House of Lords Journal Volume 17: 15 December 1703

DIE Mercurii, 15 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cholmondeley's Nat. Bill.

The Lord Viscount Longueville reported from the Lords Committees, the Bill, intituled, "An Act for naturalizing Elizabeth Cholmondeley, Wife of George Cholmondeley Esquire," as fit to pass, without any Amendments.

ORDERED, That the said Bill be engrossed.

Land Tax Bill.

Hodie 1^a & 2^a vice lecta est Billa, intituled, "An Act for granting an Aid to Her Majesty, by a Land Tax, to be raised in the Year One Thousand Seven Hundred and Four."

ORDERED, That the said Bill be committed to a Committee of the whole House, To-morrow, at Eleven a Clock.

Spencer versus Collett.

Whereas To-morrow was appointed, for hearing of the Cause wherein Edward Spencer and Robert Sprakling are Appellants, and Sir James Collet and John Conold Clerk are Respondents; the House being this Day moved, "That another Day may be appointed for hearing thereof:"

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 Eighteenth Day of this Instant December, at Ten a Clock in the Forenoon.

L. Dillon's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Henry Lord Viscount Dillon, in the Kingdom of Ireland, for Payment of his Debts; and for settling an Equivalent in other Part of his Estate on the Viscountess his Wife, for her Jointure."

Against buying and selling Offices, Bill to be prepared.

Then the House was adjourned during Pleasure, and put into a Committee upon Heads for a Bill to be prepared, against buying and selling Offices.

After some Time spent therein, the House was resumed.

And the Lord Halifax reported, "That the Committee is of Opinion, that it be referred to the Judges, to draw and bring in a Bill, in general, to prevent the buying and selling Offices."

Hereupon,

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chief Justice of the Court of Common Pleas, the Lord Chief Baron, and Mr. Justice Powis (with such other of the Judges as they shall desire to assist them), do forthwith prepare and bring in a Bill, to prevent the buying and selling Offices.

Queen's Answer to Address concerning Boucher and Ogleby:

The Lord Steward reported Her Majesty's Answer to the Address presented Yesterday, concerning Boucher and Ogleby; (videlicet,)

"That Care has been taken already to secure them; and Her Majesty will give Order, that no Person shall speak with them, until they are examined."

Boucher and Ogleby & al. to be brought to the House.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Boucher and Ogleby, and the other Persons now in Custody, upon their coming to Town, shall be brought to this House; and that no Person do speak with them, or either of them, until they have appeared at the Bar of this House.

Sir J. Mackleane to be brought.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir John Mackleane be brought to this House To-morrow, at Twelve a Clock; and that no Person be suffered to speak with him in the mean Time.

Sandys versus Shaw & al.

Whereas, by virtue of Her Majesty's Writ of Error returnable in Parliament, a Record of the Court of Exchequer, and the Affirmance thereof in the Exchequer Chamber, was brought into this House, the Nineteenth Day of January One Thousand Seven Hundred and Two, with the Transcript thereof, wherein Judgement is entered for Sir John Shaw Baronet, William Waterson, and Charles Towers, against Thomas Sandys Merchant; upon which, Errors being assigned by the said Thomas Sandys, and Issue joined by the said Sir John Shaw, William Waterson, and Charles Towers:

After hearing Counsel this Day, at the Bar, to argue the Errors assigned in this Case, and due Consideration of what was offered thereupon; it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the Court of Exchequer, and the Affirmance thereof in the Exchequer Chamber, shall be, and is hereby, affirmed; and that the said Writ of Error, and Transcript thereof, be remitted to the Court of Exchequer, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House.

The Tenor of which Judgement, to be affixed to the Transcript of the Record, followeth:

"Et postea, scilicet, Decimo Quinto Die Decembris, Anno Regni dictæ Dominæ Annæ Reginæ nunc Secundo, in prædict. Cur. Parliamenti visis & per Cur. ibidem diligenter examinatis & plenius intellectis tam Record. & Process. præd. ac Judic. super eisdem reddit. & (fn. 1) Affirmationes ejusdem Judicii in prædict. Cur. Cameræ Concil. præd. quam præd. Erroribus superius assign. pro eo quod videtur Curiæ Parliamenti prædict. quod Recordum illud in nullo vitiosum aut defectivum existit, & quod in Recordo illo in nullo fuit Erratum: Ideo considerat. est per eandem Cur. Parliamenti, quod Judicium præd. necnon Affirmationes ejusdem Judicii in præd. Cur. Cameræ Concil. in omnibus assirmentur, & in omnibus suis Robore & Effectu stent; dictis Causis pro Error. assignat. in aliquo non obstant."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum sextum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.