House of Lords Journal Volume 19: 2 March 1711

DIE Veneris, 2 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Rolfe's Pet. referred to Judges.

Upon reading the Petition of Jonas Rolfe, of King's Lynn, in the County of Norfolk, Gentleman, and Lucy his Wife; praying Leave to bring in a Bill, for the vesting and settling the Premises in the Petition mentioned in Trustees, to be sold, for the Purposes therein expressed; and that the Overplus-money arising by such Sale may be disposed in purchasing other Lands and Tenements, to the full Value thereof, to be settled to the same Uses as the Manors and Premises and the other Part of the Petitioner Lucy's Jointure are and stand settled:

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 the Court of Exchequer and Mr. Justice Tracy; 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.

Baker & al. versus Austin & al.:

After hearing Counsel, upon the Petition and Appeal of Michael Baker, Richard Phillips, Nicholas Goodwin, Richard Mapletoft, Elizabeth and Jeffery Goodchild, William Smith, John Barnès, and Elizabeth Edwards Widow, Creditors of his Grace George late Duke of Bucks, deceased, from several Decrees, Orders, Reports, and Proceedings, of the High Court of Chancery, in the Petition mentioned, whereby the Executors of William Cherry Esquire, and Robert Brown Executor of Elizabeth Brown, and Administrator de Bonis non of Thomas Brown Gentleman, deceased, have not only a Preference given them for Satisfaction of their Debts, but are also allowed Interest upon Interest for the same, to the Amount of about Twelve Thousand Five Hundred Pounds, and mentioned in the Report of John Hiccocks Esquire, One of the Masters of the Court of Chancery, bearing Date the Third Day of July One Thousand Seven Hundred and Eight, and made in certain Causes, wherein the Executors of the said William Cherry, and the Executor of the said Elizabeth Brown, deceased, and the Administrator de Bonis non of Thomas Brown deceased, were Plaintiffs, and John Earl of Buckingham and Thomas Lord Bishop of Rochester were Defendants; and wherein John late Lord Bishop of Chichester and Sarah his Wife, Administratrix of Francis Jenks, were Plaintiffs, and the said Thomas Lord Bishop of Rochester and others were Defendants; and from the Decree, or Decretal Order, made the Twenty-eighth of October One Thousand Seven Hundred and Nine, in the said Causes, upon the Debate of the said Mr. Hiccocks' Report; and praying, "That such Part of the said Decrees, Orders, Reports, and Proceedings, mentioned in the said Mr. Hiccocks' Report, the Third Day of July One Thousand Seven Hundred and Eight, by which Interest upon Interest is stated or allowed to the said Cherry and Brown; or their Representatives, to the Prejudice of the Petitioners, and also the said Order made the Twentyeighth Day of October One Thousand Seven Hundred and Nine, upon hearing the Matters of the said Reports of the Third of July One Thousand Seven Hundred and Eight, and the Tenth Day of June One Thousand Seven Hundred and Nine; and that the said Decrees, Orders, Reports, and Proceedings, may be rectified in the Matters aforesaid, and the Petitioners relieved in the Premises:" As also upon the Answer of Charles Austin, surviving Executor of William Cherry Esquire deceased, and Robert Brown, Executor of Elizabeth Brown Widow deceased, and Administrator de Bonis non of Thomas Brown deceased, put in to the said Appeal; and also Counsel for the Right Honourable Thomas Earl of Pembroke and Montgomery, Mary the Wife of Nicholas Lepell Esquire, Thomas Brown Esquire, and the Right Honourable Gervas Lord Pierrepont, Baron of Arglass in the Kingdom of Ireland, John Burgh Gentleman, James Boardman Gentleman, and Sir Gabriel Roberts; and due Consideration of what was offered thereupon:

Judgement affirmed.

It is this Day Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Michael Baker, Richard Phillips, Nicholas Goodwin, Richard Mapletost, Elizabeth and Jeffery Goodchild, William Smith, John Barns, and Elizabeth Edwards Widow, Creditors of the late Duke of Bucks, shall be, and is hereby, dismissed this House; and that the Decrees, Orders, Reports, and Proceedings, complained of, or desired to be rectified in the said Appeal, shall be, and they are hereby, affirmed.

Robinson's Pet. referred to Judges.

