House of Lords Journal Volume 19
5 May 1713

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 19: 5 May 1713', Journal of the House of Lords: volume 19: 1709-1714 (1767-1830), pp. 528-530. URL: http://www.british-history.ac.uk/report.aspx?compid=30118 Date accessed: 25 July 2014.


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DIE Martis, 5 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Dunelm. & Ds. Crew.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Eliens.
Epus. Petriburg.
Epus. Carliol.
Epus. Landaven.
Epus. Cestrien.
Epus. Norwic.
Epus. Cicestr.
Epus. Hereford.
Epus. Meneven.
Ds. Harcourt, Cancellarius.
Comes Oxon. & Mortimer, Thesaurarius.
Dux Bucks & Nor. Præses.
Dux Graston.
Dux Ormonde.
Dux Beaufort.
Dux Northumberland.
Dux Bolton.
Dux Leeds.
Dux Rutland.
Dux Montagu.
Dux Kent.
March. Dorchester.
Comes Poulet, Senescallus.
Comes Derby.
Comes Pembroke.
Comes Lincoln.
Comes Salisbury.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Berks.
Comes Peterborow.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Anglesey.
Comes Sussex.
Comes Radnor.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Gainsborough.
Comes Plimouth.
Comes Portland.
Comes Scarbrough.
Comes Coventry.
Comes Orford.
Comes Greenwich.
Comes Wharton.
Comes Cholmondeley.
Comes Mar.
Comes Eglintoun.
Comes Linlithgow.
Comes Home.
Comes Kinnoull.
Comes Loudoun.
Comes Findlater.
Comes Northesk.
Comes Orkney.
Comes Roseberie.
Comes Ferrers.
Comes Dartmouth.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Weymouth.
Viscount Hatton.
Viscount Longueville.
Viscount Lonsdale.
Viscount Kilsyth.
Viscount Bolingbroke.
Ds. Delawar.
Ds. Fitzwalter.
Ds. Willughby Br.
Ds. Paget.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Howard Escr.
Ds. Bruce.
Ds. Rockingham.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Osborne.
Ds. Carteret.
Ds. Ossulstone.
Ds. Stawell.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Barnard.
Ds. Halifax.
Ds. Gernsey.
Ds. Cowper.
Ds. Balmerino.
Ds. Blantyre.
Ds. Hay.
Ds. Montjoie.
Ds. Mansel.
Ds. Middleton.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.

PRAYERS.

E. of Salisbury's Pet. referred to Judges.

Upon reading the Petition of James Earl of Salisbury, Sir William Bowyer Baronet, and Ebenezer Sadler; praying Leave to bring in a Bill, for the more effectual vesting the Parks, and Rectory, and Manor of the Rectory, of Brig stock, in the County of North'ton, and the Manor of Rushton, in the County of Dorset, in Trustees, upon the Trusts, and for the Purposes, in the Petition mentioned:

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 Baron of Her Majesty's Court of Exchequer and Mr. Justice Powys; who are forthwith to summon all Parties concerned therein; 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.

Shere versus Cock.

Upon reading the Petition and Appeal of Jonathan Shere Gentleman, from a Decree made in the Court of Chancery, in Michaelmas Term One Thousand Seven Hundred and Eleven, and other Proceedings of the said Court, on the Behalf of Joseph Cock; praying, "That the said Proceedings and Decree may be reversed, and the Petitioner relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Joseph Cock may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Nineteenth Day of this Instant May, at Eleven a Clock.

Parry to change his Name to Symes, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Symes Parry to change his Name of Parry to Symes, according to the Will of John Symes Esquire, deceased."

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

Dux Beaufort.
Dux Bolton.
Dux Kent.
March. Dorchester.
Comes Lincoln.
Comes Northampton.
Comes Sunderland.
Comes Clarendon.
Comes Anglesey.
Comes Yarmouth.
Comes Nottingham.
Comes Abingdon.
Comes Coventry.
Comes Greenwich.
Comes Cholmondeley.
Comes Mar.
Comes Home.
Comes Linlithgow.
Comes Loudoun.
Comes Ferrers.
Viscount Say & Seale.
Viscount Townshend.
Viscount Longueville.
Viscount Kilsyth.
Epus. Petriburg.
Epus. Carliol.
Epus. Landaven.
Epus. Cestrien.
Epus. Norwicen.
Epus. Hereford.
Epus. Meneven.
Ds. Delawar.
Ds. Paget.
Ds. Howard Escr.
Ds. Cornwallis.
Ds. Osborne.
Ds. Carteret.
Ds. Guilford.
Ds. Herbert.
Ds. Sommers.
Ds. Gernsey.
Ds. Cowper.
Ds. Blantyre.
Ds. Hay.
Ds. Mansel.
Ds. Masham.
Ds. Foley.

