House of Lords Journal Volume 21
January 1719, 11-20

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History of Parliament Trust

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1767-1830

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43-50

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'House of Lords Journal Volume 21: January 1719, 11-20', Journal of the House of Lords: volume 21: 1718-1721 (1767-1830), pp. 43-50. URL: http://british-history.ac.uk/report.aspx?compid=113411 Date accessed: 24 April 2014. Add to my bookshelf


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January 1719, 11-20

DIE Lunæ, 12o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Sarum.
Epus. Hereford.
Epus. Cestr.
Epus. Glocestr.
Epus. Asaphens.
Epus. Lincoln.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Ds. Parker, Cancellarius.
Comes Sunderland, Præses.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Bolton.
Dux Marlborough.
Dux Bucks & Nor.
Dux Roxburgh.
Dux Portland.
Comes Lincoln.
Comes Dorset.
Comes Westmorland.
Comes Manchester.
Comes Peterborow.
Comes Stamford.
Comes Clarendon.
Comes Yarmouth.
Comes Nottingham.
Comes Abingdon.
Comes Holderness.
Comes Warrington.
Comes Bradford.
Comes Rochford.
Comes Orford.
Comes Greenwich.
Comes Godolphin.
Comes Cholmondeley.
Comes Orkney.
Comes Deloraine.
Comes Play.
Comes Oxford.
Comes Ferrers.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Stanhope.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
Ds. Delawar.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Brooke.
Ds. Bruce.
Ds. Lucas.
Ds. Lumley.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Ross.
Ds. Belhaven.
Ds. Harcourt.
Ds. Boyle.
Ds. Bathurst.
Ds. Bingley.
Ds. Carleton.
Ds. Coningesby.
Ds. Torrington.
Ds. Newburgh.
Ds. Pawlett Bas.

PRAYERS.

Message from H. C. to return the Bill for strengthening the Protestant Interest;

A Message from the House of Commons, by Hampden and others:

To return the Bill, intituled, "An Act for strengthening the Protestant Interest in these Kingdoms;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Sir the Bill for quieting Corporations.

A Message from the House of Commons, by Thomas Hanmer and others:

To return the Bill, intituled, "An Act for quieting and establishing Corporations;" and to acquaint this House, that they have agreed to their Lordships Amendments to Clause (A.) made by them to the said Bill.

and Glanvill's Bill.

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

To return the Bill, intituled, "An Act to enable William Glanvill Esquire to take upon him the Surname of Glanvill, instead of his Surname of Evelyn, pursuant to the Will of William Glanvill Esquire, deceased;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

Sir Peter Frazier versus Black.

After hearing Counsel, upon the Petition and Appeal of Sir Peter Frasier of Dooress Baronet; complaining of a Decree of the Lords of Session in Scotland, of the Sixteenth of November 1716, and of an Interlocutor of the Twelfth of July 1717, and several other Interlocutors, made on the Behalf of Isabel Black (alias Sandilands) Widow and Executrix of Mr. William Black Advocate; and praying, "That the same may be reversed:" As also upon the Answer of Isabel Sandilands put in thereunto; and due Consideration of what was offered on either Side in this Cause:

Judgement assirmed, 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 Decree and Interlocutors 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 Respondent, the Sum of Forty Pounds, for her Costs in respect of the said Appeal.

Davison's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting in John Porrett Gentleman, and his Heirs, Part of the Estate of Thomas Davison Esquire, at Stranton, Seaton Carew, and Thorp Thewles, in the County of Durham, freed from the Uses and Trusts of the said Thomas Davison's Marriage Settlement; and to settle other Lands, of better Value, to the same Uses."

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

L. Privy Seal.
D. Grafton.
D. Bucks & Nor.
E. Lincoln.
E. Dorset.
E. Westmorland.
E. Stamford.
E. Clarendon.
E. Yarmouth.
E. Abingdon.
E. Warrington.
E. Godolphin.
E. Play.
E. Strafford.
E. Cowper.
V. Townshend.
V. Hatton.
V. St. John.
L. Abp. York.
L. Bp. Sarum.
L. Bp. Hereford.
L. Bp. Chester.
L. Bp. Glocester.
L. Bp. Lincoln.
L. Bp. Exon.
L. Bp. Carlisle.
L. Bp. Peterborow.
L. Delawar.
L. North & Grey.
L. Hunsdon.
L. Compton.
L. Lucas.
L. Harcourt.
L. Boyle.
L. Hay.
L. Montjoy.
L. Bathurst.
L. Carleton.
L. Coningesby.

