House of Lords Journal Volume 20: 5 July 1715

DIE Martis, 5 Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. to return the Bill for settling the L. Great Chamberlain's Precedency, when a Duke.

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

To return 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

E. Clanriccarde versus Burke & al.

A Petition of John Earl of Clanricarde, was presented to the House, and read; praying, "That the Honourable William Steuart Esquire and the Lady Grandison his Wife may answer his Appeal, peremptorily, at such Time as to this House shall seem sitting; and, in Default thereof, that the Petitioner may be at Liberty to apply to this House to hear the same; and that the Respondent Colonel Thomas Bourke may not take Advantage for Want of their Answer to the said Appeal:"

Also a Petition of the said Colonel Thomas Bourke, was presented to the House, and read; praying, "That a Day may be appointed, for hearing the said Appeal; the Time given for the said William Stewart and his Lady being elapsed, and the other Respondent having answered:"

Ordered, That the Respondents the Honourable William Stewart and his Lady do peremptorily put in their Answer to the said Appeal within a Week after Notice given for that Purpose to their Agent; and if they make Default to answer accordingly, the Appellant or the Respondent Bourke may then apply for a Day of Hearing, notwithstanding such Default.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by the Lord William Powlet and others:

With a Bill, intituled, "An Act for explaining an Act made in the Ninth Year of the Reign of King William the Third, intituled, An Act for vesting Part of the Estate of Thomas Panton Esquire in Trustees, to be sold, for Payment of Debts, and securing a Jointure to Mary his now Wife, and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

Fry's Bill.

The Earl of Rochester reported from the Committee, 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 Provision for Dorothy his only Daughter," was re-committed: "That they had made several other Amendments to the Bill; leaving out those Parts thereof, pursuant to the Direction of the House, which relate to the Amendment for a Provision for the said Dorothy, disagreed to by this House on Friday last."

Which Amendments were read Twice, and agreed to.

Ordered, That the Bill, with the said Amendments, and those Amendments formerly agreed to by the House, be engrossed.

Morison versus Nisbet & al.;

Counsel were this Day called in, in order to be heard upon the Petition and Appeal of William Morison of Preston Grange Esquire, from several Decretal Orders of the Lords of Council and Session in Scotland; praying "to be relieved, as to the great Wisdom and Justice of this House shall seem agreeable:" As also upon the Answer of William Nisbet of Dirlton Esquire, Sir William Scot of Thirlestone Baronet, and Dame Jane Nisbet his Lady, and Walter Scot of Harden, Heir of Entail to Sir William Scot of Harden, the said Dame Nisbet's former Husband, deceased:

And the Counsel for the Appellant proceeding accordingly; the Respondents Counsel objected thereunto, the said Appeal being defectively brought, in regard the said Walter Scot is an Infant.

And thereupon the Counsel were directed to withdraw.

And being accordingly withdrawn:

Hearing put off for a new Answer, the Appeal being defectively brought.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Appellant do pay to the Respondents the Sum of Twenty Pounds for their Costs, he having brought the said Appeal to a Hearing defectively as against the said Walter Scot; and that the Appellant do serve the Curators, Tutors, or Guardians, of the said Infant, to answer the said Appeal, for and on his Behalf; which Curators, Tutors, or Guardians have hereby Liberty to take a Copy of the said Appeal; and shall and are hereby required to put in such Answer, on Behalf of the said Infant, as they shall think fit, on or before Tuesday the Third Day of August next; and that the Hearing of this Cause be adjourned till the Answer be put in accordingly.

Lynch further Time to answer Daly's Appeal.

Upon reading the Petition of Mary Lynch Widow; praying "an Enlargement of the Time allowed her for answering the Appeal of Denis Daly Junior and Ellin his Wife; she being not yet arrived from Ireland:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mary Lynch hath hereby further Time allowed, for answering the said Appeal, until Monday the Eighteenth Day of this Instant July.

Cope's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Robert Cope Esquire to settle an additional Jointure out of his Estate on Elizabeth his now Wife, and also to raise Portions and Maintenances for his Daughters and Younger Children by her; and to enable those in Remainder to do the same."

Adjourn.

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