March 1720, 21-30
DIE Martis, 22o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Cestrien.
Epus. Glocestr.
Epus. Asaphen.
Epus. Oxon.
Epus. Lincoln.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Graston.
Dux Bolton.
Dux Devon.
Dux Bucks & Nor.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
Dux Manchester.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Bridgewater.
Comes Northampton.
Comes Peterborow & Monrouth.
Comes Sunderland.
Comes Clarendon.
Comes Cardigan.
Comes Litchfield.
Comes Yarmouth.
Comes Rochester.
Comes Holderness.
Comes Warrington.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Orkney.
Comes Ilay.
Comes Uxbridge.
Comes Sussex.
Comes Coningesby.
Viscount Say & Seal.
Viscount Townsbend.
Viscount Hatton.
Viscount Castleton.
Viscount St. John.
Viscount Cobham. |
Ds. Delawar.
Ds. Fitzwalter.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Byron.
Ds. Cornwallis.
Ds. Lucas.
Ds. Lempster.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Boyle.
Ds. Hay.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Carleton.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh. |
PRAYERS.
D. of Kingston & al. Bill, concerning the D. of Newcastle's Will.
The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for settling
and assuring the Manors of Orton and Bottlebridge,
and other Premises, in the County of Huntingdon, to
the several Uses mentioned in the Will of Margaret
late Dutchess of Newcastle; and for other Purposes
therein mentioned," was committed: "That they
had considered the said Bill, and sound the Allegations thereof to be true; that the Parties concerned
had given their Consents; and that the Committee
had gone through the Bill, and directed him to re
port the same to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
Commissioners forfeited Estates versus J. Drummond al.;
The House (according to Order) proceeded to the
further Hearing of the Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and James Drummond Son of the late Lord Drummond and his Trustees are Respondents.
And the Counsel on both Sides were called in, and
heard thereupon.
And withdrew.
And due Consideration having been had of what was
offered in this Case:
Judgement in Part affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
Petition and Appeal of the said Commissioners and
Trustees of the forfeited Estates, to which the said
James Drumond and his Trustees are Respondents, be,
and is hereby, dismissed this House; and that so much
of the Interlocutory Sentences, or Decrees, of the Lords
of Session in Scotland, complained of, in which this
House were of Opinion the said Lords of Session had
Jurisdiction in determining in this Cause, be, and is
hereby, affirmed.
E. Peterborow, Leave for a Bill.
After reading, and considering, the Report of the Judges
to whom the Petition of Charles Earl of Peterborow
and Monmouth was referred; praying Leave to bring in
a Bill, for the Purposes in the Petition mentioned:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Broderick's Bill.
The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Lawrence Brodrick, an Infant, to perform certain
Articles of Agreement entered into by Anne his Mother, since deceased, to whom he is Heir," 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 said Bill, and
made an Amendment thereunto."
Which was read Twice, and agreed to.
Ordered, That the said Bill, with the Amendment, be engrossed.
Sir Edward Hales's Bill.
The Earl of Clarendon also reported from the Lords
Committees to whom the Bill, intituled, "An Act for
vesting the Estate of Sir John Hales and Sir Christopher Hales Baronets, deceased, in Trustees, to be sold,
for raising Money, for the paying and discharging the
Debts and Incumbrances charged thereon, and affecting the same; and for other Purposes therein mentioned," 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 said Bill, and made some Amendments
thereunto."
Which were read Twice, and agreed to.
Ordered, That the Bill, with the Amendments,
be engrossed.
Sir James Lumley's Petition.
Whereas the Petition of Sir James Lumley Baronet,
praying Leave to bring in a Bill, to settle a competent Jointure or Jointures on such Wife or Wives as
he may happen to intermarry, stands reserred, by Order of this House of the Seventh Instant, to Mr. Justice
Powys and Mr. Justice Eyre:
And the House being this Day moved, "In regard Mr.
Justice Eyre is gone the Circuit, That the same may
stand referred, in his Stead, to Mr. Baron Mountagu,
who stays in Town:"
Judge changed.
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Baron Mountagu, as desired.
