House of Lords Journal Volume 19: 21 April 1713

DIE Martis, 21 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Nottingham & al. Marquis of Halifax's Executors, Petition referred to Judges.

Upon reading the Petition of Daniel Earl of Nottingham, Thomas Lord Viscount Weymouth, Heneage Lord Gernsey, Francis Gwyn and John Coniers, Esquires, (Executors of the last Will of William late Marquis of Halifax, deceased,) and Charles Lord Bruce and the Lady Anne his Wife, and of Mary Dutchess of Roxborough, for and on the Behalf of the Lady Essex, Lady Dorothy and Lady Mary Savile her Daughters, by the said William late Marquis of Halifax; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Justice Blincoe and Mr. Justice Tracy; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Irrington & Petition referred to Judges.

Upon reading the Petition of John Harrington, of Aigburgh, in the County of Lancaster, Esquire, and Dorothy his Wife, Charles Harrington Gentleman, Son and Heir Apparent of the said John Harrington, and Mary Harrington Wife of the said Charles, and John Arden, of Upton Warren, in the County of Worcester Esquire, Father of the said Mary Harrington; praying Leave to bring in a Bill, for settling the Reversion and Inheritance of the Messuages and Tenements (in the Petition mentioned) in Trustees, to make Sale thereof; and to apply the Monies raised by such Sale for Payment of Debts, and other Purposes:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Justice Powell and Mr. Baron Bury; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Duane to enter into a Recognizance for Shee.

Upon reading the Petition of David Duane; praying, "That he may be allowed to enter into a Recognizance for Richard Shee, who hath an Appeal depending in this House from the Court of Exchequer in Ireland, and is not in a Capacity to attend:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner may enter into a Recognizance for the said Richard Shee, as desired.

Sir H. Paterson & al. versus Moderator of Presbytery of Stirling.

Upon reading the Petition and Appeal of Sir Hugh Paterson of Bannockburn Baronet, and John Murray of Tochaddam, Archibald Seaton of Touch, and John Erskine of Balgonnie Esquire, Heretors or Proprietors of the Parish of St. Ninian's, in the County of Stirling, in Scotland, on Behalf of themselves and the other Heretors or Proprietors of the said Parish; complaining of a Decree made by the Lords Commissioners for Plantation of Kirks, and Valuation of Tiends, in the Year 1697, and of Two Interlocutors of the Eleventh and Eighteenth of February last, on the Behalf of the Moderator of the Presbytery of Stirling aforesaid; and praying, "That the said Decree and Interlocutors may be reversed:"

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

Rawlinson's Petition referred to Judges.

Upon reading the Petition of Thomas Rawlinson Gentleman; praying Leave to bring in a Bill, to vest the Estate, Plate, Household Goods, and Furniture, in the Petition mentioned, in Trustees, to be sold or mortgaged, for the Purposes therein set forth:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Baron Price and Mr. Justice Dormer; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

L. Bellenden's Privilege; Ferry and Gardiner to be attached, for arresting him.

Upon reading the Petition of John Lord Bellenden; as also upon Oath made, at the Bar, "That, on the Thirtieth of January, at Eight a Clock in the Evening, one John Gardiner, a Marshal's Court Officer, did, with several others his Assistants, at the Suit of Isaac Terry, forcibly enter into his Lordship's Lodgings, and carry him to a Spunging-house, and there kept him in close Custody for several Hours, contrary to the Privilege of Peerage:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod, his Deputy or Deputies, do forthwith attach the Bodies of the said Isaac Terry and John Gardiner, and keep them in safe Custody, until further Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Sir William Oldes, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Dutchess Newcastle versus L. Pelham et al.

Upon reading the Petition and Appeal of the most Noble Margaret Dutchess Dowager of Newcastle, from several Orders and Proceedings in the Court of Chancery, in a Cause wherein the Right Honourable Thomas Lord Pelham by the Name of Thomas Holles Esquire, and Henry Pelham Esquire, Infants under the Age of One and Twenty Years, by George Naylor Esquire their next Friend, were Complainants, against the said Dutchess, the Right Honourable the Lady Henrietta Cavendish the only Daughter and Heir of the most Noble John Duke of Newcastle, lately deceased, and others, Defendants; and in particular against the Order of the Ninth of December last; and the subsequent Orders and Proceedings of the said Court; praying "Relief in the Premises; and that the said Lord Pelham, Henry Pelham, and the Lady Henrietta Cavendish, may answer the said Appeal; and that, in the mean Time, all Proceedings on the Sequestration in the Petition mentioned may be stayed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lord Pelham and the other Respondents may have a Copy of the said Appeal; and put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Fifth Day of May next, at Eleven a Clock; and that, in the mean Time, all Proceedings upon the said Sequestration be stayed.

Bayn to enter into Recognizance for Carstairs.

Upon reading the Petition of John Carstairs Esquire; shewing, "That he hath an Appeal depending in this House, against several Interlocutors of the Lords of Council and Session in Scotland, in Favour of Thomas Dick; and that his Business necessarily requires his Residence there;" and praying, "That Alexander Bayn Esquire may be allowed to enter into a Recognizance for him:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Alex'r Bayn may enter into a Recognizance for the Petitioner, as desired.

Commissioners of Accompts, Report.

The Report of the Commissioners, appointed to take, examine, and state, the Public Accompts of the Kingdom, was (according to Order) read.

Adjourn.

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