House of Lords Journal Volume 20: 29 July 1715

DIE Veneris, 29 Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

L. Vise. Rosse, Leave for a Bill.

After reading, and considering, the Report of the Judges, to whom the petition of Richard Lord Viscount Rosse in the Kingdom of Ireland, and others, was referred; praying Leave to bring in a Bill, for several Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Cock and Shere, concerning the Commitment of the latter, for Non-payment of Costs:

Joseph Cock attending, according to Order, was called in; and the Affidavit of Lydia Treys, presented to the House Yesterday, touching the Behaviour of the said Cock, on account of the Commitment of Jonathan Shere, for Non-payment of Costs awarded by this House on hearing his Appeal, was read.

And the same charging the said Cock with having said, upon that Occasion, "That he had an Interest in the House of Lords:"

He was examined, upon Oath, in relation to this Matter.

And denying he spoke the said Words;

Lancelot Emmet, Deputy to the Gentleman Usher of the Black Rod, who took the said Shere into Custody, was likewise called in, and examined, upon Oath, in relation to the same Matter: Who attested, upon Oath, "He did not hear the said Cock speak such Words."

And then they withdrew.

Black Rod, to inquire how shere is kept.

Ordered, That the said Gentleman Usher inquire into the Manner of the Keeping of the said Jonathan Shere, and also the Condition he is now in; and give this House an Account thereof To-morrow Morning.

Security of Hi-Majesty's Person, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the further Security of His Majesty's Person and Government; and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants; and for extinguishing the Hopes of the pretended Prince of Wales, and his open and secret Abettors."

Ordered, That the said Bill be read a Second Time To-morrow.

Newburgh versus Newburgh.

Whereas this Day was appointed, for hearing the Cause wherein Henry Newburgh Gentleman is Appellant, and Brockhill Newburgh Esquire Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday next, at Eleven a Clock.

Ly. Mohun's Pet. Report concerning:

The Earl of Clarendon reported from the Lords Committees appointed to consider of that Part of the Petition of Elizabeth Lady Mohun, Widow, Relict, and Devisee, of Charles Lord Mohun her late Husband, deceased, (for reviving the Appeal of the said Lord Mohun presented to this House the 11th of February 1711,) which relates to the Proceeding of the Respondents, since the Order of this House of the Tenth of March following, for Stay of Proceedings on the Decrees complained of in the said Appeal, "That their Lordships have considered that Part of the said Petition, complaining that, since the Death of the said Lord Mohun, Peter Minshull and other Respondents to the said Appeal have got into Possession of the Estate decreed to them by the Court of Chancery, though the Title thereto was in Judgement before this House: And thought the said Lady Mohun hath, for recovering the same, obtained Judgement in Ejectment, which, upon a Writ of Error, hath been affirmed by this House; yet the said Respondents, to elude the Benefit thereof, have obtained an Injunction of the said Court, to hinder Execution thereon; and praying such Relief as to the House shall seem meet: That the Committee have also heard Counsel in Maintenance of the aforementioned Allegations in the said Petition, and inspected the Proceedings therein recited, and likewise heard Counsel for the said Respondents; and, finding the said Allegations to be true, are therefore of Opinion, That the Possession of the Estate in Question upon the said Appeal, after the Death of the said Lord Mohun, ought to have remained in the same State or Condition it was in on the 10th of March 1711, being the Time the Order of this House for Stay of Proceedings in the said Court of Chancery was made; and that therefore the said Lady Mohun should be ordered to be put into Possession of the said Estate accordingly."

Which Report, being read by the Clerk, was agreed to by the House. And,

Ly. Mohun to have Possession of the Estate in Question.

Ordered, That Possession of the said Estate in Question be forthwith delivered to the said Lady Mohun.

Mutiny Act, to enforce, Bill.

A Message was brought from the House of Commons, by Mr. Craggs and others:

With a Bill, intituled, "An Act for the better preventing Mutiny and Desertion, by enforcing and making more effectual an Act of this present Parliament, intituled, An Act for the better regulating the Forces to be continued in His Majesty's Service, and for the Payment of the said Forces and their Quarters;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sir W. Countenay's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain Manors and Lands, in the Counties of Devon and Kent, the Estate of Sir William Courtenay Baronet, in Trustees, and their Heirs, to be sold; and, with the Monies arising thereby, to purchase other Lands, in the County of Devon, contiguous to the Seat of the Family, to be settled to the same Uses."

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

It was Resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Lovibond:

To carry down the said Bill, and desire their Concurrence thereunto.

Mutiny, Act, to enforce, Bill.

Ordered, That, for the Safety of His Majesty's Person and Government, this House will proceed further this Day on the Bill, intituled, "An Act for the better preventing Mutiny and Desertion, by enforcing and making more effectual an Act of this present Parliament, intituled, An Act for the better regulating the Forces to be continued in His Majesty's Service, and for the Payment of the said Forces and their Quarters."

The said Bill was accordingly read a Second Time, and committed to a Committee of the whole House Tomorrow.

Lee's Bill.

The Earl of Clarendon reported from the Committee, to whom the Bill, intituled, "An Act to enable Richard Lee, an Insant, with the Consent of Trustees, to grant Leases of some Part of his Estate, notwithstanding his Minority," was committed: "That they had considered thereof; that, the Parties concerned had given their Consents; and that the Committee had made some Amendments to the Bill."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Tench & al. Leave for a Bill, for Sale of the Manor of Low Leighton.

After reading, and considering, the Report of the Judges, to whom the Petition of John Cook Mayor, and Six Senior Aldermen, of the City of Lincoln, and Fisher Tench Esquire, was referred; praying Leave to bring in a Bill, for several Purposes in the Petition mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Report.

Abuses in Elections, to prevent, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more effectual preventing the Abuses of Sheriffs and other Returning Officers, in not returning the Writs of Summons in due Time; and for preventing Bribery and Corruption in the Elections of Members to serve in Parliament."

Ordered, That the said Bill be read a Second Time on Wednesday next; and all the Lords summoned.

Watts to attend, concerning the E of Abington's Privilege:

Ordered, That William Watts to attend the Lords Committees for Privileges, to whom the Examination. of the Complaint of a Breach of the Earl of Abingdon's Privilege is referred, in order to be examined, on Behalf of Richard Vernon Esquire, touching the said Complaint.

Message to H.C. for Mr. Vernon to attend the Committee about it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Lovibond:

To acquaint them, that the Lords do desire, that they will give Leave that Thomas Vernon, of Twickenham Park, Esquire, a Member of their House, may come to the Lords Committees for Privileges, to whom the Complaint of a Breach of the Earl of Abingdon's Privilege is referred; in order to be examined by the said Committee, touching the Matter of the said Complaint.

Waggoners, &c. Bill.

The Earl of Clarendon reported from the Committee, to whom the Bill, intituled, "An Act to restrain all Waggoners, Carriers, and others, from drawing any Carraige with more than Five Horses in Length," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, tricesimum diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.