Commissioners forfeited Estates versus Farquaison.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Commissioners and Trustees of the forfeited Estates are
Appellants, and Patrick Farquarson late of Inveray
is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the Eighteenth Day of April next, at Eleven a Clock.
Commissione forfeited Estates versus Donald Mackenzie.
The like Order for hearing the Cause wherein the
same Commissioners and Trustees are Appellants, and
Donald Mackenzie late of Kilkowie is Respondent, on
Monday the Five and Twentieth Day of April next, at
Eleven a Clock.
State of Appeals, Committee revived.
Ordered, That the Committee appointed to examine into the State of the several Appeals depending
before this House be revived, and meet on Thursday
next.
Causes put off.
Whereas this Day was appointed, for hearing the
Cause wherein the Commissioners and Trustees of the
forfeited Estates are Appellants, and Charles Craigingelt
is Respondent; as also the Cause wherein the same
Commissioners are Appellants, and William Martin of
Harwood is Respondent:
It is Ordered, That this House will hear the said
Causes, by Counsel, at the Bar, on Saturday next, at
Eleven a Clock.
Arthur versus Arthur & al.
Whereas To-morrow was appointed, for hearing the
Cause wherein Daniel Arthur of London Merchant is
Appellant, and John Arthur and Christian his Wife and
others are Respondents:
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Friday next; and
that the other Causes appointed on Cause-days be
removed in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
vicesimum quartum diem instantis Martii, hora undecima
Auror. Dominis sic decernentibus.
DIE Jovis, 24o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Eboracen.
Epus. London.
Epus. Glocestr.
Epus. Lincoln.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Kent, C. P.S.
Dux Greenwich, Senescallus.
Dux Grafton.
Dux St. Albans.
Dux Bolton.
Dux Devon.
Dux Bucks & Nor.
Dux Roxburgh.
Dux Wharton.
Dux Manchester.
March. Annandale.
Comes Pembroke & Montgomery.
Comes Bridgewater.
Comes Berks.
Comes Clarendon.
Comes Berkeley.
Comes Warrington.
Comes Godolphin.
Comes Buchan.
Comes Loudoun.
Comes Uxbridge.
Comes Tankerville.
Comes Coningesby.
Viscount Tadcaster.
Viscount Cobham. |
Ds. Fitzwalter.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Maynard.
Ds. Byron.
Ds. Cornwallis.
Ds. Lempster.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Carleton.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh.
Ds. Pawlet Bas. |
PRAYERS.
University of Cambridge, Leave for a Bill.
Upon reading the Petition of the Chancellor Masters, and Scholars, of the University of Cambridge; praying Leave to bring in a Bill, to enable any Corporations within the said University, or any other Persons,
to sell and convey any Messuages and Ground to the
said University, for enlarging their Public Library:
It is Ordered, That Leave be given to bring in a
Bill, according to the Prayer of the said Petition.
River Douglas navigable, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for making the River Douglas, alias Asland, navigable,
from the River Ribble, to Wigan, in the County Palatine of Lancaster."
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. Lovibond:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
D. of Kingston & al. Bill, concerning the Dutchess of Newcastle's Will.
Hodie 3a vice lecta est Billa, intituled, "An Act for settling and assuring the Manors of Orton and Bottlebridge,
and other Premises in the County of Huntingdon, to the
several Uses mentioned in the Will of Margaret late
Dutchess of Newcastle; and for other Purposes
therein mentioned:"
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Brodrick's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
enable Lawrence Brodrick, an Infant, to perform certain Articles of Agreement entered into by Anne his
Mother, since deceased, to whom he is Heir."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Sir Edward Hales's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for
vesting the Estates of Sir John Hales and Sir Christopher Hales Baronets, deceased, in Trustees, to be sold,
for raising Money, for the paying and discharging the
Debts and Incumbrances charged thereon, and affecting the same; and for other Purposes therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Lady Howe's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for the Naturalization of the Lady Mary Sophia Charlotte Viscountess Howe, Wife of Scroop Lord Viscount
Howe of the Kingdom of Ireland."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with the Three preceding Bills.