Their Lordships, or any Five of them; to meet on Tuesday the Seven and Twentieth Day of this Instant January at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

E. Westmorland, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Earl of Westmorland and Katherine Countess of Westmorland his Wife; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

D. Newcastle and Ld. Harley's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to render more effectual the Agreements that have been made between Thomas Holles Duke of Newcastle, Henry Pelham Esquire, Edward Lord Harley and the Lady Henrietta his Wife, William Vane and Gilbert Vane Esquires, Sons of Coristopher Lord Bernard, or any of them, in relation to the Will and Estate of John late Duke of Newcastle; and for settling the same in such Manner as may be agreeable to the Intent of the said Agreements; and for other Purposes therein mentioned."

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. Fellows and Mr. Meller:

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

E. Peterborow's Petition referred to Judges.

Upon reading the Petition of Charles Earl of Peterborow and Monmouth; praying Leave to bring in a Bill, for enlarging a Term of Years granted by an Act passed in the Fifth Year of the Reign of Their late Majesties King William and Queen Mary, intituled, "An Act for exchanging of several small Parcels of Land, in the Parish and Manor of Fulham, belonging to the Bishopric of London, and Part of the Bishopric of London, for other Lands, of the like Value, to Charle's Earl of Monmouth and his Heirs:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Dormer and Mr. Justice Fortescue; 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.

E. Westmorland's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of several Manors, Lands, Tenements, and Hereditaments, of the Right Honourable Thomas Earl of Westmorland, in the County of Kent; and, with the Monies arising by such Sale, to purchase other Lands, in or near the County of Northampton, to be settled to the same Uses."

Bolton et al. versus Jesses.

Original Records lost, Committee to consider of.

The Lord Chief Justice of the Court of King's Bench, by Leave of the House, acquainted their Lordships, That he having received Two Writs of Error, commanding him to bring up the Transcripts of the Records of Two Judgements in Two causes in the said Court; in One of which, Rob't Jesses was Plaintiff, and Peter Bolton and Edw'd Bridgen Defendants; and in the other, Stephen King was Plaintiff, and the said Peter Bolton and Edward Bridgen Defendants; and that his Lordship, having Notice on Wednesday last that the said Transcripts were ready, attended, in order to bring up the same; but was acquainted, That the said original Rolls, or Records, were casually lost by the Officer who had the Custody thereof; by which Means the said Rolls or Records could not be brought up, to be regularly examined with the Transcripts. And the Judges, upon his Lordship's consulting them, being of Opinion, that the said Defect could no Way be supplied by the Court of King's Bench out of Term; therefore his Lordship desired the Direction of the House."

Whereupon, Lords Committees were appointed, to inquire into the Circumstances of the Case; whose Lordships have Power to send for Persons, Papers, and Records; and report what they think proper to be done therein to the House.

Ld. President.
Ld. Privy Seal.
L. Steward.
L. Chamberlain.
D. Bolton.
D. Bucks & Nor.
D. Roxburgh.
M. Annandale.
E. Lincoln.
E. Dorset.
E. Manchester.
E. Stamford.
E. Clarendon.
E. Yarmouth.
E. Nottingham.
E. Warrington.
E. Orford.
E. Godolphin.
E. Play.
E. Oxford.
E. Ferrers.
E. Strafford.
E. Bristol.
E. Cowper.
E. Stanhope.
V. Townshend.
V. Hatton.
V. Tadcaster.
V. St. John.
L. Abp. York.
L. Bp. Sarum.
L. Bp. Chester.
L. Bp. Glocester.
L. Bp. St. Asaph.
L. Bp. Lincoln.
L. Bp. Carlisle.
L. Bp. Peterborow.
L. Delawar.
L. North & Grey.
L. Compton.
L. Bruce.
L. Lumley.
L. Carteret.
L. Weston.
L. Ross.
L. Belhaven.
L. Boyle.
L. Hay.
L. Foley.
L. Bathurst.
L. Bingley.
L. Carleton.
L. Coningesby.
L. Torrington.
L. Newburgh.

