Journal of the House of Lords Volume 23, 1727-1731. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 23: March 1728, 21-30', in Journal of the House of Lords Volume 23, 1727-1731( London, 1767-1830), British History Online https://www.british-history.ac.uk/lords-jrnl/vol23/pp220-231 [accessed 6 October 2024].
'House of Lords Journal Volume 23: March 1728, 21-30', in Journal of the House of Lords Volume 23, 1727-1731( London, 1767-1830), British History Online, accessed October 6, 2024, https://www.british-history.ac.uk/lords-jrnl/vol23/pp220-231.
"House of Lords Journal Volume 23: March 1728, 21-30". Journal of the House of Lords Volume 23, 1727-1731. (London, 1767-1830), , British History Online. Web. 6 October 2024. https://www.british-history.ac.uk/lords-jrnl/vol23/pp220-231.
In this section
March 1727, 21-30
DIE Jovis, 21o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
D. of Gordon versus E. of Murray & al.
Whereas Thursday the Twenty-eighth Day of this Instant March is appointed, for hearing the Cause wherein Alexander Duke of Gordon and Elizabeth Dutchess Dowager of Gordon are Appellants, and Charles Earl of Murray and others are Respondents:
The House being moved, at the Request of both Parties, "That the said Hearing may be adjourned:"
It is Ordered, That the Hearing the said Cause be adjourned to Thursday the Eleventh Day of April next.
Vis. Castlemain and his Lady, Leave for a Bill.
After reading, and considering, the Report of the Judges to whom the Petition of Richard Lord Viscount Castlemain in the Kingdom of Ireland, and Dorothy Viscountess Castlemain his Lady, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
V. Castlemain and Tylney's Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for making more effectual a Deed of Appointment executed by Frederick Tylney Esquire (late deceased), with Respect to Twenty Thousand Pounds; and for settling the same for the Purposes herein mentioned."
Chatteris Ferry Road, to Somersham Bridge, to repair, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road leading from Chatteris Ferry, which divides the Isle of Ely from the County of Huntingdon, to Hammond's Eau; and from thence to Somersham Bridge, at Somersham Town's End, in the said County," was committed: "That they had considered the said Bill, and gone through the same, and directed him to report the Bill to the House, without any Amendment."
Lanove, Nat. Bill.
A Message was brought from the House of Commons, by Mr. Essington and others:
With a Bill, intituled, "An Act for naturalizing John Lanove;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Heron, for Deeds and Exhibits to be produced.
Upon reading the Petition of George Heron, Eldest Son and Heir of George Heron, deceased; praying, That the several Deeds and Exhibits, which George Heron and others, Respondents to the Petitioner's Appeal, made Use of and read at the Hearing in the Court of Chancery, may be by them left with One of the Masters of the said Court, within a Week after Notice to their Clerk in Court; and that the Petitioner may be at Liberty to inspect and take Extracts thereof, at his own Expence:"
It is Ordered, That the said Deeds and Exhibits be left with a Master of the said Court of Chancery, within a Week after Service of this Order, as desired, in order that the Petitioner may inspect the same; and that the said Deeds and Exhibits be produced in this House, at the Hearing the said Cause.
Scourfield & al. Pet. referred to Judges.
Upon reading the Petition of William Scourfield the Elder Esquire, Catherine his Wife, William Scourfield the Younger, Anne his Wife, William Tucker Gentleman, Mary his Wife, and Catherine, Judith, and Anne Scourfield (the Petitioners, Mary Tucker, Catherine, Judith, and Anne Scourfield, being the only Daughters and Younger Children of the said William Scourfield the Elder and Catherine his Wife), and of Walter Jeffreys, and Thomas Penry Esquire; praying Leave to bring in a Bill, for settling several Estates, in the Counties of Pembroke and Brecon, of the said William Scourfield Senior and his Wife, William Scourfield Junior and his Wife, in the Petition mentioned, to the Uses in certain Articles therein expressed:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Price and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.
statute of Limitations, to render more effectual, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee, to consider further of the Bill, intituled, "An Act for rendering Part of the Act for Limitation of Actions, and for avoiding Suits in Law, more effectual."
