Journal of the House of Lords Volume 23, 1727-1731. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
'House of Lords Journal Volume 23: March 1727, 11-20', 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/pp68-78 [accessed 6 October 2024].
'House of Lords Journal Volume 23: March 1727, 11-20', 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/pp68-78.
"House of Lords Journal Volume 23: March 1727, 11-20". 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/pp68-78.
In this section
March 1726, 11-20
DIE Lunæ, 13o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Kerrich versus Kerrich.
This Day the several Answers of Anne Kerrich Widow, Giles Bladwell and Elizabeth his Wife, to the Appeal of John Kerrich:
Caddell versus Swinton.
As also, the Answer of John Swinton of Swinton Esquire, to the Appeal of Jean and Euphan Caddell and others;
Were brought in.
Chesman & Ux. versus Nainby.
The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up the Transcript of the Record upon a Writ of Error; wherein
David Chesman and Elizabeth his Wife are Plaintiffs, and Margery Nainby Widow is Defendant.
E. Bristol's Privilege:
Complaint being made to the House, and Oath made at the Bar, "That Christopher Boughton, of Barrow, in the County of Suffolk, Clerk, had uttered insolent, scandalous, and contemptuous Words, highly reflecting on the Earl of Bristol, in Breach of his Lordship's Privilege, and the Privilege of this House:"
Boughton to be attached, for insolent Words.
It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Christopher Boughton, and bring him to this House, to answer for his said Offence; and this shall be a sufficient Warrant on that Behalf.
Mr. Hamilton's Petition, to amend L. Lovat's Appeal.
A Petition of Alexander Hamilton, Agent for Simon Lord Lovat, Appellant in a Cause depending in this House, to which Sir James Mackenzie and others are Respondents, was presented to the House, and read; praying, "That the said Appellant may be permitted to amend the Prayer of his said Appeal, by adding the Name of Kenneth Mackenzie; and that the said Kenneth Mackenzie may put in his Answer thereto."
And the Agents on both Sides being called for; but the Respondents Agent not attending:
It is Ordered, That the said Petition do lie on the Table.
Stratton & al. versus Payne:
After hearing Counsel, upon the Petition and Appeal of Nathaniel Stratton Esquire and Mary his Wife, William Stratton, Edward Stratton, Nathaniel Stratton Junior, and John Stratton, Children of the said Nathaniel and Mary Stratton; complaining of a Decree of the Court of Chancery, made the Twenty-third Day of July last, in a Cause wherein Anne Payne Spinster was Plaintiff, and the Appellants were Defendants; and praying, That the same may be reversed; and the Plaintiff's Bill, so far as it concerns her demanding a Moiety of South Sea Stock, and other the Personal Estate of William Payne Gentleman, deceased, to be assigned to her for her own Use, and at her Disposal, be dismissed, with Costs:" As also upon the Answer of the said Anne Payne put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Decree affirmed.
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 Decree therein complained of be, and the same is hereby, affirmed.
J. Kerrich versus Bransby & al.: A. Kerrich & al. versus Bransby & al.
The House being moved, "That a Day may be appointed, for hearing the Causes wherein John Kerrich is Appellant, and Bridget Bransby and others are Respondents; and wherein Anne Kerrich Widow, Giles Bladwell and Elizabeth his Wife, are Appellants, and Bridget Bransby and others are Respondents; the said Causes being much of the same Nature:"
It is Ordered, That this House will hear the said Causes, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.
Governors of Q. Anne's Bounty, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting several Sums of Money, given for Charitable Uses, in the Archbishop of Canterbury, the Bishop of Ely, and the Dean of Canterbury; and to empower them to place the same with the Governors of Queen Anne's Bounty, in order to augment several poor Livings, in the Dioceses of Canterbury and Ely."
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. Yard:
To carry down the said Bill, and desire their Concurrence thereunto.
Dunne's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Daniel Dunne Esquire, by Sale or Mortgage of Part of his Estate, to raise Money, to pay off and discharge the Portions of his Brothers and Sister, and a Mortgage of One Thousand Eight Hundred Seventy-seven Pounds affecting 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 Wednesday the Twenty-ninth Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Address for a Copy of the Emperor's Memorial.
Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order to be laid before this House a Copy of the Memorial lately delivered to His Majesty by Monsieur De Palm, Resident of His Imperial Majesty."
