January 1725
DIE Lunæ, 11o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Cestriens.
Epus. Asaphens.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon.
Epus. Landavens. |
Ds. Carlcton, Præses.
Dux Somerset.
Dux Leeds.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Newcastle.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Warwick & Holland.
Comes Clarendon & Rochester.
Comes Litchfield.
Comes Coventry.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Uxbridge.
Comes Bristol.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt. |
Ds. Percy.
Ds. Compton.
Ds. Maynard.
Ds. Bruce.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
L. C. Justice of the Court of Common Pleas Speaker, by Commission.
The Lord President signified in the House, "That
His Majesty had been pleased to grant a Commission
under the Great Seal, to Sir Peter King Knight,
Chief Justice of the Court of Common Pleas, to
supply the Room and Place of Lord Chancellor, or
Lord Keeper of the Great Seal, in this House."
Whereupon the said Commission was read, by the
Clerk, as follows:
"George, by the Grace of God, of Great Britain,
France, and Ireland, King, Defender of the Faith, &c.
To Our Right Trusty and Well-beloved Counsellor
Sir Peter King Knight, Chief Justice of Our Court
of Common Pleas, Greeting. Know ye, that We,
trusting in your approved Fidelity, Wisdom, and
Discretion, have constituted, named, and appointed,
and by these Presents do constitute, name, and authorize you, from Time to Time, during Our Pleasure, to
use, occupy, and supply, the Room and Place of the
Lord Chancellor, or Lord Keeper of Our Great Seal
of Great Britain, in Our Upper House of Parliament,
amongst the Lords Spiritual and Temporal there assembled; and then and there to do and execute
all such Things as the said Lord Chancellor, or Lord
Keeper of our Great Seal, should or might in that
Behalf do if he were there personally present, using
and supplying the same Room. Wherefore We will
and command you the said Sir Peter King to attend
and execute the Premises with Effect: And these
Our Letters Patents shall be your sufficient Warrant
and Discharge for the same, in every Behalf. In Witness whereof, We have caused these Our Letters to
be made Patents.
"Witness Ourself, at Westminster, the Eighth Day
of January, in the Eleventh Year of Our
Reign.
"Per ipsum Regem.
"Wrighte."
And then the said Lord Chief Justice was called upon,
by the Lords, to his Place upon the Woolsack; and their
Lordships appointed the Mace to be laid thereupon,
and carried before him.
PRAYERS.
Bickford versus Hoblyn & al.
The Answer of Robert Hoblyn the Infant, Sir William Pendarves Knight and Dame Penelope his Wife,
also the Answer of Charles Holt Esquire and Martha his
Wife, to the Appeal of William Bickford and Damaris
his Wife:
L. and Ly. Paget versus D. of Bridgewater.
Also the Answer of Scroop Duke of Bridgewater to
the Appeal of the Honourable Thomas Catesby Pagett
Esquire, commonly called Lord Pagett, and the Lady
Elizabeth his Wife.
Sir J. Napier versus L. and Ly. Effingham.
As also, the Answer of the Right Honourable Thomas
Lord Howard Baron Howard of Effingham and Elizabeth
Lady Effingham his Wife to the Appeal of Sir John
Napier Baronet, an Infant, by his next Friend;
Were this Day brought in.
Ly. Banastre's Bill.
The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting
in Trustees the Manors of Hasilton and Turkdean, in
the County of Glocester, late the Estate of Sir William
Banastre Knight, deceased, to be sold, for Payment
of his Debts, and for making Provision for his
Daughters and Coheirs, pursuant to their several
Marriage Articles, and for other Purposes in the said
Act mentioned," was committed: "That they had
considered of the said Bill, and found the Allegations
thereof to be true; that the Parties concerned had
given their Consents; and that the Committee had
gone through the Bill, and made some Amendments
thereunto."
Which were read Twice, and agreed to.
Ordered, That the Bill, with the Amendments, be
engrossed.
Spateman, to enter into Recognizance for L and Ly. Paget.
The House being moved, "That Mr. Michael Spateman may be permitted to enter into a Recognizance
for the Honourable Thomas Catesby Pagett Esquire,
commonly called Lord Pagett, and the Lady Elizabeth
his Wife, on account of their Appeal depending in
this House, to which Scroop Duke of Bridgewater and
John Peirce Gentleman are Respondents, the Appellant being in the Country; and, in regard the Respondent Peirce is above One Hundred Miles off, that Service of their Lordships Order, for putting in his
Answer to the said Appeal, on his Clerk in Court,
may be deemed good Service:"
It is Ordered, That the said Michael Spateman may
enter into a Recognizance for the said Appellants; and
that Service of the Order of this House, for the Respondent Peirce to put in his Answer to the said Appeal,
on his Clerk in the Court of Chancery, be deemed good
Service.
Perry versus Boswell, Appeal delivered to the Clerk received.
The House was informed, "That an Appeal of John
Perry, complaining of a Decree of the Court of
Chancery, the Thirty-first of October last, made on the
Behalf of William Boswell, was left with the Clerk,
at the Parliament-office within the Time limited by
the Standing Order of this House for presenting
Appeals."
And thereupon John Andrews being called in; and
attesting, upon Oath, at the Bar, "That the Decree
complained of was not entered till the Fourteenth of
last Month:"
And the Clerk Assistant acquainting the House,
That the said Appeal was brought and left at the
Parliament-office the Twenty-eighth of the same
Month:"
The said Andrews was directed to withdraw.
And the same being read, the usual Order for answering was made thereupon; which is as follows:
"Upon reading the Petition and Appeal of John
Perry; complaining of a Decree of the Court of
Chancery, made the Thirty-first of October last, in a
Cause wherein William Boswell was Plaintiff, and the
Petitioner and Humphrey Parsons Esquire were Defendants; and praying, "That the same may be reversed,
and set aside, and the Petitioner relieved:" It is Ordered, That the said William Boswell 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 Monday the Twenty-fifth Day of this
Instant January."
Paterson versus Cockburn:
After hearing Counsel, upon the Petition and Appeal
of Thomas Paterson Esquire; complaining of several
Interlocutory Sentences of the Lords of Session in Scotland, of the Twenty-fourth and Twenty-sixth of December 1723 and the Sixteenth of January and Nineteenth of February last, in a Cause wherein the Appellant was Plaintiff, and Charles Cockburn Esquire Defendant; and praying, "That the same may be reversed:"
As also upon the Answer of the said Charles Cockburn
put in to the said Appeal; and due Consideration had of
what was offered on either Side in this Cause:
Interloectors affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said
Petition and Appeal be, and is hereby, dismissed this
House; and that the said several Interlocutory Sentences
therein complained of be, and the same are hereby,
affirmed.
E. of Oxford takes his Seat.
Edward Earl of Oxford and Earl Mortimer sat first in
Parliament, after the Death of his Father Robert Earl of
Oxford and Earl Mortimer.
Lords take the Oaths.
And his Lordship, together with Stephen Lord Bishop
of Exeter and Robert Lord Bishop of Landaff, took the
Oaths, and made and subscribed the Declaration, and
also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Young's Pet. to receive Appeal.
A Petition of Mary Young, Widow and Relict of Bartholomew Young Esquire, deceased, and of Arthur Young
Clerk, Executor of the last Will of the said Bartholomew Young, was presented to the House, and read;
praying, "That an Appeal from a Decree of the Court
of Chancery, made the Twenty-fifth of April 1723,
may be now received, in regard the Suit in that Court
was revived against the Petitioners but very lately:"
And thereupon John Sharp was called in; and examined upon Oath, at the Bar, as to the Time the Petitioners were served with the Order of Revivor.
And it appearing, the same was not served till the
Fifteenth of last Month:
The said Sharp was directed to withdraw.
And the said Appeal was ordered to be received.
And the same being read, the usual Order for answering was made thereupon; which is as follows:
Young versus Burdet & al.
"Upon reading the Petition and Appeal of Mary
Young, Widow of Bartholomew Young Esquire her
late Husband, deceased, and Executrix of the last
Will of Thomas Sutton her former Husband, deceased;
and Arthur Young Clerk, Executor of the last Will
and Testament of the said Bartholomew Young Esquire;
complaining of Two Decrees of the Court of Chancery, of the Third of November 1722 and Twentyfifth of April 1723, in a Cause wherein William
Burdet and Frances his Wife were Plaintiffs, and the
said Bartholomew Young the Petitioner, Mary his Wife,
and John Sutton, were Defendants; and praying, "That
so much of the said Decree of the Third of November 1722 as gives the Petitioner Mary no Relief on
account of her Husband's being a Freeman of the
City of London, and also that the said Decree of the
Twenty-fifth of April 1723 may be reversed:" It is
Ordered, That the said William Burdet and Frances
his Wife and John Sutton may have a Copy of the
said Appeal; and shall and they are hereby required
to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Twentyfifth Day of this Instant January."
L. St. John's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to enable John Lord St. John to settle a Jointure on
such Woman as he shall marry; and to make Provision
for the Daughters and Younger Children of such
Marriage, out of the Estate devised to him by the
Will of William Lord St. John, deceased."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Dux Kent.
Dux Dorset.
March. Tweeddale.
Comes Clarendon.
Comes Litchfield.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Ferrers.
Comes Uxbridge.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
V. Say & Seale.
V. Tadcaster.
V. St. John.
V. Cobham.
V. Harcourt. |
Arch. Ebor.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon.
Epus. Landavens. |
Ds. Percy.
Ds. Compton.
Ds. Maynard.
Ds. Bruce.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
Their Lordships, or any Five of them; to meet
on Monday the Twenty-fifth Day of this Instant
January, at Ten a Clock in the Forenoon, in
the Prince's Lodgings near the House of Peers;
and to adjourn as they please.
L. St. George versus Martin.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Lord
St. George and Henry Sullevane are Appellants, and
Richard Martin Esquire is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the Eighth
Day of February next, at Eleven a Clock.
Stone versus E. of Anglesey & al.
Upon reading the Petition and Appeal of Richard
Stone Esquire; complaining of a Decree of the Court
of Chancery in Ireland, of the Fourteenth of November
last, in a Cause wherein the Petitioner was Plaintiff,
and Arthur Earl of Anglesey, Arthur Lord Altham, Richard Bayly and Charles Annesley Esquires, were Defendants; and praying, "That the same may be reversed,
and the Petitioner quieted in the Possession of the
Woods in Question; and other Relief in the Premises:"
It is Ordered, That the said Earl of Anglesey and
the other Defendants may have a Copy of the said
Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the
Fifteenth Day of February next; and that Service of
this Order on the Respondents Clerk or Clerks in the
said Court of Chancery in Ireland be deemed good
Service.
Putland versus Sir W. Burrowes.
Upon reading the Petition and Appeal of John Putland, a Minor under the Age of Twenty-one Years,
Eldest Son and Heir of Thomas Putland Junior, late of
the City of Dublin, Merchant, deceased, by Jane Putland Widow, his Mother and next Friend, and of the
said Jane Putland and Richard Helsham Doctor of Physic,
Executors of the last Will and Testament of the said
Thomas Putland; complaining of an Order, or Decree,
of the Court of Chancery in Ireland, of the Fourth of
December last, made on the Behalf of Sir Walter Burrows; and praying, "That the same may be reversed;
and that the Order made the Twentieth of January
1719, for re-hearing the said Cause, on the Decree
made the Twenty-third of February 1718, may be set
aside; and that, according to the Prayer of the Petitioners Bill, the Master may proceed to state the
Accompt on the Mortgage; and that the said Sir
Walter Burrows may be ordered to pay what shall be
reported to be due thereon by a Day certain; or
that the said Sir Walter's Right or Equity of Redemption in the mortgaged Premises may be for ever
foreclosed:"
It is Ordered, That the said Sir Walter Burrows
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 Monday the Fifteenth Day of
February next; and that Service of this Order on the
Respondent's Clerk in the said Court of Chancery in
Ireland be deemed good Service.
Bauman versus Chambre.