And, after some Time spent therein, the House was resumed.
And the Earl of Westmorland reported from the said Committee, "That they had gone through the said Bill, and made some Amendments thereunto; which he was directed to report, when the House will please to receive the same."
Ordered, That the Report of the said Amendments be received To-morrow.
Mutiny and Desertion, to punish, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."
And, after some Time spent therein, the House was resumed.
And the Lord Delawarr reported from the said Committee, "That they had gone through the said Bill, and directed him to report the same to the House; without any Amendment:"
Matters relating to Appeals and Writs of Error, put off.
The Order of the Day being read, for the House to be in a Committee, to take into further Consideration Matters relating to the Proceedings on Appeals and Writs of Error:
It is Ordered, That the House be put into the said Committee again on this Day Sevennight.
Bromley's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Estate of William Bromley Esquire and Mary his Wife, lying at Sundon, in the County of Bedford, in Trustees, to be sold, pursuant to an Agreement in their Marriage Settlement."
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. Holford and Mr. John Bennet:
To carry down the said Bill, and desire their Concurrence thereunto.
Causes put off.
Whereas To-morrow is appointed, for hearing the Cause wherein Ralph Freman Esquire and others are Appellants, and Sir Cleave More Baronet is Respondent:
It is Ordered, That the Hearing the said Cause be adjourned till Monday next; and that Mr. Asgill be then brought by the Marshal of The King's Bench, as before directed; and the other Causes on Cause-days removed in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum secundum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 22o Martii.
REX.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Mutiny and Desertion, to punish, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the bctter Payment of the Army and their Quarters."
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. Holford and Mr. John Bennet:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Chatter is Ferry Road, to Somersham Bridge, to repair, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Road leading from Chatteris Ferry, which divides the Isle of Ely from the County of Huntingdon, to Hammond's Eau; and from thence to Somersham Bridge, at Somersham Town's End, in the said County."
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. Holford and Mr. John Bennet:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Statute of Limitations, to render more effectual, Bill.
The Earl of Westmorland (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for rendering Part of the Act for Limitation of Actions, and for avoiding Suits in Law, more effectual," was committed, the Amendments made by the Committee to the said Bill.
Which, being read Twice by the Clerk, were, with Amendments to some of them, agreed to by the House.
Ordered, That the Bill, with the Amendments, be engrossed; and that the said Bill be read the Third Time on Thursday next.
Messages from H. C. to return Oldenburg and Dumoustier's Nat. Bill.
A Message was brought from the House of Commons, by Mr. Robert Hucks and others:
To return the Bill, intituled, "An Act for naturalizing Adam Oldenburg and Phillipe Dumoustier;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.
V. Castlemain and Tylney's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for making more effectual a Deed of Appointment executed by Frederick Tylney Esquire (late deceased), with respect to Twenty Thousand Pounds; and for settling the same for the Purposes herein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Saturday the Sixth Day of April next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Lanove, Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Lanove."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees before named:
Their Lordships, or any Five of them; to meet on Monday next, at the same Time and Place; and to adjourn as they please.
The House was adjourned during Pleasure, to robe.
The House was resumed.
His Majesty present:
His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."
Who being come, with their Speaker; the Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow;
Bills passed.
"1. An Act for punishing Mutiny and Desertion, and for the better Payment of the Army. and their Quarters."
"2. An Act for making more effectual an Act passed in the Fourth Year of the Reign of His late Majesty King George, intituled, An Act for repairing the Highways from Maidenhead Bridge to Sunning Lane End (next to Twyford), in the Road to Reading; and from the said Bridge to Henley Bridge, in the County of Berks."
"3. An Act for repairing the Road leading from Chatterls Ferry, which divides the Isle of Ely from the County of Huntingdon, to Hammond's Eau; and from thence to Somersham Bridge, at Somersham Town's End, in the said County."
To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)
"Le Roy le veult."
