Journal of the House of Lords: Volume 21, 1718-1721. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 21: April 1719, 1-10', in Journal of the House of Lords: Volume 21, 1718-1721( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol21/pp115-125 [accessed 23 December 2024].
'House of Lords Journal Volume 21: April 1719, 1-10', in Journal of the House of Lords: Volume 21, 1718-1721( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol21/pp115-125.
"House of Lords Journal Volume 21: April 1719, 1-10". Journal of the House of Lords: Volume 21, 1718-1721. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol21/pp115-125.
In this section
April 1719, 1-10
DIE Jovis, 2o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Georgius Princeps Walliæ.
PRAYERS.
D. Kingston takes the Oaths.
This Day Evelyn Duke of Kingston, Lord President of the Council, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Grace having first delivered a Certificate of his receiving the Sacrament; to the Truth whereof, Witnesses were sworn and examined.
Dunbar Duty on Beer, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scotts, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer that shall be vended or sold within the Town of Dunbar, for improving and preserving the Harbour, and repairing the Town-House, and building a School, and other Public Buildings there; and for supplying the said Town with fresh Water."
The Question was 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. Meller and Mr. Bennet:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Destroying Deer, to prevent, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for the further Punishment of such Persons as shall unlawfully kill or destroy Deer, in Parks, Paddocks, or other enclosed Grounds."
Poor Prisoners, Relief, Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act for the Relief of poor Prisoners for Debt."
Deer Stealers, Punishment, Bill:
The Earl of Clarendon reported from the Committee of the whole House to whom the Bill, intituled, "An Act for the making more effectual the Act of the Third and Fourth Years of the Reign of King William and Queen Mary, intituled, An Act for the more effectual Discovery and Punishment of Deer Stealers," was committed, the Amendment made by the Committee to the said Bill, as follows:
"Pr. 2. L. 2. after ["Condition"], insert ["to prosecute such Writ of Certiorari with Effect, and]."
Which said Amendment, being read Twice by the Clerk, was agreed to by the House.
Barry versus Dean Jephson.
A Petition of Redmond Barry Esquire, Appellant in a Cause depending in this House, wherein Dean William Jephson is Respondent, was presented to the House, and read; setting forth, "That the Petitioner's Agent, who examined the Pleadings in this Cause for the Petitioner in Ireland, is obliged to return thither immediately, on Affairs of Importance;" and praying, "That he may be allowed to prove the Copies of the said Pleadings, and leave the same in the Clerk's Custody, till the Hearing of the Appeal."
Whereupon John Stothard, the Petitioner's said Agent, was called in; and delivered, at the Bar, Copies of the Bill and Answer, and of an Order of the 27th of May 1715; which he attested, upon Oath, to be true Copies; he having examined them with the Originals in the Court of Chancery in Ireland.
And withdrew.
Naval Stores, Importation, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for giving further Encouragement for importing Naval Stores."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported, "That the Committee had gone through the Bill, and made some Amendments thereunto; which he was directed to report, when the House will please to receive the same."
Ordered, That the said Report be received on Saturday next.
Ministers in Scotland, to take the Oaths, Bill.
Ordered, That the Bill, intituled, "An Act for making more effectual the Laws appointing the Oaths for Security of the Government to be taken by Ministers and Preachers in Churches and Meetinghouses in Scotland," be committed to a Committee of the whole House, on Saturday next.
Artificers, to prevent the leducing of, Bill.
Ordered, That the Bill, intituled, "An Act to prevent the Inconveniencies arising from seducing Artificers in the Manufactures of Great Britain into Foreign Parts, and to prevent Foreigners being instructed in the said Manufactures," be likewise committed to a Committee of the whole House; on Saturday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque, ad et in diem Veneris, tertium diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.
DIE Veneris, 3o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Georgius Princeps Walliæ.
PRAYERS.
Deer Stealers Punishment, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the making more effectual the Act of the Third and Fourth Years of the Reign of King William and Queen Mary, intituled, An Act for the more effectual Discovery and Punishment of Deer Stealers."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by Mr. Meller and Mr. Bennet:
To return the said Bill; and acquaint them, that the Lords have agreed to the same, with One Amendment; to which they desire their Concurrence.
Lord Lovat versus Mackenzie.
