House of Lords Journal Volume 21
January 1719, 1-10

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History of Parliament Trust

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1767-1830

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35-43

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'House of Lords Journal Volume 21: January 1719, 1-10', Journal of the House of Lords: volume 21: 1718-1721 (1767-1830), pp. 35-43. URL: http://www.british-history.ac.uk/report.aspx?compid=113410 Date accessed: 28 July 2014.


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January 1719, 1-10

DIE Mercurii, 7o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Sarum.
Epus. Landav.
Epus. Norwic.
Epus. Roffen.
Epus. Bristol.
Epus. Cestr.
Epus. Glocestr.
Epus. Asaph.
Epus. Lincoln.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Petriburg.
Ds. Parker, Cancellarius.
Comes Sunderland, Præses.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Bolton.
Dux Marlborough.
Dux Bucks & Nor.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Comes Lincoln.
Comes Stamford.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Holderness.
Comes Warrington.
Comes Rochford.
Comes Orford.
Comes Greenwich.
Comes Godolphin.
Comes Cholmondeley.
Comes Deloraine.
Comes I'lay.
Comes Oxford.
Comes Strafford.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Stanhope.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount Castleton.
Viscount St. John.
Viscount Cobham.
Ds. Delawar.
Ds. Willoughby Br.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Brooke.
Ds. Maynard.
Ds. Byron.
Ds. Lucas.
Ds. (fn. 1) Carteret.
Ds. Guilford.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Belhaven.
Ds. Harcourt.
Ds. Boyle.
Ds. Trevor.
Ds. Foley.
Ds. Bingley.
Ds. Carleton.
Ds. Coningesby.
Ds. Torrington.
Ds. Pawlett Bas.

PRAYERS.

Poor Wives and Children, for Relief of, Bill:

Hodie 3a vice lecta est Billa, intituled; "An Act for the more effectual Relief of such Wives and Children as are left by their Husbands and Parents upon the Charge of the Parish."

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. Rogers and Mr. Hiccocks:

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

Jett's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Tenements, in the County of Somerset, the Estate of Thomas Jett Esquire, in Trustees, to be sold; and, with the Money arising thereby, to purchase other Lands, of the like Value, to be settled to the same Uses."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Rogers and Mr. Hiccocks:

To carry down the said Bill, and desire their Concurrence thereunto.

Pulteney et al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of William, Harry, John, Daniel, Charles, and Thomas Pulteneys, William Lowndes, James Vernon, and Richard Booth, Esquires; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

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

Smith versus Phelipps.

The Lord Chief Justice of His Majesty's Court of King's Bench, in the usual Manner, brought up the Transcript of a Record upon a Writ of Error, wherein Thomas Smith is Plaintiff, and Edward Phelipps Defendant.

Walker et al. Petition referred to Judges.

Upon reading the Petition of Francis Walker, Humphry Sandford and Rebecca his Wife, Mary Walker, Folliott Powell, Samuel Powell Junior, Richard Knight and Elizabeth his Wife, Thomas Baughs, Francis Herbert and Mary his Wife, and of Thomas Folliott Walker and Anne Walker, alias Baughs, his Wife, Henry Baughs, and Elizabeth Baughs, Minors, by their Guardians Rebecca Walker and Rowland Baughs, and of the Right Honourable William Conolly Esquire; praying Leave to bring in a Bill, to enable the said Thomas Folliott Walker and Anne Walker, alias Baughs, his Wife, Henry Baughs and Elizabeth Baughs, notwithstanding their Minorities, to grant and convey his, her, and their Share of several Manors, Lands, and Hereditaments, in the Kingdom of Ireland, unto the said William Conolly Esquire and his Heirs, he or they paying Four Thousand Pounds apiece to their respective Guardians, for their respective Uses; and that all Deeds, Fines, or other Conveyances, executed and levied by any of them of their said Shares, be as valid as if they had been of full Age at the Time of executing and levying the same; 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. Justice Tracy and Mr. Justice Fortescue; 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.

E. Westmorland's Petition referred to Judges.

Upon reading the Petition of Thomas Earl of Westmorland and Katherine Countess of Westmorland his Wife; praying Leave to bring in a Bill, for Sale of an Estate in the County of Kent; and, with the Money arising thereby, to purchase other Lands, of equal Value, in or near the County of Northampton, to be settled to the same Uses as the said Kentish Estate was intended to be settled by the Petitioner's Marriage Agreement:

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. Baron Page; 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.