"4. An Act to enable Robert Ellison Esquire, and the Heirs and Issue of his Body, to take and use the Surname of Carre, according to the Will of his Uncle Francis Carre Esquire, deceased."
"5. An Act for naturalizing Abraham Wesselow."
"6. An Act for naturalizing Adam Oldenburg, Phillipe Dumoustier, and others."
To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)
"Soit fait comme il est desire.
Then His Majesty was pleased to retire; and the Commons returned to their House.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
Wittewronge & al. Leave for a Bill.
After reading, and considering, the Report of the Judges to whom the Petition of George Wittewronge and others was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read,
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Estate late of Sir John Wittewronge Baronet, deceased, in the County of Bucks, in Trustees, to enable them to convey the same to the most Noble Sarah Dutchess Dowager of Marlborough, the Purchaser thereof under a Decree of the High Court of Chancery."
Billingfley to enter into Recognizances for York Buildings Company.
The House being moved, "That John Billingsley Gentleman may be permitted to enter into Recognizances for the Governor and Company of Undertakers for raising the Thames Water in York Buildings on account of their Two Appeals depending in this House, to which Sir John Meres and Rowland Ainsworth Esquire are Respondents:"
It is Ordered, That the said John Billingsley may enter into Recognizances for the said Appellants, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ 25o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Staines versus Maddock.
The Answer of Edward, Robert, Thomas, John, William, and Sarah Maddock, Infants, by Robert Maddock their prochein Amie, to the Appeal of John Staines, was brought in.
Bp. of Bangor takes the Oaths.
This Day Thomas Lord Bishop of Bangor took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered in a Certificate of his receiving the Sacrament; to the Truth whereof Witnesses were sworn and examined.
Nicholls's Pet. referred to Judges.
Upon reading the Petition of William Nicholls, Frank Nicholls, and Samuel Foot Nicholls, Sons of John Nicholls Esquire, deceased; praying Leave to bring in a Bill, for Sale of Part of an Estate in the Petition mentioned, for Payment of the Debts and Legacies of the Petitioners Father, and the Debts of the Petitioner William Nicholls; and for settling the Residue thereof to such Uses as are contained in the last Will and Testament of the said John Nicholls:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and Mr. Justice Price; with the usual Directions, according to the Standing Orders.
Cherrington Common Fields to enclose, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for appointing Commissioners, to make a Division of certain Common Fields, Lands, and Wastes, in the Parish of Cberrington, in the County of Gloucester, among the Proprietors, in order to enclose the same."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Friday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Wittewronge's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Estate late of Sir John Wittewronge Baronet, deceased, in the County of Bucks, in Trustees, to enable them to convey the same to the most Noble Sarah Dutchess Dowager of Marlborough, the Purchaser thereof under a Decree of the High Court of Chancery."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees above named:
Their Lordships, or any Five of them; to meet on Tuesday the Ninth Day of April next, at the same Time and Place; and to adjourn as they please.
Lanove, Nat. Bill.
The Lord Bishop of Carlisle reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Lanove," was committed: "That they had considered the said Bill, and gone through the same, and directed him to report the Bill to the House, without any Amendment."
Freman & al. versus Sir C. More:
After hearing Counsel, upon the Petition and Appeal of Ralph Freman, Franklyn Miller, Esquires, Elizabeth Greenhill Spinster, and John Ellis Esquire; complaining of Two Decrees of the Court of Exchequer, made the Twenty-eighth of January 1725, and the Ninth of July 1726, in a Cause wherein Sir Cleave More Baronet was Plaintiff, and the Appellants and others were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Sir Cleave More put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Decrees affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decrees therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said Respondent, the Sum of Forty Pounds, for his Costs in respect of the said Appeal.
E. of Buchan, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom the Petition of the Right Honourable David Earl of Buchan and others was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting in Trustees divers Lands, in the several Counties of Berks, Bucks, Wilts, Oxford, and York, the Estate of David Earl of Buchan, for the Purposes therein mentioned."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum sextum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 26o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Sir H. Tynte & al. Leave for a Bill:
After reading, and considering, the Report of the Judges to whom the Petition of Sir Halswell Tynte Baronet, Dame Mary his Wife, and others, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Estate of Sir Halswell Tynte Baronet and Dame Mary his Wife (in Right of Dame Mary) in Trustees, to be settled to the Uses in their Marriage Articles."