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
Motion for a Copy of the Offensive Alliance between the Emperor and King of Spain.
Then, a Motion was made, "That an humble Address be presented to His Majesty, that He will be graciously pleased to order to be laid before this House, a Copy of all Offensive Alliances lately made between the Emperor and the King of Spain, if any such have been communicated to His Majesty."
Which being objected to;
After Debate;
The Question was put, "Whether such an Address shall be presented to His Majesty?"
It was Resolved in the Negative.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 14o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Disbrow to use the Name of Spancer, Bill.
A Message was brought from the House of Commons, by Mr. Thomas Bacon and others:
With a Bill, intituled, "An Act for enabling John Disbrow Gentleman, and his Issue, to take and use the Surname of Spencer;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Morison versus Viscount Arbuthnot.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Morison of Prestoungrange Esquire is Appellant, and John Lord Viscount of Arbuthnot Respondent:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.
Caddels & al. versus Swinton.
The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Jean and Euphan Caddels, (fn. 1) Sisters to William Caddel Writer to the Signet, deceased, James Allerdice, James Langlands, and Colonel Francis Charteris, are Appellants, and Mr. John Swinton is Respondent:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the next vacant Day for Causes after those already appointed.
Dillon & Ux. versus Viscount Mount Cashell and Magan.
The House being likewise moved, "That a Day may be appointed, for hearing the Cause wherein Robert Dillon Esquire and the Lady Shaen his Wife are Appellants, and Catherine Viscountess Dowager Mount Cashell and Morgan Magan Esquire are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the next vacant Day for Causes after those already appointed.
Dillon & Ux. versus Shaens and Magan.
The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Robert Dillon Esquire and Susanna Lady Shaen his Wife are Appellants, and Frances, Elizabeth, and Susanna Shaen, Minors, by their Guardian Thomas Magan Esquire, are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the next vacant Day for Causes after those already appointed.
Yates's Bill.
The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of certain Houses and Lands, in the Town and Liberties of Bridgnorth, in the County of Salop, contained in the Marriage Settlement of John Yate Gentleman; and for the purchasing and settling other Lands, of as great Yearly Value, to the same Uses," 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, with some Amendments."
Which, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Gounter to use the Name of Nicoll, Bill:
The Lord Bishop of Norwich also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Charles Nicoll alias Gounter Esquire, and his Issue Male, to take and use the Surname of Nicoll, pursuant to the Deed of Settlement of William Nicoll, Esquire, deceased," was committed: "That they had considered the said Bill; and directed him to report the same to the House, without any Amendment."
Then the said 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. Holford and Mr. Yard:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Sainthill's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act settling certain Lands and Tenements of Edward Sainthill the Elder, Esquire, therein mentioned, pursuant to an Agreement, made on the Marriage of Edward Sainthill his Son, with Frances the Daughter of Sir Walter Yonge Baronet."
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 Twenty-ninth Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Lord Lovat Leave to amend Appeal.
The House took into Consideration the Petition of Alexander Hamilton, Agent for Simon Lord Lovat, Appellant in a Cause depending in this House, to which Sir James Mackenzie and others are Respondents, which was Yesterday ordered to lie on the Table; praying, "That the said Appellant may be permitted to amend the Prayer of his said Appeal, by adding the Name of Kenneth Mackenzie; and that the said Kenneth Mackenzie may put in his Answer thereto."
And the said Petition being again read:
And the Petitioner and Mr. Ross, Agent for the Respondents, attending; they were called in, and heard in relation to the said Petition.
And being withdrawn:
It is Ordered, That the Petitioner, Agent for the said Appellant, be at Liberty to amend the said Appeal; and that the said Kenneth Mackenzie be, and is hereby, required to put in his Answer thereunto, in Writing, with all convenient Speed; but this not to put off the Hearing the said Appeal, against the other Respondents, at the Time appointed.
His Majesty's Answer to the Address for the Emperor's Memorial.
The Lord Steward acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of this House Yesterday, "That He would be graciously pleased to order to be laid before the House a Copy of the Memorial lately delivered to His Majesty by Mons'r De Palm, Resident of His Imperial Majesty;" and that His Majesty was pleased to say, He would forthwith give Directions, that a Copy of the said Memorial should be laid before the House."
