May 1742, 1-10
DIE Lunæ, 3o Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Bath. & Wells.
Epus. Roffen.
Epus. Hereford.
Epus. Meneven.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic. |
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Bolton.
Dux Devon.
Dux Marlborough.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Portland.
Comes Pembroke.
Comes Northampton.
Comes Westmorland.
Comes Thanet.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Jersey.
Comes Cholmondeley.
Comes Home.
Comes Loudoun.
Comes Findlater.
Comes Oxford.
Comes Stanhope.
Comes Harborough.
Comes Graham.
Viscount Hereford.
Viscount Fauconberg.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Poulet.
Ds. Strange.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Gower.
Ds. Somerville.
Ds. Hay.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Walpole.
Ds. Lovel.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgcumbe. |
PRAYERS.
E. Warrington sworn.
George Earl of Warrington took the Oaths, and made
and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Messages from H. C. with a Bill; and to return the D. Grafton's Bill;
A Message was brought from the House of Commons,
by Colonel Pelham and others:
To return the Bill, intituled, "An Act for the Sale
of certain Pieces or Parcels of Ground, Messuages,
and Buildings, at Park Place, in the Parish of Saint
James, in the County of Middlesex, Part of the settled
Estate of Charles Duke of Grafton; and for settling
other Lands to the same Uses, in Lieu thereof;" and to
acquaint this House, that they have agreed to the same,
without any Amendment.
the E. Carlisle's Bill;
A Message was brought from the House of Commons,
by Mr. Ord and others:
To return the Bill, intituled, "An Act to empower
Henry Earl of Carlisle to make Leases of Coal Mines
and Coal Works, lying within his settled Estates, in
the County of Northumberland, for any Term not exceeding Ninety-nine Years;" and to acquaint this
House, that they have agreed to the same, without any
Amendment.
and Horne's Bill.
A Message was brought from the House of Commons,
by Mr. Winford and others:
To return the Bill, intituled, "An Act for Sale of
Two Closes of Meadow Ground, in West Harnham,
in the County of Wilts, being the settled Estate of
John Horne, to Henry Earl of Pembroke and his Heirs;
and for laying out the Money arising by such Sale
in the Purchase of another Estate, to be settled in Lieu
thereof;" and to acquaint this House, that they have
agreed to the same, without any Amendment.
Dashwood and Payne to take the Name of King, Bill.
A Message was brought from the House of Commons,
by Sir Francis Dashwood and others:
With a Bill, intituled, "An Act to enable John
Dashwood and William Payne Esquires, and their respective Issue Male, and other the Devisees of the
Estate of John King Doctor in Divinity, deceased, to
take and use the Surname of King only, according to
the Direction of the Codicil to the Will of the said
Doctor King;" to which they desire the Concurrence
of this House.
The said Bill was read the First Time.
Lords take the Oaths.
William Earl of Harrington Lord President, Charles
Duke of Richmond, Charles Duke of Marlborough, Henry
Earl of Pembroke, and William Earl of Albemarle, took
the Oaths, and made and subscribed the Declaration,
and also took and subscribed the Oath of Abjuration,
pursuant to the Statutes; they having first severally delivered a Certificate of their receiving the Sacrament
Yesterday, to the Truth whereof Witnesses were sworn
and examined.
Walcot's Bill.
The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled, "An Act for
vesting Part of the Marriage Portion of Mary late
Wife of John Walcot Esquire, and also Part of his
settled Estate, in Trustees, for raising Money, to pay
Debts, and for securing an Equivalent for the same,
for the Benefit of his Heir Male," 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 said Bill, with the Amendments, be engrossed.
Sir Job Brooke's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to prevent Sir Job Brooke Baronet, a Lunatick, from
aliening or encumbering his Estate, or marrying, during his Lunacy."
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. Holford and Mr. Bennett:
To carry down the said Bill, and desire their Concurrence thereunto.
Ledbury, &c. Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for enlarging the Term and Powers granted by an
Act, passed in the Seventh Year of the Reign of His
late Majesty King George the First, for repairing the
several Roads leading from the Town of Ledbury, in
the County of Hereford, to the several Places therein
mentioned; and for making the said Act more effectual."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Cirencester Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for enlarging the Term and Powers granted by an
Act, passed in the Thirteenth Year of the Reign of
His late Majesty King George the First, intituled,
An Act for repairing the Roads leading from Cirencester Town's End to Saint John's Bridge, in the
County of Gloucester."
