Journal of the House of Lords: Volume 18, 1705-1709. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 17 Decembris.
Lady North and Grey's Nat. Bill.
Message to H. C. with it.
Answer to the Address about continuing the D. of Marlborough's Titles, &c:
The Duke of Bolton reported Her Majesty's Answer to the Address of this House, presented to Her Majesty Yesterday, relating to the Duke of Marlborough's Titles and Honours, signed by Her Majesty's own Hand; (videlicet,)
"I must not omit to take Notice, that the respectful Manner of your Proceeding, in desiring My Allowance for bringing in the Bill, and My Direction for the Limitation of the Honours, does give Me great Satisfaction.
"My Intention is, That, after the Determination of the Estate which the Duke of Marlborough now has in his Titles and Honours, the same should be limited to his Eldest Daughter and the Heirs Male of her Body; and then to all his other Daughters successively, according to their Priority of Birth, and the Heirs Male of their respective Bodies; and afterwards in such Manner as may most effectually answer My Design and yours, in perpetuating the Memory of his Merit, by continuing, as far as may be done, his Titles and Name to all Posterity.
D. of Marlborough's Thanks to the House:
"I cannot find Words sufficient to express the Sense I have of the great and distinguishing Honour which the House has been pleased to do me, in their Resolution, and their Application to Her Majesty. The Thoughts of it will be a continual Satisfaction to me, and the highest Encouragement; and the thankful Memory of it must last as long as any Posterity of mine.
"I beg leave to say a Word to the House, in relation to that Part of Her Majesty's Gracious Answer which concerns the Estate of Woodstock, and the House of Blcinheim. I did make my humble Request to the Queen, that those might go along with the Titles; and I make the like Request to your Lordships, that, after the Dutchess of Marlborough's Death (upon whom they are settled in Jointure), that Estate and House may be limited to go always along with the Honour."
Address, &c. to be printed:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Keeper of the Great Seal of England do give Order, that the Address of this House, in relation to the Settlement of the Titles and Honours of his Grace the Duke of Marlborough, and Her Majesty's Pleasure, signified by Her most Gracious Answer to the said Address, and what was said by his Grace the Duke of Marlborough on that Occasion, be forthwith printed and published.
Judges to bring in a Bill, for settling the D. of Marlborough's Honours, &c.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chief Justice of Her Majesty's Court of Queen's Bench, the Lord Chief Justice of Her Majesty's Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, do forthwith prepare, and bring in, a Bill, pursuant to Her Majesty's Pleasure, signified in Her Answer to the Address of this House, and the Consent of the Duke of Marlborough declared in his Place, to the settling the Estate of Woodstock, and House of Bleinheim, as Her Majesty is pleased to think proper.
Judges to bring in a Bill for the Ease of Sheriffs.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chief Baron and the rest of the Barons of the Court of Exchequer do forthwith prepare, and bring in, a Bill for the better Ease of Sheriffs, in passing their Accompts; and of the Subject, as also to the Sheriffs, in relation to the Execution of that Office.
L. Kingsland versus Barnwell & al.
Upon reading the Petition and Appeal of Nicholoas Lord Viscount Kingsland of Ireland, Appellant from a Decree or Order made in the Court of Chancery in Ireland, the Eleventh Day of December One Thousand Seven Hundred and Five, whereby the Petitioner's Bill exhibited in the said Court, against Nicholas Barnwell the Elder, Executor of Robert Barnwell Esquire, deceased, Robert and Nicholas Barnwell the Younger, Peter, Robert, Christopher, James, and Rich'd Barnwell the Younger, all Minors, by Richard Tisdale Gentleman, their Guardian, John Arthur, Robert Leigh, Michael Flemming, and Isaac Ward, Esquires, is and stands dismissed out of the said Court; and praying "the Reversal of the said Decree or Order; and that the Service of this Order on the Defendants Clerk in Court in Ireland may be good Service:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Nicholas Barnwell the Elder, Robert, and Nicholas Barnwell the Younger, Peter, Robert, Christopher, James, and Richard Barnwell the Younger, Richard Tisdale, John Arthur, Robert Leigh, Michael Flemming, and Isaac Ward, may have a Copy or Copies of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Tuesday the Eight and Twentieth Day of January next, at Eleven a Clock in the Forenoon; and that the Service of this Order upon the Defendants Clerk in Court in Ireland shall be good Service, in order thereunto.