House of Lords Journal Volume 19
17 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: 17 January 1710', Journal of the House of Lords: volume 19: 1709-1714 (1767-1830), pp. 38-39. URL: http://british-history.ac.uk/report.aspx?compid=29800 Date accessed: 20 October 2014.


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DIE Martis, 17 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Sarum.
Epus. Lincoln.
Epus. Norwic.
Epus. Cicestr.
Ds. Cancellarius.
Comes Godolphin, Thesaurarius.
Ds. Sommers, Præses.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Grafton.
Dux Ormonde.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Schonburgh.
Dux Leeds.
Dux Bedford.
Dux Buckingham & Normanby.
Dux Hamilton.
Dux Montrose.
Dux Roxburghe.
Dux Dover.
March. Kent, Camerarius.
Comes Lincoln.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Denbigh.
Comes Berkshire.
Comes Stamford.
Comes Sunderland.
Comes Scarsdale.
Comes Sussex.
Comes Yarmouth.
Comes Rochester.
Comes Holderness.
Comes Scarbrough.
Comes Orford.
Comes Jersey.
Comes Grantham.
Comes Wharton.
Comes Cholmondeley.
Comes Mar.
Comes Loudoun.
Comes Wemyss.
Comes Leven.
Comes Northesk.
Comes Orkney.
Comes Seafield.
Comes Roseberie.
Comes Glasgow.
Comes I'lay.
Ds. Delawarr.
Ds. Berkeley Ber.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Howard Esc.
Ds. Mohun.
Ds. Byron.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Osborne.
Ds. Ossolstone.
Ds. Guilford.
Ds. Weston.
Ds. Halifax.
Ds. Pelham.

PRAYERS.

Summers' Pet. referred to Judges.

Upon reading the Petition of Henry Summers Esquire; praying Leave to bring in a Bill, for Sale of several Messuages, Lands, and Hereditaments, in the County of Huntingdon: and, with the Monies arising thereby, to buy an Estate in Essex, to be settled to the same Uses as his Estate in Huntingdonshire is devised:

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. Justice Dormer; 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.

Window Tax, Coals, &c. Lottery Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing Part of the Duties upon Coals, Culm, and Cinders, and granting new Duties upon Houses having Twenty Windows or more, to raise the Sum of Fifteen Hundred Thousand Pounds, by Way of a Lottery, for the Service of the Year One Thousand Seven Hundred and Ten."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

E. of Peterborow & al. versus Sir John Germaine & Ux.

Upon reading the Petition and Appeal of Charles Earl of Peterborow and Monmouth, John Lord Mordaunt and Henry Mordaunt Sons of the said Earl, and Henry Mordaunt and Lewis Mordaunt Brothers of the said Earl, from an Order made in the Court of Chancery, the One and Twentieth Day of April in the Seventh Year of Her now Majesty's Reign, and another of the Eighteenth Day of November last, on the Behalf of Sir John Germaine Knight and Baronet and Dame Elizabeth his Wife; and praying, "That the said Orders may be set aside; and that the Plea of the said Sir John Germaine and his Lady may be over ruled, and the Leases in the Petition mentioned restored to the Possession of the said Earl; and such other Relief may be granted to the Petitioners as shall be just:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir John Germaine and Dame Elizabeth his Wife may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on or before Tuesday the One and Thirtieth Day of this Instant January, at Eleven a Clock.

E. of Bath & al. versus Sherwin & al.

After hearing Counsel, upon the Petition and Appeal of William Henry Earl of Bathe, an Infant, by Sir John Stanley Baronet his next Friend, and of Sir Thomas Clarges Baronet, and also of Robert Clarges, Walter Clarges, George Clarges, Gold Clarges, and Christopher Clarges, Infants, by Dame Elizabeth Clarges Widow, their next Friend; and also of the said Dame Elizabeth Clarges, Executrix of Sir Walter Clarges Baronet, deceased; and of George Granville Esquire, Brother and Heir, and sole Executor, of Sir Bevill Granville Knight, deceased, from a Decree of Dismission made and pronounced in and by the High Court of Chancery, the Eight and Twentieth Day of June last past, in a Cause there depending, wherein the Petitioners were Complainants, against William Sherwin, Anne Gibbs, Martin Bladen and Mary his Wife, Doyly Dyer, Arbaham Herring, Elizabeth Maysey, Rebecca Pride, John Brady, Sir John Bennet, Thomas Williams, Anna Maria Barnadiston, and Charlotte Barnadiston, Defendants; and praying, That the said Decree of Dismission may be set aside, and the Petitioners relieved in the Premises:" As also upon the Answer of William Sherwin, and the Answers of Martin Bladen and Mary his Wife; and the Answer of Rebecca Pride Widow, Doyly Dyer, and Abraham Herring; and the Answer of Anne Gibbs, an Infant under the Age of One and Twenty Years, by William Gold Doctor of Physic, her next Friend and Guardian; and the Answer of Sir John Bennet Knight, Serjeant at Law, and Thomas Williams Esquire, and also of Anna Maria Barnadiston and Charlotte Barnadiston, Heirs at Law of Sir Samuel Barnadiston Baronet, deceased, by Nathaniel Barnadiston Esquire, their next Friend and Guardian, put in thereunto; and due Consideration of what was offered thereupon:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of Dismission complained of in the said Petition and Appeal shall be, and is hereby, reversed: And it is further Ordered, That the Court of Chancery do forthwith issue a perpetual Injunction, to stay the Proceedings in Law of the Defendants in Chancery, and all claiming under them, against the now Appellants, and all claiming under them, upon the pretended Title of the said Defendants, grounded upon the alledged Illegitimacy of Christopher late Duke of Albemarle.

Doctor Sacheverel, further Time allowed for answering, and Counsel.

Upon reading the Petition of Henry Sacheverell Doctor in Divinity, praying further Time for putting in his Answer to the Articles of Impeachment of high Crimes and Misdemeanors exhibited against him by the House of Commons; and also that Mr. Serjeant Pratt, Sir Simon Harcourt, Mr. Phipps, and Mr. Raymond, may be ordered to be Counsel, to assist him in making his Defence:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby further Time allowed him, for answering to the said Articles of Impeachment, until Wednesday the Five and Twentieth Day of this Instant January, at Eleven a Clock; and the Counsel above named are allowed to assist him, in making his Defence, if they think fit.

Adjourn.

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