DIE Mercurii, 22 Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Carliol.
Epus. Elien.
Epus. Cicestr.
Epus. Hereford.
Epus. Roffen.
Epus. Bristol.
Epus. Cestriens.
Epus. Gloucestr.
Epus. Asaph.
Epus. Oxon.
Epus. Lincoln.
Epus. Exon. |
Ds. Cowper, Cancellarius.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Richmond.
Dux Grafton.
Dux Bolton.
Dux Shrewsbury.
Dux Devon.
Dux Marlborough.
Dux Bucks & Nor.
Dux Rutland.
Dux Mountagu.
Dux Montrosse.
Dux Roxburgh.
Dux Portland.
Comes Derby.
Comes Pembroke.
Comes Lincoln.
Comes Dorset.
Comes Sarum.
Comes Northampton.
Comes Berks.
Comes Stamford.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Anglesey.
Comes Carlisle.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Berkley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Holderness.
Comes Scarborough.
Comes Warrington.
Comes Orford.
Comes Greenwich.
Comes Poulet.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Buchan.
Comes Hadintoun.
Comes Loudoun.
Comes Orkney.
Comes I'lay.
Comes Ferrers.
Comes Strafford.
Comes Dartmouth.
Comes Uxbridge.
Comes Carnarvon.
Comes Tankerville.
Comes Bristol.
Viscount Hereford.
Viscount Say & Seal.
Viscount Townshend.
Viscount Longueville.
Viscount Lonsdale.
Viscount Castleton. |
Ds. Delawar.
Ds. Willoughby Br.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Brooke.
Ds. Bruce.
Ds. Byron.
Ds. Colepeper.
Ds. Cornwallis.
Ds. Osborne.
Ds. Lumley.
Ds. Carteret.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Barnard.
Ds. Gower.
Ds. Rosse.
Ds. Belhaven.
Ds. Harcourt.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Mansell.
Ds. Trevor.
Ds. Lansdowne.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Harborough.
Ds. Carleton.
Ds. Cobham.
Ds. Coningsby.
Ds. Onslow.
Ds. Torrington.
Ds. Cadogan.
Ds. Romney.
Ds. Newburgh.
Ds. Pawlet of Basing. |
PRAYERS.
Sir R. Barnardiston & al. versus Carter:
The Lord Chancellor acquainted the House, "That
the Judges were now ready to give their Opinions, on
the Point of Law to them proposed, after hearing
the Cause wherein Sir Robert Barnardiston Baronet
and others were Appellants, and William Carter
Esquire Respondent; which, at the Request of the
Judges, was Yesterday respited."
Then the Lord Chief Justice of the Court of Common Pleas, in the Name of all the Judges, who had
consulted together, delivered their unanimous Opinion,
"That the Estate for Life was vested in Evers Armyne
at the Time of the Recovery."
Then the Judges were directed to give their Opinions,
"Whether the Remainder to Styles was of that Nature as to be barred by the Recovery?"
And, having conferred together, the said Lord Chief
Justice delivered their joint Opinion, "That the same
was only a contingent Remainder."
And then the following Order and Judgement was
made; (videlicet,)
Judgement reversed.
"After hearing Counsel Yesterday, upon the Petition and Appeal of Sir Robert Barnardiston Baronet,
Samuel Barnardiston Esquire, and John Coppin Esquire;
complaining of a Decree made by the Lord High
Chancellor of Great Britain, on the Second Day of
March in the First Year of His present Majesty, in
a Cause wherein William Carter Esquire was Plaintiff,
and the Appellants and others were Defendants; and
praying, That the same may be reversed and set
aside, and the Plaintiff's Bill dismissed as against the
Appellants: As also upon the Answer of the said
William Carter put in to the said Appeal; and likewise hearing the Opinions of the Judges, as well
Yesterday as this Day, in relation to some Points of
Law to them proposed; and on due Consideration
had of what has been offered in this Case: It is
Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the
said Decree be, and is hereby, reversed; and that
the Respondent's Bill in the said Court of Chancery,
as against the Appellants, do stand dismissed; without Prejudice to the Right, if any, of the Heirs at
Law of Sir Michael Armyne, or Evers Armyne."
Sir H. Liddell against Bp. of Durham's Privilege, referred to a Committee.