Upon reading the Petition and Appeal of John
Bauman Gentleman; complaining of a Decree of the
Court of Exchequer in Ireland of the Ninth of June,
and an Order of the said Court of the Twentieth of
November last, in certain Causes, wherein the Petitioner
was Plaintiff, and Calcott Chambre Defendant; et è contra;
and praying, "That the same may be reversed, and
the Petitioner quieted in the Possession of the Premises; and that the Reversion may be sold, for the
Purposes directed by the Testator's Will; and that
the Petitioner may have his Costs in both Causes;
and that the said Chambre's Cross Bill may be dismissed,
with Costs:"
It is Ordered, That the said Calcolt Chambre 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 Monday the Fifteenth Day of
February next; and that Service of this Order on the
Respondent's Agent or Attorney in the said Court of
Exchequer in Ireland be deemed good Service.
L. Archibald Hamilton, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom the Petition of Archibald Hamilton
Esquire, commonly called Lord Archibald Hamilton, was
referred; 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.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act
to confirm and establish Articles of Agreement between Archibald Hamilton Esquire, commonly called
Lord Archibald Hamilton, of the one Part, and George
Parker Esquire, commonly called Lord Parker, and
other Trustees of a Charity therein mentioned, of
the other Part, for exchanging certain Lands, in the
County of Berks, belonging to the said Charity, for
other Lands, of a greater Value."
Fleetwood & al. Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom the Petition of Edward Fletewood
Esquire and Sarah his Wife, and others, was referred;
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.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act
for vesting Part of the Estate of Richard Fletewood,
late of Rossall, in the County of Lancaster, Esquire,
deceased, in Trustees, to be sold, for Payment of
his Debts and Legacies."
Bickford to enter into Recognizance for W. Bickford.
The House being moved, "That Edmund Bickford of
The Middle Temple Esquire may be permitted to enter
into a Recognizance for William Bickford Esquire and
Damaris his Wife, on account of their Appeal depending in this House, to which Sir William Pendarves
Knight and others are Respondents; the Appellant
residing in Devonshire:"
It is Ordered, That the said Edmund Bickford may
enter into a Recognizance for the said Appellants, as
desired.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum
esse usque ad et in diem Martis, duodecimum diem
instantis Januarii, hora undecima Auroræ, Dominis sic
decernentibus.
DIE Martis, 12o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. London.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon. |
Ds. Carleton, Præses.
Dux Kingston, Custos Privati Sigilli.
Dux Somerset.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Ancaster et Kesteven, Magnus Camerarius Angl.
Dux Manchester.
Dux Dorset.
March. Tweeddale.
Comes Warwick.
Comes Clarendon & Rochester.
Comes Essex.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Coventry.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Ilay.
Comes Uxbridge.
Comes Sussex.
Comes Cadogan.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount St. John.
Viscount Harcourt. |
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Visc. Kingsland's Answer to Countess Dowager Tyrconnel's Appeal.
The Answer of Nicholas Lord Viscount Kingsland,
to the Appeal of Frances Countess Dowager of Tyrconnell:
Neal & al. Answer to Napier's Appeal.
Also, the several Answers of Francis Neale Esquire,
George Buckby, and Thomas Denton Gentlemen, to the
Appeal of Sir John Napier Baronet, an Infant, by John
Coppin Esquire his Guardian, were this Day brought in.
Bp. Carlisle desired to preach the 30th Instant.
Ordered, That the Lord Bishop of Carlisle be, and
is hereby, desired to preach before this House, in the
Abbey Church, Westminster, on Saturday the Thirtieth
Day of this Instant January.
Edgworth's Petition to put off hearing his Appeal.
A Petition of Edward Edgworth Esquire, was presented to the House, and read; setting forth, "That
an Instrument, or Paper Writing, dated the Tenth of
November 1716, was made Use of on hearing the
Petitioner's Cause in the Court of Exchequer in
Ireland, and lodged in the Hands of Thomas Carter
Esquire, One of the Officers of the Court of King's
Bench in that Kingdom, by Order of the said Court,
who delays to deliver the same to the Petitioner;" and
praying, "In regard the same will be material to be
made Use of on hearing the Petitioner's Appeal, that
the said Cause, which now stands appointed for the
Twentieth Instant, may be put off; and that the said
Carter may be ordered to deliver the said Writing to
such Person as the Petitioner shall appoint:"
Thereupon the said Petitioner, as also Thomas Cole,
Agent for the Respondent, were called in, and heard
at the Bar; where it was admitted by the said Cole, due
Notice had been given of putting off the said Cause,
pursuant to the Standing Order.
And being withdrawn:
It is Ordered, That the Hearing the said Cause
be adjourned to Thursday the Fourth Day of February
next.
Adam attached, on E. Suffolk's Complaint.
The House was informed, "That Nicholas Adams,
One of the Persons complained of on the Part of the
Earl of Suffolk, for a Breach of Privilege, particularly
in speaking insolent, scandalous, and contemptuous
Words, reflecting on the Honour and Dignity of this
House, was attached by the Gentleman Usher of the
Black Rod."
Whereupon the Order for his Attachment, expressing, "that he should be brought to the House, to
answer for his said Offence," being read:
It is Ordered, That the said Nicholas Adams be
brought to the Bar of this House, on this Day Sevennight; and that the several Persons who gave Information against him have Notice thereof, to attend at
that Time.
Freeholders & al. against Croston Common Bill.
Upon reading the Petition of the Freeholders, Charterers, Leaseholders, and Tenants, who have a Right
of Common in and on the Common Town Field, or
Great Pasture, called Croston Finney, lying within the
Manor of Croston, in the County Palatine of Lancaster;
praying to be heard, by themselves or Counsel, against
the Bill, intituled, "An Act to enclose the Common and Tract of Land, called Croston Finney, in the
County of Lancaster," before the passing thereof:
It is Ordered, That the said Petition be, and is
hereby, referred to the Consideration of the Lords
Committees to whom the said Bill stands committed; and
that the Petitioners be at Liberty to be heard, by themselves, or Counsel, against the said Bill, according to
the Prayer of the said Petition.
Ly. Banastre's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
vesting in Trustees the Manors of Hasilton and Turkdean, in the County of Glocester, late the Estate of
Sir William Banastre Knight, deceased, to be sold, for
Payment of his Debts; and for making Provision for
his Daughters and Coheirs, pursuant to their several
Marriage Articles; and for other Purposes in the
said Act mentioned."
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. Bennet Senior and Mr. Godfrey:
To carry down the said Bill, and desire their Concurrence thereunto.
Order concerning Delivery of printed Cases, made a Standing Order.
The House (according to Order) proceeded to take
into Consideration the Motion made on the Nineteenth
of December last, for making the Order for the Delivery
of printed Cases to the Clerk of the Parliaments; or
Clerk Assistant, to be distributed to the Lords at least
Two Days before the Hearing of Causes, a Standing
Order.
And the same, being read, was declared to be a
Standing Order of this House; and ordered to be entered on the Roll of Standing Orders.
Sadler and Collier, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom the Petition of Peter Sadler Esquire
and others was referred; 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.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for
the Sale of the Moiety of a Farm called Stony
Grainge Farm, in the Isle of Ely, to Jabez Collier
Gentleman; and for applying the Money arising
thereby in the Purchase of other Lands, to be settled
to the same Uses."
Puleston's Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for
Sale of Part of the Estate of Thomas Puleston Esquire,
for discharging Debts and Incumbrances affecting the
same," was committed: "That they had considered
of the said Bill, and found the Allegations thereof
to be true; 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.
Hales & al. Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom the Petition of Stephen Hales Clerk
and others was referred; 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.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act to
enable Stephen Hales Clerk and Henry Carrington
Esquire to sell their undivided Moieties of the Freehold, Leasehold, and Copyhold Estates, at Much
Hadham, in the County of Hertford, late the Estate
of William Newce Esquire, deceased."
Visc. Kingsland versus Countess Dowager Tyrconnell.
The House being moved, "That the hearing the
Cause, wherein Nicholas Lord Viscount Kingsland is
Appellant, and Frances Countess Dowager of Tyrconnell is Respondent, which stands appointed for the
Twenty-second Instant, may be put off, in regard
there is a Cross Appeal, that so both Causes may be
heard together:"
Thereupon the Agents on both Sides attending:
They were called in; and desiring, "That the said
Hearing may be put off accordingly:"
And being withdrawn:
It is Ordered, That the Hearing the said Cause be
adjourned to Wednesday the Tenth Day of February
next; and that the Cross Appeal of the said Countess
Dowager of Tyrconnell be heard at the same Time.
Clark peremptorily to answer Lightburn's Appeal.
The House was informed; "That Samuel Clark
Esquire, who, by Order of this House, was required
to put in his Answers to the Two amended Appeals
of Stafford Lightburne Clerk and Hannah his Wife,
has not put in his Answers thereunto, though duly
served with the said Order for that Purpose."
Thereupon Thomas Cole was called in; and examined
upon Oath, at the Bar, touching the said Service.
And being withdrawn:
It is Ordered, That the said Samuel Clark do peremptorily put in his Answers to the said Appeals in a
Week.
Hester's Petition referred to Judges.
Upon reading the Petition of Anne Hester the Elder,
Relict of William Hester the Elder, late of London,
Merchant, deceased, and Anne Hester the Younger, her
Daughter, on Behalf of themselves, and of William
Hester, Son of the said William Hester the Elder; praying
Leave to bring in a Bill, for making effectual certain
Articles of Agreement, made between the Petitioners and
the said William Hester the Younger; and for vesting
in Trustees an Estate in White-horse Court, in Southwark, to enable them to convey the same, pursuant to
the said Articles, for Sale thereof:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice
Tracey 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.
Ld. Archibald Hamilton and Ld Parker's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
confirm and establish Articles of Agreement, between
Archibald Hamilton Esquire, commonly called Lord
Archibald Hamilton, of the one Part, and George
Parker Esquire, commonly called Lord Parker, and
other Trustees of a Charity therein mentioned, of
the other Part, for exchanging certain Lands, in the
County of Berks, belonging to the said Charity, for
other Lands, of a greater Value."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ds. Præses.
Dux Kent.
Dux Dorsett.
March. Tweeddale.
Comes Warwick.
Comes Essex.
Comes Yarmouth.
Comes Scarbrough.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Ilay.
Comes Uxbridge.
Comes Sussex.
Comes Cadogan.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount St. John.
Viscount Harcourt. |
Epus. Cestriens.
Epus. Oxon.
Epus. Lincoln.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Bristol.
Epus. Exon. |
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
Their Lordships, or any Five of them; to meet
on Wednesday the Twenty-seventh of this Instant
January, at Ten a Clock in the Forenoon, in the
Prince's Lodgings near the House of Peers; and
to adjourn as they please.
Fleetwood's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
vesting Part of the Estate of Richard Fletewood, late
of Rossall, in the County of Lancaster, Esquire, deceased, in Trustees, to be sold, for Payment of his
Debts and Legacies."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees before-named:
Their Lordships, or any Five of them; to meet on
the same Day, and at the same Place; and to
adjourn as they please.
Robinson & al. peremptorily to answer Lattin and Moor's Appeal.
The House was informed, "That George Robinson
and Anne his Wife, and William Court, who, by
Order of this House, of the Twenty-sixth of November last, were required to put in their Answer or
respective Answers to the Appeal of Patrick Lattin
and Michael Moore Esquires, on or before the Thirtyfirst of December following, have neglected to put
in their Answer thereunto, though duly served with
the said Order for that Purpose."
And thereupon an Affidavit, made by James Hartson
of Dublin Gentleman, of the said Service, being read:
It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers
to the said Appeal, in a Week.
Hawkins, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom the Petition of Dinah Hawkins, on
Behalf of herself and Children, was referred; 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.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for
vesting an Estate late of Henry Hawkins, Citizen and
Tallow Chandler of London, deceased, in Trustees,
to be sold; and for purchasing other Lands, to the
same Uses."
Bickford & Ux. versus Pendarves.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Bickford Esquire and Damaris his Wife are Appellants,
and Sir William Pendarves Knight and others are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Friday the Twelfth
Day of February next, at Eleven a Clock.
Swift to amend Answers, and bring a Cross Appeal.
