April 1735, 21-30
DIE Lunæ, 21o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Eliens.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Bangor.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux Leeds.
Dux Marlborough.
Dux Montagu.
Dux Buccleuch.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Dorset.
Comes Pembroke.
Comes Suffolk.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Berkshire.
Comes Thanet.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Mortoun.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Tankerville.
Comes Aylesford.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Kerr.
Comes Graham.
Comes Fitzwalter.
Comes Ashburnham.
Comes Effingham.
Comes Malton.
Viscount Say & Seale.
Viscount Cobham.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Hinton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Hervey.
Ds. Cathcart.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. King.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
Cantillon's Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for the
better Execution of the last Will and Testament of
Richard Cantillon Esquire, deceased," was committed:
That they had considered the said Bill, and examined
the Allegations thereof, which they found to be true;
and had heard Counsel upon the Petition of Thomas
Cantillon Esquire, to them referred; as also Counsel for
the Bill; and had gone through the same, without
any Amendment."
Ordered, That the said Bill be engrossed.
Persons neglecting to take the Oaths, Time prolonged, Bill.
A Message was brought from the House of Commons,
by Sir Charles Turner and others:
With a Bill, intituled, "An Act to indemnify Persons
who have omitted to qualify themselves for Offices
and Employments within the Time limited by Law;
and for allowing further Time for that Purpose;" to
which they desire the Concurrence of this House.
Late Earl of Seafort to sue, though attained, Bill.
A Message was brought from the House of Commons,
by Mr. Forbes His Majesty's Advocate for Scotland and
others:
With a Bill, intituled, "An Act to enable William
Mackenzie late Earl of Seafort to sue or mainiain any
Action or Suit, notwithstanding his Attainder; and
to remove any Disability in him, by reason of his said
Attainder, to take or inherit any Real or Personal
Estate that may or shall hereafter descend or come to
him;" to which they desire the Concurrence of this
House.
The said Bills were read the First Time.
Appleton's Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming and establishing a Partition of the Estate of
Henry Appleton Esquire, made pursuant to a Decree
of the Court of Chancery," was committed: "That
they had considered the said Bill, and examined the
Allegations thereof, which were found to be true;
that the Parties concerned had given their Consents;
and that the Committee had gone through the Bill,
and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed
to by the House.
Ordered, That the said Bill, with the Amendments,
be engrossed.
Sir C. Gilnour's Bill.
The Earl of Findlater made the like Report from
the Committee to whom the Bill, intituled, "An Act
to enable Sir Charles Gilmour Baronet to sell Part of
the Lands and Baronies of Craigmillar and Nether
(fn. 1) Liberton, for Payment of Debts with which the said
Estate stands charged and encumbered," was committed.
And the Amendments thereunto being read, and
agreed to; the said Bill therewith was ordered to be
engrossed.
Crawfurd against V. Garnock: Hearing put off.
Ordered, That the Cause wherein John Crawfurd
Esquire and others are Appellants, and Patrick Lord
Viscount Garnock and his Creditors Respondents, appointed to be heard this Day, be put off to Wednesday
next; and the other Causes on Cause-days removed in
Course.
Sinking Fund, Bill.
Ordered, That the Bill, intituled, "An Act for
enabling His Majesty to apply the Sum of One Million, out of the Sinking Fund, for the Service of the
Year One Thousand Seven Hundred and Thirty-five,"
which was appointed to be read the Third Time Tomorrow, be read the Third Time on Thursday next; and
the Lords to be summoned.
Salt Duties, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for granting and continuing the
Duties upon Salt, and upon Red and White Herrings,
for the further Term of Four Years; and for giving
further Time for the Payment of Duties omitted to be
paid for the Indentures and Contracts of Clerks and
Apprentices."
After some Time, the House was resumed.
And the Lord Delawarr reported from the said
Committee, "That they had gone through the 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.
Sheffield Church, Bill.
The Order of the Day being read, for the Second
Reading of the Bill, intituled, "An Act for making
the new-erected Church in the Town of Sheffield, in
the County of York, a Parish Church within its own
Walls; and for settling the perpetual Advowson of
the said Church;" and for hearing Counsel, as well for
as against the same:
The Counsel were accordingly called in.
And the Bill was read a Second Time.
Then, the Petition of Mary Jessop Widow and others:
As also, the Petition of John Dossie Clerk, Vicar of
the Parish of Sheffield, desiring to be heard, by their
Counsel, against the said Bill;
Were read.
And the Counsel for the said Petitioners were heard.
And Part of a Bill, exhibited by Robert Downes and
his Nephew, in the Court of Chancery; alleging,
"That an Agreement had been made, for the said Robert to have the Nomination of a Curate to the said
Chapel," and desiring the same might be established,
was read.
As was likewise Part of the Answer of William Jessop
and the said John Dossie, denying any such Agreement.
Then Doctor Strahan was heard, for the Bill.
And it being admitted, "That the Church of Sheffield was not capable of holding near the Inhabitants
of that Town:"
William Parkin was produced, sworn, and examined
as to the Number of Inhabitants there, when the new
Church or Chapel was begun to be built, and how sar
finished.
And a License granted by the late Archbishop of
York, to erect the said Church or Chapel, dated the 2d
of October 1719, was read.
As was also, a Letter from the same Archbishop to the
said Robert Downes, dated the 31st of January 1718;
expressing his Grace's Willingness that the said Downes
and his Heirs should nominate a Minister.
And likewise, a Subscription Roll of the Money for
building the said Church or Chapel; reciting, "That
the said Downes was to nominate a Minister."
Which done;
Mr. George Steers was produced, sworn, and examined, as to the Soil on which the said Church or Chapel
is built, by whom bought, and whether any and what
Conveyance has been made thereof, what he gave towards the said Building, and what induced him so to
do; also what the said Downes gave towards erecting
the Pews; and how much more Money than already
subscribed will be necessary to be laid out to finish the
said Church or Chapel.
And John Downes was also examined, upon Oath, as
to any Application, and what, had been made to the
Vicar of the old Church, with respect to the Nomination of a Minister.
Then Mr. Strange was heard likewise for the Bill; and
submitted it to the House, "That the Allowance proposed to be made to the Vicar might be augmented;
and that the new erected Building might be called,
A Chapel of Ease."
