DIE Veneris, 28 Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Epus. Sarum.
Epus. Petriburg.
Epus. Oxon.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic. |
Ds. Harcourt, Custos Magni Sigilli.
Dux Buckingham, Præses.
Dux Somerset.
Dux Ormonde.
Dux Devonshire.
Dux Marlborough.
Dux Kent.
March. Dorchester.
Comes Poulet, Senescallus.
Comes Derby.
Comes Lincoln.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Denbigh.
Comes Manchester.
Comes Rivers.
Comes Winchilsea.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Radnor.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Plimouth.
Comes Scarbrough.
Comes Orford.
Comes Greenwich.
Comes Wharton.
Comes Cholmondeley.
Comes Mariscall.
Comes Mar.
Comes Eglintoun.
Comes Home.
Comes Loudoun.
Comes Northesk.
Comes Roseberie.
Comes I'lay.
Comes Ferrers.
Comes Dartmouth.
Viscount Say & Seal.
Viscount Townshend.
Viscount Weymouth.
Viscount Kilsyth. |
Ds. Delawar.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Mohun.
Ds. Lexington.
Ds. Berkeley.
Ds. Osborne.
Ds. Carteret.
Ds. Ashburnham.
Ds. Haversham.
Ds. Cowper.
Ds. Balmerino.
Ds. Blantyre.
Ds. Boyle.
Ds. Hay.
Ds. Mansel.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst. |
PRAYERS.
More & al. Pet. referred to Judges.
Upon reading the Petition of Francis Moore and Mary
his Wife, and Elizabeth their only Daughter, and of
William Moore, Second Son of Sir Henry Moore, late of
Fawley, in the County of Berks, deceased; praying
Leave to bring in a Bill, for vesting an Estate in Wiltshire in Trustees, to be sold, for Payment of Debts, and
other Purposes in the Petition mentioned:
It is Ordered, by the Lords Spiritual and Temporal
in Parliament assembled, That the Consideration of the
said Petition shall be, and is hereby, referred to the
Lord Chief Justice of the Court of Queen's Bench
and Mr. Justice Tracy; who are forthwith to summon
all Parties concerned in the Bill; and, after hearing
them, to report to the House the State of the Case,
with their Opinion thereupon, under their Hands, and
whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and
also that the Judges, having perused the Bill, do sign
the same.
Crawford, Day of Hearing, and Deeds to be produced.
Upon reading the Petition of Arch'bald Crawford
Esquire, Respondent to the Appeal of John Crawford,
an Infant, by Jane Crawford his Guardian; praying,
"That a short Day may be appointed for hearing the
said Appeal; and that the Appellant, or his Agent,
do produce, at the said Hearing, the several Deeds complained of and voided by the Interlocutors of the
Lords of Session in Scotland, which were produced
before the said Lords at the Hearing of the said
Cause, and are now in the Appellant's or his
Agent's Custody:"
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 Saturday
the Fifth Day of April next, at Eleven a Clock: And
it is further Ordered, That the Appellant, or his
Agent, do then produce the Deeds above desired.
Bromsall's Bill.
The Lord Trevor reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable
Owen Thomas Bromfall Gentleman to sell divers Lands,
Tenements, and Hereditaments, in the County of
Bedford, for the Purposes therein mentioned," was
committed: "That they had considered the said Bill,
and made some Amendments thereunto."
Which were read Twice, and agreed to; and the Bill
ordered to be engrossed, with the said Amendments.
Wolstenholme's Pet. referred to Judges.
Upon reading the Petition of Sir Nicholas Wolstenholme
Baronet; praying Leave to bring in a Bill, for vesting
in Trustees the Manor of Navesby, and other Lands in
the County of Northampton, to be sold, for Payment
of his Debts, and other Purposes in the Petition mentioned:
It is Ordered, by the Lords Spiritual and Temporal
in Parliament assembled, That the Consideration of the
said Petition shall be, and is hereby, referred to the
Lord Chief Justice of the Court of Queen's Bench and
Mr. Justice Tracy; who are forthwith to summon all
Parties concerned in the Bill; and, after hearing them,
to report to the House the State of the Case, with
their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also
that the Judges, having perused the Bill, do sign the
same.
Messages from H. C. with Bills.
A Message was brought from the House of Commons, by Mr. Medlicot and others:
With a Bill, intituled, "An Act for confirming to
Agmondisham Vesey Esquire, and his Children, the
Benefit intended by an Act passed in the First Year of
Her Majesty's Reign, for their Relief; and for discharging him and them of the Rents and Profits of
their Estate, incurred before the passing of the said
Act."
Also, a Message was brought from the House of Commons, by Sir Robert Davers and others:
With a Bill, intituled, "An Act to explain an Act
made in the Seventh Year of Her Majesty's Reign,
intituled, an Act to empower the Lord High Treasurer of Great Britain, or Commissioners of the
Treasury, to compound with the Sureties of Samuel
Pacey, deceased, late Receiver General for the County
of Suffolk, so far as it relates to Joseph Pake, One of
the said Sureties;" to which Bills they desire the
Concurrence of this House.
L. Ormestoun versus Hamilton:
After hearing Counsel, upon the Petition and Appeal
of Adam Cockburne of Ormston, One of the Senators of
the College of Justice, and Dame Anne his Wife, from
several Decrees, Orders, and Interlocutory Sentences,
made by the Lords of Session in North Britain, and
particularly from the Decree, or Sentence, of the
Twenty-ninth of June last, made on the Behalf of
John Hamilton, by his Guardian; and praying the Reversal of the said Decrees, Orders, and Interlocutory
Sentences, in the Petition complained of: As also upon
the Answer of the said John Hamilton put in thereunto;
and due Consideration of what was offered thereupon:
Judgement reversed, in Part.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Sentence of the Twenty-ninth of June, declaring
the Suit to be Lis finita, shall be, and is hereby, reversed:
And it is further Ordered and Adjudged, That the
Appellants be at Liberty to insist or prosecute in the
said Suit or Process, for all the Expences of the Funeral
above the Sum of Two Hundred and Fifty Pounds, to
which the same were reduced by the Lord Ordinary, as
well as for the said Sum of Two Hundred and Fifty
Pounds, and as well for the extraordinary as for the
ordinary Costs and Expence, touching the Administration
or Confirmation of the Testament of the Deceased;
and that such several Sums as shall appear just, to have
been allowed or deducted out of the Personal Estate, for
such Funeral Expences, and for such ordinary and extraordinary Costs and Expences touching the Administration or Confirmation of the said Testament, shall be
taken as remaining due upon the Bond bearing Date the
5th Day of March 1703, and be computed with Interest from such Time as the Money secured by the said
Bond became payable, until the Payment thereof, and
stand as a Charge upon the Heritable Estate; but as to
the Interlocutory Sentence in November 1709, for sustaining the Bar, or Prescription, whereby the Appellants
were not allowed to make any Deduction out of the
Personal Estate for several of the Deceased's Debts
paid by the Appellants to Sir Robert Blackwood and
others, such Debts being Merchants Accompts, and
adjudged, barred, or prescribed, by the Statute of
King James the Sixth, as not being sued for in Three
Years, the said Interlocutory Sentence is hereby affirmed: And as to the Interlocutory Order made the Twenty-eighth of November last, touching the Respondent's
Costs, the same is hereby remitted to the Lords of
Session, to re-consider the same, together with the said
Demands of the Appellants touching the Funeral Expences, and the said Costs and Expences touching the
Administration or Confirmation of the said Testament,
and determine thereupon as shall be just.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum nonum diem instantis Martii, hora duodecima, Dominis sic decernentibus.