A Petition of Elizabeth Swift Widow, and Dean
Swift an Infant, Respondents to Two Appeals of Stafford Lightburne Clerk and Hannah his Wife, was presented to the House, and read; praying Leave to
amend their Answers to the said Appeals, and to bring
their Cross Appeal to be heard at the same Time with
the Original Appeals:
Thereupon the Agents on both Sides were called in;
and examined, at the Bar, upon the Matters contained
in the said Petition.
And being withdrawn:
It is Ordered, That the Petitioners be at Liberty
to amend their said Answers, and bring a Cross Appeal,
to be heard at the same Time with the Original Appeals,
as desired.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum
esse usque ad et in diem Mercurii, decimum tertium diem
instantis Januarii, hora undecima Auror. Dominis sic
decernentibus.
DIE Mercurii, 13o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Cestriens.
Epus. Roffen.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon. |
Ds. Carleton, Præses.
Dux Somerset.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Wharton.
Dux Dorset.
Dux Bridgewater.
Comes Essex.
Comes Litchfield.
Comes Scarbrough.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Stair.
Comes Ilay.
Comes Sussex.
Comes Cadogan.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Harcourt. |
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Waldegrave.
Ds. Gower.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Bayne versus Commissioners forfeited Estates.
After hearing Counsel, upon the Petition and Appeal
of Alexander Bayne Advocate; complaining of a Decree,
or Sentence, of the Court of Delegates in Scotland,
made the Twenty-fourth Day of January last, in a
Cause wherein the said Alexander Bayne was Plaintiff,
and the Commissioners and Trustees for the forfeited
Estates were Defendants; and praying, "That the same
may be reversed:" As also upon the Answer of the
said Commissioners and Trustees put in to the said Appeal; and due Consideration and Debate had of what
was offered on either Side in this Cause:
Decree affirmed.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Petition and Appeal be, and is hereby, dismissed this
House; and that the said Decree, or Sentence, refusing
the Petition of the Appellant, and therein complained
of, be, and is hereby affirmed.
Message from H. C. to return Sir Wm Monson's Bill.
A Message was brought from the House of Commons,
by Mr. Plummer and others:
To return the Bill, intituled, "An Act to enable Sir
William Monson Baronet and George Monson Esquire,
and the Survivor of them, together with John Monson
Esquire, to convey and settle several Manors and
Lands, in the Counties of Lincoln, Hertford, and
Nottingham;" and to acquaint this House, that they
have agreed to the said Bill; without any Amendment.
Martin's Petition, for Copies of Deeds, rejected.
A Petition of Richard Martin Esquire, was presented
to the House, and read; praying, "That John Martin
Gentleman, Respondent to the Petitioner's Appeal,
may be ordered to permit the Petitioner, or his Agent,
to take true Copies of certain Deeds and Articles,
to the End he may be able to proceed to the Hearing
the said Appeal without Delay."
Thereupon Luke Martin, the Appellant's Agent, was
called in; and examined, at the Bar, touching the
Matters contained in the said Petition.
And being withdrawn:
It is Ordered, That the said Petition be rejected.
Hale's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
enable Stephen Hales Clerk and Henry Carrington
Esquire to sell their undivided Moieties of the Freehold, Leasehold, and Copyhold Estates, at Much
Hadham, in the County of Hertford, late the Estate
of William Newce Esquire, deceased."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ds. Præses.
Dux Kent.
Dux Wharton.
Dux Dorset.
Dux Bridgewater.
Comes Essex.
Comes Litchfield.
Comes Scarbrough.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Harcourt. |
Epus. Cestriens.
Epus. Lincoln.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Epus. Exon. |
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Waldegrave.
Ds. Gower.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Lechmere. |
Their Lordships, or any Five of them; to meet
on Thursday the Twenty-eighth Day of this
Instant January, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House
of Peers; and to adjourn as they please.
Eyre & al. versus Burke:
A Petition of Edward Eyre, Dennis Daly, and Nicholas Darcy, Esquires, was presented to the House, and
read; praying, "That the Hearing their Appeal, to
which Gerald Burke Esquire is Respondent, which
now stands for Friday next, may be put off to a further
Day."
Thereupon the Petitioners Agent, as also the Agent
for the Respondent, were called in, and examined at
the Bar.
And the Respondent's Agent consenting to the putting
off the said Hearing, that the Decree of the Court of
Exchequer in Ireland appealed from may be produced,
the same not being yet signed and passed:
And being withdrawn:
Hearing adjourned.
It is Ordered, That the Hearing the said Cause be
adjourned to Wednesday the Twenty-fourth Day of February next.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum
esse usque ad et in diem Jovis, decimum quartum diem
instantis Januarii, hora undecima Auroræ, Dominis sic
decernentibus.
DIE Jovis, 14o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon. |
Ds. Carleton, Præses.
Dux Kingston, Custos Privati Sigilli.
Dux Greenwich, Senescallus.
Dux Somerset.
Dux Montagu.
Dux Aucaster et Kesteven, Magnus Camerarius Angliæ.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Warwick & Holland.
Comes Peterborow & Monmouth.
Comes Clarendon & Rochester.
Comes Essex.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Uxbridge.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt. |
Ds. Percy.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Lynne.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Newburgh.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Boswell's Answer to Perry's Appeal.
This Day the Answer of William Boswell, to the
Appeal of John Perry, was brought in.
Hatfield versus Porter & al.
Upon reading the Petition and Appeal of Leonard
Hatfield Esquire; complaining of a Decree of the Court
of Exchequer in Ireland, made the Third Day of July
last, in certain Causes, wherein Jane Hatfield, alias Adams,
Widow and Relict of Leonard Hatfield Gentleman, deceased, was Plaintiff, and the Petitioner, and Henry
Cookman, Robert Rochfort, Nicholas Nugent and Elizabeth his Wife, and others, were Defendants; and
wherein the Petitioner was Plaintiff, and Richard Porter
and Jane his Wife were Defendants; and praying,
"That the same may be reversed:"
And it appearing, that the said Decree was not made
up and entered till the Third of December last:
It is Ordered, That the said Jane Hatfield alias
Adams, and the said Richard Porter, and Henry Cookman,
may have a Copy of the said Appeal; and shall and
they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before
Thursday the Eighteenth Day of February next; and
that Service of this Order on the Respondents Clerks,
or Attornies, in the said Court of Exchequer in Ireland,
be deemed good Service.
Sir Edward Blacket & al. Petition referred to Judges.
Upon reading the Petition of Sir Edward Blacket
Baronet, John Blacket Esquire, and Christopher Blacket;
praying Leave to bring in a Bill, for Sale of the Manor
of Grisby Dindsdale, Closes and Tithes, in the Counties
of York and Durham, for paying off and discharging
the Sum of Eight Thousand Pounds, to Diana Blacket,
the Daughter and only Child of William Blacket and
Diana his Wife, both deceased:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Baron Price
and Mr. Justice Denton; 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.
Tham versus Sheriffs.
Upon reading the Petition and Appeal of Volrath
Tham Merchant in Gottenburgh; complaining of Two
Interlocutories of the Lords of Session in Scotland, of
the Twenty-fifth of July and Twenty-sixth of December last, in a Cause wherein the Petitioner was
Plaintiff, and Charles Sheriff and Richard Sheriff, and
others, were Defendants; and praying, "That the same
may be reversed:"
It is Ordered, That the said Charles Sheriff and
Richard Sheriff may have a Copy of the said Appeal;
and shall and they are hereby required to put in their
Answer or respective Answers thereunto, in Writing, on
or before Thursday the Eleventh Day of February next;
and that Service of this Order on the Respondents Agent,
or Writer, in the said Court of Session in Scotland,
be deemed good Service.
Elections of Mayors, &c. of Corporations, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
preventing the Inconveniencies arising for Want of
Elections of Mayors or other Chief Magistrates
of Boroughs or Corporations being made upon the
Days appointed by Charter or Usage for that Purpose; and directing in what Manner such Elections
shall be afterwards made."
Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow; and
the Lords to be summoned; and that the Judges do
then attend.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum
esse usque ad et in diem Veneris, decimum quintum diem
instantis Januarii, hora undecima Auroræ, Dominis sic
decernentibus.
DIE Veneris, 15o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon. |
Ds. Carleton, Præses.
Dux Kingston, Custos Privati Sigilli.
Dux Greenwich, Senescallus.
Dux Somerset.
Dux Rutland.
Dux Montrose.
Dux Kent.
Dux Ancaster et Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Warwick.
Comes Litchfield.
Comes Coventry.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Tadcaster.
Viscount St. John.
Viscount Harcourt. |
Ds. Percy.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Bruce.
Ds. Lynne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Newburgh.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Warburton & al. Answers to Napier's Appeal.
The Answer of Sir George Warburton and John Coppin
Esquire:
As also, the Answer of Francis Brace Gentleman, to
the Appeal of Sir John Napier Baronet, an Infant, by
his Guardian;
Were this Day brought in.
Puleston's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
Sale of Part of the Estate of Thomas Puleston Esquire,
for discharging Debts and Incumbrances affecting
the same."
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. Bennet Senior and Mr. Godfrey:
To carry down the said Bill, and desire their Concurrence thereunto.
Hawkins's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
vesting an Estate late of Henry Hawkins, Citizen
and Tallow Chandler, of London, deceased, in Trustees, to be sold; and for purchasing other Lands, to
the same Uses."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet.)
|
Ds. Præses.
Dux Kent.
Dux Dorset.
March. Tweeddale.
Comes Warwick.
Comes Litchfield.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount St. John.
Viscount Harcourt. |
Epus. Cestriens.
Epus. Oxon.
Epus. Lincoln.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Bristol.
Epus. Exon. |
Ds. Percy.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Lynne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
Their Lordships, or any Five of them; to meet
on Friday the Twenty-ninth Day of this Instant
January, at Ten a Clock in the Forenoon, in
the Prince's Lodgings near the House of Peers;
and to adjourn as they please.
Sadler and Collier's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
the Sale of the Moiety of a Farm called Stony
Grainge Farm, in the Isle of Ely, to Jabez Collier
Gentleman; and for applying the Money arising
thereby in the Purchase of other Lands, to be settled
to the same Uses."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees before-named:
Their Lordships, or any Five of them; to meet on
the same Day, at the same Place; and to adjourn
as they please.
Mitchell to amend Appeal.
A Petition of William Mitchell, of the City of London,
Merchant, was presented to the House, and read;
setting forth, "That, on the Twenty-sixth of November
last, the Petitioner preferred his Appeal, complaining of several Orders and Proceedings of the Court
of Chancery in Ireland, wherein the Petitioner was
Plaintiff, and Robert Craig, William Denniston, and
the Creditors of the said Craig, (videlicet,) John
Lord Moore Baron of Tullamore, Mathew Handcock,
James Kennedy, Nicholas Cashell, Arthur Miller, Stephen
Godfrey, Thady Coan, Sir Arthur Acheson, Dame
Anne his Wife, Mary Savage, and William Nesbitt,
were Defendants; but therein only in general Terms
prayed, "that the Heir and Executor of George Denniston, and also the Creditors of the said Craig, might
answer the said Appeal;" and praying Leave to amend
the same, by inserting the Names of the Heir and
Executor of the said George Denniston, and also the
Names of the respective Creditors of the said Craig,
who were Parties in the said Cause in the said Court
of Chancery; and that the said Heir and Executor,
and also the said Creditors, by their respective Names,
may put in their Answers to the said Appeal:"
Thereupon, Thomas Cole, the Petitioner's Agent, was
called in; and examined, at the Bar, touching the
Matter of the said Petition.
And being withdrawn;
It is Ordered, That Leave be given to amend the
said Appeal, according to the Prayer of the said Petition;
and that the several new Parties may have a Copy
thereof; and shall and they are hereby required to put
in their Answer or respective Answers thereunto, in
Writing, on or before Friday the Nineteenth Day of
February next.
Mr. Edgworth to have a Writing delivered to him, or his Agent.
A Petition of Edward Edgworth Esquire, was presented to the House, and read; praying, "That Thomas
Carter Esquire, One of the Officers of the Court of
King's Bench in Ireland, may be required to deliver,
to such Person as the Petitioner shall appoint, an Instrument, or Paper Writing, dated the Tenth of
November 1716, lodged in the Hands of the said
Carter by Order of the said Court, to be made Use
of on hearing the Petitioner's Appeal."