Governors, Smith's Charity, referred to Judges.

Upon reading the Petition of the Governors of the Schools, founded by Erasmus Smith Esquire; praying Leave to bring in a Bill, for establishing and making effectual an Agreement made the Seventeenth Day of December 1718, bétween the Petitioners and the Mayor and Commonalty and Citizens of the City of London, Governors of the Hospitals of King Edward the VIth, of Christ's, Bridewell, and St. Thomas the Apostle, mentioned in the said Petition:

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

Glanvill's Bill.

The Earl of Clarendon reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable William Glanvill Esquire to take upon him the Sur name of Glanvill instead of his Surname of Evelyn, pursuant to the Will of William Glanvill Esquire, deceased," was committed: "That they had gone through the Bill, and made One Amendment thereto."

Which was read Twice, and agreed to.

Hamilton versus Boswell.

Upon reading the Petition and Appeal of William Hamilton of Grange Gentleman; complaining of Two Interlocutors of the Lords of Council and Session in Scotland, one made the 19th Day of December 1701, and the other the 25th of July 1705, on the Behalf of George Boswell and Hellen Reid his Wife; and praying, "That the same may be reversed:"

And the House being moved, "That the Standing Order, of the 13th of July 1678, limiting the Time for bringing in Appeals, might be read:"

The same was read accordingly.

Appeal withdrawn.

And the said Appeal, not being presented within the Time limited by the said Order, was, by Leave of the House, withdrawn.

Sir Robert Gorden versus Brodie:

Upon reading the Petition and Appeal of Sir Robert Gordon of Gordonstoun Baronet; complaining of Two Interlocutory Sentences, or Decrees, of the Lords of Council and Session in Scotland, of the 24th and 29th Days of July last, made on the Behalf of James Brodie Esquire; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Brodie may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the Fourth Day of February next.

Sir William Gordon's Recognizance for Sir Robert.

The House being moved, "That Sir William Gordon Baronet may be permitted to enter into Recognizance for the Appellant Sir Robert Gordon, he residing in Scotland:"

It is Ordered, That the said Sir William Gordon may enter into Recognizance for the said Appellant, as desired.

Quieting Corporations, Bill:

The House (according to Order) took into further Consideration the Amendment made by the Commons to the Bill, intituled, "An Act for quieting and establishing Corporations," marked Clause (A).

Which was read, as follows; (videlicet,)

"And whereas, by the said recited Act, made in the Thirteenth Year of King Charles the Second, it is Enacted, That no Person or Persons shall be placed, elected, or chosen, in or to any the Offices or Places relating to, or concerning the Government of, any City, Corporation, Borough, Cinque Port, and their Members, and other Port Towns, or any other Offices in the said recited Act mentioned or expressed, that shall not have, within One Year next before such Election or Choice, taken the Sacrament of the Lord's Supper, according to the Rites of the Church of England; and that, in Default thereof, every such Placing, Election, and Choice, shall be void: Be it further Enacted, by the Authority aforesaid, That all and every Member and Members of any Corporation within this Kingdom, and all and every Person and Persons that were required by the said above recited Act to take the Sacrament of the Lord's Supper, according to the Rites of the Church of England, within One Year next before his Election or Choice into such Office, shall be, and are hereby, confirmed in their several and respective Offices and Places, notwithstanding their Omission to take the Sacrament of the Lord's Supper as aforesaid; and shall be indemnified, freed, and discharged, of and from all Incapacities, Disabilities, Forfeitures, and Penalties, arising from such Omission; and that none of their Acts shall be questioned or avoided for or by reason of the same; but that all such Acts shall be, and are hereby declared and enacted to be, as good and effectual, as if all and every such Person and Persons had taken the Sacrament of the Lord's Supper in Manner as aforesaid; and that no Prosecution shall at any Time hereafter be brought or commenced against any Person or Persons, who shall be hereafter placed, elected; or chosen, in or to any the Offices aforesaid, for or by Reason of such Omission; nor any Incapacity, Disability, Forfeiture, or Penalty, incurred by reason of the same, unless such Prosecution be commenced within Six Months after such Person's being placed or elected into his respective Office, as aforesaid."

And, it being moved, "That the Time for Prosecution of Members and Officers of Corporations, neglecting to take the Sacrament of the Lord's Supper according to the Rites of the Church of England; within One Year next before their Election or Choice, might be enlarged from Six Months to Twelve:"

Which being objected to:

And the Judges attending (according to Order) were directed to give their Opinions, "Whether an Application to the Court of King's Bench, for an Information against such Officers and Members of Corporations, would be taken to be a Commencement of a Prosecution?"

