House of Lords Journal Volume 20: 23 May 1715

DIE Lunæ, 23 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day Maurice Lord Haversham took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Also Henry Earl of De Loraine took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship first delivering a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Standing Orders, Report of the Committee concerning.

The Earl of Clarendon reported from the Lords Committees, appointed to consider of the Roll of Standing Orders, and to report to the House what Alterations they shall think proper to be made therein; and who were also empowered to propose such new Orders as they should think proper, in order to be made Standing Orders of this House: "That the Committee had accordingly considered the said Roll of Standing Orders, and made several Amendments thereunto; and also prepared some Orders, which they think proper to be made Standing Orders of this House; which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be now received.

Then his Lordship accordingly reported the several Amendments made by the Committee to the said Roll of Standing Orders; and the new Orders, which they think proper to be made Standing Orders of this House: And further reported, "That the Committee observing there were several Orders, relating to the same Matter, which stood promiscuously in the said Roll, they have, by a Schedule, ranged them under proper Heads, and placed them in such Order as they think may render the same more useful to the House; which they offer to their Lordships Consideration."

Ordered, That, on Wednesday next, this House will proceed in the Consideration of the said Report; and that all the Lords be summoned to attend.

Mutiny Bill.

Ordered, That the Bill, intituled, "An Act for the better regulating the Forces to be continued in His Majesty's Service; and for the Payment of the said Forces, and of their Quarters," be now read the First Time.

The said Bill was accordingly read the First Time.

Address for the Number of Forces.

Ordered, That an humble Address be presented to His Majesty, "That His Majesty will be graciously pleased to cause the proper Officers to lay before this House, a List of the Number of Forces which are now in Great Britain and Ireland, and His Majesty's Dominions beyond the Seas, belonging to the Crown of Great Britain; and also of the Number of Forces of His Majesty's which are now remaining in Flanders."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for vesting in the Warden and College of All Souls in Oxford, and their Successors, certain Houses and Ground belonging to the Parish of St. Mary in Oxford;" to which they desire the Concurrence of this House.

Woollaston versus Att. General.

Whereas Thursday next is appointed, for hearing the Cause wherein Richard Woollaston Esquire and Sir Biby Lake are Appellants, and the Attorney General, at the Relation of Elizabeth Preston, is Respondent; the House being this Day moved, on the Behalf of the Appellants, "That a further Day may be appointed for hearing the same, the Respondent consenting thereunto:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Third Day of June next, at Eleven a Clock.

L. Digby's Bill, to debar his Eldest Son from his Title, &c.

Whereas this Day was appointed, for the House to be put into a Committee upon the Bill, intituled, "An Act for appointing Persons to take Care of the Person and Estate of John Digby Esquire, Eldest Son and Heir Apparent of William Lord Digby in the Kingdom of Ireland:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee thereupon on Wednesday next; and that the Depositions taken in Writing, at the Committee which was appointed to examine the Allegations of the Petition of the said Lord Digby, be referred to the said Committee of the whole House.

Sir W. Courtenay's Petition referred to Judges.

Upon reading the Petition of Sir William Courtenay, of Powderham Castle, in the County of Devon, Baronet; praying Leave to bring in a Bill, for Sale of the Manor, Lands, and Tenements, of Woolsgrove and Spreaton, in the County of Devon, and a Farm called Sangwell Farm, in the County of Kent; and, with the Money arising thereby, to purchase other Lands and Tenements, more contiguous to the Petitioner's Mansionhouse, to be settled to the same Uses:

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

Cook & al. Petition referred to Judges.

Upon reading the Petition of John Cook Mayor, and James Garnon, Thomas Nicholson, John Martin, John Harneis, Benjamin Harrison, and Thomas Hooton, Six Senior Aldermen, of the City of Lincoln, and of Fisher Tench Esquire; praying Leave to bring in a Bill, for Sale of the Third Part of the Manor of Low Leighton, in the County of Essex, and of divers Lands and Tenements there; and for vesting the Purchase-money in other Lands, in the County of Lincoln, upon the same Trusts, for the Poor of the Parish of St. Swithen's and St. Peter's, in Eastgate, in the said City of Lincoln:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be referred to the Consideration of the Lord Chief Justice of the Court of King's Bench and the Lord Chief Justice of the Court of Common Pleas; 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.

Shere to be attached, for Non-payment of Costs.

Upon reading the Petition of Joseph Cock; setting forth, "That, on the 19th Day of June 1713, upon hearing the Appeal of Jonathan Shere Gentleman, whereunto the Petitioner was Respondent, this House did dismiss the same, and ordered the said Jonathan Shere to pay to the Petitioner Forty Pounds, for his Costs; and, on the 9th of July following, upon the Petitioner's Complaint of the said Jonathan Shere's Disobedience to the said Order, in not paying the said Costs, he was ordered to be attached by the Gentleman Usher of the Black Rod, for such his Disobedience; but, absconding from his usual Place of Abode, and the Session ending soon after, the Petitioner received no Benefit by the said Order; nor hath he yet received any Satisfaction, in respect of the said Costs;" and praying, "That the said Order of Attachment may be renewed, or that he may have such other Relief as to the House shall seem meet:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Jonathan Shere, and bring him in safe Custody to the Bar of this House, to answer for his Disobedience to the said Order; and this shall be a sufficient Warrant on that Behalf.

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

G. Trenchard, Leave for a Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of George Trenchard Esquire and others was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Leave be given to bring in a Bill, pursuant to the said Report.

Daly versus French & al.:

Upon reading the Petition of Denis Daly Junior, Esquire, and Ellin his Wife; setting forth, "That all the Respondents to their Appeal (except Mary Lynch) have put in their Answers thereunto;" and praying, That a Day may be appointed, for hearing the Merits of the said Appeal; and that the same may be heard ex Perte against the said Mary Lynch (she having been served with an Order for answering), unless she does, before the Day to be appointed, put in her Answer without further Service, in regard the Respondent Mary French is the Person principally concerned therein, and that the said Mary Lynch is only made a Party for Form, being an Executor and a Trustee:"

Lynch to answer.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mary Lynch do peremptorily answer the said Appeal on or before this Day Sevennight; or otherwise the Appeal, as to her, to be heard ex Parte; of which the Appellants are forthwith to give Notice to the said Mary Lynch.

Murray versus Murray.

Upon reading the Petition and Appeal of John Murray, of Conheath; complaining of several Interlocutory Sentences, and Affirmances thereof, by the Lords of Council and Session in Scotland, bearing Date the 10th and 28th Days of July and 16th of December 1713, and 23d of July 1714, made on the Behalf of James Murray, the Appellant's Younger Brother; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Murray 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 Monday the Twenty-seventh Day of June next.

Dunlop to enter into a Recognizance for Watson.

Upon reading the Petition of James Watson, of Saughton, Esquire; praying, "In regard his urgent Affairs necessarily require his Residence in Scotland, that William Dunlop Gentleman, his Agent, may be accepted, to enter into a Recognizance on the Behalf of the Petitioner, upon his Appeal depending in this House, as is usual in like Cases:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum quartum diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.