Counsel were called in, to be heard, in the Cause wherein Simon Lord Lovat is Appellant, and Kenneth Mackenzie Factor and Assignee of the Creditors of Alexander Mackenzie late of Frazerdale (fn. 1) are Respondents:
And the Respondents Counsel acquainted the House, "That, by a Clause in an Act of the last Session of Parliament, intituled, "An Act for vesting the forseited Estates in Great Britain and Ireland in Trustees, to be sold, for the Use of the Public; and for giving Relief to lawful Creditors, by determining the Claims;" all Sentences, or Decrees, made by any Court of Judicature, relating to the forfeited Estates, were declared void."
And thereupon the Petition of the Respondents, presented to the House the Seventeenth of February last, and their Lordships Order for hearing Counsel, on the Matters contained in the said Petition, at the same Time the said Cause should come on to be heard, being read:
The Counsel were directed to withdraw.
And being withdrawn accordingly;
And Debate had in relation to the Method of proceeding; and reading the Clause in the beforementioned read:
The Question was put, "Whether the Counsel for the Respondents shall be directed to go on first to make good the Allegations of the said Petition?"
It was Resolved in the Negative.
Message from H. C. to return the D. of Wharton's Bill.
A Message from the House of Commons, by Mr. Yonge and others:
To return the Bill, intituled, "An Act for vesting the Manors of Aske Catterton, and other Lands in the County of York, and County of the City of York, Part of the Estate of Philip Duke of Wharton, in Trustees, to be sold or mortgaged, for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Lord Lovat versus Mackenzie & al.
Then it was agreed by the House, "That the Counsel should be again called in, and directed to go on in the Cause, and acquainted, That, as they proceed, they may be at Liberty to take Notice of any Thing they may think proper, in relation to the said Petition."
And the Counsel were called in; and the Appellant's Counsel acquainted by the Lord Chancellor accordingly.
And having been fully heard; as also One of the Counsel for the Respondents:
They were directed to withdraw.
And being withdrawn accordingly:
Ordered, That this House will proceed to the further Hearing of the said Cause To-morrow; and that the Judges in Town do then attend.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, quartum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.
DIE Sabbati, 4o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lord Lovat versus Mackenzie & al.
Counsel (pursuant to the Order Yesterday) were called in, to be further heard, in the Cause wherein Simon Lord Lovat is Appellant, and Kenneth Mackenzie Factor and Assignee of the Creditors of Alexander Mackenzie late of Frazerdale (fn. 2) are Respondents; as also upon the Petition of the said Kenneth Mackenzie presented to this House and read the Seventeenth of February last.
And the Respondents Counsel proceeded accordingly.
And offering a Paper, intituled, "A Claim of the Solicitor General of Scotland; before the Commissioners for forfeited Estates in Scotland," to be read:
The same was objected to, not having been read below.
And the Counsel were thereupon directed to withdraw.
And withdrew accordingly.
And it being moved, "That the said Claim of the Solicitor General of Scotland, which was not read below, be now read;"
And a Question Being stated thereupon:
It was moved, "After the Word ["Scotland"], to add these Words to the said Question, (videlicet), ["relating to the Matter contained in the Petition"].
And the Question being put, "Whether those Words shall be made Part of the Question?"
It was Resolved in the Negative.
Then the First-moved Question was put, "Whether the said Claim of the Solicitor General of Scotland, before the Commissioners for forfeited Estates in Scotland, which was not read below, be now read?"
It was Resolved in the Negative.
Then the Counsel were called in again.
And the Respondents Counsel were acquainted by the Lord Chancellor, "The House was of Opinion, the said Claim should not be read."
Then the Respondents Counsel proceeded; and read Part of an Act of the Third Year of His Majesty's Reign, intituled, "An Act to enable His Majesty to make Provision for the respective Wives and Children of James late Earl of Southesk, James late Lord Drummond, the late Sir Hugh Paterson of Bannockburn, and James Sterling late of Keir."
And the Appellant's Counsel having replied;
And being withdrawn:
After Debate;
The Question was put, "That the Decrees complained of by the said Appeal have, since the preferring the same to this House, been rendered null and void, by the Act passed last Session, intituled, "An Act for vesting the forfeited Estates in Great Britain and Ireland in Trustees, to be sold, for the Use of the Public; and for giving Relief to lawful Creditors, by determining the Claims; and for the more effectual bringing into the respective Exchequers the Rents and Profits of the said Estates till sold?"
It was Resolved in the Negative.