And they having conferred together; the Lord Chief Justice, in the Name of them all, delivered it to be their Opinion, "That, in case this Clause pass into a Law, the applying to the Court of King's Bench for an Information would be a Commencement of a Prosecution, within the Meaning thereof."

Then the Amendments following were agreed to be made to the aforementioned Clause; (videlicet,)

"Line 16th, After ["every"], insert ["the now"].

"18. After ["Persons"], insert ["now in actual Possession of any Office"].

30. After ["Acts"], insert ["nor the Acts not yet avoided of any who have been Members of any Corporation, or in actual Possession of such Offices"].

"31. Leave out ["the same"], and insert ["such Omission"].

"34, 35, and 36. Leave out ["and that no Prosecution shall at any Time hereafter be brought or commenced against"], and insert ["nor shall"].

"38. After ["aforesaid"], insert ["be moved by the Corporation, or otherwise prosecuted"]; and in the same Line, after ["nor"], insert ["shall"].

"39. After ["Penalty"], insert ["be"].

"40. After ["such"], insert ["Person be so removed, or such"].

"L. last. After ["aforesaid"], insert ["and that, in case of a Prosecution, the same be carried on without wilful Delay"].

Message to H. C. to return the Bill with more Amendments.

A Message was sent to the House of Commons, by Mr. Rogers and Mr. Hiccocks:

To return the beforementioned Bill; and acquaint them, that their Lordships have agreed to their Amendments made to the said Bill, with some Amendments to Clause (A.); to which they desire their Concurrence.

Sir Hewit Aucher versus Lady Aucher.

The House being moved, "That a Day may be appointed, for hearing the Cause depending in this House, wherein Sir Hewit Aucher Baronet is Appellant, and Dame Elizabeth Aucher, alias Hunt, the Widow and Relict of Sir Anthony Aucher Baronet, deceased, is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Sixth Day of February next, at Eleven a Clock.

Pulteney's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable William Pulteney Esquire, and the Persons in Remainder after him, to make Leases of the Houses and Ground therein mentioned; and to rectify some Mistakes in Two Leases, from King Charles the Second to Sir William Pulteney, and from King William the Third to John Pulteney Esquire."

Scot versus Scot.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Scot of Raeburn, an Infant, by his Guardians, is Appellant, and Walter Scot of Haychester, an Infant, by his Guardians, is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 9th Day of February next, at Eleven a Clock.

Mr. Desaguliers to view the Chimney in the House.

Ordered, That Mr. Disaguliers do view the Chimney in this House, and consider how the same may be made more useful; and report what is proper to be done therein to the Lords Committees, appointed to review the Repairs of The Parliament-office; whose Lordships are hereby empowered to receive the said Report on Friday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, nonum diem hujus instantis Januarii, hora undecima Autora, Dominis sic decernentibus.

Die Jovis, 12o die Maii, 1720, hitherto examined by us,

Clarendon.
Rochester.
Say & Seale.
Hu. Bristol.
Trevor.

DIE Veneris, 9o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Ebor.
Epus. London.
Epus. Landav.
Epus. Hereford.
Epus. Bristol.
Epus. Cestr.
Epus. Glocestr.
Epus. Asaph.
Epus. Lincoln.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Ds. Parker, Cancellarius.
Comes Sunderland, Præses.
Dux Kingston, C.P.S.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Marlborough.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
Comes Pembroke.
Comes Lincoln.
Comes Dorset.
Comes Westmorland.
Comes Manchester.
Comes Stamford.
Comes Scarsdale.
Comes Clarendon.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Nottingham.
Comes Warrington.
Comes Rochford.
Comes Greenwich.
Comes Godolphin.
Comes I'lay.
Comes Oxford.
Comes Strafford.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Stanhope.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
Viscount Sherard.
Ds. Delawar.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Brooke.
Ds. Maynard.
Ds. Bruce.
Ds. Lucas.
Ds. Lumley.
Ds. Carteret.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Ross.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bingley.
Ds. Carleton.
Ds. Coningesby.
Ds. Newburgh.
Ds. Pawlett Bas.

PRAYERS.

Morison versus Smith et al.

