April 1738, 11-20
DIE Mercurii, 11o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffen.
Epus. Sarum.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Devon.
Dux Montagu.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Comes Suffolk.
Comes North'ton.
Comes Warwick.
Comes Berks.
Comes Winchilsea.
Comes Litchfield.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Findlater.
Comes Dunmore.
Comes Hyndford.
Comes Strafford.
Comes Harborough.
Comes Graham.
Comes Effingham.
Comes Malton. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clifton.
Ds. Poulet.
Ds. Maynard.
Ds. Cornwallis.
Ds. Cathcart.
Ds. Boyle.
Ds. Hay.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Monson. |
PRAYERS.
Lincolnshire Roads, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for repairing the Roads from the North West Parts
of the County of Lincoln, through Nettlam Fields,
Wragby-Lane, and Baumber Fields, to The Wolds, or
North East Part of the said County."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
L. President.
L. Chamberlain.
D. Montagu.
D. Newcastle.
D. Portland.
D. Greenwich.
E. Suffolk.
E. North'ton.
E. Warwick.
E. Winchilsea.
E. Coventry.
E. Cholmondeley.
E. Findlater.
E. Dunmore.
E. Strafford.
E. Harborough.
E. Effingham. |
L. Bp. Rochester.
L. Bp. Sarum.
L. Bp. Norwich.
L. Bp. Bangor.
L. Bp. Bristol.
L. Bp. Landaff. |
L. Abergavenny.
L. Delawarr.
L. Clifton.
L. Poulet.
L. Maynard.
L. Cornwallis.
L. Cathcart.
L. Boyle.
L. Bathurst.
L. Romney.
L. Monson. |
Their Lordships, or any Five of them; to meet on
Friday next, at the usual Time and Place; and
to adjourn as they please.
Westall's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for confirming certain Articles of Agreement, made
between Edward Westall and his Wife, and Robert
Corr an Infant, and others; and to enable the
said Robert Corr to perform a Contract, for Sale of
certain Lands therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Sir W. Courtenay's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to establish and confirm an Agreement, made between
Sir William Courtenay Baronet, and his Brother Henry
Reginald Courtenay Esquire; and to render the same
effectual to the several Uses and Purposes 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.
A Message was sent to the House of Commons, by
Mr. Spicer and Mr. Mountague:
To carry down both the said Bills, and to desire their
Concurrence to them.
Message from thence, with a Bill:
A Message was brought from the House of Commons,
by Mr. Francis Fane and others:
With a Bill, intituled, "An Act to continue the
Duties for Encouragement of the Coinage of Money;"
to which they desire the Concurrence of this House.
Pailton Common Enclosure, Bill.
The Earl of Aylesford reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing Part of certain Common Fields, in the Township of Pailton, in the County of Warwick," 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 had gone
through the Bill, and made One Amendment thereunto."
Which, being read Twice by the Clerk, was agreed
to by the House.
Ordered, That the Bill, with the Amendment,
be engrossed.
E. Inchiquin & al. Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of William
Earl of Inchiquin and others; praying Leave to bring in
a Private Bill:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act
for Sale of Part of the Estate of William Earl of Inchiquin, in the Kingdom of Ireland, for Payment of
the Debts and Encumbrances charged thereupon; and
for settling such Part thereof as shall remain unsold,
according to his Marriage Agreement."
Ealing Church Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to enable the Parishioners of the Parish of Ealing, in
the County of Middlesex, to raise Money, by Rates
upon themselves, for finishing the Church of the said
Parish."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons,
by the former Messengers:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
D. Norfolk, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was was referred the Petition of Edward Duke of Norfolk, Hereditary Earl Marshal of
England; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act
to enable Edward Duke of Norfolk to grant Building
Leases, for Ninety-nine Years, of all or any Part of his
Lands, in or near the Township of Sheffield, in the
County of York."
Tracy, Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for naturalizing James Tracy."
The Question was put, "Whether this Bill, with
the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by
the former Messengers:
To return the said Bill; and acquaint them, that the
Lords have agreed to the same, with several Amendments, whereunto their Lordships desire their Concurrence.
Serjeant at Arms, Account of what he had done, to attach White et al. for arresting Lord Visc. Primrose.
The Serjeant at Arms being called upon, to give the
House an Account of what he had done, in Pursuance of
the Order of the 26th of February last, for attaching the
Bodies of John White, Plaintiff in the Action against Hugh
Lord Viscount Primrose, a Peer of Great Britain, and
Gonne, the Officer who signed the Process for arresting
his Lordship; and for bringing the said Delinquents to
this House, to answer for their Offences:
He thereupon acquainted their Lordships, "That he
immediately sent a Messenger to Ireland, to execute
the said Order; and had recived from him Two Letters, one dated the 4th, and the other the 27th, of last
Month; giving an Account, "That he had attached the
said John White, but himself and Two Men with him
were beat off by the Mob; and that he had since
been after him in the Country; but to no Purpose;
and as to Mr. Gonne, he had not seen him as yet; and
what to do, he did not know."
The Serjeant further informed the House, "That he
had since sent another Messenger to Ireland, from
whom he had not heard any Thing as yet; but he
believed he should soon hear from him."
He is directed to withdraw.
Ordered, That the Proceedings which have been
had, in order to the carrying the said Order of Attach
ment into Execution, be taken into Consideration on
Tuesday next; and the Lords to be summoned.
Fyfield Road, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act
for enlarging the Term and Powers granted by an
Act passed in the 6th Year of the Reign of His present Majesty, for repairing the Road from Fyfield, in
the County of Berks, to Saint John's Bridge, in the
County of Glocester; and for repairing the Roads from
an Inn called The Hind's Head, in the Parish of Kingston Bagpuze, in the said County of Berks, to that
Part of New Bridge which lies in the said County of
Berks."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet
To-morrow, at the usual Time and Place; and
to adjourn as they please.
Woolwich Church, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for applying a Sum of Money given by the Will of
Daniel Wiseman Esquire, deceased, for finishing the
new Church at Woolwich, in the County of Kent; and
for raising an Annuity, by an Assessment on the Parish
of Woolwich, during the Lives of Mary Wiseman and
Elizabeth Crouch, and the Life of the Survivor of them,
pursuant to the said Will."
Ordered, That the said Bill be committed to the
same Committee:
Their Lordships, or any Five of them; to meet
on the same Day, at the same Place; and to
adjourn as they please.
Lavallin et al. against Gould.
After hearing Counsel, in Part, upon the Petition
and Appeal of James Lavallin and others, to which
Christian Gould is Respondent:
It is Ordered, That the further Hearing of the
said Cause be adjourned till To-morrow; and that the
Cause appointed for that Day be put off to Friday next;
and the Cause appointed for that Day be put off to the
Monday following; and the other Causes on Cause-days
removed in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Jovis,
duodecimum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Jovis, 12o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Roffen.