Thereupon the Petitioner and Thomas Cole the Respondent's Agent were called in; and heard, at the
Bar.
And the said Cole consenting, "That the Petitioner
might have the said Paper, on Condition that the said
Hearing may not be further delayed, but come on
peremptorily on the Day appointed:"
And being withdrawn:
It is Ordered, That the said Officer of the Court
of King's Bench do forthwith deliver to the Appellant,
or his Agent, the Instrument, or Paper Writing, in the
said Petition mentioned; the Respondent's Agent having
consented thereto, on Condition the said Cause be peremptorily heard on the Day appointed.
Elections of Mayors of Corporations, Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee upon the Bill, intituled, "An Act for preventing the Inconveniencies
arising for Want of Elections of Mayors or other
Chief Magistrates of Boroughs or Corporations
being made upon the Days appointed by Charter
or Usage for that Purpose; and directing in what
Manner such Elections shall be afterwards made."
And, after some Time spent therein, the House was
resumed.
And the Lord Delawarr reported from the said Committee, "That they had gone through the said Bill, and
directed him to report the same to the House, without any Amendment."
Ordered, That the said Bill be read the Third
Time on Tuesday next; and the Lords to be summoned.
Graham versus Sympson.
The Lord Chief Justice of the Court of King's Bench,
in the usual Manner, brought up the Transcript of the
Record upon a Writ of Error, wherein James Graham
is Plaintiff, and William Sympson Defendant.
Visc. Irwin & al. Petition referred to Judges.
Upon reading the Petition of Arthur Lord Ingram
Viscount Irwin in that Part of Great Britain called
Scotland, and Isabella Viscountess Dowager Irwin his
Mother, surviving Executrix of John Ingram Esquire,
deceased, and of the Honourable Henry Ingram, George,
Charles, and William Ingrams, and of Arthur Ingram of
Barraby in the County of York Esquire; praying
Leave to bring in a Bill, to raise Money upon certain
Estates, in the Counties of York, Lincoln, Oxon, and
City of London, for Payment of the Debts, Legacies,
and Portions, charged thereupon; and to settle the
Estates in Hertfordshire and Knottingley, in the said
County of York, for the Purposes therein mentioned;
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Baron Price
and Mr. Justice Denton; 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.
Perry & al. versus Boswell.
The House being moved, "That a Day may be
appointed, for hearing the Cause wherein John Perry
is Appellant, and William Boswell Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Saturday the
Thirteenth Day of February next, at Eleven a Clock.
Emelie & al. versus Sir J. Ellwill & al.
Whereas To-morrow is appointed, for hearing the
Cause wherein John Emilie and others are Appellants,
and Sir John Elwill Baronet and others are Respondents:
Causes put off.
It is Ordered, That the Hearing the said Cause be
adjourned to Wednesday next; and the other Causes on
Cause-days removed in Course.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum
esse usque ad et in diem Martis, decimum nonum diem
instantis Januarii, hora undecima Auror. Dominis sic
decernentibus.
DIE Martis, 19o. Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol. |
Ds. Carleton, Præses.
Dux Kingston, Custos Privati Sigilli.
Dux Greenwich, Senescallus.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Dorset.
Comes Leicester.
Comes Westmorland.
Comes Clarendon & Rochester.
Comes Yarmouth.
Comes Scarbrough.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Bristol.
Comes Sussex.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt. |
Ds. Percy.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Guilford.
Ds. Ashburnham.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Clarke's Answer to Lightburn's Appeal.
The Answer of Samuel Clarke Esquire, One of the
Assignees of the Commissioners named in a Commission of
Bankrupt formerly issued against Carleton Goddard Merchant, One of the Respondents to the Appeal of Stafford
Lightburne Clerk and Hannah his Wife:
Also, the Answer of the said Samuel Clarke, to an
Appeal of the same Parties in another Cause;
Were brought in Yesterday.
Mrs. Rushout & al. Leave for a Bill.
Upon reading the Petition of Elizabeth Rushout, only
Daughter and Heir of Sir James Rushout Baronet, deceased, Thomas Dibble Rector of the Parish Church of
Over Swell in the County of Gloucester Clerk, and
Stephan Mathews Churchwarden of the said Parish;
praying Leave to bring in a Bill, to enable the Petitioner Elizabeth Rushout, Lady of the Manor of Over
Swell, to enclose all and every the Lands lying within
the said Manor or Parish of Over Swell, in Pursuance
of several Agreements in the said Petition mentioned;
and to establish the said Agreements:
It is Ordered, That Leave be given to bring in a
Bill, according to the Prayer of the said Petition.
Croston Common to enclose, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enclose the Common and Tract of Land, called Croston
Finney, in the County of Lancaster," was committed:
That the Committee had considered the said Bill;
and heard Counsel, as well on the Petitions against
the same, as of the Prosecutors of the Bill; and had
gone through the same, and made several Amendments thereto."
Which, being read Twice, were agreed to.
Ordered, That the Bill, with the Amendments, be
engrossed.
Brown L. Kenmare's Petition referred to Judges.
Upon reading the Petition of Valentine Brown Esquire,
commonly called Lord Kenmare in the Kingdom of
Ireland; praying Leave to bring in a Bill, for Sale or
Mortgage of Part of the Petitioner's Estate, in the
Counties of Lymerick, Cork, and Kerry, in the said
Kingdom, to raise Money to pay and discharge his
Debts; and to make Leases of such Part of the said
Estate as shall remain unsold, for Ninety-nine Years, not
to lessen the present Rents:
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. 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.
Sharp to enter into Recognizance for Youngs' Appeal.
The House being moved, "That John Sharp Gentleman may be permitted to enter into a Recognizance
for Mary Young Widow and Arthur Young Clerk,
on Account of their Appeal depending in this House;
to which William Burdett and Frances his Wife and
John Sutton are Respondents; the Appellants being
at a Distance in the Country:"
It is Ordered, That the said John Sharp may enter
into a Recognizance for the said Appellants, as desired.
Adams brought to the Bar, and examined concerning scandalous Words against the House, and the E. of Suffolk.
Nicholas Adams was (according to Order) brought to
the Bar, by the Gentleman Usher of the Black Rod, to
answer for his Offence; he being charged, upon Oath,
with speaking insolent, scandalous, and contemptuous
Words, reflecting on the Honour of this House, and
the Earl of Suffolk.
And, being acquainted by the Lord on the Woolsack
with the Offence whereof he stands accused; he denied
he spake any such Words.
Whereupon Mathias Cater, John Eldridge, and
Martha Coleby, the Persons who gave Evidence against
him, attending; they were called in; and all severally
again declared, upon Oath, at the Bar, "That the
said Adams spoke the Words formerly charged upon
him."
Then he being asked, "If he had any Thing to
offer in his Justification?"
At his Desire, Liberty was given him to produce
Witnesses to that Purpose.
Accordingly, Thomas Scrivens, Richard Sheppard,
Elizabeth Partridge, Arthur Melton, William Satchwell,
and John Gardner, attending at the Bar, were sworn; and
severally examined on the Behalf of the said Adams.
And the Two Witnesses first named speaking to the
Disreputatation of the said Cater:
He produced William Stewart, Hugh Morgan, John
Jerman, and Elizabeth Gratorix; who, being sworn,
were, at the Instance of the said Cater, severally examined, and gave him a good Character.
After which, they were all directed to withdraw.
And it having been mentioned, at the Bar, in the
abovementioned Examination, "That John Millard (a
Witness, formerly produced and examined, at the
Instance of Henry Partridge, in Custody for the like
Offence with Adams) had received a written Protection,
supposed to be from the Earl of Suffolk, since the
said Millard's Examination:"
The following Order was made:
"Ordered, That, on Thursday next, this House
will take this Matter into further Consideration; and
that the said Adams be then brought again to the
Bar; and the several Informants against him to attend; and also, that Henry Plowman at The Red Cow
in St. George's Fields, and Philip Hind in Dolphin
Yard, West-Smithfield, do likewise attend; as also
the said John Millard, who is to bring with him the
written Protection of the said Earl, mentioned to be
lately given him: And further, That the said Adams
be at Liberty to produce such other Persons as he
may think material in his Defence, to be examined at
the same Time."
Jones's Wife and Servants to attend.
Ordered, That the Wife and Servants of David
Jones, alledged to be the Author of a printed Book,
intituled, "A New Description of England and Wales,"
be, and are hereby, required to attend this House on
Thursday next, to give an Account of the said David
Jones; it having been printed in some of the late News
Papers, that the said Jones was dead.
Sir Gervas Clifton & al. Petition referred to Judges.
Upon reading the Petition of Sir Gervas Clifton
Baronet, Dame Anne Clifton his Wife, and Robert
Cliston Esquire their Son and Heir Apparent; praying
Leave to bring in a Bill, to prevent Doubts which may
arise by an Act of the First Session of this Parliament,
in relation to the said Sir Gervas, with respect to his
Power to limit a Jointure:
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. Justice
Denton; 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.
Elections of Mayors of Corporations, Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for
preventing the Inconveniencies arising for Want of
Elections of Mayors or other Chief Magistrates of
Boroughs or Corporations being made upon the
Days appointed by Charter or Usage for that Purpose; and directing in what Manner such Elections
shall be afterwards made."
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. Lightboun and Mr. Conway:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Cummun.
Placitor. declaravit præsens Parliamentum continuandum
esse usque ad et in diem Mercurii, vicesimum diem instantis Januarii, hora undecima Auroræ, Dominis sic
decernentibus.
Die Jovis, 25o Novembris, 1725,
hitherto examined by us,
Jo. Carliol.
Jo. Norwich.
De Lawarr.
DIE Mercurii, 20o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Cestriens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol. |
Ds. Carleton, Præses.
Dux Greenwich, Senescallus.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Montrose.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
Comes Westmorland.
Comes Scarbrough.
Comes Coventry.
Comes Godolphin.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Bristol.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Tadcaster.
Viscount St. John.
Viscount Harcourt. |
Ds. Percy.
Ds. Delawarr.
Ds. Compton.
Ds. Cornwallis.
Ds. Arundell.
Ds. Ashburnham.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
O Brien versus Burke.
The Answer of Richard Burke Gentleman and Elizabeth his Wife, to the Appeal of Christopher O Brien
Esquire:
Campbells versus Campbell.
As also the Answer of Marion, Anne, and Elizabeth
Campbells, Infants, by their Tutors and Curators, to the
Appeal of George Campbell Surgeon;
Were brought in this Day.
Emilie et al. versus Sir John Elwill et al.
After hearing Counsel, upon the Petition and Appeal
of John Emilie, Miles West and Martha his Wife, late
Martha Emilie, and Samuel Longuett; which said John
Martha, and Samuel, are the Executors of the last Will
and Testament of Martha Emilie Widow, deceased;
complaining of an Order, or Decree, of the Court of
Chancery, made the First of February last, in a Cause
wherein the Appellants were Plaintiffs, and Sir John
Elwill Baronet, Francis Emilie and Frances his Wife,
were Defendants; and praying, "That the same may
be reversed:" As also upon the Answers of the said
Sir John Elwill, and Francis Emilie and his Wife, put
in to the said Appeal; and due Consideration had of
what was offered on either Side in this Cause:
Decree affirmed.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Petition and Appeal be, and is hereby, dismissed this
House; and that the Order, or Decree, therein complained of, be, and is hereby, affirmed.
Duke and Dutchess of Bolton, Petition referred to Judges.
Upon reading the Petition of Charles Duke of Bolton
and Anne Dutchess of Bolton; praying Leave to bring
in a Bill, to enable the said Duke, with the Consent of
the said Dutchess, to raise such Sum of Money, out of
the Estate of the said Dutchess, as they shall think fit:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice
Tracey 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.
Croston Common, to enclose, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to enclose the Common and Tract of Land called
Croston Finney, in the County of Lancaster."
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. Lightboun and Mr. Conway:
To carry down the said Bill, and desire their Concurrence thereunto.
