House of Lords Journal Volume 19: 17 February 1710

Die Veneris, 17 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Vis. Say & Seal, Report Committee Privileges.

The Earl of Rochester reported from the Lords Committees for Privileges, to whom was referred the Petition of Lawrence Lord Viscount Say and Seale; praying a Writ of Summons to Parliament, and Her Majesty's Reference thereupon to the House of Peers; (videlicet,)

"That their Lordships have read the Record of the Patent in 22° Jac. I^mi, to William Lord Viscount Say & Seale; and have perused his Lordship's Pedigree; and heard Lieutenant General Erle (sworn at the Bar), who gave the Account following of the Family; (videlicet,)

"That William Lord Viscount Say & Seale had Issue James Lord Viscount Say & Seale, Nathaniel, John, and Richard, who were the only Issue Male that had Issue: That James had Issue William, who was drowned under Age, and unmarried, in the River Seyne, in France, as he hath been informed from his Relations many Years since.

"That Nathaniel has Issue Nathaniel, who married and died without Issue; and William, who succeeded as Lord to his Uncle James, and was Father to Nathaniel the late Lord, his only Child, who lately died unmarried.

"John, the Third Brother, married Susanna Hobbs, and had Issue Male John and Thomas, who died unmarried; William, who married, and died without Issue; and Lawrence the Petitioner.

"And Richard, the Fourth Son, had many Children; and has left a Son Richard, now living.

"Whereupon their Lordships are of Opinion, that the Petitioner hath a Right to a Writ of Summons to Parliament."

To which Report the House agreed.

L. Vis. Say & Seal a Right to a Writ of Summons.

Upon Report from the Lords Committees for Privileges, to whom was referred the Petition of Lawrence Viscount Say and Seale; praying a Writ of Summons to Parliament, and referred by Her Majesty to the House of Peers:

It is this Day Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That Lawrence Lord Viscount Say & Seale hath a Right to a Writ of Summons to Parliament; and that the Earl of Sunderland, Principal Secretary of State, do humbly acquaint Her Majesty with this Resolution.

Jennens's Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for vesting the several Manors and Lands therein mentioned, in the County of Oxon, late the Inheritance of William Jennens Esquire, deceased, and by his Marriage Settlement conveyed to the Uses therein expressed, in Trustees, to be sold, for clearing several Incumbrances thereupon, precedent to the said Marriage Settlement; and investing the Surplus of the Money arising by such Sale in a Purchase of other Lands, to the like Uses as were limited by the said Marriage Settlement; and for vesting in the said Trustees such Estate and Interest as the said William Jennens, or the Trustees named in his Marriage Settlement, has in certain Lands, heretofore called The Marsh Lands, in the Parish of St. Giles in the Fields, in the County of Midd'x, subject to the several precedent Incumbrances thereupon, to be sold, for the Purposes therein mentioned," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

L. North & Grey, Privilege.

This Day Robert Hayes Constable was brought to the Bar, by the Deputy Gentleman Usher of the Black Rod, in whose Custody he was, for a Breach of the Privilege of the Right Honourable the Lord North & Grey, a Peer of this Realm; where the said Hayes being reprimanded by the House, and asking Pardon for his Offence:

Hayes discharged.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Rob't Hayes shall be, and he is hereby, discharged, paying his Fees; and this shall be a sufficient Warrant on that Behalf.

To the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

E. of Wemyss & al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable David Earl of Wemyss and Mary Countess of Wemyss his Wife, and Anne Robinson Spinster; praying Leave to bring in a Bill, for confirming Articles of Partition made by the Petitioners; and for vesting their respective Moieties allotted by the same Articles in Trustees, to be sold:

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

Lords with White Staves to attend Her Majesty.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do wait on Her Majesty, humbly to know what Time Her Majesty will please to appoint to be attended with an Address of both Houses of Parliament.

Lady Plunket versus Bp. Dromore:

After hearing Counsel, upon the Petition and Appeal of Dame Penelope Plunket, from an Order made in the Court of Chancery in Ireland, the Nineteenth of May One Thousand Seven Hundred and Eight, and a Decree the First of June, One Thousand Seven Hundred and Nine, on the Behalf of Tobias Lord Bishop of Dromore in Ireland; and praying the Reversal of the said Order and Decree: As also upon the Answer of Tobias Lord Bishop of Dromore put in thereunto; and due Consideration of what was offered thereupon:

Judgement affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Dame Penelope Plunket shall be, and is hereby, dismissed this House; and that the said Order and Decree therein complained of shall be, and are hereby, affirmed.

Dillingham versus Perrin, in Error.

Upon reading the Petition of Theophilus Dillingham, of London, Woollen-draper; praying a Day may be appointed, for hearing the Errors argued upon Two Writs of Error depending in this House, to which he is Defendant, and Thomas Perrin Merchant Plaintiff:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued, upon the said Two Writs of Error, on Friday the Twenty-fourth Day of this Instant February, at Eleven a Clock.

Hide versus Gotlie, in Error.

Upon reading the Petition of Thomas Hide, of London, Linen-draper; praying a Day may be appointed, for hearing the Errors argued upon his Writ of Error depending in this House, to which Richard Gotlie is Plaintiff:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued thereupon, on Saturday the Five and Twentieth Day of this Instant February, at Eleven a Clock.

Rigby & al. Bill.

After reading, and considering, the Report of Mr. Baron Bury and Mr. Baron Price, to whom was referred the Consideration of the Bill, intituled, "An Act for confirming and establishing a Partition made between Edward Rigby Gentleman, the Honourable Charles Egerton Esquire and the Honourable Elizabeth his Wife, and others, of several Manors and Hereditaments, in the County of Essex, heretofore the Estate of the Right Honourable Anne late Countess of Oxford, deceased; and to enable Margaret, Anne, and Katherine Lennard, Infants, to make Partition of other Lands and Tenements, in the County of Hertford, and in London, other Part of the said Countess of Oxford's Estate:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill may be read a Second Time.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and establishing a Partition made between Edward Rigby Gentleman, the Honourable Charles Egerton Esquire and the Honourable Elizabeth his Wife, and others, of several Manors and Hereditaments, in the County of Essex, heretofore the Estate of the Right Honourable Anne late Countess of Oxford, deceased; and to enable Margaret, Anne, and Katherine Lennard, Infants, to make Partition of other Lands and Tenements, in the County of Hertford, and in London, other Part of the said Countess of Oxford's Estate."

Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Saturday the Fourth Day of March next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Tremayne & al. Leave for a Bill.

After reading, and considering, the Report of the Lord Chief Justice of Her Majesty's Court of Common Pleas and the Lord Chief Baron of Her Majesty's Court of Exchequer, to whom was referred the Petition of Arthur Tremayne Esquire and others; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave given to bring in a Bill, according to the Prayer of the said Petition.

Knight's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of several Lands and Hereditaments of Isaac Knight Esquire, in the Counties of Nottingham and York, for Payment of the Portion of Hannah the Wife of Thomas Stones Esquire, and the Arrears of an Annuity payable to Dickenson Knight Gentleman; and for settling the Overplus to the same Uses to which the Lands to be sold do stand limited; and for charging other Lands with the said Annuity."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Pitt and Mr. Rogers:

To carry down the said Bill, and desire their Concurrence thereunto.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.