Epus. Sarum.
Epus. Glocestriens.
Epus. Norwic.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Devon.
Dux Montagu.
Dux Newcastle.
March. Lothian.
Comes Suffolk.
Comes North'ton.
Comes Warwick.
Comes Winchilsea.
Comes Anglesey.
Comes Warrington.
Comes Jersey.
Comes Cholmondeley.
Comes Findlater.
Comes Dunmore.
Comes Hyndford.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Fitzwalter.
Viscount Townshend.
Viscount Lonsdale. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. North & Guil.
Ds. Clifton.
Ds. Cornwallis.
Ds. Boyle.
Ds. Hay.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Raymond. |
PRAYERS.
E. Inchiquin's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for Sale of Part of the Estate of William Earl of Inchiquin, in the Kingdom of Ireland, for Payment of
Debts and Encumbrances charged thereupon; and for
settling such Part thereof as shall remain unsold, according to his Marriage Agreement."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ld. President.
D. Devon.
D. Montagu.
D. Newcastle.
M. Lothian.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Berks.
E. Winchilsea.
E. Anglesey.
E. Warrington.
E. Findlater.
E. Ilay.
E. Oxford.
E. Strafford.
E. Fitzwalter.
Vis. Townshend. |
L. Abp. Cant.
L. B. Rochester.
L. Bp. Sarum.
L. B. Glocester.
L. B. Norwich.
L. B. Landaff. |
L. Abergavenny.
L. Delawarr.
L. North.
L. Clifton.
L. Cornwallis.
L. Boyle.
L. Hay.
L. Bathurst.
L. Romney.
L. Ducie.
L. Raymond. |
Their Lordships, or any Five of them; to meet on
Friday the 27th Instant, at the usual Time and
Place; and to adjourn as they please.
Then it was moved, "That the Standing Order, requiring Fourteen Days Notice to be given of the Meeting
of Committees on Private Bills, may be so far dispensed
with, as that the Committee abovenamed may meet
on a sooner Day, in regard this Session of Parliament
is far advanced."
Ordered, That the said Motion be taken into
Consideration To-morrow; and the Lords to be summoned.
Deeds, &c. of Papists. Time for Enrolment of enlarged, Bill:
The Earl of Warwick reported from the Committee
of the whole House to whom the Bill, intituled, "An
Act for allowing further Time for Enrolment of Deeds
and Wills made by Papists; and for Relief of Protestant Purchasers, Devisees, and Lessees," was committed, the Amendments made by the Committee to the
said Bill.
Which were read Twice by the Clerk, and agreed to
by the House.
Ordered, That the Bill, with the Amendments, be
engrossed.
Insolvent Debtors Act, for explaining, Bill to be printed.
Ordered, That the Bill, intituled, "An Act for
explaining and amending an Act passed in the Tenth
Year of His present Majesty's Reign, intituled, "An
Act for Relief of Insolvent Debtors;" and so much of
an Act passed in the last Session of Parliament, as extends the Benefit of the said Act for Relief of Insolvent Debtors to Creditors, whose Debtors were committed to Prison since the First Day of January One
Thousand Seven Hundred and Thirty-six, and had
chose to continue there," be printed.
Commyns' Bill, for Sale of Sir J. Lear's Estate.
Hodie 2a vice lecta est Billa, intituled, "An Act
for Sale of Part of the Estate late of Sir John Lear
Baronet, deceased, in the County of Devon, for Payment of his Debts; and for other Purposes therein
mentioned."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on
the First Day after the Recess at Easter; and to
adjourn as they please.
Governors Charter-house, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for the Exchange of certain Lands, in the several
Parishes of Wroughton and Liddyard Treagooze, in the
County of Wilts, between the Governors of the Hospital commonly called The Charter-house, and Thomas
Bennet, of Salthrop, in the said County of Wilts, Esquire."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on
the Second Day after the Recess at Easter; and
to adjourn as they please.
D. Norfolk's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to enable Edward Duke of Norfolk to grant Building
Leases, for Ninety-nine Years, of all or any Part of his
Lands, in or near the Township of Sheffield, in the
County of York."
Ordered, That the said Bill be committed to the
same Committee:
Their Lordships, or any Five of them; to meet on
the same Day as on the last mentioned Bill;
and to adjourn as they please.
Pailton Common, Enclosure, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for enclosing Part of certain Common Fields,
the Township of Pailton, in the County of Warwick."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Assirmative.
Message to H. C. with
A Message was sent to the House of Commons, by
Mr. Spicer and Mr. Mountague:
To carry down the said Bill, and desire their Concurrence thereunto.
Woolwich Church, Bill.
The Lord Bishop of Rochester reported from the
Lords Committees to whom the Bill, intituled, "An
Act for applying a Sum of Money given by the
Will of Daniel Wiseman Esquire, deceased, for finishing the new Church at Woolwich, in the County of
Kent; and for raising an Annuity, by an Assessment
on the Parish of Woolwich, during the Lives of Mary
Wiseman and Elizabeth Crouch, and the Life of the
Survivor of them, pursuant to the said Will,"
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 directed
him to report the same to the House, without any
Amendment."
Fyfield Road, Bill.
The Lord Bathurst made the like Report from the
Committee to whom the Bill, intituled, "An Act for
enlarging the Term and Powers granted by an Act
passed in the 6th Year of the Reign of His present
Majesty, for repairing the Road from Fyfield, in the
County of Berks, to Saint John's Bridge, in the County
of Glocester; and for repairing the Roads from an Inn
called The Hind's Head, in the Parish of Kingston Bagpuze, in the said County of Berks, to that Part of
New Bridge which lies in the said County of Berks,"
was committed.
Lavallin & al. against Gould.
After hearing Counsel, as well Yesterday as this
Day, upon the Petition and Appeal of James Lavallin
Senior, Frances his Wife, James Lavallin Junior and
Philip Lavallin, Infants, by the said James Lavallin Senior, their Father and Guardian; complaining of a Decree of the Court of Chancery in Ireland, of the 9th
Day of July 1735, made in a Cause wherein Elinor Bagott was Plaintiff, and the Appellants Defendants, which
Suit was revived by Christian Gould her Executrix; and
also complaining of several subsequent Orders of the
said Court, on re-hearing the said Cause, the 2d Day of
July, the 3d of December, and 4th of February, 1737,
and 5th of May 1738; and praying, "That the same
may be reversed; and that the Appellants may have
such further and other Relief as to the Wisdom of
this House shall seem meet:" As also upon the Answer of the said Christian Gould put in to the said Appeal; and due Consideration had of what was offered on
all Sides in this Cause:
Judgement 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 said Decree and Orders therein
complained of be, and the same are hereby, affirmed:
And it is hereby further Ordered, That the said Appellants do pay, or cause to be paid, to the said Respondent, the Sum of One Hundred and Fifty Pounds, for her
Costs in respect of the said Appeal.