Their Lordships, or any Five of them; to meet To-morrow, at Ten of the 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 at et in diem Mercurii, decimum quartum diem hujus instantis Januarii, hora undecima Aurora, Dominis sic decernentibus.

DIE Mercurii, 14o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Epus. Sarum.
Epus. Hereford.
Epus. Cestr.
Epus. Glocestr.
Epus. Asaph.
Epus. Lincoln.
Epus. Carliol.
Epus. Petriburg.
Ds. Parker, Cancellarius.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Marlborough.
Dux Bucks & Nor.
Dux Montrose.
Comes Lincoln.
Comes Westmorland.
Comes Manchester.
Comes Stamford.
Comes Litchfield.
Comes Clarendon.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Holderness.
Comes Warrington.
Comes Rochford.
Comes Orford.
Comes Greenwich.
Comes Godolphin.
Comes Orkney.
Comes Deloraine.
Comes Play.
Comes Oxford.
Comes Ferrers.
Comes Uxbridge.
Comes Carnarvon.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Viscount Townshend.
Viscount Hatton.
Viscount Castleton.
Viscount Cobham.
Ds. Delawar.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Bruce.
Ds. Lucas.
Ds. Weston.
Ds. Gower.
Ds. Ross.
Ds. Belhaven.
Ds. Harcourt.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Bathurst.
Ds. Bingley.
Ds. Carleton.
Ds. Coningesby.
Ds. Newburgh.

PRAYERS.

Bolton & al. versus Jesses. Bolton & al. versus King.

Ordered, That the Committee appointed on Monday last, to inquire into the Circumstances of the Case, on the Loss of the Two original Rolls, or Records, intended to be brought into this House, be revived, and meet at the Rising of the House this Day; and that the Earl of Abingdon and Lord Harcourt be added to the said Committee.

Lords added to Annesley's Committee.

Ordered, That the Earl of Abingdon and Lord Harcourt be added to Mr. Annesley's Committee.

Officers of His Majesty's Works to view the House.

Ordered, That it be an Instruction to the Lords Committees appointed to inspect the Condition of The Parliament-office, "That their Lordships be empowered to send for the Officers of His Majesty's Works, and cause them to inspect the Condition of the Roof of this House, and other Parts thereof, and report to the House what State the same are found in; also to inquire into the Occasion of the falling in of the Ceiling of the Lobby of the Prince's Chamber; and report to the House."

Willoughby, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Willoughby Esquire, Second Son of the Right Honourable the Lord Middleton; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

E. Westmorland's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of several Manors, Lands, Tenements, and Hereditaments, of the Right Honourable Thomas Earl of Westmorland, in the County of Kent; and, with the Monies arising by such Sale, to purchase other Lands, in or near the County of Northampton, to be settled to the same Uses."

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

Ld. Privy Seal.
D. Graston.
E. Lincoln.
E. Stamford.
E. Clarendon.
E. Yarmouth.
E. Nottingham.
E. Rochester.
E. Warrington.
E. Orford.
E. Godolphin.
E. Orkney.
E. Play.
E. Uxbridge.
E. Carnarvon.
E. Cowper.
V. Townshend.
V. Hatton.
V. Cobham.
L. B. Sarum.
L. B. Chester.
L. B. Glocester.
L. B. St. Asaph.
L. B. Lincoln.
L. B. Carlisle.
L. B. Peterborough.
L. Delawar.
L. North & Grey.
L. Compton.
L. Lucas.
L. Rosse.
L. Harcourt.
L. Boyle.
L. Montjoy.
L. Bathurst.
L. Carleton.
L. Coningesby.
L. Newburgh.

Their Lordships, or any Five of them; to meet on Thursday the Nine and Twentieth Day of this Instant January, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Willoughby's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Thomas Willoughby Esquire, and the Persons in Remainder after him, to make a Jointure."

M'Dowall, Recognizance for Scot.