And Messages were severally sent to the House of
Commons, by Mr. Holford and Mr. Lovibond:
To carry down the Four last mentioned Bills, and
desire their Concurrence thereunto.
E. of Peterborow's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for
exchanging of several small Parcels of Land (in the
Parish and Manor of Fulham), belonging to the Bishoprick of London, for other Lands of greater Value, to Charles Earl of Peter borow and Monmouth,
and his Heirs."
Breedon's Petition:
Upon reading the Petition of John Breedon of Croton
Esquire, and John Breedon of Pangborne an Infant;
praying Leave to bring in a Bill, for Sale of Part of
the Manor of Pangborne, in the County of Berks, for
Payment of the Sum of Two Thousand Pounds, and
Interest and Costs, pursuant to a Decree of the Court
of Chancery:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of
the said Petition be, and is hereby, referred to Mr. Justice
Powys and Mr. Baron Mountagu; 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 Peti
tion; and also that the Judges, having perused the Bill,
do sign the same.
Annesley versus Sherlock:
The Order of the Day being read, for taking into
further Consideration the Proceedings out of the Journals of the House of Lords in Ireland, in relation to
the Cause of Annesley versus Sherlock, and other Causes
upon Appeals to that House, during the last Session of
Parliament there:
Proceedings House of Lords in Ireland to be considered.
It is Ordered, That the further Consideration of
the said Proceedings be adjourned to this Day Fortnight.
Lords of Session Reasons, and Commissioners forfeited Estates Representation, to be considered.
The other Order of the Day being read, for taking
into Consideration the Reasons offered by the Lords of
Session in Scotland, for their proceeding to judge in the
Exceptions presented to them by Thomas Erskine Son to
the late Earl of Mar, and others; as also the Representation of the Commissioners and Trustees of the
forfeited Estates acting in Scotland:
It is Ordered, That the said Reasons and Representation be taken into Consideration on this Day Fortnight.
Farguhar versus E. Loudoun:
A Petition of James Farguhar of Gillmillscroft Esquire, was presented to the House, and read; setting
forth, "That, apprehending he is aggrieved by certain
Interlocutory Sentences, or Decrees, of the Lords of
Session in Scotland, pronounced in Favour of the Earl
of Londoun, an Appeal from the same has been prepared, within the Time limited by the Standing Order
of this House; which Interlocutors will be carried
into Execution, unless their Lordships will please to
receive his Appeal, to the Petitioner's great Prejudice, if, on hearing the same, this House should grant
him Relief; and praying therefore, that the said Appeal may be received."
And thereupon the said Earl of Loudoun being present, and declaring his Willingness that the said Appeal should be received, so that the same might be
heard this Session; and for which Purpose desiring
Liberty to put in his Answer as soon as he thought
fit:
It is Ordered, That the said Appeal be received.
Appeal received, and read.
Then the Petition and Appeal of the said James
Farguhar, was presented to the House, and read; complaining of several Interlocutory Sentences, or Decrees, of the said Lords of Session, of the Ninth,
Eight and Twentieth, and Thirtieth of July, the Nineteenth of August, the One and Twentieth of January,
and Seventeenth of February last, made on the Behalf of Hugh Earl of Loudoun; and praying, "That
the same may be reversed:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hugh Earl
of Loudoun may have a Copy of the said Appeal; and
put in his Answer thereunto, in Writing, forthwith.
Highways repairing, &c. Act concerning explained Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to explain and amend an Act passed in the last Session
of Parliament, intituled, "An Act for making more
effectual the several Acts passed for repairing and
amending the Highways of this Kingdom; and for
preventing the Carriage of excessive Loads of Meal,
Malt, Bricks, and Coals, within Ten Miles of the
Cities of London and Westminster."
The Question was put, "Whether this Bill, with
the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by
Mr. Holford and Mr. Lovibond:
To acquaint them, that the Lords have agreed to the
said Bill, with some Amendments, whereunto their
Lordships desire their Concurrence.
Backer's Nat. Bill.
The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Backer," was committed: "That
they had gone through the said Bill, and made some
Amendments thereunto."
Which were read Twice, and agreed to.
Grutzmann's Nat. Bill.