After which; Mr. Pauncefort, One of the Counsel
for the Petitoners, was heard, by Way of Reply.
And the Counsel were directed to withdraw.
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ld. President.
D. Richmond.
D. Beaufort.
D. Buccleugh.
D. Athol.
D. Ancaster, L G. C.
D. Manchester.
E. Pembroke.
E. Leicester.
E. Northampton.
E. Warwick.
E. Shastesbury.
E. Litchfield.
E. Scarbrough.
E. Findlater.
E. Ilay.
E. Oxford.
E. Aylesford.
E. Fitzwalter.
E. Malton.
V. Say & Seale.
V. Cobham. |
L. Bp. London.
L. B. Lincoln.
L. B. Rochester.
L. B. Sarum.
L. B. Glocester.
L. B. Bristol. |
Ld. Delawarr.
L. Willoughby Par.
L. Hunsdon.
L. Lovelace.
L. Cornwallis.
L. Lynne.
L. Carteret.
L. Haversham.
L. Montjoy.
L. Bathurst.
L. Onslow.
L. Lovell.
L. Hardwicke. |
Their Lordships, or any Five of them; to meet at
the usual Time and Place, To-morrow Sevennight; and to adjourn as they please.
Nightly Watch in St. James's Bill.
Ordered, That all the Lords which have been this
Day present, and are not of the Committee on the Bill
for regulating the Nightly Watch in the Parishes of St.
James and St. George Hanover Square, be added to the
said Committee.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
vicesimum secundum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Martis, 22o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Menevens.
Epus. Norwic.
Epus. Bangor.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Richmond.
Dux Beaufort.
Dux Leeds.
Dux Rutland.
2. Dux Buccleugh.
1. Dux Montagu.
Dux Athol.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Portland.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Berkshire.
Comes Thanet.
Comes Scarbrough.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Bakcarris.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Viscount Lymington. |
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Carteret.
Ds. Haversham.
Ds. Cathcart.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke. |
D. of Gordon against Duff.
The Answer of William Duff of Braco Esquire, to the
Appeal of Cosmo George Duke of Gordon, was brought
in.
L. Polwarth's Bill.
The Earl of Shaftesbury reported from the Lords
Committees to whom the Bill, intituled, "An Act to
enable Hugh Hume Campbell, commonly called Lord
Polwarth, and others, to sell Lands in Essex, settled
by his Marriage Articles; and, with the Money
arising thereby, to purchase other Lands, of like
Value, to be settled to the same Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to
be true; that the Parties concerned had given their
Consents; and that the Committee have made some
Amendments to the Bill, by filling up the Blanks
with the Time for the Commencement thereof, and
the Names of the Trustees in whose Hands the Purchase-money is to be lodged: But their Lordships,
finding that there is not any Estate contracted for, or
purchased, in Lieu of that intended to be sold, as is
required to be done by the Standing Order of this
House, have directed a Special Report to be made to
your Lordships, of the Reasons which appeared to the
Committee, why, in regard to the particular Circumstances of this Case, they conceive it reasonable the
said Bill should pass, though the said Standing Order
cannot be duly complied with:
"For that it appeared to the Committee, That
Michael Newnham, being employed by the Lord Polwarth, had made an Agreement for the Sale of the
Estate in Essex, settled by the Marriage Articles in
the Bill mentioned, which is of the Yearly Value of
Two Hundred Pounds, or thereabouts, and lies in an
unwholesome Fenny Country; and also that the said
Newnham, by the Direction of the said Lord Polwarth, had entered into a Treaty for the Purchase
of an Estate in the County of Hertford, of One Thousand Six Hundred Pounds greater Value than the said
Estate in Essex so agreed to be sold, to be settled in
Lieu thereof; but that such Agreement cannot be
perfected till the Person from whom the Purchase is
to be made comes of Age, which will be in about
Nine Months; and, in the mean Time, until such
Purchase can be compleated, the Money arising by
Sale of the Estate in Essex is to be vested in David
Mitchell Esquire, the surviving Trustee named in the
said Marriage Articles, and Thomas Mostyn Esquire,
(who are the Trustees named in the Bill), to be by
them placed out, on Government or Real Securities,
at Interest: And the said Trustees appeared in Person before the Committee; and accepted the Trust,
under their Hands."
Which Report being read by the Clerk:
It was moved, "That the Standing Order of this
House be dispensed with, in this Case."
Ordered, That this House will take the said Motion into Consideration To-morrow; and the Lords to
be summoned; and that the further Consideration of the
said Report be adjourned till that Time.
Nightly Watch in St. James's Bill.
The Lord President reported from the Lords Committees to whom the Bill, intituled, "An Act for the
better regulating the Nightly Watch and Beadles,
within the Two Parishes of St. James and St. George
Hanover Square, within the Liberties of the City of
Westminster," was committed: "That they had considered the said Bill, and examined the Allegations
thereof, which they found to be true; and that the
Committee had gone through the Bill, and made One
Amendment thereunto; (videlicet,)
"Press 3. Line 18. After ["One Thousand Seven
Hundred and Thirty-five"], leave out ["and so Yearly and every Year"]."
Which Amendment, being read Twice by the Clerk,
was agreed to by the House.
Cantillon's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for
the better Execution of the last Will and Testament
of Richard Cantillon Esquire, deceased; and for other
Purposes therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Sir C. Gilmour's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to enable Sir Charles Gilmour Baronet to sell Part of
the Lands of Craigmillar and Nether Libberton, for
Payment of Debts, with which the said Estate stands
charged and encumbered."
The Question was put, "Whether the said Bill
shall pass?"
It was Resolved in the Affirmative.
Appleton's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act
for confirming and establishing a Partition of the
Estate of Henry Appleton Esquire, deceased, made
pursuant to a Decree of the Court of Chancery."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Messages to H. C. with the Three preceding Bills.
And Messages were ordered to be sent to the House of
Commons, by Mr. Spicer and Mr. Edwards:
To carry down the said Bills, and desire their Concurrence to them.
Morgan to enter into a Recognizance for Edgeworth.
