House of Lords Journal Volume 20
24 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: 24 May 1717', Journal of the House of Lords: volume 20: 1714-1717 (1767-1830), pp. 469-471. URL: http://www.british-history.ac.uk/report.aspx?compid=38656 Date accessed: 31 July 2014.


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DIE Veneris, 24 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Lich. & Cov.
Epus. Sarum.
Epus. Carliol.
Epus. Cicestr.
Epus. Roffen.
Epus. Bristol.
Epus. Cestrien.
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 Grafton.
Dux Bolton.
Dux Shrewsbury.
Dux Devon.
Dux Marlborough.
Dux Bucks & Nor.
Dux Rutland.
Dux Mountagu.
Dux Roxburgh.
Dux Portland.
March. Annandale.
Comes Derby.
Comes Pembroke.
Comes Lincoln.
Comes Dorset.
Comes Bridgewater.
Comes Northampton.
Comes Stamford.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Anglesey.
Comes Burlington.
Comes Litchfield.
Comes Radnor.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Holderness.
Comes Plymouth.
Comes Scarborough.
Comes Warrington.
Comes Orford.
Comes Godolphin.
Comes Sutherland.
Comes Buchan.
Comes Hadintoun.
Comes Loudoun.
Comes Orkney.
Comes I'lay.
Comes Ferrers.
Comes Dartmouth.
Comes Uxbridge.
Comes Bristol.
Comes Halifax.
Viscount Hereford.
Viscount Say & Seal.
Viscount Townshend.
Viscount Longueville.
Viscount Lonsdale.
Viscount Castleton.
Ds. Delawar.
Ds. Fitzwalter.
Ds. Willughby Br.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Compton.
Ds. Teynham.
Ds. Brooke.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Osborne.
Ds. Lumley.
Ds. Carteret.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Bernard.
Ds. Gower.
Ds. Rosse.
Ds. Belhaven.
Ds. Harcourt.
Ds. Boyle.
Ds. Montjoy.
Ds. Mansel.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Harborough.
Ds. Carleton.
Ds. Cobham.
Ds. Coningsby.
Ds. Onflow.
Ds. Torrington.
Ds. Cadogan.
Ds. Pawlet Bas.

PRAYERS.

Lockharr & al. Petition referred to Judges.

Upon reading the Petition of James Lockart Esquire and Sir John Stanley Baronet, on Behalf of themselves, and John Lockart, Anne, Dorothy, and Martha Lockart, Infants, Children of the said James Lockart by Dorothy his late Wife; praying, "That Leave may be given to bring in a Bill, to enable the said Sir John Stanley, instead of the Purchase of other Lands, pursuant to an Act passed in the Third and Fourth Years of Her late Majesty, to dispose of the Trust Monies in Discharge of the Debts affecting the said James Lockart; and to enable him, in Lieu thereof, to make Provision for his Younger Children, by granting an Heritable Bond upon his entailed Estate:"

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 Dormer; 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.

River Wear, and Sunderland Port, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the Preservation and Improvement of the River Wear, and Port and Haven of Sunderland, in the County of Durham."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Browning and Mr. Dormer:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

E. of Oxford's Petition, Report of Precedents to be received.

The House being informed, "That the Committee, appointed 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 Petition of the Earl of Oxford, and the Case of the said Earl, as it now stands before this House, are ready to make their Report, pursuant to an Instruction to them given, 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, at such Time as the House will please to appoint to receive the same."

Ordered, That the said Report be received Tomorrow; and all the Lords summoned to attend the Service of this House on that Occasion.

Cuningham versus Hamilton.

Whereas To-morrow is appointed, for hearing the Cause wherein John Cunningham Esquire is Appellant, and Katherine Hamilton Lady Enterkine Respondent:

The House being moved, "That a further Day may be appointed, for hearing the same; in regard the Parties are near Relations, and an Accommodation between them is expected:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday the First Day of June next, at Eleven a Clock; and that the Cause on that Day appointed be removed to the Tuesday next following, and the other Causes removed in Course.

Rotherhith Church, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Parishioners of St. Mary Rotherhith, in the County of Surrey (by certain Funeral Rates therein mentioned), to finish the said Parish Church."