The House being moved, "That the Cause wherein William Morison of Preston Grange Esquire is Appellant, and James Smith of Whitehill and David Burton Glazier are Respondents, which is appointed to be heard on Wednesday next, may be put off to such further Time as this House shall think fit:"

Whereupon the Agents for both the said Parties were called in, and examined upon their respective Oaths, in relation to their Clients consenting thereto.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Twentieth Day of February next, at Eleven a Clock.

Report concerning the Chimney in the House.

The Earl of Clarendon reported from the Lords Committees, appointed to view the Repairs of the Tower, or Building, called The Parliament-office, who were empowered to hear Mr. Disaguliers, in relation to the making the Chimney in the House more useful:

"That the said Mr. Disaguliers had attended the Committee; and acquainted them, That the said Chimney might be in some Measure cured, if Four or Five Doors were made in the Passages about the House, with falling Hinges, and lined with List, to prevent the Entrance of cold Air when the Doors of the House are opened; and also Plates to slide in the Chimney, to contract the Passage for the Smoke; and if the Sides of the Chimney were worked up parabolically with White Dutch Tiles; and if warm Air were contrived to be thrown into the Room, so as to make it equally hot all over: Which last might be done between this and the next Session; but that the Doors and Plates be prepared forthwith."

Which Account his Lordship was directed by the said Committee to lay before the House.

And the same, being read by the Clerk, was agreed to.

Address for it to be repaired.

And Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, "That His Majesty would be graciously pleased to order the Officers of His Works to cause the said Chimney to be amended, and made moreuseful, by the Method proposed by the said Report, if His Majesty shall so please.

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Orders of this House, for restoring Annesley to Possession of Lands in Ireland; Account of Barons of Exchequer in Ireland, about.

The Lord Chancellor acquainted the House, "That he had received an Account from the Barons of the Court of Exchequer in Ireland, in Pursuance of the Orders of this House, for the putting of Maurice Annesley Esquire, into the Possession of the Lands in Ireland, of which he was dispossessed pending his Appeal in this House, of what had been done there in Pursuance of the said Orders."

And the same was read; and ordered to be received, and entered in the Journal of this House, as follows:

"To the Right Honourable the Lords Spiritual and Temporal of Great Britain in Parliament assembled.

"In Obedience to your Lordships Order of the Sixth of February last, commanding us to return to your Lordships an Account of what was done in Pursuance of your Lordships Order of the same Day, whereby we are commanded to cause Maurice Annesley Esquire to be forthwith restored to the Possession of the Lands of which he was dispossessed pending his Appeal; we, the Barons of His Majesty's Court of Exchequer in Ireland, do humbly beg Leave to lay before your Lordships the several Orders we have made, in Obedience to your Lordships last mentioned Order.

"Wednesday the 19th February, 1717.

"The Right Honourable the Lord Chief Baron and the rest of the Barons of His Majesty's Court of Exchequer in Ireland having, Yesterday in the Afternoon, received Two several Orders, bearing Date the 6th of this Instant February, made by the Right Honourable the Lords Spiritual and Temporal in Parliament assembled, in Great Britain, both signed "Wm. Cowper, Cler. Parliamentor." together with a Letter, dated London, 8th February, 1717, from the Right Honourable the Lord Chancellor of Great Britain, signed "Cowper," directed to the Lord Chief Baron of the Exchequer in Ireland and the rest of the Barons of that Court: Their Lordships were pleased to order the said Two Orders and Letter to be publicly read in Court. And the said Orders and Letter were accordingly this Day publicly read in open Court; and are in the Words following; (videlicet,)

"Die Jovis, 6o Februarii, 1717.

"Upon Report from the Committee of the whole House, to whom it was referred to consider by what Methods the Order of this House, for the restoring Possession to Maurice Annesley Esquire of the Estate in Ireland whereof he was dispossessed pending his Appeal in this House, may be most properly enforced and executed: It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Barons of the Court of Exchequer in Ireland do cause the said Maurice Annesley Esquire to be forthwith restored to the Possession of the Lands of which he was dispossessed pending his Appeal, which was received by this House the 8th Day of June last.

"Wm. Cowper, Cler. Parliamentor."

"Die Jovis, 6o Februarii, 1717.

"Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chancellor do transmit the Order of this House to the Barons of the Court of Exchequer in Ireland, which requires them to cause Possession to be forthwith delivered to Maurice Annesley Esquire of the Lands of which he was dispossessed pending his Appeal in this House; commanding the said Barons of the Exchequer, at the same Time, to return to this House, as soon as they can, an Account of what shall be done therein.