Campbell versus Campbells.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Campbell of Edinburgh Surgeon, is Appellant, and Marion,
Anne, and Elizabeth Campbells, by their Tutors and
Curators, are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the Fifteenth
Day of February next, at Eleven a Clock.
Plealings proved, in the Cause between Hatfield and Porter.
The House being informed, "That Mathew Connor
attended, with several Pleadings and Proceedings, to
be made Use of on hearing the Cause wherein Leonard
Hatfield Esquire is Appellant, and Jane Porter and
others are Respondents, on Behalf of the said Appellant; and desired now to prove the same to be true
Copies."
He was thereupon called in, and delivered the said
several Pleadings and Proceedings to the Clerk, at the
Bar; and attested upon Oath, "That the same were
true Copies, he having examined them with the Originals in the proper Offices in Ireland."
And then withdrew.
Swift versus Lightburne et al.
Upon reading the Petition and Appeal of Elizabeth
Swift Widow, and Dean Swift an Infant, by the said
Elizabeth his Mother and Guardian; complaining of
several Orders, or Decrees, of the Court of Exchequer
in Ireland, of the Twenty-second of June, the Twentysecond of November, the Twenty-fifth and Twentyseventh of February, 1715; the Fourteenth of November
and Eleventh of December 1716; the Fifteenth of July
1717, the Fifth of December 1719, and the Fourteenth
of December 1721; and the Report and other Proceedings in the Cause wherein Stafford Lightburne
Clerk and Hannah his Wife were Plaintiffs, and the
Petitioners and others were Defendants; and praying,
"That the same may be reversed, and the Plaintiffs
Original Bill dismissed with Costs; and that the Petitioners may, in all Events, be protected from being
obliged to pay the Money Twice."
It is Ordered, That the said Stafford Lightburne
and Hannah his Wife, and Samuel Clarke, may have a Copy
of the said Appeal; and shall and they are hereby required
to put in their Answer or respective Answers thereunto,
in Writing, on or before Wednesday the Twenty-fourth
Day of February next.
Sharter to enter into a Recognizance for Tham.
The House being moved, "That John Sharrer of
London Merchant may be permitted to enter into a
Recognizance for Volrath Tham, on account of his
Appeal depending in this House, to which Charles
Sheriff and Richard Sheriff are Respondents; the Appellant being out of the Kingdom:"
It is Ordered, That the said John Sharrer may enter into a Recognizance for the said Appellant, as desired.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum primum diem instantis Januarii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Jovis, 21o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Winton.
Epus. Cestriens.
Epus. Asaphens.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Bristol. |
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Rutland.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Dorset.
Comes Suffolk.
Comes Westmorland.
Comes Yarmouth.
Comes Scarbrough.
Comes Coventry.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount St. John.
Viscount Harcourt. |
Ds. Percy.
Ds. Delawarr.
Ds. Hunsdon.
Ds. St. John Blets.
Ds. Compton.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Weston.
Ds. Gower.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Swift versus Lightburne.
The Answer of Stafford Lightburne and Hannah his
Wife, to the Appeal of Elizabeth Swift Widow, and
Dean Swift an Infant, by the said Elizabeth his Mother
and Guardian, was brought in this Day.
Hearing appointed.
The House being moved, "That a Day may be appointed, for hearing the Causes wherein Stafford Lightburne Clerk and Hannah his Wife are Appellants, and
Elizabeth Swift Widow, and Dean Swift an Infant,
and Samuel Clarke Esquire, are Respondents; and
wherein the said Elizabeth Swift and Dean Swift are
Appellants, and the said Stafford Lightburne and his
Wife, and Samuel Clarke, are Respondents:"
It is Ordered, That this House will hear the said
Causes, by Counsel, at the Bar, on Wednesday the Seventeenth Day of February next, at Eleven a Clock.
E. Cavan versus Piggot.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Richard Earl
of Cavan and Thomas Piggot Gentleman are Appellants, and Robert Piggot Gentleman is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Friday the Nineteenth Day of February next, at Eleven a Clock.
Bishop Gloucester et al. Petition referred to Judges.
Upon reading the Petition of Joseph Lord Bishop of
Glocester and John Frankland Dean of the said Church;
and also of Dennis Cooke, John Cocks, Thomas Browne,
William Hodges, Stephen Cooke, George Savage, and Robert Futter, Esquires, the Trustees of the Will of Mr.
Timothy Nourse, deceased; praying Leave to bring in a
Bill, for repealing so much of the Act of the First
Year of Her late Majesty Queen Anne, for incorporating certain Persons, for the better providing for and
setting at Work the Poor of the City of Gloucester, as
directs the Election of Twenty-four of the Guardians
out of the Inhabitants of the respective Parishes of the
said City, and gives them the Management of the Poor
thereof; and, that the said Charities may be truly and
honestly applied, that the same may be put under the
Direction and Management of the said Mr. Nourse's
Trustees, and such other Persons as may be thought
meet:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice
Dormer and Mr. Justice Denton; 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.
Mrs. Jones examined, touching her Husband's Death.
The Wife of David Jones, alledged to be the Author
of a printed Book, intituled, "A New Description of
England and Wales," attending (according to the Order on Tuesday last):
She was called in: And being examined concerning
the Report in some printed News Papers of her Husband's being dead; she attested, upon Oath, at the
Bar, "That he died, at one Mrs. Sheppard's, the Fourth
of December last, at The Paul's Head Ale-house, she
being present at his Death; and that he was buried in
St. Paul's Church Yard; and that she had no Servant
lived there at that Time."
And then she withdrew.
Adams et al. further examined, concerning scandalous Words against the House and the E. of Suffolk.
The House (according to Order) proceeded to take
into further Consideration the Matter in relation to the
Examination on Tuesday last, concerning insolent, scandalous, and contemptuous Words, alledged to be spoken
by Nicholas Adams, reflecting on the Honour of this House
and the Earl of Suffolk.
And the said Adams was brought to the Bar, by the
Gentleman Usher of the Black Rod.
And Mathias Cater, John Eldridge, and Martha Coleby,
who gave Evidence against him, together with several
other Persons attending, were called in.
And John Millárd was produced by the said Adams;
and being sworn, and examined, as to the written Protection said to be lately given, he delivered it in, signed
["Suffolk]".
And the same was read.
And being asked, "Of whom he received it?" He
declared, "It was given him by one Mason; who told
him, "He brought it from Mr. Cater, One of the Informants abovementioned."
And, being further examined, acquainted the House,
That he was insulted by the said Eldridge, One other
of the Informants, on Account of the Evidence he the
said Millard gave at the Bar, on his former Examination."
Then the said Mason was called for, in order to be
examined in relation to the Matter abovementioned.
But he not attending; John Combes was sworn, and,
at the Instance of the said Adams, asked, "If he had
any Protection?" Who answering in the Affirmative,
he was directed to produce it; and accordingly he
produced a written Paper to that Purpose, signed
["Suffolk"].
Which was read.
And being asked of whom he received it? He acquainted the House, "He had it from one Philip Lassells; to whom he paid Money on that Occasion, as
also to one Richard Luckin."
Then Pasko Wills, being produced by the said Adams,
was sworn, and examined as to the Character of John
Eldridge and Martha Coleby, Two of the Informants
against the said Adams; and gave them both a very bad
Character, especially Martha Coleby.
Next, Henry Plowman was likewise sworn, and examined as to his Knowledge of written Protections; and
acquainted the House, "He had One from the Earl of
Suffolk about a Twelvemonth ago, and received it
from one Mr. Owner; but had it not to produce,
having made it away some Months ago."
Then John Winter was sworn, and examined to the
same Matter; and acquainted the House, "He had a
Protection, in Writing, from the Earl of Suffolk, about
a Year and an Half ago; but could not produce it at
present."
Next, Philip Hind, being sworn, and examined to the
same Matter, owned, "He had a written Protection of the
Earl of Suffolk's so long since as June last was Twelvemonth; but had lost it." He declared, "Mr. Owner procured it for him, but he received it from the said Earl's
own Hand." And, being further examined, acquainted
the House, "That Cater aforementioned, and one John
Lefebure, endeavoured to induce him to pay Money
on that Occasion; which, they told him, other People
did."
Then the said Mathias Cater was sworn, and examined in relation to the Matters abovementioned, and confronted with the said John Millard.
And John Lesebvre aforenamed was likewise examined, upon Oath, touching the same Matter.
And then Richard Machen Esquire was produced by
the said Adams; and, being sworn, was examined with
relation to the Character of Mathias Cater.
After which, they were all directed to withdraw.
Cater et al. atrached, for procuring written Protections.
Ordered, That the said Mathias Cater, Richard
Luckin, Philip Lassells, Owner, and Mason,
for their being concerned in procuring written Protections, in Breach of the Standing Orders of this House,
be forthwith attached by the Gentleman Usher of the
Black Rod, and kept in safe Custody till further Order.
Next, the Standing Order, in relation to the Extent
of Privilege, as also that directing the Lords who
complain of a Breach of Privilege to pay the Fees of
the Persons taken into Custody, in Case the Matter complained of proves no Breach of Privilege, was read.
As likewise the Standing Order lately made touching written Protections.
Partridge and Adams discharged, without Fees.
Ordered, That Henry Partridge and Nicholas Adams,
in Custody of the Gentleman Usher of the Black Rod,
on the Complaint of the Earl of Suffolk, be forthwith
discharged, without their paying any Fees; and that the
Order for taking James Bishop into Custody, on the same
Complaint, be discharged.
Earl of Suffolk heard; and voted guilty:
Then the Earl of Suffolk was heard in his Place.
And withdrew.
Resolved, That the said Earl has been guilty of
granting several Protections, in Writing, in Breach of
the Standing Orders, and to the Dishonour, of this
House, as likewise to the Obstruction of Public Justice.
Black Rod to convey him to The Tower.
Ordered, That the Gentleman Usher of the Black
Rod attending this House do take into his Custody the
Body of the said Earl of Suffolk, and him safely convey
to His Majesty's Tower of London, and deliver him to
the Constable of the said Tower, or, in his Absence, to
the Lieutenant or Deputy Lieutenant of the same; and
that the said Constable, Lieutenant, or Deputy Lieutenant, do receive the Body of the said Earl, and him keep
in safe Custody there, for his said Offence, during the
Pleasure of this House.
To Sir William Sandcrson Knight and Baronet, Gentleman Usher of the Black
Rod; and to the Constable of The Tower
of London, and, in his Absence, to the
Lieutenant or Deputy Lieutenant of
the same.
Committee Privileges discharged from proceeding on his Complaint.
Ordered, That the Committee of Privileges be discharged from proceeding upon that Part of the Complaint of the said Earl of Suffolk, as was referred to the
said Committee the Eleventh of December last, in relation to the arresting of Mathias Cater abovementioned.
Payment of the Fees of Persons attached on his Complaint.
Ordered, That, on this Day Sevennight, this House
will take into Consideration the Payment of the Fees of
the Persons taken into Custody, upon the Complaint of
the said Earl of Suffolk.
Adjourn.
Petrus King Miles, Capital. Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum secundum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 22o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Cestriens.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol. |
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Montrose.
Dux Kent.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Warwick.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Ferrers.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Scale.
Viscount Tadcaster.
Viscount St. John.
Viscount Harcourt. |
Ds. Delawarr.
Ds. Maynard.
Ds. Cornwallis.
Ds. Arundell Tr.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Bathurst.
Ds. Onslow.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Lattin versus Robinson et al.
The Answer of George Robinson and his Wife, and of
William Court, to the Appeal of Patrick Lattin and
Michael Moore Esquires, was this Day brought in.
Governor et al. of the Poor of Gloucester, Petition referred to Judges.