Then the following Order and Judgement was made:
"After hearing Counsel, as well Yesterday as this Day, upon 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 Eighteenth and One and Twentieth of December 1717, made on the Behalf of Kenneth Mackenzie, Factor and Assignee of the Creditors of Alexander Mackenzie late of Frazerdale, and praying that the same may be reversed; as also upon the Answer of the said Kenneth Mackenzie put in to the said Appeal; and likewise upon the Petition of the said Kenneth Mackenzie; and due Consideration had of what was offered in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutory. Sentences, or Decrees, complained of in the said Appeal, be, and are hereby, reversed; and that the Rents of the Estate in Question be paid to the Appellant, according to his Grant; but that such Debts of the Creditors of the said Alexander Mackenzie as were real, and did by the Law of Scotland affect the Estate in Question, at the Time of the Forfeiture of the Life Rent Escheat, be charged on the said Estate, in due Course, according to the said Law."
E. India Trade, Bill.
Whereas this Day was appointed, to receive the Report of the Amendments made by the Committee of the whole House to whom the Bill, intituled, "An Act for the better securing the lawful Trade of His Majesty's Subjects to and from The East Indies; and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions," was committed:
It is Ordered, That the said Report be received on Tuesday next, the First Business.
The other Orders of the Day being severally signified to the House:
Naval Stores, Importation, Bill.
Ordered, That the Report of the Amendments made by the Committee of the whole House to whom the Bill, intituled, "An Act for giving further Encouragement for importing Naval Stores," was committed, be received on Tuesday next.
Ministers in Scotland, take the Oaths, Bill.
Ordered, That this House be, on Tuesday next, put into a Committee of the whole House upon the Bill, intituled, "An Act for making more effectual the Laws appointing the Oaths for Security of the Government to be taken by Ministers and Preachers in Churches and Meeting-houses in Scotland," which stood committed to a Committee of the whole House, this Day.
Artificers, to prevent the seducing of, Bill.
Ordered, That this House be, on Thursday next, put into a Committee of the whole House, to consider further of the Bill, intituled, "An Act to prevent the Inconveniencies arising from seducing Artificers in the Manufactures of Great Britain into Foreign Parts; and to prevent Foreigners being instructed in the said Manufactures," which stood committed for this Day.
Causes put off.
Ordered, That the Cause wherein Wm. Morison of Preston Grange Esquire is Appellant, and James Smith and David Burton are Respondents, which stands for an Hearing on Monday, be put off to Wednesday next; and the other Causes removed in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, sextum diem instantis Aprilis, hora undecima Aurora, Dominis Sic decernentibus.
DIE Lunæ, 6o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Georgius Princeps Walliæ.
PRAYERS.
Deer Stealers, Punishment, Bill.
A Message from the House of Commons, by Sir Robert Davers and others:
To return the Bill, intituled, "An Act for making more effectual an Act of the Third and Fourth Years of the Reign of King William and Queen Mary, intituled, An Act for the more effectual Discovery and Punishment of Deer Stealers;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.
Relief of poor Prisoners, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the Relief of poor Prisoners for Debt."
Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next.
Colchester Channel, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Time granted by an Act of the Ninth and Tenth Years of King William, for cleansing and making navigable the Channel from The Hythe at Colchester, to Wivenhoe; and for making the said Act more effectual."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
A Message was sent to the House of Commons, by Mr. Hiccocks and Mr. Meller:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Mischiefs by Gunpowder, to prevent, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for preventing the Mischiefs which may happen by keeping too great Quantities of Gunpowder in or near the Cities of London and Westminster, or the Suburbs thereof."
Then it was proposed, "After ["shall"] in Clause (A.) to insert ["if the Tenants or Lessees shall desire the same"]; and at the End thereof, to insert the Words following; (videlicet,) ["Provided, That nothing herein contained shall discharge any Rent due on or before the Five and Twentieth Day of March 1719, or any Demand for Breach of any Covenant before that Time."]"
Which Amendments, being read Twice, were agreed to.
Then the Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with an Amendment to it.
A Message was sent to the House of Commons, by Mr. Hiccocks, and Mr. Meller:
To return the said Bill; and acquaint them, that the Lords have agreed to the same, with One Amendment; to which they desire their Concurrence.
Peers of Scotland, Petitions against Peerage Bill.
A Petition of several Peers of Great Britain, who at the Time of the Union were Peers of Scotland, was presented to the House, and read; praying to be heard, by their Counsel, against such Part of the Bill, intituled, "An Act for settling the Peerage of Great Britain," as concerns the Peers of Scotland.