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 the former Messengers:
To acquaint them, that the Lords have agreed to
both the said Bills, without any Amendment.
Anderson against Lauder:
After hearing Counsel, as well on Friday last as this
Day, upon the Petition and Appeal of George Anderson
Merchant in Haddington; complaining of an Interlocutor of the Lord Ordinary, of the 15th of February 1738/9
and also of another Interlocutor, of the 23d of the same
Month; and of a Third Interlocutor, of the 4th of July
1739, whereby the Lord Ordinary adhered to his
former Interlocutors; and likewise of an Interlocutor
of the Lords of Session in Scotland, of the 18th of the
same July, whereby they adhered to the Lord Ordinary's Interlocutors; and further complaining of an
Interlocutor of the same Lords, of the 16th of January
1739/40; and an Interlocutor of the Lord Ordinary, of the
22d of the same Month; and of an Interlocutor of the same
Lords, of the 21st of February following, whereby they adhered to their Interlocutor of the 16th of January 1739/40;
and likewise of an Interlocutor of the said Lords, of
the 27th of the same February, whereby they adhered
to the Interlocutor of the Lord Ordinary, of the 22d
of January 1739/40; and also complaining of Interlocutors
of the 4th, 18th, and 26th, of June 1740; and of Two
Interlocutors of the said Lords of Session, of the 3d of
July and 21st of November following, whereby they
adhered to the Lord Ordinary's Interlocutors; and
further complaining of an Interlocutor of the Lord
Ordinary, of the 3d of February 1740/1; and of another
Interlocutor, of the 18th of June 1741, whereby he
adhered to the last mentioned Interlocutor; and likewise of an Interlocutor of the Lord Ordinary, of the
18th of July following, made on the Behalf of Charles
Lauder Writer in Edinburgh; and praying, "That the
said several Interlocutors might be reversed, varied,
or amended; and that this House would give the
Appellant such Relief as in their Lordships Wisdom
should seem meet:" As also upon the Answer of the
said Charles Lauder 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
several Interlocutors beforementioned, complained of in
the said Appeal, precedent to the Interlocutor of the
Lord Ordinary, of the 4th of June 1740, be, and the
same are hereby, affirmed; and that the said Interlocutor, of the 4th of June 1740, be likewise affirmed,
with this Variation at the End thereof; (videlicet,)
["except the Debt of Four Hundred Pounds Scots,
due to William Brown in the Proceedings mentioned,
and assigned by him to the Appellant upon his Marriage, by an Assignment, dated the 3d Day of July
1709"]: And it is also Ordered and Adjudged,
That the Interlocutor of the 18th of June 1740 be
affirmed: And it is further Ordered and Adjudged,
That the said Interlocutors of the 26th of June and 21st
of November 1740 be, and the same are hereby, reversed;
and that the Principal Sum of Three Hundred Pounds
Scots, due to the Appellant's Mother, ought to be considered as transacted or compounded at the Rate of
Merks for Pounds, and that the Appellant ought only
to charge Merks for Pounds of the said Principal Sum
against the Respondent; but as to the said Debt of
Four Hundred Pounds Scots, due to the said William
Brown, and assigned by him to the Appellant as aforesaid, the Appellant ought to be allowed the Full of
that Debt, and the Respondent to be charged in the
Accompt with the full Sum thereof accordingly: And
it is further Ordered and Adjudged, That the said
Interlocutors, of the 3d of July 1740, and 3d of
February 1740–1, and the 18th of June 1741, be, and
the same are hereby, affirmed: And as to the said Interlocutor of the 18th of July 1741, it is hereby further
Ordered, That it be referred back to the said Lords
of Session; and they are hereby directed to vary and
rectify the Accompt taken between the said Parties, and
also the last mentioned Interlocutor agreeably to the
Variations made by this House in the said other Interlocutors; and that the said Lords of Session do give
the necessary and proper Directions for carrying this
Judgement into Execution.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
quartum diem instantis Maii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Martis, 4o Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Bath & Wells.
Epus. Roffen.
Epus. Hereford.
Epus. Petriburg.
Epus. Cestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestriens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Bedford.
Dux Devon.
Dux Marlborough.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Chandos.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Berks.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Essex.