Wheler's Bill.
The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Manors of Shirfield, and divers Lands and Hereditaments in the County of Southampton, the Estate of Granville Wbeler Esquire, in Trustees, discharged of the Uses in a former Settlement; he having settled an Estate in the County of Kent to the same Uses, in Lieu thereof," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true, 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 by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
E. of Buchan's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting in Trustees divers Lands, in the several Counties of Berks, Bucks, Wilts, Oxford, and York, the Estate of David Earl of Buchan, for the Purposes therein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Wednesday the Tenth Day of April next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
L. Morpeth & al. Leave for a Bill.
Upon reading the Petition of Henry Viscount Morpeth, Lord of the Manor of Orton cum Butolphsbridge, in the County of Huntingdon; and also of Francis Lockier Doctor in Divinity, Dean of the Cathedral Church of Peterborough, on the Behalf of himself and the Chapter of the said Church; and also of Bernard Lewis Rector of the united Parishes of Overton Longville cum Butolphsbridge aforesaid; and also of Charles Parker Esquire and other his Co-trustees, Trustees of the Charity established by the Will of Edmond English deceased; praying Leave to bring in a Bill, for confirming an Agreement between the Petitioners, to enclose and divide the Common Fields and Common Grounds, lying within the Manors and Parishes of Overton Longville and Butolphsbridge aforesaid; and to make several Exchanges of their respective Properties within the same Parishes, in order to make the said Enclosure and Division more commodious and beneficial to the several Parties:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Middleton versus Roberts & al. et è contra:
After hearing Counsel in Part, upon the amended original Appeal of Philip Middleton Merchant; complaining of a Decree of the Court of Chancery, made the Seventh Day of March 1723, in a Cause wherein John Roberts Esquire was Plaintiff, and the Appellant and others were Defendants; and in a Cross Cause, wherein the said Appellant was Plaintiff, and the said John Roberts and others were Defendants: As also upon the cross amended Appeal of the said John Roberts, to which the said Philip Middleton and others are Respondents:
It is Ordered, That the further Hearing the said Causes be adjourned till To-morrow, at Eleven a Clock.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 27o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Blakeney versus Byrne.
The Answer of Walter Byrne Esquire, to the Appeal of Catherine Blakeney and Mable Blakeney, was this Day brought in.
Middleton versus Roberts & al. et è contra:
After hearing Counsel, as well Yesterday as this Day, upon the amended original Appeal of Philip Middleton Merchant; complaining of a Decree of the Court of Chancery, made the Seventh Day of March 1723, in a Cause wherein John Roberts Esquire was Plaintiff, and the Appellant, together with Thomas Seaman Esquire, and the same Thomas Seaman, as Administrator of Dame Joan Seaman deceased, Thomas Vere Gentleman and Frances his Wife, Joan Seaman an Infant, by her Guar dian, Richard Berney, and Robert Bene, Esquires, were Defendants; and in a Cross Cause, wherein the said Appellant was Plaintiff, and the said John Roberts and the several Persons above mentioned were Defendants; and praying, "That the said Decree may be rectified:" As also upon the cross amended Appeal of the said John Roberts, to which the said Philip Middleton and others are Respondents; complaining likewise of Part of the same Decree; and praying, "That so much thereof whereby the said Cross Appellant is aggrieved may be reversed:" As also upon the Answer of the said John Roberts, and the Answers of Henry Nelthrope Esquire and Joan his Wife, Elizabeth Seaman an Infant, and Edmund Lock Gentleman, the said Thomas Vere and his Wife, Richard Berney and Robert Bene, put in to the said Original Appeal: And likewife the Answers of the said Philip Middleton, Henry Nelthrope and his Wife, Elizabeth Seaman, Edmund Lock, Thomas Vere and his Wife, Richard Berney, and Robert Bene, put in to the said Cross Appeal.
