House of Lords Journal Volume 20: 18 May 1717

Die Sabbati, 18 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Highgate, &c. Highways, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Highways from several Places therein mentioned, leading towards Highgate Gatehouse and Hampsted, in the County of Middlesex; and for electing Trustees, for keeping up a sufficient Number, for the repairing the Highways upon the Roads from Highgate Gatehouse to Barnet Blockhouse, and also of the Highways between Kilburn Bridge and Sparrows Hern, in the County of Hertford."

Ordered, That the said Bill be committed to a Committee of the whole House, on Wednesday next.

Messages from H. C. with Bills.

A Message from the House of Commons, by Mr. Thomas Onslow and others:

With a Bill, intituled, "An Act to enable the Parishioners of the Parish of St. Mary Rotherhith, in the County of Surrey (by certain several Rates therein mentioned), to finish the said Parish Church;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Mr. Ingram and others:

With a Bill, intituled, "An Act for Sale of the Estate of John Stone the Elder, and John Stone the Younger, in the County of Sussex, for discharging the Incumbrances thereon, in respect of the Infancy of One of the Coheirs of John Stone the Younger; and for securing the Residue of the Money as therein is mentioned;" to which they desire the Concurrence of this House.

Cuffe, Leave for a Bill.

The Report of the Judges, to whom the Petition of John Cuffe Esquire and Margaret his Wife, praying Leave to bring in a Bill, for the Purposes in the Petition mentioned, was referred, was (according to Order) read.

And the same being considered:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Rotherhith Church, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Parishioners of the Parish of St. Mary Rotherhith, in the County of Surrey (by certain several Rates therein mentioned), to finish the said Parish Church."

Wemyss, Leave for a Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of Patrick Wemys Esquire, praying Leave to bring in a Bill, for the Purposes in the Petition mentioned, was referred:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Middleton et al. Petition referred to Judges.

Upon reading the Petition of Mary, Constance, Diana, and Anne Middleton, (Infants, by the Honourable Thomas Onslow Esquire, their Guardian,) Richard Hockenhull and Elizabeth his Wife; which said Mary, Constance, Diana, and Anne Middleton; and Elizabeth Hockenbull, are the only Children and Heiresses of Thomas Middleton, late of Stansted Mount Fitchet, in the County of Essex, Esquire, deceased; praying Leave to bring in a Bill, to vest the Inheritance, in Trustees, to be sold, for the Use and Benefit of the Petitioners:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas 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.

Dashwood's Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of Robert Dashwood Esquire and his Wife and others, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Hodie 1^a vice lecta est Billa, intituled, An Act for confirming a Partition made between Robert Dashwood Esquire and Cholmley Turner Esquire, of certain Manors, Lands, and Hereditaments, in the County of Oxon."

Newcastle Town, to be heard by Counsel, to River Wear Bill.

Upon reading the Petition of the Mayor, Aldermen, Sheriff, and the rest of the Common Council, of the Town and County of Newcastle upon Tyne, in Common Council assembled, on Behalf of themselves and many Thousands of poor People inhabiting in and about the said Town; setting forth, "That, notwithstanding the plausible Pretences in the Preamble of the Bill, for the Preservation and Improvement of the River Wear, and Port and Haven of Sunderland, in the County of Durham, they hope to satisfy this House, that the same (if passed) will be prejudicial to His Majesty's Service and Revenue, and to the Petitioners; and that the present Nursery and Supply of Seamen will be thereby Yearly lessened, and the Increase of Navigation and Trade discouraged;" and praying, "That they may be heard, by their Counsel, to offer their Reasons against passing the said Bill:"

It is Ordered, That the said Petition be referred to the Committee of the whole House to whom the said Bill stands committed; and that the Petitioners may be heard, by their Counsel, before the said Committee; as may also Counsel be heard for the said Bill, at the same Time.

Mr. Bewick against the same Bill:

Upon reading the Petition of Thomas Bewick Esquire; setting forth, "That he is possessed of a very great Colliery, situate near the River Wear, in the County of Durham; and that, by unjust Contracts made by some who prosecute the Bill for preserving and improving the said River and Port of Sunderland, he will be debarred bringing his Coals from his said Colliery to the said River;" and praying, "That he may be admitted to prove the same, and be relieved therein upon the said Bill:"

It is Ordered, That the said Petition be referred to the Consideration of the Committee of the whole House to whom the said Bill stands committed.