The House being moved, "That John Morgan, of
The Middle Temple, London, Esquire, may be permitted to enter into a Recognizance for Edward Edgworth Esquire, on account of his Appeal depending in
this House; he being in Ireland:"
It is Ordered, That the said John Morgan may be
permitted to enter into a Recognizance for the Appellant, as desired.
Knapp & Ux. against Brown:
The House was informed, "That the Matters in Difference were accommodated, in the Cause upon an Appeal, wherein Warner Knapp and Jane his Wife, One
of the Daughters of Patience Murphy, of the City of
Cork, in the Kingdom of Ireland, Widow, and One
of the Sisters and Coheirs of Samuel Murphy Gentleman, deceased, who was only Son and Heir of the
said Patience Murphy, are Appellants, and William
Brown the Elder and William Brown his Son, an Infant, Brother and Heir at Law of Hugh Brown an
Infant, deceased, and also Heir at Law of Mary
Brown his Mother, deceased, by his Guardian and
Father the said William Brown the Elder, Thomas
Pembrock and Sarah his Wife, Respondents; which
Appeal complained of several Orders, Decrees, and
Proceedings, in the Court of Chancery in Ireland,
made in a Cause wherein William Brown Merchant
and Mary his Wife, another of the Daughters of the
said Patience Murphy, were Plaintiffs, and Samuel
Murphy, Warner Knapp and Jane his Wife, and
Thomas Pembrock and Sarah his Wife, Defendants;
which Cause, upon the Death of the said Mary, was
revived by William Brown the Father, and Hugh Brown
Son of the said Mary; and that the said Appellants
were willing their said Appeal should be dismissed;
and the said Orders, Decrees, and Proceedings, of
the Court of Chancery in Ireland, therein complained of, should be affirmed."
Whereupon the Agents on both Sides were called
in.
And Mr. Dixon, the Appellant's Agent, at the Bar,
consenting to such Dismission and Affirmance as abovementioned:
They were directed to withdraw.
And being withdrawn:
Appeal difimissed.
It is Ordered, That the said Petition and Appeal
be, and is hereby, dismissed this House; and the Orders,
Decrees, and Proceedings, therein complained of, be,
and the same are hereby, affirmed, as desired.
Lowther against Raw & al.
Ordered, That the Cause wherein Robert Lowther
Esquire is Appellant, and Michael Raw and others are
Respondents, which was appointed to be heard To-day,
be put off till To-morrow; and the Causes on Causedays removed in Course.
Laws against pulling down Turnpikes, &c. more effectual, Bill.
Ordered, That on Thursday next this House shall
be put into a Committee upon the Bill for rendering
the Laws more effectual against the pulling down of
Turnpikes.
Persons who have neglected to take the Oaths, Time enlarged, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to indemnify Persons who have omitted to qualify
themselves for Offices and Employments within the
Time limited by Law; and for allowing further Time
for that Purpose."
Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii,
vicesimum tertium diem instantis Aprilis hora undecima
Auroræ, Dominis fic decernentibus.
DIE Mercurii, 23o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Richmond.
Dux Leeds.
Dux Bedford.
Dux Buccleuch.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Comes Northampton.
Comes Warwick.
Comes Berkshire.
Comes Thanet.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Ilay.
Comes Tankerville.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Kerr.
Comes Fitzwalter. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Hervey.
Ds. Cathcart.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Onslow.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.
Ds. Hardwicke. |
PRAYERS.
Engraver's Bill.
The Earl of Warwick reported from the Committee
to whom the Bill, intituled, "An Act for the Encouragement of the Arts of designing, engraving, and
etching, Historical and other Prints, by vesting the
Properties thereof in the Inventors and Engravers,
during the Time therein mentioned," was committed:
That they had considered the said Bill, and examined
the Allegations thereof, which were found to be
true; and that the Committee had gone through the
Bill, and directed him to report the same to the House,
without any Amendment."
Charitable Corporation Tickets, Bill.
The Earl of Warwick made the like Report from the
Committee to whom the Bill, intituled, "An Act for
prolonging the Time for claiming the fortunate Tickets in the Charitable Corporation Lottery; and for
making Provision for Tickets in the said Lottery, lost,
burnt, or otherwise destroyed," was committed.
Nightly Watch in St. James's, &c. Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act
for the better regulating the Nightly Watch and
Beadles, within the Two Parishes of St. James and St.
George, Hanover Square, within the Liberties of the
City of Westminster."
The Question was put, "Whether this Bill, with
the Amendment, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with an Amendment to it.
A Message was sent to the House of Commons, by
Mr. Lightbourn and Mr. John Bennet;
To acquaint them, that the Lords have agreed to the
said Bill, with One Amendment, whereunto their Lordships desire their Concurrence.
Message from thence, with Bills; and to return Forester's Bill.
A Message was brought from the House of Commons,
by Mr. Brereton and others:
To return the Bill, intituled, "An Act for vesting
the Estates of William Forester Esquire and Brook
Forester his Son and Heir Apparent, in the County of
Salop, in Trustees, to settle the same, pursuant to an
Agreement previous to the Marriage of the said
Brook Forester with Elizabeth his Wife, only Daughter
of George Weld Esquire, notwithstanding the Minority
of the said Brook Forcester;" and to acquaint this
House, that they have agreed to the said Bill, without
any Amendment.
A Message was brought from the House of Commons,
by Mr. Bramston and others:
With a Bill, intituled, "An Act for the Amendment
of the Law relating to Actions on the Statute of
Hue and Cry;" to which they desire the Concurrence
of this House.
A Message was brought from the House of Commons,
by Sir Francis Child and others:
With a Bill, intituled, "An Act for rebuilding the
Parish Church of St. Leonard, Shoreditch, in the
County of Middlesex;" to which they desire the Concurrence of this House.
L. Polwarth's Bill.
The House (according to Order) proceeded to take
into Consideration the Motion made Yesterday, for
dispensing with the Standing Order in relation to Bills
for selling Lands in One Place, and buying Lands in another; as also to take into further Consideration the Report then made from the Committee to whom the Bill,
intituled, "An Act to enable Hugh Hume Campbell, commonly called Lord Polwarth, and others, to sell
Lands in Essex, settled by his Marriage Articles; and,
with the Money arising thereby, to purchase other
Lands, of the like Value, to be settled to the same
Uses," was committed.
