House of Lords Journal Volume 18
28 February 1709

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 18: 28 February 1709', Journal of the House of Lords: volume 18: 1705-1709 (1767-1830), pp. 649. URL: http://www.british-history.ac.uk/report.aspx?compid=29722 Date accessed: 22 November 2014.


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DIE Lunæ, 28 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Sarum.
Epus. Petriburg.
Epus. Cicestr.
Epus. Carliol.
Ds. Cancellarius.
Ds. Sommers, Præses.
Dux Newcastle, C. P. S.
Dux Somerset.
Dux Beaufort.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.
Dux Buckingham & Normanby.
Dux Hamilton.
Dux Montrose.
March. Kent, Camerarius.
March. Dorchester.
March. Annandale.
Comes Lincoln.
Comes Dorsett & Midd'x.
Comes Bridgewater.
Comes Northampton.
Comes Denbigh.
Comes Westmorland.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Winchilsea.
Comes Scarsdale.
Comes Nottingham.
Comes Abingdon.
Comes Plimouth.
Comes Warrington.
Comes Rochford.
Comes Orford.
Comes Greenwich.
Comes Wharton.
Comes Cholmondeley.
Comes Bindon.
Comes Crafurd.
Comes Mar.
Comes Rothes.
Comes Loudoun.
Comes Leven.
Comes Northesk.
Comes Seafield.
Comes Glasgow.
Comes Play.
Viscount Hereford.
Viscount Townshend.
Ds. Delawarr.
Ds. North & Grey.
Ds. Mohun.
Ds. Byron.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Ossulstone.
Ds. Stawell.
Ds. Guilford.
Ds. Halifax.

PRAYERS.

Whitehaven Harbour, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for preserving and enlarging the Harbour of Whitehaven, in the County of Cumberland."

Ordered, That the Consideration of the said Bill be committed to a Committee of the whole House, on Friday next.

Hillersden versus Champernowne.

The House being this Day moved, on the Behalf of Ursula Hillersden, Respondent to the Appeal of Henry Champernowne, "That a short Day may be appointed, for hearing the Cause:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Eighth Day of March next, at Eleven a Clock.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir John Packington and others:

Who brought up a Bill, intituled, "An Act to vest the Estates, which came to the Right Honourable Other Earl of Plimouth by his Mother, in Trustees, to be sold; and to enable him to cut Coppices, for raising Money, to pay off Debts charged upon his Paternal Estate;" to which they desire the Concurrence of this House.

E. of Plymouth's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to vest the Estates, which came to the Right Honourable Other Earl of Plimouth by his Mother, in Trustees, to be sold; and to enable him to cut Coppices, for raising Money, to pay off Debts charged upon his Paternal Estate."

Upon the First Reading of the Bill, intituled, "An Act to vest the Estates, which came to the Right Honourable Other Earl of Plimouth by his Mother, in Trustees, to be sold; and to enable him to cut Coppices, for raising Money, to pay off Debts charged upon his Paternal Estate:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Bill, shall be, and is hereby, referred to Mr. Baron Price and Mr. Justice Dormer; who are forthwith to summon all Parties that are to be concerned therein; and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Ellis versus Fowle:

After hearing Counsel, upon the Petition and Appeal of Patrick Ellis, of London, Merchant, from several Orders and Proceedings in the Court of Chancery, of the Thirteenth of April, the Thirteenth of July, the Twentieth of July, the Seven and Twentieth of October, and the Eighteenth of December last; and from the Master's Report made in Pursuance of the last Order, and the Order for confirming thereof, the Twentieth of January last, made on the Behalf of John Fowle, the Executor of Robert Fowle deceased; and praying the Reversal and setting aside of the said Orders, or so much of them as in the Appeal is desired: As also upon the Answer of John Fowle Clerk, Executor of Robert Fowle, who was the surviving Assignee of a Statute of Bankrupt issued against Richard Fifield, put in thereunto; and due Consideration of what was offered thereupon:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Patrick Ellis shall be, and is hereby, dismissed this House; and that the several Orders, Proceedings, and Report made in the Court of Chancery, in the said Appeal complained of, shall be, and they are hereby, affirmed: And it is further Ordered, That the said Patrick Ellis shall pay, or cause to be paid, unto the said John Fowle, the Sum of Twenty Pounds, for his Costs.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, primum diem Martii jam prox. futur. hora undecima Auroræ, Dominis sic decernentibus.