Beverley Beck Creek to cleanse, Bill,
A Message was brought from the House of Commons, by Sir Charles Hotham and others:
With a Bill, intituled, "An Act for cleansing, deepening, and widening, a Creek called Beverley Beck, running into the River Hull; and for repairing the Staithes near the said Beck; and for amending the Roads leading from the said River, to the Town of Beverley, in the East Riding of the County of York; and for cleansing the Streets of the said Town;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Emperor's Resident Mons. De Palm's Memorial delivered:
The Lord Viscount Townshend (by His Majesty's Command) presented to the House, "A Copy of Mons'r De Palm's Memorial to the King, London, 2/13 March, 1726/7, with a Translation of the same."
And the said Translation being read:
It was moved, "To appoint To-morrow, at Twelve a Clock, to consider the said Memorial; and nothing to intervene; and the Lords to be summoned."
Which being objected to:
After Debate;
The Question was put, upon the said Motion.
And it was Resolved in the Negative.
Conference desired by the Commons about it:
A Message was brought from the House of Commons, by the Lord Harvey and others:
To desire a Conference with this House, upon a Matter of the highest Importance to the Honour and Dignity of the Imperial Crown of Great Britain.
To which the House agreed.
And the Messengers were called in; and told, "That the Lords do agree to a Conference, as is desired; and appoint it immediately, in the Painted Chamber."
Managers.
Then the Lords following were named Managers of the Conference; (videlicet,)
The House being informed, "That the Managers for the Commons were ready, in the Painted Chamber:"
The Names of the Managers for the Lords were read.
The House was adjourned during Pleasure, and the Lords went to the Conference.
Which being ended, the House was resumed.
Conference repoited.
And the Lord Privy Seal reported, "That the Managers had been at the Conference; and that the Commons had acquainted their Lordships, That, upon Consideration of the Memorial presented to His Majesty by Mons'r De Palm, the Emperor's Resident, they had agreed upon an Address to be presented to His Majesty; to which they desire the Concurrence of this House."
And his Lordship read the same.
His Lordship also further reported, "That the Managers for the Commons had also delivered a Copy of the said Memorial, and a Translation of the same; together with a printed Copy of the said Translation, which has been dispersed throughout the Kingdom."
And his Lordship delivering the several Papers in at the Table:
The said Address was read, by the Clerk.
And it being proposed, "To read the same, Paragraph by Paragraph:"
And the First Paragraph, being again read, was, with filling up the Blank with ["Lords Spiritual and Temporal and"], agreed to.
Then the following Paragraphs, being severally read, were also agreed to.
Which Address, so agreed to, is as follows; (videlicet,)
Address of both Houses, on the Emperot's Memorial:
"Most Gracious Sovereign,
"We, Your Majesty's most dutiful and faithful Subjects, the Lords Spiritual and Temporal and Commons of Great Britain in Parliament assembled, think it our indispensable Duty, to express the highest Resentment at the Affront and Indignity offered to Your Most Sacred Majesty, by the Memorial delivered by Monsieur De Palm, the Emperor's Resident; and at his Insolence, in printing and dispersing the same throughout the Kingdom.
"This audacious Manner of appealing to the People, against Your Majesty, under the Pretext of applying to You for Redress and Reparation of supposed Injuries, and turning a Memorial presented to Your Majesty into a seditious Libel, is a Proceeding that creates in us the utmost Abhorrence and Detestation.
"The endeavouring to instill into the Minds of any of Your faithful Subjects the least Distrust or Diffidence in Your Majesty's most Sacred Royal Word, or to make a Distinction between Your Majesty and Your People, is an Attempt as vain as presumptuous; for, by Your Goodness, the Interest of Your Majesty and Your People is but One; and as inseparable, as their Duty and Affection, and Confidence in Your Majesty, are most justly and deservedly unalterable: And if Time has not effaced the Memory of the glorious Exploits and important Succours (confessed to have been received from Great Britain); Gratitude, Affection, and Esteem for this Nation, will be best manifested, by doing Honour to the King, whom the People honour; and Justice to the People, whose Rights and Privileges the Best of Kings is now defending, against the Invasions and Encroachments made upon them.
"We return Your Majesty our sincerest Thanks, for Your Care and Vigilance, in discovering the secret and pernicious Designs of Your and our Enemies; and for Your Goodness, in communicating to Your Parliament the Dangers that threatened this Kingdom.