The Earl of Clarendon also reported from the Lords
Committees to whom the Bill, intituled, "An Act for
naturalizing John Henry Grutzmann," was committed:
That they had gone through the said Bill; and directed him to report the same to the House, without
any Amendment."
Ellis versus Whinery:
The House being moved, on the Behalf of John Ellis
Esquire, Appellant in a Cause depending in this
House, to which John Whinery is Respondent, "That
Leave may be given to amend the said Appeal, by
inserting the Twenty-fifth of November, instead of
the Twenty-fourth:"
Appeal amended.
It is Ordered, That the said Appellant be at Liberty to amend his said Appeal, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris,
vicesimum quintum diem instantis Martii, hora undecima
Auror. Dominis sic decernentibus.
DIE Veneris, 25o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Eboracen.
Epus. Wigorn.
Epus. Cestrien.
Epus. Glocestr.
Epus. Oxon.
Epus. Lincoln.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Bolton.
Dux Bucks & Nor.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Manchester.
March. Annandale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Bridgewater.
Comes Warwick & Holland.
Comes Westmorland.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Berkeley.
Comes Rochester.
Comes Warrington.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Hadinton.
Comes Loudoun.
Comes Orkney.
Comes Uxbridge.
Comes Halifax.
Comes Sussex.
Comes Cowper.
Viscount Say & Seal.
Viscount Townshend.
Viscount Tadcaster.
Viscount Cobham. |
Ds. Delawar.
Ds. North & Grey.
Ds. Teynham.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Lempster.
Ds. Weston.
Ds. Haversham.
Ds. Rosse.
Ds. Boyle.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bingley.
Ds. Carleton.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh.
Ds. Pawlet Bas. |
PRAYERS.
Arthur versus Arthur.
After hearing Counsel, upon the Petition and Appeal
of Daniel Arthur of London Merchant, from a Decree
of Dismission made in the High Court of Chancery in
Ireland, on the Nine and Twentieth of November 1717,
in a Cause wherein the Appellant was Complainant, and
John Arthur Esquire and Christian his Wife, Denis Daly
and Darcy Hamilton Esquires, were Defendants; and
praying, "That the same may be reversed:" As also
upon the Answer of the said John Arthur and Christian
his Wife, Denis Daly, and Darcy Hamilton, put in to the
said Appeal; and due Consideration had of what was
offered on either Side thereupon:
Decree 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 Decree of Dismission therein
complained of be, and is hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause
to be paid, to the Respondents, the Sum of Fifty
Pounds, for their Costs in respect of the said Appeal.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati,
vicesimum sextum diem instantis Martii, hora undecima
Auror. Dominus sic decernentibus.
DIE Sabbati, 26o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. Cestrien.
Epus. Asaphen.
Epus. Oxon.
Epus. Lincoln.
Epus. Carliol.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
March. Annandale.
Comes Lincoln.
Comes Bridgewater.
Comes Westmorland.
Comes Peterborow & Monmouth.
Comes Sunderland.
Comes Clarendon.
Comes Holderness.
Comes Rochford.
Comes Coventry.
Comes Rothes.
Comes Loudoun.
Comes Orkney.
Comes Ferrers.
Comes Sussex.
Comes Cowper.
Comes Coningesby.
Viscount Say & Seal.
Viscount Hatton.
Viscount Tadcaster.
Viscount Castleton. |
Ds. Delawar.
Ds. North & Grey.
Ds. Cornwallis.
Ds. Lempster.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Carleton.
Ds. Onslow.
Ds. Newburgh. |
PRAYERS.
Commissioners forfeited Estates versus Martin.
This Day being appointed, for hearing the Cause
wherein the Commissioners and Trustees of the forfeited
Estates are Appellants, and William Martin of Harwood is Respondent:
Counsel were directed to be called in, to be heard.
And Counsel for the Appellants appearing, but none
for the Respondent:
The Appellants Counsel acquainted the House,
"They submitted to the Report of the Judges, That
the Lords of Session in Scotland had no Jurisdiction
to determine in this Cause."
And withdrew.
