February 1732, 1-10
DIE Martis, 1o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Lincoln.
Epus. Roffen.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Lich & Cov.
Epus. Petriburg.
Epus. Bangor.
Epus. Asaphens.
Epus. Menevens. |
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Bolton.
Dux Montrose.
Dux Newcastle.
March. Tweeddale.
March. Lothian.
Comes Warwick & Holland.
Comes Winchilsea & Nottingham.
Comes Abingdon.
Comes Coventry.
Comes Rothes.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Bristol.
Comes Cowper.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Maynard.
Ds. Lynne.
Ds. Craven.
Ds. Herebert.
Ds. Haversham.
Ds. Boyle.
Ds. Onslow.
Ds. Hobart.
Ds. Monson. |
PRAYERS.
Norton versus Heror.
The several Answer of Elizabeth Heron Widow, to
the Appeal of Ralph Norton, Administrator de Bonis
non of Nicholas Amhurst, was brought in.
Thanks to the Bp of Chichester, for his Sermon.
Ordered, That the Thanks of this House be, and
are hereby, given to the Lord Bishop of Chichester, for
the Sermon by him preached before their Lordships
Yesterday, in the Abbey Church; and he is hereby desired to cause the same to be printed and published.
Rouquier versus Bolton:
After hearing Counsel, upon the Petition and Appeal
of Moses Rouquier Merchant; complaining of a Decretal Order of the Court of Exchequer in Ireland, of the
Second of December 1730, made in a Cause wherein
the Appellant was Plaintiff, and Thomas Bolton and Joseph Bolton were Defendants; and praying, "That the
same may be reversed; and such other Order therein made
for the Appellant's Relief as to this House shall seem
meet:" As also upon the several Answers of the said
Thomas Bolton and Joseph Bolton put in to the said Appeal; and due Consideration had of what was offered
on either Side in this Cause:
Decretal Order reversed, with Directions.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Decretal Order complained of in the said Appeal be,
and is hereby, reversed; and that the Appellant do
hold and enjoy his Mortgages in the Appeal mentioned,
against the Respondents and either of them: And it is
hereby further Ordered, That the Deputy Remembrancer of the said Court of Exchequer do take an Accompt of what is due to the Appellant, for Principal,
Interest, and Costs of Suit, in the said Court; and what
shall be found due upon taking such Accompt shall,
within Six Months after Report made, be paid by the
Respondent Joseph Bolton to the Appellant; or otherwife the said Respondent is to stand foreclosed: And
in case he be so foreclosed, then the Respondent Thomas
Bolton is to pay to the Appellant, within Six Months
more, what shall be found due to him; or otherwise
he the said other Respondent is to stand likewise foreclosed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 4o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Sarum.
Epus. Eliens.
Epus. Roffen.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Petriburg.
Epus. Cicestriens.
Epus. Bangor.
Epus. Gloucestr.
Epus. Asaphens.
Epus. Menevens. |
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Custos Privati Sigilli.
Dux St. Albans.
Dux Bolton.
Dux Rutland.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Bridgewater.
March. Tweeddale.
Comes Suffolk.
Comes Denbigh.
Comes Winchilsea & Nottingham.
Comes Essex.
Comes Abingdon.
Comes Coventry.
Comes Sutherland.
Comes Rothes.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Pomfret.
Comes Fitzwalter.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Hunsdon.
Ds. Maynard.
Ds. Byron.
Ds. Lynne.
Ds. Carteret.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Masham.
Ds. Bathurst.
Ds. Onslow.
Ds. Monson.
Ds. Raymond. |
PRAYERS.
Norton versus Kyffin.
The several Answer of William Kyffin Esquire, to the
Appeal of Ralph Norton, was brought in.
