House of Lords Journal Volume 20: 28 June 1715

DIE Martis, 28 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Message from H. C. with Bills.

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

With a Bill, intituled, "An Act for raising the Militia for the Year One Thousand Seven Hundred and Fifteen, although the Month's Pay formerly advanced be not re-paid;" to which they desire the Concurrence of this House.

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

To return 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;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Leigh's Petition, for Lord Leigh' to waive his Privileges.

Upon reading the Petition of the Honourable Charles Leigh Esquire; praying, "That the Right Honourable Edward Lord Leigh may not be at Liberty to resume his Privilege; but may be obliged to waive the same, throughout the Course of the Suit in Chancery, brought by the Petitioner and the Honourable Thomas Wentworth Esquire; the said Lord Leigh having signed a Paper, signifying that he waived his Privilege in the said Cause; but now, to their great Surprize, his Lordship resumes his Privilege, notwithstanding his said Waiver thereof, whereby they are prevented from proceeding in their said Suit:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be referred to the Consideration of the Lords Committees for Privileges, to examine the Matter of Fact; and report the same, with their Opinion thereupon, to the House.

Pollard versus Nugent:

Whereas this Day was appointed, for hearing Counsel, upon the Petition and Appeal of Walter Pollard Esquire, brought into this House the Eighteenth of June 1714, from Two several Orders, or Decrees, made in the Court of Exchequer in Ireland, the Seventh Day of December 1713, and Fourteenth Day of May 1714, in a Cause there depending, wherein Thomas Nugent and Allson his Wife, Administrators of James Nugent deceased, and also Administrators of William Nugent deceased, were Complainants, and the Appellant Defendant; praying the Reversal of the said Orders or Decrees: As also upon the Answer of the said Thomas Nugent and his Wife put in thereunto:

Counsel appeared for the Respondents, but none for the Appellant.

And the said Counsel briefly stating the Case; and praying exemplary Costs may be given by this House; they withdrew.

Appeal dismissed, with Costs; no Counsel for the Appellant.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Appellant do pay, or cause to be paid, to the said Respondents, the Sum of Sixty Pounds, for their Costs.

E. Clanriccard's Bill.

The Lord Carteret reported from the Committee, to whom the Bill, intituled, "An Act for explaining and better executing the Intentions of a former Act, intituled, An Act for making Provision for the Protestant Children of the Earl of Clanriccard and Lord Bophin; aud for Sale of further Part of the said Earl's Estate, for Payment of the Debts and Portions remaining chargeable upon the same," was committed: That they had considered the said Bill; and heard Counsel for Colonel Burke, upon his Petition relating thereunto; and also Counsel for the Bill; and had gone through the same, and made several Amendments."

Which were read Twice, and agreed to.

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

Ld. Great Chamberlain's Precedency, when a Duke, to settle, Bill.

The Earl of Clarendon reported from the Committee, to whom the Bill, intituled, "An Act for settling the Precedency of Robert Marquis of Lindsey, Great Chamberlain of England, when created a Duke of Great Britain, and of such as shall succeed to the said Honour," was committed: "That they had considered the said Bill; and gone through the same, and made One Amendment thereunto."

Which was read Twice, and agreed to.

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

Standing Orders, Report considered.

The House (according to Order) proceeded to take into further Consideration the Report from the Committee, to whom the Roll of Standing Orders of this House was referred.

And the new Orders proposed by the Committee, as proper to be made Standing Orders of this House, marked (A.) (B.) (C.) (D.) and (E.) were read.

And the Orders marked (A.) (B.) and (C.) being again read, the same were severally agreed to be made Standing Orders.

And the Order marked (D.) being likewise read; the latter Part thereof, from the Word ["intervene"] was agreed by the House to be left out; and the former Part thereof to be made a Standing Order.

The Order marked (E.) being also read, was agreed to by the House, to be made a Standing Order.

And the Paragraph, N° 34, intituled, ["Bishops,"] (which was postponed by the House till their Lordships should have gone through with the said Report) being read; the same was agreed by the House, to stand without any Alteration.

Then the House being informed, "That the said Committee, to whom the said Roll was referred, observing there were several Orders relating to the same Matter, which stood in the Roll in different Places, did, by a Schedule, range them under proper Heads, and place them in such Order as they thought might render the same more useful and easy to be found:"

It is thereupon Ordered, That the said Committee be revived, and meet on Friday Morning next; to place the several Orders contained in the said Roll, and the additional Orders, in such Method as they shall think proper: And when the said Orders are so placed, the Clerk do new engross the same, with the several Amendments and Additions; and afterwards the same Committee are to examine and correct the said Engrossment.

L. Digby's Bill.

The Amendments made by the House of Commons to 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," were read, and severally agreed to.

And a Message was sent to the House of Commons, by Sir Thomas Gery and Mr. Rogers, to acquaint them therewith.

Cope et al. Leave for a Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of Elizabeth Cope Widow and others, praying Leave to bring in a Bill, for several Purposes therein mentioned, was referred:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Hoskins' Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Sir Hungerford Hoskyns Baronet to raise Monies, to discharge his Brothers and Sisters Portions, and to settle a Jointure on a Wife."

Fry's Bill.

The Earl of Rochester reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting in Trustees Part of the Estate of Nicholas Fry Esquire, deceased, for Payment of his Debts, and for making a Provision for Dorothy his only Daughter," was committed: "That they have considered the said Bill; and that the Parties concerned had given their Consents; and that the Committee had made several Amendments to the Bill."

Which were read.

And all the said Amendments thereunto, to the Blank in the 5th Line of the 24th Sheet, were read a Second Time, and severally agreed to.

And the next Amendment proposed by the Committee, which was, to fill up the said Blank with ["One Thousand Pounds,"] as a Portion for the said Dorothy, being read a Second Time; and a Debate arising thereupon:

It is Ordered, That the further Consideration of the said Amendment be adjourned till Friday next; and that the Judges to whom the Bill was referred do then attend the Service of this House.

Ogle versus Sansome.

Upon reading the Petition and Appeal of Challoner Ogle Esquire; complaining of a Decree made by the Lord Chancellor the 14th Day of May last (which was not perfected till the 14th Instant), in a Cause wherein John Sansome Esquire, Brother and Executor of Captain Michael Sansome, was Plaintiff, and the Appellant Defendant; praying, "That the said Decree may be reversed and discharged; and that the Decree of the Tenth of December last, made by the Master of the Rolls, may be confirmed and established; or that such other Directions may be given, as shall seem equitable and agreeable to the great Wisdom of this House:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Sansome 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 Twelfth Day of July next.

Adjourn.

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