March 1725, 11-20
DIE Veneris, 12o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. Dunelm.
Epus. Cestriens.
Epus. Oxon.
Epus. Petriburg.
Epus. Lincoln.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Epus. Exon.
Epus. Landav. |
Dux Greenwich, Senescallus.
Dux Grafton, Gamerarius.
Dux Bolton.
Dux Devon.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Wharton.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Leicester.
Comes Westmorland.
Comes Scarsdale.
Comes Warrington.
Comes Scarbrough.
Comes Cholmondeley.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Aylesford.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt. |
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Clinton.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Arundell Tr.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Bingley.
Ds. Ducie. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Messages from H. C. with Bills.
A Message was brought from the House of Commons,
by Mr. Farrer and others:
With a Bill, intituled, "An Act for continuing the
several Annuities of Eighty-eight Thousand Seven
Hundred Fifty-one Pounds, Seven Shillings, and Ten
Pence Half-penny, and One Hundred Thousand
Pounds, to the Bank of England, until Midsummer One Thousand Seven Hundred Twenty-seven;
and from thence, for reducing the same to Seventy-one
Thousand and One Pounds, Two Shillings, and Three
Pence Three Farthings, and Eighty Thousand Pounds,
redeemable by Parliament; and for preventing the
uttering of forged, counterfeited, or erased, Bank
Bills or Notes;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons,
by Mr. Sandys and others:
With a Bill, intituled, "An Act for rating such unrated Goods and Merchandizes as are usually imported into this Kingdom, and pay Duty ad Valorem,
upon the Oath of the Importer; and for ascertaining
the Value of all Goods and Merchandizes not inserted in the former or present Book of Rates; and
for repealing certain Duties upon Drugs and Rags;
and for continuing the Duty upon Apples; and for
ascertaining the Method of admeasuring Pictures imported;" to which they desire the Concurrence of this
House.
Mutiny Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for punishing Mutiny and Desertion; and for the
better Payment of the Army and their Quarters."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Tuesday next; and
the Lords to be summoned.
Lattin and Moore versus Robinson et. al.
After hearing Counsel, upon the Petition and Appeal of Patrick Lattin and Michael Moore Esquires;
complaining of certain Orders of the Court of Chancery in Ireland, of the Sixth and Twenty-first of May
last, in a Cause wherein George Robinson and Anne his
Wife, and William Court were Plaintiffs, and the Appellants Defendants; and praying, "That the same may
be reversed, and the Plaintiffs Bill dismissed, with
Costs:" As also upon the Answer of the said George
Robinson and Anne his Wife, and William Court, put in
to the said Appeal; and due Consideration had of what
was offered on either Side in this Cause:
Orders affirmed with Costs, and Directions given.
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 Orders, as to the several
Matters therein complained of, be, and are hereby,
affirmed; and that the Appellants shall pay, or cause to
be paid, to the Respondents, the Sum of Sixty Pounds,
for their Costs in respect of the said Appeal: And it is
hereby further Ordered, That nothing, in this Judgement contained shall be taken to be binding upon the
Personal Estate of the Testator William Alcock, with relation to the several Statutes in the Proceedings mentioned, or any of them; but every Person interested in
or claiming Title to the said Personal Estate shall be at
Liberty to disprove the said Statutes, or any of them,
and whether any Thing be due thereon, either in this
present Suit or in the Court of Exchequer, or in any
other Manner, as they shall be advised.
Mcculloch versus Mcculloch.
Upon reading the Petition and Appeal of David
Mcculloch of Pilton; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, made
the Nineteenth of February 1723/4, the Third, Eighteenth,
and Days of July, the First of January, and
the Affirmances thereof; and the Interlocutory of the
Twentieth of February last, in a Cause wherein Christian
Mcculloch was Plaintiff, and the Petitioner Defendant;
and praying, "That the same may be reversed:"
It is Ordered, That the said Christian Mcculloch
may have a Copy of the said Appeal; and shall and
she is hereby required to put in her Answer thereunto,
in Writing, on or before Friday the Ninth Day of April
next.
Wickham et Ux. Petition referred to Judges.
Upon reading the Petition of William Wickham of
Gazzington in the County of Oxon Esquire and Mary
his Wife, on Behalf of themselves and their Six Infant
Children; praying Leave to bring in a Bill, for Sale of
certain Manors and Premises, in Stainton and Barlings,
or elsewhere, in the County of Lincoln, lying remote
from the Petitioners other Estates; and for putting out
the Monies arising thereby at Interest, so as to be ready
to advance their Children in the World:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Baron of the Court of Exchequer and Mr. Baron Gilbert; 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; and further,
that One of the Judges do, in Person, deliver into this
House the said Bill, with their Report thereupon; and
that the Lord on the Woolsack do acquaint the House
therewith; and the Judge at the same Time is to signify
to their Lordships, whether the Standing Orders in relation to Private Bills have been duly observed.
Cambridge Road Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing Part of the Road from London to Cambridge,
beginning at the End of the Parish of Foulmire, in the
said County, next to Barly, in the County of Hertford, and ending at the Pavement in Trumpington
Street, in the Town of Cambridge," was committed:
That the Committee had gone through the said Bill,
and directed him to report the same to the House,
without any Amendment."
Stanford Bridge, Yorkshire, Bill.
The Lord Delawarr also reported from the Lords
Committees to whom the Bill, intituled, "An Act to
enable the Justices of the Peace for the East Riding
of the County of York to take down the County
Bridge called Stanford Bridge; and to build a Stone
Bridge, at a more convenient Place, over the River
Darwent, in the said Riding, instead thereof," was
committed: "That the Committee had gone through
the said Bill, and directed him to report the same to
the House, without any Amendment."
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quintum diem instantis Martii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Lunæ, 15o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Georgius Princeps Walliœ.
|
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Eliens.
Epus. Lincoln.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon.
Epus. Landav. |
Dux Greenwich, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Devon.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Leicester.
Comes Warwick & Holland.
Comes Westmorland.
Comes Berks.
Comes Scarsdale.
Comes Essex.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Buchan.
Comes Findlater.
Comes Sclkirk.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Aylesford.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt. |
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Clinton.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Arundell Tr.
Ds. Craven.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Tunbridge Highways Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for enlarging the Term granted by an Act made in
the Eighth Year of the Reign of Her late Majesty
Queen Anne, intituled, "An Act for repairing and
amending the Highways, leading from Seven Oaks to
Woodsgate and Tunbridge Wells, in the County of Kent;"
and for explaining and making more effectual the
same Act; and for amending (out of the Tolls and
Duties arising by the said Act, and this present
Act) the Highways leading from Woodsgate aforesaid,
to Kippings Crosse, in the Parish of Brenchly, in the
said County of Kent."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Dux Montagu.
Dux Kent.
Dux Wharton.
Dux Dorset.
March. Tweeddale.
Comes Leicester.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Cholmondeley.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Sussex.
V. Say & Seale.
V. Tadcaster.
V. Falmouth.
V. Harcourt. |
Epus. London.
Epus. Oxon.
Epus. Eliens.
Epus. Carliol.
Epus. Norwich.
Epus. Menevens.
Epus. Bristol. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Compton.
Ds. Cornwallis.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Boyle.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Bingley.
Ds. Lechmere. |
Their Lordships, or any Five of them; to meet
on Thursday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House
of Peers; and to adjourn as they please.
Message from H. C. to return Rushout's Bill.
A Message was brought from the House of Commons,
by Mr. Peere Williams and others:
To return the 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;" and to acquaint this House, that they have agreed to the said
Bill, without any Amendment.
Gloucester Poor Bill:
The House was informed, "That printed Copies of
the Bill, intituled, "An Act for the repealing an Act
of Parliament, made in the First Year of Her late
Majesty Queen Anne, intituled, An Act for the incorporating certain Persons, for the better providing
for, and setting at Work the Poor of the City of
Gloucester; and for incorporating certain Persons,
under the Name of the Governor, Deputy Governor,
and Guardians, of the Charity School, and Poor of
the City of Gloucester, and other Purposes therein mentioned," were some Days since left with the Clerk."
And it being thereupon moved, "That a Time might
be appointed, for meeting of the Committee to whom
the said Bill was committed:"
It is Ordered, That the said Committee do meet,
to proceed in the Consideration of the said Bill, the Second Day after the Recess at Easter.
Ashby's Composition Bill:
The Earl of Harborough reported from the Lords
Committees to whom the Bill, intituled, "An Act to
enable the Lords Commissioners of the Treasury,
or Lord High Treasurer, for the Time being, to
compound with Edmund Ashby, for his Part of a Debt
due to the Crown, on account of his having been
Surety for Benjamin Blundell, late Receiver General
of the Land Tax and Duties on Houses, for the
County of Leicester," was committed: "That they
had gone through the Bill; and directed him to report the same to the House, without any Amendment."
Then the said Bill was read the Third Time.
And the Question being 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. Holford and Mr. Thurston:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Mead versus Swanton:
Whereas Saturday next is appointed, for hearing the
Cause wherein the Reverend Dominick Mead is Appellant, and Henry Swanton Gentleman is Respondent:
And the House being moved, "That the Hearing
thereof may be put off for some Time, in regard the
Respondent's material Papers are not yet arrived from
Ireland."
Hearing adjourned.
Thereupon the Agents on both Sides were called in.
And the Appellant's Agent consenting the hearing
the same might be adjourned to a Bye-day after Easter;
And being withdrawn:
It is Ordered, That the said Hearing be adjourned
to the First vacant Day after the Recess at Easter, not
being an ordinary Day for hearing Causes.
Shelterers from Debt in Wapping, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to prevent Violences and Outrages being committed
by any Persons, under Pretence of sheltering themselves from Debt, or any Process of Law, within the
Hamlet of Wapping, Stepney, or elsewhere within
the Weekly Bills of Mortality."
Ordered, That the said Bill be committed to a
Committee of the whole House, on the First Tuesday
after the Recess at Easter; and that a Copy thereof be
sent to the Judges in Town; and that they do then
attend.
Lord and Lady Pagest versus D. Bridgewater:
After hearing Counsel, upon the Petition and Appeal
of Thomas Catesby Pagett Esquire commonly called Lord
Pagett, and the Lady Elizabeth his Wife; complaining
of a Decree, or Decretal Order, made in the Court of
Chancery, the Ninth Day of December 1723, in certain
Causes, wherein the Lady Elizabeth Egerton, now the
Wife of the said Lord Pagett, by Original Bill; and the
said Lord Pagett and the Lady Elizabeth his Wife, by
Bill of Revivor, were Plaintiffs, and Scroop Duke of
Bridgewater and John Peirce Gentleman were Defendants; and wherein the said Duke of Bridgewater was
Plaintiff, and the said Lord Pagett and the Lady Elizabeth his Wife, and the said John Peirce, were Defendants; and praying, "That the same may be reversed:"
As also upon the Answers of the said Scroop Duke of
Bridgewater and John Peirce put in to the said Appeal:
And a Debate arising, upon Consideration of what
was offered on either Side in this Cause:
Debate adjourned.
It is Ordered, That the said Debate be adjourned
till To-morrow, at One a Clock; and the Lords to be
summoned.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum sextum
diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 16o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Georgius Princeps Walliœ.
|
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Cestriens.
Epus. Asaphens.
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.
Epus. Exon.
Epus. Landav. |
Dux Greenwich, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Devon.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Exeter.
Comes Leicester.
Comes Warwick & Holland.
Comes Westmorland.
Comes Sunderland.
Comes Scarsdale.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Aylesford.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt. |
Ds. Percy.
Ds. Delawarr.
Ds. Clinton.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Arundell Tr.
Ds. Craven.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Messages from H. C. with Bills.
A Message was brought from the House of Commons,
by Mr. Farrer and others:
With a Bill, intituled, "An Act for continuing the
Duties upon Malt, Mum, Cyder, and Perry, in that
Part of Great Britain called England; and for granting to His-Majesty certain Duties upon Malt, Mum,
Cyder, and Perry, in that Part of Great Britain called
Scotland, for the Service of the Year One Thousand
Seven Hundred and Twenty-five; and for transferring
the Deficiency of a late Malt Act to this Act; and for
explaining a late Act, in relation to Stamp Duties on
News Papers; and for appropriating the Supplies
granted in this Session of Parliament; and for disposing certain Overplus Money to proper Objects of
Charity; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt,
or otherwise destroyed; and for giving further Time
to Clerks and Apprentices, to pay Duties, omitted to
be paid, for their Indentures and Contracts;" to
which they desire the Concurrence of this House.
Also, a Message was brought from the House of
Commons, by Mr. William Chetwynd and others:
With a Bill, intituled, "An Act to naturalize Mary
Marie de la Croze;" to which they desire the Concurrence of this House.
Lord and Lady Pagett versus D. Bridgewater.
The Order of the Day being read, for resuming the
adjourned Debate Yesterday; after hearing Counsel, upon
the Petition and Appeal of Thomas Catesby Pagett Esquire
commonly called Lord Pagett and the Lady Elizabeth his
Wife; complaining of a Decree, or Decretal Order, made
in the Court of Chancery, the Ninth Day of December
1723, in certain Causes, wherein the Lady Elizabeth
Egerton, now the Wife of the said Lord Pagett, by Ori
ginal Bill, and the said Lord Pagett and the Lady Elizabeth his Wife by Bill of Revivor, were Plaintiffs, and
Scroop Duke of Bridgewater and John Peirce Gentleman
were Defendants; and wherein the said Duke of Bridgewater was Plaintiff, and the said Lord Pagett and the
Lady Elizabeth his Wife, and the said John Peirce, were
Defendants; and praying, "That the same may be reversed:" As also upon the Answers of the said Scroop
Duke of Bridgewater and John Peirce put in to the said
Appeal:
And the House being informed, "That there is an
Agreement between the Parties:"
Debate adjourned.