"Wm. Cowper, Cler. Parliamentor."

"London, 8th February, 1717.

"My Lord Chief Baron,

"By Order of the House of Lords, a Copy whereof I herewith send you, I transmit to your Lordship and the rest of the Barons of His Majesty's Court of Exchequer in Ireland the Order of the said House, whereby the Barons of that Court are commanded to restore Mr. Annesley to the Possession of his Estate: Your Lordship will immediately communicate this to the rest of the Barons; and let me know, as soon as can be, what is done by yourself and the rest of the Barons in Pursuance of their Lordships Order; as you see, by the abovementioned Copy, I am ordered to require of you. I am,

"Your Lordship's most faithful Servant,

"Cowper.

"To the Lord Chief Baron of the Exchequer in Ireland, and the rest of the Barons in that Court."

"In Obedience to which said Two Orders; it is this Day Ordered, by the Right Honourable the Chancellor, Treasurer, Lord Chief Baron, and the rest of the Barons of His Majesty's Court of Exchequer in Ireland, That the Sheriff, or Sheriffs, of the County or Counties where the said Lands do lie, do forthwith restore the said Maurice Annesley Esquire to the Possession of the Lands of which he was so dispossessed pending his said Appeal; And it is further Ordered by the said Court, That the Injunction of this Court do forthwith issue for that Purpose, directed to the Sheriff, or Sheriffs, of the County or Counties where the said Lands lie: And it is further Ordered by the said Court, That the said Maurice Annesley Esquire, his Attorney, Agent, Solicitor, or Counsel, do forthwith attend the Chief Remembrancer, or his Deputy, at his Office, with the Names of the Lands of which the said Maurice Annesley was so dispossessed pending his said Appeal, and the Name or Names of the County or Counties where the said Lands do lie, in order to insert them in the said Injunction, for the more speedy and effectual issuing of the same.

"Jeff. Gilbert.
J. Pocklington.
J. St. Leger."

"Tuesday, the 13th May, 1718.

"Mr. Bauman, Attorney on Behalf of Maurice Annesley Esquire, this Day moved the Court, on an Assidavit made by John Annesley Esquire, in a Cause wherein the said Maurice Annesley Esquire is mentioned to be Plaintiff, against Hester Sherlock Widow Defendant; whereby it appeared, "That, on the 15th Day of March last past, the said John Annesley delivered unto Alexander Borrows Esquire, High Sheriff of the County of Kildare, an Injunction issued out of this Honourable Court, and under the Seal thereof, directed to the Sheriff of the County of Kildare; requiring him to put the said Plaintiff into the quiet and peaceable Possession of the Lands of Little rath, Beddingston, Darr, and Mullenfocky, in the County of Kildare; and that, at the same Time, he offered him what Fees he pleased to take, for executing the same; and that the said John Annesley likewise produced unto him a Letter of Attorney, under the Hand and Seal of the said Plaintiff, empowering him to receive the said Possession; and that he had several Times since desired the said Sheriff to go with him to the Lands in the said Injunction mentioned, in order to give the said John Annesley Possession thereof, pursuant to the said Injunction, which the said Sheriff then and ever since neglected, and resused to do; and therefore the said Mr. Bauman prayed, the said Sheriff might be fined, for not executing or returning the said Writ:" Whereupon, and upon reading the said John Annesley's Assidavit, it is Ordered by the Court, That the said Sheriff of the County of Kildare do return the said Writ of Injunction into this Honourable Court in Four Days, on Pain of Forty Shillings Fine.

Jeff. Gilbert.
J. Pocklington.
J. St. Leger."

Annesley.

"Monday, the 19th May, 1718.

Mr. Bauman, Attorney on Behalf of Maurice Annesley Esquire, this Day moved, on an Order made the 13th Instant; and prayed, "The said Order might be made absolute; and that a further Fine might be imposed on the Sheriff of the County of Kildare, for not returning the Injunction of this Court to him directed:" Whereupon, and on reading the said Order, it is Ordered by the Court, That the said former Fine be, and is hereby, made absolute; and that the said Sheriff do return his said Injunction in Four Days, sub Pæn. £.5. further Fine.

Jeff. Gilbert.
J. Pocklington.
J. St. Leger."

Annestey.