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

D. Shrewsbury.
D. Bucks & Nor.
E. Dorset.
E. Northampton.
E. Scarsdale.
E. Clarendon.
E. Yarmouth.
E. Abingdon.
E. Warrington.
E. (fn. *) Cholmondeley.
E. Loudoun.
E. I'lay.
E. Strafford.
E. Dartmouth.
E. Bristol.
E. Halifax.
L. V. Hereford.
L. V. Say & Seale.
L. V. Townshend.
L. V. Longueville.
L. V. Castleton.
L. Bp. Winton.
L. Bp. Carlisle.
L. Bp. Rochester.
L. Bp. Bristol.
L. Bp. Chester.
L. Bp. Lincoln.
L. Bp. Exeter.
L. Delawar.
L. Fitzwalter.
L. Howard Eff.
L. Compton.
L. Bruce.
L. Lumley.
L. Montjoy.
L. Trevor.
L. Foley.
L. Bathurst.
L. Carleton.
L. Coningesby.
L. Torrington.
L. Cadogan.

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

Fulford's Bill:

Hodie 3a vice lecta est Billa, 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."

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. Browning and Mr. Dormer:

To carry down the said Bill, and desire their Concurrence thereunto.

Hopkins's Bill.

Hodie 2a vice lecta est Billa, 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 his Life."

Ordered, That the said Bill be committed to the Lords Committees aforenamed.

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, at the same Place; and adjourn as they please.

Annesley's Appeal from the House of Lords in Ireland, Report of Committee to be received.

The House was informed, "That the Committee, appointed to consider the Petition and Appeal of Maurice Annesley Esquire, complaining of a Decree of the House of Lords in Ireland, and to inspect Precedents of Matters of the like Nature, are ready to make their Report, when the House will please to receive the same."

Ordered, That the said Report be received on Friday the Thirty-first Day of this Instant May.

Barrington, alias Shute Bill.

The Lord Coningesby reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable John Barrington, alias Shute, Esquire, and his Issue Male, to change their Surname to Barrington, according to the Settlement of Francis Barrington Esquire, deceased," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Then the Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Browning and Mr. Dormer:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Heldt & al. Nat. Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to naturalize John Jacob Heldt, Theodore Van Rheden, and others."

Highgate, &c. Highways, Bill.

The House (according to Order) was adjourned during Pleasure, and put into 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."

And, after some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Sir T. Frankland's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming an Agreement made between John Wind Clerk, Vicar of Thirkelby, in the County of York, and Sir Thomas Frankland Baronet, for Exchange of the Vicarage-house, and certain Lands therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the same Committee to whom the Bill for finishing Rotherhith Church stands committed.

Their Lordships, or any Five of them; to meet on Saturday the Eighth Day of June next, at the same Place; and adjourn as they please.

Stone's Bill referred to Judges.

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of the Estate of John Stone the Elder and John Stone the Younger, in the County of Sussex, for discharging the Incumbrances thereon, in respect of the Infancy of One of the Coheirs of John Stone the Younger; and for securing the Residue of the Money, as therein is mentioned."

Ordered, That the Consideration of the said Bill be, and is hereby, referred to Mr. Justice Dormer and Mr. Justice Eyre; 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.

Plunket versus Guffe:

Whereas, on the Seventh Day of this Instant May, a Petition and Appeal of Plunket Plunket Esquire, complaining of Two several Orders made in the Court of Chancery in Ireland, was presented to the House, and read; and Francis Cuffe and others were ordered to put in their Answers thereunto:

The House being this Day moved, "That the said Appeal may be dismissed; the Appellant not having entered into a Recognizance, pursuant to their Lordships Standing Order:"

And thereupon the Clerks being called upon, to give an Account concerning this Matter; and acquainting the House, "That no Recognizance had been entered into upon the said Appeal, nor any Order made concerning it:"

Appeal dismissed, for Want of Recognizance.

It is therefore Ordered, That the said Petition and Appeal be, and is hereby, dismissed this House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, vicesimum quintum diem instantis Maii, hora undecima Aurora, Dominis sic decernentibus.

Footnotes

* Origin. Cholmondesley.