It is Ordered, That the said Debate be further adjourned till To-morrow, at Twelve a Clock; and the
Lords to be summoned; and that One Counsel of a Side
do then attend.
Messages from H. C. with a Bill; and to return Blacket's Bill.
A Message was brought from the House of Commons,
by Sir Justinian Isham and others:
With a Bill, intituled, "An Act for making more
effectual an Act passed in the Parliament holden in
the Twelfth Year of the Reign of Her late Majesty
Queen Anne, intituled, An Act for making the River
Nine, or Nen, running from Northampton to Peterborough, navigable;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons,
by Mr. Banks and others:
To return the Bill, intituled, "An Act for vesting
Part of the Estate of Sir Edward Blacket Baronet in
Trustees, to be sold, for raising Eight Thousand Pounds,
charged thereupon by his late Brother's Marriage Settlement;" and to acquaint this House, that they have
agreed to the said Bill, without any Amendment.
Mutiny Bill:
The House (according to Order) was adjourned
during Pleasure, and put into a Committee upon the
Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and
their Quarters."
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 Thursday next; and the Lords to be summoned.
Rating unrated Goods, &c. Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act
for rating such unrated Goods and Merchandizes as
are usually imported into this Kingdom, and pay Duty
ad Valorem, upon the Oath of the Importer; and for
ascertaining the Value of all Goods and Merchandizes not inferted in the former or present Book of
Rates; and for repealing certain Duties upon Drugs
and Rags; and for continuing the Duty upon Apples;
and for ascertaining the Method of admeasuring Pictures imported."
Ordered, That the said Bill be read a Second Time,
To-morrow.
Westhaughton Waste Grounds to enclose, Bill.
The Lord Steward presented to the House a Bill,
intituled, "An Act to enclose divers Parcels of Waste
Grounds, lying and being in Westhaughton, in the
County Palatine of Lancaster."
Then the said Bill was read the First Time.
River Nine navigable, Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act
for making more effectual an Act passed in the Parliament, holden in the Twelfth Year of the Reign of
Her late Majesty Queen Anne, intituled, An Act for
making the River Nine, or Nen, running from Northampton to Peterborough, navigable."
Malt Duties Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act
for continuing the Duties upon Malt, Mum, Cyder,
and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties
upon Malt, Mum, Cyder, and Perry, in that Part of
Great Britain called Scotland, for the Service of the
Year One Thousand Seven Hundred and Twentyfive; and for transferring the Deficiency of a late
Malt Act to this Act; and for explaining a late Act
in relation to Stamp Duties on News Papers; and for
appropriating the Supplies granted in this Session of
Parliament; and for disposing certain Overplus Money
to proper Objects of Charity; and for making forth
Duplicates of Exchequer Bills, Lottery Tickets, and
Orders, lost, burnt, or otherwise destroyed; and for
giving further Time to Clerks and Apprentices, to
pay Duties omitted to be paid for their Indentures
and Contracts."
Address for Money issued to Half-pay Officers.
Ordered, That an humble Address be presented to
His Majesty, "That He will be graciously pleased to
direct the proper Officers to lay before this House
an Accompt how much of the Money, appropriated
by Parliament for the Years One Thousand Seven
Hundred Twenty-two, One Thousand Seven Hundred Twenty-three, and One Thousand Seven Hundred Twenty-four, to the Payment of Half-pay
Officers, hath been issued to such Half-pay Officers,
and how much of the Surplus of such appropriated
Sums hath been paid to Charities, pursuant to the
respective Acts of Parliament relating thereunto; and
that such Accompt be distinctly for each of the said
Years."
Ordered, That the said Address be presented to
His Majesty, by the Lords with White Staves.
Parker's Petition to receive Appeal.
A Petition of Margaret Parker Widow, was presented
to the House, and read; praying, "That her Appeal,
against certain Proceedings of the Court of Chancery, may be received, as if the same had been presented in due Time; or that all further Proceedings
may be stayed."
And a Motion being made, "To dispense with the
Standing Order for limiting the Time for bringing in
Appeals, so far as that this Appeal may be received
this Session:"
It is Ordered, That, on Thursday next, this House
will take the said Motion into Consideration; and the
Lords to be summoned.
Insolvent Debtors Bill:
Ordered, That the Bill, intituled, "An Act for
Relief of Insolvent Debtors," be read a Second Time
on Thursday next.
Sir John Trelawney's Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act
for vesting in Trustees certain Manors, Lands, and
Tenements, in the County of Cornwal, late the Estate
of Sir Jonathan Trelawney Baronet (late Lord Bishop
of Winchester), deceased, to be sold, for discharging
certain Mortgages by him made thereof; and for
other Purposes therein mentioned."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Dux Devon.
Dux Kent.
Dux Dorset.
Dux Bridgewater.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Godolphin.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Sussex.
Comes Macclesfield.
Vis. Say & Seale.
Vis. Tadcaster.
Vis. Falmouth.
Vis. Harcourt. |
Arch. Ebor.
Epus. Winton.
Epus. Petriburg.
Epus. Lincoln.
Epus. Carliol.
Epus. Norwic.
Epus. Bristol.
Epus. Exon. |
Ds. Delawarr.
Ds. Clinton.
Ds. Compton.
Ds. Lynne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Boyle.
Ds. Hay.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Lechmere. |
Their Lordships, or any Five of them; to meet on
the First Day after the Recess at Easter, at Ten
a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn
as they please.
Thorowgood to change his Name to Lord, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to enable Simon Thorowgood Gentleman to change his
Surname of Thorowgood to that of Lord."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees beforenamed:
Their Lordships, or any Five of them; to meet
To-morrow, at Ten a Clock in the Forenoon, in
the Prince's Lodgings near the House of Peers;
and to adjourn as they please.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum septimum diem instantis Martii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Mercurii, 17o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestr.
Epus. Bristol.
Epus. Exon.
Epus. Landav. |
Dux Greenwich, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Devon.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Leicester.
Comes Warwick & Holland.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Buchan.
Comes Findlater.
Comes Selkirk.
Comes Stair.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Sussex.
Comes Cadogan.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth. |
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Clinton.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Arundell Tr.
Ds. Craven.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
L. and Ly. Pagett versus D. of Bridgewater and Peirce:
The Order of the Day being read, for resuming the
adjourned Debate, which arose on Consideration of
what was offered, by Counsel, on Monday last, upon
hearing the Cause wherein Thomas Catesby Pagett
Esquire commonly called Lord Pagett and the Lady
Elizabeth his Wife are Appellants, and Scroop Duke of
Bridgewater and John Peirce Gentleman are Respondents:
And One Counsel of a Side attending, according to
the Order Yesterday:
They were called in.
And Mr. Solicitor General, on the Part of the Appellants, acquainted the House, "That the said Parties
were come to an Agreement; and that the same was
put into Writing, and signed as well by the said
Duke of Bridgewater as the said Lord Pagett."
And Mr. Attorney General, on the Part of the said
Duke, likewise acquainting the House, "That his
Grace did consent to, and had signed, the said written
Agreement:"
The same was delivered in, at the Bar.
And the Counsel were directed to withdraw.
And being withdrawn:
The said written Agreement was read, by the Clerk.
Decree reversed, by Agreement.
And, after Consideration had in relation to this Matter, it is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, according to the
said written Agreement, "That the Decree of the
Court of Chancery, made the Ninth Day of December
One Thousand Seven Hundred Twenty-three, complained of in the Appeal of the said Lord Pagett and
Elizabeth Lady Pagett his Wife, be, and is hereby,
reversed; and that the said Appellants shall have and
enjoy, to and for their own Use and Benefit, the
strong Box mentioned in the last Will of the late
Countess of Bridgewater, and the Chest of Drawers
to which the said strong Box was affixed, and the
Three Hundred Pounds Bank Stock, mentioned in a
Note, or Declaration of Trust, dated the Thirteenth
Day of March One Thousand Seven Hundred and
Two, under the Hand of the Respondent Peirce,
whereby he promised to transfer to the said Countess
Three Hundred Pounds Bank Stock at Demand, and
to be accomptable for all Dividends thereon until such
Transfer; and also that the said Appellants shall have
and enjoy, to and for their own Use and Benefit, the
several Annuities issuing out of the Exchequer for
the Residue of Ninety-nine Years, which are mentioned or described in One other Note or Declaration
of Trust dated the Twenty-second Day of June One
Thousand Seven Hundred and Five, under the Hand
of the said Peirce, and all Dividends and Yearly Payments, which became due or payable at any Time
since the Decease of the said late Countess, for or
in respect of the said Three Hundred Pounds Bank
Stock, or of the said Annuities, or any or either
of them, which said several Notes or Declarations of
Trust were found in the said Drawers or One of
them, at the Opening thereof soon after the Decease
of the said Countess; and also that the said Appellants shall retain, have, and enjoy, to and for their
own Use and Benefit, One Bank Note for Two Hundred Pounds, and Three Exchequer Notes for One
Hundred Pounds each, and all the Gold and Silver
which were found in any of the Drawers of the said
Chest at the Time of the Opening thereof as aforesaid; and that the Respondents, or One of them, at
the Request and at the Charge of the said Appellants,
shall transfer and assign to the said Appellants the
said Three Hundred Pounds Bank Stock, and the said
several Annuities issuing out of the Exchequer, and
deliver to the said Appellants the several Tallies and
Orders relating thereto: And that the said Respondent the Duke of Bridgewater shall have and enjoy,
to his own proper Use and Benefit, as Part of the
Residuum of the Personal Estate of the said Countess,
the several Stocks specified in One other Note or
Declaration of Trust, dated the Eighteenth Day of
March One Thousand Seven Hundred and Fourteen,
and signed by the said Peirce, which was also found
in One of the said Drawers at the Opening thereof
as aforesaid (except so much of the South Sea Stock of
Two Thousand Pounds therein mentioned as appears,
by an Indorsement, signed by the said Countess, on
the said Note, to have been transferred by the Respondent Peirce by her Order), together with all
Dividends, for or in respect of the said several Stocks
mentioned in the said Note of the Eighteenth of
March One Thousand Seven Hundred and Fourteen,
which became due or payable since the Death of the
said Countess; and that the said last mentioned Note,
or Declaration of Trust, be delivered by the Appellants
to the Respondent the Duke of Bridgewater; and that
the Respondent Peirce shall have his Costs in both the
said Causes, to be taxed by the said Court, and be
paid to him out of the Residuum of the Personal
Estate of the said Countess; but as between the Appellants and the Respondent the Duke of Bridgewater there is to be no Costs on either Side: And that
if any Question shall hereafter arise between the said
Parties, touching the Matters aforesaid, this Judgement shall be carried into Execution by the said Court
of Chancery."
D. of Kent, Leave for a Bill.
The Lord on the Woolsack acquainted the House,
That the Lord Chief Baron of the Court of Exchequer had a Report to deliver in, from the Judges to
whom the Petition of Henry Duke of Kent was referred; praying Leave to bring in a Bill, for the
Purposes therein mentioned."
And thereupon the Lord Chief Baron delivered in
the said Report; and signified to the House the Nature
of the Matters contained in the Bill; and submitted it
to the House, how far their Lordships Standing Order
has been complied with, in relation to the Parties that
may be concerned signing the Petition.
And, after reading, and considering, the said Report,
it is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Dutch. Dowager of Mailborough & al. touching the D. of Bedford's Bill.
Upon reading the Petition of Sarah Dutchess Dowager of Marlborough, Francis Earl of Godolphin, John
Hanbury and William Clayton Esquires, Executors of the
last Will of John late Duke of Marlborough; praying,
"That due Provision may be made in the Bill, intituled, "An Act for settling the Estates of the most
Noble Wriothesly Duke of Bedford, on his Marriage
with the Right Honourable the Lady Anne Egerton
Daughter of the most Noble Scroop Duke of Bridgewater;" to ascertain the Sum which is payable by
the Petitioners, and at what Time, and to whom they
may with Safety pay the same, and upon such Payment be legally discharged:"
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed.
Sheffield Hospital Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for
vesting in Trustees several Lands, Tenements, and
Hereditaments, in the Counties of York and Derby,
for the Maintenance of the poor Persons in the Hospital of Gilbert Earl of Shrewsbury, long since deceased, situate at Sheffield, in the said County of York;
and for enlarging the Buildings of the said Hospital,
and adding more poor Persons to those already established therein," was committed: "That the Committee had considered the said Bill, and made some
Amendments thereunto."
Which were read Twice, and agreed to.
Ordered, That the said Bill, with the Amendments, be engrossed.
Hester's Bill.
The Lord Delawarr also reported from the Lords
Committees to whom the Bill, intituled, "An Act for
confirming and rendering effectual an Agreement
made between Anne Hester Widow, William Hester,
and Anne Hester the Younger; and for vesting in
Trustees certain Messuages and Tenements, in the
Parish of St. Olave, in Southwark, in the County of
Surry, to enable them to convey the same, pursuant
to Articles of Agreement made for Sale thereof; and
for other Purposes therein mentioned," 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.
Sir F. Burke's Pet. referred to Judges.