And the special Reasons reported by the said Committee being read;
As likewise the Amendments made by their Lordships to the said Bill:
The same were agreed to.
Ordered, That the said Standing Order be dispensed
with, in this Case; and that the said Bill, with the
Amendments, be engrossed.
Lowther against Raw & al.
After hearing Counsel, in Part, in the Cause wherein Robert Lowther Esquire is Appellant, and Michael Raw
and others are Respondents:
It is Ordered, That the further hearing of the said
Cause be adjourned till To morrow, at Twelve a
Clock.
Sinking Fund and Salt Bills put off.
Ordered, That the Bill for applying the Sum of
One Million out of the Sinking Fund, and the Bill for
continuing the Duties upon Salt, which were appointed
to be read the Third Time To-morrow, be both read the
Third Time on Friday next; and the Lords to be summoned; and the Causes on Cause-days removed in
Course.
Skerret against Nisbet & al.
Ordered, That the Cause wherein Humphrey Skerrit is Appellant, and Mathew Nesbit and others are Respondents, which was appointed to be heard To-morrow,
be put off to Saturday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
vicesimum quartum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Jovis, 24o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Oxon.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Bangor.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Leeds.
Dux Buccleuch.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Thanet.
Comes Cardigan.
Comes Scarbrough.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Cowper.
Comes Harborough.
Comes Mucclesfield.
Comes Pomfret.
Comes Graham.
Comes Kerr.
Comes Ashburnham.
Comes Malton.
Viscount Say & Seale.
Viscount Tadcaster. |
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Haversham.
Ds. Hervey.
Ds. Cathcart.
Ds. Montjoy.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. King.
Ds. Hardwicke. |
PRAYERS.
Lowther against Raw & al.
After hearing Counsel, as well Yesterday as this Day,
upon the Petition and Appeal of Robert Lowther Esquire; complaining of an Order of Dismission of the
Court of Chancery, of the 17th Day of June 1734,
made in a Cause wherein the Appellant was Plaintiff,
and Michael Raw, John Wilson, Robert Hornby, Henry
Solkeld, William Whinfield, John Robinson, Henry Fothergill, Edward Branthwaite, John Jackson, John Milner, Robert Atkinson, William Wharton, George Wilson,
William Winter, Thomas Wharton, George Bellass, and
John Hudson, were Defendants; and praying, "That
the said Order may be reversed, and such Relief
granted to the Appellant as to the House shall seem
meet:" As also upon the Answer of the said Defendants put in to the said Appeal; 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 the
said Order of the Court of Chancery, complained of
in the said Appeal, be, and the same is hereby, reversed: And it is hereby Declared, That the Appellant became entitled to a general Fine upon the Death of the
late Duke of Wharton; and that the Respondents ought
to pay the same, in respect of their Customary Tenements
held by them, according to the Rates specified in the several Indentures in the Pleadings mentioned, bearing
Date in the Months of August and September in the Year
of our Lord 1613, made between Philip Lord Wharton
and his Son Sir Thomas Wharton, and several of the
Tenants of the Customary Estates held of the respective
Manors, in the Pleadings also mentioned: And it is hereby further Ordered, That it be referred to a Master
of the said Court, to inquire whether the said Fines
payable by the Respondents have been rightly assessed,
and to state the same; and if they an Accompt what the
same amount unto, according to the said Indentures; and
the same are to be paid by the Respondents to the Appellant; and that the Agreement in Writing, entered
into by the Respondents, for defending this Suit, mentioned in the Answer of the Respondents to the Appellant's Bill, be produced before and left with the said
Master, to be made Use of and disposed of as the Court
of Chancery shall direct: And further, that the said
Court do give proper Directions in Pursuance of this
Order.
Hue and Cry, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act
for the Amendment of the Law relating to Actions on
the Statute of Hue and Cry."
Shoreditch Church, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for
re-building the Parish Church of St. Leonard, Shoreditch, in the County of Middlesex."
L. P. Iwarth's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to enable Hugh Hume Campbell, commonly called Lord
Polwarth, and others, to sell Lands in Essex, settled
by his Marriage Articles; and, with the Money arising thereby, to purchase other Lands, of like Value,
to be settled to the same Uses."
The Question was put, "Whether this Bill
shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Mr. Thomas Bennet and Mr. Burroughs:
To carry down the said Bill, and desire their Concurrence thereunto.
The Orders of the Day being read:
Laws against pulling down Turnpikes, &c. more effectual, Bill.
Ordered, That the House be put into a Committee
upon the Bill for rendering the Laws more effectual to
prevent the pulling down of Turnpikes, To-morrow.
Persons who have neglected to take the Oaths Time prolonged, Bill.
Ordered, That the House be put into a Committee
upon the Bill to indemnify Persons who have omitted to
qualify themselves for Offices or Employments within
the Time limited, To-morrow.
Charitable Corporation Tickets, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for prolonging the Time for claiming the fortunate
Tickets in the Charitable Corporation Lottery; and for
making Provision for Tickets in the said Lottery, lost,
burnt, or otherwise destroyed."
The Question was put, "Whether this Bill
shall pass?"
It was Resolved in the Affirmative.
Engravers Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for the Encouragement of the Arts of designing, engraving, and etching, Historical and other Prints, by
vesting the Properties thereof in the Inventors and
Engravers, during the Time therein mentioned."
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 the Two preceding Bills.
And Message were severally ordered to be sent to the
House of Commons, by the former Messengers:
To acquaint them, that the Lords have agreed to
the Two last mentioned Bills, without any Amendment.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in Diem Veneris,
vicesimum quintum diem instantis Aprilis hora undecima
Auroræ, Dominis sic decernentibus.
DIE Veneris, 25o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Cicestrien.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Bangor.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux Bedford.
Dux Rutland.
Dux Montagu.
Dux Buccleuch.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Chandos.
Dux Dorset.
March. Lothian.
Comes Pembroke.
Comes Suffolk.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Thanet.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Albemarle.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Kerr.
Comes Fitzwalter.
Comes Ashburnham.
Comes Effingham.
Comes Malton.
Viscount Weymouth.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Hinton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Haversham.
Ds. Hervey.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. King.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
Messages from H. C. with Bills; and to return the one for a Nightly Watch in St. James's, &c. Bill.
