House of Lords Journal Volume 20: 21 June 1715

DIE Martis, 21 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Butchers, Edinburgh, versus The Magistrates.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Corporation of Butchers in the Borough of (fn. 1) Edinburgh are Appellants, and the Magistrates and Corporation of Candle-makers of the said Borough of Edinburgh Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Twentyninth Day of this Instant June, at Eleven a Clock.

Watson versus Watson.

Upon reading the Petition of James Watson of Saughton Esquire; praying, "In regard Robert Watson of Muirhouse Esquire was, by this House, ordered to answer the Petitioner's Appeal by the Eighth Instant, and no Answer as yet given in; that he may be peremptorily ordered to put in his Answer by a short Day to be appointed; and, in Default thereof, their Lordships will proceed to hear the said Appeal notwithstanding:"

It is Ordered, That the said Robert Watson do peremptorily answer the said Appeal on or before this Day Sevennight; and, in Default thereof, this House will appoint a Day for hearing the same, in order to proceed thereon ex Parte.

Day to be brought to the Bar, to be discharged.

Upon reading the Petition of William Day, a Woollendraper, in Custody of the Gentleman Usher of the Black Rod, for assaulting Samuel Brewer the last Parliament in The Court of Request, who was employed, by the Clothiers in the West, to solicit against a Bill then depending in this House, relating to mixed or medley Broad Cloth; acknowledging his Offence, expressing his Sorrow for the same, and begging the Forgiveness of this House; and praying an Order for his Discharge, his whole Dependance lying on the Care of his Trade:

It is Ordered, That the said William Day be brought to the Bar of this House, To-morrow Morning, in order to his Discharge.

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

All Souls College, Bill.

The Lord Bishop of Carlisle reported from the Committee, to whom the 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," was committed: "That they had considered the said Bill; that the Parties concerned had consented thereunto; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Poor Clergy, Maintenance, Bill:

The Lord Archbishop of York presented to the House, a Bill, intituled, "An Act for making more effectual Her late Majesty's gracious Intentions, for augmenting the Maintenance of the poor Clergy."

His Majesty's Consent to it declared.

The Lord Chancellor thereupon acquainted the House, That there were in the Bill Clauses wherein His Majesty's Interest is concerned; and that His Majesty, having been informed thereof, had been graciously pleased to declare His Consent to the passing the same."

Then the said Bill was read the First Time.

Temple's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower the Barons of the Court of Exchequer in Ireland to grant a Commission to some Persons in Great Britain, to administer to Henry Temple Esquire the usual Oaths for due Execution of the Office of Chief Remembrancer of the Court of Exchequer in Ireland."

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

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Middleton versus Balfour.

Upon reading the Petition and Appeal of Robert Middleton, Rector of St. Mary's in Colchester, in the County of Essex, from the whole Interlocutory Sentences, or Decrees, of the Lord Polwarth the Ordinary, in the Cause of the Fifth and Nineteenth Days of February 1714, made on the Behalf of Colonel John Balfour; and from so much of the Interlocutors of the said Lords of Session, of the Eleventh and Thirtieth Days of June 1714, as affirms those Interlocutors of the said Fifth and Nineteenth of February; praying, "That the same may be reversed; and that the Petitioner 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 said Colonel Balfour 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 July next.

Foreigners, Act concerning, Bill to explain.

The Order being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to explain the Act made in the Twelfth Year of the Reign of King William the Third, intituled, An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject:"

It was proposed, 'That the Judges deliver their Opinions, whether the Clause in the Act of the Twelfth Year of King William, to be explained by the said Bill, extends to and binds Persons naturalized since the said Act and before His Majesty's Accession to the Crown."

And a Question being stated thereupon;

It was moved, "That the same be put to the Judges."

Which being objected to:

"The Question was put, "Whether that Question shall be put to the Judges?"

It was Resolved in the Negative.

Protest against not putting a Question to the Judges about it.

"Dissentient.

"Buckingham.

"Salisbury. Abingdon. Berkshire.

"Bruce. Scarsdale.

Ashburnham.

Hay.

North & Grey.

Osborne.

Mansel. Guilford.

Fr. Roffen.

Berkeley of Stratton. Compton.

Fran. Cestriens. Trevor.

P. Hereford. Strafford.

A. Menev. Bathurst. Foley.

Geo. Bristol."

Then the House (pursuant to the Order of the Day) was adjourned during Pleasure, and put into a Committee upon the aforementioned Bill.

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

And the Earl of Dorset reported from the said Committee, "That they had gone through the Bill, and agreed upon a Proviso to be added thereunto; which their Lordships had directed him to report, when the House will please to receive the same."

Ordered, That the Report be now received.

And his Lordship accordingly reported the said Amendment.

Which was read Twice, and agreed to.

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

Adjourn.

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