Their Lordships, or any Five of them; to meet on Wednesday the Twentieth Day of this Instant May, 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 Coventry, Leave for a Bill.

After reading, and considering, the Report of Mr. Justice Eyre, permitted alone to report the State of the Case, upon the Petition of Gilbert Earl of Coventry; praying Leave to bring in a Bill, for raising a Maintenance and Portion for his Daughter; referred the 16th of April last to the said Mr. Justice Eyre, as also to Mr. Baron Lovell, deceased since the Matter was heard before them:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Stewart versus Harkness.

Upon reading the Petition and Appeal of Walter Stewart, from a Decree of the Court of Chancery, the Twenty-eighth of February last, in a Cause wherein John Harkness was Plaintiff, and the Petitioner and Thomas Pillans and Cornelius Denn were Defendants, made on the Behalf of the said John Harkness; praying, "That the said Decree may be reversed and set aside; and that the Petitioner may have such other Relief as to this House shall seem meet:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Harkness may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Nineteenth Day of this Instant May, at Eleven a Clock.

Pillans versus Harkness.

Also, upon reading the Petition and Appeal of Thomas Pillans, from a Decree of the Court of Chancery, in a Cause there depending, between John Harkness Plaintiff, against Walter Stewart and the Petitioner and Cornelius Denn Defendants, made the Twenty-eighth Day of February last, on the Behalf of the said John Harkness; praying, "That the said Decree may be reversed and set aside; and that the Petitioner may have such other Relief as to this House shall seem meet:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Harkness may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Nineteenth Day of this Instant May, at Eleven a Clock.

Commissioners Accompt, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act to revive and continue the Act for taking, examining, and stating, the Public Accompts of the Kingdom; and also to continue the Act for appointing Commissioners, to take, examine, and determine, the Debts due to the Army, Transport Service, and Sick and Wounded."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

And, after some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Hodie 3a vice lecta est Billa, intituled, "An Act to revive and continue the Act for taking, examining, and stating, the Public Accompts of the Kingdom; and also to continue the Act for appointing Commissioners, to take, examine, and determine, the Debts due to the Army, Transport Service, and Sick and Wounded."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Orlebar and Mr. Dormer:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Message from thence, with a Bill.

A Message was brought from the House of Commons, by Sir William Windham and others:

With a Bill, intituled, "An Act for confirming several Grants in Fee-farm, made by Henry Earl of Thomond, by virtue of, or since the passing, a former Act of Parliament; and for giving some Ease and Relief to the Purchasers under or since the said former Act;" to which they desire the Concurrence of this House.

E. of Thomond's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for confirming several Grants in Fee-farm, made by Henry Earl of Thomond, by virtue of, or since the passing, a former Act of Parliament; and for giving some Ease and Relief to the Purchasers under or since the said former Act."

Upon the First Reading of the said Bill:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration thereof shall be, and is hereby, referred to Mr. Justice Blencow and Mr. Justice Tracy; who are forthwith to summon all Parties concerned therein; and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Excommunications, too frequent, to prevent, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to prevent the too frequent Denunciation of Excommunication, in the Exercise of Ecclesiastical Jurisdiction."

Ordered, That the said Bill be read a Second Time on this Day Sevennight, at Twelve a Clock; and all the Lords to be summoned; and that the Judges have Copies of the said Bill, and do then attend this House.

L. Kingston & al. versus Marquis of Dorchester.

Upon reading the Petition and Appeal of the Right Honourable William Pierrepoint Esquire (commonly called Lord Kingston) and the Lady Rachel his Wife, and Evelyn Pierrepoint Esquire (commonly called Lord Newark) Son and Heir Apparent of the said William Pierrepoint, all of them Infants, by the Right Honourable William Lord Cheney Viscount Newhaven their Guardian, Three of the Defendants, at the Suit of the Right Noble Evelyn Lord Marquis of Dorchester Complainant, from a Decree of the Court of Chancery, pronounced and made the Twenty-third Day of May One Thousand Seven Hundred and Twelve, on the Behalf of the said Lord Marquis; praying, "That the said Decree may be reversed, and the Petitioners relieved, according to Justice:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Marquis of Dorchester, Denzill Onslow, Edward Lisle, Francis Goddard, Esquires, and Sir Robert Eyre One of the Justices of the Court of Queen's Bench, may have a Copy of the said Appeal; and put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Twelfth Day of this Instant May, at Eleven a Clock.

Adjourn.

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