A Message was brought from the House of Commons,
by the Lord Tyrconnel and others:
To return the Bill, intituled, "An Act for the better
regulating the Nightly Watch and Beadles, within the
Two Parishes of St. James and St. George, HanoverSquare, within the Liberties of the City of Westminster;" and to acquaint this House, that they have
agreed to their Lordships Amendment made thereto.
Continuing Laws, Bill.
A Message was brought from the House of Commons,
by Mr. Fane and others:
With a Bill, intituled, "An Act to continue several
Laws therein mentioned, for the better Regulation
and Government of Seamen in the Merchants Service;
for the regulating of Pilots of Dover, Deal, and the
Ise of Thanet; for preventing Frauds in the Customs, and to prevent the clandesline Running of
Goods; and for making Copper Ore, of the British
Plantations, an enumerated Commodity;" to which
they desire the Concurrence of this House.
To carry Rice from Carolina and Georgia, Bill.
A Message was brought from the House of Commons,
by Mr. Oglethorpe and others:
With a Bill, intituled, "An Act to continue an Act
passed in the Third Year of His present Majesty's
Reign, intituled, "An Act for granting Liberty to
carry Rice, from His Majesty's Province of Carolina in
America, directly to any Part of Europe Southward
of Cape Finisterre, in Ships built in and belonging to
Great Britain, and navigated according to Law;" and
to extend that Liberty to His Majesty's Province of
Georgia in America;" to which they desire the Concurrence of this House.
Sail Cloth and Silk Manufactures, Bill:
A Message was brought from the House of Commons,
by Mr. Fane and others:
With a Bill, intituled, "An Act to continue some
Laws therein mentioned, relating to the Encouragement of the making of Sail Cloth in Great Britain;
and for Encouragement of the Silk Manufactures of
this Kingdom;" to which they desire the Concurrence
of this House.
The said Three Bills were read the First Time.
Soldiers at Elections quartering, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for
regulating the Quartering of Soldiers during the Time
of the Elections of Members to serve in Parliament."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Mr. Allen and Mr. Edwards:
To carry down the said Bill, and desire their Concurrence thereunto.
Late E Seafort's Bill.
The House being moved, "That the Bill, intituled,
"An Act to enable William Mackenzie late Earl of Scafort to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability
in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate that may or shall
hereafter descend or come to him," may be now read
a Second Time:"
The Duke of Newcastle acquainted the House,
"That His Majesty, having been apprized of the Contents of this Bill, was graciously pleased (so far as the
Interest of the Crown was concerned) to consent
that their Lordships might do therein as they should
think fit."
The said Bill was accordingly read a Second Time.
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
D. Richmond.
D. Beaufort.
D. Bedford.
D. Buccleuch.
D. Atholl.
M. Lothian.
E. Northampton.
E. Warwick.
E. Shaftesbury.
E. Litchfield.
E. Craufurd.
E. Morton.
E. Loudoun.
E. Findlater.
E. Selkirk.
E. Balcarris.
E. Dunmore.
E. Orkney.
E. Ilay.
E. Strafford.
V. Lymington. |
L. Bp. London.
L. B. Oxon.
L. B. Rochester.
L. B. Glocester.
L. B. Bristol. |
Ld. Delawarr.
L. Willoughby Par.
L. Hunsdon.
L. Lovelace.
L. Cornwallis.
L. Lynne.
L. Carteret.
L. Montjoy.
L. Bathurst.
L. Onslow.
L. Hardwicke. |
Their Lordships, or any Five of them; to meet at
the usual Time and Place; on Monday next; and
to adjourn as they please.
Mathew's Nat. Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Stephen Mathew," was committed: "That
they had examined the Allegations of the said Bill,
and found the same to be true; and had considered
the Petition of Elizabeth Bouchet and Arnold Rosenhagen, to be added to the said Bill; and had gone
through the same, and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed
to by the House.
Ordered, That the said Bill, with the Amendments,
be engrossed.
Mackgill, claiming the Title of Visc. Oxfurd, Report that he has no Right to the Title.
The Earl of Craufurd reported from the Lords Committees for Privileges, to whom was referred the Petition of James Makgill Viscount of Oxfurd to His Majesty, and by His Majesty referred to this House; praying, "That His Majesty will be graciously pleased to
give such Directions as He shall think proper, for declaring and establishing the Petitioner's Right and
Title to the Honour and Dignity of Viscount of
Oxfurd and Lord Makgill of Cousland:" "That the
Committee had considered of the said Petition; and
heard Counsel, and examined Witnesses, on the Part
of the Petitioner; and read Grants, Surrenders,
Patents, Charters, Inquisitions, Retours, and Marriage Articles; and likewise heard Counsel for Robert
Son and Heir of Christian Daughter of Robert late
Viscount of Oxfurd, as also Counsel on Behalf of the
Crown; and are of Opinion, that the Petitioner has
not made out any Right to the Honours and Titles of
Viscount of Oxfurd and Lord Makgill of Cousland."
Which Report, being read by the Clerk, was agreed
to by the House.
Ordered, That the same be laid before His Majesty,
by the Lords with White Staves.
Ordered, That the Earl of Strafford be added to
the Committee to whom the Bill relating to the new
Church in Sheffield stands referred.
Silt Duties, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for granting and continuing the Duties upon Salt, and
upon Red and White Herrings, for the further Term
of Four Years; and for giving further Time for the
Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Sinking Fund, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
enabling His Majesty to apply the Sum of One Million, out of the Sinking Fund, for the Service of the
Year One Thousand Seven Hundred and Thirtyfive."
After Debate;
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lord, have agreed to the Two preceding Bills.
And Messages were severally ordered to be sent to the
House of Commons, by the former Messengers:
To acquaint them, the Lords have agreed to the Two
last mentioned Bills, without any Amendment.
Laws against pulling down Turnpikes, &c. more effectual, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for rendering the Laws more effectual for punishing such Persons as shall wilfully and
maliciously pull down or destroy Turnpikes for repairing Highways, or Locks or other Works erected
by Act of Parliament for making Rivers navigable;
and for other Purposes therein mentioned."
After some Time, the House was resumed.
