House of Lords Journal Volume 19: 26 January 1711

DIE Veneris, 26 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Carlisle takes the Oaths.

This Day Charles Earl of Carlisle took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Lady Clarges Petition referred to Judges.

Upon reading the Petition of Dame Elizabeth Clarges, Widow and Executrix of Sir Walter Clarges Baronet, deceased, in her own Right, and in Behalf of her Son Robert Clarges, and all other her Sons by the said Sir Walter (Insants) and of Anthony Hamond Esquire and Jane his Wife, claiming under the Will of Sir Thomas Clarges Knight, deceased; shewing, "That Sir William Pulteney, being seised in Fee of a Piece of Ground, Parcel of Stonebridge Field, adjoining to Piccadilly, in the County of Midd'x, and containing about One Hundred and Fifty Feet in Front, and about Four Hundred Feet in Depth, did, on the Thirtieth of September One Thousand Six Hundred and Seventy, sell the same to Sir Richard Powell and his Heirs, reserving Twenty Pounds per Annum Rent to him and his Heirs; that Sir Richard Powell sold the same to Sir Thomas Clarges and his Heirs, charged as aforesaid; and Sir Thomas Clarges sold the same to Thomas Neale Esquire, late Master of the Mint, and his Heirs, chargeable with One Hundred Pounds per Annum Rent to him in Fee; that Neale became indebted to the Crown, by reason of Losses in the Country Mints, in the Sum of Five Thousand Pounds and upwards; for Payment whereof, the said Piece of Ground and Six Shares (the Whole into Thirty-six to be divided) in certain Water-works, in St. Paul's Shadwell, in the County of Midd'x, of which Neale died possessed, have been lately extended, and seized into Her Majesty's Hands; which Rent of One Hundred Pounds is now above Sixteen Hundred Pounds in Arrear, which the said Lady Clarges is willing to remit, provided the said Rent might be secured for the future; and praying Leave to bring in a Bill, for vesting as well the Six Shares in the said Water-works, as the said Piece of Ground in Trustees, with Power, in respect of the said Piece of Ground, to sell or lease the same; and, with the Rents and Profits thereof, in the First Place, to secure the reserved Rent of Twenty Pounds to the Heirs of Sir William Pulteney; and, in the next Place, Eighty Pounds per Annum Rent to the said Robert Clarges and those in Remainder after him, according to Sir Thomas Clarges' Will; and the Remainder of the Profits, towards satisfying the said Debt to Her Majesty; and with Power, as to the Six Shares, to sell or otherwise dispose the same to the best Advantage; and the whole Monies arising by the said Shares in the further Discharge of the Debt to the Crown:"

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. Baron Price and Mr. Baron Lovell; 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.

Recognizanees on Appeals in Eight Days.

Whereas, by Order of the Twentieth of November One Thousand Six Hundred and Eighty, it is directed, "That in all Cases upon Appeals to be brought into this House, from the Courts in Westminster Hall, the Party or Parties Appellants shall, before any Answer to his or their Petition, give Security to the Clerk of the Parliaments, by Recognizance to be entered into to His Majesty in One Hundred Pounds, to pay such Costs, to the Defendant or Defendants in such Appeals, as this Court shall appoint, in case the Decree or Judgement appealed from shall be affirmed by this Court:"

It is this Day Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That in all Cases of Appeals to be brought into this House, from the Courts in Westm'r Hall, North Britain, or Ireland, the Party or Parties Appellants shall, within Eight Days after such Appeal received, give Security to the Clerk of the Parliaments, by Recognizance to be entered into to Her Majesty, of the Penalty of One Hundred Pounds, conditioned, to pay such Costs, to the Defendant or Defendants in such Appeals, as this Court shall appoint, in case the Decree or Judgement appealed from shall be affirmed; and if the Appellant or Appellants shall neglect or refuse to give such Security within the Time aforesaid, that then the Clerk of the Parliaments shall inform the House thereof; and the Appeal from thenceforth to be dismissed.

State of the War in Spain.

Ordered, That on Monday next, at Twelve a Clock, this House shall be put into a Committee again, to take into further Consideration the present State of the War in Spain; and all the Lords summoned to attend.

Causes removed.

Ordered, That all the Causes be removed, to come on in Course.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum septimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.