"And we beg Leave to assure Your Majesty, that no Amusements, by artful or evasive Denials, shall lead us into a false Security, or divert us from exerting ourselves, in Vindication of Your Majesty's Honour, and in defending and supporting Your Majesty, against all Your open and secret Enemies, both at Home and Abroad.
"And if any among Your own Subjects have been so wicked as to countenance, encourage, or abet, the Disturbers of the public Tranquility, in this extravagant Insult upon Your Majesty; or flattered them with Hopes, that an obstinate Perseverance in their destructive Measures could stagger the Firmness of the British Nation; we are resolved effectually to defeat all such groundless Expectations; and to convince the World, that the Intrigues of a few cannot in any Degree abate or slacken that Vigour and Resolution with which a true Love and Concern for our Country, a just Sense of its Interests, and an unshaken Loyalty to Your Majesty, have inspired us."
Then it was agreed, that the Commons be acquainted, at a Conference, "That the Lords have agreed to the said Address, with filling up the Blank with ["Lords Spiritual and Temporal and"]."
Message to H. C. for a Conference about it.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Yard:
To desire a Conference, To-morrow, at One a Clock, in the Painted Chamber, upon the Subject-matter of the last Conference.
Cahill to enter into a Recognizance for Donnellan & al.
The House being moved, "That Christopher Cahill Gentleman may be permitted to enter into a Recognizance for William Donnellan and Mary his Wife, John Cahill and Ellinor his Wife, on account of their Appeal depending in this House, to which Sir Sir William Taylor Baronet is Respondent; the Appellants residing in Ireland:"
It is Ordered, That the said Christopher Cahill may enter into a Recognizance for the said Appellants, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 15o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Yate's Bill;
Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of certain Houses and Lands, in the Town and Liberties of Bridgnorth, in the County of Salop, contained in the Marriage Settlement of John Yate Gentleman; and for the purchasing and settling other Lands, of as great Yearly Value, to the same Uses."
The Question was put, "Whether this Bill shall pass, with the Amendments?"
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. Yard:
To carry down the said Bill, and desire their Concurrence thereunto.
Beverley Beck Creek, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for cleansing, deepening, and widening, a Creek called Beverley Beck, running into the River Hull, and for repairing the Staithes near the said Beck; and for amending the Roads leading from the said River to the Town of Beverley, in the East Riding of the County of York; and for cleansing the Streets of the said Town."
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.
Common Fields in Scarcliffe, to enclose, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for appointing Commissioners, to make a Division of certain Common Fields and Wastes, in the Townships of Scarcliffe and Palterton, in Derbyshire, among the Proprietors, in order to enclose the same," was committed: "That they had considered the said Bill, and gone through the same, with several Amendments."
Which, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Sir Jermin Dewes versus Norton.
Upon reading the Petition and Appeal of Sir Jermin Dewes Baronet; complaining of a Decree of the Court of Chancery, made the Twenty-fifth of January last, in a Cause wherein the Petitioner was Plaintiff, and Thomas Norton Esquire Defendant; and praying, "That the same may be reversed:"
And thereupon Edmund Beswick being called in, and sworn; he acquainted the House, "That the said Decree was not as yet entered."
And being withdrawn:
It is Ordered, That the said Thomas Norton may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the Twenty-ninth Day of this Instant March.
Disbrow to use the Surname of Spencer, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enabling John Disbrow Gentleman, and his Issue, to take and use the Surname of Spencer."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees beforenamed:
Their Lordships, or any Five of them; to meet at the same Place, on the same Day; and to adjourn as they please.
Conference on Address, touching the Emperor's Memorial:
The Messengers sent Yesterday to the House of Commons, to desire a Conference with that House, upon the Subject-matter of the last Conference, return Answer:
That the Commons do agree to a Conference, as desired.
The House being informed, "That the Managers for the Commons were ready, in the Painted Chamber;"
The former Managers Names were read.
And the House was adjourned during Pleasure, and the Lords went to the Conference.
Which being ended, the House was resumed.
And the Lord Privy Seal reported, "That the Managers had been at the Conference; and acquainted the Managers for the Commons, "That this House had agreed to the Address delivered by them at the Conference Yesterday;" and had returned the Memorials by them delivered at the same Time."
Whole House to attend His Majesty:
Ordered, That the whole House do attend His Majesty, with the said Address.
Lords with White Staves to know when His Majesty will be attended.
Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time He will be pleased to appoint to be attended, with an Address of both Houses of Parliament.