Comes Cardigan.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Radnor.
Comes Berkeley.
Comes Abingdon.
Comes Holderness.
Comes Warrington.
Comes Rochford.
Comes Jersey.
Comes Cholmondeley.
Comes Morton.
Comes Home.
Comes Lauderdale.
Comes Loudoun.
Comes Breadalbane.
Comes Dunmore.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Aylesford.
Comes Stanhope.
Comes Harborough.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Comes Wilmington.
Comes Effingham.
Comes Malton.
Viscount Hereford.
Viscount Fauconberg.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Clifton.
Ds. Brooke.
Ds. Poulet.
Ds. Berkeley.
Ds. Strange.
Ds. Cornwallis.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Somerville.
Ds. Boyle.
Ds. Hay.
Ds. Mansel.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Raymond.
Ds. Talbot.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgcumbe. |
PRAYERS.
Certificate of the Marquis of Tweeddale's Election.
This Day the Deputy Clerk of the Crown in Chancery delivered a Certificate of the Name of the Peer of
Scotland, who, by Virtue of His Majesty's Proclamation, is
chosen to sit and vote in this House; which is as follows:
"May it please your Lordships,
"I do hereby certify, that, by virtue of His Majesty's
Proclamation of the Tenth Day of March One Thousand Seven Hundred and Forty-one, a Certificate under the Hands and Seals of Mr. Thomas Gibson and Mr.
William Kirkpatrick, Clerks of Session attending the
Election aftermentioned, in Virtue of the Lord Register's Commission to them granted, has been delivered into the Crown-office in Chancery; whereby
it appears, that the most Honourable John Marquis
of Tweeddale, One of His Majesty's Principal Secretaries of State, was unanimously elected and chosen to
sit and vote in the House of Peers, in this present
Parliament, in the room of Charles Earl of Hoptoun,
deceased.
"Given under my Hand, this Fourth Day of May
One Thousand Seven Hundred and Fortytwo.
"Stephen Bisse, Clerk of the Crown.
The said Marquis of Tweeddle, at the Table, took
the Oaths, and made and subscribed the Declaration;
and also took and subscribed the Oath of Abjuration,
pursuant to the Statutes.
Walcot's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for vesting Part of the Marriage Portion of Mary late
Wife of John Walcot Esquire, and also Part of his
settled Estate, in Trustees, for raising Money, to pay
Debts; and for securing an Equivalent for the same,
for the Benefit of his Heir Male."
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. Holford and Mr. Bennett:
To carry down the said Bill, and desire their Concurrence thereunto.
Dashwood & al. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to enable John Dashwood and William Payne Esquires,
and their respective Issue Male, and other the Devisees of the Estate of John King Doctor in Divinity,
deceased, to take and use the Surname of King only,
according to the Direction of the Codicil to the Will
of the said Doctor King."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
L. Steward.
D. Richmond.
D. Bolton.
D. Bedford.
D. Portland.
D. Bridgewater.
M. Lothian.
M. Tweeddale.
E. Pembroke.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Carlisle.
E. Shaftesbury.
E. Litchfield.
E. Warrington.
E. Ilay.
E. Oxford.
E. Stanhope.
E. Harborough.
Vis. Hereford.
Vis. Fauconberg. |
L. B. Rochester.
L. B. Hereford.
L. B. Sarum.
L. B. St. Davids.
L. B. St. Asaph.
L. B. Norwich.
L. B. Landaff. |
L. Abergavenny.
L. Delawarr.
L. Willoughby Par.
L. Clifton.
L. Brooke.
L. Poulet.
L. Strange.
L. Weston.
L. Haversham.
L. Gower.
L. Somerville.
L. Mansel.
L. Masham.
L. Romney.
L. Monson.
L. Raymond.
L. Talbot.
L. Fitzwilliam.
L. Edgcumbe. |
Their Lordships, or any Five of them; to meet
on Thursday next, at the usual Time and Place;
and to adjourn as they please.
Message from H. C. to return Radcliff's Bill.
A Message was brought from the House of Commons,
by Mr. Carew and others:
To return the Bill, intituled, "An Act for Sale
of several settled Estates of Walter Radcliffe Esquire,
lying in the County of Devon; and for laying out
the Monies arising from such Sale in the Purchase of
other Lands, in the said County of Devon, of equal
Value, to be settled to the same Uses, in Lieu thereof;" and to acquaint this House, that they have
agreed to the same, without any Amendment.