The House being moved, "That Mr. Patrick M'Dowall, Writer to His Majesty's Signet in Scotland, may be permitted to enter into Recognizance for William Scot of Raeburn Esquire, on Account of his Appeal depending in this House; he being in Scotland:"

It is Ordered, That the said Patrick M'Dowall may enter into Recognizance for the said Appellant, as desired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum sextum diem instantis Januarii, hora undecima Aurora, Dominis sic decernentibus.

DIE Veneris, 16o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Ebor.
Epus. Sarum.
Epus. Norwic.
Epus. Hereford.
Epus. Bristol.
Epus. Glocestr.
Epus. Asaph.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Petriburg.
Ds. Parker, Cancellarius.
Comes Sunderland, Præses.
2. Dux Kent, Senescallus.
1. Dux Kingston, C. P. S.
Dux Newcastle, Camerarius.
Dux Richmond.
Dux Grafton.
Dux St. Albans.
Dux Bolton.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
March. Annandale.
Comes Pembroke.
Comes Lincoln.
Comes Dorset.
Comes Westmorland.
Comes Manchester.
Comes Stamford.
Comes Scarsdale.
Comes Clarendon.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Rochester.
Comes Abingdon.
Comes Holderness.
Comes Warrington.
Comes Rochford.
Comes Orford.
Comes Greenwich.
Comes Godolphin.
Comes Play.
Comes Oxford.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Sussex.
Comes Cowper.
Comes Stanhope.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Castleton.
Viscount Sherard.
Ds. Delawar.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Bruce.
Ds. Byron.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Lucas.
Ds. Lumley.
Ds. Carteret.
Ds. Guilford.
Ds. Weston.
Ds. Gower.
Ds. Harcourt.
Ds. Montjoy.
Ds. Trevor.
Ds. Bathurst.
Ds. Bingley.
Ds. Carleton.
Ds. Coningeshy.
Ds. Newburgh.
Ds. Pawlett Bas.

PRAYERS.

Committee concerning Records lost, revived.

Ordered, That the Committee appointed to inquire into the Circumstances of the Case on the Loss of the Two original Rolls, or Records, intended to be brought into this House, be revived; and meet To-morrow, at Eleven a Clock.

Fane & al. versus D. Devon & al.

After hearing Counsel, in Part, upon the Petition and Appeal of the Honourable John Fane Esquire and Mary his Wife; complaining of a Decree made by the Lord High Chancellor of Great Britain, on the Eleventh Day of November 1717: As also upon the Answer of the most Noble William Duke of Devonshire and others put in thereunto:

It is Ordered, That this House will proceed to hear the Residue of the said Cause To-morrow, at Twelve a Clock.

Crabb versus Studley.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up the Transcript of a Record upon a Writ of Error, wherein Isaac Crabb is Plaintiff, and Joseph Studley Defendant.

Arrat versus Wilson.

The House being moved, "That the Hearing of the Cause appointed for Monday next, wherein Mr. John Arrat is Appellant, and John Wilson Respondent, may be put off for Ten Days; the Agents for both the said Parties consenting:"

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

Commissioners of Inquiry, Report delivered.

The House being informed, "That a Person attended, from the Commissioners of Inquiry:"

He was called in; and delivered, at the Bar, "A further Report from the Commissioners and Trustees, who acted in Scotland, appointed by Two several Acts of Parliament; the One made in the First Year of His Majesty's Reign, intituled, "An Act for appointing Commissioners, to inquire of the Estates of certain Traitors and of Popish Recusants, and of Estates given to superstitious Uses, in order to raise Money out of them, severally, for the Use of the Public;" and the other made in the Fourth Year of His Majesty's Reign, intituled, "An Act for vesting the forfeited Estates in Great Britain and Ireland in Trustees, to be sold, for the Use of the Public; and for giving Relief to lawful Creditors, by determining the Claims; and for the more effectual bringing into the respective Exchequers the Rents and Profits of the said Estates till sold."

Then he withdrew.

And the Title of the said Report was read.

Ordered, That the said Report do lie on the Table.

Clitherow, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Christopher Clitherow Esquire and James Clitherow Gentleman his Eldest Son 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.

Willoughby's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Thomas Willoughby Esquire, and the Persons in Remainder after him, to make a Jointure."