E. of Abingdon & al. Pet. referred to Judges.
Upon reading the Petition of Mountague Earl of
Abingdon, James Bertie and Willoughby Bertie Esquires;
praying Leave to bring in a Bill, for vesting several
Estates, in the Petition mentioned, in Trustees, in order
that the same may be sold, for Payment of Debts, and
discharging Incumbrances:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Justice Probyn; with the usual Directions, according to the Standing Orders.
Mitchell' Pet. referred to Judges.
Upon reading the Petition of Margery Mitchell, Widow of Thomas Mitchell, late of Studley, in the County
of Warwick, Yeoman, deceased, on the Behalf of herself, and Anne and Mary Mitchell, her Insant Daughters;
praying Leave to bring in a Bill, for settling an Estate,
in the Parish of Solihull, in the said County, for Payment
of the Debts of the said Thomas Mitchell, and making
Provision for the Petitioner and her said Daughters:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice
Denton and Mr. Justice Probyn; with the usual Directions, according to the Standing Orders.
Boddicott to enter into a Recognizance for the East India Company:
The House being moved, "That Mr. Edmund Boddicott may be permitted to enter into a Recognizance
for the United Company of Merchants of England
trading to The East Indies, on account of their Appeal depending in this House:"
It is Ordered, That the said Edmund Boddicott may
enter into a Recognizance for the said Appellants, as
desired.
Abraham Cortissos for Joseph:
The like Motion and Order, for Abraham Cortissos
Junior, Gentleman, to enter into a Recognizance for
Joseph Cortissos of London Merchant, on account of his
Appeal.
Ellis, for L. Dunsany:
The like Motion and Order, for John Ellis Gentleman to enter into a Recognizance for Randal Lord
Dunsany in the Kingdom of Ireland, on account of his
Appeal.
and Brougham, for Robertson & al.
And the like Motion and Order, for Samuel Broughham Gentleman to enter into a Recognizance for John
Robertson and others, on account of their Appeal;
they residing at a great Distance.
Furness versus Sir C Peers & al.:
After hearing Counsel, upon the Petition and Appeal
of Henry Furnese Esquire, Administrator of John Tutt
deceased; complaining of a Decree of the Court of
Exchequer, of the Eleventh of June 1730, made in a
Cause wherein the Appellant was Plaintiff, and Sir
Charles Peers and Dame Lucy his Wife, the Honourable
Charles Howard Esquire, now Earl of Suffolk, and Edward Spackman, were Defendants; which Cause was,
upon the Death of the said Tutt, revived in the Name
of the Appellant; and praying, "That the said Decree may be reversed; and that he may have such
Relief as to the House shall seem meet:" As also
upon the several Answers of the said Defendants put
in to the said Appeal; and due Consideration had of
what was offered on either Side in this Cause:
Decree affirmed, with an Addition.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Decree complained of in the said Appeal be, and
is hereby, affirmed; with this Addition, "That, at any
Trial at Law to be had, in any Action to be brought
by the Appellant at any Time before the End of Hillary Term next, the Respondents shall not be permitted to plead or insist on the Statute made in the Twenty-first Year of the Reign of King James the First,
intituled, "An Act for Limitation of Actions, and
for avoiding of Suits in Law;" and that the Note in
the Pleadings mentioned, given by the said John Tutt
to the Respondent the Lady Peers, for Re-payment
of Three Thousand Pounds, and Interest, borrowed
of her, for which he assigned to her, as a collateral
Security, a First Subscription Receipt, No 439, for
One Thousand Pounds in The South Sea Company,
be produced at such Trial; and that it be admitted,
upon the said Trial, that the said Lady Peers did, in
September 1720, deliver to one Baptist Tanner, since
deceased, the said Subscription Receipt, in order to
borrow One Thousand Pounds thereon, by Way of
Pledge, which was done accordingly:" And it is
hereby further Ordered, That the said Appeal, as
against the said Earl of Suffolk, be, and is hereby, dismissed this House; and that the Appellant do pay, or
cause to be paid, to the said Earl, the Sum of Twenty
Pounds, for his Costs in respect of the said Appeal.