Wootson Underwood Common, &c. enclosing, Bill.
A Message was brought from the House of Commons,
by Mr. George Grenville and others:
With a Bill, intituled, "An Act for dividing and
enclosing the Common Fields, Lawnd, Wastes, and
Unenclosed Grounds, within the Manor and Parish of
Wootton Underwood, in the County of Bucks; and for
the making effectual certain Exchanges therein mentioned;" to which they desire the Concurrence of this
House.
The said Bill was read the first Time.
Standing Orders to be considered.
The Roll of Standing Orders of this House was (according to Order) read.
Ordered, That the Standing Order of the 25th of
January 1720, No 112, directing the Lord on the Woolsack to stop the Reading the Order of the Day till the
House shall be cleared of all Persons who have no Right
to be in it, if any such shall be there at that Time, be
taken into Consideration on Thursday Sevennight; and
the Lords to be summoned.
Ordered, That the Rule entered in the said Roll,
No 9, requiring Lords to pay to the Poor, for Absence,
or not coming till after Prayers, be taken into Consideration at the same Time.
Also, the Order of the 28th of June 1715, No 62,
directing, "That, on the Days Causes are appointed
to be heard, the Counsel be called in at Eleven
o'Clock, and no Business to intervene," be taken into
Consideration at the same Time.
Also, That the Order of the 13th of June 1685,
No 63, prohibiting the Attorney General, or any
Assistant of this House, to be of Counsel, at the Bar,
for any Person whatsoever, be taken into Consideration at the same Time.
Also, that the Order of the 6th of November 1705,
No 96, directing, "That no Private Bill shall be read
in the House, before printed Copies thereof be left
with the Clerk, for the Perusal of the Lords," be taken
into Consideration at the same Time.
And also, the several Rules and Orders relating to
Proxies, No 79, 80, 81, 82, 83, 84, and 85, be taken
into Consideration at the same Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
quintum diem instantis Maii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Mercurii, 5o Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffen.
Epus. Hereford.
Epus. Meneven.
Epus. Glocestriens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Dux Dorset, Senescallus.
Dux Portland.
March. Tweeddale.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Winchilsea.
Comes Thanet.
Comes Sandwich.
Comes Anglesey.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Radnor.
Comes Warrington.
Comes Jersey.
Comes Sutherland.
Comes Morton.
Comes Home.
Comes Loudoun.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Stanhope.
Comes Harborough.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Comes Malton.
Viscount Hereford.
Viscount Fauconberg.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. Poulet.
Ds. Strange.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Gower.
Ds. Somerville.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Edgcumbe. |
PRAYERS.
Chetwynd against Blacknell & Ux.
The Answer of William Blacknell and Barbara his
Wife, late Barbara Chetwynd, Two of the Respondents
to the Appeal of Walter Chetwynd Esquire, was brought
in.
Message from H. C. to return Manuel's Bill.
A Message was brought from the House of Commons,
by Sir Miles Stapylton and others:
To return the Bill, intituled, "An Act for settling
certain Messuages, Lands, and Hereditaments, in Great
Driffield, in the County of York, Part of the Estate of
James Manuel, late of New Malton, in the same
County, deceased, to the Uses mentioned in certain
Articles of Agreement, made between the Widow
and the Daughters and Coheirs of the said James
Manuel;" and to acquaint this House, that they have
agreed to the same, with One Amendment, whereunto
they desire their Lordships Concurrence.
The said Amendment, being read Thrice, was agreed
to.
And a Message was sent to the House of Commons,
by Mr. Holford and Mr. Mountague, to acquaint them
therewith.
Udney against Spence:
A Petition of Alexander Udney Esquire, was presented
to the House, and read; setting forth, "That he hath
an Appeal depending in this House, to which John
Spence is Respondent; complaining of certain Interlocutors of the Lords of Session in Scotland; and that,
since bringing the same, the Matters in Dispute
between the said Parties have been accommodated;"
and praying, "That the Petitioner may have Leave to
withdraw his said Appeal."
And thereupon the Agents on both Sides were called
in.
And the Respondent's Agent signifying his Consent
thereunto:
They were directed to withdraw.
Appeal withdrawn.
Ordered, That the Petitioner be at Liberty to
withdraw his said Appeal, as desired.