Upon reading the Petition of Sir Festus Burke Baronet; praying Leave to bring in a Bill, for Sale of Part
of an Estate, in the County of Gallway, in the Kingdom of Ireland, towards discharging the Debts and
Incumbrances affecting the same; and for charging
the Remainder thereof with a Rent Charge of Five
Hundred Pounds per Annum, as and for the Jointure
of Dame Letitia Burke the Petitioner's Wife, according to her Marriage Agreement; and for settling the
rest and Residue of the said Estate, to the Uses, and
upon the Trusts, Intents, and Purposes, in a certain
Indenture mentioned in the said Petition:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Baron of the Court of Exchequer and Mr. Baron Gilbert; 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; and
further, that One of the Judges do, in his Person, deliver into this House the said Bill, with their Report
thereupon; and that the Lord on the Woolsack do acquaint the House therewith; and the Judge at the same
Time is to signify to their Lordships, whether the
Standing Orders in relation to Private Bills have been
duly observed.
Thorowgood, to take the Name of Lord, Bill.
The Lord Bishop of Norwich reported from the
Lords Committees to whom the Bill, intituled, "An Act
to enable Simon Thorowgood Gentleman to change his
Surname of Thorowgood to that of Lord," was committed: "That they had gone through the said Bill,
and directed him to report the same to the House,
without any Amendment."
Litherland & al. Bill.
Also, the Lord Bishop of Norwich reported from the
Lords Committees to whom the Bill, intituled, "An
Act to enable certain Trustees, therein named, to make
a Conveyance of Lands, in Thringston, in the County
of Leicester, in Pursuance of Articles of Agreement
entered into for that Purpose," was committed:
That they had considered the said Bill, and sound 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 made One
Amendment thereunto."
Which was read Twice, and agreed to.
Ordered, That the said Bill, with the Amendment,
be engrossed.
Stapvlton versus E. of Shelburne and Wyvill, in Error:
The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon Two
Writs of Error depending in this House; in One of
which, John Stapylton Esquire is Plaintiff, and Henry
Shelburne Esquire, Earl of Shelburne in the Kingdom
of Ireland, is Defendant; and in the other, the said
Mr. Stapylton is likewise Plaintiff, and Marmaduke
Wyvill Esquire is Defendant:"
It is Ordered, That this House will hear the said
Errors argued, by Counsel on both Sides, at the Bar,
on the First vacant Day for Causes after those already
appointed.
Mitchell versus Craig & al.
Upon reading the Petition of William Mitchell of
London Merchant, Appellant in a Cause depending in
this House, to which Robert Craige Esquire and his Creditors and William and Jane Denniston are Respondents;
praying, "That the said Cause may be heard the next
Cause-day in Course, as to the Respondents who
have answered; and be heard ex Parte as to William
and Jane Denniston, who, by Order of this House of
the Twenty-sixth of February last, were required peremptorily to put in their Answer to the said Appeal
in a Week, and have neglected so to do:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the next vacant
Day for Causes after those already appointed; and be
heard ex Parte as to the said William and Jane Denniston,
according to the Prayer of the said Petition, in case
they do not put in their Answer in the mean Time.
Sheldon's Bill.
The Lord Guilford reported from the Lords Committees to whom the Bill, intituled, "An Act for the
Sale of the Manors of Middle Ditchford, alias Freeman's Ditchford, Guys Ditchford, alias Over Ditchford, and other Lands therein mentioned, in the
County of Worcester, for Payment of the Debts of
Gilbert Sheldon Esquire, deceased, and for making
Provision for his Widow, his Children, and Grandchildren, and other Purposes therein mentioned,"
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.
Cambridge Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for repairing Part of the Road from London to Cambridge, beginning at the End of the Parish of Foulmire, in the said County, next to Barly, in the
County of Hertford, and ending at the Pavement in
Trumpington Street, in the Town of Cambridge."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Stanford Bridge Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to enable the Justices of the Peace for the East Riding
of the County of York to take down the County
Bridge, called Stanford Bridge; and to build a Stone
Bridge, at a more convenient Place, over the River
Darwent, in the said Riding, instead thereof."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Two preceding Bills.
And Messages were severally sent to the House of
Commons, by Mr. Bennet Junior and Mr. Thurston:
To acquaint them, that the Lords have agreed to the
said Bills, without any Amendment.
De la Croze, Nat. Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act
to naturalize Mary Marie de la Croze."
E. of Exeter's Pet. referred to Judges.
Upon reading the Petition of Brownlowe Earl of
Exeter, William Aislabie Esquire and the Lady Elizabeth
his Wife; praying Leave to bring in a Bill, for Sale of
several Manors, Messuages, Farms, Lands, Tenements,
Rents, Woods, and Hereditaments, lying and being in
the several Counties of Lincoln and Middlesex, or One
of them, for Payment of the Debts, Funeral Charges,
and Legacies, of Elizabeth late Countess of Exeter,
deceased:
It is Ordered, That the Consideration of the
said Petition be, and is hereby, referred to the Lord
Chief Baron of the Court of Exchequer and Mr.
Baron Gilbert; 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: And further, that One of the Judges do, in
Person, deliver into this House the said Bill, with their
Report thereupon; and that the Lord on the Woolsack
do acquaint the House therewith; and the Judge, at
the same Time, is to signify to their Lordships, whether
the Standing Orders in relation to Private Bills have
been duly observed.
Malt Duties, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for continuing the Duties upon Malt, Mum, Cyder,
and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties
upon Malt, Mum, Cyder, and Perry, in that Part of
Great Britain called Scotland, for the Service of the
Year One Thousand Seven Hundred and Twenty-five;
and for transferring the Deficiency of a late Malt Act
to this Act; and for explaining a late Act in relation
to Stamp Duties on News Papers; and for appropriating the Supplies granted in this Session of Parliament; and for disposing certain Overplus-money to
proper Objects of Charity; and for making forth
Duplicates of Exchequer Bills, Lottery Tickets, and
Orders, lost, burnt, or otherwise destroyed; and for
giving further Time to Clerks and Apprentices to
pay Duties omitted to be paid for their Indentures and
Contracts."
Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow.
Eyre versus Blake & al.:
A Petition of Luke Martin, Agent for Edward Eyre
Esquire, Appellant in a Cause depending in this House,
to which Thomas Blake, Ulick Burke, and Walter Taylor,
are Respondents, was presented to the House, and
read; and praying, "In regard a certain Deed is
wanting, which may be material to be produced at
the Hearing this Cause, that the Hearing the same
may be put off for some Time:"
And thereupon the Petitioner and Mr. Lewellin the
Respondent's Agent were called in, and heard in relation to the Allegations of the said Petition.
And being withdrawn:
Pet. rejected.
It is Ordered, That the said Petition be rejected.
Rating unrated Goods, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for rating such unrated Goods and Merchandizes as
are usually imported into this Kingdom, and pay
Duty ad Valorem, upon the Oath of the Importer;
and for ascertaining the Value of all Goods and Merchandizes not inserted in the former or present Book
of Rates; and for repealing certain Duties upon
Drugs and Rags; and for continuing the Duty upon
Apples; and for ascertaining the Method of admeasuring Pictures imported."
Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow.
Westhaughton, to enclose, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to enclose divers Parcels of Waste Grounds, lying and
being in Westhaughton, in the County Palatine of
Lancaster."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Dux Greenwich, Senescallus.
Dux Montagu.
Dux Kent.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Warwick.
Comes Westmorland.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Findlater.
Comes Strafford.
Comes Uxbridge.
Comes Sussex.
Comes Macciesfield.
Comes Pomfret.
V. Say & Seale.
V. Townshend.
V. Tadcaster.
V. Cobham. |
Epus. Dunelm.
Epus. Cestriens.
Epus. Oxon.
Epus. Lincoln.
Epus. Glocestr.
Epus. Norwic.
Epus. Hereford.
Epus. Bristol.
Epus. Exon. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Compton.
Ds. Lynne.
Ds. Craven.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
Their Lordships, or any Five of them; to meet
on Monday next, at Ten a Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Bank Annuities, to continue, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act
for continuing the several Annuities of Eighty-eight
Thousand Seven Hundred Fifty-one Pounds Seven
Shillings and Ten Pence Halfpenny, and One Hundred Thousand Pounds, to the Bank of England, until
Midsummer One Thousand Seven Hundred Twenty-seven; and from thence for reducing the same to
Seventy-one Thousand One Pounds Two Shillings
and Three Pence Three Farthings, and Eighty Thousand Pounds, redeemable by Parliament; and for pre
venting the uttering of forged, counterfeited, or erased
Bank Bills or Notes."
Thorowgood, to take the Name of Lord, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to enable Simon Thorowgood Gentleman to change his
Surname of Thorowgood to that of Lord."
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. Bennet Junior and Mr. Thurston:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum octavum
diem instantis Martii, hora undecima Auroræ, Dominis
sic decernentibus.
DIE Jovis, 18o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Cestriens.
Epus. Asaphens.
Epus. Sarum.
Epus. Lincoln.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Epus. Exon.
Epus. Landav. |
Dux Greenwich, Senescallus.
Dux Graston, Camerarius.
Dux Richmond.
Dux Devon.
Dux Rutland.
Dux Montagu.
Dux Roxburgh.
Dux Kent.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Leicester.
Comes Warwick & Holland.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Godolphin.
Comes Cholmondeley.
Comes Buchan.
Comes Findlater.
Comes Selkirk.
Comes Stair.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount Falmouth.
Viscount Harcourt. |
Ds. Percy.
Ds. Delawarr.
Ds. Clinton.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Mutiny Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for punishing Mutiny and Desertion; and for the
better Payment of the Army and their Quarters."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Protest against it:
"Dissentient.
"For the Reasons entered in the Journals the Twenty-fourth of February 1717, the Twenty-first of December 1721, the Sixteenth of February 1722, and
the Sixteenth of March 1723; which, we conceive,
are much stronger against continuing the present
Number of Forces, when Peace Abroad and Tranquillity at Home are avowedly established on as solid
and lasting a Foundation as the Nature of Human
Affairs will admit.
"Strafford.
Scarsdale.
Fran. Cestriens.
Bingley.
Wharton.
Litchfield.
Ashburnham.
Compton.
Montjoy.
Bathurst.
Boyle.
Foley."
Message to H. C. that the Lords have agreed to the Bill.
A Message was sent to the House of Commons, by
Mr. Lighboun and Mr. Thurston:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
King's Answer to Address, for Accompt of Money issued to Half-pay Officers.
The Lord Steward acquainted the House, "That the
Lords with White Staves (according to Order) had
waited on His Majesty, with the Address of this
House, on Tuesday last; and that His Majesty was
pleased to say,
"He would give Directions, that the Accompt desired should be laid before this House without Delay."
Mrs. Parker's Pet. to receive Appeal:
The House (according to Order) proceeded to take
into Consideration the Motion made on Tuesday last,
for dispensing with the Standing Order limiting the
Time for bringing Appeals, on account of a Petition of
Margaret Parker Widow; praying, "That her Appeal
against certain Proceedings of the Court of Chancery may be received, as if the same had been presented in due Time."
And the said Petition being read:
Rejected.
It is Ordered, That the said Petition be rejected.
Malt Duties, Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties upon Malt,
Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty
certain Duties upon Malt, Mum, Cyder, and Perry,
in that Part of Great Britain called Scotland, for the
Service of the Year One Thousand Seven Hundred
and Twenty-five; and for transferring the Deficiency
of a late Malt Act to this Act; and for explaining
a late Act in relation to Stamp Duties on News Papers; and for appropriating the Supplies granted in
this Session of Parliament; and for disposing certain
Overplus-money to proper Objects of Charity; and
for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise
destroyed; and for giving further Time to Clerks and
Apprentices to pay Duties omitted to be paid for
their Indentures and Contracts."
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."
Rating unrated Goods, Bill.
The House (according to Order) was adjourned
during Pleasure, and put into a Committee upon the
Bill, intituled, "An Act for rating such unrated Goods
and Merchandizes as are usually imported into this
Kingdom, and pay Duty ad Valorem, upon the Oath
of the Importer; and for ascertaining the Value of
all Goods and Merchandizes not inserted in the former
or present Book of Rates; and for repealing certain
Duties upon Drugs and Rags; and for continuing the
Duty upon Apples; and for ascertaining the Method
of admeasuring Pictures imported."
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."
Insolvent Debtors Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for Relief of Insolvent Debtors."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Tuesday next come
Fortnight; and that the Judges have a Copy thereof
in the mean Time, and do then attend.
De la Croze's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to naturalize Mary Marie de la Croze."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Dux Kent.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Warwick.
Comes Westmorland.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
V. Say & Seale.
V. Tadcaster.
V. Harcourt. |
Arch. Ebor.
Epus. Lincoln.
Epus. Carliol.
Epus. Norwic.
Epus. Bristol.
Epus. Exon. |
Ds. Delawarr.
Ds. Cornwallis.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Boyle.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
Their Lordships, or any Five of them; to meet on
Saturday next, at Ten a Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Sheldon's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act
for the Sale of the Manors of Middle Ditchford, alias
Freeman's Ditchford, Guy's Ditchford, alias Over
Ditchford, and other Lands therein mentioned, in the
County of Worcester, for Payment of the Debts of
Gilbert Sheldon Esquire, deceased; and for making
Provision for his Widow, his Children, and Grandchildren, and other Purposes therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Hester's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act
for confirming and rendering effectual an Agreement
made between Anne Hester Widow, William Hester,
and Anne Hester the Younger; and for vesting in
Trustees certain Messuages and Tenements, in the
Parish of St. Olave, in Southwark, in the County of
Surry; and to enable them to convey the same,
pursuant to Articles of Agreement made for Sale
thereof; and for other Purposes therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Litherland & al. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to enable certain Trustees, therein named, to make a
Conveyance of Lands, in Thringston, in the County
of Leicester, in Pursuance of Articles of Agreement
entered into for that Purpose."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with the Three preceding Bills.