Walker versus Nightingale:
After hearing Counsel, upon the Petition and Appeal of John Walker of London Merchant; complaining of a Decree of the Court of Chancery, the Twenty-eighth Day of April One Thousand Seven Hundred and Twenty-five, and all Orders and Proceedings of the said Court, subsequent thereto, in an Original Cause, wherein Joseph Gascoigne Nightingale Esquire, Executor of Robert Gascoigne Nightingale Esquire, deceased, who was Executor of Sir Robert Nightingale Baronet, deceased, was Plaintiff, and the Appellant and Francis Chamberlain were Defendants; and of an Order of Dismission, and all subsequent Orders and Proceedings, in a Cross Cause, wherein the Appellant was Plaintiff, and the said Nightingale and Chamberlain were Defendants; and praying, "That the same may be reversed, and the Appellant's Cross Bill retained; and that the Matters therein prayed may be decreed to the Appellant; or that he may have such other Relief as to the House shall seem meet:" As also upon the Answer of the said Joseph Gascoigne Nightingale put in to the said Appeal:
And due Consideration had of what was offered on either Side in this Cause:
Decree and Orders affirmed, with Colts.
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 Decree, Orders, and Proceedings, therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be, paid, to the Respondent Nightingale, the Sum of One Hundred Pounds, for his Costs in respect of the said Appeal.
His Majesty to be attended with the Address:
The Lord Steward acquainted the House, "That the Lords with White Staves (according to Order) had waited on His Majesty, humbly to know what Time He would be pleased to appoint to be attended, with an Address of both Houses of Parliament; and that His Majesty had been pleased to appoint Tomorrow, at Two a Clock, at His Palace of St. James's."
Message to acquaint the Commons.
Then a Message was sent to the House of Commons, by Mr. Holford and Mr.Yard:
To acquaint them, "That His Majesty had appointed to be attended, with an Address of both Houses of Parliament, To-morrow at Two a Clock, at His Palace of St. James's; and that the Lords intend to be there at that Time."
Causes put off.
Whereas To-morrow is appointed, for hearing the Cause wherein Charles Duke of Grafton is Appellant, and Thomas Horton an Infant, by Alice Horton his Mother and next Friend, Respondent:
It is Ordered, That the Hearing the said Cause be adjourned to Friday next; and the other Causes removed One Cause-day in Course.
Palmer & al. Leave for a Bill:
After reading, and considering, the Report of the Judges to whom the Petition of Anthony Palmer and Susannah his Wife, on Behalf of themselves, and of Anthony, William, and John, Infants, their Three Sons and only Children; and also of Lewis Buckle of Borden in the County of Southampton Esquire, 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 confirming a Sale made by Anthony Palmer to Lewis Buckle Esquire, of certain Copyhold Lands and Hereditaments, Parcel of the Manor of Eastmeon, in the County of Southampton; and for settling other Copyhold Lands and Hereditaments, Parcel of the same Manor, of as great or greater Value, to the same Uses as the said Lands so sold now sland limited."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum sextum diem inflantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 16o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Conway's Petition, for a shorter Day to hear Orlebar's Appeal.
Upon reading the Petition of Edward Conway Efquire, One of the Respondents to the Appeal of John Orlebar Esquire; setting forth, "That, by Order of this House of the Twenty-third of February last, the said Cause was appointed to be heard the First vacant Day for Causes after those already appointed; and praying, "In regard it will be a great Prejudice to the Petitioner if the same be not heard this Session of Parliament, that a short Day may be appointed for hearing thereof:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Twenty-ninth Day of this Instant March, when the Three Causes in relation to the Interest of the Suitors Money in Chancery stand peremptorily to be heard.
Chester and Edwards to be heard by Counsel, against Howward's Bill.
Upon reading the Petition of Thomas Chester and Thomas Edwards Esquires, Two of the Creditors of Charles William late Earl of Suffolk and Bindon, deceased, for and on the Behalf of themselves and several other Creditors of the said late Earl; praying, "That they may be heard, by their Counsel, against the Bill, intituled, "An Act for empowering the Honourable Charles Howard Esquire to raise Money, by Sale or Mortgage of the Manors of Walden alias Chipping Walden, Brooke Walden, and other Manors and Lands therein mentioned, for the Payment of the Debts of Charles William late Earl of Suffolk and Bindon, deceased, before the passing thereof:"
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioners may be heard, by their Counsel, if the Committee think fit.