Wootton Underwood Common enclosing, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for dividing and enclosing the Common Fields, Lawnd,
Wastes, and Unenclosed Grounds, within the Manor
and Parish of Wootton Underwood, in the County of
Bucks; and for the making effectual certain Exchanges
therein mentioned."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
L. President.
L. Steward.
D. Portland.
M. Tweeddale.
E. Pembroke.
E. Suffolk.
E. Northampton.
E. Winchilsea.
E. (fn. 1) Thanet.
E. Sandwich.
E. Carlisle.
E. Shaftesbury.
E. Warrington.
E. Sutherland.
E. Morton.
E. Ilay.
E. Oxford.
E. Harborough.
E. Graham.
E. Fitzwalter.
Vis. Hereford.
Vis. Fauconberg. |
L. B. Rochester.
L. B. Hereford.
L. B. St. Davids.
L. B. Gloucester.
L. B. St. Asaph.
L. B. Landaff. |
L. Delawarr.
L. Willoughby Par.
L. Clifton.
L. Poulet.
L. Strange.
L. Ward.
L. Cornwallis.
L. Gower.
L. Mansel.
L. Foley.
L. Bathurst.
L. Onslow.
L. Raymond.
L. Ilchester.
L. Fitzwilliam.
L. Edgcumbe. |
Their Lordships, or any Five of them; to meet on
Thursday the 20th Day of this Instant May, at
the usual Time and Place; and to adjourn as
they please.
Message from H. C. to return Lord Taaff's Bill for Sale of the E. of Carlingford's Estate.
A Message was brought from the House of Commons,
by Mr. Laroche and others:
To return the Bill, intituled, "An Act for vesting
all the Manors, Towns, Lands, Chiefries, Fee Farm
Rents, and other Hereditaments whatsoever, in the
several Counties of Lowth, Meath, and Sligoe, and
elsewhere, in the Kingdom of Ireland, late the Estate
of Francis Earl of Carlingford, deceased, in Trustees,
to be sold, for Payment of his Debts; and for
other Purposes therein mentioned;" and to acquaint
this House, that they have agreed to the same, with
some Amendments, whereunto they desire their Lordships Concurrence.
The said Amendments, being read Thrice, were
agreed to.
And a Message was sent to the House of Commons,
by the former Messengers, to acquaint them therewith.
Stedman against Stedman.
After hearing Counsel, in Part, upon the Petition
and Appeal of Janet Stedman, to which James Stedman
her Husband, Merchant in Kinross, is Respondent:
It is Ordered, That the further Hearing of the said
Cause be adjourned till To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
sextum diem instantis Maii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Jovis, 6o Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Hereford.
Epus. Menevens.
Epus. Eliens.
Epus. Oxon.
Epus. Cestriens. |
Ds. Hardwicke, Cancellarius.
Dux Leeds.
Dux Portland.
Dux Bridgewater.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Winchilsea.
Comes Thanet.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Shaftesbury.
Comes Warrington.
Comes Findlater.
Comes Ilay.
Comes Aylesford.
Comes Stanhope.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Viscount Fauconberg.
Viscount Falmouth. |
Ds. Willoughby Par.
Ds. Clifton.
Ds. Ward.
Ds. Berkeley Str.
Ds. Gower.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. (fn. 2) Raymond.
Ds. Montfort.
Ds. Ilchester.
Ds. Edgcumbe. |
PRAYERS.
D. of Norfolk & al. against York Buildings Company.
The Answer of the Governor and Company of Undertakers for raising the Thames Water in York Buildings, to the Appeal of Thomas Duke of Norfolk and
others, was brought in.
Cambridge Road, Bill.
The Duke of Portland reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing the Powers granted by Three several Acts of
Parliament; One, for repairing the Road from Stump
Cross to Newmarket Heath and the Town of Cambridge; another, for repairing the Road from Foulmire
to Cambridge; and the Third, for explaining, amending, and rendering more effectual, the said Two former Acts; and for enlarging the Terms granted by
the said Two former Acts," 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."
Dashwood and Payne to take the Name of King, Bill.
His Grace made the like Report from the Lords
Committees to whom the Bill, intituled, "An Act to
enable John Dashwood and William Payne Esquires,
and their respective Issue Male, and other the Devisees of the Estate of John King Doctor in Divinity,
deceased, to take and use the Surname of King only,
according to the Direction of the Codicil to the Will
of the said Doctor King," was committed.