Upon reading the Petition of Sir Henry Liddell Baronet; setting forth, "That the Lord Bishop of Durham brought his Action of Ejectment, in his Court of
Pleas at Durham, against a Tenant of the Petitioner's; and thereby brought in Question not only the
ancient Boundaries of his Manor, but also his Right
to a great Moor or Waste; and the Cause being tried
at Durham, and a View directed, the Petitioner was
advised to bring his Bill in Chancery, for ascertaining
his said Boundaries;" and further setting forth the
Proceedings at Law had, pursuant to the Direction of
the said Court of Chancery; and also a Decree of that
Court, upon the Equity reserved; and "that the said
Lord Bishop's Clerk in Court has been served with
Summonses, touching the Taxation of Costs directed by
the said Decree; but his Lordship's Solicitor has lately acquainted the Petitioner's Solicitor, that his Lordship insists upon his Privilege; and threatens to complain if the Petitioner proceeds any further;" and
praying, "In regard the said Suit in Chancery and
Proceedings thereon were in the necessary Defence
of the Petitioner's Right, against his Lordship's said
Action, that the Petitioner may be at Liberty to tax
and recover the said Costs against the said Lord
Bishop; and that this House will be pleased to declare, his Lordship hath no Right to any Privilege,
against the Petitioner's Proceedings in this Case; if it
shall so seem to the great Wisdom and Justice of this
House:"
It is Ordered, That the said Petition be, and is
hereby, referred to the Lords Committees for Privileges;
to consider thereof, and report their Opinion thereupon
to the House; whose Lordships are to meet on Monday
Morning next.
Schaw versus Houstoun & Ux.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir John
Schaw Baronet is Appellant, and John Houstoun and
his Wife (fn. *) Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Tuesday the Eighteenth
Day of June next, at Eleven a Clock.
Middleton, Leave for a Bill.
After reading, and considering, the Report of the
Judges, to whom the Petition of the Daughters of Thomas Middleton Esquire, deceased, by their Guardian,
was referred; praying Leave to bring in a Bill, for the
Purposes in the Petition mentioned:
It is Ordered, That Leave be given to bring in
a Bill, pursuant to the said Report.
E. of Oxford's Petition:
A Petition of Robert Earl of Oxford and Earl Mortimer, Prisoner in The Tower of London, was presented to
the House, and read; setting forth, "That Articles of
Impeachment were brought up by the House of Commons against him, the 9th of July 1715, at which
Time he was committed; and on the 2d of August additional Articles were brought up; and the
3d of September the Petitioner's Answer was delivered; and on the 19th of September the Commons
joined Issue, by Replication: And, after several Adjournments, the Parliament re-assembled on the 9th
of January 1715, and continued sitting until the 26th
Day of June 1716; upon which Day His Majesty
was pleased to put an End to that Session of Parliament, by a Prorogation; and on the 20th of February last His Majesty opened this present Session; and
the Petitioner has remained a Prisoner since the said
9th of July 1715;" and praying, "That this House
will take the Circumstances of his Case into their
Consideration; being assured that their Lordships will
determine thereupon according to the Rules of Justice and Course of Parliament, and that it was not
their Intention that his Confinement should be indefinite."
Committee to search Precedents concerning his Case.
Ordered, That all the Lords this Day present be
appointed a Committee, to search and report such Precedents as may the better enable this House to judge
what may be proper to be done, on Occasion of the said
Petition and the Case of the said Earl, as it now stands
before this House.
Their Lordships, or any Seven of them; to meet
To-morrow, at Ten a Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Ordered, That the said Petition be referred to the
said Committee.
Ordered, That it be an Instruction to the said Committee, in the First Place, to search for and report such
Precedents as relate to the Continuance of Impeachments from Session to Session, or from Parliament to
Parliament.
Lyon's Petition to lie on the Table.
A Petition of Katherine Lyon, the Widow of John
Lyon of Muresk Esquire, deceased, was presented to the
House, and read; setting forth, "That she was advised to appeal from a Decree of the Lords of Session in Scotland; but was prevented bringing the
same within the Time limited by the Standing Order,
and for some Reasons;" praying, "That the same
may be received, and proceeded on."
Ordered, That the said Petition do lie on the
Table.
D. Rutland, &c. Bill.
The Lord Archbishop of York reported from the
Committee, to whom the Bill, intituled, "An Act for
settling the Estates of the most Noble JohnDuke of
Rutland, and John Manners Esquire, commonly called
Marquis of Granby, Son and Heir Apparent of the
said Duke, on the Marriage of the said Marquis of
Granby with the Honourable Bridget Sutton, only
Child of the Right Honourable Robert Lord Lexington; and also for vesting the Estates of the said Robert Lord Lexington and Bridget Sutton, therein mentioned, in Trustees, to be sold, for raising Money for
the Marriage Portion of the said Bridget Sutton,"
was committed: "That they had considered the said
Bill, and the Parties concerned given their Consents;
and that the Committee had gone through the Bill,
and made several Amendments thereunto."