And the Counsel on all Sides having been fully heard; and due Consideration had of what was offered in these Causes:
Decree affirmed, both Appellants to pay Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petitions and Appeals be, and are hereby, dismissed this House; and that the said Decree therein complained of be, and is hereby, affirmed: And it is further Ordered, That the Original Appellant and Cross Appellant do both of them pay, or cause to be paid, to the said several Respondents, the Sum of Ten Pounds, for their Costs sustained by their being made Parties to the said Appeals.
Morison versus V.Arbuthnot:
This Day being appointed, to hear Counsel, upon the Petition and Appeal of William Morison of Prestongrange Esquire; complaining of several Interlocutors of the Lords of Session in Scotland, of the Thirteenth of January 1716, the Eleventh of February, the Sixth of June, the Twenty-second of November, and Nineteenth of December following, made on the Behalf of John Lord Viscount of Arbuthnot; and praying, "That the same may be reversed:" As also upon the Answer of the said Lord Viscount put in to the said Appeal:
Counsel appeared for the Respondent; but no Counsel for the Appellant.
And the Respondent's Counsel being heard; and praying, "That the said Interlocutors may be affirmed; with Costs:"
And due Consideration had of what was offered in this Cause:
Interlocutors affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Imterlocutors therein complained of be, and are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondent, the Sum of Eighty Pounds, for his Costs in respect of the said Appeal.
Wheler's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Manors of Shirfield, and divers Lands and Hereditaments in the County of Southampton, the Estate of Granville Wheler Esquire, in Trustees, discharged of the Uses in a former Settlement; he having settled an Estate in the County of Kent to the same Uses, in Lieu thereof."
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. Lightboun and Mr. Masham:
To carry down the said Bill, and desire their Concurrence thereunto.
Sir H. Tynte Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Estate of Sir Halswell Tynte Baronet and Dame Mary his Wife (in Right of Dame Mary) in Trustees, to be settled to the Uses in their Marriage Articles."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Thursday the Eleventh Day of April next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Grainger & al. to attend on L. W. Powlett's Bill.
Ordered, That John Grainger, Thomas Sadler, John Lawton, Thomas Cremer, Henry Walter, John Wilkinson, Thomas Sculthorp, John Robinson, and George Bryars, do attend this House To-morrow, in order to be examined by the Committee of the whole House to whom the Bill, intituled, "An Act for Relief of the Right Honourable the Lord William Powlett, One of the Tellers of His Majesty's Exchequer, in respect of a Sum of Money stolen out of His Office in the Year 1724," stands committed.
Bealing's Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Guardians of Anna Elizabetha Bealing, an Infant about Four Years old, appointed by this Act, to grant Building Leases of her Fourth Part and Share of and in certain Messuages, Ground, and Hereditaments, in or near the Parish of St. Andrew, Holbourn, in the County of Middlesex," was committed: "That they had considered the said Bill, and gone through the same, and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Sheldon's Bill.
The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate of Francis Sheldon Esquire, a Lunatic, for discharging the Debts and Incumbrances affecting the same," was committed: "That they had considered the said Bill, and gone through the same, and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Overton Common Fields to enclose, Bill.
The Lord Delawarr presented to the House (according to the Order made Yesterday) a Bill, intituled, An Act for confirming the Enclosure and Division of the Common Fields and Common Grounds, within the Manors and Parishes of Overton Longville, and Butolphsbridge, in the County of Huntingdon."
The said Bill was read the First Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum octavum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
Die Martis, 6o Maii, 1729, hitherto examined by us,
Warrington.
Jo. Carliol.
De Lawarr.
DIE Jovis, 28o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Crowe's Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Christopher Crowe, of Woodford Hall in the County of Essex, Esquire, to sell, or otherwise dispose of, the Mansion-house called Woodford Hall, and all other his Lands and Hereditaments at Woodford, comprized in his Settlement thereof; he having settled other Lands and Hereditaments, in the County of York, of greater Value, to the same Uses, in Lieu thereof," was committed: "That they had considered the said Bill, and gone through the same, and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Brown's Bill.
