House of Lords Journal Volume 20: 1 February 1718

DIE Sabbati, 1 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

L. Lovat versus Mackenzie.

Upon reading the Petition and Appeal of Simon Lord Lovat; complaining of Two several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the 18th and 21st Days of December last, made on the Behalf of Kenneth Mackenzie, Factor and Assignee of the Creditors of Alexand'r Mackenzie, late of Frazerdale; and praying, "That the same may be reversed, and the Petitioner relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Kenneth Mackenzie and the said Creditors his Constituents may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answer thereunto, in Writing, on or before Saturday the First Day of March next.

Robbery, &c. to prevent, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the further preventing Robbery, Burglary, and other Felonies; and the more effectual Transportation of Felons and unlawful Exporters of Wool."

It is Ordered, That the said Bill be read a Second Time on Thursday next; and that the Judges have Copies of the said Bill transmitted to them; and that they or some of them, do then attend the Service of this House.

Japie to be added to Nat. Bill.

Upon reading the Petition of Daniel Japie; praying, "That he may be put into the Bill of Naturalization now depending in this House:"

It is Ordered, That the said Petition be referred to the Consideration of the Committee, to whom the Bill for the Naturalization of Peter Rose and others stands committed; and that the said Committee be empowered to admit him into the said Bill, if they think fit.

Annesley versus Sherlock; Complaint of Proceedings in the House of Lords in Ireland; Report of the Committee upon.

The Earl of Clarendon (according to Order) reported from the Lords Committees, to whom was referred the Consideration of the Petition of Maurice Annesley Esquire, relating to Proceedings in Ireland since the lodging his Appeal in this House (to which Hester Sherlock is Respondent); complaining of a Decree of the House of Lords in that Kingdom; and praying Relief: "That the Committee have considered the said Petition; and, upon the Examination of Joseph Fitz-Simmons upon Oath, it appeared to their Lordships, That the said Hester Sherlock was, on the Twentyfourth of June last, at Dublin, regularly served with the Order of this House, made the Twelfth of the same Month, requiring her to put in her Answer to the Petitioner's Appeal on or before the Tenth of July following; and that John Draycot, her Attorney or Solicitor, was likewise, on the Twenty-fifth of the same June, at Dublin, regularly served with the said Order; notwithstanding which, no Answer has been as yet put in. The said Fitz-Simmons delivered to the Committee an authentic Copy, attested by the Clerk of the Parliaments, of the Proceedings of the House of Lords in Ireland, on the Appeal of the said Hester Sherlock, to their Lordships, as well before the lodging of the Petitioner's Appeal in this House, as of their Proceedings since the making the said Order of this House for the Respondent's answering the Petitioner's said Appeal; by which Proceedings it appears, that the House of Lords in Ireland, by their Order of the 4th of October last, directed the High Sheriff of the County of Kildare to put the said Hester Sherlock forthwith into the Possession of certain Lands in the said Kingdom, subject to the Sum of £.1507. 14s. 8¼d. alledged to be due to the said Hester; the said Lands to be held by her until she should receive the said Sum chargeable upon the said Lands.

"That it was proved before the Committee, that the Tenants of the said Estate came to Dublin the 6th or 7th of the same October; and complained, "That they were turned out of Possession in Pursuance of the said Order; and that their Cattle and Goods were seized and appraised:" It was further proved to the Committee, that the said Draycot did solicit, on the Behalf of the said Hester Sherlock, in relation to her Appeal in the House of Lords in Ireland, since he was served with the Order of this House as aforesaid: It was likewise proved to the Committee, by the said Fitz-Simmons, "That he made Application several Times to the Officers of the House of Lords in Ireland, and demanded to have Mr. Annesley's Papers, which were in their Hands, delivered back; but that Enoch Sterne Esquire Clerk of the Parliaments, and Mr. Hartley Hutchinson his Deputy, refused to deliver them, notwithstanding he the said Fitz-Simmons demanded a Bill of Charges or Fees; and offered to satisfy and pay any just Demands." And it appearing to the Committee, that, in the said Copy of the Proceedings of the House of Lords in Ireland, Endeavours had been used to obliterate the Name of the Sheriff to whom the abovementioned Order for delivering Possession was directed, the same was proved to be done by the said Mr. Sterne.

"That the Committee have inspected Precedents, pursuant to the Direction of the House, and particularly the Report made the 31st of May last, from the Committee appointed by this House the last Session of Parliament, to consider of Mr. Annesley's said Appeal, and also to search Precedents as to Matters of the like Nature; in which said Report is contained a full and particular Relation of the Proceedings of this House upon Two former Appeals, which complained of Proceedings of the House of Lords in Ireland, made on hearing Appeals to that House from Decrees and Proceedings in the Court of Chancery in that Kingdom: To which Report, for Brevity-sake, the Committee refer. And, upon the whole Matter, their Lordships are of Opinion, That Possession of the Estate of the said Maurice Annesley, which, by the aforementioned Order of the House of Lords in Ireland, was delivered to the said Hester Sherlock, ought to be forthwith restored to him.