Common Fields in Scarcliffe, to enclose, Bill
Hodie 3a vice lecta est Billa, intituled, "An Act for appointing Commissioners, to make a Division of certain Common Fields and Wastes, in the Townships of Scarcliffe and Palterton; in Derbyshire, among the Proprietors, in order to enclose 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. Holford and Mr. Yard:
To carry down the said Bill, and desire their Concurrence thereunto.
Palmer's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for confirming a Sale made by Anthony Palmer to Lewis Buckle Esquire, of certain Copyhold Lands and Hereditaments, Parcel of the Manor of Eastmeon, in the County of Southampton; and for settling other Copyhold Lands and Hereditaments, Parcel of the same Manor, of as great or greater Value, to the same Uses as the said Lands so sold now stand limited."
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 Thirtieth Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 17o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
King's Answer to the Address of both Houses, concerning the Emperor's Memorial, reported.
The Lord Chancellor reported, "That both Houses did Yesterday present to His Majesty their humble Address; and that His Majesty was pleased to return this most Gracious Answer; (videlicet,)
"My Lords, and Gentlemen,
"Your unanimous Concurrence in this dutiful and affectionate Address, gives Me the greatest Satisfaction: The just Concern you express for My Honour, and the Dignity of the Crown, is very becoming a British Parliament; and this fresh Proof of your Confidence in Me, will convince the World, that all Attempts to divide our Hearts and Interests will be vain and ineffectual."
Ordered, That the Address of both Houses of Parliament presented to His Majesty Yesterday, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.
Disbrow to use the Surname of Spencer, Bill:
The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling John Disbrow Gentleman, and his Issue, to take and use the Surname of Spencer," was committed: "That they had gone through the said Bill, and had directed him to report the same to the House, without any Amendment."
Then the said 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. Holford and Mr. Yard:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
D. Grafton versus Horton:
After hearing Counsel, upon the Petition and Appeal of Charles Duke of Grafton; complaining of an Order of the Court of Chancery, made the Seventeenth Day of May last, in a Cause wherein Thomas Horton an Infant, Son and Heir of John Horton, deceased, by Alice Horton his prochein Amie, was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said Thomas Horton, by Alice Horton his Mother and next Friend, put in to the said Appeal:
And due Consideration had of what was offered on either Side in this Cause:
Order reversed, Injunction dissolved.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order complained of in the said Appeal be, and is hereby, reversed; and that the Injunction continued by an Order of the said Court, the Tenth of May One Thousand Seven Hundred and Twenty-five, be, and is hereby, dissolved: And it is further Ordered, That the Respondent do accompt for the Rents and Profits of the Premises in Question, from the Time of his Entry into the Premises; and that he do forthwith deliver Possession thereof to the Appellant; and that the Court of Chancery do give proper Directions for taking the Accompt, pursuant to this Judgement: And it is hereby further Ordered, That the Respondent's Bill in the said Court be, and is hereby, dismissed, after the Accompt shall be taken, and the Money due thereon paid, and Possession delivered as afore directed.
Beverley Beck Creek, to cleanse, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for cleansing, deepening, and widening, a Creek called Beverley Beck, running into the River Hull, and for repairing the Staithes near the said Beck; and for amending the Roads leading from the said River to the Town of Beverley, in the East Riding of the County of York; and for cleansing the Streets of the said Town," 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."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 20o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Errington versus Carrick & al.
This Day the Answer of John Carrick Gentleman, Thomas Loraine Gentleman and Jane his Wife, and John Robson and Margaret his Wife, to the Appeal of William Errington Gentleman:
As also, the Answer of Frances Errington Spinster, to the said Appeal of William Errington;
Were brought in.
Mutiny and Desertion Bill.
A Message was brought from the House of Commons, by Mr. Pelham and others:
With a Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Orlebar versus Conway.
Upon reading the Petition of Alexander Hamilton, Agent for John Orlebar Esquire, Appellant in a Cause depending in this House, to which Edward Conway Esquire is Respondent; praying, "That the Order of this House of the Sixteenth Instant, for bringing forward the said Cause to be heard on the Twenty-ninth Day of this Month, may be discharged; the same being obtained without giving the Petitioner, or the said Appellant, Notice of the said Application, pursuant to the Standing Order:"
It is Ordered, That the said Order be discharged accordingly; and that this House will hear the said Cause, by Counsel, at the Bar, peremptorily, on Friday the One and Twentieth Day of April next, at Eleven a Clock.