Stedman against Stedman:
After hearing Counsel, as well Yesterday as this
Day, upon the Petition and Appeal of Janet Stedman,
Spouse to James Stedman Merchant in Kinross; complaining of an Interlocutor of the Commissaries of
Edinburgh, of the 4th of December 1741; and of an
Interlocutor of the Lords of Session in Scotland, of the
5th of January 174½, refusing a Bill of Advocation
presented by the Appellant; and also of an Interlocutor
of the said Lords, of the 22d of the same Month,
whereby they adhered to their former Interlocutor;
and likewise of an Interlocutor of the said Commissaries,
of the 11th of the same Month, whereby they adhered
to their former Interlocutor; and also of an Interlocutor of the Lord Ordinary, of the 26th of the same
Month, refusing the Desire of a Second Bill of Advocation; and also of another Interlocutor of the said
Lords, of the 2d of February last, whereby they remitted the Cause to the said Commissaries, with a particular Instruction, as in the Appeal is mentioned; and
praying, "That the said Interlocutors might be reversed; and that such Relief might be given the Appellant as to this House in their great Wisdom should
seem meet:" As also upon the Answer of the said
James Stedman 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 Interlocutors therein
complained of be, and the same are hereby, affirmed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
septimum diem instantis Maii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Veneris, 7o Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Bath. & Wells.
Epus. Roffen.
Epus. Hereford.
Epus. Petriburg.
Epus. Cestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Carliol.
Epus. Norwic.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Beaufort.
Dux Bolton.
Dux Bedford.
Dux Marlborough.
Dux Devon.
Dux Kingston.
Dux Newcastle.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Winchilsea.
Comes Thanet.
Comes Sandwich.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Albemarle.
Comes Jersey.
Comes Cholmondeley.
Comes Home.
Comes Lauderdale.
Comes Loudoun.
Comes Findlater.
Comes Ilay.
Comes Rockingham.
Comes Tankerville.
Comes Stanhope.
Comes Harborough.
Comes Waldegrave.
Comes Fitzwalter.
Comes Wilmington.
Comes Effingham.
Comes Malton.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. Poulet.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Gower.
Ds. Somerville.
Ds. Hay.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Lovel.
Ds. Raymond.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgcumbe. |
PRAYERS.
Objection against the Attorney General's being heard as a Counsel at the Bar, overruled.
This Day being appointed, for hearing the Cause
wherein James Lord Baron of Kingston is Appellant,
and John Damer Esquire Respondent, upon an Appeal from a Decree of the Court of Exchequer in
Ireland:
Counsel were accordingly called in.
And they coming to the Bar:
Mr. Attorney General appeared as One of the Counsel for the Appellant.
And it being moved, "That they be directed to
withdraw:"
They withdrew accordingly.
Then it was moved, "That the Standing Order of
this House, of the 13th of June 1685, prohibiting
the Attorney General, or any Assistant of this House,
to be allowed to be of Counsel, at the Bar, for any
private Person whatsoever, might be read."
And the same being read accordingly:
It was moved, "That Mr. Attorney General be
heard, as of Counsel for the Appellant, at the Bar,
in the said Cause."
Which being objected to:
After Debate;
The Standing Order, directing, "That no Motion
shall be granted, for dispensing with a Standing Order,
the same Day it is made," was read.
And after further Debate;
The Question was put, upon the foregoing Motion.
And it was Resolved in the Affirmative.
Lord Kingston against Damer.
Then the Counsel were called in again.
And Mr. Attorney General was fully heard, for the
Appellant.
And several Proceedings and Proofs on his Part
being read:
Mr. Murray was heard, to observe on the Evidence
produced.
And Mr. Brown being heard at large, for the Respondent:
Counsel were directed to withdraw.
Ordered, That the further Hearing of this Cause
be adjourned till Monday next.
York Buildings Company against Murray & al.: Cross Appeal.
A Cross Appeal of the Governor and Company of
Undertakers for raising the Thames Water in York
Buildings, was presented to the House, and read; complaining of an Interlocutor of the Lord Ordinary in
Scotland, of the 28th of November 1741, made on the
Behalf of Sir Alexander Murray and others; and praying, "That the same may be reversed, or varied in
such Manner as to this House shall seem meet."