Upon reading the Petition of the Governor and Deputy Governor, Doctor Nathaniel Lye Archdeacon of
Gloucester, James Furney and Gabriel Harris, Two of the
Aldermen of the City of Gloucester, Francis Yate, John
Knowles, Daniel Bryan, and Nathaniel Lye, Gentlemen,
the surviving Guardians of the Poor of and for the
City of Gloucester and County of the same City, elected
by the Inhabitants of the respective Parishes of the said
City; praying Leave to bring in a Bill, for repealing
so much of the Act of the First Year of Her late Majesty Queen Anne, for incorporating certain Persons, for
the better providing for and setting at Work the Poor
of the City of Gloucester, as directs the Election of
Twenty-four of the Guardians out of the Inhabitants of
the respective Parishes of the said City, and gives them
the Management of the Poor thereof; and, that the said
Charities may be truly and honestly applied, that the
same may be put under the Direction and Management
of the Trustees of the Will of Mr. Timotby Nourse, deceased, and such other Persons as may be thought
meet:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the same Judges
to whom the Petition of the Lord Bishop of Glocester and
others, presented Yesterday for the like Purpose, stands
referred.
Blake versus Sir Walter Blake, Decree reversed in Part, with Directions.
After hearing Counsel, upon the Petition and Appeal
of Thomas Blake Esquire; complaining of a Decree of
the High Court of Chancery in Ireland, made the Eighteenth Day of February 1719, and an Affirmance thereof
the Ninth of July 1723, in certain Causes, wherein the
Appellant was Plaintiff, and Sir Walter Blake Baronet
and others were Desendants; et è contra; and praying,
That the same may be reversed:" As also upon the
Answer of the said Sir Walter Blake, Patrick French, and
Walter Taylor, put in to the said Appeal; and due Consideration and Debate had of what was offered on either
Side in the said Causes:
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That so much of
the said Decree of the Eighteenth of February 1719, as
orders, adjudges, and decrees, "That the Lands and
Woods of Clonmoylanemore, Clonmoylanebegg, Kelbrack,
and Kelclinegan, alias Duniry Wood, were purchased in
Trust for the Respondent Sir Walter Blake; and that
the Third Part of the said Lands and Woods be decreed to the Appellant Thomas Blake, as a Protestant
Discoverer, upon the Popery Act; and that the Assignment of the Lease, taken by the Desendant Taylor, of
the Farm and Lands of Clare, was taken in Trust for
the Respondent Sir Walter Blake, and be decreed to
the Appellant Thomas Blake, as a Protestant Discoverer;
and that the Appellant Thomas Blake's Bill be dismissed,
without Prejudice as to the Demand of the Execution of
the Marriage Articles, there not being proper Parties
before the Court; and that Sir Walter Blake's Cross
Bill be dismissed," be affirmed, and the same is hereby
affirmed; and as to all the rest and Residue of the said
Decree, as also the said Decree of Affirmance made the
Ninth of July 1723, the same are hereby reversed: And
it is hereby further Declared, Ordered, and Adjudged, That the Lands of Ballindoola and Gortechalla
were conveyed in Trust for the Respondent Sir Walter
Blake; and the same, being so conveyed, are hereby
ordered and decreed to the Appellant Thomas Blake, as
a Protestant Discoverer, according to such Estates and
Interest as the same were respectively purchased by or
in Trust for the said Sir Walter Blake; and the Court
of Chancery in Ireland are forthwith to put the said
Appellant Thomas Blake into the quiet and peaccable
Possession of the said Lands and Woods of Clonmoylanemore, Clonmoylancbcgg, Kelbrack, and Kelclinegan, alias
Duniry Wood, and of the said Farm and Lands of Clare,
and of the said Lands of Ballindoola and Gortechalla;
and that the Respondent Sir Walter Blake do convey
and procure all Persons, to whom any Conveyances
were made of the Premises, or of any Part thereof, in
Trust for him, to convey the same to the Appellant
Thomas Blake, by such Conveyances, and in such Manner, as the Master shall direct and approve; and also
shall assign over, and procure to be assigned over as
aforesaid, for the Benefit of the said Protestant Discoverer, by the Direction of the Master, any subsisting
Incumbrances or Securities taken in by any of them, or
in Trust for them or any of them, to protect or cover
the Premises or any Part thereof; and the Respondents
are to produce, upon Oath, before the Master, all
Deeds and Writings in their Custody or Power, relating to the Lands hereby decreed to the Appellant; and
such as concern the Estates purchased for the sole Use
and Benefit of the Respondent Sir Walter Blake shall
be delivered to the Appellant; and such as concern the
Estates purchased for the Use or Benefit of the said
Sir Walter Blake and others shall be secured and disposed of by the Court, for the Use and Benefit of the
Appellant and the other Purchasers, with Liberty for
the Appellant to have Copies of the same at his own
Costs, and to resort to the Originals as there shall be
Occasion: And it is hereby further Ordered and Adjudged, That the Respondent Sir Walter Blake do ac
compt before the Master, unto the Appellant Thomas
Blake, for the Rents and Profits of the said Lands, by
Fall of Timber, Woods, or otherwise, hereby decreed
to the said Appellant; and for what he the said Sir Walter Blake, or any Person for his Benefit, hath had, made,
or received, out of, or from, the said Lands and Premises hereby decreed to the Appellant, from the Time
that the Respondent Sir Walter Blake, or any in Trust
for him, hath had Possession of the said Premises, or
took any of the Profits thereof, by virtue of or under
the several Conveyances made to him, or to any in
Trust for him; and that, in taking the said Accompt,
all Parties are to be examined upon Interrogatories before the Master; and the Master is to be armed with a
Commission for Examination of Witnesses, if Occasion
be, and all just Allowances are to be made to all Parties; and what shall appear on such Accompt to have
been received, had, or made, by the said Sir Walter
Blake, or any in Trust for him, from the Time aforesaid, shall be paid to the said Appellant Thomas Blake,
his Heirs, Executors, or Administrators, to his or their
own Use and Benefit: And as to the Maintenance prayed
by the Appellant Thomas Blake's Bill; it is hereby
Ordered and Adjudged, That the Respondent Sir
Walter Blake do pay, out of his Estate, the Sum of Two
Hundred Pounds per Annum, unto the Appellant Thomas
Blake, free of all Deductions whatsoever, from the Time
of filing his said Bill, and do continue the Payment of
the same Half-yearly, until the Time that he the said
Thomas Blake shall be put into the peaceable and quiet
Possession of the several Lands and Estates hereby decreed to him, and until the said Rents and Profits to be
accompted for to him by this Decree be answered and
paid to him; and the Dismission of Sir Walter Blake's Cross
Bill is hereby, as before, ordered to be affirmed; but
it is hereby Ordered and Adjudged to be with Costs,
to be taxed by the said Court of Chancery, as usual in
such Cases: And it is hereby further Ordered, That
the said Court do give such Direction for the executing
this Judgement as shall be just.
Lord and Lady Effingham versus Sir John Napier; et è contra.
Whereas To-morrow is appointed, for hearing the
Cause wherein Thomas Lord Howard of Effingham and
Elizabeth Lady Effingham his Wife are Appellants, and
Sir John Napier Baronet, an Infant, by his Guardian
and others, are Respondents; and the House being
moved, "That the Hearing thereof may be put off for
some Days, in regard there is a Cross Appeal, that so
both Causes may be heard together;" and the Respondents Agent consenting thereto:
It is Ordered, That the Hearing the said Cause be
adjourned to Tuesday the Ninth Day of February next;
and that the Cross Appeal of the said Sir John Napier
be heard at the same Time.
Burke et al. versus Lynch:
A Petition of Theobald Burke and others, was presented to the House, and read; praying, "That the
Hearing the Cause wherein the Petitioners are Appellants, and Thomas Lynch Esquire is Respondent,
which stands appointed for Monday next, may be put
off for some Time; and that the Petitioners may be
at Liberty to amend their said Appeal, on Payment of
Costs:"
Thereupon Mr. Llewellin the Petitioners Agent, as
also Mr. Duane the Respondent's Agent, were called
in, and heard at the Bar, in relation to the Matter of
the said Petition.
And being withdrawn:
To amend Appeal, and suspend hearing, on Payment of Costs.
It is Ordered, That, upon the Petitioners paying,
or causing to be paid, to the said Respondent, or his
Agent, To-morrow, Thirty Pounds, they be at Liberty
to amend the said Appeal, as desired; and the said
Hearing on that Account to be suspended.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum quintum diem instantis Januarii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Lunæ, 25o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Cestriens.
Epus. Asaphens.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol. |
Ds. Carleton, Præses.
Dux Greenwich, Senescallus.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Wharton.
Dux Dorset.
March. Tweeddale.
Comes Lincoln.
Comes Westmorland.
Comes Warrington.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Aylesford.
Comes Bristol.
Comes Harborough.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt. |
Ds. Delawarr.
Ds. Compton.
Ds. Cornwallis.
Ds. Craven.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Gower.
Ds. Boyle.
Ds. Hay.
Ds. Foley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Lord Pagett versus Peirce et al.
The Answer of John Peirce Gentleman, to the Appeal of Thomas Lord Pagett and the Lady Elizabeth his
Wife:
Commissioners of forfeited Estates versus M'Lair.
Also, the Answer of George McLair Gentleman, to
the Appeal of the Commissioners and Trustees of the
forfeited Estates:
Martin versus Martin.
Also, the Answer of John Martin Gentleman, to the
Appeal of Richard Martin Esquire:
Maxwell versus Houstoun.
As also, the Answer of Andrew Houstoun of Calderhall
Esquire, to the Appeal of Sir Alexander Maxwell of
Monreith Advocate;
Were this Day brought in.
Mrs Rushout's Bill.
The Lord Viscount Harcourt presented to the House
(pursuant to the Order on Tuesday last) a Bill, intituled,
An Act for enabling Elizabeth Rushout, Lady of the
Manor of Overswell, in the County of Gloucester, to
enclose all and every the Lands lying within the said
Manor or Parish of Overswell, in Pursuance of several
Agreements therein mentioned to have been made
between the said Elizabeth Rushout and the Rector of
the Parish aforesaid, and between the said Elizabeth
and the Churchwarden and Parishioners of the said
Parish; and to establish the said Agreements."
The said Bill was read the First Time.
Burke et al. versus OBrien.
Whereas Friday next is appointed, for hearing the
Cause wherein Richard Burke and Elizabeth his Wife
are Appellants, and Christopher O Brien Esquire is
Respondent: And the House being moved, "That the
Hearing thereof may be put off for some Time, in
regard there is a Cross Appeal, that so both Causes
may be heard together:"
Thereupon the Agents on both Sides were called in,
and heard at the Bar.
And being withdrawn:
It is Ordered, That the Hearing the said Cause
be adjourned to Saturday the Twentieth Day of February
next; and that the Cross Appeal of the said Christopher
O'Brien be heard at the same Time.
Blake versus Blake, Judgement read:
Upon reading the Judgement of this House on Friday
last, in the Cause wherein Thomas Blake Esquire was
Appellant, and Sir Walter Blake Baronet and others
were Respondents:
Sir Walter Blake's Petition heard.
A Petition of the said Respondent Sir Walter Blake,
was presented to the House, and read; praying to
be heard, by his Counsel, to this Point; (videlicet,)
"Whether the Petitioner should accompt for the
Lands and Woods decreed to the Appellant as a
Protestant Discoverer, from the Time of the Petitioner's Purchase?"
And thereupon the Standing Order of this House, of
the Fourteenth Day of February 1694, relating to Petitions for re-hearing of any Cause, or Part of a Cause,
formerly heard, being read:
It is Ordered, That the said Petition do lie on the
Table, and be read on Friday next, at One a Clock;
and the Lords to be summoned.
McLair admitted in Forma Pauperis:
Upon reading the Petition of George McLair Gentleman, Respondent to the Appeal of the Commissioners
and Trustees of the forfeited Estates; praying Leave to
prosecute the Defence of the Decree of the Court of
Delegates in Forma Pauperis; and that Counsel may be
assigned to assist him in his said Defence; and that a
further Day may be appointed for hearing the said
Cause:
Thereupon Mr. McDowall and Mr. Leslie were called
in, and severally examined, upon Oath, at the Bar,
touching their Knowledge of the Petitioner's Poverty.
And being withdrawn:
Counsel assigned.
It is Ordered, That the Petitioner be admitted in
Forma Pauperis, according to the Prayer of the said Petition; and that Mr. Talbot and Mr. Hamilton be assigned
the Petitioner's Counsel, to assist him in his Defence,
accordingly.