And the Earl of Warwick reported from the said
Committee, "That they had gone through the Bill,
and directed him to report the same to the House,
without any Amendment."
Persons who have omitted to take the Oaths, Time enlarged, Bill.
The like Proceeding was had upon the Bill, intituled, "An Act to indemnify Persons who have omitted to
qualify themselves for Offices and Employments within
the Time limited by Law; and for allowing further
Time for that Purpose."
And the like Report made.
Shoreditch Church, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
re-building the Parish Church of St. Leonard, Shoreditch, in the County of Middlesex."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees afore named:
Their Lordships, or any Five of them; to meet at
the usual Time and Place, on Tuesday next; and
to adjourn as they please.
Hue and Cry Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for the Amendment of the Law relating to Actions on
the Statute of Hue and Cry."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati,
vicesimum sextum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Sabbati, 26o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Winton.
Epus. Hereford.
Epus. Sarum.
Epus. Glocestriens.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Comes Northampton.
Comes Scarbrough.
Comes Strafford.
Comes Cowper.
Comes Fitzwalter. |
Ds. Willoughby Par.
Ds. Bathurst. |
PRAYERS.
State of the National Debt delivered.
The House was informed, "That Mr. Chocke, from
the Exchequer, attended."
He was called in; and delivered, at the Bar, pursuant to their Lordships Address of the 17th Instant,
"A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st
of December 1733, and 31st of December 1734; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what
Debts, contracted before 25th December 1716, the
said Fund hath been applied."
And then he withdrew.
And the Title of the said State was read.
Rice from Carolina and Georgia, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
continue an Act passed in the 3d Year of His present
Majesty's Reign, intituled, "An Act for granting
Liberty to carry Rice, from His Majesty's Province of
Carolina in America, directly to any Part of Europe
Southward of Cape Finisterre, in Ships built in and
belonging to Great Britain, and navigated according
to Law;" and to extend that Liberty to his Majesty's
Province of Georgia in America."
Ordered, That the said Bill be committed to
the Consideration of the Lords following; (videlicet,)
|
L. President.
D. Bedford.
D. Ancaster, L. G. C.
E. Northampton.
E. Scarbrough.
E. Strafford.
E. Cowper.
E. Fitzwalter. |
L. Bp. Winton.
L. Bp. Hereford.
L. Bp. Sarum.
L. Bp. Bristol. |
L. Willoughby Par.
L. Bathurst. |
Their Lordships, or any Five of them; to meet
on Monday next, at the usual Time and Place;
and to adjourn as they please.
Continuing Laws, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
continue several Laws therein mentioned, for the
better Regulation and Government of Seamen in the
Merchants Service; for the regulating of Pilots of
Dover, Deal, and the Isle of Thanet; for preventing
Frauds in the Customs, and to prevent the clandestine Running of Goods; and for making Copper Ore,
of the British Plantations, an enumerated Commodity."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet
at the same Place, on the same Day; and to adjourn as they please.
Sail Cloth, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
continue some Laws therein mentioned, relating to
the Encouragement of the making of Sail Cloth in
Great Britain; and for Encouragement of the Silk
Manufactures of this Kingdom."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet
at the same Place, on the same Day; and to adjourn as they please.
Persons who have omitted to take the Oaths, Time enlarged, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to indemnify Persons who have omitted to qualify
themselves for Offices or Employments within the
Time limited by Law; and for allowing further Time
for that Purpose."
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. John Bennet and Mr. Lightboun:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Hue and Cry, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill,
intituled, "An Act for the Amendment of the Law
relating to Actions on the Statute of Hue and
Cry."
After some Time, the House was resumed.
And the Lord Willoughby of Parham 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."
Skerret against Nesbit & al.
Counsel (according to Order) were called in, to be
heard, in the Cause wherein Humphry Skerret Gentleman is Appellant, and Mathew Nesbit, Son and Heir of
John Nesbit deceased, and others, are Respondents.
And the Counsel for the Appellant were fully heard
(no Counsel appearing for the Respondents).
And the Order and Judgement of this House, of the
11th of April 1728, upon hearing the Appellant's former Appeal, as also the several Orders of the Court of
Chancery in Ireland, complained of in the present Appeal, were read.
And the Counsel being withdrawn:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
several Orders so complained of as aforesaid be, and
the same are hereby, reversed: And it is further Ordered, That the Plea put in by the Respondents to
the Appellant's Bill be over-ruled; and that the said
Court of Chancery do award an Injunction, to quiet the
Appellant in the Possession and Enjoyment of the Estate
of Aughry, comprized in the Lease of the 2d of June
1696, against the Respondents, and all claiming under
them, until the Hearing of this Cause, and further
Order of the said Court; and that the said Court do
also appoint a Receiver, to receive the Rents and Profits
of the Premises in Question in this Cause, except
Aughry and Drumadbegg, with Power to him to let and
set such Parts thereof as are or shall be untenanted,
with the Approbation of One of the Masters of the
said Court; and that the Rents and Profits thereof,
when received, be brought into the said Court, to be
applied as the said Court shall direct: And it is hereby
also Ordered, That the said Court do cause the
Twenty Pounds Costs, directed by this House on the
14th of this Instant April to be paid to the Appellant
by the Respondent Mathew Nesbit, to be paid to him
by the said Respondent accordingly.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, vicesimum octavum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Lunæ, 28o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Hereford.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestr. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Leeds.
Dux Kent.
Dux Portland.
Dux Dorset.
Comes Suffolk.
Comes Northampton.
Comes Denbigh.
Comes Shaftesbury.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Ilay.
Comes Tankerville.
Comes Harborough.
Comes Fitzwalter.
Viscount Tadcaster.
Viscount Torrington. |
Ds. Willoughby Par.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Hardwicke. |
PRAYERS.
Continuing Laws, &c. Bill.
The Lord President reported from the Lords Committees to whom the Bill, intituled, "An Act to continue several Laws therein mentioned, for the better
Regulation and Government of Seamen in the Merchants Service; for the regulating of Pilots of Dover,
Deal, and the Isle of Thanet; for preventing Frauds
in the Customs, and to prevent the clandestine Running of Goods; and for making Copper Ore, of
the British Plantations, an enumerated Commodity,"
was committed: "That they had considered of the
said Bill, and gone through the same, without any
Amendment."