And the said Report of the Judges being read; and
due Consideration had thereof:
It is Resolved and Decreed, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Lords
of Session had no Jurisdiction to proceed in this Cause;
and that their Decree, or Interlocutory Sentence therein,
be therefore declared to be null and void, and the same
is hereby declared and adjudged null and void.
Commissioners forfeited Estates versus Craigengelt.
This Day being likewise appointed, for hearing the
Cause wherein the Commissioners and Trustees of the
forfeited Estates are Appellants, and Charles Craigengelt is Respondent:
Counsel were accordingly called in, to be heard.
And being directed to speak to the Point of Jurisdiction only of the said Lords of Session, in determining therein:
The Counsel on both Sides were heard thereupon.
And withdrew.
And due Consideration having been had of what
was offered in this Case:
The Question was put, "Whether the said Lords
of Session had Jurisdiction in this Cause?"
It was Resolved in the Negative.
Resolved, and Decreed, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Lords
of Session had no Jurisdiction to proceed in this Cause;
and that their Decrees, or Interlocutory Sentences therein, be therefore declared to be null and void; and the
same are hereby declared and adjudged null and void.
Peterborow Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for exchanging of several small Parcels of Land, in
the Parish and Manor of Fulham, belonging to the
Bishoprick of London, for other Lands of greater
Value, to Charles Earl of Peterborow and Monmouth,
and his Heirs."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ld. Steward.
D. Bucks & Nor.
D. Roxburgh.
D. Wharton.
M. Annandale.
Comes Lincoln.
Comes Bridgewater.
Comes Westmorland.
Comes Holderness.
Comes Rochford.
Comes Coventry.
Comes Rothes.
Comes Loudoun.
Comes Orkney.
Comes Ferrers.
Comes Sussex.
Comes Cowper.
Comes Coningesby.
V. Say & Seal.
V. Hatton.
V. Tadcaster. |
L. Bp. Chester.
L. Bp. Oxon.
L. Bp. Lincoln.
L. Bp. Carlisle.
L. Bp. Bristol. |
Ld. Delawar.
L. North & Grey.
L. Lempster.
L. Gower.
L. Ross.
L. Harcourt.
L. Hay.
L. Foley.
L. Bathurst.
L. Carleton.
L. Onslow.
L. Newburgh. |
Their Lordships, or any Five of them; to meet
on Monday 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.
State of Appeal depending; and Method of determining those brought in a former Session, Report to be received.
The Earl of Clarendon acquainted the House, "That
the Committee to whom it was referred to examine
into the State of the Appeals now depending, and
to consider of a proper Method of bringing on and
determining Appeals which happen not to be determined in the same Session wherein they were first
brought, have agreed upon a Report; which he was
directed to make, when their Lordships will please to
receive the same."
Ordered, That the said Report be received on Tuesday next.
Harrison versus Dormer & al.
The House being informed, "That a Person attended
at the Door, and desired to prove Copies of the Records and Proceedings to be made Use of on hearing
the Appeal of Thomas Harrison Esquire, depending in
this House, to which Robert Dormer Esquire and
others are Respondents:"
Whereupon Joseph Fitz Simmons was called in; and
delivered, at the Bar, the Copies of the said Records
and Proceedings; which he attested, upon Oath, to be
true Copies, he having examined them with the Originals in the Court of Exchequer in Ireland.
And withdrew.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum octavum diem instantis Martii, hora undecima
Auror. Dominis sic decernentibus.
DIE Lunæ, 28o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. Cestrien.
Epus. Petriburg.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Greenwich, Senescallus.
Dux Grafton.
Dux Devon.
Dux Montrose.
Dux Roxburgh.
March. Annandale.
Comes Pembroke & Montgomery.
Comes Bridgewater.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Yarmouth.
Comes Berkeley.
Comes Rochester.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Loudoun.
Comes Orkney.
Comes Ilay.
Comes Halifax.
Comes Sussex.
Comes Coningesby.
Viscount Say & Seal.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount Castleton.
Viscount Cobham. |
Ds. Delawar.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Maynard.
Ds. Byron.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Lucas.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Boyle.
Ds. Hay.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bingley.
Ds. Carleton.
Ds. Onslow.
Ds. Romney.
