House of Lords Journal Volume 19: 31 January 1712

Journal of the House of Lords: Volume 19, 1709-1714. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 19: 31 January 1712', in Journal of the House of Lords: Volume 19, 1709-1714, (London, 1767-1830) pp. 367-368. British History Online https://www.british-history.ac.uk/lords-jrnl/vol19/pp367-368 [accessed 24 April 2024]

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DIE Jovis, 31 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm. & Ds. Crew.
Epus. Winton.
Epus. Roffen.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Eliens.
Epus. Petriburg.
Epus. Oxon.
Epus. Bangor.
Epus. Carliol.
Epus. Lincoln.
Epus. Cestrien.
Epus. Norwic.
Epus. Asaph.
Epus. Cicestrien.
Epus. Meneven.		 Ds. Harcourt, Custos Magni Sigilli.
Comes Oxford & Mort. Thesaurarius.
Dux Buckingham & Nor. Præses.
Dux Shrewsbury, Camerarius.
Dux Somerset.
Dux Richmond.
Dux Grafton.
Dux Ormonde.
Dux Beaufort.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.
Dux Devonshire.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Kent.
Comes Lincoln.
Comes Dorset.
Comes Bridgewater.
Comes Northampton.
Comes Denbigh.
Comes Rivers.
Comes Winchilsea.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Anglesey.
Comes Sussex.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Plimouth.
Comes Portland.
Comes Scarbrough.
Comes Orford.
Comes Wharton.
Comes Godolphin.
Comes Cholmondeley.
Comes Mar.
Comes Eglintoun.
Comes Home.
Comes Roseberie.
Comes I'lay.
Comes Ferrers.
Comes Dartmouth.
Viscount Hereford.
Viscount Say & Seal.
Viscount Townshend.
Viscount Weymouth.
Viscount Hatton.
Viscount Kilsyth.		 Ds. Delawar.
Ds. Willughby Br.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Howard Escr.
Ds. Mohun.
Ds. Bruce.
Ds. Byron.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley.
Ds. Carteret.
Ds. Ossulstone.
Ds. Guilford.
Ds. Weston.
Ds. Sommers.
Ds. Halifax.
Ds. Gernsey.
Ds. Conway.
Ds. Hervey.
Ds. Cowper.
Ds. Blantyre.
Ds. Boyle.
Ds. Hay.
Ds. Mountjoy.
Ds. Burton.
Ds. Mansel.
Ds. Middleton.
Ds. Trevor.
Ds. Landsdowne.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.

PRAYERS.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir William Whitlock and others:

With a Bill, intituled, "An Act for explaining and altering the Laws now in being, concerning the Assizes of Fuel, so far as they relate to the Assize of Billet, made, or to be made, of Beech-wood only;" to which they desire the Concurrence of this House.

Assize of Fuel, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for explaining and altering the Laws now in being, concerning the Assizes of Fuel, so far as they relate to the Assize of Billet, made, or to be made, of Beechwood only."

Ordered, That the said Bill be read a Second Time on Tuesday next.

Yarmouth to Caister Causeway, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to make a Causeway over The Denes, from Great Yarmouth to Caister, in the County of Norfolk."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to it.

A Message was sent to the House of Commons, by Mr. Orlebar and Mr. Dormer:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Bp. of London and Hutchinson versus Burton et al. Inhabitant of Hammersmith.

Upon reading the Petition of Henry Lord Bishop of London and Michael Hutchinson Clerk; shewing, "That, upon hearing the Appeal of Littleton Burton Clerk, John Charlewood, William Vanguien, and Thomas Speer and others, Inhabitants of Hammersmith, in the County of Midd'x, on the Eighteenth of May One Thousand Seven Hundred and Eleven, from a Decree of the Court of Chancery, made on the Behalf of the Petitioners, this House did order and adjudge, "That the said Appeal should be dismissed, and the Decree therein complained of affirmed; and that the Appellants should pay, or cause to be paid, to the Petitioners, the Sum of Fifty Pounds, for their Costs in this House;" and praying, "That the said Appellants, or some of them, may forthwith pay the said Fifty Pounds to the Petitioners:" As also upon reading an Affidavit of William Lowndes Gentleman, whereby it appears, "That he did, on the Twenty-third of May last, personally serve the said John Charlewood and William Vanguien with the said Order, and the next Day personally served the said Littleton Burton, and on the Day following personally served the said Thomas Speer with the same, at their respective Dwelling Houses; and demanded of them, respectively, the Sum of Fifty Pounds, in the said Order mentioned; which he was empowered to do, by virtue of a Letter of Attorney from the Petitioners, which he shewed to them; and that he hath not received the Whole, or any Part, of the said Fifty Pounds; they refusing to obey the said Order:"

Burton, Charlewood, et al. to be attached, for not paying Costs.

It is therefore Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said John Charlewood, William Vanguien, Littleton Burton, and Thomas Speer, and bring them in safe Custody to the Bar of this House, to answer for their Offence, in not obeying the said Order; and this shall be a sufficient Warrant on that Behalf.

To Sarles Goatley Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Dunbar versus Arskine.

Upon reading the Petition and Appeal of William Dunbar, Second Son of Sir William Dunbar, late of Dume, Knight and Baronet, deceased, from a Decree of the Lords of Council and Session in Scotland, made on or about the Twenty-sixth of February 1706; and an Interlocutor or Order made in the same Cause, on or about the Fifteenth of July 1709, for Stay of Execution upon the said Decree, on the Behalf of Colonel John Arskine; praying, "That the said Order may be reversed, and the Petitioner relieved; and that Colonel Arskine may answer the said Appeal:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Colonel John Arskine may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the Thirteenth Day of March next, at Eleven a Clock.

Davie et el. versus Hooper & Ux.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Margaret, Frances, and Trephana Davie, Daughters of Sir William Davie, Baronet, deceased, Infants, by Nicholas Pollexfen Esquire, their next Friend, are Appellants, and Nicholas Hooper the Younger, Esquire, and Mary his Wife are Respondents:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Fourteenth Day of February next, at Eleven a Clock.

Southwell's Petition referred to Judges.

Upon reading the Petition of Edward Southwell Esquire; praying Leave to bring in a Bill, to enable him to grant the Premises in the Petition mentioned in Feefarm, under the same Rent and Covenants they are now let by Lease; and for settling such Rent to the same Uses, Trusts, Limitations, Powers, and Agreements, as the Premises are subject by his Marriage Settlement:

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.

General Naturalization Act, to repeal, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act to repeal the Act of the Seventh Year of Her Majesty's Reign, intituled, An Act for naturalizing Foreign Protestants, except what relates to the Children of Her Majesty's Natural-born Subjects born out of Her Majesty's Allegiance."

Ordered, That the Consideration of the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

And, after some Time spent therein, the House was resumed.

And the Lord North and Grey reported, "That the Committee of the whole House had gone through the said Bill; and think it fit to pass, with some Amendments."

Which were read Twice, and agreed to.

Hodie 3a vice lecta est Billa, intituled, "An Act to repeal the Act of the Seventh Year of Her Majesty's Reign, intituled, An Act for naturalizing Foreign Protestants, except what relates to the Children of Her Majesty's Natural-born Subjects born out of Her Majesty's Allegiance."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Orlebar and Mr. Dormer:

To acquaint them, that this House hath agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum effe usque ad et in diem Sabbati, secundum diem Februarii jam prox. futur. hora undecima Aurora, Dominis sic decernentibus.

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