House of Lords Journal Volume 20: 1 June 1715

DIE Mercurii, 1 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Standing Orders, Report concerning, to be considered.

Whereas this Day was appointed, for the taking into Consideration the Report from the Committee 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 are also empowered to propose such new Orders as they should think proper, in order to be made Standing Orders of this House.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will take the said Report into Consideration on Thursday the Sixteenth Day of this Instant June; and that all the Lords be summoned to attend.

L. Fitzwalter's Privilege; Richardson et al. to be attached, for fishing in Burnham Waters.

Complaint being made to the House, and Oath made at the Bar, "That Richard Wilkinson, James Richardson Senior, James Richardson Junior, John Barnes, Ralph Hoskins, John Yardley, and Peter Cripps, Fishermen, have fished in that Part of the River of Burnham, alias Walfleet, in the County of Essex, belonging to the Right Honourable Charles Lord Fitzwalter, and also disturbed his Lordship's Fishery therein, during the Time of Privilege of Parliament, in Breach of the Privilege of this House:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forth with attach the Bodies of the several Persons aforenamed, and bring them in safe Custody to the Bar of this House, to answer for their said Offences; and this shall be a sufficient Warrant on that Behalf.

To Charles Stone Esquire, Serjeant at Arms attending this House, his Deputy and Deputies, and to all Mayors, Sheriffs, Bailiffs, Constables, and other His Majesty's Officers, to be aiding and assisting in the Execution hereof.

E. Clanriccard's Trustees, Leave for a Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of Montagu Earl of Abingdon and Robert Earl Ferrers; praying Leave to bring in a Bill, for explaining and better executing an Act of Parliament relating to the Education of the Sons of John now Earl of Clanriccard, and other Purposes, was referred:

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.

Farthing versus Wright et al.

Upon reading the Petition of Walter Farthinge Gentleman; praying, "That a Day may be appointed, for hearing his Appeal depending in this House; and that he may take up his own Recognizance, he having procured Sureties to enter into a Recognizance, pursuant to the Order of this House; and that he may have Liberty to attend his Counsel and this House, in the Prosecution and at the Hearing the said Appeal, he being in Prison for no other Debt or Matter than on the Decree appealed from; and also that Mr. Mitchell, the Respondent's Solicitor, may produce, at the Hearing, an interlined Copy of an Order of the Court of Chancery, made in the Cause, the 23d Day of January 1713; which was read, by him, in Court, since the making thereof, with certain Interlineations therein:"

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 Tuesday the Fourteenth Day of this Instant June, at Eleven a Clock; and that the said interlined Copy of the said Order be produced at the said Hearing; and that, if the Petitioner be in Prison only on account of the said Decree, as alledged, he may have Liberty to attend his Counsel, and at the Hearing, as desired.

Goddard versus Swinton.

Upon reading the Petition and Appeal of John Goddard, Administrator of Ursula Goddard, who was Administratrix of Robert Goddard, her late Husband, deceased, from several Interlocutors, or Judgements, of the Lords of Session in Scotland, of the Day of June 1710, the 13th of February 1713, and the 3d Day of December 1713, made on the Behalf of Sir John Swinton formerly of London, Merchant; praying, "That the same may be reversed and set aside; and that the Interlocutors, Decreets, or Judgements, of the 9th of July 1703, the 4th of January 1705, the 22d of June 1705, the 21st of July 1705, the 13th of July 1708, and the 26th and 28th of July 1709, may be affirmed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir John Swinton 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 Wednesday the Twenty-ninth Day of this Instant June, at Eleven a Clock.

All Souls College, Oxon, Bill.

Hodie 2^a vice lecta est Billa, 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."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Thursday the Sixteenth Day of this Instant June, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Evans's Petition referred to Judges.

Upon reading the Petition of George Evans Esquire and Anne his Wife, William Knapton Esquire, and John Willis Gentleman; praying Leave to bring in a Bill, for Sale of the Manors or Lordships of Holam, alias Hewlam, and Sherraton, alias Sherreton, in the County Palatine of Durham; and for laying out the Monies arising thereby, according to the Intention of the Settlement made upon the Marriage of the Petitioners George Evans and his said Wife:

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

The Earl of Clarendon (according to Order) reported from the Committee of the whole House, to whom 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," was committed, the several Amendments made by the Committee to the said Bill.

Which were read Twice, and agreed to; and other Amendments were made, by the House, to the Bill.

Ordered, That the Bill, with the Amendments, be engrossed.

L. Cobham introduced.

Sir Richard Temple Baronet, being, by Letters Patents, dated Decimo Nono Die Octobris, Primo Georgii Regis, created Baron of Cobham in the County of Kent, was this Day, in his Robes, introduced, between the Lord Cornwallis and the Lord Lumley (also in their Robes); the Gentleman Usher of the Black Rod, One of the Heralds in the Absence of Garter King at Arms, and the Lord Great Chamberlain, preceding.

His Lordship 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, as follows:

"Georgius, Dei Gratia, Mag. Britanniæ, Franciæ, et Hib'niæ Rex, Fidei Defensor, &c. Prædilecto et Fideli Nostro Ric'o Temple de Cobham, Ch'r, Salutem. Quia, de Avisamento et Assensu Concilii Nostri, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Mag. Britanniæ et Ecclesiæ concernentibus, quoddam Parliamentum Nostrum, apud Civitatem Nostram Westm. Decimo Septimo Die Martii prox. futur. teneri ordinavimus; et ibidem, cum Prælatis, Magnatibus, et Proceribus dicti Regni Nostri, Colloquium habere et Tractatum; vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, dictis Die et Loco personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus præd. super dictis Negotiis tractatur. vestrumque Consilium impensur.; et hoc sicut Nos et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. Decimo Septimo Die Januarii, Anno Regni Nostri Primo.

"Trevor. Dauling."

Then his Lordship was placed on the lower End of the Barons Bench:

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.

Messages from H. C. with Bills; and to return the Mutiny Bill.

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

To return 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;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

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

With a Bill, intituled, "An Act for continuing the Imprisonment of Robert Blackburn and others, for the horrid Conspiracy to assassinate the Person of His late Sacred Majesty King William the Third;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for naturalizing Florian Goebell Merchant;" to which they desire the Concurrence of this House.

Betts' Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate late of William Petts Gentleman, deceased, for discharging Incumbrances thereupon; and for making good a Settlement by him made of other Part of his Estate."

Ordered, That the said Bill be committed to the Consideration of the same Committee to whom the Bill relating to All Souls College in Oxford, is referred; to meet at the same Time and Place.

Blackburn et al. to continue the Imprisonment of, Bill.

Ordered, That the Bill, intituled, "An Act for continuing the Imprisonment of Robert Blackburn and others, for the horrid Conspiracy to assassinate the Person of His late Sacred Majesty King William the Third," be read the First Time on Friday next; and all the Lords to be summoned.

Adjourn.

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