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

Ld. Privy Seal.
L. Chamberlain.
D. Bolton.
D. Bucks.
M. Annandale.
E. Lincoln.
E. Dorset.
E. Westmorland.
E. Manchester.
E. Stamford.
E. Clarendon.
E. Litchfield.
E. Yarmouth.
E. Rochester.
E. Abingdon.
E. Warrington.
E. Orford.
E. Godolphin.
E. Play.
E. Oxford.
E. Strafford.
E. Uxbridge.
E. Cowper.
V. Townshend.
V. Lonsdale.
V. Tadcaster.
V. Castleton.
V. Sherard.
L. Abp. York.
L. Bp. Norwich.
L. B. Bristol.
L. B. Glocester.
L. B. St. Asaph.
L. B. Litchfield.
L. B. Carlisle.
L. B. Peterborough.
L. Delawar.
L. North & Grey.
L. Compton.
L. Teynham.
L. Bruce.
L. Berkeley Str.
L. Lucas.
L. Lumley.
L. Carteret.
L. Harcourt.
L. Trevor.
L. Bathurst.
L. Bingley.
L. Carleton.
L. Coningesby.
L. Newburgh.
L. Pawlet Bas.

Their Lordships, or any Five of them; to meet on Saturday the One and Thirtieth Day of this Instant January, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Clitherow's and Paul's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Katherine Paul, an Insant, to transfer the Trust therein mentioned, as if she were of the Age of One and Twenty Years."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum septimum diem instantis Januarii, hora undecima Aurora, Dominis sic decernentibus.

DIE Sabbati, 17o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Worcestr.
Epus. Sarum.
Epus. Norwic.
Epus. Roffen.
Epus. Bristol.
Epus. Glocestr.
Epus. Asaph.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Petriburg.
Ds. Parker, Cancellarius.
Comes Sunderland, Præses.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Bolton.
Dux Bucks & Nor.
Dux Portland.
March. Annandale.
Comes Pembroke.
Comes Dorset.
Comes Westmorland.
Comes Manchester.
Comes Stamford.
Comes Scarsdale.
Comes Clarendon.
Comes Yarmouth.
Comes Rochester.
Comes Holderness.
Comes Warrington.
Comes Rochford.
Comes Orford.
Comes Greenwich.
Comes Godolphin.
Comes Orkney.
Comes Deloraine.
Comes Play.
Comes Oxford.
Comes Ferrers.
Comes Strafford.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Stanhope.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Castleton.
Viscount Sherard.
Ds. Delawarr.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Maynard.
Ds. Bruce.
Ds. Byron.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Lucas.
Ds. Lumley.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Rossc.
Ds. Harcourt.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Carleton.
Ds. Coningesby.
Ds. Pawlett Bas.

PRAYERS.

Fane & al. versus D. Devon & al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of the Honourable John Fane Esquire and Mary his Wife; complaining of a Decree of the High Court of Chancery, made the Eleventh Day of November One Thousand Seven Hundred and Seventeen, in certain Causes, wherein the Appellants were Plaintiffs, and the most Noble William Duke of Devonshire, Thomas Earl of Aylesbury, Lord James Cavendish, Thomas Prior Gentleman, Assignee of the Administrator of William Ball deceased, Abigail Kinton Widow, and James Eckershall, Executors of Aaron Kinton deceased, Defendants; & è contra; and praying, "That the same may be reversed; and that the Appellants may have such Relief as this House shall think fit:" As also upon the Answers of William Duke of Devonshire, Thomas Earl of Aylesbury, Lord James Cavendish, Thomas Prior, Abigail Kinton, and James Eckershall, put in thereunto; and due Consideration had of what was offered by Counsel on either Side in the said Causes:

The Question was put, "Whether that Part of the Decree, declaring the Plaintiffs had failed as to their Demands of the Estate of Claxby in Lincolnshire, shall be reversed?"

It was Resolved in the Negative.

Then,

The Question was put, "Whether the rest of the said Decree shall be reversed ?"

It was Resolved in the Negative.

Judgement affirmed.

Ordered, and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition and Appeal of the Honourable John Fane Esquire and Mary his Wife be, and is hereby, dismissed this House; and that the Decree therein complained of be, and is hereby, affirmed.