Brown called L. Kenmare versus Lavallin & al.
The House being moved, on the Behalf of Valentine
Brown, commonly called Lord Kenmare in the Kingdom of Ireland, "That the hearing his Appeal, to
which James Lavallin and others are Respondents,
which stands appointed for Monday next, may be put
off to Wednesday the Eighth Day of March next, in
regard the Respondents have not as yet put in their
Answer to the said Appeal:"
It is Ordered, That the hearing the said Cause be
put off, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
nonum diem instantis Februarii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Mercurii, 9o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Lich. & Cov.
Epus. Bangor.
Epus. Gloucestr.
Epus. Asaphens.
Epus. Menevens. |
Ds. King, Cancellarius.
Dux Devon, Custos Privati Sigilli.
Dux St. Albans.
Dux Bolton.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Suffolk.
Comes Exeter.
Comes Leicester.
Comes Warwick & Holland.
Comes Peterborow & Monmouth.
Comes Winchilsea & Nottingham.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Sutherland.
Comes Rothes.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Macclesfield.
Comes Fitzwalter.
Comes Ashburnham.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Byron.
Ds. Carteret.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Monson.
Ds. Malton.
Ds. Raymond. |
PRAYERS.
Wynne & Ux. versus Sir G. Wynne.
The Answer of Sir George Wynne Baronet, Respondent to the Appeal of John Wynne Gentleman and Catherine his Wife:
Arbuthnot & al. against Read and Marsland.
Also, the Answer of Joseph Read and William Marsland, to the Appeal of George Arbuthnot and Charles Irvine:
Burrough against Sir F. Whichcote and Harding.
As likewise, the joint and several Answers of Sir
Francis Whichcote Baronet and John Harding Esquire,
to the Appeal of William Burrough Clerk;
Were brought in.
E. of Craufurd's Election, Certificate delivered.
This Day the Deputy Clerk of the Crown in Chancery delivered a Certificate of the Name of the Peer of
Scotland, who, by virtue of His Majesty's Proclamation,
is chosen to sit and vote in this House, in the room of
the Earl of Loudoun, deceased; which is as follows:
"May it please your Lordships,
"We do hereby certify, that, by Virtue of His
Majesty's Proclamation of the Ninth of December
1731, a Certificate, under the Hands and Seals of
Mr. William Hall and Mr. James Justice, Clerks of
Session attending the Election aftermentioned, in
virtue of the Lord Register's Commission to them
granted, has been delivered into the Crown-office in
Chancery; whereby it appears, that John Earl of
Craufurd was unanimously elected and chosen to sit
and vote in the House of Peers, in this present Parliament, in the room of Hugh Earl of Loudoun, deceased.
"Given under our Hands, this Eighth Day of February 1731.
|
| "Stephen Bisse and | Cler. Coron." |
| Thomas Bray, |
E Shaftesbury takes his Seat; and E. of Craufurd takes the Oaths.
Anthony Ashley Earl of Shaftesbury sat first in Parliament, after the Death of his Father Anthony Ashley Earl
of Shaftesbury; his Lordship, together with John Earl of
Craufurd, having taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed
the Oath of Abjuration, pursuant to the Statutes.
Sir Francis Henry Drake's Petition referred to Judges.
Upon reading the Petition of Sir Francis Henry Drake
Baronet; praying Leave to bring in a Bill, for advancing
and applying Five Thousand Pounds, Part of the Portion of Dame Anne Drake, the Petitioner's Wife, for
Payment of the remaining Debts and Legacies of Sir
Francis Drake, the Petitioner's Father; and for leasing
out certain Premises, in the County of Devon, for Lives
or Years, according to the Custom of the Country; and
for other Purposes therein mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Baron Comyns; with the usual Directions, according to the Standing Orders.
Mr Bathurst's Petition referred to Judges.