Sir James Dashwood, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of Sir
James Dashwood, of Northbrook, in the County of
Oxford, Baronet; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act
to establish a Jointure on Dame Elizabeth Dashwood,
Wife of Sir James Dashwood Baronet; and for other
Purposes therein mentioned."
Coinage Duties, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act
to continue the Duties for Encouragement of the
Coinage of Money."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
decimum tertium diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Veneris, 13o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Sarum.
Epus. Meneven.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux Devon.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
E. Pembroke.
E. Warwick.
Comes Berks.
Comes Anglesey.
Comes Shaftesbury.
Comes Litchfield.
Comes Warrington.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Effingham.
Viscount Lymington. |
Ds. Abergavenny.
Ds. North.
Ds. Clifton.
Ds. Cornwallis.
Ds. Carteret.
Ds. Cathcart.
Ds. Boyle.
Ds. Hay.
Ds. Romney.
Ds. Ducie. |
PRAYERS.
Sir J. Dashwood's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
establish a Jointure on Dame Elizabeth Dashwood,
Wife of Sir James Dashwood Baronet; and for other
Purposes therein mentioned."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ld. President.
L. Steward.
D. Beaufort.
D. Portland.
D. Manchester.
E. Pembroke.
E. Warwick.
E. Berks.
E. Anglesey.
E. Shaftesbury.
E. Litchfield.
E. Warrington.
E. Cholmondeley.
E. Findlater.
E. Ilay.
E. Strafford.
E. Cowper.
E. Harborough.
Viscount Lymington. |
Ld. Bp. Sarum.
L. Bp. St. Davids.
L. Bp. Norwich.
L. Bp. Bristol.
L. Bp. Landaff. |
Ld. Abergavenny.
L. North.
L. Clifton.
L. Cornwallis.
L. Carteret.
L. Cathcart.
L. Boyle.
L. Hay.
L. Romney.
L. Ducie. |
Their Lordships, or any Five of them; to meet on
the First Day after the Recess at Easter, at the
usual Time and Place; and to adjourn as they
please.
Continuing Duties, Bill.
A Message was brought from the House of Commons,
by Mr. Bevan and others:
With a Bill, intituled, "An Act for continuing the
Act made in the Eighth Year of the Reign of Her
late Majesty Queen Anne, to regulate the Price and
Assize of Bread; and for continuing, explaining, and
amending, the Act made in the Second Year of the
Reign of His present Majesty, for the better Regulation of Attornies and Solicitors;" to which they desire the Concurrence of this House.
Grantham Road, Bill.
A Message was brought from the House of Commons,
by the Lord Tyrconnel and others:
With a Bill, intituled, "An Act for repairing the
Road between Stamford and Grantham, in the County
of Lincoln;" to which they desire the Concurrence of
this House.
The said Bills were read the First Time.
Woolwich Church, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
applying a Sum of Money, given by the Will of Daniel Wiseman Esquire, deceased, for finishing the new
Church at Woolwich, in the County of Kent; and for
raising an Annuity, by an Assessment on the Parish of
Woolwich, during the Lives of Mary Wiseman and Elizabeth Crouch, and the Life of the Survivor of them,
pursuant to the said Will."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Fyfield Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
enlarging the Term and Powers granted by an Act
passed in the 6th Year of the Reign of His present
Majesty, for repairing the Road from Fyfield, in the
County of Berks, to Saint John's Bridge, in the
County of Glocester; and for repairing the Roads
from an Inn called The Hind's Head, in the Parish of
Kingston Bagpuze, in the said County of Berks, to that
Part of New Bridge which lies in the said County of
Berks."
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 ordered to be sent to
the House of Commons, by Mr. Spicer and Mr. Mountague:
To acquaint them, that the Lords have agreed to
both the said Bills, without any Amendment.
Committee shortened, on E. Inchiquin's Bill.
The Order of the Day being read, for taking into
Consideration the Motion made Yesterday, for dispensing
with the Standing Order relating to the Commitment of
Private Bills, so far as that the Committee to whom
the Bill, intituled, "An Act for Sale of Part of the
Estate of William Earl of Inchiquin in the Kingdom
of Ireland, for Payment of the Debts and Encumbrances charged thereupon; and for settling such Part
thereof as shall remain unsold, according to His Marriage Agreement," was committed, may meet on a
sooner Day than was at first appointed:
It is Ordered, That the said Committee may meet,
to consider of the said Bill, on Monday next.
Deeds, &c. of Papists, Time for Earolment of enlarged, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
allowing further Time for Enrolment of Deeds and
Wills made by Papists; and for Relief of Protestant
Purchasers, Devisees, and Lessees."
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.
Coinage Duties, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
continue the Duties for Encouragement of the
Coinage of Money."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Monday next.
Edgworth against Edgworth.
After hearing Counsel, in Part, upon the Petition
and Appeal of Robert Edgworth Gentleman, a Minor,
by his Guardian Robert Roberts Esquire, to which Edward Edgworth Esquire and Packington Edgworth are
Respondents:
It is Ordered, That the further Hearing of this
Cause be adjourned till To-morrow; and the Counsel
to be called in, at Twelve a Clock.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati,
decimum quartum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Sabbati, 14o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Norwic.
Epus. Bristol.
Epus. Landaven. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux Devon.
Comes Warrington.
Comes Cholmondeley.
Comes Findlater.
Comes Aylesford.
Comes Fitzwalter. |
Ds. Cornwallis.
Ds. Boyle.
Ds. Hay. |
PRAYERS.
Odiham Common Enclosure, Bill.
The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for
enclosing Part of a Common, or Waste Grounds, called
Hill-Side, otherwise Lambden Common, in the Manor and Parish of Odiham, in the County of Southampton," 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 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 Bill, with the Amendments, be
engrossed.
Grantham Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for repairing the Road between Stamford and Grantham, in the County of Lincoln."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ld. President.
L. Steward.
D. Beaufort.
D. Devon.
E. Warrington.
E. Cholmondeley.
E. Findlater.
E. Aylesford.
E. Fitzwalter. |
L. Bp. Norwich.
L. Bp. Bristol.
L. Bp. Landaff. |
L. Cornwallis.
L. Boyle.
L. Hay. |
Their Lordships, or any Five of them; to meet
on Tuesday next, at the usual Time and Place;
and to adjourn as they please.