Also, a Petition of several other Peers of Great Britain, who at the Time of the Union were Peers of Scotland, was likewise presented to the House, and read; praying to be heard, by their Counsel, against such Part of the Bill, intituled, "An Act for settling the Peerage of Great Britain," as concerns the Peers of Scotland.
Ordered, That the said Petitions do lie on the Table.
British Fishery, for Recovery of, Bill.
A Message from the House of Commons, by Mr. Stanhope and others:
With a Bill, intituled, "An Act for recovering the Credit of the British Fishery in Foreign Parts; and for the better securing the Duties on Salt;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Peerage of Great Britain, Bill.
The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for settling the Peerage of "Great Britain," was committed, the Amendments made by the Committee to the said Bill.
Which, being read Twice, were, with Amendments to some of them, severally agreed to by the House.
And another Amendment was made, by the House, to the Bill.
Ordered, That the said Bill, with the Amendments, be engrossed.
Bankrupts Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the better preventing Frauds committed by Bankrupts."
Ordered, That the said Bill be committed to a Committee of the whole House, on Saturday next.
Assize of Bread, and Sail Cloth, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Act made in the Eighth Year of the Reign of the late Queen Anne, to regulate the Price and Assize of Bread; and for continuing the Act made in the Twelfth Year of Her said late Majesty's Reign, for the better Encouragement of the making Sail Cloth in Great Britain."
The Question was 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. Hiccocks and Mr. Meller:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, septimum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.
DIE Martis, 7o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Dummer's Petition against a Clause in Naval Stores, Bill.
Upon reading the Petition of Jeremy Dummer, Agent for His Majesty's Province of The Massachusetts Bay, and for the Governor and Company of His Majesty's Colony of Connecticut, in New England; setting forth, "That, in the Bill depending in this Honourable House, intituled, "An Act for giving further Encouragement for importing Naval Stores," there is a Clause, which prohibits the making any Kind of Iron Wares whatsoever, in any of His Majesty's Plantations; which, if the same should pass into a Law, will tend to the unspeakable Detriment of His Majesty's Plantations;" and praying, in Behalf of His Majesty's said Province and Colony, "to be heard, by himself or Counsel, against the said Clause:"
It is Ordered, That the said Petition do lie on the Table, till the Amendments to the said Bill are reported.
Andrews to be brought to the Bar, for arresting Webb, a Servant of the House.
A Petition of Henry Andrews, in Custody of the Gentleman Usher of the Black Rod, for arresting Robert Webb, a Servant of their Lordships, was presented to the House, and read; expressing his hearty Sorrow for his Offence; and praying to be discharged, to prevent the inevitable Ruin of himself and Family.
And it being proposed, "That the Petitioner be brought to the Bar To-morrow Morning, in order to his Discharge;"
Which being objected to:
The Question was put, "Whether the Petitioner shall be brought to the Bar To-morrow Morning, in order to his Discharge?"
It was Resolved in the Affirmative.
East India Trade, Bill.
The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for the better securing the lawful Trade of His Majesty's Subjects to and from The East Indies; and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions," was committed, the Amendments made by the Committee to the said Bill.
Which, being read Twice, were, with an Amendment to Clause (A.) severally agreed to by the House, and are as follow; (videlicet,)
"Press 3. Line I. After ["Enacted"], insert ["and Declared."]
"L. 5. Leave out from ["same"] to ["that"] in the 37th Line of the same Press."
"L. 38. Leave out ["said"].
"L. 39. Leave out ["said"].
"Pr. 4. L. 20. & 21. Leave out ["and Declared."]
