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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DIE Veneris, 24 Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
L. Say and Seale takes his Seat and the Oaths:
This Day Lawrence Lord Viscount Say and Seale sat first in Parliament, upon the Death of Nathaneal Lord Viscount Say and Seale; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
His Writ of Summons being also read, as follow; videlicet,
His Writ of Summons.
"Anna, Dei Gratia, Magnæ Britanniæ, Franc. et Hib'niæ Regina, Fidei Defensor, &c. Charissimo Consanguineo Nostro Laurentio Vicecomiti Say & Seale, Salutem. Cum nuper, de Avisamento et Assensu Concilii Nostri, pro quibusdam arduis et unrgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Mag. Britanniæ et Ecclesiæ concernentibus, præsens Parliamentum Nostrum apud Civitatem Nostram Westm. Octavo Die Julii, Anno Regni Nostri Septimo, teneri ordinaverimus; et ibidem, cum Prælatis, Magnatibus, et Proceribus dicti Regni Nostri Colloquium habere et Tractatum; quod quidem Parliamentum Nostrum abinde, per separales Prorogationes et Adjournationes, usque ad et in Decimum Quintum Diem Novembris ult. præterit. ulterius prorogatum et adjournatum fuerat, et modo tentum est, apud Civitatem Nostram præd.: Vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate, et Periculis imminentibus, cessante Excusatione quancunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus prædictis, super dictis Negotiis tractatur. vestrumque Consilium impensur.; et hoc sicut Nos et Honorem Nostrum ac Salvationem et Defensionem Regni et Ecclesiæ prædict. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.
"Teste Meipsa, apud Westm. Vicesimo Die Februarii, Anno Regni Nostri Octavo.
His Lordship was accordingly placed on the Earls Bench.
Tunbridge to Seven Oaks, Highways, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and amending the Highways leading from Seven Oakes to Wood's Gate and Tunbridge Wells, in the County of Kent."
Ordered, That the Consideration of the said Bill be committed to the Committee of the whole House, on Monday the Sixth Day of March next, at Eleven a Clock.
E. of Peterborrow & al. versus Sir J. Germaine:
After having heard Counsel, the One and Twentieth and Two and Twentieth Days of this Instant February, upon the Petition and Appeal of Charles Earl of Peterborow and Monmouth, John Lord Mordaunt, and Henry Mordaunt, Sons of the said Earl, and Henry Mordaunt and Lewis Mordaunt, Brothers of the said Earl, from an Order made in the Court of Chancery, the One and Twentieth Day of April in the Seventh Year of Her now Majesty's Reign, and another the Eighteenth Day of November last, on the Behalf of Sir John Germain Knight and Baronet; praying, "That the said Order may be set aside; and that the Plea of the said Sir John Germain, put in to the Appellant's Bill in Chancery, may be overruled, and the Leases in the Petition mentioned restored to the Possession of the said Earl and others Appellants:" As also upon the Answer of the said Sir John Germain put in thereunto: The House ordered, to hear One Counsel on either Side this Day, upon this Point only, "Whether the Matter of the Respondent's Plea allowed by the Court of Chancery, and against which Order of Allowance the present Appeal is brought, be, as touching the Fifteen Leases in Question, in Whole or in Part, the same Matter which was in Judgement before the House upon the Earl of Peterborow's former Appeal, heard and judged in this House in One Thousand Seven Hundred and Two:" After hearing whereof, the House being of Opinion it was the same Matter:
It is this Day Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Orders complained of in the said Appeal, as well that on the One and Twentieth Day of April in the Seventh Year of Her now Majesty's Reign, for bringing back the Leases into Court, as that on the Eighteenth Day of November last, for the Allowance of Sir John Germain's and his Lady's Plea in Chancery, shall be, and are hereby, affirmed.
Leighton versus Tilly & al.
Whereas this Day was appointed for considering the Petition of Colonel Baldwin Leighton, complaining of some Delays in the Court of Queen's Bench, in his Cause there depending:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, on Saturday the Fourth Day of March next, this House will take into Consideration the Subject-matters complained of in his Petition; and that all the Lords be summoned to attend.
Causes postponed till after Dr. Sacheverel's Trial.
Ordered, That all the Causes now appointed to be heard shall be put off till after Doctor Sacheverell's Trial; and then to come on in Course, as they now stand.
Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of several Tenements, in Cheek Lane, near West Smithfield (the Estate of James Bridges Esquire); and for purchasing and settling other Estates to the same Uses."
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 Eleventh 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.
E. of Stamford versus Sir J. Robart & al.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause, by Counsel, at the Bar, between Thomas Earl of Stamford and his Lady Appellants, to which Sir John Hobart, an Infant, by his Guardian, and others, are Respondents, on Friday the Tenth Day of March next, at Eleven a Clock in the Forenoon.
E. of Wemyss & al. Bill.
After reading, and considering, the Report of Mr. Justice Dormer and Mr. Baron Lovell, to whom was referred the Petition of David Earl of Wemyss and Mary Countess of Wemyss his Wife, and Anne Robinson Spinster; 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 said Petition.
Hodie 1a vice lecta est Bill, intituled, "An Act to confirm Articles of Partition made between the Earl and Countess of Wemyss of the one Part, and Anne Robinson Spinster of the other Part, of their Estates, in the Counties of Oxon, Northampton, and Kent; and for vesting their respective Moieties in Trustees, to be sold."
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.