Continuing Acts, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for continuing an Act made in the Eighth Year of
the Reign of Her late Majesty Queen Anne, to regulate the Price and Assize of Bread; and for continuing, explaining, and amending, the Act made in
the Second Year of the Reign of His present Majesty, for the better Regulation of Attornies and Solicitors."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Tuesday next.
Edgworth against Edgworth.
After hearing Counsel further, upon the Petition and
Appeal of Robert Edgworth Gentleman, a Minor, by
his Guardian Robert Roberts Esquire, to which Edward
Edgworth Esquire and Packington Edgworth are Respondents:
It is Ordered, That the further Hearing of the said
Cause be adjourned till Monday next; and the Cause
for that Day put off to Tuesday.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, decimum sextum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Lunæ, 16o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffen.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Bangor.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Devon.
Dux Marlborough.
Dux Athol, & Ds. Strange.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Comes Suffolk.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Aylesford.
Comes Harborough.
Comes Graham.
Comes Effingham.
Comes Malton.
Viscount Torrington. |
Ds. Clifton.
Ds. Poulet.
Ds. Cornwallis.
Ds. Hervey.
Ds. Boyle.
Ds. Hay.
Ds. Masham.
Ds. Bathurst.
Ds. Ducie.
Ds. Hobart. |
PRAYERS.
Messages from H. C. to return Sir J. Mackenzie's Bill;
A Message was brought from the House of Commons,
by Colonel St. Clair and others:
To return the Bill, intituled, "An Act to enable
Sir James Mc Kenzie of Royston to fell Lands and
Hereditaments, in the Sheriffdom of Edinburgh, for
Payment of Debts and Encumbrances charged upon
and affecting the same;" and to acquaint this House,
that they have agreed to the same, without any Amendment.
and Tracy's Nat. Bill.
A Message was brought from the House of Commons,
by Mr. Laroche and others:
To return the Bill, intituled, "An Act for naturalizing James Tracy;" and to acquaint this House,
that they have agreed to their Lordships Amendments
made thereto.
D. Portland's Bill.
The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled, "An Act to enable
the most Noble William Duke of Portland to grant
Building Leases of certain Messuages, Pieces, and
Parcels of Ground, in Soho-Fields, in the County of
Middlesex, for a farther Term than he is empowered
to grant by his Marriage Settlement," 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 had gone
through the Bill, and directed him to report the same
to the House, without any Amendment."
Ordered, That the Bill be engrossed.
E. Inchiquin's Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale
of Part of the Estate of William Earl of Inchiquin in
the Kingdom of Ireland, for Payment of the Debts
and Encumbrances charged thereupon; and for settling such Part thereof as shall remain unsold, according to his Marriage Agreement," 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 had gone
through the Bill, and made some Amendments
thereunto."
Which, being read by the Clerk, were agreed to by
the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Odiham Common Enclosure, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
enclosing Part of a Common, or Waste Grounds, called
Hill-Side, otherwise Lambden-Common, in the Manor
and Parish of Odiham, and County of Southampton."
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. Sawyer and Mr. Mountague:
To carry down the said Bill, and desire their Concurrence thereunto.
Coinage 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 Acts for Encouragement of the Coinage of Money."
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."
Edgworth against Edgworth:
After hearing Counsel, as well on Friday and Saturday last as this Day, upon the Petition and Appeal of
Robert Edgworth Gentleman, a Minor, by his Guardian
Robert Roberts Esquire; complaining of several Orders
of the Court of Exchequer in Ireland, of the 13th of
December, and 27th and 28th of February, 1737, made
in a Cause wherein Packington Edgworth Gentleman was
Plaintiff, and Edward Edgworth Esquire and the Appellant and others were Defendants; and praying,
That the said Orders may be reversed, and Packington Edgworth's Bill dismissed with Costs; and that
the House will be pleased to make such Order, for
the Preservation of the Appellant's Remainders in
the Appeal mentioned, as to their Lordships, in their
great Wisdom, shall seem just:" As also upon the
Answers of the said Edward Edgworth Esquire and
the said Packington Edgworth put in to the said Appeal;
and due Consideration had of what was offered on all
Sides 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 Orders therein complained of be, and the same are hereby, affirmed:
And it is further Ordered, That the said Appellant
do pay, or cause to be paid, to the said Respondent
Packington Edgworth, the Sum of One Hundred and
Fifty Pounds, for his Costs in respect of the said Appeal: And it is hereby Declared, That, notwithstanding the Affirmance of the said Orders, if any of the
Parties shall apply to the said Court of Exchequer, that
the Issues directed as to the Articles of 1692, and the
Settlement of 1703, and the Endorsement thereon, and
the Issues directed as to the Deeds of 30th of June and
1st of July 1730, may respectively be tried in different
Records, the said Court may give such Directions therein as to the said Court shall seem just.
Ly. Warren & al. Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of the Lady
Elizabeth Warren Widow, and others; praying Leave
to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act to
enable the Executors named in the Will of Edward
Warren, late of Pointon, in the County of Chester,
Esquire, deceased, to sell Part, and lease other Parts,
of his settled Estate, to raise Money, for discharging
the Encumbrances thereon; and for other Purposes
therein mentioned."
Ducarel's Nat. Bill:
Upon reading the Petition of Adrian Coltee Ducarel
praying Leave to bring in a Bill, for his Naturalization:
It is Ordered, That Leave be given to bring in a
Bill, as desired.
Accordingly the Earl of Harborough presented to the
House a Bill, intituled, "An Act for naturalizing Adrian
Coltée Ducarel."
And the same was read the First Time.
Gold, &c. Wares, Bill.
Whereas To-morrow is appointed, for the House to
be in a Committee on the Bill for the better preventing
Frauds and Abuses in Gold and Silver Wares:
It is Ordered, That the House be put into a Committee thereupon on Wednesday next; and that Counsel
may be then heard, as well for as against the same,
before the said Committee, according to the former
Order.
Sir W. Billers & al. against D Norfolk & al.
Ordered, That the Cause wherein Sir William Billers and others, Trustees for the York Buildings Company, are Appellants, and the Duke of Norfolk and
others Respondents, which stands to be heard on Wednesday next, be put off to the First Day for Causes after
the approaching Recess; and that the other Causes on
Cause-days do afterwards come on in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum septimum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Martis, 17o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestriens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol.
Epus. Landaven. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Devon.
Dux Montagu.
Dux Buccleuch.
Dux Athol, & Ds. Strange.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
March. Lothian.
Comes Huntingdon.
Comes Warwick.
Comes Winchilsea.
Comes Anglesey.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Oxford.
Comes Aylesford.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Comes Malton. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clifton.
Ds. Poulet.
Ds. Carteret.
