House of Lords Journal Volume 19
13 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: 13 January 1710', Journal of the House of Lords: volume 19: 1709-1714 (1767-1830), pp. 34-35. URL: http://www.british-history.ac.uk/report.aspx?compid=29797 Date accessed: 22 October 2014.


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DIE Veneris, 13 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunel. & D. Crewe.
Epus. Winton.
Epus. Lich. & Cov.
Epus. Cestr.
Epus. Norwic.
Epus. Asaph.
Epus. Cicestr.
Ds. Cancellarius.
Comes Godolphin, Thesaurarius.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Ormonde.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.
Dux Bedford.
Dux Marlborough.
Dux Buckingham & Normanby.
Dux Hamilton.
Dux Montrose.
March. Kent, Camerarius.
March. Dorchester.
Comes Lincolne.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Westmorland.
Comes Manchester.
Comes Stamford.
Comes Winchilsea.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Sussex.
Comes Yarmouth.
Comes Rochester.
Comes Plimouth.
Comes Scarbrough.
Comes Jersey.
Comes Cholmondeley.
Comes Loudoun.
Comes Leven.
Comes Orkney.
Comes Seafield.
Comes Roseberie.
Comes Glasgow.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Mohun.
Ds. Byron.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Guilford.
Ds. Weston.
Ds. Hervey.
Ds. Pelham.

PRAYERS.

Tremayne's Petition referred to Judges.

Upon reading the Petition of Arthur Tremayne Esquire, an Insant, and Lancelot Blackburne Dean of Exeter, Josias Calmady Esquire, and Anne Tremayne Widow, Three of the Infant's Guardians; praying, "That Leave may be given to bring in a Bill, for impowering the Trustees or Guardians of the said Infants, or the Survivor of them, to make, renew, and fill up Leases, in the Manors, Lands, and Hereditaments, to which he shall be entitled during his Minority, according to the Directions and Restrictions of his Father's Will and Codicil:"

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 Justice of Her Majesty's Court of Common Pleas and the Lord Chief Baron of Her Majesty's Court of Exchequer; 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.

Kirton versus Horton.

Upon reading the Petition of Anthony Kirton and John Kirton, Respondents to the Petition and Appeal of Anne Horton Widow, Joshua Horton Senior, and Joshua Horton Junior, and others; praying, "That a short Day may be appointed for hearing the said Appeal:"

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 Saturday the One and Twentieth Day of this Instant January, at Eleven a Clock in the Forenoon.

Ld. Oliphant's Recognizances vacated.

Whereas, by Order Yesterday, Patrick Lord Oliphant was to appear this Day, having entered into a Recognizance with Sureties for that Purpose; and the House being informed, "That he had given Security for the Peace, before Francis Negus, Richard Bealing, and Peter Lavigne;" and reading their Certificate thereof:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Recognizances entered into by the Lord Oliphant, with Sureties, the Eleventh Instant, for his Appearance de Die in Diem in this House, until further Order, shall be, and are hereby, vacated and set aside.

Doctor Sacheverel to be admitted to Bail.

Upon reading the Petition of Henry Sacheverell, Doctor in Divinity; shewing, "That he stands impeached before this House, for high Crimes and Misdemeanors; and has been for a Month past in Custody, to the Prejudice of his Health; and praying, that he may be admitted to Bail, in order to make his Defence:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Doctor Henry Sacheverell shall be admitted to Bail, by entering into Recognizance of Six Thousand Pounds for himself, and also with Two Sureties in Three Thousand Pounds each: And it is further Ordered, That the Lords Committees, appointed to consider of the Impeachment of Doctor Sacheverell, do meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings, to consider of the Sufficiency of the Bail offered by Doctor Sacheverell in his Petition; and report their Opinion thereupon to this House.

Amory versus Luttrell.

Upon reading the Petition of Colonel Henry Luttrell; shewing, "That Thomas Amory, in December last, appealed to this House, from a Decree and several subsequent Orders made in the Exchequer, in Ireland, wherein the said Thomas Amory was Complainant, and the Petitioner and others Defendants; to which the Petitioner is ordered to answer the Sixteenth Instant; and the Petitioner conceiving that he ought also to appeal from the said Decree, and intending so to do, but, being very ill of the Gout, is unable to travel, as by an Affidavit annexed appears; and being desirous that both Causes should be heard in March next; therefore he humbly prays Leave to bring in his Appeal before the Second Day of the next Month, and "Time for answering the said Amory's Appeal, till the last Day of next Month:" As also upon reading the Petition of Thomas Amory; shewing, "That the Particulars desired in the Petition of Henry Luttrell will prevent the Hearing of the said Appeal this Session; he therefore humbly prays, that his Cause may be forthwith heard before your Lordships:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Luttrell shall be, and he is hereby, required peremptorily to put in his Answer to the Appeal of Thomas Amory, on or before Monday the Three and Twentieth Day of this Instant January.

Bettesworth's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Peter Bettesworth Esquire, and the Trustees in his Marriage Settlement, to sell certain Lands and Hereditaments, in the Counties of Southampton and Sussex, for Payment of his Debts; and to settle another Estate of greater Yearly Value, for the better Provision for his Family."

Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Comes Godolphin, Thesaurarius.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Ormond.
Dux Bolton.
Dux Bedford.
Dux Buckingham & Nor.
Dux Hamilton.
Dux Montrose.
March. Kent, Camerarius.
March. Dorchester.
Comes Lincoln.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Westmorland.
Comes Manchester.
Comes Stamford.
Comes Winchilsea.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Yarmouth.
Comes Rochester.
Comes Plimouth.
Comes Scarbrough.
Comes Jersey.
Comes Greenwich.
Comes Wharton.
Comes Cholmondeley.
Comes Loudoun.
Comes Leven.
Comes Roseberie.
Comes Glasgow.
Epus. Dunel.
Epus. Winton.
Epus. Lich. & Cov.
Epus. Cestr.
Epus. Norwic.
Epus. Asaphen.
Ds. Delawarr.
Ds. Berkeley.
Ds. Hunsdon.
Ds. Mohun.
Ds. Leigh.
Ds. Byron.
Ds. Rockingham.
Ds. Cornwallis.
Ds. Guilford.
Ds. Weston.
Ds. Hervey.
Ds. Pelham.

Their Lordships, or any Five of them; to meet on Saturday the Eight and Twentieth Day of this Instant January, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Southwell, Leave for a Bill.

After reading, and considering, the Report of Mr. Justice Powys and Mr. Justice Tracy, to whom was referred the Petition of Edward Southwell Esquire, on Behalf of himself, and of Edward and Rob't his only surviving Children by the Lady Elizabeth his Wife, deceased; 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 Petitioner hath hereby Leave given to bring in a Bill, according to the Prayer of the said Petition.

Stoughton's Petition referred to Judges.

Upon reading the Petition of Henry Stoughton and Sarah his Wife, and Anthony Stoughton, his Eldest Son and Heir Apparent, by the said Henry his Guardian; praying Leave to bring in a Bill, to enable the Petitioners to raise Money upon their Estate, in the County of Kerry, in the Kingdom of Ireland, for discharging Incumbrances thereupon, it being apparently for the Advantage of the Minor:

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 Mr. Justice Powys and Mr. Justice Blencowe; 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.

Southwell's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to make several Trusts, in the Marriage Settlements of Edward Southwell, Esquire, and the Lady Elizabeth his late Wife, more effectual, to answer the Intent of them; and to explain several Powers therein."

Adjourn.

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