Upon reading the Petition of Benjamin Bathurst Esquire
and Finetta his Wife, and Elizabeth Poole Spinster; praying Leave to bring in a Bill, for Sale of certain Estates
in the County of Wilts; and for applying the Money
arising thereby to provide Fortunes for the Younger
Children of the Petitioners Benjamin Bathurst and his
Wife, and other Purposes, according to the Will of
Henry Poole Esquire, late Father of the Petitioners Finetta
and Elizabeth:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.
Messages from H. C. with Bills.
A Message was brought from the House of Commons,
by Mr. Vincent and others:
With a Bill, intituled, "An Act to naturalize Leonard Lockman Esquire;" to which they desire the
Concurrence of this House.
A Message was brought from the House of Commons,
by Mr. Thompson and others:
With a Bill, intituled, "An Act to naturalize Agnes
Coussmaker;" to which they desire the Concurrence
of this House.
A Message was brought from the House of Commons,
by Mr. John Hamilton and others:
With a Bill, intituled, "An Act to naturalize Thomas
Malan and Joseph Malan;" to which they desire the
Concurrence of this House.
Sir W. Barker against Vis. Ikerrin and Cook.
After hearing Counsel, upon the Petition and Appeal
of Sir William Barker Baronet; complaining of several
Orders and Decrees of the Court of Chancery in Ireland, made in a Cause wherein Somerset Hamilton Lord
Viscount Ikerrin in that Kingdom, a Minor, by his
Mother and Guardian, and Phannel Cook Esquire, were
Plaintiffs, and the Appellant was Defendant; and in
another Cause, wherein the Appellant was Plaintiff, and
the said Lord Viscount Ikerrin and Phannel Cook were
Defendants; and praying, "That the Order of the said
Court, made the 3d Day of February 1727, directing an Issue to be tried at Law, as to the Possession
of certain Lands in Controversy, and the other Orders and Decrees made subsequent thereto, in both
Causes, may be reversed; and the Decretal Order,
for dismissing the Bill exhibited by the said Lord
Viscount Ikerrin and Phannel Cook, with Costs, may be
affirmed:" As also upon the Answer of the said Lord
Viscount Ikerrin and Phannel Cook put in to the said
Appeal; and due Consideration had of what was offered
on either Side in this Cause:
Orders and Decrees affirmed, with Costs.
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 several Orders and Decrees therein
complained of be, and the same are hereby, affirmed:
And it is further Ordered, That the Appellant do
pay, or cause to be paid, to the said Respondents, the
Sum of Fifty Pounds, for their Costs in respect of the
said Appeal.
Coussmaker's Nat. Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act
to naturalize Agnes Coussmaker."
Lockman's Nat. Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act
to naturalize Leonard Lockman Esquire."
Malan's Nat. Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act
to naturalize Thomas Malan and Joseph Malan."
Alstrom and Wynantz etal. Petitions to be added to it.
A Petition of Mary Alstrom;
Also, a Petition of Francis Wynantz, James Caulet,
John Caulet, Thomas Du Bisson, John Henry de Morin,
James Chalie, Jochim Van Coln, Frederick de Veer, Ernst
Godrfried Opitz, and Michael Miller; praying, "That
their Names may be inserted in the Bill now depending, to naturalize Thomas and Joseph Malan, in order to their being naturalized;"
Were severally presented to the House, and read;
and severally ordered to lie on the Table, till the
said Bill be read a Second Time.
Devereux against Phelan.
The House was informed, "That Anthony Fury attended, and desired to deliver in Copies of several
Pleadings and Proceedings, in the Cause wherein Robert Devereux Esquire is Appellant, and Richard Phelan Respondent."
Pleadings proved.
He was thereupon called in, and sworn; and delivering in the several Papers at the Bar, attested, "The
same were true Copies, he having examined them
with the Originals in the proper Offices in Ireland."
And then he was directed to withdraw.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
undecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.