And Messages were severally sent to the House of
Commons, by Mr. Lightboun and Mr. Thurston:
To carry down the said Bills, and desire their Concurrence thereunto.
Bank Annuities, to continue, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for continuing the several Annuities of Eighty-eight
Thousand Seven Hundred Fifty-one Pounds Seven
Shillings and Ten Pence Halfpenny, and One Hundred Thousand Pounds, to the Bank of England, until
Midsummer One Thousand Seven Hundred Twentyseven; and from thence, for reducing the same to
Seventy-one Thousand and One Pounds Two Shillings and Three Pence Three Farthings, and Eighty
Thousand Pounds, redeemable by Parliament; and
for preventing the uttering of forged, counterfeited;
or erased, Bank Bills or Notes."
Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow Morning.
Tunbridge Highways Bill.
The Lord Viscount Falmouth reported from the Lords
Committees to whom the Bill, intituled, "An Act for
enlarging the Term granted by an Act made in the
Eighth Year of the Reign of Her late Majesty
Queen Anne, intituled, "An Act for repairing and
amending the Highways leading from Seven Oaks to
Woodsgate and Tunbridge Wells, in the County of Kent;"
and for explaining and making more effectual the
same Act; and for amending (out of the Tolls and
Duties arising by the said Act and this present Act)
the Highways leading from Woodsgate aforesaid to
Kippings Crosse, in the Parish of Brenchly, in the
said County of Kent," was committed: "That they
had gone through the said Bill, and directed him to
report the same to the House, without any Amendment."
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum
esse usque ad et in diem Veneris, decimum nonum
diem instantis Martii, hora undecima Auroræ, Dominis
sic decernentibus.
DIE Veneris, 19o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon.
Epus. Landav. |
Dux Greenwich, Senescallus.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Devon.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Leicester.
Comes Warwick & Holland.
Comes Westmorland.
Comes Berks.
Comes Peterborow & Monmouth.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Buchan.
Comes Findlater.
Comes Selkirk.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
Viscount Harcourt. |
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Clinton.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Stawell.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Messages from H. C. to return the Bill for Sale of the late E. of Rivers' Estate:
A Message was brought from the House of Commons,
by Mr. Lloyd and others:
To return the Bill, intituled, "An Act for vesting
the Manor and Lands of and in Brignal, in the
County of York, late the Estate and Inheritance of
Richard Earl Rivers, deceased, in Trustees, to be
sold, towards discharging the Incumbrances affecting
his Estate, in the County of Chester;" and to acquaint this House, that they have agreed to the said Bill,
without any Amendment.
Guy's Charity Bill;
A Message was brought from the House of Commons, by Mr. Lade and others:
To return the Bill, intituled, "An Act for incorporating the Executors of the last Will and Testament
of Thomas Guy, late of the City of London, Esquire,
deceased, and others, in order to the better Management and Disposition of the Charities given by his
said last Will;" and to acquaint this House, that
they have agreed to the said Bill; without any Amendment.
and Skrymsher's Bill.
A Message was brought from the House of Commons,
by Mr. Leveson Gower and others:
To return the Bill, intituled, "An Act for discharging certain Lands, at Eccleshall, in the County of
Stafford, from the Uses and Limitations contained in
the Marriage Settlement of Thomas Boothby Skrymsher
Esquire; and for settling other Lands, in the same
County, of greater Value, to the same Uses;" and
to acquaint this House, that they have agreed to the
said Bill, without any Amendment.
D. of Kent's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act
for vesting the Estates of the most Noble Henry
Duke of Kent, in the Counties of Hereford, Monmouth, and Gloucester, in the said Duke and his
Heirs; and for settling his other Estates, in the
Counties of Essex, Suffolk, Bedford, Hertford, Northampton, and Lelcester, in Lieu thereof.
Ly. A. Egerton's Petition, touching D. of Bedford's Bill.
Upon reading the Petition of the Lady Anne Egerton an Infant, by the Honourable William Egerton
Esquire her prochein Amy; taking Notice of the Petition of the Dutchess Dowager of Marlborough and the
Executors of the late Duke; desiring, "That Provision
may be made in the Bill, for settling the Estates of
the Duke of Bedford, on his Marriage with the Petitioner, to ascertain the Portion, or Part of the Portion, of the Petitioner, and to whom the same may
be safely paid;" and praying, "That Counsel may
be heard, and Consideration had, by the Lords Committees to whom the said Bill stands committed,
touching the Subject-matter of the said Petition:"
It is Ordered, That the Consideration of the
said Petition be referred to the Lords Committees to
whom the said Bill stands committed; and that their
Lordships be empowered to hear Counsel thereupon, if
they think fit.
Manchester Read Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for repairing and widening the Road from Sherbrook
Hill, near Buxton and Chappell in the Frith, in the
County of Derby, to Manchester, in the County of
Lancaster."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
Dux Montagu.
Dux Kent.
Dux Manchester.
Dux Dorset.
March. Tweeddale.
Comes Westmorland.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Findlater.
Comes Strafford.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
V. Say & Seale.
V. Tadcaster.
V. Harcourt. |
Epus. Cestriens.
Epus. Oxon.
Epus. Lincoln.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Bristol.
Epus. Exon. |
Ds. Delawarr.
Ds. Clinton.
Ds. Cornwallis.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Lechmere. |
Their Lordships, or any Five of them; to meet
To-morrow, at Ten a Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Foster & Ux. versus Savage.
U. on reading the Petition and Appea of William
Foster Esquire and Elizabeth his Wife; complaining of
a Decree made by the late Lord Chancellor the Nineteenth of June 1724, and an Order made by the Lords
Commissioners of the Great Seal the Twenty-seventh
of February last, in a Cause wherein George Savage
was Plaintiff, and the Petitioners and others were Defendants; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed with Costs:"
And thereupon a Certificate, under the Hand of
Edward Goldesbrough Esquire, Deputy Register of the
said Court, "That the said Order was not entered till
the Fifteenth Instant," being read:
It is Ordered, That the said George Savage 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 Friday the Second Day of April
next.
Youngs versus Burdet & al.
After hearing Counsel, in Part, upon 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: As also upon the Answer of William Burdet and Frances his Wife and John Sutton put in
to the said Appeal:
And being withdrawn:
It is Ordered, That the Hearing the Residue of
the said Cause be adjourned till To-morrow.
Bank Annuities, to continue, Bill.
The Order of the Day being read, for the House to
be in a Committee upon the Bill, intituled, "An Act
for continuing the several Annuities of Eighty-eight
Thousand Seven Hundred Fifty-one Pounds Seven
Shillings and Ten Pence Half-penny, and One Hundred Thousand Pounds, to the Bank of England, until
Midsummer One Thousand Seven Hundred Twentyseven; and from thence, for reducing the same to
Seventy-one Thousand and One Pounds Two Shillings
and Three Pence Three Farthings, and Eighty Thousand Pounds, redeemable by Parliament; and for
preventing the uttering of forged, counterfeited, or
erased, Bank Bills or Notes:"
It is Ordered, That the House be put into a Committee thereupon To-morrow, after the Cause.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum
esse usque ad et in diem Sabbati, vicesimum diem
instantis Martii, hora undecima Auroræ, Dominis sic
decernentibus.
DIE Sabbati, 20o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Georgius Princeps Walliæ.
|
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Cestriens.
Epus. St. Asaphen.
Epus. Oxon.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Meneven.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon. |
Dux Greenwich, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Devonshire.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Leicester.
Comes Westmorland.
Comes (fn. 1) Ber'shire.
Comes Scarborough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Godolphin.
Comes Buchan.
Comes Findlater.
Comes Deloraine.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt. |
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Clinton.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Stawell.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common
Pleas sat Speaker.
Messages from H. C. with a Bill; and to return the D. of Bolton's Bill, with Amendments.
A Message was brought from the House of Commons, by Mr. West and others:
With a Bill, intituled, "An Act for regulating
Elections within the City of London; and for preserving the Peace, good Order, and Government, of the
said City;" to which they desire the Concurrence of
this House.
A Message was brought from the House of Commons,
by the Lord William Pawlet and others:
To return the Bill, intituled, "An Act for explaining a Power contained in the Settlement of the
Dutchess of Bolton's Estate on her Marriage with the
present Duke, and making the same more effectual
for the Purposes thereby intended;" and to acquaint
this House, that they have agreed to the said Bill, with
some Amendments, whereunto they desire the Concurrence of this House.
Elections in London, to regulate, Bill.
Ordered, That the Bill, intituled, "An Act for
regulating Elections within the City of London, and
for preserving the Peace good Order, and Government, of the said City," be read the First Time on
Monday next.
Message from H. C. to return Sir Gervas Clifton's Bill.
A Message was brought from the House of Commons,
by the Marquis of Hartington and others:
To return the Bill, intituled, "An Act to explain
and amend an Act passed in the Ninth Year of His
present Majesty, intituled, "An Act for vesting the
Estates of Sir Gervas Clifton Baronet in Trustees;
and to enable him to take an Estate for Life, by Way
of Purchase, in Settlements intended to be made of
his Estates, on the Marriage of Robert Clifton Esquire,
his Son and Heir Apparent;" and to acquaint this
House, that they have agreed to the same, with One
Amendment, whereunto they desire the Concurrence of
this House.
Youngs versus Burdet & Ux.
After hearing Counsel, as well Yesterday as this Day,
upon 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 so much
of a Decree made by Mr. Baron Price, in the Absence
of the Lord Chancellor, the Third of November 1722,
in a Cause wherein William Burdett and Frances his
Wife were Plaintiffs, and the said Bartholomew Young
the Appellant, Mary and the said John Sutton Defendants, as gives the said Mary no Relief, on Account of
her Husband's being a Freeman of the City of London;
and also complaining of a Decree of the said Lord
Chancellor, made the Twenty-fifth of April 1724, upon
an Appeal to his Lordship, from the said Decree of Mr.
Baron Price: As also upon the Answer of the said
William Burdett and Frances his Wife put in to the said
Appeal to this House; and due Consideration had of
what was offered on either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That such Part
of the said Decree of Mr. Baron Price, as orders the
Respondents their Costs of Suit out of the Estate of
the Testator the said Thomas Sutton, be, and is hereby,
reversed; but that the said Decree as to all other Parts
thereof be, and the same is hereby, affirmed: And it is
further Ordered and Adjudged, That so much of the
said Decree of the late Lord Chancellor, as varies from
the said Decree of Mr. Baron Price, or the Direction
of this House, be, and the same is hereby, reversed.
Messages from H. C. with Articles of Impeachment against the E. of Macclesfield; and to
A Message was brought from the House of Commons, by Sir George Oxenden and others:
Who delivered in, at the Bar, Articles of Impeachment
of high Crimes and Misdemeanors, against Thomas Earl
of Macclesfield.
return Bateman's Bill.
A Message was brought from the House of Commons, by Mr. Vyner and others:
To return the Bill, intituled, "An Act to enable
James Bateman Esquire to sell the Manor of Tooting
Graveney, and all other his Estate in the County of
Surrey; and, with the Monies arising thereby, 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 Estate in Surrey stands settled;" and
to acquaint this House, that they have agreed to the
said Bill, without any Amendment.
Articles of Impeachment against E. Macclesfield read.
Then the said Articles of Impeachment were read, by
the Clerk, as follow:
"Articles, exhibited by the Knights, Citizens, and
Burgesses, in Parliament assembled, in the
Name of themselves and all the Commons of
Great Britain, against Thomas Earl of Macclesfield, in Maintenance of their Impeachment
against him, for high Crimes and Misdemeanors.
"Whereas the Office of Lord Chancellor of Great
Britain is an Office of the highest Dignity and Trust,
upon the impartial and uncorrupt Execution whereof
the Honour of the Crown and the Welfare of the
Subjects of this Kingdom greatly depend: And
whereas Thomas Earl of Macclesfield, in or about
the Month of May in the Year of our Lord One
Thousand Seven Hundred and Eighteen, by the great
Grace and Favour of His Most Excellent Majesty,
was constituted and appointed Lord Chancellor of
Great Britain, and did thereupon take the usual
Oath for the due Execution of that high Office,
whereby he did swear, "well and truly to serve our
Sovereign Lord the King and His People, Poor and
Rich, after the Laws and Usages of this Realm," and
such other Oaths as have been accustomed; and the
said Earl continued in this great Office until about
the Month of January in the Year of our Lord
One Thousand Seven Hundred and Twenty-four; and,
in Right thereof, was entrusted with the Nomination
and Admission to the Offices of Masters of the Court
of Chancery; which Masters of the said Court are
Officers of great Trust, sworn to serve the King and
His People, and associated to the Lord Chancellor
for his Assistance in the due Administration and Execution of Justice in the said Court: And whereas
His Majesty, upon the said Earl's being appointed to
the Office of Lord Chancellor, did, of His Grace and
Bounty, bestow upon the said Earl the Sum of
Fourteen Thousand Pounds, or some other great
Sum; and did likewise grant unto George Parker
Esquire, now commonly called Lord Parker, Eldest
Son and Heir Apparent of the said Earl, a Yearly
Pension of Twelve Hundred Pounds, payable out of
His Majesty's Receipt of the Exchequer, during the
Joint Lives of His Majesty and the said Lord
Parker, determinable upon His Majesty's making a
Grant to the said Lord Parker, in Possession, of
the Office of One of the Tellers of His Majesty's
Exchequer, for the Term of his natural Life; which
Office, being of the Yearly Value of Fifteen Hundred Pounds or upwards, has been since granted
by His Majesty unto the said Lord Parker for his
Life, who, in or about the Month of July in the
Year of our Lord One Thousand Seven Hundred and Nineteen, was duly admitted to, and doth
still enjoy, the same; and the said Earl, during
the Time of his continuing Lord Chancellor of Great
Britain, did not only enjoy the usual Salary, Fees,
and Profits, belonging to his Office, of a very great
Annual Value; but also did continue to receive
an Annual Pension of Twelve Hundred Pounds,
which His Majesty, in or about the Month of
June in the Year of our Lord One Thousand
Seven Hundred and Sixteen, had granted to him and
his Assigns, during His Majesty's Life; and did likewise receive from the Crown a further Annual Allowance of Four Thousand Pounds, and many other
Advantages: Yet he the said Thomas Earl of Macclesfield, not being satisfied with this large and ample
Revenue, nor regarding the Obligation of his Oath;
or the Duty of his high and important Office; but
entertaining wicked and corrupt Designs and Views,
to raise and procure to himself excessive and exorbitant Gain and Profit, by divers unjust and oppressive
Practices and Methods herein after mentioned, whilst
he continued in the said Office of Lord Chancellor,
did, illegally, corruptly, and extorsively, take and receive to his own private Use the following or some
other great Sums of Money.