"Pr. 5. L. 1. Before ["Provided"], add Clause (A.) as follows:
"Provided nevertheless, and it is hereby further Enacted, by the Authority aforesaid, That it shall and may be lawful to and for His Majesty's Attorney General for the Time being, at the Relation of the said Company, to exhibit Bill or Bills of Complaint, in His Majesty's High Court of Chancery, or Court of Exchequer, against any Person or Persons, trading, dealing, trafficking, or adventuring, or suspected to have traded, dealt, trafficked, or adventured, at any Time from and after the said Fifth Day of February 1718, in, to, or from, The East Indies, or Places aforesaid, contrary to Law, for Discovery of such their trading, dealing, trafficking, and adventuring, and for Recovery of such Duties and Damages as are hereinafter mentioned; waiving or disclaiming, in every such Bill, all the Penalties incurred by such Person or Persons for the Matters in such Bill contained; and that such Person or Persons shall answer the said Bill or Bills, and not plead or demur to the Discovery thereby sought, and pay to His Majesty the Customs and Duties of the Goods and Merchandizes arising, produced, or purchased, by the said unlawful Trade, Traffick, or Adventuring; and shall also answer and pay to the said Company reasonable Damages, to be ascertained by a Jury upon a Trial, to be directed for that Purpose; and if such Offender or Offenders pay the said Duties and Customs to His Majesty, and Damages to the said Company, by virtue of any Proceedings upon this Act, he or they shall not be prosecuted upon any other Law or Statute whatsoever, for the same Offence; and if such Bill or Bills be dismissed by the Court where the same shall be exhibited, the said East India Company shall pay every such Defendant or Defendants his and their full Costs of Suit; and in case there be a Decree obtained against the Defendant or Defendants, such Defendant or Defendants shall pay Costs to the Relator."
Then a Clause being offered to be added to the said Bill, the same was read, as follows:
"Provided always, That this Act, or any Thing herein contained, shall not extend, or be construed, deemed, or taken to extend, to subject the Governor and Company of Merchants of England trading into The Levant Seas, or any Member thereof, to answer any such Bill, for or in respect of his or their Trading into The Levant Seas, or within any such Limits as the said Governor and Company of Merchants of England trading into The Levant Seas have been accustomed to trade; any Thing herein contained to the contrary in any Wise notwithstanding."
Which said Clause, being read a Second Time, was agreed to by the House.
British Fishery, for Recovery of, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for recovering the Credit of the British Fishery in Foreign Parts; and for the better securing the Duties on Salt."
Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next.
Naval Stores, Importation, Bill.
The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for giving further Encouragement for importing Naval Stores," was committed, the Amendments made by the Committee to the said Bill.
Which being read:
It is Ordered, That the said Bill be re-committed to a Committee of the whole House, on Thursday next.
And the Petition of Jeremy Dummer, presented to the House this Day, being again read:
It is Ordered, That the said Petition be referred to the said Committee; and that the Petitioner may be then heard before the said Committee.
Ministers in Scotland to take the Oaths, Bill.
Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for making more effectual the Laws appointing the Oaths for Security of the Government to be taken by Ministers and Preachers in Churches and Meetinghouses in Scotland:"
It is Ordered, That the House be put into a Committee thereupon, on Saturday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, octavum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.
DIE Mercurii, 8o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Merison versus Smith and Burton.
After hearing Counsel, upon the Petition and Appeal of William Morison of Preston Grange Esquire; complaining of a Decree of the Sheriffs of Edinburgh, of the Second of October 1700; and of Two several Interlocutors of the Lords of Session in Scotland, of the Twelfth of July and Fourteenth of November 1717, and others, in the Cause, made on the Behalf of Mr. James Smith of Whitehill, and David Burton Glazier; and praying, "That the same may be reversed:" As also upon the Answer of the said James Smith and David Burton put in to the said Appeal; and due Consideration had of what was offered in this Cause:
Interlocutors affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Decree and Interlocutors therein complained of be, and are hereby, affirmed: And it is further Ordered, That the said Appellant do pay, or cause to be paid, to the said Respondents, the Sum of Twenty Pounds, for their Costs in respect of this Appeal.
Andrews discharged.
Whereas, by Order of this House, Henry Andrews was directed to be brought to the Bar this Day, in order to be discharged out of the Custody of the Gentleman Usher of the Black Rod, on Account of a Breach of Privilege:
The said Henry Andrews, was accordingly brought to the Bar; where he, on his Knees, receiving a Reprimand from the Lord Chancellor:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Andrews shall be, and is hereby, discharged (paying his Fees); and this shall be a sufficient Warrant on that Behalf.
To Sir William Sanderson, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, nonum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.
DIE Jovis, 9o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Georgius Princeps Walliæ.
PRAYERS.
Message from H. C. to return the Bill for preventing Mischiefs by Gunpowder.
A Message from the House of Commons, by Sir Thomas Wheate and others:
To return the Bill, intituled, "An Act for preventing the Mischiefs which may happen by keeping too great Quantities of Gunpowder in or near the Cities of London and Westminster, or the Suburbs thereof;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.
Bermingham versus L. Shelburne.