"The 13th Day of June 1718, Mr. Bauman, Attorney on Behalf of Maurice Annesley Esquire, this Day moved, on an Order made the 19th Day of May last; and prayed, "That the Fine of £. 5. therein mentioned might be made absolute; and that a further Fine might be imposed on the Sheriff of the County of Kildare, for nor returning the Injunction of this Court to him directed:" Whereupon, and on reading the said Order, it is Ordered by the Court, That the former Fine be, and is hereby, made absolute; and that the said Sheriff do return the said Injunction in Four Days, sub Pæn. £. 10. further Fine.

Jeff. Gilbert.
J. Pocklington.
J. St. Leger."

Annesley.

"The 20th June 1718, Mr. Bauman, Attorney on Behalf of Maurice Annesley Esquire, this Day moved, on an Order made the 13th of June Instant; and prayed, "That the Fine of £. 10. therein mentioned might be made absolute; and that a further Fine might be imposed on the Sheriff of the County of Kildare, for not returning the Injunction of this Court to him directed:" Whereupon, and on reading the said Order, it is Ordered by the Court, That the said former Fine be, and is hereby, made absolute; and the said Sheriff do return the said Injunction sedent. Cur. sub Pæn. £.20. further Fine.

Jeff. Gilbert.
J. Pocklington.
J. St. Leger."

Annesley.

"The 21st June 1718, Mr. Bauman, Attorney on Behalf of Maurice Annesley Esquire, this Day moved the Court, on an Order made the 20th of June Instant; and prayed, "That the Fine of Twenty Pounds therein might be made absolute; and a further Fine might be imposed on the Sheriff of the County of Kildare, for not returning the Injunction of this Court to him directed:" Whereupon, and upon reading the said Order, it is Ordered by the Court, That the said former Fine be, and is hereby, made absolute; and that the said Sheriff of the said County of Kildare do return the said Injunction, sedent. Cur. sub Pæn. £.40. further Fine.

Jeff. Gilbert.
J. Pocklington.
J. St. Leger."

Annesley.

"The 30th June 1718: Whereas, by former Order of this Court, dated the 21st June Instant, it was Ordered by the Court, upon Motion of Mr. John Bauman, Attorney for Maurice Annesley Esquire, "That the former Fine of £.20. imposed on the Sheriff of the County of Kildare, for not returning the Injunction to him directed, should be, and the same was thereby, made absolute; and that the said Sheriff should return the said Injunction sedent. Cur. sub Pæn. £.40. further Fine:" Now Mr. Bauman, the said Maurice Annesley's Attorney, this Day informed the Court, "That the said Sheriff hath not returned the said Injunction, pursuant to the said last mentioned Order; therefore prayed, that an Attachment may be awarded against him:" It is thereupon, and on reading the said last mentioned Order of the 21st of June, Ordered by the Court, That an Attachment, directed to the Pursuivant attending this Court, be, and the same is hereby, awarded against the said Sheriff of the County of Kildare, unless he returns the said Injunction directed to him, sedent. Cur.

"Jeff. Gilbert. J. Pocklington. J. St. Leger."

"And we the said Barons humbly beg Leave to acquaint your Lordships, That there has not been any Application made to us by the said Mr. Annesley, or any other Person in his Behalf, since the said 30th Day of June.

"All which we most humbly certify to your Lordships, this 16th Day of December, 1718.

"Jeff. Gilbert. J. Pocklington. J. St. Leger."

Annesley versus Sherlock.

Counsel were called in, upon the Petition and Appeal of Maurice Annesley Esquire, from an Appeal brought by Hester Sherlock, Widow and Administratrix of Eustace Sherlock; and also of Edward and John Sherlock, Brothers of the said Eustace, to the House of Lords in Ireland, from a Decree of the Court of Exchequer in that Kingdom.

No Counsel appearing for the Respondent:

And the Counsel for the Appellant proceeding to insist upon the Nullity of Jurisdiction of the House of Lords in Ireland, in Appeals from the Court of Exchequer in that Kingdom, as complained of in the said Appeal; and "that all such Appeals ought to be prosecuted immediately before this House, as being the Supreme Court of Judicature;" and, being unprepared to speak to the Merits of the Cause, by reason the Deeds, Writings, and Evidences, in the Custody of the Clerks of the House of Lords in Ireland, were not re-delivered to the Appellant or his Agents, though regularly demanded of them by the Agents of the said Appellant; and further complaining, "That Possession of the Lands was not yet restored to the Appellant (pursuant to the Orders of this House), of which he was dispossessed pending his Appeal:"

The Counsel was directed to withdraw.

