House of Lords Journal Volume 20: 17 August 1715

DIE Mercurii, 17 Augusti.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

E. Rochester and Visc. Mountjoy to take the Oaths in England, Bill.

A Message was brought from the House of Commons, by Mr. Molesworth and others:

With a Bill, intituled, "An Act to enable the Right Honourable Henry Earl of Rochester, and William Lord Viscount Mountjoy in the Kingdom of Ireland, to take the Oaths of Office for their respective Offices in the said Kingdom of Ireland; and to qualify themselves in England for the legal Enjoyment of their said Offices;" to which they desire the Concurrence of this House.

Stratford & al. Creditors of L. Holles, Petition referred to Judges.

Upon reading the Petition of Elizabeth Stratford Widow; William Prentice, Robert Hemings, Thomas Milksop, and others, whose Names are subscribed, Creditors of the Right Honourable Francis and Denzill Lord Holles, deceased, to the Value of above Three Thousand Pounds; praying Leave to bring in a Bill, for explaining an Act made in the Ninth Year of King William the Third, intituled, "An Act for the speedy Payment of the Debts of Francis Lord Holles deceased, and for the better enforcing the Payment of their respective just Debts, according to the true Meaning of the said Act:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be, and is hereby, referred to the Consideration of Mr. Justice Blencowe 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.

Mixed or medley Broad Cloth, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to make an Act of the Tenth Year of Her late Majesty, intituled, "An Act for regulating, improving, and encouraging, of the Woollen Manufacture of mixed or medley Broad Cloth, and for the better Payment of the Poor employed therein," more effectual for the Benefit of Trade in general; and also to render more effectual an Act of the Seventh Year of Her said Majesty's Reign, intituled, An Act for the better ascertaining the Lengths and Breadths of Woollen Cloth made in the County of York."

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. Rogers and Mr. Browning:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Visc. Bolingbroke's Attainder, Bill.

Whereas this Day was appointed, for the House to be put into a Committee of the whole House, upon the Bill, intituled, "An Act for the Attainder of Henry Viscount Bolingbroke of High Treason, unless he shall render himself to Justice by a Day certain therein mentioned:"

It is Ordered, That this House shall be put into a Committee upon the said Bill, To-morrow, at Two a Clock; and nothing to intervene; and all the Lords to be summoned.

D. of Ormond's Attainder, Bill.

Whereas this Day also was appointed, for the Second Reading of the Bill, intituled, "An Act for the Attainder of James Duke of Ormonde of High Treason, unless he shall render himself to Justice by a Day certain therein mentioned:"

It is Ordered, That the said Bill be read a Second Time To-morrow, after Two a Clock; and all the Lords to be summoned.

Daly & Ux. versus Lynch:

After hearing Counsel, upon the Petition and Appeal of Denis Daly Junior, Esquire, and Ellin his Wife, from a Decree, or Decretal Order, made in the High Court of Chancery in Ireland, the Twenty-eighth Day of January One Thousand Seven Hundred and Thirteen, in certain Causes, wherein the Appellants were Plaintiffs, and Mary Lynch and others Defendants; and the said Mary Lynch Plaintiff, in a Cross Bill, and the Appellants and others Defendants; praying, "That the said Decree may be reversed:" As also upon the Answer of the said Mary Lynch put in thereunto:

The Counsel being withdrawn; 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 Decree be reversed: And it is hereby Declared, That the Respondent is entitled to her Dower, notwithstanding the Articles pretended to be made upon her Marriage; and that the Articles or Agreement, and Endorsement thereon, are void, as against the Appellants, being then Minors, and no Parties; and that the Respondent ought to elect whether she will insist on her Right of Dower or waive her Dower, and claim a Moiety of the Estate of her Husband, after the Payment of Debts, Legacies, and Portions, according to his Will.

Then the Counsel were called in again.

And the Counsel for the Respondents being asked, "Which of the Two they did elect for their Client?"

But the Respondent herself not being present, her Counsel declined making any Election for her; and desired a few Days for that Purpose.

And being withdrawn;

The House allowed the said Respondent Time till Saturday next, to return Answer to the Question put to her Counsel as aforesaid; at which Time their Lordships will further decree as shall be just.

Causes put off.

Ordered, That the Cause wherein William Habkin is Appellant, and Roger Hoge Respondent, which is appointed to be heard To-morrow, be put off to Friday; and the other Cause removed One Day.

De Vlieger & al. Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to naturalize Robert De Vlieger, George Christian Luders, and others."

Goddard versus Sir J. Swinton.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Goddard is Appellant, and Sir John Swinton Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Twenty-fixth Day of this Instant August, at Eleven a Clock.

Adjourn.

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