"ARTICLE 1st.
"That Richard Godfrey Esquire, having contracted
with Sir Thomas Gery, One of the Masters of the
Court of Chancery, for the Purchase and Surrender
of his Office, at the Price of Five Thousand Pounds,
or some other great Sum of Money, the said Thomas
Earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, and before the Admission of
the said Richard Godfrey into the Office of One of
the Masters of the Court of Chancery, did, by
Colour of his Office of Lord Chancellor, illegally,
corruptly, and extorsively, insist upon, take, and receive, of and from the said Richard Godfrey, the Sum
of Eight Hundred and Forty Pounds, or some other
Sum of Money, for the admitting him into such
Office of a Master of the Court of Chancery, and
to the Intent that the said Richard Godfrey should
have, exercise, and enjoy the same, which said Office
touches and concerns the Administration and Execution of Justice in the said Court: And the said
Thomas Earl of Macclesfield, being Lord Chancellor,
in Pursuance and Execution of the said wicked and
corrupt Bargain, or in Pursuance of some other
Bargain or Agreement of the same infamous and
corrupt Nature, did admit and swear the said Richard
Godfrey into the Office of One of the Masters of the
said Court of Chancery, upon the Surrender of the
said Sir Thomas Gery, in Breach and Violation of his
Oath as Lord Chancellor, and of the great Trust in
him reposed, contrary to the Duty of his Office, and
the good and wholesome Laws and Statutes of this
Realm.
"ARTICLE IId.
"That the Office of One of the Masters of the
said Court of Chancery becoming vacant, by the
Death of Samuel Browning Esquire, One of the late
Masters of the said Court, the said Thomas Earl of
Macclesfield, whilst he continued Lord Chancellor of
Great Britain, and before the Admission of James
Lightboun Esquire into the said Office of One of the
Masters of the Court of Chancery, did, by Colour
of his Office of Lord Chancellor, illegally, corruptly,
and extorsively, insist upon, take, and receive, of and
from the said James Lightboun, the Sum of Six
Thousand Pounds, or some other great Sum of
Money, in Consideration of and for the admitting him
into such Office, and to the Intent that the said James
Lightboun should have, exercise, and enjoy the same,
which said Office touches and concerns the Administration and Execution of Justice in the said Court:
And the said Thomas Earl of Macclesfield, being Lord
Chancellor, in Pursuance and Execution of the said
wicked and corrupt Bargain, or in Pursuance of some
other Bargain or Agreement of the same infamous
and corrupt Nature, did admit and swear the said
James Lightboun into the Office of One of the Masters
of the said Court of Chancery, in Breach and Violation of his Oath as Lord Chancellor, and of the
great Trust in him reposed, contrary to the Duty of
his Office, and against the good and wholesome
Laws and Statutes of this Realm.
"ARTICLE IIId.
"That John Borret Esquire having contracted with
John Meller Esquire, One of the Masters of the
Court of Chancery, for the Purchase and Surrender
of his said Office, at the Price of Nine Thousand
Pounds, or some other great Sum of Money; the said
Thomas Earl of Macclesfield, whilst he continued
Lord Chancellor of Great Britain, and before the
Admission of the said John Borret into the Office of
One of the Masters of the Court of Chancery, did,
by Colour of his Office of Lord Chancellor, illegally,
corruptly, and extorsively, insist upon, take, and receive, of and from the said John Borret, the Sum
of Fifteen Hundred and Seventy-five Pounds, or
some other Sum of Money, for the admitting him
into such Office of a Master of the said Court of
Chancery, and to the Intent that the said John Borret
should have, exercise, and enjoy the same, which said
Office touches and concerns the Administration and
Execution of Justice in the said Court: And the said
Thomas Earl of Macclesfield, being Lord Chancellor,
in Pursuance and Execution of the said wicked and
corrupt Bargain, or in Pursuance of some other
Bargain or Agreement of the same infamous and corrupt Nature, did admit and swear the said John
Borret into the Office of One of the Masters of the
said Court of Chancery, upon the Surrender of the
said John Meller, in Breach and Violation of his
Oath as Lord Chancellor, and of the great Trust in
him reposed, contrary to the Duty of his Office, and
against the good and wholesome Laws and Statutes
of this Realm.
"ARTICLE IVth.
"That Edward Conway Esquire having contracted
with John Orlebar Esquire, One of the late Masters
of the Court of Chancery, for the Purchase and
Surrender of his said Office, at the Price of Six
Thousand Pounds, or some other great Sum of Money;
the said Thomas Earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, and before
the Admission of the said Edward Conway into the
Office of One of the Masters of the Court of Chancery, did, by Colour of his Office of Lord Chancellor, illegally, corruptly, and extorsively, insist upon,
take, and receive, of and from the said Edward
Conway, the Sum of Fifteen Hundred Pounds, or
some other Sum of Money, for the admitting him
into such Office of a Master of the said Court of
Chancery, and to the Intent that the said Edward
Conway should have, exercise, and enjoy the same,
which said Office touches and concerns the Administration and Execution of Justice in the said Court:
And the said Thomas Earl of Macclesfield, being Lord
Chancellor, in Pursuance and Execution of the said
wicked and corrupt Bargain, or in Pursuance of some
other Bargain or Agreement of the same infamous
and corrupt Nature, did admit and swear the said
Edward Conway into the Office of One of the Masters
of the said Court of Chancery, upon the Surrender
of the said John Orlebar, in Breach and Violation of
his Oath as Lord Chancellor, and of the great Trust
in him reposed, contrary to the Duty of his Office,
and against the good and wholesome Laws and
Statutes of this Realm.
"ARTICLE Vth.
"That William Kynaston Esquire having contracted
with William Rogers Esquire, One of the Masters of
the Court of Chancery, for the Purchase and Surrender of his said Office, at the Price of Six Thousand
Pounds, or some other great Sum of Money, the
said Thomas Earl of Macclesfield; whilst he continued
Lord Chancellor of Great Britain, and before the
Admission of the said William Kynaston into the
Office of One of the Masters of the Court of Chancery, did, by Colour of his Office of Lord Chancellor, illegally, corruptly, and extorsively, insist upon,
take, and receive, of and from the said William
Kynaston, the Sum of Fifteen Hundred and Seventyfive Pounds, or some other Sum of Money, for
the admitting him into such Office of a Master of
the said Court of Chancery, and to the Intent that
the said William Kynaston should have, exercise, and
enjoy the same, which said Office touches and concerns the Administration and Execution of Justice in
the said Court: And the said Thomas Earl of Macclesfield, being Lord Chancellor, in Pursuance and Execution of the said wicked and corrupt Bargain, or in
Pursuance of some other Bargain or Agreement of
the same infamous and corrupt Nature, did admit
and swear the said William Kynaston into the Office of
One of the Masters of the said Court of Chancery,
upon the Surrender of the said William Rogers, in
Breach and Violation of his Oath as Lord Chancellor,
and of the great Trust in him reposed, contrary to
the Duty of his Office, and against the good and
wholesome Laws and Statutes of this Realm.
"ARTICLE VIth.
"That Thomas Bennet Esquire having contracted with
John Hiccocks Esquire, One of the Masters of the
Court of Chancery, for the Purchase and Surrender
of his said Office, at the Price of Seven Thousand
Five Hundred Pounds, or some other great Sum of
Money, the said Thomas Earl of Macclesfield, whilst
he continued Lord Chancellor of Great Britain, and
before the Admission of the said Thomas Bennet into
the Office of One of the Masters of the said Court
of Chancery, did, by Colour of his Office of Lord
Chancellor, illegally, corruptly, and extorsively,
insist upon, take, and receive, of and from the said
Thomas Bennet, the Sum of Fifteen Hundred and
Seventy-five Pounds, or some other Sum of Money,
for the admitting him into such Office of a Master
of the said Court of Chancery, and to the Intent
that the said Thomas Bennet should have, exercise,
and enjoy the same, which said Office touches and
concerns the Administration and Execution of Justice
in the said Court: And the said Thomas Earl of
Macclesfield, being Lord Chancellor, in Pursuance
and Execution of the said wicked and corrupt
Bargain, or in Pursuance of some other Bargain or
Agreement of the same infamous and corrupt Nature, did admit and swear the said Thomas Bennet into
the Office of One of the Masters of the said Court
of Chancery, upon the Surrender of the said John
Hiccocks, in Breach and Violation of his Oath as
Lord Chancellor, and of the great Trust in him reposed, contrary to the Duty of his Office, and against
the good and wholesome Laws and Statutes of this
Realm.
"ARTICLE VIIth.
"That the Office of One of the Masters of the said
Court of Chancery becoming vacant by the Death
of William Fellows Esquire, One of the late Masters
of the said Court, the said Thomas Earl of Macclesfield, whilst he continued Lord Chancellor of Great
Britain, and before the Admission of Francis Elde
Esquire into the said Office of One of the Masters
of the Court of Chancery, did, by Colour of his
Office of Lord Chancellor, illegally, corruptly, and
extorsively, insist upon, take, and receive, of and from
the said Francis Elde, the Sum of Five Thousand
Two Hundred and Fifty Pounds, or some other great
Sum of Money, in Consideration of and for the admitting him into such Office of a Master of the said
Court of Chancery, and to the Intent that the said
Francis Elde should have, exercise, and enjoy the
same, which said Office, touches and concerns the
Administration and Execution of Justice in the said
Court: And the said Thomas Earl of Macclesfield, being
Lord Chancellor, in Pursuance and Execution of the
said wicked and corrupt Bargain, or in Pursuance of
some other Bargain or Agreement of the same infamous and corrupt Nature, did admit and swear the
said Francis Elde into the Office of One of the Masters
of the said Court of Chancery, in Breach and Violation of his Oath as Lord Chancellor, and of the
great Trust in him reposed, contrary to the Duty of
his Office, and against the good and wholesome Laws
and Statutes of this Realm.
"ARTICLE VIIIth.
"That the Office of One of the Masters of the said
Court of Chancery becoming vacant by the Death
of John Borret Esquire, One of the late Masters of
the said Court, who died insolvent, greatly indebted
to the Suitors of the said Court, the said Thomas
Earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, without securing a just Satisfaction to the said Suitors for their Debts, and before
the Admission of Mark Thurston Esquire into the said
Office of One of the Masters of the Court of Chancery, did, by Colour of his Office of Lord Chancellor,
illegally, corruptly, and extorsively, insist upon, take,
and receive, of and from the said Mark Thurston, the
Sum of Five Thousand Two Hundred and Fifty
Pounds, or some other great Sum of Money, in Consideration of and for the admitting him into such
Office of a Master of the said Court of Chancery,
and to the Intent that the said Mark Thurston should
have, exercise, and enjoy the same, which said Office
touches and concerns the Administration and Execution of Justice in the said Court: And the said Thomas
Earl of Macclesfield, being Lord Chancellor, in Pursuance and Execution of the said wicked and corrupt
Bargain, or in Pursuance of some other Bargain or
Agreement of the same infamous and corrupt Nature, did admit and swear the said Mark Thurston into
the Office of One of the Masters of the said Court
of Chancery, in Breach and Violation of his Oath as
Lord Chancellor, and of the great Trust in him reposed, contrary to the Duty of his Office, and against
the good and wholesome Laws and Statutes of this
Realm.
"ARTICLE IXth.