Upon reading the Petition of Susanna Robinson, Wife of Sir Henry Robinson a Lunatic, and John Robinson Esquire, Son and Heir Apparent, and Susanna Robinson, Daughter of the said Sir Henry, by the Petitioner Dame Susanna; praying Leave to bring in a Bill, for settling his Estate in Cransley, in the County of North'ton, in Trustees, in such Manner as that they, upon the Marriage of the Petitioner John, may be enabled to make such Settlement as shall be proper, so as Care be taken for a Provision for the said Dame Susanna and the said Sir Henry (the Lunatic), during their Lives; and for securing the Payment of the Petitioner Susanna's Portion, and such other Monies as are charged on the Premises; which, by reason of the said Sir Henry's Lunacy, cannot be effected without the Authority of Parliament:

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 Powell and Mr. Justice Tracy; 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.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for ratifying several Purchases lately made with the Public Stock of the County of Devon; and for making further Purchases, for the Use of the said County, with the Public Stock thereof; and also for regulating and better Employment of the Public Stock of the said County;" to which they desire the Concurrence of this House.

Hardres' Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Hardres Esquire and Anne his Wife to sell certain Lands, in the County of Kent; and for settling of others to the Uses therein mentioned."

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

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

Ford to be heard to Isaack's Bill.

Upon reading the Petition of Thomas Ford, of the City of Exon, Gentleman, surviving Trustee appointed by the Will of Thomas Sampson of the said City, Woollen-draper, late deceased, for John Sampson, an Infant, on Behalf of the said Infant; praying to be heard, by his Counsel, to the Bill, intituled, "An Act for the Sale of the Barton and Farm of Pollesloe, in the County of Devon, late the Estate of Sebastian Isaack Esquire, deceased, for discharging Incumbrances thereupon, and for Distribution of the Surplus-money; and that Provision may be made for Payment of a Mortgage due to the said Infant, before the Bill do pass:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, by his Counsel, before the Lords Committees to whom the said Bill stands committed, To-morrow, at Ten a Clock in the Forenoon.

Duke of Ormond's Title as Lord Dingwell in Scotland.

The House being informed, "That his Grace James Duke of Ormonde hath the Title of Lord Dingwell, in the North Part of Great Britain called Scotland, and therefore ought to be placed in the List of the Nobility of that Kingdom immediately after the Lord Madderley:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, to consider thereof, and report their Opinion thereupon to the House.

Whose Lordships are to meet on Monday next, at Ten a Clock, in the House of Peers.

Wood, alias Webb, Leave for a Bill.

After reading, and considering, the Report of the Lord Chief Baron of the Court of Exchequer and Mr. Justice Tracy, to whom was referred the Petition of Henry Wood, alias Webb; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Sir Richard Allin's Bill.

The Lord Delawar reported from the Lords Committees, to whom was referred the Bill, intituled, "An Act for the Sale of Part of the Estate of Sir Richard Allin, alias Anguish, Baronet, in the Counties of Suffolk and Norfolk, for Payment of his Debts, and settling the Remainder according to his Marriage Articles: That they had considered the same; and think it fit to pass, with several Amendments."

Which, being read Twice, were agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Pooler's Bill.

The Earl of Clarendon reported from the Lords Committees, to whom was referred the Bill, intituled, "An Act for Sale of the Estate of Humphry Pooler, in the Parish of Hartlebury, in the County of Worcester: That they had considered the same; and think it fit to pass, with One Amendment."

Which was read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendment.

Book, intituled, "Political State of Great Britain, containing Parliamentary Proceedings," to be considered:

The House being informed, "That, contrary to a Standing Order of this House, there is a Book printed, intituled, "The Political State of Great Britain; containing an Impartial Account of the most Important and Remarkable Transactions, Changes in the Ministry, and Proceedings in Parliament and Convocation, &c."

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That on Monday next, at One a Clock, this House will take the said Book into Consideration.

Baker to attend.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That J. Baker, at The Black Boy, in Pater-Noster-Row, for whom the said Book is said to be printed, do attend this House on Monday next, at One a Clock.

Standing Orders, to be read.

Ordered, That on Wednesday next, at Twelve a Clock, the Roll of Standing Orders of this House shall be read.

Adjourn.

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