And thereupon the several Orders made upon receiving the Original Appeal of the Duke of Norfolk
and others, for making the Cross Appellants Respondents, and the appointing a peremptory Day for them
to put in their Answer, being read:
Ordered, That the said Cross Appeal do lie on
the Table; and that the Agents for the Cross Appellants do give Notice of this Matter to the Agent for
the Original Appellants; and that they do both attend
this House on Monday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
decimum diem instantis Maii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Lunæ, 10o Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Hereford.
Epus. Meneven.
Epus. Carliol.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol.
Epus. Cicestriens. |
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Leeds.
Dux Devon.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Northampton.
Comes Thanet.
Comes Cardigan.
Comes Carlisle.
Comes Ailesbury.
Comes Shaftesbury.
Comes Warrington.
Comes Jersey.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Pomfret.
Comes Wilmington.
Comes Effingham.
Viscount Fauconberg.
Viscount Falmouth. |
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Strange.
Ds. Ward.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Gower.
Ds. Somerville.
Ds. Mansel.
Ds. Hobart.
Ds. Ilchester. |
PRAYERS.
Edgar against Maxwell.
The Answer of James Maxwell, to the Appeal of Theodore Edgar, was brought in.
Cambridge Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
continuing the Powers granted by Three several Acts
of Parliament; One, for repairing the Roads from
Stump Cross, to Newmarket Heath, and the Town of
Cambridge; another, for repairing the Road from
Foulmire to Cambridge; and the Third, for explaining,
amending, and rendering more effectual, the said Two
former Acts; and for enlarging the Terms granted by
the said Two former Acts."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Dashwood and Payne, so take the Name of King, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to enable John Dashwood and William Payne Esquires,
and their respective Issue Male, and other the Devisees of the Estate of John King Doctor in Divinity,
deceased, to take and use the Surname of King only,
according to the Direction of the Codicil to the Will
of the said Doctor King."
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 preceding Bills.
And Messages were severally ordered to be sent to the
House of Commons, by Mr. Bennett and Mr. Burroughs:
To acquaint them, that the Lords have agreed to the
said Bills, without any Amendment.
Edgar against Maxwell.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Theodore
Edgar is Appellant, and James Maxwell Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the First vacant Day
for Causes after those already appointed.
D. Norfolk & al. against York Buildings Company et al.
A Petition of the York Buildings Company, was presented to the House, and read; setting forth, "That,
on the 9th of March last, the Petitioners were made
Respondents to an Appeal of the Duke of Norfolk and
others, to which they have put in their Answer, and
have presented their Cross Appeal;" and praying,
In regard the Original Appeal stands for hearing this
Day, that the same may be put off to such other Day
as the House shall please to appoint; and that
both the Appeals may come on to be heard together."
And thereupon the Agents on all Sides were called
in.
And the Agents for the Original Appellants and Respondents acquainting the House, "They were willing
to put in their Answers to the Cross Appeal immediately:"
They were directed to withdraw.
Ordered, That the said Hearing be put off to Wednesday next come Sevennight; and that the Appellants
in the Original Appeal, and the Respondents thereunto,
may have a Copy or Copies of the said Cross Appeal;
and do put in their Answer or respective Answers to the
said Cross Appeal, in Writing, in Two Days.
L. Kingston against Damer:
After hearing Counsel, as well on Friday last as this
Day, upon the Petition and Appeal of James Lord Baron
of Kingston in the Kingdom of Ireland; complaining
(amongst other Things) of such Part of the Order of
the Court of Exchequer in Ireland, of the 4th Day of
December 1735, as directs an Issue at Law to be tried;
and the Order for Affirmance thereof, of the 23d of
November 1737, made in a Cause, by Bill of Revivor,
wherein the Appellant was Plaintiff, and John Damer
Esquire Defendant; and praying, "That the same
might be reversed or rectified; and that the Appellant might be relieved as to the House in their great
Wisdom should seem meet:" As also upon the Answer
of the said John Damer 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, in
the abovementioned Issue directed to be tried, before
the Word ["Possession"], the Word ["actual"] be left
out; and that the said Orders of the 4th of December
1735, and 23d of November 1737, be, with this Variation, affirmed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis,
decimum tertium diem instantis Maii, hora undecima
Auroræ, Dominis sic decernentibus.