And, it being moved, "That the Order of this House, of the 26th of November last, for putting off the Hearing of the said Cause, upon the Petition of the Appellant, might be read:"

The same was read accordingly.

\?\Per Ord. 14 Januarii,; Added per Ord. 14o Januarii.

And the Lords following were appointed a Committee, to inquire into the Reasons of the not obeying the Orders of this House, in relation to the Delivery of the said Deeds, Writings, and Evidences, and of the Possession of the said Lands, and how the same may be more effectually enforced; whose Lordships, having considered thereof, and heard such Persons as they shall think fit, are afterwards to report to the House:

Ld. Chancellor.
L. President.
L. Privy Seal.
L. Steward.
L. Chamberlain.
D. Richmond.
D. Bolton.
D. Marlborough.
D. Buckingham.
D. Montrose.
D. Roxburgh.
E. Pembroke.
E. Lincoln.
E. Dorset.
E. Westmorland.
E. Manchester.
E. Stamford.
E. Scarsdale.
E. Clarendon.
E. Burlington.
E. Litchfield.
E. Yarmouth.
E. Nottingham.
E. Abingdon.
E. Warrington.
E. Rochford.
E. Greenwich.
E. Godolphin.
E. Play.
E. Oxford.
E. Strafford.
E. Bristol.
E. Sussex.
E. Cowper.
E. Stanhope.
V. Townshend.
V. Hatton.
V. Tadcaster.
V. St. John.
V. Sherard.
L. Abp. York.
L. Bp. London.
L. Bp. Landaff.
L. Bp. Hereford.
L. Bp. Bristol.
L. Bp. Chester.
L. Bp. Glocester.
L. Bp. St. Asaph.
L. Bp. Lincoln.
L. Bp. Exeter.
L. Bp. Carlisle.
L. Bp. Peterborough.
L. Delawar.
L. North & Grey.
L. Hunsdon.
L. Compton.
L. Brooke.
L. Maynard.
L. Bruce.
L. Lucas.
L. Lumley.
L. Carteret.
L. Guilford.
L. Weston.
L. Herbert.
L. Haversham.
L. Gower.
L. Rosse.
L. Harcourt.
L. Boyle.
L. Montjoy.
L. Foley.
L. Bingley.
L. Carleton.
L. Coningesby.
L. Torrington.
L. Newburgh.
L. Pawlett Bas.

Their Lordships, or any Five of them; to meet on Monday next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Ordered, That the Account of the Proceedings of the Barons of the Court of Exchequer in Ireland, for restoring Maurice Annesley Esquire to the Possession of the Lands in Ireland of which he was dispossessed pending his Appeal in this House, read this Day, be referred to the Lords Committees aforenamed.

Pulteney's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable William Pulteney Esquire, and the Persons in Remainder after him, to make Leases of the Houses and Ground therein mentioned; and to rectify some Mistakes in Two Leases, from King Charles the Second to Sir William Pulteney, and from King William the Third to John Pulteney Esquire."

Ordered, That the Consideration of the said Bill be committed to the Lords Committees beforementioned.

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

Glanvill's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable William Glanvill Esquire to take upon him the Surname of Glanvill, instead of his Surname of Evelyn, pursuant to the Will of William Glanvill Esquire, deceased."

The Question was put, "Whether this Bill, with the Amendment, 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. Rogers and Mr. Hiccocks:

To return the said Bill; and acquaint them, that the Lords have agreed thereunto, with One Amendment; to which they desire their Concurrence.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum diem hujus instantis Januarii, hora undecima Aurora, Dominis sic decernentibus.

DIE Sabbati, 10o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Epus. Norwic.
Epus. Landav.
Epus. Hereford.
Epus. Glocestr.
Epus. Asaphens.
Epus. Carliol.
Ds. Parker, Cancellarius.
Comes Sunderland, Præses.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Marlborough.
Dux Bucks & Nor.
Dux Montrose.
Comes Lincoln.
Comes Dorset.
Comes Westmorland.
Comes Stamford.
Comes Clarendon.
Comes Litchfield.
Comes Yarmouth.
Comes Nottingham.
Comes Warrington.
Comes Rochford.
Comes Greenwich.
Comes Godolphin.
Comes Deloraine.
Comes Oxford.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Cowper.
Comes Stanhope.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount Castleton.
Ds. Delawar.
Ds. Hunsdon.
Ds. Bruce.
Ds. Lucas.
Ds. Lumley.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Belhaven.
Ds. Boyle.
Ds. Foley.
Ds. Bathurst.
Ds. Carleton.
Ds. Coningesby.
Ds. Newburgh.

