Guardian, were Appellants, and Captain George Boswell Respondent; but the same did not come on to be heard;" and praying, "That a Day may be appointed for hearing the said Cause:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Twenty-second Day of January next, at Eleven a Clock.

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 Lords being also in their Robes; the Deputy Gentleman Usher of the Black Rod received His Majesty's Commands, to signify to the Commons, "That it is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker; he, after a short Introduction, touching the Land Tax 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 thereof, as follows:

Land Tax Bill passed.

"An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Eighteen."

To which the Royal Assent was pronounced, in these Words; videlicet,
"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veu't."

Then His Majesty was pleased to retire.

And the Commons withdrew.

Sir P. Fraiser versus Black.

Upon reading the Petition and Appeal of Sir Peter Fraiser of Doors Baronet; complaining of a Decree of the Lords of Session in Scotland, of the Sixteenth of November 1716; and of several Interlocutors, made on the Behalf of Isobel Black (alias Sandilands), Widow and Executrix of Mr. William Black Advocate; and praying, "That the same may be reversed:"

It is Ordered, That the said Isobel Black, alias Sandilands, may have a Copy of the said Appeal; and shall and is hereby required to put in her Answer thereunto, in Writing, on or before Monday the Twentieth Day of January next.

Hamilton versus Hamilton.

Upon reading the Petition and Appeal of Dorothea Hamilton, Widow of Major Alex'r Hamilton of Grange, and Alexand'r Hamilton his Son, complaining of a Decree of the Commissaries of Edinburgh; and of an Interlocutor of the Lords of Session in Scotland, affirming the said Decree, on the Behalf of Agnes Hamilton, alias Robertson, Widow of Lieutenant John Hamilton, Brother of the said Major Alexand'r Hamilton, and of John Hamilton her Son; and praying, "That the same may be reversed:"

It is Ordered, That the said Agnes Hamilton and her said Son 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 Twentieth Day of January next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum tertium diem Januarii jam prox. sequen. hora undecima Aurora, Dominis sic decernentibus.

Die Veneris, 14 Martii, 1717,
hitherto examined by us,

Clarendon.
Rochester.
Warrington.
Coningesby.