The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Thomas Brown Gentleman to grant Building Leases of his Estate in the Town of Manchester, in the County of Lancaster," was committed: "That they had considered the said Bill, and gone through the same, and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Staines versus Maddock & al. Pet. for a Bye-day, &c.
Upon reading the Petition of Edward, Robert, Thomas, John, William, and Sarab Maddock, Infants, by Robert Maddock, their prochein Amie, Respondents to the Appeal of John Staines; praying, "That a Byeday may be appointed, for hearing the said Appeal; and that the said Appellant may be required to bring certain South Sea and East India Bonds before the Clerk, or give Security for the same:"
It is Ordered, That the said Petition be taken into Consideration on Monday next; and the Lords to be summoned.
Winckworth to put off the Hearing of his Cause.
Upon reading the Petition of John Winckworth Esquire; praying, "That the Hearing his Appeal, to which Mark Anthony Najack Esquire is Respondent, which stands for Monday next, may be put off till the next Day, in regard Mr. Fazakerly the Petitioner's Counsel cannot attend; his Mother in Law, Mrs. Lutwych, being to be buried that Day:"
And thereupon the Agents on both Sides being called in:
And the Respondent's Agent consenting to the putting off the said Cause:
And being withdrawn:
It is Ordered, That the Hearing the said Cause be put off to Tuesday next.
Basingstone Road to repair, Bill.
A Message was brought from the House of Commons by Mr. Conduit and others:
With a Bill, intituled, "An Act for repairing the Road from The Powder Mills on Hounslow Heath, in the County of Middlesex, to a Place called Basingstone, near the Town of Bagsbot, in the Parish of Windlesham, in the County of Surrey;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Le Grand, Leave to withdraw his Appeal from the Rolls.
Upon reading the Petition of Jacob George Le Grand, Appellant in a Cause depending in this House, to which Gerrard Vanneck is Respondent; praying, "In regard the Decree of the Master of the Rolls, from which the Petitioner has appealed, is not signed by the Lord Chancellor, or enrolled in the Court of Chancery; that the Petitioner may be at Liberty to withdraw his said Appeal, without Prejudice, and with Liberty to appeal to the Lord Chancellor, and to apply to his Lordship to re-hear the Cause, if he shall think fit:
It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, as desired; and that he be also at Liberty to apply to the Lord Chancellor, according to the Prayer of the said Petition.
Statute of Limitations, to render more effectual, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for rendering Part of the Act for Limitation of Actions, and for avoiding Suits in Law, more effectual."
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. Lightboun and Mr. Masham:
To carry down the said Bill, and desire their Concurrence thereunto.
L. W. Powlett's Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for Relief of the Right Honourable the Lord William Powlett, One of the Tellers of His Majesty's Exchequer, in respect of a Sum of Money stolen out of his Office in the Year One Thousand Seven Hundred and Twenty-four."
And, after some Time spent therein, the House was resumed.
And the Lord Delawarr reported from the said Committee, "That they had made some Progress in the said Bill; and desire another Time may be appointed, for the House to be in a Committee again upon the said Bill."
Ordered, That on Monday next this House shall be put into a Committee again, to consider further of the said Bill; and the Lords to be summoned.
Consideration of Matters relating to Appeals and Writs of Error, put off.
The other Order of the Day being read, for the House to be in a Committee, to take into further Consideration Matters relating to the Proceedings on Appeals and Writs of Error:
It is Ordered, That the House be put into a Committee thereupon on Monday next.
Doctors Commons versus D-an and Chapter of St. Paul's & al.: Motion for a Bye-day.
The House being moved, "That a Bye-day may be appointed, for hearing the Cause wherein John Bettesworth Doctor of Laws, Dean of the Arches, and others, are Appellants, and the Dean and Chapter of St. Paul's, and others, are Respondents:"
It is Ordered, That on Monday next this House will take the said Motion into Consideration; and the Lords to be summoned.
Sheldon's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Francis Sheldon Esquire, a Lunatic, for discharging the Debts and Incumbrances affecting the same."