PRAYERS.

Halifax House, &c. for Sale of, Bill.

After reading, and considering, the Report of the Judges to whom the Bill, intituled, "An Act to vest the Fee and Inheritance of the Capital Messuage called Halifax House, in St. James's Square, in the Parish of St. James's, Westminster, and the Castle and Manor of Fotheringhay, in the County of Northampton, in Trustees, to be sold, together with a Term of Five Hundred Years, devised by William late Lord Marquis of Halifax to his Executors, in Trust, for the better Performance of his Will," was referred:

The said Bill was read a Second Time.

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

L. Steward.
L. Chamberlain.
D. Bolton.
D. Bucks & Nor.
E. Dorset.
E. Westmorland.
E. Stamford.
E. Clarendon.
E. Litchfield.
E. Yarmouth.
E. Nottingham.
E. Warrington.
E. Greenwich.
E. Godolphin.
E. Oxford.
E. Strafford.
E. Uxbridge.
E. Cowper.
V. Townshend.
V. Hatton.
V. Tadcaster.
V. Castleton.
L. Bp. Landaff.
L. Bp. Hereford.
L. Bp. Glocester.
L. Bp. St. Asaph.
L. Bp. Carlisle.
L. Delawar.
L. Bruce.
L. Lumley.
L. Carteret.
L. Weston.
L. Haversham.
L. Gower.
L. Rosse.
L. Belhaven.
L. Boyle.
L. Foley.
L. Bathurst.
L. Carleton.
L. Coningesby.
L. Newburgh.

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

Clitherow's Petition referred to Judges.

Upon reading the Petition of Christopher Clitherow Esquire, and James Clitherow Gentleman his Eldest Son; setting forth, "That the Petitioner Christopher, by his Marriage Settlements, conveyed divers Manors, Lands, and Tenements, in the Counties of Middl'x, Huntington, Northampton, Rutland, and London, unto Barnbam Powell, William Paul, and William Hide, Esquires, in Trust, to and for the respective Uses in the said Marriage Settlements; that the said Trustees are all since dead, and William Paul was the Survivor of them; whereby the said Trust Estate descended and became vested in Katherine Paul, his only Daughter and Heiress, an Insant, who, by reason of her Infancy, is incapable of executing the Trust vested in her by her Father;" and praying Leave to bring in a Bill, to enable the said Katherine Paul to transfer and assign over the said Trust, so vested in her as aforesaid, as if she was of full Age to do the same:

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

Davison, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Davison, of Blakiston, in the County of Durham, Esquire, praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

D. Newcastle's and Lord Harley's Bill.

The Earl Cowper reported from the Lords Committees to whom the Bill, intituled, "An Act to render more effectual the Agreements that have been made between Thomas Holles Duke of Newcastle, Henry Pelham Esquire, Edward Lord Harley and the Lady Henrietta his Wife, William Vane and Gilbert Vane Esquires, Sons of Christopher Lord Bernard, or any of them, in relation to the Estate of John late Duke of Newcastle; and for settling the same in such Manner as may be agreeable to the Intent of the said Agreements, and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; and that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made several Amendments thereunto."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

King's Answer to Address, concerning Chimney in the House.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of this House of Yesterday, "That His Majesty would be graciously pleased to order the Officers of His Works to cause the Chimney in this House to be amended, and made more useful, by the Method proposed by Mr. Disaguliers, if His Majesty shall so please:" And that His Majesty was pleased to say, "He would give proper Directions to the Officers of His Works for that Purpose."

Davison's Bill.

Hodie 1a vice lecta est Billa, intituled, An Act for vesting in John Porrett Gentleman and his Heirs Part of the Estate of Thomas Davison Esquire, at Stranton, Seaton Carew, and Thorp Thewles, in the County of Durham, freed from the Uses and Trusts of the said Thomas Davison's Marriage Settlement; and to settle other Lands, of better Value, to the same Uses."

Morison versus Nisbet et al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Morison of Preston Grange Esquire is Appellant, and William Nisbett of Dirlton, Dame Jane Nisbet, Lady Harden, and Sir William Scott of Harden, her First Husband, deceased, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Eleventh Day of February next, at Eleven a Clock; and that the Service of this Order on the Respondents Solicitor be deemed good Service.

Adjourn.

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

Footnotes

1 Origin. Cateret.