House of Lords Journal Volume 20
21 May 1717

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 20: 21 May 1717', Journal of the House of Lords: volume 20: 1714-1717 (1767-1830), pp. 463-464. URL: http://www.british-history.ac.uk/report.aspx?compid=38653 Date accessed: 21 April 2014. Add to my bookshelf


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Die Martis, 21 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. Sarum.
Epus. Carliol.
Epus. Elien.
Epus. Cestriens.
Epus. Asaph.
Epus. Lincoln.
Ds. Cowper, Cancellarius.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux Somerset.
Dux Devon.
Dux Bucks & Nor.
Dux Rutland.
Dux Portland.
Comes Dorset.
Comes Northampton.
Comes Berks.
Comes Stamford.
Comes Scarsdale.
Comes Clarendon.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Holderness.
Comes Warrington.
Comes Orford.
Comes Greenwich.
Comes Poulet.
Comes Godolphin.
Comes Cholmondeley.
Comes Buchan.
Comes Loudoun.
Comes I'lay.
Comes Dartmouth.
Comes Carnarvon.
Comes Rockingham.
Comes Bristol.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Castleton.
Ds. Delawar.
Ds. Howard Ess.
Ds. North & Grey.
Ds. Compton.
Ds. Bruce.
Ds. Colepeper.
Ds. Cornwallis.
Ds. Lumley.
Ds. Guilford.
Ds. Gower.
Ds. Rosse.
Ds. Belhaven.
Ds. Harcourt.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Mansel.
Ds. Trevor.
Ds. Foley.
Ds. Harborough.
Ds. Carleton.
Ds. Parker.
Ds. Coningsby.
Ds. Onslow.
Ds. Torrington.
Ds. Cadogan.

PRAYERS.

Commissioners of forfeited Estates, relating to Scotland, Report delivered.

The House being informed, "That a Person from the Commissioners for the forfeited Estates attended," he was called in; and delivered, at the Bar, from the said Commissioners, a Book, intituled, "A Report from the Commissioners appointed to inquire of the Estates of certain Traitors, in that Part of Great Britain called Scotland;" and acquainted the House, "The said Report related only to the Estates in that Part of the United Kingdom called Scotland."

And withdrew.

Message from H.C. with a Bill.

A Message from the House of Commons, by Mr. Cholmeley and others:

Who brought up a Bill, intituled, "An Act to empower the Barons of the Exchequer in Ireland to grant a Commission to some of the Barons of the Exchequer in England, to administer to Thomas Hopkins Esquire the Oaths for the due Execution of the Office or Offices of Searcher, Packer, and Gauger, in the Port of the City of Dublin, granted to him for Life;" to which they desire the Concurrence of this House.

Sir R. Barnardiston & al. versus Carter.

Counsel were called in, to be heard, in the Cause wherein Sir Robert Barnardiston Baronet and others are Appellants, and William Carter Esquire Respondent.

And the Counsel for the Appellants being directed to proceed:

Counsel, in Behalf of John Mortimer Esquire and Elizabeth his Wife, who, upon their Petition on Saturday last, were allowed to attend to be heard if the House thought fit, expressed their Fear, "That the Petitioners might be precluded, if their Lordships should give Judgement without permitting them to be heard;" and therefore desired Time to bring an Appeal; alledging, "That the said Elizabeth claimed an Estate in Question, as Heir to Evers Armyne."

And the other Counsel objecting to the putting off the Cause:

They were directed to withdraw.

And being accordingly withdrawn; and Debate in relation to this Matter:

The Question was put, "That this House do now proceed to the Hearing of the Cause between the Appellants and Respondent, upon the Appeal and Answer before this House?"

It was Resolved in the Affirmative.

Then the Counsel were called in again; and the Lord Chancellor acquainted them, "The House was of Opinion, to proceed now to the hearing of the Cause."

Accordingly the Counsel, both for the Appellants and Respondent, were heard upon the said Appeal and Answer.

And, being withdrawn;

The Judges were directed to give their Opinions, "Whether the Will of Sir Michael Armyne did extend to include all the Debts of the said Sir Michael?"

And, having conferred together, the Lord Chief Baron, in the Name of them all, delivered it as their Opinion, "That the Will of the said Sir Michael Armyne did extend to include all his Debts."

Then they were likewise directed to deliver their Opinions, "Whether the Estate for Life was vested in Evers Armyne at the Time of the Recovery, before all the Debts were paid, so that he could make a Tenant to the Præcipe?"

But the Judges desiring some Time, in regard the same, as they alledged, was a Question of great Importance; they were allowed till To-morrow, in order to confer together, the better to give their Opinions thereon.

Kirwan's Cause put off.

Ordered, That the Cause wherein John Kirwan Esquire, commonly called Sir John Kirwan, and Simon Kirwan Esquire, are Appellants, and Christopher French Gentleman is Respondent, which was appointed to be heard this Day, be heard on Thursday next; and that the Cause appointed to be heard that Day be put off to Saturday, and the other Causes removed in Course.

Cuffe's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act declaring the Uses of Two several Fines levied by John Cuffe Esquire and Margaret his Wife to Joseph Kelley Esquire deceased and Maurice Cuffe Esquire, and the Heirs of the said Joseph Kelley, of certain Lands and Tithes in the Counties of Down and Cavan, in the Kingdom of Ireland."

Ordered, That the Consideration of the said Bill be committed to the Lords following; videlicet,

D. Devonshire.
D. Roxburgh.
E. Derby.
E. Northampton.
E. Stamford.
E. Clarendon.
E. Yarmouth.
E. Rochester.
E. Warrington.
E. Godolphin.
E. Buchan.
E. Bristol.
L. V. Hereford.
L. V. Say & Seale.
L. V. Townshend.
L. V. Castleton.
L. Abp. York.
L. B. Carlisle.
L. B. Chester.
L. B. St. Asaph.
L. B. Lincoln.
Ld. Delawar.
L. Howard Eff.
L. Bruce.
L. Lumley.
L. Guilford.
L. Boyle.
L. Mansel.
L. Trevor.
L. Parker.
L. Torrington.

Their Lordships, or any Five of them; to meet on Wednesday the Fifth Day of June next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Basket & al. versus Watson.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Basket His Majesty's Printer in London and others are Appellants, and James Watson Printer in Edinburgh is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Thirteenth Day of June next, at Eleven a Clock.

Hamilton versus Boswell.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Hamilton is Appellant, and George Boswell Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday the Fifteenth Day of June next, at Eleven a Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, vicesimum secundum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.