Lord Southwell & al. Leave for a Bill:
After reading, and considering, the Report of the Judges to whom the Petition of Thomas Lord Southwell, in Behalf of himself, and of Thomas and Coningesby Southwell his Infant Sons, Mary Lady Southwell his Wife, Henry Southwell Esquire his Brother, 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 to enable Thomas now Lord Southwell, and his Trustees, to raise Money, by making Leases for Lives renewable for ever, and Fee Farms, and by Sale or Mortgage of certain Lands and Hereditaments, in the County of Limerick, in the Kingdom of Ireland, for Payment of Debts and Legacies; and other Purposes therein mentioned."
Browne versus Daly & al.
Upon reading the Petition and Appeal of Issidor Browne Gentleman; complaining of an Order, or Decree, of the Court of Exchequer in Ireland, of the Eighth of February 1726, in a Cause wherein the Appellant was Plaintiff, and Dennis Daly Esquire, and Francis Lord Baron of Athunry were Defendants; and praying, "That the same may be reversed:"
It is Ordered, That the said Dennis Daly and Francis Lord Athunry may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Twenty-Fourth Day of April next; and that Service of this Order on the Attorney or Attornies of the said Respondents, in the said Court of Exchequer in Ireland, be deemed good Service.
Haldane versus Anstruther & al.:
After hearing Counsel, upon the Petition and Appeal of Patrick Haldane Esquire; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Eighteenth of July 1722, the Thirty-first of January, the Ninth of July, and Twenty-sixth of December, 1723, the Thirteenth of February, the Eighteenth of June, the Second and Thirtieth of December, 1724, the Twenty-third of June, the Twentieth of July, and Eighteenth of November, 1725, and the Seventh of January 1726, made on the Behalf of Sir Alexander Anstruther Baronet, Robert Lumsden of Innergellie, and Lady Dowager of Innergellie his Mother, Mr. Walter Wilson, and Sir John Anstruther Baronet; and praying, "That the same may be reversed:" As also upon the joint and several Answers of the said Sir Alexander Anstruther, Robert Lumsden, and Lady Dowager of Innergellie, Walter Wilson, and Sir John Anstruther, put in to the said Appeal:
And due Consideration had of what was offered on either Side in this Cause:
Interlocutory Sentences affirmed.
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 several Interlocutory Sentences therein complained of be, and the same are hereby, affirmed, against the said Patrick Haldane the Appellant.
E. Suffolk against Howard's Bill.
Upon reading the Petition of Edward Earl of Suffolk; praying to be heard, by his Counsel, against the Bill, intituled, "An Act for empowering the Honourable Charles Howard Esquire to raise Money, by Sale or Mortgage of the Manois of Walden alias Chipping Walden, Brooke Walden, and other Manors and Lands therein mentioned, for the Payment of the Debts of Charles William late Earl of Suffolk and Bindon, deceased," before the passing thereof:
It is Ordered, That the Consideration of the said Perition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioner may be heard, by his Counsel, before the said Committee, as desired.
Mr. Howard to be heard by his Counsel, for the Bill.
Upon reading the Petition of the Honourable Charles Howard Esquire; praying, "In regard the Earl of Suffolk signed the Petition to this House, for Leave to bring in the Bill to empower the Petitioner to raise Money, for Payment of the Debts of Charles William late Earl of Suffolk and Bindon, deceased; and that the Petition of the said Earl of Suffolk plainly tends to no other Purpose but to retard the Payment of honest Creditors, and to continue a heavy Burthen upon the Petitioner and his Estate, that the same may not obstruct, or hinder, the passing thereof; but that the Petitioner may be heard, by his Counsel, in Support of the said Bill:"
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioner may be heard, by his Counsel, before the said Committee, as desired.
Amphlett's Bill.
The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting certain Copyhold and other Lands in John Amphlett Esquire, in Lieu of the Freehold Lands agreed to be purchased and settled on him by the Marriage Articles of Joseph Amphlett Esquire, his late Father, with Anne his Wife (both deceased); and for making Provision for the Younger Children of that Marriage," 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 same, with some Amendments."
Which, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments be engrossed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum primum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.