Sail Cloth and Silk Manufactures, Bill
The Lord President made the like Report from the
same Committee on the Bill, intituled, "An Act to continue some Laws therein mentioned, relating to the
Encouragement of the making of Sail Cloth in Great
Britain, and for Encouragement of the Silk Manufactures of this Kingdom."
Rice from Carolina and Georgia, Bill.
The Lord President made the like Report from the
same Committee on the Bill, intituled, "An Act to
continue an Act passed in the 3d Year of His present
Majesty's Reign, intituled, "An Act for granting
Liberty to carry Rice from His Majesty's Province of
Carolina in America, directly to any Part of Europe
Southward of Cape Finisterre, in Ships built in and
belonging to Great Britain, and navigated according
to Law;" and to extend that Liberty to His Majesty's
Province of Georgia in America."
Late E. Seaforth's Bill.
The Earl of Findlater made the like Report from the
Committee to whom the Bill, intituled, "An Act to
enable William Mackenzie late Earl of Seafort to sue
or maintain any Action or Suit, notwithstanding his
Attainder; and to remove any Disability in him, by
reason of his said Attainder, to take or inherit any
Real or Personal Estate that may or shall hereafter
descend or come to him," was committed.
Messages from H C. to return Broughton, &c. Nat. Bill;
A Message was brought from the House of Commons,
by Mr. Brereton and others:
To return the Bill, intituled, "An Act for naturalizing Anna Elizabeth Broughton and Josias Cottin;"
and to acquaint this House, that they have agreed to
their Lordships Amendments made thereto.
and Edgar's Bill.
A Message was brought from the House of Commons,
by Sir Jermyn Davers and others:
To return the Bill, intituled, "An Act for discharging Part of the Estate of Robert Edgar Esquire,
in the County of Cambridge, from the Uses of his
Marriage Settlement; he having settled an Estate in
the County of Suffolk, of greater Value, to the same
Uses;" and to acquaint this House, that they have
agreed to the said Bill, without any Amendment.
Hue and Cry, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
the Amendment of the Law relating to Actions on
the Statute of Hue and Cry."
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. Elde and Mr. Thurston:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Mathew & al. Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
naturalize Stephen Mathew, Arnold Rosenhagen, and
Jane Elizabeth du Bouchet."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
the former Messengers:
To carry down the said Bill, and desire their Concurrence thereunto.
Crawfurd against Vis. Garnock:
After hearing Counsel, upon the Petition and Appeal
of John Crawfurd Esquire, commonly called Master of
Garnock, Eldest Son of Patrick Lord Viscount of Garnock, an Infant of tender Years, by John Crawfurd
Esquire, Advocate, his Uncle and next Friend; and of
the same John Crawfurd, Second Son of the deceased
John Viscount of Garnock, for himself; complaining of
Three Interlocutory Sentences of the Lords of Session in
Scotland, dated the 25th of June and 28th of July 1725,
and the 28th of February 173¾; and praying, "That
the same may be reversed, and such Relief given to
the Appellants as to the House shall seem meet:" As
also upon the several and joint Answer of the said Patrick Lord Viscount of Garnock and others his Creditors put in to the said Appeal; and due Consideration had of what was offered on either Side in this
Cause:
Judgement.
It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That, the said Patrick Lord
Viscount of Garnock not having inserted in his Enfeoffment the prohibitory, irritant, and resolutive Clauses,
contained in the original Settlement made in the Year
1662, called a Bond of Tailzie, the said Interlocurtory
Sentences of the Lords of Session complained of in the
said Appeal be, and the same are hereby, reversed;
but without Prejudice to the Question of Law, in case
proper Suits be brought by the said Creditors, in order
to recover their respective Debts.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum nonum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Martis, 29o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Winton.
Epus. Roffen.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Bangor.
Epus. Carliol.
Epus. Glocestr. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Beaufort.
Dux Leeds.
Dux Bedford.
Dux Buccleuch.
Dux Atholl.
Dux Newcastle.
Dux Portland.
Dux Dorset.
Dux Bridgewater.
Comes Northampton.
Comes Warwick.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Coventry.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Cowper.
Comes Harborough.
Comes Graham.
Comes Kerr.
Comes Malton.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson. |
PRAYERS.
Rice from Carolina and Georgia, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to
continue an Act passed in the 3d Year of His present
Majesty's Reign, intituled, "An Act for granting
Liberty to carry Rice, from His Majesty's Province of
Carolina in America, directly to any Part of Europe
Southward of Cape Finisterre, in Ships built in and
belonging to Great Britain, and navigated according
to Law;" and to extend that Liberty to His Majesty's Province of Georgia in America."
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. Burroughs and Mr. Allen:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
L. Dudley's Petition, to be restored to Possession of Lands in Ireland, which the E. of Meath obtained by an Order of the Lords there.
A Petition of William Lord Dudley and Ward, was
presented, and read; setting forth some Proceedings
had in the Chancery, of the Regalities and Liberties of
the County of Tipperary, in the Kingdom of Ireland, in
the Years 1685 and 1686, between the then Earl and
Countess of Mcath and the then Lord Dudley and Ward
and others; as also Proceedings had in the House of
Lords in the said Kingdom, upon an Appeal to that
House, of the said Earl and Countess; and likewise Proceedings had in this House, upon an Appeal of Edward Ward Esquire, the Petitioner's Eldest Brother,
and others, to their Lordships, for Relief against an
Order of the House of Lords in Ireland, made upon the
Appeal of the said Earl and Countess; which Order
being by this House declared null and void, the Petitioner's said Brother and the other Appellants were
ordered to be put into Possession of such Lands as the
Earl and Countess of Meath had obtained Possession of
under the said Order; and they were put into Possession accordingly: But, in the Year 1703, the said Lords
in Ireland did, by their Order, cause Possession of the
same Lands to be given to the said Earl and Countess;
soon after which, the Petitioner's said Brother died;
and that, in the Year 1720, the late Lord Dudley, the
Petitioner's Nephew, applied to this House by Petition,
to be put into Possession of the said Lands; which Petition was referred to a Committee, to examine into the
Matters aforesaid; but no Determination was had therein: And that the Petitioner's said Nephew died in the
Year 1731, upon whose Death the Estate in Question
descended to the Petitioner as his Uncle and Heir; but
he, not having any of the Proceedings in his Custody,
did not come to the Knowledge of his Title to the said
Estate till lately; and praying, "That this House will
order the Petitioner to be put into Possession of all
such Lands as the said Earl and Countess of Meath
obtained Possession of under the said Order of the
House of Lords in Ireland; or that he may have such
other Relief given him as their Lordships, in their
great Wisdom, shall think proper."