The House being informed, "That the Messenger sent by Edward Bermingham and his Wife, to examine Copies of Pleadings in the Cause depending in this House, to which Henry Lord Shelburne is Respondent, is not yet returned from Ireland:"
And a Letter being produced, and read, mentioning, "That the said Pleadings were examined, and will be brought to Town in a short Time:"
Hearing put off.
And thereupon the House being moved, "That the Hearing the said Cause, which stands for To-morrow, may be put off:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Four and Twentieth Day of this Instant April, at Eleven a Clock.
Sir Wm. Courtenay versus Langford.
The House being informed, "That a Person attended at the Door; and desired to prove Copies of the Records and Proceedings to be made Use of on hearing the Appeal of Sir William Courtenay Baronet, depending in this House, to which William Langford Senior and William Langford Junior are Respondents:"
Pleadings proved.
Whereupon James Smith was called in; and delivered, at the Bar, the Copies of the said Records and Proceedings; which he attested, upon Oath, to be true Copies, he having examined them with the Originals in the Court of Chancery in Ireland.
And withdrew.
Peerage of Great Britain, Bill.
Ordered, That the Bill, intituled, An Act for "settling the Peerage of Great Britain," be read the Third Time on Tuesday next; and the Lords to be summoned.
Relief of poor Prisoners, Bill.
The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act for the Relief of poor Prisoners for Debt:"
It is Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next; and that the Judges have a Copy thereof in the mean Time; and do then attend.
L. Cranstoun's Petition against Peerage Bill.
A Petition of the Lord Cranstoun, a Peer of Great Britain, who was at the Time of the Union a Peer of Scotland, was presented to the House, and read; praying to be heard, by his Counsel, against such Part of the Bill, intituled, "An Act for settling the Peerage of Great Britain," as concerns the Peerage of Scotland:
It is Ordered, That the said Petition do lie on the Table.
Claims to forfeited Estates, Time enlarged, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Time to determine Claims on the for feited Estates.
Ordered, That the before-mentioned Bill be committed to a Committee of the whole House, on Saturday next.
Commissioner of forfeited Estates, in the room of Tieby, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for appointing a Commissioner and Trustee, to put in Execution the Powers and Authorities of the several Acts of Parliament relating to the forfeited Estates, and Estates given to Superstitious Uses, in the room of George Treby Esquire, who has desired to be discharged from the said Trusts."
British Fishery, for Recovery of, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for recovering the Credit of the British Fishery in Foreign Parts; and for better securing the Duties on Salt."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported, "That the Committee of the whole House had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
S. Sea Company, Lottery Fund, redeeming, Bill.
A Message from the House of Commons, by Mr. Farrer and others:
With a Bill, intituled, "An Act for redeeming the Fund appropriated for Payment of the Lottery Tickets which were made forth for the Service of the Year One Thousand Seven Hundred and Ten, by a voluntary Subscription of the Proprietors into the Capital Stock of the South Sea Company; and for raising a Sum of Money, to pay off such Debts and Incumbrances as are therein mentioned; and for appropriating the Supplies granted in this Session of Parliament; and to limit Times for Prosecutions upon Bonds for exporting Cards and Dice;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Naval Stores, Importation, Bill.
The Order of the Day being read, for re-committing the Bill, intituled, "An Act for giving further Encouragement for importing Naval Stores:"
The House was adjourned during Pleasure, and put into a Committee upon the said Bill.
And, after some Time spent therein, the House was resumed.
And the Earl of Clarendon reported from the said Committee, "That they had considered of the Petition of Jeremy Dummer, praying to be heard, against the Clause in the said Bill, which prohibits the making any Kind of Iron Wares whatsoever in any of His Majesty's Plantations, referred to the said Committee; and had made some Amendments to their former Amendments; which he was directed to report, when the House will please to receive the same."
Ordered, That the said Report be received Tomorrow.
Artificers, to prevent the seducing of, Bill.
Whereas this Day was appointed for the House to be put into a Committee upon the Bill, intituled, "An Act to prevent the Inconveniencies arising from seducing Artificers in the Manufactures of Great Britain into Foreign Parts, and to prevent Foreigners being instructed in the said Manufactures:"
It is Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Destroying Deer, to prevent, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the further Punishment of such Persons as shall unlawfully kill or destroy Deer, in Parks, Paddocks, or other enclosed Grounds."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.
DIE Veneris, 10o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Georgius Princeps Walliæ.