"That whereas Thomas Bennet Esquire, in or about
the Month of August in the Tenth Year of His
Majesty's Reign, was possessed of an Office in the
Court of Chancery, called "The Office of Clerk of the
Custodies," for the Term of his Life, by Virtue of
His Majesty's Letters Patents under the Great Seal
of Great Britain, which Office is an Office of Trust
in the said Court, in the Gift and Disposal of the
Crown, by Grant under the Great Seal, and concerns
the writing and making Commissions to inquire of
Ideots and Lunatics, and the Process thereupon, and
Letters Patents for the Custody of the Bodies of
Ideots and Lunatics, and the keeping, entering, and
transcribing, Orders, Reports, and Accompts, made
and declared touching Ideots and Lunatics, and their
Estates in the said Court of Chancery; and the said
Thomas Bennet having agreed with Hugh Hamersley
Esquire to resign the said Office, in order to obtain
His Majesty's Royal Grant of the said Office to the
said Hugh Hamersley, the said Thomas Earl of Macclesfield, being then Lord Chancellor of Great Britain,
did refuse to permit or accept of such Resignation,
until the said Thomas Bennet had agreed to pay unto
the said Thomas Earl of Macclesfield, or unto his Use,
One Hundred and Five Pounds, or some other Sum
of Money, as a Consideration for the same; and, by
Colour of his Office of Lord Chancellor, did, illegally,
corruptly, and extorsively, insist upon, take, and receive, of and from the said Thomas Bennet, the said
One Hundred and Five Pounds, or some other
Sum, for and in Consideration of the permitting and
accepting such Surrender of the said Office, in order
to and for the obtaining and procuring a new Grant
of the said Office to the said Hugh Hamersley; and, in
Pursuance thereof, the said Thomas Earl of Macclesfield, then being Lord Chancellor, and One of the
Lords Justices of this Kingdom during His Majesty's
Absence, did accept, or cause to be duly accepted, the
Resignation of the said Thomas Bennet of the said
Office; and, by his Interest and Recommendation, did
obtain and procure His Majesty's Royal Warrant for
preparing and passing His Majesty's Grant of the said
Office, under the Great Seal, to the said Hugh Hamersley, for the Term of his Life; which Grant afterwards, in or about the Month of September in the
Tenth Year of His Majesty's Reign, did accordingly
pass the Great Seal, then in the Custody of the said
Earl, for which all the usual and accustomed Fees
were paid, over and besides the said One Hundred and
Five Pounds, in great Deceit of the Crown, in Breach
and Violation of his Oath as Lord Chancellor, and
of the several great Trusts then in him reposed,
contrary to the Duty of his Office, and against the
good and wholesome Laws and Statutes of this
Realm.
"ARTICLE Xth.
"That the said Thomas Earl of Macclesfield, whilst
he continued Lord Chancellor of Great Britain, did
illegally and corruptly ordain, name, and make,
divers other Officers and Ministers of His Majesty,
for Gift and Brocage; and did likewise illegally and
corruptly sell divers other Offices, touching and concerning the Administration and Execution of Justice
in the Court of Chancery, to several Persons, for
divers great Sums of Money, which the said Earl did
receive from the said Persons for their respective Admissions into such Offices, and before they were admitted thereunto, and in order that the said Persons
should have, exercise, and enjoy the same, in great
Breach of the Trust in him reposed, and of his Oath
as Lord Chancellor, contrary to the Duty of his
Office, and against the Laws and Statutes of this
Realm.
"ARTICLE XIth.
"That the said Thomas Earl of Macclesfield, whilst
he continued in the Office of Lord Chancellor of
Great Britain, in order to advance and increase the
illegal and corrupt Gain arising to himself from the
Sale and Disposal of the Offices of Masters of the
Court of Chancery, in Violation of the great Trust
reposed in him for the Care and Protection of the
Suitors of the said Court, whose Money and Effects
were, by Orders of the said Court, lodged in the
Hands of the Masters of the said Court of Chancery,
did admit several Persons to the said Offices of Masters
of the said Court of Chancery, who, at the Time
of such their Admissions, were of small Substance
and Ability, very unfit to be trusted with the great
Sums of Money and other Effects of the Suitors of
the said Court, lodged in their Hands by the Orders
of the said Court; and, did publicly, in open Court,
when he sat there as Lord Chancellor, falsely represent the said Persons, so by him admitted to the
Offices of Masters of the said Court of Chancery,
as Persons of great Fortunes, and in every respect
qualified for the Trust reposed in them, to the manifest Deceit and Injury of the Suitors of the said
Court.
"ARTICLE XIIth.
"That, whilst the said Thomas Earl of Macclesfield
executed the said Office of Lord Chancellor, an
unjust and fraudulent Method was practised in the
Court of Chancery, upon the Sale of the Offices of
Masters of the said Court, and upon the Admissions
of new Masters; that the Prices, or Sums of Money
agreed to be paid for the Purchase of the said Offices,
and for the Admissions thereunto, were satisfied and
paid out of the Monies and Effects of the Suitors
of the Court, deposited in the Hands of the respective Masters surrendering their Offices, or dying,
either by Way of Retainer of the Purchase-money
in the Hands of the Master resigning, or of replacing
the Money disbursed for such Purchase or Admission
by the succeeding Master, out of the Money and
Effects of the Suitors coming into his Hands; by
which Practice, the Price and Value given upon the
Sale of the said Offices and Admissions thereinto,
during the Time aforesaid, were greatly advanced;
and several Persons of small Ability and Substance
were encouraged to contract for the said Offices, upon
a Prospect of the easy Method of paying for the Purchase of the same; by Means whereof, great Deficiencies have incurred in the Offices of several Masters
of the said Court, admitted by the said Thomas Earl
of Macclesfield, which they have not been able to
answer and make good: And although the said Practice
was notorious and public, and the said Earl was well
informed thereof, and fully acquainted therewith; yet
the said Thomas Earl of Macclesfield, in order to increase his own unjust and corrupt Profit in the selling
the said Offices and the Admissions thereto (which,
in Consequence of this evil Practice, was raised and
received by him out of the Effects of the Suitors for
whom he was intrusted), did not, at any Time whilst
he continued in his Office of Lord Chancellor, use
or take any Measures to reform the said Abuse, or
to prevent the same, either by causing proper
Schedules to be taken of the Money and Effects of
the Suitors delivered over and transferred, or by appointing any Person in his Behalf to inspect or supervise the Transfers or Deliveries thereof, or in any
other Manner; but, on the contrary, the said Thomas
Earl of Macclesfield, unjustly, corruptly, and contrary to the Duty of his said Office of Lord Chancellor (to whom the Superintendency of the said
Masters and of their Accompts did appertain) did
suffer the said fraudulent Practice to proceed and be
exercised, without any Controul or Check, whereby
great Embezzlements have been made of the Suitors
Money and Effects, to their great Loss, in the Offices
of several of the Masters of the said Court, who have
not been able to answer and pay their respective
Balances owing upon their Accompts, in Breach of
the Trust reposed in him for the Preservation of the
Estates and Effects of the Suitors, to the Dishonour
and Discredit of the said Court, and to the great
Injury and Defrauding of the said Suitors, in a Court
of Equity established for their Relief and Protection.
"ARTICLE XIIIth.
"That Fleetwood Dormer Esquire, One of the Masters
of the Court of Chancery, having embezzled great
Part of the Money and Effects belonging to the
Suitors of the said Court, with which he was entrusted
by the said Court, and disposed of the same for his
own private Advantage, by Means whereof there
became, and still continues, a great Deficiency in
that Office, to the Amount of Twenty-five Thousand
Pounds, or some other great Sum; and the said Fleetwood Dormer having absconded, and for some Time
absented himself, Application was made to the said
Earl of Macclesfield, then Lord Chancellor of Great
Britain, to secure the Person of the said Fleetwood
Dormer, and to take proper Methods for compelling
the said Fleetwood Dormer to make Satisfaction to the
Suitors for the Money and Effects which he had so
embezzled; yet the said Earl, from an Apprehension
that a public Discovery of the said Deficiency might
lessen the unjust Gain he proposed to make to himself
by selling and disposing of the said Offices of Masters
of the said Court, neglected and declined either to
secure the Person of the said Fleetwood Dormer and
his Estate and Effects, or to make a proper Inquiry
into the said Deficiency; but, on the contrary, the said
Earl, whilst he continued Lord Chancellor of Great
Britain, did endeavour, by many indirect Practices,
to conceal from the Suitors of the Court the true
State and Condition of the said Office, as well with
respect to the Effects of the said Fleetwood Dormer,
as to the Debt due from him to the Suitors of the
Court; and upon Motion made in the said Court of
Chancery (after the said Earl knew that the said
Fleetwood Dormer had so absconded), on Behalf of
some of the Suitors of the Court, to have their Effects
transferred from the said Fleetwood Dormer to some
other Master, for the better securing thereof, the
said Earl of Macclesfield, in order to delude the
Suitors of the said Court into a Belief that their Effects
were safe, and thereby to prevent a public Inquiry,
then sitting as Lord Chancellor, in open Court, did
say, "That the said Parties need not be in Haste;"
and did at the same Time falsely and deceitfully declare, "That the said Fleetwood Dormer was only
gone to take the Air in the Country; and that he
would return in a little Time, and all would be well;"
or to that Effect.
"ARTICLE XIVth.
"That the said Fleetwood Dormer having, towards
Satisfaction of the Suitors of the said Court, assigned
to Henry Edwards Esquire (who succeeded him in his
Office of Master of the said Court of Chancery) a
Debt of Twenty-four Thousand and Forty-six Pounds,
Four Shillings, or some other great Sum, due, from
William Wilson a Banker, to the said Fleetwood Dormer,
to the Intent that the Money received on Account
thereof should be applied and disposed of as the
said Court of Chancery should order and direct; the
said Thomas Earl of Macclesfield, whilst he continued
Lord Chancellor of Great Britain, for the unlawful
Purposes aforesaid, without Regard to the Interest of
the said Suitors, by Colour of his Office, did, in an
unwarrantable, clandestine, and unusual Manner,
authorize, direct, and establish, a precarious and
tristing Composition with the said William Wilson, upon
the Terms of the said William Wilson's paying the
Sum of Fourteen Hundred Sixty-three Pounds, Two
Shillings, and a Penny, and assigning Ten Thousand Pounds, Part of a Debt of Twenty-two Thousand
and Sixty Pounds, Twelve Shillings, and Five Pence,
pretended to be due to the said William Wilson from
Edward Poulter, or to that Effect, in Discharge of
the said Debt; and to that End, upon the Report of
John Hiccocks Esquire, then One of the Masters of
the said Court, without any Attendance ordered or
had thereupon, and without Notice to the said
Suitors, did, by a private Order, not made in open
Court, order the said Henry Edwards to accept of
the said Composition, in full Discharge of the said
Debt; which said Edward Poulter was a Person insolvent, and has since absconded for Debt; and none
or but a very small Part of the said Ten Thousand
Pounds has been, or is ever likely to be, received.
"ARTICLE XVo.
"That the said Thomas Earl of Macclesfield, whilst
he continued Lord Chancellor of Great Britain, to
carry on his corrupt and unjust Purposes, and to conceal the Deficiency that was in the Office of the said
Fleetwood Dormer, did, in or about the Month of
February in the Year of our Lord One Thousand
Seven Hundred and Twenty, order the several Masters
of the said Court of Chancery to bring in their Accompts of the Cash, Effects, and Securities, in their
Hands, belonging to the Suitors of the Court; not
with a Design of examining their Accompts, or securing the Estate and Effects of the Suitors, but with
an Intent to terrify the said Masters, and thereby oblige
them to contribute great Sums of Money towards
answering the Demands that should from Time to
Time be made upon the said Office; for which Purpose, he the said Earl did at several Times represent, or cause to be represented, to the said Masters,
"That, if they refused so to do, the Money and
Effects of the Suitors would be taken out of their
Hands, and the said Masters deprived of making any
Profit of the same;" by which Practices, the said Earl,
being then Lord Chancellor of Great Britain, by
Colour of his Authority, did persuade and induce
Nine of the Masters of the said Court of Chancery
to pay Five Hundred Pounds each for the Purposes
aforesaid, several of whom paid the same out of the
Money or Effects of the Suitors in their Hands; but,
after such Payments, the said Thomas Earl of Macclesfield did not oblige the said Masters to deliver in their
Accompts in Pursuance of such his said Order.
"ARTICLE XVIth.
"That Elizabeth Chitty Widow, having obtained an
Order of the Court of Chancery, on or about the
Seven and Twentieth of March in the Tenth Year
of His present Majesty's Reign, made by the said
Thomas Earl of Macclesfield, then Lord Chancellor,
whereby Henry Edwards Esquire, One of the Masters
of the said Court of Chancery, who succeeded Fleetwood Dormer Esquire in the said Office, was ordered
to pay her the Sum of One Thousand Pounds, Part
of the Sum of Ten Thousand Pounds, or other great
Sum of Money, formerly paid into the Hands of
the said Fleetwood Dormer as a Master of the said
Court, and by the said Order mentioned to be then
in the Hands of the said Henry Edwards; and the said
Henry Edwards complaining to the said Earl, "that
the making Orders upon him to pay Money, which
had been received by the said Fleetwood Dormer, was
a very great Hardship upon him the said Henry Edwards, in regard he had not any Money or Effects
in his Hands to answer such Demands;" the said Earl
of Macclesfield, being then Lord Chancellor, in further
Prosecution of his unjust and corrupt Purposes, did,
by Colour of his Authority, endeavour to prevail
with the Masters of the said Court of Chancery to
raise the said Sum of One Thousand Pounds out of
their Effects, by representing to them, "that a Discovery of the Deficiency in the said Office might occasion a Parliamentary or Public Inquiry into the
Nature and Condition of their Offices, and hazard
the Forfeiture of the same, by reason of their having
bought their Offices, contrary to Law, which, the said
Earl then declared, would affect him, but themselves
much more;" or to that Effect: But the said Masters
refusing to raise the said Sum of One Thousand
Pounds, the said Earl of Macclesfield did order his Secretary, Peter Cottingham Esquire, to pay the said One
Thousand Pounds; who, in Pursuance of the said Earl's
Directions, in or about the Month of July One Thousand Seven Hundred and Twenty-four, did pay the
same to Ascan Christopher Lochman, for the Use of the
said Elizabeth Chitty; and the said Earl of Macclesfield, upon Application made to him by the said
Ascan Christopher Lochman for Payment of the said
Money, did acquaint him, "That he the said Earl
had given Directions to his Secretary for Payment of
that Sum;" but, at the same Time, declared to the
said Ascan Christopher Lochman, "That he the said
Earl believed this would be the last Payment she
was like to receive out of the said Money paid into
the Hands of the said Fleetwood Dormer; for the
Residue thereof was in great Danger of being lost,
by reason of the Deficiency in the Effects of the said
Fleetwood Dormer," or to that Effect. Notwithstanding
all which Proceedings in this and the several other
Articles mentioned, upon a Motion made in the Court
of Chancery, before the said Thomas Earl of Macclesfield, then Lord Chancellor, on or about the Fifth
Day of December last, in a Cause there depending,
between Jane Harper Plaintiff and Thomas Case and
others Defendants, relating to the Sum of Two Hundred and Sixty Pounds, or some other Sum, deposited
in the Hands of the said Fleetwood Dormer before his
absconding, and which was then apprehended in
great Danger of being lost, the said Thomas Earl of
Macclesfield, then sitting in Court as Lord Chancellor,
did, publicly, falsely, and deceitfully, declare, "That
he had heard there was a Deficiency in the Office of
the said Fleetwood Dormer; but that he the said Earl
knew nothing of it, only as public News," or to that
Effect; and thereupon did order, that the said Henry
Edwards should examine in what Manner the said
Two Hundred and Sixty Pounds were deposited with
the said Fleetwood Dormer, and whether there was
likely to be a Loss of any Money deposited with the
said Fleetwood Dormer.