Hays versus Pulteney's Bill.

Upon reading the Petition of Christopher Hayes; praying, "That the passing of the Bill, intituled, "An Act to enable William Pulteney Esquire, and the Person in Remainder after him, to make Leases of the Houses and Ground therein mentioned; and to rectify some Mistakes in Two Leases, from King Charles the Second to Sir William Pulteney, and from King William the Third to John Pulteney Esquire," may be stayed; and that the Petitioner may be heard, by his Counsel, against the same:"

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 at Liberty to be heard, by his Counsel, thereupon, if the Committee think fit.

Records over the Prince's Chamber.

The Earl of Clarendon acquainted the House, "That the Officers of His Majesty's Works, appointed to inspect the Condition of the Roof of the House of Peers, and other Parts adjacent, were not yet ready to give the House an Account thereof; but that the said Officers had viewed the Room over the Prince's Chamber, and found many Records there; and that, by the Weight thereof, the Roof was sunk Two Inches already; and that there was a Place adjacent capable of receiving them."

And Debate thereupon:

Lord Lovat versus M'Kenzie.

Ordered, That this House will take into further Consideration the said Debate on Monday next; and that the Officers of His Majesty's Works do inspect the Place in which it is proposed to deposit the said Records, and give the House an Account thereof.

The House being moved, "That a Day may be appointed, for hearing the Cause depending in this House, wherein Simon Lord Lovat is Appellant, and Kenneth Mackenzie, Factor and Assignee of the Creditors of Alexander Mackenzie, late of Frazerdale, Respondent:"

Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 16th Day of February next, at Eleven a Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum nonum diem Januarii, hora undecima Aurora, Dominis sic decernentibus.

DIE Lunæ, 19o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Epus. Wigorn.
Epus. Sarum.
Epus. Landav.
Epus. Norwic.
Epus. Hereford.
Epus. Roffen.
Epus. Bristol.
Epus. Cestr.
Epus. Glocestr.
Epus. Lincoln.
Epus. Bangor.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Petriburg.
Ds. Parker, Cancellarius.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Bolton.
Dux Marlborough.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
March. Annandale.
Comes Lincoln.
Comes Dorset.
Comes Manchester.
Comes Stamford.
Comes Clarendon.
Comes Cardigan.
Comes Litchfield.
Comes Radnor.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Warrington.
Comes Rochford.
Comes Greenwich.
Comes Godolphin.
Comes Orkney.
Comes Deloraine.
Comes Play.
Comes Oxford.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Stanhope.
Viscount Townshend.
Viscount Hatton.
Viscount Castleton.
Viscount St. John.
Viscount Sherard.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Maynard.
Ds. Bruce.
Ds. Lucas.
Ds. Lumley.
Ds. Carteret.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Boyle.
Ds. Montjoy.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Carleton.
Ds. Coningesby.
Ds. Newburgh.

PRAYERS.

Report concerning lost Records on Writs of Error: Jeffs versus Bolton & al. and King versus Bolton & al.

The Earl of Clarendon reported from the Lords Committees, appointed to inquire into the Circumstances of the Case, as to the losing the Rolls, or Records, of Two Judgements, in Two Causes in the Court of King's Bench; in One of which, Robert Jeffes was Plaintiff, and Peter Bolton and Edward Bridgen Defendants; and in the other, Stephen King was Plaintiff, and the said Peter Bolton and Edward Bridgen Defendants, on the Day they were to have been brought into this House by virtue of Two Writs of Error: "That the Committee have examined several Persons in relation to the Loss of the said Rolls, or Records; and that John Parker, Clerk of the Outward Treasury of the King's Bench, declared, upon Oath, to their Lordships, "That the said Rolls, or Records, were casually lost, after Writs of Error had been granted for bringing up the same into this House:" But it was fully proved to the said Committee, upon the Oaths of Two Witnesses, "That, before the losing the said Rolls, or Records, the Transcripts thereof had been very carefully examined by the proper Officers and other Persons with the Originals, and made to agree exactly therewith." The Committee, therefore, that no Delay of Justice may be occasioned by the pretended Loss of the said Rolls, or Records, are of Opinion, That the Lord Chief Justice of the Court of King's Bench be permitted to bring up the said Transcripts; and that the Plaintiffs in the said Writs of Error do thereupon assign Errors, and proceed as usual in Cases where Original Records are regularly brought up, except to hearing; and that the Attornies or Agents for the Defendants in Error, giving due Notice to the other Side, do move the said Court of King's Bench, the First Day of next Term, to cause new Rolls, or Records, to be made up and filed, of the Proceedings and Judgements in the Causes aforementioned."