Martin versus Martin.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Richard Martin Esquire is Appellant, and John Martin Gentleman
is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the Twentysecond Day of February next, at Eleven a Clock.
Dagenham Breach, Accompt and Contract delivered.
The House being informed, "That a Person from
the Trustees appointed by an Act passed in the
Twelfth Year of the Reign of Her late Majesty, for
stopping the Breach of the Levels of Havering and
Dagenham, in the County of Essex, was attending at
the Door:"
He was called in; and Mr. David Le Gros, Secretary
to the said Trustees, presented to the House, pursuant to
a Clause in the said Act,
"The Accompt of the Treasurer to the Trustees for
Dagenham Breach, from Michaelmas 1723, to First of
December 1724."
"Copy of the Contract with Mr. John Aust, to remove Six Thousand Tuns of the Soil from the Two
Shoals over against Captain John Perry's Upper and
Lower Sluices, Fourth of August 1724."
And then he withdrew.
And the Titles of the said Accompt and Contract
were read.
Lattin and Moor versus Robinson et al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Patrick Lattin and Michael Moore Esquires are Appellants, and
George Robinson and his Wife and William Court are
Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Friday the Twentysixth Day of February next, at Eleven a Clock.
Maxwell versus Houstoun.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir Alexander
Maxwell of Monreith Advocate is Appellant, and Andrew Houstoun of Calderhall Esquire is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Saturday the Twentyseventh Day of February next, at Eleven a Clock.
Countess of Erroll versus E. of Buchan.
Upon reading the Petition and Appeal of Mary
Countess of Erroll and Mr. Alexander (fn. 1) Hoy her Husband,
William Duff of Braco, and Lesly of Melross; complaining of several Interlocutories of the Lords of Session
in Scotland, made the Twenty-eighth of November last, and
Fifth of this Instant January, in a Cause wherein David
Earl of Buchan was Plaintiff, and the Petitioners were
Defendants; and praying, "That the same may be
reversed:"
It is Ordered, That the said David Earl of Buchan
may have a Copy of the said Appeal; and do put in
his Answer thereunto, in Writing, on or before Monday
the First Day of March next; and that Service of this
Order on the Respondent's Agent, or Writer, in the
Court of Session in Scotland, be deemed good Service.
Viscount Irwin et al. Leave for a Bill.
After reading, and considering, the Report of the
Judges to whom the Petition of Arthur Lord Ingram
Viscount Irwin, and Isabella Viscountess Dowager Irwin
his Mother, and others, was referred; 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.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act
to enable Arthur Lord Viscount Irwin to raise Money,
by Mortgage or Sale of certain Estates, in the Counties of York, Lincoln, Oxon, and City of London, for
Payment of Debts, Legacies, and Portions, charged
thereupon; and to settle the Estates therein mentioned on Henry Ingram his next Brother, and his
Heirs."
Collier to enter into Recognizance for Stone.
The House being moved, "That Jabez Collier Gentleman may be permitted to enter into a Recognizance for Richard Stone Esquire, on Account of his
Appeal depending in this House, to which Arthur
Earl of Anglesey and others are Respondents; the Appellant residing in Ireland:"
It is Ordered, That the said Jabez Collier may enter into a Recognizance for the said Appellant, as desired.
Collier to enter into Recognizance for Bauman.
The like Order, for the said Mr. Collier to enter
into a Recognizance for John Bauman, on Account of
his Appeal, to which Calcott Chambre is Respondent.
Mcguire to enter into Recognizance for Putland.
Also, the like Order for William Mcguire Esquire, to
enter into a Recognizance for John Putland and others,
on Account of their Appeal to which Sir Walter Burrows
is Respondent, for Reasons of the same Nature.
Mead versus Swanton:
The House was informed, "That Henry Swanton,
who, by Order of this House of the Twenty-sixth of
November last, was required to put in his Answer to
the Appeal of the Reverend Dominick Mead on or
before the Thirty-first of December following, has neglected to put in his Answer thereunto, though duly
served with the said Order for that Purpose:"
To answer peremptorily.
And thereupon an Affidavit, made by Lawrence Nowlan of the City of Dublin Gentleman, of the due Service
of the said Order, being read.
It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal in a
Week.
Chamberlaine versus White:
The House was informed, "That Mary White, alias
Chamberlaine, who, by Order of this House of the
Twenty-sixth of November last, was required to put
in her Answer to the Appeal of Christopher Chamberlaine Gentleman on or before the Thirty-first of December following, has neglected to put in her Answer
thereunto, though duly served with the said Order
for that Purpose."
And thereupon an Affidavit, made by James Crofton
of the City of Dublin Gentleman, of the due Service of
the said Order, being read.
To answer peremptorily.
It is Ordered, That the said Respondent do peremptorily put in her Answer to the said Appeal in
a Week.
Bagenal versus Bagenal et al.
The House was informed, "That Anne Bagenal,
George Mathew, Nicholas and Dudley Bagenal, Benjamin Burton, as also the Executors of Philip Savage,
who, by Order of this House of the Twenty-sixth of
November last, were required to put in their Answer
or respective Answers, to the Appeal of Walter Bagenal Esquire, on or before the Thirty-first of December
following, have neglected to put in their Answer thereunto, though duly served with the said Order for that
Purpose."
And thereupon Mr. Walter Joyce was called in, and
examined, upon Oath, at the Bar, touching the said
Service.
And being withdrawn:
To answer peremptorily:
It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers, to
the said Appeal, in a Week.
Burton and Nutley versus Slattery:
The House was informed, "That John Slattery Gentleman, who, by Order of this House of the Twentysixth of November last, was required to put in his
Answer to the Appeal of Benjamin Burton and
Richard Nutley Esquires on or before the Thirtyfirst of December following, has neglected to put in
his Answer thereunto, though duly served with the
said Order for that Purpose."
And thereupon an Affidavit, made by Thomas Weldon
of the City of Kilkenny Gentleman, of the due Service
of the said Order, being read:
To answer peremptorily.
It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal in a
Week.
Viscount Lisburne et al. Petition referred to Judges.
Upon reading the Petition of John Lord Viscount
Lisburne of the Kingdom of Ireland, Wilmot Vaughan
and Henry Vaughan Esquires; praying Leave to bring in
a Bill, to enable the Trustees of a certain Term of
Five Hundred Years, after raising Two Thousand Pounds
charged thereon for the Portions of Elizabeth and Letitia
Vaughan, the Petitioner's Sisters, to raise the further
Sum of Three Thousand Pounds on the said Term, for
discharging the Debts of the Petitioner John Lord Viscount Lisburne:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Baron
Price and Mr. Justice Denton; 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.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mariis, vicesimum sextum diem instantis Januarii, hora prima post meridiem,
Dominis sic decernentibus.
DIE Martis, 26o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Asaphens.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol. |
Dux Greenwich, Senescallus.
Dux Somerset.
Dux Bolton.
Dux Montagu.
Dux Montrose.
Dux Manchester.
Dux Dorset.
March. Tweeddale.
Comes Lincoln.
Comes Anglesey.
Comes Litchfield.
Comes Yarmouth.
Comes Warrington.
Comes Coventry.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Bristol.
Comes Harborough.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt. |
Ds. Delawarr.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Guilford.
Ds. Ashburnham.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Young versus Burdett.
This Day the Answer of William Burdett and Frances
his Wife, to the Appeal of Mary Young Widow and
Arthur Young Clerk, was brought in.
Mrs. Rushout's Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act
for enabling Elizabeth Rushout, Lady of the Manor of
Owerswell, in the County of Gloucester, to enclose all
and every the Lands lying within the said Manor or
Parish of Overswell, in Pursuance of several Agreements therein mentioned to have been made, between
the said Elizabeth Rushout and the Rector of the
Parish aforesaid; and between the said Elizabeth and
the Churchwarden and Parishioners of the said Parish;
and to establish the said Agreements."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Dux Montagu.
Dux Dorset.
March. Tweeddale.
Comes Lincoln.
Comes Anglesey.
Comes Yarmouth.
Comes Warrington.
Comes Coventry.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Bristol.
Viscount Say & Seale.
Viscount Cobham.
Viscount Harcourt. |
Epus. Oxon.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Bristol. |
Ds. Delawarr.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Craven.
Ds. Guilford.
Ds. Ashburnham.
Ds. Trevor.
Ds. Bathurst.
Ds. Onslow.
Ds. Lechmere. |
Their Lordships, or any Five of them; to meet
on Tuesday the Second Day of February next,
at Ten a Clock in the Forenoon, in the Prince's
Lodgings near the House of Peers; and to adjourn as they please.
Wolff's Nat. Bill:
A Message was brought from the House of Commons,
by Sir John Norris and others:
With a Bill, intituled, "An Act to naturalize Jacob
Wolff;" to which they desire the Concurrence of this
House.
Then the said Bill was read the First Time.
Vernezobre, Petition to be added to Nat. Bill:
A Petition of Daniel Vernezobre, was presented to the
House, and read; praying to be added to the Bill, intituled, "An Act to naturalize Jacob Wolff:"
It is Ordered, That the said Petition do lie on the
Table, till the said Bill be read a Second Time.
Lord St. John's Bill:
The Earl of Yarmouth reported from the Lords Committees to whom the Bill, intituled, "An Act to enable
John Lord St. John to settle a Jointure on such Woman as he shall marry, and to make Provision for the
Daughters and Younger Children of such Marriage,
out of the Estate devised to him by the Will of William Lord St. John, deceased," was committed: "That
they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned
had given their Consents; and that the Committee had
gone through the said Bill, and directed him to report
the same to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
Viscount Irwin's Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act
to enable Arthur Lord Viscount Irwin to raise Money,
by Mortgage or Sale of certain Estates, in the Counties of York, Lincoln, Oxon, and City of London, for
Payment of Debts, Legacies, and Portions, charged
thereupon; and to settle the Estates therein mentioned on Henry Ingram his next Brother, and his Heirs."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees beforenamed:
Their Lordships, or any Five of them; to meet on
Wednesday the Tenth Day of February next, at
the same Place; and to adjourn as they please.
Broulhet's Nat. Bill.
A Message was brought from the House of Commons,
by Mr. Elton and others:
With a Bill, intituled, "An Act for naturalizing
Paul Broulhet;" to which they desire the Concurrence
of this House.
Then the said Bill was read the First Time.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum esse usque at et in diem Mercurii, vicesimum
septimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 27o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Cestriens.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol. |
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Bolton.
Dux Roxburgh.
Dux Newcastle.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Warwick.
Comes Westmorland.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Ilay.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Cadogan.
Viscount Townshend.
Viscount Tadcaster.
Viscount Cobham.
Viscount Harcourt. |
Ds. Percy.
Ds. Delawarr.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Swift's Answer to Edgworth's Appeal.
The Answer of Mead Swift, to the Appeal of Edward
Edgworth Esquire, was brought in this Day.
Ld. Archibald Hamilton's Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to confirm and establish Articles of Agreement, between
Archibald Hamilton Esquire, commonly called Lord
Archibald Hamilton, of the one Part, and George
Parker Esquire, commonly called Lord Parker, and
other Trustees of a Charity therein mentioned, of
the other Part, for exchanging certain Lands in the
County of Berks, belonging to the said Charity, for
other Lands, of a greater Value," was committed:
That the Committee had considered the said Bill,
and gone through the same; and directed him to
report it to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
Brand versus Sir Alexander Cumming:
This Day being appointed, to hear Counsel, upon the
Petition and Appeal of Thomas Brand of London Goldsmith; complaining of several Interlocutory Sentences
of the Lords of Session in Scotland, of the Twenty-third
of January 172¾, the Seventh, Twentieth, and Twentyfifth of February last, in a Cause wherein the Appellant was Plaintiff, and Sir Alexander Cumming Baronet
Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said Sir
Alexander Cumming put in to the said Appeal.
Counsel accordingly were called in, to be heard.
And Counsel appearing only for the Appellant:
Proof was made of the due Service, on the Respondent's Agent, of the Order for hearing the said Appeal.