Ds. Haversham.
Ds. Cathcaret.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Hobart.
Ds. Talbot. |
PRAYERS.
D. Portland's Bill:
Hodie 3a vice lecta eft Billa, intituled, "An Act to
enable the most Noble William Duke of Portland to
grant Building Leases of certain Messuages, Pieces,
and Parcels of Grounds, in Soho-Fields, in the County of Middlesex, for a farther Term than he is empowered to grant by his Marriage Settlement."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
E. Inchiquin's Bill:
Hodie 3a vice lecta eft Billa, intituled, "An Act for
Sale of Part of the Estate of William Earl of Inchiquin in the Kingdom of Ireland, for Payment of the
Debts and Encumbrances charged thereupon; and
for settling such Part thereof as shall remain unsold,
according to his Marriage Agreement."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with the Two preceding Bills.
A Message was sent to the House of Commons, by
Mr. Sawyer and Mr. Spicer:
To carry down the said Bills, and desire their Concurrence to them.
Ly. Warren's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
enable the acting Executors and Testamentary Guardians named in the Will of Edward Warren, late of
Pointon, in the County of Chester, Esquire, deceased,
by selling Part, and leasing other Parts, of his settled Estate, to raise Money, for discharging the Encumbrances thereon, and to provide a sufficient Maintenance for his Son during his Minority, in Ease of
an Estate directed to be sold by the Will of John
Warren Esquire, deceased."
Ordered, That the said Bill be committed to
the Consideration of the Lords following; (videlicet,)
|
Ld. President.
L. Steward.
D. Beaufort.
D. Devon.
D. Montagu.
D. Newcastle.
D. Portland.
D. Greenwich.
D. Manchester.
M. Lothian.
E. Huntingdon.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Scarbrough.
E. Coventry.
E. Cholmondeley.
E. Findlater.
E. Ilay.
E. Oxford.
E. Harborough.
E. Effingham. |
Ld. Abp. Cant.
L. Bp. Rochester.
L. Bp. Sarum.
L. Bp. St. Davids.
L. Bp. Oxon.
L. Bp. St. Asaph.
L. Bp. Landaff. |
Ld. Harrington, Sec.
L. Delawarr.
L. Clifton.
L. Poulet.
L. Haversham.
L. Boyle.
L. Foley.
L. Bathurst.
L. Romney.
L. Cadogan.
L. Talbot. |
Their Lordships, or any Five of them; to meet
on the Second Day after the Recess at Easter,
at the usual Time and Place; and to adjourn
as they please.
Message from H. C. to return the Bill for indemnifying Persons who have omitted to qualify.
A Message was brought from the House of Commons,
by Mr. Francis Fane and others:
To return 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 to acquaint this House, that they have
agreed to their Lordships Amendment made thereto.
Continuing Acts, Bill.
The Order being read, for the House to be in a
Committee upon the Bill, intituled, "An Act for
continuing the Act made in the Eighth Year of the
Reign of Her late Majesty Queen Anne, to regulate
the Price and Assize of Bread; and for continuing,
explaining, and amending, the Act made in the Second Year of the Reign of His present Majesty, for
the better Regulation of Attornies and Solicitors:"
It is Ordered, That the House be put into a Committee thereupon, on the First Tuesday after the Recess.
Langdale's Bill.
The Duke of Portland reported from the Lords
Committees to whom the Bill, intituled, "An Act for
Sale of Part of the Estate of Jordan Langdale Esquire,
in the County of York, for Payment of Debts and
Encumbrances affecting the same," 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 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 Bill, with the Amendments,
be engrossed.
Grantham Road, Bill.
His Grace also reported from the Lords Committees
to whom the Bill, intituled, "An Act for repairing
the Road between Stamford and Grantham, in the County of Lincoln," 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 directed
him to report the same to the House, without any
Amendment."
Lincolnshire Road, Bill.
The Duke of Ancaster made the like Report from
the Committee to whom the Bill, intituled, "An Act
for repairing the Roads from the North West Parts of
the County of Lincoln through Nettlam Fields, Wragby Lane, and Baumber Fields, to The Wolds, or North
East Part of the said County," was committed.
Adrian Coltée Ducarel took the Oaths appointed, in
order to his Naturalization.
Ducarel's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
naturalizing Adrian Coltée Ducarel."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet
To-morrow, at the usual Time and Place; and
to adjourn as they please.
E. Fingal & al. against Naper:
The House being informed, "That Mr. Clancy attended, in order to deliver in several Papers, Pleadings, and Proceedings, in the Cause wherein Robert
Plunket Esquire, commonly called Earl of Fingall,
and others, are Appellants, and James Lenox Naper
and William Naper Respondent:"
Pleadings proved:
He was called in; and delivered, at the Bar, the said
Papers and Proceedings; and attested upon Oath,
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.
Concerning arresting Viscount Primrose:
The Order being read, for taking into Consideration the Proceedings had, in order to the carrying
into Execution the Order for attaching John White
and Gonne, for causing the Lord Viscount Primrose
to be arrested:
The Serjeant at Arms was called in, and asked, "If
he was able to give any further Account of the Execution of the said Order?" And he thereupon acquainted the House, "That he had received Advice,
Mr. Gonne had surrendered himself to his Deputy;
but is, and has been some Time past, so afflicted
with the Gout, as not to be able to travel; as appeared by his own Affidavit, and another of the Lord
Mayor of Dublin, and a Certificate of one John
Nichols a Surgeon."
And the said Serjeant further informed the House,
That he had sent Directions to his said Deputy, to
procure an Affidavit of the Rescue of the said John
White, and of the Persons assisting therein."
And then, delivering in the said Affidavits and Certificate, he was directed to withdraw.
And the same were read.
Gonne to be brought to the Bar.
Ordered, That the said Serjeant at Arms do bring
Mr. Gonne, now in his Custody, to the Bar of this House;
and that the further Consideration of the Proceedings
had, in order to the carrying into Execution the said
Order of Attachment of the said John White, be adjourned to the First Tuesday after the approaching Recess.
E. Westmeath against Madden & al.
After hearing Counsel, in Part, upon the Petition
and Appeal of Thomas Earl of Westmeath in the Kingdom of Ireland, to which Doctor John Madden, Vicar of
the Parishes of Kilmore and Ballintemple, and others, are
Respondents:
Gold, &c. Wares, Bill.
It is Ordered, That the further Hearing of the
said Cause be adjourned till To-morrow; and that the
going into a Committee of the whole House, on the Bill
for the better preventing Frauds and Abuses in Gold
and Silver Wares, be put off till the First Thursday after the Recess.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii,
decimum octavum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Mercurii, 18o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Dunelm.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestriens.