Hexham Town against the same Bill:

Upon reading the Petition of the ancient Market Town of Hexham, in the County of Northumberland, on Behalf of themselves and the adjacent Parts of that County; praying, "That this House will so far consider the Petitioners and the Inhabitants of the said County, as to prevent the irreparable Loss and Damage they will suffer, by enlarging the Port and Haven of Sunderland; and that the Bill for that Purpose may not pass into a Law:"

It is Ordered, That the said Petition be referred to the Consideration of the Committee of the whole House to whom the said Bill stands committed.

Durham, Petition relating to the Bill.

Upon reading the Petition of the High Sheriff, Justices of the Peace, and Gentlemen Freeholders of the City and County of Durham; praying, "That the Bill for making the River Wear navigable to Chester New Bridge only may extend to the City of Durham; and that the Receipt of the Duties laid on for perfecting the said Work may be lodged in the Hands of the County Treasurer, or in such other Hands as this House shall appoint, and not in the Hands of any of the Coal Owners upon the River Weare:"

It is Ordered, That the said Petition be referred to the Consideration of the Committee of the whole House to whom the said Bill stands committed.

Herbert's Petition referred to Judges.

Upon reading the Petition of Elizabeth Herbert, Widow and Relict of Edward Herbert Esquire, deceased, on the Behalf of herself and Thomas Herbert her Infant Son; and of Mariamne Herbert, Widow and Relict of Philip Herbert Esquire, deceased, on the Behalf of hereself and of Mariamne Herbert and of Frances Herbert, her Infant Daughters; praying, "That a Bill may be brought in, for settling a Jointure upon the Petitioner Elizabeth, pursuant to certain Articles made by the said Edward Herbert Esquire, deceased, for that Purpose; and also for Sale of several Lands of the said Edward Herbert, for raising Money, for Payment of his Debts; and for vesting the rest of his Estate in Trustees, for the Benefit of Thomas Herbert his Son, an Infant; and for other Purposes in the Petition mentioned:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Baron Mountague; 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.

Mortimer et Ux. to be heard in Barnardiston's Cause.

Upon reading the Petition of John Mortimer Esquire and Elizabeth his Wife; setting forth, "That they, living Thirty Miles from London, had no Notice of the Appeal of Sir Robert Barnardiston and others, depending in this House, till Tuesday Night last; that the Appellants do, in the said Appeal, insist on the Petitioner Elizabeth's Title, as Heir at Law of Evers Armyne therein mentioned, as the principal Ground for reversing the Decree of the Court of Chancery complained of; that the Petitioners were made Defendants in the said Court to the now Respondents Bill; and apprehend, that it may be a great Prejudice to their Title, to have their Appeal heard, without their being allowed to be also heard by their Counsel, in regard the principal Point in Law for the Judgement of this House is, Whether the Petitioner Elizabeth, as Heir at Law of the said Evers Armyne, in entitled to the Manor of Pickworth in this Cause mentioned? and that, Tuesday next being appointed for hearing thereof, the Petitioners are not desirous to delay the same;" and praying, "That they may be allowed to be heard at the same Time, by their Counsel, that they may not be precluded without being heard, in a Matter which chiefly concerns them:"

It is Ordered, That Counsel for the Petitioners may attend at the said Hearing, in order to be heard, if this House shall think fit.

Barrington, alias Shute's, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Barrington, alias Shute, Esquire, and his Issue Male, to change their Surname to Barrington, according to the Settlement of Francis Barrington Esquire, deceased."

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 Tuesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Davies's Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of Robert Davies and others, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Hodie 1^a vice lecta est Billa, intituled, "An Act for rectifying Defects in a Settlement made by Robert Davies Esquire, deceased, of certain Estates in the Counties of Denbigh and Flint, and effectually securing the Payment of his Debts; and making Provision for the Younger Children of Robert Davies his Son; and settling the said Estates subject thereto."

Byrne versus Hartpole.

The House being moved, 'That a Day may be appointed, for hearing the Appeal wherein Dame Anna Dorothea Byrne, Executrix of Sir Daniel Byrne Baronet, deceased, and of Sir John Byrne Baronet, an Infant, Son and Heir of the said Sir Daniel, are Appellants, and George Hartpole, an Infant, by Sir Pierce Butler Baronet, his Guardian, and others, Respondents:"

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 Thursday the Sixth Day of June next, at Eleven a Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum diem instantis Maii, hora undecima Aurora, Dominis sic decernentibus.