PRAYERS.
Naval Stores, Importation, Bill.
The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for giving further Encouragement for importing Naval Stores," was re-committed, the Amendments made by the Committee to the said Bill.
Which, being read Twice, were, with an Amendment to the last of them, agreed to by the House, and are as follow:
"Pr. 2d. Line 9th. Leave out from ["same"] to [And"] in the 2d Line of the 3d Press."
"Pr. 4. Line 13. Leave out from ["no"] to ["And"] in the 37th Line of the same Press; and instead thereof insert ["Forge going by Water, or other Work whatsoever, shall be erected or kept up in any of the said British Plantations, for the making, working, or converting, any Sows, Pigs, or Cast Iron, into Bar or Rod Iron; upon Pain, that if any Person from thenceforth erect or keep up, or cause to be erected or kept up, any such Forge, or other Work, for the Use or Purpose aforesaid, such Person so offending, being thereof lawfully convict in any of His Majesty's Courts of Record at Westminster, or in the Court of Exchequer in Scotland, or in the Court of Admiralty or other Court of Record held in such Plantation where the Offence shall be committed, at the Pleasure of the Informer, shall, for such his or her First Offence, suffer Three Months Imprisonment, without Bail or Mainprize; and for every other such Offence, shall suffer Six Months Imprisonment without Bail or Mainprize: And all Governors or Commanders in Chief of the said Plantations, and every of them, now, and for the Time being, are hereby strictly required not to suffer any such Forge, or other Work, to be erected or kept up in any of the said Plantations, within their respective Governments, contrary to the true Intent and Meaning hereof: And if any of the said Governors or Commanders in Chief shall willingly or wittingly offend, or be negligent in doing his Duty herein; upon Complaint and Proof made thereof before His Majesty, His Heirs and Successors, or such as shall be by him or them thereunto authorized and appointed, by the Oath of Two or more credible Witnesses, the said Governor or Commander in Chief, so neglecting or offending, shall be removed from his Government."]
Relief of Sufferers at Nevis and St. Christopher's, Bill.
A Message from the House of Commons, by Mr. Godfrey and others:
With a Bill, intituled, "An Act for Relief of such Sufferers of the Islands of Nevis and St. Christopher's, as have settled in either of those Islands, and made due Proof of such Settlement, before the Twentyfifth Day of December One Thousand Seven Hundred and Twelve;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
British, Fishery, for Recovery of, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for recovering the Credit of the British Fishery in Foreign Parts; and for better securing the Duties on Salt."
The Question was 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. Hiccocks and Mr. Meller:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
S. S. Company Lottery Fund, redeeming, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for redeeming the Fund appropriated for Payment of the Lottery Tickets which were made forth for the Service of the Year One Thousand Seven Hundred and Ten, by a voluntary Subscription of the Proprietors into the Capital Stock of the South Sea Company; and for raising a Sum of Money to pay off such Debts and Incumbrances as are therein mentioned; and for appropriating the Supplies granted in this Session of Parliament; and to limit Times for Prosecutions upon Bonds for exporting Cards and Dice."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Artificers, to prevent the seducing of, Bill.
The Order of the Day being read, for the House to be put into a Committee again upon the Bill, intituled, "An Act to prevent the Inconveniencies arising from seducing Artificers in the Manufactures of Great Britain into Foreign Parts, and to prevent Foreigners being instructed in the said Manufactures:"
It is Ordered, That the House be put into a Committee, to proceed further on the said Bill, on Thursday next; and the Lords to be summoned.
Commissioner of forfeited Estates, in the room of Treby, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for appointing a Commissioner and Trustee, to put in Execution the Powers and Authorities of the several Acts of Parliament relating to the forfeited Estates; and Estates given to Superstitious Uses, in the room of George Treby Esquire, who has desired to be discharged from the said Trusts."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
E. India Trade, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the better securing the lawful Trade of His Majesty's Subjects to and from The East Indies; and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions."
The Question was put, "Whether this Bill, with the Amendments, 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. Hiccoks and Mr. Meller:
To return the said Bill; and to acquaint them, that the Lords have agreed to the same, with some Amendments; to which they desire their Concurrence.
Destroying Deer, to prevent, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the further Punishment of such Persons as shall unlawfully kill or destroy Deer, in Parks, Paddocks, or other enclosed Grounds."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported, "That the Committee of the whole House had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, undecimum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.