"ARTICLE XVIIth.
"That, notwithstanding the said Earl of Macclesfield well knew that there was a very great Deficiency
and Loss by the Failure of the said Fleetwood Dormer,
and that the said Henry Edwards, his Successor, had
not sufficient in his Hands to pay the whole Money
due to the Suitors of the Court, that had been
received by the said Fleetwood Dormer on their Account; yet the said Earl of Macclesfield, being Lord
Chancellor, in order to carry on his unjust Designs
of concealing the said Deficiency, and to prevent any
public Inquiry that might arise from the just Complaints of the Suitors of the said Court, did, from
Time to Time, in manifest and wilful Violation of
the Trust reposed in him, make Orders on the said
Henry Edwards, for Payment of the Money belonging
to several particular Suitors, which had been lodged in
the Hands of the said Fleetwood Dormer; in Obedience to which Orders, several Sums were paid, without Regard to, or Consideration of, the Proportion
which the rest of the Suitors were entitled to,
out of the Effects of the said Fleetwood Dormer;
whereby many of the said Suitors lost the Benefit
of their proportionable Share, to which in Justice
they were entitled.
"ARTICLE XVIIIth.
"That the said Thomas Earl of Macclesfield, notwithstanding that he very well knew, and was informed,
that the Masters of the said Court did, or that it
was in their Power, from Time to Time, and at their
Pleasure, to dispose of and employ the Money and
Effects belonging to the Suitors of the said Court,
which were entrusted with them respectively; and
more particularly, that the Deficiency appearing in
the Office of Fleetwood Dormer Esquire, One of the
Masters of the Court of Chancery, was chiefly occasioned by his the said Fleetwood Dormer's having
taken upon himself unduly to dispose of and employ
the Money and Effects belonging to the Suitors of
the said Court, which were entrusted in his Hands;
and notwithstanding that, soon after the said Fleetwood Dormer became insolvent, it was represented and
proposed to the said Thomas Earl of Macclesfield, then
Lord Chancellor of Great Britain, in order to prevent for the future any Losses that might happen to the
Suitors of the said Court, "that the several Effects
and Securities belonging to the Suitors should be
placed out in such Manner, as that the Power of
disposing, employing, or in any Manner trading with
the same, might be totally taken away from the said
Masters;" for the effecting of which just Design, a
particular Method was laid before the said Earl; and
it was also further proposed, "that the said Masters
should give some reasonable Security to answer the
Balance of such Cash as should, from Time to Time,
be in their Hands;" and, notwithstanding the said
Earl was credibly informed, that the Sufficiency of
some other of the said Masters was very much suspected, yet the said Thomas Earl of Macclesfield, whilst
he was Lord Chancellor of Great Britain, contrary
to the Duty of his Office, and thereby proposing to
make unlawful Gain to himself by the Disposal and
Sale of the Offices of Masters of the said Court of
Chancery, and in order to induce Persons to give
him the said Earl a greater Price or Reward for
their being admitted to the same, did not require or
demand any Security whatsoever to be given by any
of the said Masters, upon their being admitted to their
Offices, or at any other Time; and the said Earl,
with the same corrupt View and Intention, and to
keep up the Price of the said Offices, totally neglected
to inquire into the Accompts of the said Masters,
and did, fraudulently, unjustly, and in Breach of the
Trust reposed in him, permit and encourage the
Masters of the said Court to employ and traffick with
large Sums of Money belonging to the Suitors of the
said Court, and to make Interest thereof, for their
own unjust Gain and Profit; and the said Earl, after
such Proposal made to him as aforesaid, or at any
other Time during his Continuance in the said
Office, did not take any Care that the Effects of the
said Suitors should be placed out in such Manner as
to prevent the Masters from trafficking therewith, or
that the said Masters should give such Security as was
proposed; by Means whereof, great Deficiencies, to
the Amount of many Thousand Pounds, have been,
through such Default of the said Earl, occasioned in
the Offices of several other of the Masters, to the
great Loss and Injury of the Suitors of the said
Court.
"ARTICLE XIXth.
"That whereas His most Sacred Majesty, out of
His Fatherly Goodness to His People, did, in or
about the Month of November last, direct an Inquiry
to be made into the Accompts of the Masters of the
said Court of Chancery, to the Intent that proper
Methods might be taken for the Security of the
Suitors of the said Court; the said Thomas Earl of
Macclesfield, being then Lord Chancellor of Great
Britain, and One of His Majesty's most Honourable
Privy Council, in order to obstruct the same, and to
prevent a Parliamentary Inquiry into the State and
Condition of the Offices of the said Masters, in
Breach of the several great Trusts reposed in him,
did give Advice and Encouragement to the said
Masters, to assist and supply each other with Money
and Effects; and did represent to the said Masters,
"That it would be for their Honour and Service, to
appear able and sufficient; and that, if they made a
bold Stand now, it might prevent a Parliamentary
Inquiry;" or to that Effect; and did persuade several
of them to make false Representations of their Circumstances to His Majesty, by adding a Subscription
to their respective Accompts, delivered to the said
Earl, to be laid before His Majesty, to the Effect following; (videlicet,) "That they were able to answer
the Money and Securities in their Hands, and were
willing to pay the same to such Persons as were entitled thereunto;" although the said Earl knew, or
had good Reason to believe, that several of the Masters
were not then able to answer the Balance of their
Accompts, nor are they yet able to satisfy or make
good the same; and when the said Masters were
afterwards required to produce the Cash and Effects
of the Suitors in their Hands, some of the said Masters,
according to such Advice and Encouragement given
by the said Earl, did supply others of them with
Cash and Effects, to make a false Show and Appearance
of their Ability and Readiness to answer the Balance
of their Accompts.
"ARTICLE XXth.
"That the said Thomas Earl of Macclesfield, whilst
he continued in the Office of Lord Chancellor of
Great Britain, in Breach of the Trust reposed in
him, and contrary to the Duty of his Office, did, at
several Times, borrow and receive, of some of the
Masters of the said Court, several great Sums of the
Money belonging to the Suitors of the said Court,
deposited in the Hands of such Masters, and did
make Use thereof, for his own private Service and
Advantage, so long as he had Occasion for the same.
"ARTICLE XXIst.
"That the said Thomas Earl of Macclesfield, whilst
he continued Lord Chancellor of Great Britain, did,
in an illegal and arbitrary Manner, extend the Power
and Authority of Lord Chancellor, and of the Court
of Chancery, beyond their lawful and just Bounds;
and did arbitrarily and illegally assume to himself, as
Lord Chancellor, and by Colour of his Office, an
unjust and unlimited Power of dispensing with, suspending, and controlling, the Statutes of this Realm,
made for the Security and Preservation of the Estates
and Properties of the Subjects of this Kingdom, to
the great Oppression of the Suitors of the said
Court, in Subversion of the Laws and Statutes of this
Realm, in manifest Breach and Violation of the
Rights and Liberties of His Majesty's good Subjects,
and of his own most solemn Oath as Lord Chancellor of Great Britain; and more especially, when
Francis Tyssen Esquire, deceased, being seised and
possessed of a Real Estate of the Value of Three
Thousand Pounds per Annum, or some other great
Annual Value, did, by his last Will and Testament
in Writing duly executed, in or about the Month of
October One Thousand Seven Hundred and Seventeen,
give and devise all his said Real Estate to the Child
his Wife was at that Time enseint with (if such
Child should be a Son), for his Life, without Impeachment of Waste, with Remainders to the First and
other Sons of the said Infant in Tale Male; and did
likewise, by such Will, expressly nominate and appoint his the said Testator's Wife, Rachel Tyssen, to
be the Guardian of all his Children during their respective Minorities, if she should so long continue a
Widow; and the said Francis Tyssen soon after
died, leaving One Daughter and the said Rachel his
Widow with Child; after whose Decease, the said
Rachel was delivered of such Child, being a Son,
afterwards named Francis John Tyssen; in whose
Right, by Virtue of the said Will, and of the Statute
made in the Twelfth Year of the Reign of King
Charles the Second, intituled, "An Act for the
taking away the Court of Wards and Liveries, and
Tenures in Capite and by Knights Service, and Purveyance, and for settling a Revenue upon His Majesty
in Lieu thereof," the said Rachel Tyssen did lawfully
take into her Care and Custody her said Infant Son,
and the Estate so devised to him, or was willing and
endeavoured so to do, and to undertake the Management of his said Lands and Tenements for his best
Advantage, and demeaned herself therein without
any Misbehaviour: Yet the said Thomas Earl of
Macclesfield, being then Lord Chancellor of Great
Britain, under Colour of his Office and Authority,
did, by several Orders made by him in the Months
of January and February in the Fifth Year of His
Majesty's Reign, or in One of them, illegally and
arbitrarily, and in direct Contravention of the Statute
made in that Behalf, remove and exclude the said
Rachel Tyssen, the Guardian of the said Infant, and
also John Nicholas Esquire (a Person of good Substance and Ability, nominated by the said Rachel
Tyssen to be Receiver of the Rents and Profits of
the said Infant's Estate, and approved by Robert
Holford Esquire, One of the Masters of the said
Court, for that Purpose, and who had given sufficient
Security for the due Execution of his said Trust)
from the Management and Receivership of the said
Infant's Estate; and did, by such Orders, unduly
and injuriously nominate and appoint Robert Doyley
Esquire, a Creature and Confidant of his own, and a
Person altogether unfit and unqualified for so great a
Trust, to be Receiver of the Rents and Profits of
the said Infant's Estate, and to have a Salary for the
same, with a Power to let such Part of the said
Estate as was or should become untenanted, with the
Approbation of the said Robert Holford; although the
said Rachel Tyssen did expressly object unto and
oppose such Appointment of the said Robert Doyley,
and did insist to have the Benefit and Exercise of her
Right in that respect, as the Guardian appointed
and intrusted by her late Husband; and the said
Robert Doyley, after he was so admitted into the said
Receivership, did for several Years receive the Rents
and Profits of the said Infant's Estate, to the Amount
of about Ten Thousand Pounds, or other great Sum,
and in his Life-time did embezzle and convert to his
own Use great Part thereof; and in or about the
Month of November One Thousand Seven Hundred
and Twenty-two, died insolvent, and, indebted to the
said Infant and his Estate in the Sum of Two Thousand Six Hundred Pounds, or other great Sum, upon
the Balance of his Accompt, no Part whereof has
hitherto been satisfied or paid: And the said Thomas
Earl of Macclesfield, in further Abuse of his Power,
and in Contempt of the Laws and Statutes of this
Realm, when, upon Debate of the Matter in the said
Court of Chancery before the said Earl, being then
Lord Chancellor, in the Month of January or February in the Fifth Year of His Majesty's Reign, or
in One of them, it was insisted upon, in Behalf of
the said Rachel Tyssen, by her Counsel of great
Ability and Experience in the said Court, "That such
the Proceedings of the said Earl as Lord Chancellor
were a reviving the Power of the Court of Wards,
and were not supported or warranted by any Precedent in the Court of Chancery;" he the said Thomas
Earl of Macclesfield, then sitting in the Court as Lord
Chancellor, did not only persist in such his Appointment of the said Robert Doyley, but did also arbitrarily, and in Defiance of the said good and benesicial Statute, say and declare, in open Court, "That
then he would make a Precedent in that Instance;"
or he the said Earl declared and expressed himself to
that Effect; which Actings, Proceedings, and Declarations, of the said Earl, have been, and were, not
only very injurious and prejudicial to the Right and
Interest of the said Rachel Tyssen as Guardian, and
to the great Damage and Loss of the Infant Francis
John Tyssen, and a notorious Violation of Property;
but were also a dangerous Exercise of illegal and
arbitrary Power, to the Destruction of the Laws and
Constitution of this Realm in manifest Breach of his
Oath as Lord Chancellor, and in great Abuse of his
Authority.