Which Report, being read by the Clerk, was agreed to by the House, and ordered accordingly.

Bolton & Bridgen versus Jeffes. Bolton & Bridgen versus King.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up the Transcripts of the Records upon the said Two Writs of Error; in One of which, Peter Bolton and Edward Bridgen are Plaintiffs, and Robert Jeffes Defendant; and in the other, the said Peter Bolton and Edward Bridgen are Plaintiffs, and Stephen King Defendant.

Dormer's Petition rejected.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Robert Dormer Esquire One of His Majesty's Justices of the Court of Common Pleas at Westminster, Uncle of Sir W'm Dormer Baronet, a Lunatic, Fleetwood Dormer the Younger, only Son and Heir Apparent of the said Robert Dormer, and Susannah Sheldon Widow of Francis Sheldon Esquire deceased, only Sister of the said Sir William Dormer; praying Leave to bring in a Bill, for the Purposes therein mentioned:

The Standing Order of the Sixteenth of February 1705, "That all Parties concerned in the Consequences of any Private Bill shall sign the Petition that desires Leave to bring such Private Bill into this House," being read:

And the Persons in Remainder not having complied with the said Order:

And Debate thereupon:

It is Ordered, That the said Petition be, and is hereby, rejected.

Records over the Prince's Chamber.

The Earl of Clarendon acquainted the House, "That the Officers of His Majesty's Works (according to the Order of Saturday last) had viewed the Place in which it is proposed to deposit the Records now lying over the Prince's Chamber; and would be ready to give the House an Account thereof, and of the Condition of the Roof of the House and Places adjacent, To-morrow."

Ordered, That the further Consideration of this Matter be adjourned to Wednesday next.

Ordered, That the Earl of I'lay be added to the Lords Committees to whom Mr. Pulteney's Bill stands referred.

Clitherow & Paul's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Katherine Paul, an Infant, to transfer the Trust therein mentioned, as if she was of the Age of One and Twenty Years."

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

Ld. Steward.
D. Graston.
D. Bolton.
D. Bucks & Nor.
M. Annandale.
E. Dorset.
E. Stamford.
E. Clarendon.
E. Yarmouth.
E. Nottingham.
E. Rochester.
E. Warrington.
E. Godolphin.
E. Orkney.
E. I'lay.
E. Oxford.
E. Ferrers.
E. Strafford.
E. Uxbridge.
E. Cowper.
V. Townshend.
V. Hatton.
V. St. John.
L. Bp. Sarum.
L. B. Landav.
L. B. Norwic.
L. B. Roffen.
L. B. Chester.
L. B. Glocester.
L. B. Lincoln.
L. B. Carlisle.
L. B. Peterborow.
L. North & Grey.
L. Hunsdon.
L. Compton.
L. Bruce.
L. Lucas.
L. Lumley.
L. Carteret.
L. Haversham.
L. Harcourt.
L. Boyle.
L. Montjoy.
L. Bathurst.
L. Bingley.
L. Carleton.
L. Coningesby.
L. Newburgh.

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

L. Strathnaver versus Representatives of Gray.

The House being moved, "That a Day may be appointed, for hearing the Cause depending in this House, wherein William Lord Strathnaver, only Son of the Right Honourable the Earl of Sutherland, is Appellant, and Marione Adinstone and others, the Representatives of Charles Gray, Respondents:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque et in diem Mercurii, vicesimum primum diem instantis Januarii, hora undecima Aurora, Dominis sic decernentibus.

Die Mercurii, 1o Junii, 1720, hitherto examined by us,
Clarendon.
Yarmouth.
Rochester.
Say & Seale.
Hunsdon.