House of Lords Journal Volume 19: 12 February 1711

DIE Lunæ, 12 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Lords take the Oaths.

This Day Lawrence Earl of Rochester Lord President, Henry Duke of Beaufort, Montagu Venables Earl of Abingdon, and Other Earl of Plimouth, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; they having first severally delivered Certificates of their receiving the Sacrament; and Witnesses were sworn, and examined, to the Truth thereof.

The Lord Keeper reported, "That he, with the House, had attended Her Majesty, with their Representation; and that Her Majesty was pleased to give the following most Gracious Answer; (videlicet,)

Queen's Answer to the Representation about the State of the War in Spain.

"My Lords,

"I am satisfied with the Examination you have had into the Management of the War in Spain; and thank you for the Representation you have laid before Me, on that Subject.

"You may be confident, I will give the best Orders our present Circumstances can allow of, to put the Affairs of that Kingdom into a better Condition; and take such Measures as may most effectually contribute to the Advantage of the common Cause."

Representation and Answer to be printed.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the humble Representation of this House, presented to Her Majesty on Saturday last, and Her Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Clarges Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting a certain Piece of Ground, being Part of a Field called Stonebridge Field, adjoining to Piccadilly, in the County of Midd'x, in Trustees, to dispose of the same, to discharge a Debt to the Crown, and to other Uses."

Brasen-nose College, Petition referred to Judges.

Upon reading the Petition of Robert Shippen Doctor in Divinity, Principal of King's Hall and College of Brasennose, and the Scholars of the same; praying Leave to bring in a Bill, to assure and confirm to the said Principal and Scholars the Advowsons of the Rectory of Stebbunheath, alias Stepney, and the Rectory of Whitechappel and St. John of Wapping, in the County of Midd'x, and a Lease for Three Lives of the said Rectory of Stepney and the Vicarage of Stepney, and the next Avoidance of the Rectory of St. John of Wapping; and for uniting the Rectory of Stepney, after the Decease of John Wright the present Incumbent, to be divided into Two Partitions, that the Cure of the Parish may be better supplied, and the Succession of the Fellows of the said College may be promoted, by presenting them to the said Parishes and Portions as the same shall be void:

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 the Lord Chief Baron of Her Majesty's Court of Exchequer and Mr. Justice Powys; 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.

Baker & al. versus Austin & al.

Upon reading the Petition and Appeal of Michael Baker, Rich'd Phillips, Nicholas Godwin, Richard Mapletoft, Elizabeth and Jeffrey Goodchild, William Smith, John Barnes, and Elizabeth Edwards Widow, Creditors of his Grace George late Duke of Buckingham deceased, from several Decrees, Orders, Reports, and Proceedings, of the High Court of Chancery, in the Petition mentioned; whereby the Executor of William Cherry Esquire and Robert Brown, Executor of Elizabeth Brown and Administrator de Bonis non of Thomas Brown Gentleman, deceased, have not only a Preference given them for Satisfaction of their Debts, but are also allowed Interest upon Interest for the same, to the Amount of about Twelve Thousand Five Hundred Pounds, and mentioned in the Report of John Hiccocks Esquire, One of the Masters of the Court of Chancery, bearing Date the Third Day of July One Thousand Seven Hundred and Eight, and made in certain Causes, wherein the Executors of the said William Cherry and the said Elizabeth Brown deceased, and the Administrator de Bonis non of Thomas Brown deceased, were Plaintiffs, and John Earl of Buckingham and Thomas Lord Bishop of Rochester were Defendants; and wherein John late Lord Bishop of Chichester and Sarah his Wife, Administratrix of Francis Jenks deceased, were Plaintiffs, and the said Thomas Lord Bishop of Rochester and others were Defendants; and from the Decree, or Decretal Order, made the Twenty-eighth Day of October One Thousand Seven Hundred and Nine, in the said Causes, upon the Debate of the said Mr. Hiccocks' Report; and praying, " That such Part of the said Decrees, Orders, Reports, and Proceedings, mentioned in the said Mr. Hiccocks' Report, the Third Day of July One Thousand Seven Hundred and Eight, by which Interest upon Interest is stated or allowed to the said Cherry and Brown, or their Representatives, to the Prejudice of the Petitioners; and also the said Order, made the Twentyeighth Day of October One Thousand Seven Hundred and Nine, upon hearing the Matter of the said Reports of the Third Day of July One Thousand Seven Hundred and Eight, and the Tenth Day of June One Thousand Seven Hundred and Nine; (fn. 1) that the said Decrees, Orders, Reports, and Proceedings, may be rectified in the Matter aforesaid, and the Petitioners relieved in the Premises:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Charles Austin, surviving Executor of William Cherry Esquire, Robert Brown, Executor of Elizabeth Brown Widow, deceased, and Administrator de Bonis non of Thomas Brown deceased, may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer thereunto, in Writing, on or before Saturday the Twenty-fourth Day of this Instant February, at Eleven a Clock.

Bp. of Rapho's Bill.

Hodie 2^a vice lecta est Billa, intituled, " An Act for discharging John Lord Bishop of Rapho, in the Kingdom of Ireland, from all Penalties, Disabilities, and Incapacities, incurred by him, in omitting to take the Oath of Abjuration on or before the First Day of August One Thousand Seven Hundred and Three; and for making all Ecclesiastical and Civil Acts done by him, as Bishop of Rapho, after such Omission, to be of the same Validity as they would have been if he had taken the said Oath in due Time."

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 Friday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Entry on the 9th Instant, for expunging Part of the Protestation of the 3d, to be considered.

Notice being this Day taken of the Entry in the Journal of this House on Friday last, for expunging some Part of the Reasons for the Protestation of the Third Instant:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Sub-committees appointed to consider of the Orders and Customs of the House, and to peruse and perfect the Journals of this and the last Parliament, do meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings, and consider the said Entry in the Journal; and report their Opinion to the House, how the same ought to stand therein.

Sir R. Allin, Leave for a Bill.

After reading, and considering, the Report of the Lord Chief Baron and Mr. Justice Powys, to whom was referred the Petition of Sir Richard Allin, alias Anguish, Baronet, Dame Frances his Wife, and Sir Henry Ashurst Baronet; 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 to bring in a Bill, according to the Prayer of the Petition.

Malet's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for rectifying the Mistake, and enlarging the Time for a Composition given by an Act of Parliament, passed in the Seventh Year of Her Majesty's Reign, intituled, An Act to enable the Lord High Treasurer, or Commissioners of the Treasury, for the Time being, to compound with William Malet Esquire, for the Debt of his Father, for whom he was Surety, while Receiver General of the County of Somerset and City of Bristol."

Ordered, That the Consideration of the said Bill be referred to the Lords Committees aforenamed.

Their Lordships, or any Five of them; to meet at the same Place, on Thursday next, at Ten a Clock; and adjourn as they please.

Pooler's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Humphry Pooler, in the Parish of Hartlebury, in the County of Worcester."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.