"And the said Knights, Citizens, and Burgesses,
by Protestation, saving to themselves the Liberty of exhibiting, at any Time hereafter, any
further Articles, or other Accusation or Impeachment, against the said Thomas Earl of
Macclesfield, and also of replying to his
Answers which he shall make unto the said
Articles, or any of them, and of offering
Proof to all and every the aforesaid Articles,
and to all and every other Articles, Impeachment, or Accusation, which shall be exhibited
by them, as the Case shall according to the
Course of Parliament require, do pray, that
the said Thomas Earl of Macclesfield may be
put to answer the said Crimes and Misdemeanors; and that such Proceedings, Examinations, Trials, and Judgements, may be
thereupon had and given, as is agreeable to
Law and Justice."
Which being ended:
The Earl to put in his Answer, and Counsel assigned him.
The Earl of Macclesfield desired a Copy thereof might
be delivered to him; and said, "He would put in his
Answer as soon as he could."
And then his Lordship desired, "That Mr. Reeves,
Mr. Lingard, Mr. Robyns, and Mr. Strange, might
be assigned him for his Counsel."
It is Ordered, That the Earl of Macclesfield may
have a Copy of the said Articles delivered to him; and
that Mr. Reeves, Mr. Lingard, Mr. Robyns, and Mr.
Strange, be assigned his Lordship's Counsel, as desired.
Continuing Annuities to the Bank, Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the several Annuities
of Eighty-eight Thousand Seven Hundred Fifty-one
Pounds Seven Shillings and Ten Pence Half-penny, and
One Hundred Thousand Pounds, to the Bank of England, until Midsummer One Thousand Seven Hundred
Twenty-seven; and from thence, for reducing the
same to Seventy-one Thousand and One Pounds Two
Shillings and Three Pence Three Farthings, and
Eighty Thousand Pounds, redeemable by Parliament;
and for preventing the uttering of forged, counterfeited, or erased, Bank Bills or Notes."
After some Time spent therein, the House was resumed.
And the Earl of Westmorland 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."
D. of Kent's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
vesting the Estates of the most Noble Henry Duke
of Kent, in the Counties of Hereford, Monmouth, and
Gloucester, in the said Duke and his Heirs; and for
settling his other Estates, in the Counties of Essex,
Suffolk, Bedford, Hertford, Northampton, and Leicester,
in Lieu thereof."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Dux Devon.
Dux Kent.
Dux Dorset.
March. Tweeddale.
Comes Leicester.
Comes Westmorland.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Findlater.
Comes Ilay.
Comes Sussex.
Comes Harborough.
Viscount Say & Seale.
Viscount Townshend.
Viscount Harcourt. |
Epus. Oxon.
Epus. Lincoln.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Meneven.
Epus. Cicestrien.
Epus. Bristol. |
Ds. Delawarr.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Weston.
Ds. Herbert.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Lechmere. |
Their Lordships, or any Five of them; to meet on
Monday the Fifth Day of April next, at Ten
a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn
as they please.
D. of Bolton Bill.
The House proceeded to take into Consideration the
Amendments made by the Commons to the Bill, intituled, "An Act for explaining a Power contained in
the Settlement of the Dutchess of Bolton's Estate,
on her Marriage with the present Duke, and making
the same more effectual, for the Purposes thereby intended."
And the said Amendments, being read Thrice by the
Clerk, were severally agreed to by the House; and are
as follow; (videlicet,)
"Press 6th. L. 24. After ["paid"], insert Clause [A.]
"[A.] And whereas, at the Time of the making the
said Indenture Quinquepartite, there were several
Terms for Years, of and in the Premises therein comprized, or of and in some Part, then subsisting, which
were then intended to be kept on Foot, in Trust, to
protect, and to attend and wait upon, the several Uses
and Estates in and by the said Indenture Quinquepartite limited; and, for that Purpose, the several
Terms of Five Hundred Years, Ninety-nine Years,
and One Thousand Years, mentioned or recited in
an Endorsement on One of the Skins of the said Indenture Quinquepartite to have been limited by
Richard late Earl of Carbery, deceased, and which
were therein also mentioned to have been assigned,
upon the Marriage of the said John Earl of Carbery,
to several Trustees, whereof Thomas late Lord Viscount Weymouth was the Survivor in Trust, to attend
the Uses of that Marriage Settlement; and also the
Term of Six Hundred Years, in and by the said
Endorsement mentioned to have been limited by the
same Settlement to Trustees therein named, whereof
William late Marquis of Halifax was the Survivor,
were, by the said Endorsement, mentioned to be respectively assigned by the said Thomas Lord Viscount
Weymouth and the Executors of the said William Marquis of Halifax, by the Direction of the said Anne
Dutchess of Bolton, before her Intermarriage, to
Trustees in the said Endorsement named, in Trust,
to attend the Uses and Estates limited by the said
Indenture Quinquepartite, of the Freehold and Inheritance of the Premises comprized in the same
Terms respectively; but the same Terms were not
assigned, the said Endorsement having been executed
only by the said Dutchess of Bolton: Now it is hereby
further Declared and Enacted, That the said several
Terms of Five Hundred Years, Ninety-nine Years,
One Thousand Years, and Six Hundred Years, shall
be, and are hereby, vested in the said Lord William
Pawlet and the said Sir Nicholas Williams, their Executors, Administrators, and Assigns, in Trust, that
the said Lord William Pawlet and Sir Nicholas Williams,
their Executors, Administrators, and Assigns, shall
and do, by the Direction, and at the Nomination, of
the said Duke and Dutchess of Bolton, assign, transfer,
and make over, the said several Terms unto Trustees,
to be named by the Person or Persons who shall so
advance and lend any Sum or Sums of Money, not
exceeding Twenty Thousand Pounds, in Pursuance
of this Act, in Trust, for the better and more effectual securing the Re-payment of such Sum or Sums
of Money so to be advanced and lent, and the Interest
thereof respectively; and afterwards, and subject
thereto, in Trust, to attend and go along with the
several Uses and Estates limited of the Freehold and
Inheritance of the same Premises therein respectively
comprized, in and by the said Indenture Quinquepartite.
"And whereas there may be several other Terms for
Years and Incumbrances subsisting upon and affecting
the Premises in the said Indenture Quinquepartite
comprized; now it is hereby further Declared and
Enacted, That, upon Payment of the Money due upon
and secured by the said Terms for Years and Incumbrances, to the Persons entitled to the same respectively, the said several Terms for Years and Incumbrances shall, by the Direction, and at the Nomination, of the said Duke and Dutchess of Bolton, be
assigned and made over unto Trustees, to be named
by the Person or Persons who shall so advance and
lend any Sum or Sums of Money, not exceeding
Twenty Thousand Pounds, in Pursuance of this Act,
his and their Executors, Administrators, and Assigns,
respectively, in Trust, for the better and more effectual securing the Re-payment of such Sum or Sums
of Money so to be advanced and lent, and the Interest thereof respectively; and afterwards, and subject thereto, in Trust, to attend and go along with the
several Uses and Estates limited of the Freehold and
Inheritance of the same Premises, in such Terms and
Incumbrances respectively, comprized in and by the
said Indenture Quinquepartite."
"Press 7th. L. 13. After the Second Word ["Bolton"],
to insert ["the said Scroop Duke of Bridgewater,
Lord William Pawlet, and Philip Dormer Lord Stanhope, and their Heirs, the Sons and Daughters of
the said Duke of Bolton by the said Dutchess, and
the Heirs Males of the Bodies."]
"Line 14. Before ["and"], insert ["of the Bodies
of such Sons and Daughters respectively"]; and after
["and"], insert ["the"]; and after ["Issues"], insert ["Heirs and Nominees"]."
Message to H. C. that the Lords agree to their Amendments to it.
And a Message was sent to the House of Commons,
by Mr. Holford and Mr. Thurston, to acquaint them
therewith.
Manchester Road Bill:
The Earl of Warrington reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road from Sherbrook Hill,
near Buxton and Chappel in the Frith, in the County
of Derby, to Manchester, in the County of Lancaster," was committed: "That they had gone
through the Bill, and directed him to report the
same to the House, without any Amendment."
Then the said Bill was read the Third Time.
And the Question being put, "Whether this Bill
shall pass?"
It was Resolved in the Affirmative.
Tunbridge Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
enlarging the Term granted by an Act made in the
Eighth Year of the Reign of Her late Majesty Queen
Anne, intituled, "An Act for repairing and amending
the Highways leading from Seven Oaks to Woodsgate
and Tunbridge Wells, in the County of Kent; and for
explaining and making more effectual the same Act;
and for amending, out of the Tolls and Duties arising
by the said Act and this present Act, the Highways
leading from Woodsgate aforesaid, to Kippings Cross,
in the Parish of Brenchly, in the said County of Kent."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Unrated Goods, for rating of, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
rating such unrated Goods and Merchandizes as are
usually imported into this Kingdom, and pay Duty
ad Valorem, upon the Oath of the Importer; and for
ascertaining the Value of all Goods and Merchandizes
not inserted in the former or present Book of Rates;
and for repealing certain Duties upon Drugs and
Rags; and for continuing the Duty upon Apples; and
for ascertaining the Method of admeasuring Pictures
imported."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords agree to the Three preceding Bills.
And Messages were severally sent to the House of
Commons, by Mr. Holford and Mr. Thurston:
To acquaint them, that the Lords have agreed to the
Three last mentioned Bills, without any Amendment.
De la Croze Nat. Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Mary Marie de la Croze," was committed:
That the Committee had gone through the said Bill;
and directed him to report the same to the House,
without any Amendment."
White admitted in Forma Panperis.
Upon reading the Petition of Mary White, Respondent to the Appeal of Christopher Chamberlain; praying, "In regard it appears, by the said Appeal, that
the Petitioner was admitted in Forma Pauperis in the
Court of Chancery in Ireland, that the may be admitted to defend herself in like Manner before this
House; and that Counsel may be appointed her:"
And thereupon an Affidavit, made by Jeremiah Moore
of the Parish of St. Dunstan's in the West, relating to the
Petitioner's Poverty; and "that he verily believes
the Petitioner was admitted to sue in Forma Pauperis
in the Court of Chancery in Ireland," being read:
It is Ordered, That the Petitioner be admitted to
make her Defence to the said Appeal, in Forma Pauperis,
according to the Prayer of the said Petition; and that
Mr. Edgworth and Mr. Hamilton be assigned her for her
Counsel.
Pleadings and Proceedings, in several Causes, proved.
The House was informed, "That John Roberts attended, with several Pleadings and Proceedings, to be
made Use of on hearing the several Causes wherein
Richard Stone Esquire is Appellant, and Arthur Earl
of Anglesey and others are Respondents; and wherein
Richard McGuire Merchant is Appellant, and Richard
Maddin is Respondent; and wherein Theobald Burke
and others are Appellants, and Thomas Lynch Esquire
is Respondent; and wherein William Vaughan is Plaintiff, and Robuck Blake is Respondent; and desired now
to prove the same to be true Copies:"
He was thereupon called in; and attested upon Oath,
at the Bar, "That the same were true Copies, he having
examined them with the Originals, in the respective
Offices in Ireland."
And then he withdrew.
Malt Duties, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for
continuing the Duties upon Malt, Mum, Cyder, and
Perry, in that Part of Great Britain called England;
and for granting to His Majesty certain Duties upon
Malt, Mum, Cyder, and Perry, in that Part of Great
Britain called Scotland, for the Service of the Year
One Thousand Seven Hundred and Twenty-five; and
for transferring the Deficiency of a late Malt Act to
this Act; and for explaining a late Act in relation to
Stamp Duties on News Papers; and for appropriating
the Supplies granted in this Session of Parliament;
and for disposing certain Overplus Money to proper
Objects of Charity; and for making forth Duplicates
of Exchequer Bills, Lottery Tickets, and Orders, lost,
burnt, or otherwise destroyed; and for giving further
Time to Clerks and Apprentices to pay Duties
omitted to be paid for their Indentures and Contracts."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords agree to it.
A Message was sent to the House of Commons, by
Mr. Holford and Mr. Thurston:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Blake's Petition touching Costs to be paid.
A Petition of Robuck Blake Gentleman, Respondent
to the Appeal of William Vaughan Merchant, was presented to the House, and read; praying, "That the
said Appellant may be ordered to pay the Costs which
he put the Petitioner to in the House of Lords in
Ireland; and to deliver to the Petitioner such of his
Papers as the Appellant took from Mr. Sterne, the
Clerk of the said House of Lords; and that the Appellant may give good Security for Payment of the
Costs of this Appeal."
And thereupon the Petitioner, as also the Appellant,
together with Mr. Cole and Mr. Hamilton their Agents,
were called in.
And the said Agents were heard; and the Parties
themselves were examined, upon their Oaths, touching
the Allegations of the said Petition.
And being withdrawn:
Rejected.
It is Ordered, That the said Petition be rejected.
Rice and Hussey versus Sheehy.
Upon reading the Petition and Appeal of Dominick
Rice and Thomas Hussey Gentlemen; complaining of
a Decree of the Court of Chancery in Ireland, made
the Eighteenth of February last, in a Cause wherein
Katherine Sheeby was Plaintiff, and the Petitioners and
others were Defendants; and praying, "That the same
may be reversed and rectified, and the Plaintiffs Bill
dismissed, with Costs:"
It is Ordered, That the said Katherine Sheeby may
have a Copy of the said Appeal; and shall and she is
hereby required to put in her Answer thereunto, in
Writing, on or before Saturday the Twenty-fourth Day
of April next.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun.
Placitor. declaravit præsens Parliamentum continuandum
esse usque ad et in diem Lunæ, vicesimum secundum
diem instantis Martii, hora undecima Auroræ, Dominis
sic decernentibus.