And thereupon the Counsel for the Appellant were
heard; and due Consideration had of what was offered
in Relation to this Cause.
Interlocutors affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Petition and Appeal be, and is hereby, dismissed
this House; and that the said several Interlocutory
Sentences therein complained of be, and the same are
hereby, affirmed.
Motion for Judges to attend, on Blake's Appeal.
A Motion was made, "That the Judges, or some
of each Court, be ordered to attend on Friday next,
when the Petition of Sir Walter Blake Baronet, for
re-hearing Part of the Cause determined on Friday last,
in which he was Respondent, is appointed to be
read."
And a Question being stated thereupon:
After Debate;
The previous Question was put, "Whether that
Question shall be now put?"
It was Resolved in the Negative.
Skrymsher, Petition referred to Judges.
Upon reading the Petition of Thomas Boothby Skrymsher Esquire and Anne his Wife, which said Thomas
Boothby Skrymsher is Grandson and Heir of Sir Charles
Skrymsher, late of Norbury in the County of Stafford,
Knight, deceased; praying Leave to bring in a Bill,
for discharging the Petitioner's Estate at Eccleshall, in
the said County of Stafford, from the Uses and Limitations contained in his Marriage Settlement; and for
settling other Lands, in the same County, of greater
Value, to the same Uses:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Tracy
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.
Ld. St. John's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to enable John Lord St. John to settle a Jointure on
such Woman as he shall marry; and to make Provision for the Daughters and Younger Children of
such Marriage, out of the Estate devised to him by
the Will of William Lord St. John, deceased."
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. Lightboun and Mr. Edwards:
To carry down the said Bill, and desire their Concurrence thereunto.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum octavum diem instantis Januarii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Jovis, 28o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol. |
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Grafton, Camerarius.
Dux Newcastle.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
Comes Lincoln.
Comes Leicester.
Comes Warwick & Holland.
Comes Anglesey.
Comes Litchfield.
Comes Yarmouth.
Comes Warrington.
Comes Rochford.
Comes Rothes.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Viscount Say & Seale.
Viscount Townshend.
Viscount Tadcaster.
Viscount Harcourt. |
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat speaker.
Hugonin and Buck, to be added to Nat. Bill.
A Petition of Francis Lewis Hugonin and Peter Buck,
was presented to the House, and read; praying to be
added to the Bill, intituled, "An Act to naturalize
Jacob Wolff."
It is Ordered, That the said Petition do lie on
the Table, till the said Bill be read a Second Time.
Vernezobre & al. take the Oaths.
Daniel Vernezobre, Francis Lewis Hugonin, and Peter
Buck, took the Oaths appointed, in order to their Naturalization.
Duff and Lesslie versus E. of Buchan.
Upon reading the Petition and Appeal of William
Duff of Braco, and Lesslie of Melross, and others;
complaining of several Interlocutory Sentences of the
Lords of Session in Scotland, of the Eighth and Twentyeighth of January and Fourth of February 172¾, the
Twenty-third of June and Twenty-eighth of November
1724, and the Fifth and Fifteenth of this Instant
January, made on the Behalf of David Earl of Buchan;
and praying, "That the same may be reversed:"
It is Ordered, That the said David Earl of Buchan
may have a Copy of the said Appeal; and do put in
his Answer thereunto, in Writing, on or before Thursday the Twenty-fifth Day of February next; and that
Service of this Order on the said Earl's Agent, or Writer, in the said Court of Session in Scotland, be deemed
good Service.
Ld. Archibald Hamilton's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to confirm and establish Articles of Agreement, between Archibald Hamilton Esquire, commonly called
Lord Archibald Hamilton, of the one Part, and George
Parker Esquire, commonly called Lord Parker, and
other Trustees of a Charity therein mentioned, of the
other Part, for exchanging certain Lands in the
County of Berks, belonging to the said Charity, for
other Lands, of a greater Value."
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. Lightboun and Mr. Edwards:
To carry down the said Bill, and desire their Concurrence thereunto.
Weket & Ux. versus Raby.
The House being moved, on the Behalf of John
Raby Esquire, Respondent to the Appeal of William
Wekett Esquire and Mary his Wife, "That a Day be
appointed, for hearing thereof:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the First
Day of March next, at Eleven a Clock.
Broulhet's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, An Act
for naturalizing Paul Broulhet."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ds. Præses.
Dux Dorset.
Comes Lincoln.
Comes Warwick.
Comes Yarmouth.
Comes Warrington.
Comes Rochford.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Harcourt. |
Epus. Oxon.
Epus. Lincoln.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Bristol. |
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Cornwallis.
Ds. Guilford.
Ds. Ashburnham.
Ds. Gower.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Lechmere. |
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.
Ld. and Lady Bagett versus D. of Bridgewater & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Lord
Pagett and the Lady Elizabeth his Wife are Appellants, and Scroop Duke of Bridgewater and John
Peirce Gentleman are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Wednesday the Third
Day of March next, at Eleven a Clock.
Edgworth versus Swift.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Edward
Edgworth Esquire is Appellant, and Mead Swift
Gentleman Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Friday the Fifth
Day of March next, at Eleven a Clock.
Wolff's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to naturalize Jacob Wolff."
Ordered, That the said Bill be committed to the
Consideration of the same Lords Committees to whom
Mr. Broulhet's Bill stands committed.
Vernezobre & al. Petition referred to Committee.
Then, the Petitions of Daniel Vernezobre, Francis
Lewis Hugonin, and Peter Buck; praying to be added
to the said Bill, which were ordered to lie on the
Table till the Second Reading thereof, were severally
read.
And ordered to be referred to the same Lords Committees to whom the said Bill stands committed.
Payment of Fees of Persons complained of by E. of Suffolk:
The Order of the Day being read, for taking into
Consideration the Payment of the Fees of the Persons
taken into Custody upon Complaint of the Earl of
Suffolk:
It is Ordered, That the further Consideration of
this Matter be adjourned to Tuesday next; and that
Mathias Cater, in Custody of the Gentleman Usher of
the Black Rod, for being concerned in procuring written Protections, be then brought to the Bar, in order
to be asked if he has any Thing further to offer for
himself, in his own Justification.
Eldridge and Coleby to be attached;
Ordered, That the Gentleman Usher of the Black
Rod do forthwith attach the Bodies of John Eldridge
and Martha Coleby, Two of the Informants against Henry
Partridge and Nicholas Adams, and bring them in safe
Custody to the Bar of this House, to answer for their
said Offence; and this shall be a sufficient Warrant on
that Behalf.
and Lefebvre to be attached.
Ordered, That the Gentleman Usher of the Black
Rod do forthwith attach the Body of John Lefebvre, for
being concerned in procuring written Protections, and
bring him in safe Custody to the Bar of this House,
to answer for his said Offence; and this shall be a
sufficient Warrant on that Behalf.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum nonum diem instantis Januarii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Veneris, 29o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol. |
Ds. Carleton, Præses.
Dux Somerset.
Dux Bolton.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Leicester.
Comes Warwick & Holland.
Comes Peterborow & Monmouth.
Comes Essex.
Comes Anglesey.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Ilay.
Comes Ferrers.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Harcourt. |
Ds. Percy.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Arundell Tr.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Mr. Bateman and his Wife, Petition referred to Judges.
Upon reading the Petition of James Bateman Esquire
and Anne his Wife; praying Leave to bring in a Bill,
to enable the Petitioner James Bateman to sell the
Manor of Tooting Graveney, in the County of Surrey,
and his Capital Messuage and Lands there, and elsewhere in the said County; and, with the Money arising
by such Sale, to purchase the Manors of Well and Alford,
and other Lands in the County of Lincoln, to be settled
to the same Uses as the said Manor and Lands in Surrey
are now settled:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Baron Price
and Mr. Justice Denton; 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.
Shuckburgh versus South Sea Company.
Upon reading the Petition of the South Sea Company,
Sir John Eyles, and others their Trustees, and Edward
Poulter, Respondents to the Appeal of John Shuckburgh; praying, "In regard they cannot be prepared
to make their Defence so soon as Monday next, That
the Hearing the said Cause, which stands appointed
for that Day, may be adjourned for Ten Days; the
Appellant's Agent consenting thereto:"
It is Ordered, That the Hearing the said Cause be
adjourned to Thursday the Eleventh Day of February
next.
Sadler and Collier's Bill:
The Lord Delawarr acquainted the House, from the
Lords Committees to whom the Bill, intituled, "An Act
for the Sale of the Moiety of a Farm called Stony
Grainge Farm, in the Isle of Ely, to Jabez Collier Gentleman; and for applying the Money arising thereby
in the Purchase of other Lands, to be settled to the
same Uses," was committed; "That a Difficulty occurring to their Lordships, with respect to the Standing Order of this House of the Nineteenth of February
1705, directing when Bills are brought in, to sell
Lands in One Place and buy Lands in another, the
Values be fully made out; and that there be an
Agreement for the Purchase, in regard there is no
such Agreement made."
And a Motion being made, "That the said Standing
Order be dispensed with on this Occasion:"
It is Ordered, That, on Monday next, this House will
take the said Motion into Consideration; and the Lords
to be summoned.
Blake's Petition, for rehearing Part of his Cause, rejected.
The Order of the Day being read, for reading the
Petition of Sir Walter Blake Baronet, Respondent to the
Appeal of Thomas Blake Esquire, praying a Rehearing
of Part of the Cause heard the Twenty-second Instant:
The said Petition was read accordingly.
And, after Debate;
It was Ordered, That the said Petition be rejected.
Fleetwood's Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Estate of Richard Fletewood, late of
Rossall, in the County of Lancaster, Esquire, deceased,
in Trustees, to be sold, for Payment of his Debts and
Legacies," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given
their Consents; and that the Committee had gone
through the Bill, and made some Amendments thereunto."
Which were read Twice, and agreed to.
Ordered, That the Bill, with the Amendments,
be engrossed.
Hales, &c. Bill.
The Lord Delawarr also reported, from the Lords
Committees to whom the Bill, intituled, "An Act to
enable Stephen Hales Clerk and Henry Carrington
Gentleman to sell their undivided Moieties of the
Freehold, Leasehold, and Copyhold Estates, at Much
Hadham, in the County of Hertford, late the Estate
of William Newce Esquire, deceased," was committed:
That they had considered the said Bill, and found the
Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some
Amendments thereunto."
Which were read Twice, and agreed to.
Ordered, That the said Bill, with the Amendments,
be engrossed.
Hawkins's Bill.
The Lord Bishop of Norwich reported, from the
Lords Committees to whom the Bill, intituled, "An
Act for vesting an Estate late of Henry Hawkins,
Citizen and Tallow Chandler of London, deceased,
in Trustees, to be sold; and for purchasing other
Lands, to the same Uses," was committed: "That
they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned
had given their Consents; and that the Committee
had gone through the Bill, and made some Amendments thereunto."
Which being read by the Clerk:
It is Ordered, That the said Bill be re-committed
to the same Lords Committees; to meet at the same
Place on Friday next; and to adjourn as they please.
Simpson, a Non Pros on Graham's Writ of Error.
Upon reading the Petition of William Simpson, Defendant in a Writ of Error, brought into this House the
Fifteenth Instant wherein James Graham of London
Merchant, is Plaintiff; praying, "In regard the said
Plaintiff hath not assigned his Errors within the Time
limited by the Standing Order of this House, of
the Thirteenth of December 1661, that the said Writ
of Error may be Non Pros."
And the said Standing Order being read:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Defendant in
the said Writ of Error do forthwith enter a Non
Pros. thereupon, according to the Prayer of the said
Petition; and that the Record be remitted, to the End
Execution may be had thereupon, as if no such Writ
of Error had been brought into this House.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, tricesimum
diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.
DIE Sabbati, 30o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Asaphens.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens. |
Ds. Delawarr. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Then, in order to the Lords proceeding to the Abbey
Church, Westminster, to solemnize this Day; being appointed by Act of Parliament to be observed as a Day
of Fasting and Humiliation, for the Martyrdom of
King Charles the First;
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, primum diem
Februarii jam prox. sequent. hora undecima Auroræ
Dominis sic decernentibus.