Ordered, That the said Petition be referred to
the Consideration of the Lords Committees for Privileges, to examine what Proceedings have been had in
the former Cause in this House; and to state the several Proceedings, and what has been done thereupon,
together with their Opinion, to the House.
Continuing Laws, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act
to continue several Laws therein mentioned, for the
better Regulation and Government of Seamen in the
Merchants Service; for the regulating of Pilots of
Dover, Deal, and the Isle of Thanet; for preventing
Frauds in the Customs, and to prevent the clandestine Running of Goods; and for making Copper Ore,
of the British Plantations, an enumerated Commodity."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Sail Cloth and Silk Manufactures, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to
continue some Laws therein mentioned, relating to
the Encouragement of the making of Sail Cloth in
Great Britain; and for Encouragement of the Silk
Manufactures of this Kingdom."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Laws against pulling down Turnpikes, &c. making more effectual, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
rendering the Laws more effectual, for punishing
such Persons as shall wilfully and maliciously pull
down or destroy Turnpikes for repairing Highways,
or Locks or other Works erected by Act of Parliament for making Rivers navigable; and for other
Purposes therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Late E. Seaforth's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
enable William Mackenzie late Earl of Seafort to sue
or maintain any Action or Suit, notwithstanding his
Attainder; and to remove any Disability in him, by
reason of his said Attainder, to take or inherit any
Real or Personal Estate that may or shall hereafter
descend or come to him."
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 the Four preceding Bills.
And Messages were ordered to be sent to the House
of Commons, by the former Messengers:
To acquaint them, that the Lords have agreed to the
said Bills, without any Amendment.
Heriot & al. against Ray & al.
After hearing Counsel, in Part, in the Cause wherein George Heriot Provost of the Royal Borough of Haddington and others are Appellants, and William Ray and
others Respondents:
It is Ordered, That the further Hearing of the
said Cause be adjourned till To-morrow; and that
the Cause between Easton and Stirling, appointed to
be heard To-morrow, be put off to Thursday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii,
tricesimum diem instantis Aprilis, hora undecima Auroræ.
DIE Mercurii, 30o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Roffen.
Epus. Hereford.
Epus. Cestriens.
Epus. Landav.
Epus. Norwic.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestr. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Beaufort.
Dux Bolton.
Dux Leeds.
Dux Rutland.
Dux Buccleuch.
Dux Atholl.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Berkshire.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Orkney.
Comes Strafford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Kerr.
Comes Fitzwalter.
Viscount Tadcaster.
Viscount Cobham. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Lovelace.
Ds. Hinton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
High Bailiff of Westminster to attend, for not observing the Order to prevent Stoppages in the Streets.
Complaint was made to the House, "That their
Lordships Order, made the 23d of January last, for
preventing Stoppages in the Streets, is not duly observed."
And thereupon the said Order being read:
Ordered, That the High Bailiff of Westminster do
attend this House To-morrow.
Heriot & al. against Ray & al:
After hearing Counsel, as well Yesterday as this
Day, upon the Petition and Appeal of George Heriot
Provost of the Royal Borough of Haddington, Alexander
Hepburn and Richard Robertson Merchant Baillies of
the said Burgh, James Forrest Trades Baillie thereof,
Alexander Walker Chirurgeon present Dean of Guild
there, George Young present Treasurer there, Andrew
Dickson Merchant, Charles Crookshanks Dyer, William
Ross Wool-comber, Thomas Crombie Merchant, Robert
Forrest Brewer, William Begbie Chirurgeon, William
Brown Dyer, all Seven Merchant Counsellors of the said
Borough; George Hunter Wheelwright, and John Jack
Sclaiter, Trades Counsellors of the said Borough; James
Bertram Baxter and Deacon of the Baxters, John Hay
Sadler and Deacon of the Hammer-men, Henry Smith
Weaver and Deacon of the Weavers, and George Walker Skinner and Deacon of the Skinners of the said
Borough, all Members of the Town Council thereof;
complaining of Two Interlocutory Sentences of the
Lords of Session in Scotland, of the 20th and 28th of
February last: and praying, "That the same may be
reversed:" As also upon the Answers of William
Ray, Janies Erskine, John Caddell, Andrew Wilson,
George Erskine, George Finlayson, John Heriot, George
Cunninghame, James Stirling, Alexander Bowers, George
Forrester, John Baillie, James Lindsay, Robert Sawers,
Charles Lorrice, Hugh Bennett, James Haddin, William
Watt, and Simon Sawers Provost, Magistrates, Counsellors, and Deacons, of the said Royal Borough of Haddington, put in to the said Appeal; 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 the
said Petition and Appeal be, and is hereby, dismissed
this House; and that the said Interlocutory Sentences
therein complained of be, and the same are hereby,
affirmed.
McQuillin & Ux. against Hubbart & al.
Upon reading the Petition and Appeal of Richard
McQuillin Gentleman and Frances his Wife; complaining of an Order of Dismission of the Court of Exchequer in Ireland, made the 25th Day of November 1730,
in a Cause wherein the Appellants were Plaintiffs, and
Elizabeth and William Hubbart and others Defendants;
and praying, "That the same may be reversed; and
that a Release in the Appeal mentioned may be delivered up to the Appellants, to be canceled; and that
they may be relieved, according to the Nature of
their Case:"
It is Ordered, That the said Elizabeth and William
Hubbart may have a Copy of the said Appeal; and are
hereby required to put in their Answer thereunto, in
Writing, on or before Wednesday the 4th Day of June
next; and that Service of this Order on the Respondents Attornies in the said Court of Exchequer be
deemed good Service.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, primum diem Maii jam proxim. sequent. hora undecima
Auroræ, Dominis sic decernentibus.