House of Lords Journal Volume 20: 3 August 1715

DIE Mercurii, 3 Augusti.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Oxford, Counsel, &c allowed.

A Petition of Robert Earl of Oxford and Earl Mortimer, now Prisoner in The Tower of London, was presented to the House, and read; praying, "In Consideration of the continual Pain and Distemper of Body he has laboured under for many Weeks, which is very much increased since his Confinement in The Tower, as the House may be more particularly informed from his Physician; that their Lordships will dispense with their Order for bringing the Petitioner to the Bar of this House this Day at Three of the Clock; and that a Copy of the additional Articles of Impeachment exhibited Yesterday by the House of Commons may be delivered to him, and such Time appointed for his answering thereunto as to the Wisdom and Justice of this House shall seem meet; and, by reason of the Petitioner's great Indisposition, and the extensive Nature of the Charge against him in the former Articles, that this House will indulge him with such further Time for exhibiting his Answer to all the said Articles at once; and that such Person or Persons as he shall appoint may have Liberty to search and take out Copies of Records, Journals, Treaties, Letters, Memorials, and other Papers, in the Treasury, Secretaries Office, or elsewhere, relating to the several Matters specified in any of the said Articles;" and farther, that this House will assign him the following Persons for his Counsel; (videlicet,) Mr. Serjeant Comins, Mr. Serjeant Darnell, Sir Constantine Phipps, Pere Williams Esquire, and Dr. Henchman."

And thereupon Dr. Mead, the Petitioner's Physician, attending, was called in, and examined, upon Oath, at the Bar, touching the said Earl's ill State of Health.

And being withdrawn;

The House took the said Petition into Consideration; and made the following Order:

"Ordered, That the Petitioner's Attendance be dispensed with; that he be allowed to cause a Copy of the said additional Articles to be taken for his Use; that he be also allowed a Fortnight's Time, from the Expiration of the Time already allowed, to put in an Answer to the said additional Articles, as also to the former Articles exhibited against him; that he have Liberty, from Time to Time, to apply to this House, for Copies of Records, or other Papers, as he shall think necessary for his Defence, or shall be advised, in order for their Lordships Approbation; and that the Counsel afore-named be assigned him, as desired; and that they, or any of them, have Liberty, from Time to Time, to have Access to him."

D. of Ancafter and Kelteven introduced:

Robert Marquis of Lindsey, Great Chamberlain of England, being by Letters Patents, dated Vicesimo Sexto Die Julii, Primo Georgii Regis, created Duke of Ancoster and Kesteven, in the County of Lincoln, was, this Day, in his Robes, introduced, between the Duke of Devonshire Lord Steward of His Majesty's Household and the Duke of St. Albans, also in their Robes; the Gentleman Usher of the Black Rod, and Clarencieux King at Arms in the Absence of Garter King at 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 was also read, and is as follows:

His Writ of Summons.

"Georgius, Dei Gratia, Magnæ Britanniæ, Franc. et Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consanguineo et Consiliario Nostro Rob'to Duci de Ancaster & Kesteven, Magno Camerario Angl. Salutem. Cum Parliamentum Nostrum, pro arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Magna Britanniæ et Ecclesiæ concernentibus, apud Civitatem Nostram Westm. nunc congregatum existit; vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus dicti Regni Nostri, super dictis Negotiis tractatur. vestrumque Consilium impensur.; et hoc sicut Nos et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ prædict. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. Tricesimo Die Julii, Anno Regni Nostri Primo.

"Wrighte."

Then his Grace was placed in his due Place; and came to the Table, and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Security of His Majesty's Person, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee, to consider further of the Bill, intituled. "An Act for the further Security of His Majesty's Person and Government; and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants; and for extinguishing the Hopes of the pretended Prince of Wales, and his open and secret Abettors."

And, after some Time spent therein, the House was resumed.

And the Lord Carleton reported from the said Committee; "That they had made some further Progress in the Bill; and directed him to move, that they may have Leave to sit again."

Ordered, That To-morrow Morning this House shall be put into a Committee, to consider further of the said Bill.

Abuses in Elections, to prevent, Bill.

Whereas this Day was appointed, for the Second Reading of the Bill, intituled, "An Act for the more effectual preventing the Abuses of Sheriffs and other Returning Officers, in not returning the Writs of Summons in due Time; and for preventing Bribery and Corruption in the Elections of Members to serve in Parliament:"

It is Ordered, That the said Bill be read a Second Time on Friday next.

Boyce against Panton's Bill.

Upon reading the Petition of Anthony Boyce and Charlott Maria Berkley Widow; praying, "That this House will order a Clause to save the Petitioner's Right, by Name, in the Premises mentioned in a Bill now depending, for explaining an Act made in the Ninth Year of King William the Third, for vesting Part of the Estate of Thomas Panton Esquire in Trustees, to be sold, for Payment of his Debts; or that they be heard, by their Counsel, before the Committee to whom the said Bill is referred:"

It is Ordered, That the Petitioners may be heard, by their Counsel, before the said Committee, as desired.

Fishermen's Company against Fish, Bill.

Upon reading the Petition of the Master, Wardens, Assistants, and Commonalty, of the Company of Free Fishermen of the River of Thames and Waters of Medway, on Behalf of themselves and other Fishermen of this Kingdom; praying to be heard, by their Counsel, against a Clause in the Bill depending in this House, intituled, "An Act for the effectual preventing the Importation of Fresh Fish caught by Foreigners; and for allowing the Importation of Lobsters and Turbots in Foreign Vessels, whether they be of Foreign or British Catching:"

It is Ordered, That the said Petition do lie on the Table, till the Bill be read a Second Time.

Causes put off.

Ordered, That the Cause wherein Henry Newburgh Gentleman is Appellant, and Brockhill Newburgh Esquire Respondent, which is appointed to be heard To-morrow, be put off to Friday; and the other Causes removed One Day in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, quartum diem instantis Augusti, hora undecima Auroræ, Dominis sic decernentibus.

Die Martis, 6 Septembris, 1715,
hitherto examined by us,

Clarendon.
A. Menev.
Hayersham.