House of Lords Journal Volume 19: 11 February 1712

DIE Lunæ, 11 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hamilton versus Lady Cardross.

Upon reading the Petition and Appeal of John Hamilton, of Pumpherston, Esquire; complaining of an Interlocutor, or Decree, of the Lords of Council and Session in Scotland, made on the Behalf of the Honourable Katherine Lady Cardross, the 20th of February 1708/9, and several subsequent Interlocutors, the last whereof is of the 8th of February 1710/11; and praying to be relieved against the same:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lady Cardross may have a Copy of the said Appeal; and shall and is hereby required to put in her Answer thereunto, in Writing, on or before Monday the Seventeenth of March next, at Eleven a Clock.

Newburgh versus Newburgh.

Whereas, by Order of this House of the Eighteenth of January last, Henry Newburgh was to put in his Answer to the Appeal of Brockhill Newburgh, from a Decree of the Court of Exchequer in Ireland, on or before the Fifteenth Instant: The House being this Day moved, "That the said Henry Newburgh may have further Time allowed him for answering to the said Appeal; the Packet Boat having been detained by contrary Winds:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Newburgh shall have further Time allowed him for answering the said Appeal, till Friday the Seventh Day of March next, at Eleven a Clock.

L. Mohun versus Minshall.

Upon reading the Petition and Appeal of Charles Lord Mohun, Devisee and Executor of Charles Earl of Macclesfield the Son, deceased, who was Residuary Legatee of Charles Earl of Macclesfield the Father, deceased, who was Residuary Legatee of Sir Edward Fitton, deceased, from Two Decrees made in the Court of Chancery the 13th of June and 14th of November 1687, and Two subsequent Decrees of the 18th of June and 19th of November 1711, on the Behalf of Peter Minshall, Brother and Heir of Thomas Minshall Esquire, deceased, and Elizabeth and Jane Minshall, Sisters and Administrators of the said Thomas Minshall; praying the Reversal of the said Decrees:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Peter Minshall and other Respondents may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Third Day of March next, at Eleven a Clock.

D. of Bedford's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Trustees, during the Minority of Wriothesly Duke of Bedford, and of the Lord John Russell his Brother, to grant Leases of the Estate of the said Duke, and Setts for getting Copper, and other Ore and Minerals therein; and for rendering valid and effectual several such Grants or Setts already made."

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 Tuesday the Five and Twentieth Day of this Instant February, at Eleven a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Bromsall's Pet. referred to Judges.

Upon reading the Petition of Owen Thomas Bromsall Gentleman, an Infant of the Age of Twenty Years; shewing, "That he is seised in Fee Simple of a Real Estate, in the County of Bedford, of about Four Hundred Pounds per Annum; and that his Brother, in June last, died seised of another Estate, in the same County, of about Nine Hundred Pounds per Annum, which he devised to Trustees, to pay his Debts, and then to the Petitioner; for whose Advantage it will be, to sell his own Estate to pay the said Debts, and keep his Brother's Estate, which lies together entire, and near the Family Seat; and praying Leave to bring in a Bill, to sell his said Estate, for the Purposes aforesaid:"

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. Baron Price and Mr. Justice Dormer; 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.

Carstares, Principal of Edinburgh College, & al. to be heard concerning Episcopal Communion, Scotland, Bill.

A Petition of William Carstares Principal of the College of Edinburgh, Thomas Blackwell Professor of Divinity at Aberdeen, and Robert Baillie Minister at Invernes, was presented to the House, and read; praying, "That Time may be allowed, for the Commissioners of the Assembly of the Church of Scotland to lay before this House what they have to say concerning the Bill depending in this House, to prevent the disturbing those of the Episcopal Communion, in Scotland, in the Exercise of their Religious Worship, and in the Use of the Liturgy of the Church of England; and for repealing the Act against irregular Baptisms and Marriages; or that their Lordships would hear the Petitioners, by Counsel, concerning the same, before the Second Reading of the said Bill."

Then it was proposed, "That the Second Reading of the said Bill be put off till Friday next."

And it being also proposed, "That the same be read a Second Time on Wednesday next;"

And Debate thereupon:

The Question was put, "Whether this Bill shall be read a Second Time on Friday next?"

It was Resolved in the Negative.

Ordered, That the said Bill be read a Second Time on Wednesday next; and that the said Petitioners be then heard, by their Counsel, at the Bar of this House, before the Second Reading thereof.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum tertium diem instantis Februarii, hora duodecima, Dominis sic decernentibus.