"And that the Committee are also of Opinion, That a peremptory Day should be appointed, for hearing the Cause, upon the Appeal of the said Maurice Annesley, ex Parte, if the said Hester Sherlock shall refuse or neglect to put in an Answer to the said Appeal in the mean Time."

Which Report was read by the Clerk entire.

And the Resolutions of the Committee; being read a Second Time, were severally agreed to by the House.

And it being proposed, "To appoint Monday Sevennight for hearing the Cause, pursuant to the last Resolution:"

The same was objected to.

And Debate thereupon:

The Cause to be heard hera ex Parte, if Sherlock neglects to put in her Answer.

The Question was put, "That the Cause between Annesley and Sherlock be peremptorily heard, at the Bar of this House, on Monday the Tenth Day of this Instant February?"

It was Resolved in the Negative.

Then it was proposed, "That the Cause be heard on the Twenty-fourth Instant."

And, after further Debate,

The Question was put, "That the said Cause be peremptorily heard, at the Bar of this House, on Monday the Twenty-fourth Day of this Instant February:"

It was Resolved in the Negative.

Ordered, That the said Cause be peremptorily heard, at the Bar of this House, on Wednesday the Fifth Day of March next, ex Parte, if the said Hester Sherlock shall refuse or neglect to put in an Answer to the Appeal of the said Maurice Annesley in the mean Time.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act to enable His Majesty to be Governor of the South Sea Company;" to which they desire the Concurrence of this House.

Method of putting Mr. Annesley in Possession to be considered.

The First Resolution reported from the Committee, and agreed to by the House, "That Possession of the Estate of the said Maurice Annesley, which was delivered to the said Hester Sherlock, ought to be forthwith restored to him," being again read:

It was proposed, "To consider a proper Method for restoring Possession accordingly."

And, after Debate, the following Order was made:

"Ordered, That this House be, on Monday next, put into a Committee of the whole House, to consider by what Methods the Order of this House, for the restoring Possession to the said Maurice Annesley of the Estate in Ireland, whereof he was dispossessed, pending his Appeal in this House, may be most properly enforced and executed; and that the Judges do then attend the Service of this House; and that the Lords be summoned."

The King to be Governor of the South Sea Company, Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable His Majesty to be Governor of the South Sea Company."

Ordered, That the said Bill be now read a Second Time.

The said Bill was accordingly read a Second Time.

Ordered, That the same be now read the Third Time.

The said Bill was accordingly 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. Holford and Mr. Bennet:

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

Coalthurst versus Lernoult, in Error.

The Lord Parker, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in, at the Table, Three Transcripts of Records, on Three several Writs of Error; in each of which Writs Thomas Coalthurst is Plaintiff, and Adrian-Lernoult Defendant.

L. Carteret's Bill.

The Earl of Rochester reported from the Lords Committees, to whom the Bill, intituled, "An Act for confirming the respective Sales of a Fee-farm Rent, and divers Lands, Tenements, and Hereditaments, in the County of Bedford, lately made by the Right Honourable John Lord Carteret and William Hillersdon Esquire to each other; and to discharge the same from divers Estates, Terms, and Trusts, to which they are respectively liable, by several Settlements made thereof," was committed: "That they had considered the said Bill; and that the Parties concerned had given their Consents; and that the Committee had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

E. Burlington's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Richard Earl of Burlington to make Leases of a Piece of Ground behind Burlington House."

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

Their Lordships, or any Five of them; to meet on Monday the Seventeenth Day of this Instant February, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Bridges's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Harry Bridges Esquire to sell the Manor of Illbrewers, in the County of Somerset, for Payment of Five Thousand Pounds, charged upon his Estate, for his Daughter's Portion."

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

Their Lordships, or any Five of them; to meet on the same Day, and at the same Place.

Blackwood versus Hamilton.

The House being moved, "That a Day may be appointed, for hearing the Cause depending in this House, wherein James Blackwood of London Merchant is Appellant, and John Hamilton of Grange Esquire Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Twentyeighth Day of this Instant February, at Eleven a Clock.

Fraiser versus Black.

The House being moved, "That a Day may be appointed, for hearing the Cause depending in this House, wherein Sir Peter Fraiser of Doors Baronet is Appellant, and Isobel Black, alias Sandilands, Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Third Day of March next, at Eleven a Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tertium diem instantis Februarii, hora undecima Aurora, Dominis sic decernentibus.