Epus. Oxon.
Epus. Asaphen.
Epus. Bangor.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Beaufort.
Dux Devon.
Dux Montagu.
Dux Buccleuch.
Dux Athol, & Ds. Strange.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Huntingdon.
Comes Suffolk.
Comes Warwick.
Comes Winchilsea.
Comes Jersey.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Oxford.
Comes Fitzwalter.
Comes Effingham.
Viscount Harcourt.
Viscount Torrington. |
Ds. Delawarr.
Ds. Clifton.
Ds. Poulet.
Ds. Maynard.
Ds. Carteret.
Ds. Hervey.
Ds. Boyle.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Hobart. |
PRAYERS.
Edgworth against Edgworth.
The Order and Judgement of this House, made on
Monday last, in the Cause wherein Robert Edgworth
Gentleman is Appellant, and Edward Edgworth and
Packington Edgworth are Respondents, being read, was
approved of.
Writings to be transmitted back to the Exchequer in Ireland.
Ordered, That the Articles bearing Date the 5th
of July 1692, the Settlement by Deeds of Lease and
Release bearing Date respectively the 24th and 25th of
December 1703, and also the Settlement bearing Date
the 17th of June 1703, and also the Settlement bearing
Date the 7th of November 1701, and also the attested (fn. 1) Copy of the Letter signed Mar. Tattle,
which were transmitted by Order of the Court of Exchequer in Ireland, sealed up by the Chief Remembrancer of that Court, or his Deputy, and brought
over by Mr. Richard Brereton, and, by Order of this
House, lodged with the Clerk; be by him sealed up,
and delivered to the said Brereton, to be transmitted
back, and delivered by him to the said Chief Remembrancer, or his Deputy; and that the said Brereton do
deliver the said Writings accordingly.
Ducarel's Nat. Bill.
The Earl of Harborough reported from the Lords
Committees to whom the Bill, intituled, "An Act for
naturalizing Adrian Coltée Ducarel," 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 directed him to report the same to the House,
without any Amendment."
D. Newcastle's Bill.
The Duke of Portland reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming an Exchange agreed to be made between
Thomas Holles Duke of Newcastle and Sir Miles Stapylton Baronet, of their settled Estates in the County
of York; and for settling the Lands given in Exchange to each Party to such Uses as the Lands for
which the same were exchanged stood settled," 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 had
gone through the Bill, and made some Amendments
thereunto."
Which, being read Twice by the Clerk, were agreed
to by the House.
Moyne Common, Enclosure, Bill.
The Lord Bathurst made the like Report from the
Committee to whom the Bill, intituled, "An Act for
dividing and enclosing the Common Fields lying in
the Manor of Shipton Moyne, within the Parish of
Shipton Moyne and Dovel, in the County of Glocester,
commonly called The North and South Common Fields,"
was committed.
Ordered, That the said Three last mentioned Bills
be engrossed.
Coinage Duties, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
continue the Duties for Encouragement of the Coinage
of Money."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Lincolnshire Roads, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
repairing the Roads from the North West Parts of
the County of Lincoln through Nettlam Fields, Wragby Lane, and Baumber Fields, to The Wolds, or North
East Part of the said County."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Grantham Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
repairing the Road between Stamford and Grantham,
in the County of Lincoln."
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 Three preceding Bills.
And Messages were severally ordered to be sent to
the House of Commons, by Mr. Sawyer and Mr. Mountague:
To acquaint them, that the Lords have agreed to the
Three last mentioned Bills, without any Amendment.
Langdale's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
Sale of Part of the Estate of Jordan Langdale Esquire,
in the County of York, for Payment of Debts and
Encumbrances affecting the same."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
the former Messengers:
To carry down the said Bill, and desire their Concurrence thereunto.
E. Westmeath against Madden & al.:
After hearing Counsel, as well Yesterday as this Day,
upon the Petition and Appeal of Thomas Earl of
Westmeath in the Kingdom of Ireland; complaining of
an Order of the Court of Exchequer in the said Kingdom, of the 22d Day of June 1737, directing the Trial of
certain Issues at Law, in the County of Cavan, made in
a Cause wherein the Appellant was Plaintiff, and the
Reverend Doctor John Madden, Vicar of the Parishes of
Kilmore and Ballintemple, and some of the Inhabitants
of the said Parishes, were Defendants; and praying,
"That the same may be reversed:" As also upon the
Answer of the said Doctor Madden and the Inhabitants
of the said Parishes made Respondents put in thereunto; 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 complained of in the said Appeal be, and
the same is hereby, affirmed, with the following Variations and Additions; (videlicet,) That, instead of the
said Issues as now framed, the same be in Manner following; (that is to say,) "Whether the Appellant is
entitled to Four Pence, out of the Nine Pence Composition, for every Milch Cow within the said Parishes, or to any other and what Part or Proportion
thereof?" And also, "Whether the Appellant is
entitled to Two Pence, out of the Four Pence Halfpenny Composition, for ever Strapper within the said
Parishes; or to any or what Part or Proportion thereof?" And it is hereby further Ordered, That in
case the Jury who shall try the said Issues shall find any
other Parts or Proportions of the said Compositions than
such as shall be particularly described therein, then the
Judge, before whom the said Issues shall be tried, do
cause the same to be endorsed, or marked, on the Postea
or Certificate of the Verdict.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis,
decimum nonum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Jovis, 19o Aprilis.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Menevens.
Epus. Glocestriens.
Epus. Norwic.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Devon.
Dux Marlborough.
Dux Buccleuch.
Dux Athol, & Ds. Strange.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Westmorland.
Comes Winchilsea.
Comes Anglesey.
Comes Shaftesbury.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Harborough.
Comes Malton.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clifton.
Ds. Poulet.
Ds. Carteret.
Ds. Cathcart.
Ds. Boyle.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Hobart.
Ds. Raymond. |
PRAYERS.
Messages from H. C. to return Worth's Bill:
A Message was brought from the House of Commons,
by Mr. Cary and others:
To return the Bill, intituled, "An Act for selling
and disposing of Part of the Estate of John Worth
Esquire, a Lunatic, for discharging the Debts, Portions, and Encumbrances, charged upon and affecting
the same;" and to acquaint this House, that they have
agreed to the same, without any Amendment.
Brooksbank's Bill;
A Message was brought from the House of Commons,
by Mr. Laroche and others:
To return the Bill, intituled, "An Act for vesting
the settled Estate of Stamp Brooksbank Esquire, in the
Counties of Suffolk and Cambridge, in him and his
Heirs; and for settling the Manor of Helaugh, and
divers Lands and Hereditaments in Helaugh, in the
County of the City of York, of greater Value, in
Lieu thereof;" and to acquaint this House, that
they have agreed to the same, without any Amendment.
and Hunman by Moor Bill.