Which, being read Twice, were agreed to.
Ordered, That the said Bill, with the Amendments,
be engrossed.
Middleton's Bill.
Hodie 1a
vice lecta est Billa, intituled, "An Act for
Sale of the Estate of Thomas Middleton Esquire, deceased, for the more speedy raising of Maintenancemonies and Portions for his Daughters; and for other
Purposes in the Bill mentioned."
Fulford's Bill.
The Lord Foley reported from the Committee, to
whom the Bill, intituled, "An Act to enable Francis
Fulford Esquire, and his First and other Sons successively, to put in Execution the Power of granting
Leases, given by the last Will and Testament of Francis Fulford Esquire, deceased," was committed: "That
they had considered the said Bill, and examined the
Allegations thereof; 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, were agreed to.
Ordered, That the Bill, with the Amendments, be
engrossed.
Hale's Petition referred to Judges.
Upon reading the Petition of Mathew Hale of Rangeworthy Esquire and Mary his Wife, Mathew Hale
Esquire, Great Grandson of Sir Mathew Hale late Lord
Chief Justice of the Court of King's Bench, and of
Henry Hale, Robert Hale, Edward Biss Hale, and Gabriel
Hale, the Infant Sons of Gabriel Hale Esquire, by him
the said Gabriel Hale their Father, next Friend, and
Guardian, and also of him the said Gabriel Hale, Archbold Grosvenor Esquire and Frances his Wife, Robert
Gore Esquire, and Charles Crew Gentleman; praying,
"That Leave may be given to bring in a Bill, for vest
ing the Manors and Lands of and in Wortley, alias
Workley, Tresham, Sedlewood, and Hilsley, upon the
said Mathew Hale the Great Grandson, upon and after the Marriage between him and Elizabeth Hickes,
One of the Daughters of Robert Hickes Esquire,
and for applying the Marriage Portion towards discharging several Debts in the Petition mentioned;
and for other Purposes therein expressed:"
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of Common Pleas and Mr. Justice
Prat; 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.
Wemys' Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act to
enable Patrick Wemys Esquire to sell certain Houses
in Dublin, for Payment of Debts; and for the settling Lands, in the County of Kilkenny and elsewhere,
to the same Uses to which the Houses to be sold were
settled."
Ordered, That the Consideration of the said Bill
be committed to the Lords following; videlicet,
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D. Grafton.
D. Shrewsbury.
D. Montrose.
E. Dorset.
E. Stamford.
E. Scarsdale.
E. Clarendon.
E. Anglesey.
E. Yarmouth.
E. Rochester.
E. Warrington.
E. Poulet.
E. I'lay.
E. Dartmouth.
E. Rockingham.
E. Bristol.
Vis. Hereford.
V. Townshend.
V. Longueville.
V. Castleton. |
L. Bp. London.
L. B. Carlisle.
L. B. Hereford.
L. B. Bristol.
L. B. Gloucester.
L. B. Oxford. |
Ld. Delawar.
L. Bruce.
L. Carteret.
L. Weston.
L. Boyle.
L. Masham.
L. Bathurst.
L. Carleton.
L. Onslow.
L. Torrington.
L. Romney.
L. Newburgh. |
Their Lordships, or any Five of them; to meet on
Thursday the Sixth 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.
Frankland, Leave for a Bill.
After reading, and considering, the Report of the
Judges, to whom the Petition of Sir Thomas Frankland
Baronet and John Wind Clerk was referred; praying
Leave to bring in a Bill, for the Purposes in the Petition mentioned:
It is Ordered, That Leave be given to bring in
a Bill, according to the Prayer of the Petition.
Highgate, &c. Highways, Bill.
Whereas this Day was appointed, for the House to
be in a Committee upon the Bill, intituled, "An Act
for repairing the Highways, from several Places
therein mentioned, leading towards Highgate Gatehouse and Hampsted, in the County of Middlesex; and
for electing Trustees, for keeping up a sufficient
Number, for the repairing the Highways upon the
Roads from Highgate Gatehouse to Barnet Blockhouse, and also of the Highways between Kilburn
Bridge and Sparrows Hern, in the County of Hertford:"
It is Ordered, That this House shall be put into
a Committee thereupon, on Friday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum tertium diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.