House of Lords Journal Volume 19: 21 March 1710

DIE Martis, 21 Martii.

REGINA.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cooper's Bill.

After reading, and considering, the Report of the Lord Chief Justice of the Court of Common Pleas and the Lord Chief Baron of the Court of Exchequer, to whom was referred the Consideration of the Bill, intituled, "An Act for the Relief of Joseph Cooper Gentleman:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill may be read a Second Time.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Relief of Joseph Cooper Gentleman."

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 Wednesday the Fifth Day of April next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue the Act for punishing Mutiny and Desertion, and for the better Payment of the Army and Quarters."

Ordered, That the Consideration of the said Bill be committed to a Committee of the whole House, Tomorrow, at Eleven a Clock.

Dutchess of Beaufort versus Lady Granville & al.

Upon reading the Petition and Appeal of Mary Dutchess Dowager of Beaufort, Executrix of the last Will and Testament of Henry late Duke of Beaufort her late Husband, deceased, from a Decree made in the Court of Chancery, on the Three and Twentieth and Four and Twentieth Days of February last past, on the Behalf of the Lady Granville, the Lord Charles Somerset, and the Lady Henrietta Somerset; and praying "That they may answer to the said Appeal:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lady Granville, the Lord Charles Somerset, and the Lady Henrietta Somerset, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Eight and Twentieth Day of this Instant March, at Eleven a Clock.

L. Kinnaird versus Riddoch.

Upon reading the Petition and Appeal of Patrick Lord Kinnaird and the Lady Elizabeth his Wife, from a Decree of the Lords of Council and Session in Scotland, on the Eight and Twentieth Day of February last past, in a Cause there depending, wherein Patrick Lord Kinnaird and the Lady Elizabeth his Wife were Complainants, and John Riddoch Writer in Edinburgh Respondent; complaining, "That the Lords of Session have precluded the Petitioner's Lady from the Sum of Two Hundred Seventy-seven Pounds Annuity, for the Years One Thousand Seven Hundred and Seven and One Thousand Seven Hundred and Eight, being an Annuity out of the Earl of Aboyn her First Husband's Estate, by preferring the Respondent, as a Creditor of the said Earl's, to the Rents of the said Estate for the said Two Years; and praying to be relieved therein, according to Equity and Justice; and that the said John Riddoch may answer to the Premises:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Riddoch may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Eighteenth Day of April next, at Eleven a Clock.

Luttrell versus Amory.

Upon reading the Petition of Colonel Henry Luttrel; shewing, "That he hath answered to the Appeal of Thomas Amory; and that he hath appealed from Part of the Decree complained of in the Appeal of Thomas Amory; to which Thomas Amory hath answered; and praying a short Day for hearing both the Appeals, as formerly ordered:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear both the Appeals in Course, after the Appeals formerly appointed to be heard shall be determined.

Censure of the House on Doctor Sacheverel:

Then the House (pursuant to the Order Yesterday) took into Consideration what Censure to give upon Henry Sacheverell Doctor in Divinity.

And it being proposed, as follows:

"1. That Doctor Henry Sacheverell be enjoined, not to preach during the Term of Seven Years."

"2. That, for the same Term of Years, to be made incapable of receiving any other Ecclesiastical Benefice than what he now enjoys."

"3. That he be imprisoned in The Tower for Three Months; and until he find Sureties for his good Behaviour, during the Term of Seven Years, before the Two Chief Justices."

"4. That his Sermons be burnt, by the Hangman, at The Exchange, in the Presence of the Lord Mayor and Sheriffs."

Then the House took the proposed Censure into Consideration, Paragraph by Paragraph.

And after Debate upon the First Paragraph,

It was agreed, to leave out the Word ["Seven"].

And it being proposed, instead thereof, to insert the Word ["Three"]:

The Question was put, "Whether the Blank in the First Paragraph shall be filled up with the Word ["Three"]?"

It was Resolved in the Affirmative.

Then this Question was put, "That Doctor Henry Sacheverell shall be enjoined, not to preach during the Term of Three Years."

It was Resolved in the Affirmative.

Then, the Second Paragraph proposed was, "That Doctor Henry Sacheverell be made incapable of receiving any Ecclesiastical Benefice for the Space of Three Years."

And after Debate thereupon;

This Question was put, "That Doctor Henry Sacheverell be made incapable of receiving any further Ecclesiastical Benefice during the said Term of Three Years?"

It was Resolved in the Negative.

Then the Third Paragraph proposed, "That Doctor Henry Sacheverell shall be imprisoned in The Tower for Three Months, and until he find Sureties for his good Behaviour."

This was not insisted on.

Then, the Fourth Paragraph proposed was, "That Doctor Sacheverell's Two Sermons be burnt by the Hangman, at The Exchange, in the Presence of the Lord Mayor and Sheriffs."

And, after further Debate,

This Question was put, "That the Two printed Sermons of Doctor Sacheverell, referred to by the Impeachment of the House of Commons, shall be burnt, before The Royal Exchange, by the Hands of the Hangman, in the Presence of the Lord Mayor of London, and the Two Sheriffs of London and Midd'x?"

It was Resolved in the Affirmative.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement to be passed in the Case of Doctor Henry Sacheverell shall be,

"That Henry Sacheverell Doctor in Divinity shall be, and is hereby, enjoined, not to preach during the Term of Three Years next ensuing; and that Doctor Henry Sacheverell's Two printed Sermons, referred to by the Impeachment of the House of Commons, shall be burnt, before The Royal Exchange in London, between the Hours of One and Two of the Clock, on the Twenty-seventh Day of this Instant March, by the Hands of the Common Hangman, in the Presence of the Lord Mayor of the City of London, and the Two Sheriffs of London and Midd'x."

Protest against his Censure.

"Dissentient.

"Deneigh.

"Jo. Ebor.

"Buckingham.

Northampton.

"Berkshire.

"Scarsdale.

"Adingdon.

Conway.

"Thanet.

Craven.

"Beaufort.

"Rochester.

Osborne.

"H. London. North & Grey. Howard.

"Poulett.

Plimouth.

Scarbrough.

"Anglesey.

"N. Duresme.

"Tho. Roffen. Guilford. Sussex.

"Geo. Bath & Well.

R. Ferrers.

Weymouth.

"Lempster.

Nottingham.

"Ashburnham.

"Gernsey.

"Leigh."

No more Appeals to be received.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, after this Day, this House will not receive any more Petitions of Appeals, or Writs of Error, during this Session of Parliament.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum secundum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.