A Message was brought from the House of Commons,
by Mr. Thompson of York and others:
To return the Bill, intituled, "An Act for confirming certain Articles of Agreement, between the Lord
of the Manor of Hunmanby, and the Vicar and Freeholders of Hunmanby, in the County of York, for
enclosing Part of the Moor in Hunmanby aforesaid;"
and to acquaint this House, that they have agreed to
the same, without any Amendment.
D. Newcastle's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
confirming an Exchange agreed to be made between
Thomas Holles Duke of Newcastle and Sir Miles Stapylton Baronet, of their settled Estates in the County
of York; and for settling the Lands, given in Exchange to each Party, to such Uses as the Lands for
which the same are exchanged stood settled."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Duearel's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
naturalizing Adrian Coltée Ducarel."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with the Two preceding Bills.
A Message was sent to the House of Commons, by
Mr. Sawyer and Mr. Mountague:
To carry down the Two last mentioned Bills, and
desire their Concurrence to them.
Sir W. Barker against Ivers.
Upon reading the Petition and Appeal of Sir William Barker Baronet; complaining of Two Orders of
the Court of Chancery in Ireland, of the 27th of February and 15th of March last, made in a Cause wherein Thomas Ivers Esquire was Plaintiff, and the Appellant
Defendant; and praying, "That the same may be reversed and set aside; and to order that the said Thomas Ivers do stay his Proceedings on his Bill, until
he executes proper Conveyances of the Limerick
Estate, in the Appeal mentioned, unto the Appellant,
and also pay him the Costs decreed against the said
Ivers; or that this House will be pleased to make
such other Order, for the Appellant's Relief, as to
their Lordships shall seem meet:"
It is Ordered, That the said Thomas Ivers may have
a Copy of the said Appeal; and he is hereby required
to put in his Answer thereunto, in Writing, on or before Thursday the 24th Day of May next; and that Service of this Order on his Six Clerk in the said Court be
deemed good Service.
P. Edgworth's Petition, as to the Payment of Costs on Appeals from Ireland.
Upon reading the Petition of Packington Edgworth,
Respondent to the Appeal of Robert Edgworth, a Minor,
by his Guardian; setting forth, "That, on the 20th of
February 1735, upon hearing an Appeal of the said
Robert's Father, Edward Edgworth, this House affirmed an Order of the Court of Chancery, therein
complained of, for the Trial of certain Issues at
Law, with £. 300. Costs, to be paid to the Petitioner and others; and the said Edward Edgworth
insisting that the said £. 300. was not to be paid according to the Value of that Sum in England, but
according to the Value in Ireland; and the Court
below not being fully satisfied therein; it was referred
to a Master, and the Question is not yet determined;
and that, on the 16th Instant, after Three Days
Hearing of the said Appeal of the said Robert Edgworth, this House was pleased to affirm the Orders
complained of, with £. 150. Costs to be paid to the
Petitioner; who conceiving it was the Intention of
this House that Sum should be paid according to the
Value in England, where the Costs have been expended;" and praying, "In regard he is apprehensive Disputes may arise in Ireland touching the said
Costs, that this House will make such Order, or Declaration, for the Petitioner's Relief, as to their Lordships in their great Wisdom shall seem meet:"
It is Declared, by the Lords Spiritual and Temporal
in Parliament assembled, That, in all Cases wherein
this House gives Judgement for Payment of any Sum of
Money for Costs, it is to be understood of lawful Money of Great Britain; and that the Clerk do draw up
the same accordingly.
The House was adjourned during Pleasure, to
robe.
The House was resumed.
The King present:
His Majesty being seated on the Throne, with the
accustomed Ceremonies; the Lords in their Robes; and
the Commons (who were sent for) being at the Bar,
with their Speaker; he, after a short Introduction in
relation to the Money Bills to be passed, delivered the
same to the Clerk, who brought them to the Table;
where the Titles of those and the other Bills ready for
the Royal Assent were read, by the Clerk of the Crown,
as follow; (videlicet,)
Bills passed.
"1. An Act for granting an Aid to His Majesty, by
a Land Tax, to be raised in Great Britain, for the
Service of the Year One Thousand Seven Hundred
and Thirty-nine."
"2. An Act to continue the Duties for Encouragement of the Coinage of Money."
To these Bills the Royal Assent was pronounced,
severally, in these Words; (videlicet,)
"Le Roy remercie ses bons Sujets, accepte leur
Benevolence, & ainsi le veult."
"3. 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."
"4. An Act to enable the Inhabitants of the
Parish of Saint Nicholas, in the City of Worcester,
to raise Money, for discharging the Debts they
have contracted in re-building their Parish Church."
"5. An Act to enable the Parishioners of the Parish
of Ealing, in the County of Middlesex, to raise Money, by Rates upon themselves, for finishing the
Church of the said Parish."
"6. An Act for applying a Sum of Money, given
by the Will of Daniel Wiseman Esquire, deceased,
for finishing the new Church at Woolwich, in the
County of Kent; and for raising an Annuity, by an
Assessment on the Parish of Woolwich, during the
Lives of Mary Wiseman and Elizabeth Crouch, and the
Life of the Survivor of them, pursuant to the said
Will."
"7. An Act for enlarging the Term and Powers
granted by an Act passed in the 6th Year of the
Reign of His present Majesty, for repairing the Road
from Fyfield, in the County of Berks, to Saint John's
Bridge, in the County of Glocester; and for repairing
the Roads from an Inn called The Hind's Head, in
the Parish of Kingston Bagpuze, in the said County
of Berks, to that Part of New Bridge which stands in
the said County of Berks."
"8. An Act for repairing the Road between
Stamford and Grantham, in the County of Lincoln."
"9. An Act for repairing the Roads from the
North West Parts of the County of Lincoln, through
Nettlam Fields, Wraghy Lane, and Baumber Fields,
to The Wolds, or North East Part of the said
County."
To these Bills the Royal Assent was pronounced,
severally, in these Words; (videlicet,)
"Le Roy le veult."
"10. An Act for Sale of Part of the Estate late of
Richard Berney Esquire, deceased, for discharging
Encumbrances thereupon."
"11. An Act for vesting a Messuage and Lands,
in Twickenham, late the Estate of the Honourable
William Townshend Esquire, deceased, in Trustees,
in Trust, to sell the same, pursuant to an Article
entered into by the said William Townshend in his
Life-time; and for applying the Money arising by
such Sale for the Benefit of Charles Townshend, his
only Son and Heir, an Infant."