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. Lightboun and Mr. Masham:
To carry down the said Bill, and desire their Concurrence thereunto.
Bealing's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Guardians of Anna Elizabetha Bealing, an Infant about Four Years old, appointed by this Act, to grant Building Leases of her Fourth Part and Share of and in certain Messuages, Ground, and Hereditaments, in or near the Parish of St. Andrew Holbourn, in the County of Middlesex."
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. Lightboun and Mr. Masham:
To carry down the said Bill, and desire their Concurrence thereunto.
Overton common Fields to enclose, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for confirming the Enclosure and Division of the Common Fields and Common Grounds, within the Manors and Parishes of Overton Longville and Butolphsbridge, in the County of Huntingdon."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Wednesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Collins, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom the Petition of Henry Collins Gentleman and Anne his Wife, and of Mary Collins their Infant Daughter, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
His Bill for Sale of an Estate at Crondal.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting an undivided Fifth Part of a Leasehold Estate in Crondal, in the County of Southampton, in Trustees, to be sold; and, with the Money arising by the Sale thereof, to purchase One or more Estate or Estates in Possession, to be settled to the same Uses."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 29o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Crowe's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Christopher Crowe, of Woodford Hall, in the County of Essex, Esquire, to sell or otherwise dispose of the Mansion-house called Woodford Hall, and all other his Lands and Hereditaments at Woodford, comprized in his Settlement thereof; he having settled other Lands and Hereditaments, in the County of York, of greater Value, to the same Uses, in Lieu thereof."
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. Lightboun and Mr. Masham:
To carry down the said Bill, and desire their Concurrence thereunto.
Brown's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Thomas Brown Gentleman to grant Building Leases of his Estate, in the Town of Mancbester, in the County of Lancaster."
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. Lightboun and Mr. Masham:
To carry down the said Bill, and desire their Concurrence thereunto.
E. Shaftcsbury's Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to settle a Jointure on Susanna Countess of Shaftcsbury, Wife of Anthony Earl of Shaftcsbury, in Lieu and Bar of her Dower, or Thirds at the Common Law," was committed: "That they had considered the said Bill; and that the Committee had gone through the same, and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Basingstone Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Road from The Powder Mills on Hounslow Heath, in the County of Middlesex, to a Place called Basingstone, near the Town of Bagshot, in the Parish of Windlesham, in the County of Surrey."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
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.
Collins, Sale of an Estate at Crondal, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting an undivided Fifth Part of a Leasehold Estate in Crondal, in the County of Southampton, in Trustees, to be sold; and, with the Money arising by the Sale thereof, to purchase One or more Estate or Estates in Possession, to be settled to the same Uses."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees before named:
Their Lordships, or any Five of them; to meet on Monday the Fifteenth Day of April next, at the same Time and Place; and to adjourn as they please.
Caddel & al. versus Swinton.
This Day being appointed, to hear Counsel, upon the Petition and Appeal of Jean and Euphan Caddel, Sisters to William Caddel Writer to the Signet, deceased, and James Allerdice Merchant in Edinburgh Husband to the said Jean, and James Langlands of Montfis Husband to the said Euphan, and Colonel Francis Charteris of Ampsfield, complaining of several Decrees of the Lords of Session in Scotland, made the Fourteenth and Fifteenth of July, and Sixteenth of November, 1726, in a Cause wherein Mr. John Swinton was Plaintiss, and the Appellants were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said John Swinton put in to the said Appeal:
And the Counsel were directed to be called in.
But none attending; nor any Agent on either Side:
Appeal dismissed, no Councel appearing.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House.
L. W Pawlett's Bill, Judges to attend.
Ordered, That the Judges in Town do attend this House on Monday next, when a Committee of the whole House is appointed to consider further of the Bill, intituled, "A Act for Relief of the Right Honourable the Lord William Powlett, One of the Tellers of His Majesty's Exchequer, in respect of a Sum of Money stolen out of his Office in the Year One Thousand Seven Hundred and Twenty-four."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, primum diem Aprilis jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.