House of Lords Journal Volume 19: 14 January 1710

DIE Sabbati, 14 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Southwell's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to make several Trusts, in the Marriage Settlements of Edward Southwell Esquire and the Lady Elizabeth his late Wife, more effectual to answer the Intent of them; and to explain several Powers therein."

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 Tuesday the One and Thirtieth Day of this Instant January, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Trotter versus Murray.

Upon reading the Petition and Appeal of John Trotter, of Mourtaunhall; shewing, "That, by a Decree made the Eight and Twentieth Day of December last, by the Lords of Council and Session in North Britain, and by them adhered to the Fifth Day of this Instant January, the Petitioner is decreed to pay to John Murray, of Philliphaugh, the Sum of Two Thousand Five Hundred Merks, Scots Money; and praying to be relieved therein; and that the said John Murray may answer the Premises contained in the said Appeal:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Murray may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Saturday the Five and Twentieth Day of February next, at Eleven a Clock in the Forenoon.

Rider versus Baylie.

Upon reading the Petition and Appeal of William Rider Esquire, from a Decree, Report, and several Orders, made in the Court of Chancery, on or about the Fifteenth Day of November One Thousand Seven Hundred and Seven, on the Behalf of Priscilla Baylie Widow, and several subsequent Orders and Reports in the Petition mentioned; and praying, "That the same, or at least such Parts or so much thereof as are complained of, may be reversed and set aside; and that the now Respondent may answer to the Appeal:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Priscilla Baylie may have a Copy of the said Appeal; and shall and she is hereby required to put in her Answer thereunto, in Writing, on or before Saturday the Eight and Twentieth Day of this Instant January, at Eleven a Clock.

D. of Cleveland introduced:

This Day Charles Fitz-Roy Duke of Southampton, being, by Letters Patents, dated the Third Day of August in the Twenty-second Year of King Charles the Second, created Duke of Cleveland, in Remainder after his Mother Barbara Dutchess of Cleveland, was, in his Robes, introduced, between the Duke of Ormonde and the Duke of Hamilton (also in their Robes); the Deputy Gentleman Usher of the Black Rod and Garter King of Arms preceding.

His Grace presented his Patent to the Lord Chancellor, on his Knee, at the Woolsack.

Who delivered it to the Clerk; and the same was read, at the Table.

His Writ of Summons being also read, as follows; (videlicet,)

His Writ of Summons.

"Anna, Dei Gratia, Mag. Britanniæ, Franc. et Hib'niæ Regina, Fidei Defensor, &c. Charissimo Consanguineo Nostro Carolo Duci de Cleveland, Salutem. Cum nuper, de Avisamento et Assensu Concilii Nostri, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Magnæ Britanniæ et Ecclesiæ concernentibus, præsens Parliamentum Nostrum, apud Civitatem Nostram Westm. Octavo Die Julii, Anno Regni nostri Septimo, teneri ordinaverimus; et ibidem, cum Prælatis, Magnatibus, et Proceribus dicti Regni Nostri, Colloquium habere et Tractatum; quod quidem Parliamentum Nostrum abinde, per separales Prorogationes et Adjournationes, usque ad et in Decimum Quintum Diem Novembris ult. præterin ulterius prorogatum et adjournatum fuerat, apud Civitatem Nostram præd.: Vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate, et Periculis incumbentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus prædictis, super dictis Negotiis tractatur. vestrumque Consilium impensur.; et hoe sicut Nos et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ prædict. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipsa, apud Westm. Undecimo Die Januarii, Anno Regni Nostri Octavo.

"Wrighte."

His Grace was accordingly placed on the Earls Bench.

Then his Grace took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Doctor Sacheverel's Bail.

The Earl of Wharton reported from the Lords Committees appointed to consider of the Methods of Impeachments, and of the Sufficiency of the Bail offered by Doctor Henry Sacheverell, "That Doctor William Lancaster and Doctor Richard Bowes, being examined upon their Oaths, had severally sworn themselves worth Three Thousand Pounds each; and that the Committee were of Opinion, that they are sufficient Bail."

Which being approved by the House; they were called in, and entered into several Recognizances; as follow, (videlicet,)

"Henricus Sacheverell, Sacræ Theologiæ Professor, recognovit se debere Dominæ Reginæ Sex Mille Libras, levari ex Bonis, Catallis, Terris, et Tenementis suis, ad Usum dictæ Dominæ Reginæ.

"Gulielmus Lancaster, Sacræ Theologiæ Professor, recognovit se debere Dominæ Reginæ Tres Mille Libras, levari ex Bonis, Catallis, Terris, et Tenementis suis, ad Usum dictæ Dominæ Reginæ.

"Richardus Bowes, LL. D. recognovit se debere Dominæ Reginæ Tres Mille Libras, levari ex Bonis, Catallis, Terris, et Tenementis suis, ad Usum dictæ Dominæ Reginæ.

"Upon Condition, That if the said Doctor Henry Sacheverell shall appear Personally before the Lords in Parliament, from Day to Day, until the further Order of this House, then the said several Recognizances of the said Doctor Henry Sacheverell, Doctor William Lancaster, and Doctor Richard Bowes, to be void and of none Effect; or else to remain in full Force and Virtue."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum sextum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.