"12. An Act for vesting in Archibald Hamilton
Esquire, commonly called Lord Archibald Hamilton,
and his Heirs, the Lands, Tenements, and Hereditaments, in the County of Berks, therein mentioned, in Trust, to convey the same to Sir William Irby Baronet, and his Heirs; and for laying out the Purchase-money in the Purchase of
Lands, Tenements, and Hereditaments, to be settled to the Uses, and upon the Trusts, therein mentioned."
"13. An Act for discharging the Estate of John
Sherwin Esquire, in the County of Hertford, from
the Uses, Trusts, and Covenants, in his Marriage
Settlement; and for settling an Estate, in the County
of Nottingham, and Town and County of the Town
of Nottingham, of greater Value, in Lieu thereof, to
the like Uses."
"14. An Act to enable Sir James McKenzie, of
Royston, to sell Lands and Hereditaments, in the
Sheriffdom of Edinburgh, for Payment of Debts
and Encumbrances charged upon and affecting the
same."
"15. An Act for vesting the settled Estate of
Stamp Brooksbank Esquire, in the Counties of Suffolk and Cambridge, in him and his Heirs; and for
settling the Manor of Helaugh, and divers Lands
and Hereditaments in Helaugh, in the County of
the City of York, of greater Value, in Lieu thereof."
"16. An Act for selling and disposing of Part of
the Estate of John Worth Esquire, a Lunatic, for
discharging the Debts, Portions, and Encumbrances,
charged upon and affecting the same."
"17. An Act for confirming certain Articles of
Agreement, between the Lord of the Manor of Hunmanby and the Vicar and Freeholders of Hunmanby,
in the County of York, for enclosing Part of the
Moor in Hunmanby aforesaid."
"18. An Act to enable John Mould Esquire, and
his Issue Male, to take and use the Surname and
Arms of Moore, pursuant to the Will of John Moore
Esquire, deceased."
"19. An Act to enable John Crouch Esquire, Eldest
Son of Pyke Crouch Esquire, deceased, and the Heirs
Male of his Body, to take and use the Surname of
Pyke, pursuant to the Will of John Pyke Esquire,
deceased."
"20. An Act to enable Charles Gregory Esquire,
now called Charles Gregory Wade, and his Issue Male,
to use the Surname of Wade."
"21. An Act to enable Risley Brewer and his
Heirs to take and use the Surname and Arms of
Risley, pursuant to the Will of Paul Risley Esquire,
deceased."
"22. An Act for naturalizing James Tracy, Christian
Burckhard, Reyhlen Zacharias Nieman, and Susanna
Hubert."
To these Bills the Royal Assent was pronounced,
severally, in these Words; (videlicet,)
"Soit fait comme il est desiré."
Then His Majesty was pleased to retire; and the
Commons withdrew.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
Insolveat Debtors Act, to amend, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for
explaining and amending an Act passed in the Tenth
Year of His present Majesty's Reign, intituled, "An
Act for Relief of Insolvent Debtors;" and so much
of an Act, passed in the last Session of Parliament, as
extends the Benefit of the said Act for Relief of Insolvent Debtors to Creditors whose Debtors were
committed to Prison since the First Day of January
One Thousand Seven Hundred and Thirty-six, and
had chose to continue there."
Ordered, That the said Bill be committed to a
Committee of the whole House, on the First Thursday
after the approaching Recess.
Keridge's Assignees Petition, to be heard, against Part of the Insolvent Debtors Bill; and Counsel allowed on both Sides.
Upon reading the Petition of Robert Martin, Thomas Glandfield, and Richard Chandler, Creditors and
Assignees of the Estate and Effects of Thomas Kerridge
Esquire, under an Act passed in the Tenth Year of the
Reign of His present Majesty, for the Relief of Insolvent Debtors, on Behalf of themselves and other the
Creditors of the said Thomas Kerridge; praying to be
heard, by Counsel, against the Bill last mentioned:
It is Ordered, That the said Petition be referred
to the Committee of the whole House to whom the said
Bill stands committed; and that the Petitioners may be
heard, by their Counsel, before the said Committee; as
may also Counsel be heard for the Bill, at the same
Time.
Address for Account of Sugars, Ram, &c. imported and exported.
Ordered, That an humble Address be presented to
His Majesty, "That He will be graciously pleased to
order the proper Officer to lay before this House, an
Account of the Quantity of Raw Sugars imported
into England from the Sugar Islands, and also the
Quantity of Raw Sugars re-exported to Foreign
Countries, from Christmas 1708, to Christmas 1738;
distinguishing each Year, the Quantity imported from
each Island, and to what Places exported.
"And also, an Account of the Quantity of Refined
Sugar exported from England, from Christmas 1708,
to Christmas 1738; distinguishing each Year, and to
what Places exported.
"And also, an Account of what Quantity of Rum
or Spirits, Melasses, Syrups, Sugar, or Panoles,
have been imported into any of His Majesty's Northern Colonies in America, from any of the British
Sugar Islands, from Christmas 1727, to Christmas 1737;
distinguishing each Year, and each Colony and
Island.
"And also, an Account of what Quantity of Rum
has been imported from any of the British Sugar
Islands into England, from Christmas 1727, to Christmas 1738; distinguishing each Island, and each
Year."
Ordered, That the said Address be presented to
His Majesty by the Lords with White Staves.
Sir J. Dinely, Leave for a Bill to dissolve his Marriage:
Upon reading the Petition of Sir John Dinely, of
Charlton, in the County of Worcester, Baronet; praying Leave to bring in a Bill, for dissolving and making
void the Marriage of the Petitioner with Mary Lawford, he being willing to allow her some reasonable
Maintenance; and "that he may be discharged from
all her Debts and Demands, on her Account, since
her Elopement:"
It is Ordered, That Leave be given to bring
in a Bill, for the Purposes therein mentioned.
Bill read:
Then the Lord Bathurst accordingly presented to
the House a Bill, intituled, "An Act to dissolve the
Marriage of Sir John Dinely Baronet with Mary
Lawford; and to enable him to marry again; and
for other Purposes therein mentioned."
And the same was read the First Time.
Counsel to be heard.
Ordered, That the said Bill be read a Second
Time on the First Tuesday after the Recess; and that
Notice thereof be assixed on the Door of this House;
and the Lords to be summoned:
And that the said Sir John may be heard, by his
Counsel, at the said Second Reading, to make out the
Truth of the Allegations of the Bill:
And that the said Mary may have a Copy of the
said Bill:
And that Notice be given her of the said Second
Reading:
And that she be at Liberty to be heard, by her
Counsel, what she may have to offer against the same,
at the said Second Reading.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, tricesimum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
Hitherto examined by us,
Winchilsea & Nottingham.
Abingdon.
Aylesford.
Macclesfield.
Abergavenny.
Masham.
Romney.