House of Lords Journal Volume 19
11 January 1710

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 19: 11 January 1710', Journal of the House of Lords: volume 19: 1709-1714 (1767-1830), pp. 30-31. URL: http://www.british-history.ac.uk/report.aspx?compid=29795 Date accessed: 22 September 2014.


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DIE Mercurii, 11 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunel. & D. Crewe.
Epus. Petriburg.
Epus. Cestr.
Epus. Norwic.
Epus. Asaph.
Epus. Cicestr.
Ds. Cancellarius.
Comes Godolphin, Thesaurarius.
Ds. Sommers, Præses.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Grafton.
Dux Bolton.
Dux Marlborough.
Dux Buckingham & Normanby.
Dux Hamilton.
Dux Montrose.
Dux Roxburghe.
Dux Dover.
March. Kent, Camerarius.
March. Dorchester.
Comes Lincoln.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Manchester.
Comes Berkshire.
Comes Rivers.
Comes Stamford.
Comes Winchilsea.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Sussex.
Comes Yarmouth.
Comes Rochester.
Comes Scarbrough.
Comes Grantham.
Comes Greenwich.
Comes Wharton.
Comes Cholmondeley.
Comes Mar.
Comes Loudoun.
Comes Wemyss.
Comes Leven.
Comes Orkney.
Comes Seafield.
Comes Roseberie.
Comes I'lay.
Ds. Delawarr.
Ds. Mohun.
Ds. Rockingham.
Ds. Cornwallis.
Ds. Craven.
Ds. Dartmouth.
Ds. Guilford.
Ds. Lempster.
Ds. Halifax.
Ds. Hervey.

PRAYERS.

Hayward's Bill.

The Lord Mohun reported from the Committee of the whole House, the Bill, intituled, "An Act for making effectual the Provisions intended by William Hayward, late of Quedgley, in the County of Gloucester, Esquire, deceased, for Payment of his Debts, and providing Portions for his Younger Children," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

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

Bettesworth, Leave for a Bill.

After reading and considering the Report of Mr. Baron Price and Mr. Justice Dormer, to whom was referred the Petition of Peter Bettesworth Esquire and others; 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 given to bring in a Bill, according to the Prayer of their Petition.

Ld. Oliphant, Privilege;

Complaint being made to this House, "That Patrick Lord Oliphant, a Peer of Great Britain, stands committed to the Prison of The Gatehouse, by a Warrant of Three Justices of the Peace, contrary to Privilege:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Keeper of The Gatehouse at Westm'r do forthwith attend this House, and bring with him the Lord Oliphant, now in his Custody; and this shall be a sufficient Warrant on that Behalf.

To Captain Taylor, Keeper of The Gatehouse Prison, his Deputy or Deputies, and every of them.

attends with the Keeper of The Gatehouse, where he was committed, for refusing to give Bail for a Breach of the Peace:

The House being informed, "That the Lord Oliphant, with the Keeper of The Gatehouse, were at the Door;" his Lordship was called in, and, at the Table, acquainted by the Lord Chancellor, "That the Occasion of his being sent for, was in relation to a Breach of the Peace, and refusing to give Bail, and therefore committed to Prison; from which the Lords thought fit (he being a Peer of Great Britain) to discharge him; but that his Lordship must give Security for his Appearance, until the Matter be further inquired into."

Ld. Oliphant's Bail:

Then the Lord Oliphant, with Sureties, entered into the several Recognizances following; (videlicet,)

"Patricius Dominus Oliphant recognovit se debere Dominæ Reginæ Mille Libras, Levari ex Bonis et Catallis, Terris et Tenementis suis, ad Usum dictæ Dominæ Reginæ.

"Upon Condition, That if the said Patrick Lord Oliphant shall appear Personally before the Lords in Parliament, from Day to Day, until the further Order of this House, then this Recognizance to be void, and of none Effect; or else to remain in full Force and Virtue."

"Jacobus Dux Hamilton recognovit se debere Dominæ Reginæ Quingent. Libras, levari ex Bonis, Catallis, Terris, et Tenementis suis, ad Usum dictæ Dominæ Reginæ.

"Georgius Comes Orkney recognovit se debere Dominæ Reginæ Quingent. Libras, levari ex Bonis, Catallis, Terris, et Tenementis suis, ad Usum dictæ Dominæ Reginæ.

"Upon Condition, That if the said Patrick Lord Oliphant shall appear Personally before the Lords in Parliament, from Day to Day, until the further Order of this House, then their Recognizances to be void, and of none Effect; or else to remain in full Force and Virtue."

Order for discharging him out of The Gatehouse:

Whereas Patrick Lord Oliphant hath appeared before this House, and entered into a Recognizance, with Sureties for his Lordship's appearing Personally before the Lords in Parliament, from Day to Day, until the further Order of this House:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Patrick Lord Oliphant shall be, and he is hereby, discharged from the Imprisonment he lay under in the Prison of The Gutehouse, and this shall be a sufficient Warrant on that Behalf.

To Captain Taylor, Keeper of the Prison of The Gatehouse, in Westm'r, his Deputy or Deputies, and every of them.

Justices who committed him, to attend.

Complaint being made, "That the Lord Oliphant, a Peer of Great Britain, stands committed to the Prison of The Gatehouse, in Westm'r, by Warrant signed by Francis Negus, Richard Bealing, and Peter Lavigne, Three of Her Majesty's Justices of the Peace, for a Breach of the Peace:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Francis Negus, Richard Bealing, and Peter Lavigne, do attend this House To-morrow, at Eleven a Clock, and bring with them the Informations or Examinations taken, as the Grounds for the Commitment of the Lord Oliphant.

Adjourn.

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