Ds. Pawlet Bas. |
PRAYERS.
Message from H. C. to return the Bill for securing the Dependency of Ireland.
A Message from the House of Commons, by Mr.
Neville and others:
To return the Bill, intituled; "An Act for the better securing the Dependency of the Kingdom of Ireland upon the Crown of Great Britain;" and to acquaint this House, that they have agreed to the same,
with some Amendments; to which they desire their
Lordships Concurrence.
Then the House proceeded to take the said Amendments into Consideration.
And the same, being read, were agreed to.
And a Message was sent to the House of Commons,
by Mr. Bennet and Mr. Godfrey, to acquaint them therewith.
Report Committee Privileges, on Simmons' Petition.
The Earl of Clarendon, from the Committee of Privileges to whom the Petition of William Simmons, Deputy
to the Gentleman Usher of the Black Rod, complaining (among other Things) of his being resisted in executing an Order of this House, for attaching Henry
Andrews, was referred, acquainted the House, "That
the Committee had taken into Consideration that Part
of the said Simmons's Petition as relates to the said
Andrews's refusing to be by him attached, pursuant to
the Order of this House, of the Three and Twentieth of December last; and had inspected several Precedents, where Resistance has been given to the Officers of this House, in the Execution of their Lordships Orders; and, upon Consideration thereof, the
Committee had directed him to move the House, that
the Sheriffs of London and Middl'x may be ordered
to attach the said Henry Andrews, and to deliver him
into the Custody of the Gentleman Usher of the
Black Rod."
And his Lordship moving accordingly:
Sheriffs of London and Middlesex, to attach Andrews.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Sheriffs of
London and Middl'x be, and are hereby, required forthwith to attach the Person of the said Henry Andrews,
and him safely to deliver to Sir William Sanderson Gentleman Usher of the Black Rod attending this House,
his Deputy or Deputies; and for so doing, this shall be
a sufficient Warrant.
To the Sheriffs of London and Middl'x,
their Deputies or Under-sheriffs;
and to all Mayors, Bailiffs, Constables, Headboroughs, and Tithingmen, to be aiding and assisting in
the Execution hereof.
Cambridge Library, Bill for enlarging.
Hodie 1a vice lecta est Billa, intituled, "An Act
to enable any Corporations within the University of
Cambridge, or any other Persons, to sell and convey
any Messuages and Ground to the said University, for
enlarging their Public Library."
Bath versus Conly:
After hearing Counsel, upon the Petition and Appeal
of John Bath Gentleman, complaining of several Decretal Orders, a Report, and Confirmation thereof, by
the High Court of Chancery in Ireland, made the
Eighteenth and Nineteenth Days of February 1717;
the Seven and Twentieth of May, the First and Third
of November, and Tenth of December, 1718; in a Cause
wherein the Appellant was Plaintiff, and Robert and
Ignatius Conly were Defendants; and praying, "That
the same may be reversed:" As also upon the Answer
of the said Robert and Ignatius Conly put in to the said
Appeal; and due Consideration had of what was offered
thereupon:
Judgement 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 several Decretal Orders, Report, and Confirmation thereof, complained of in the
said Appeal, be, and are hereby, affirmed: And it is
further Ordered, That the Appellant do pay, or
cause to be paid, to the Respondents, the Sum of One
Hundred Pounds, for their Costs in respect of the said
Appeal.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum nonum diem instantis Martii, hora undecima
Auror. Dominis sic decernentibus.
DIE Martis, 29o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Cestrien.
Epus. Glocestr.
Epus. Carliol.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Devon.
Dux Bucks & Nor.
Dux Rutland.
Dux Montrose.
Dux Manchester.
March. Annandale.
Comes Lincoln.
Comes Dorset & Middlesex.
Comes Bridgewater.
Comes Sunderland.
Comes Clarendon.
Comes Essex.
Comes Yarmouth.
Comes Berkeley.
Comes Rochester.
Comes Warrington.
Comes Godolphin.
Comes Buchan.
Comes Loudoun.
Comes Ilay.
Comes Uxbridge.
Comes Halifax.
Comes Sussex.
Comes Cowper.
Comes Coningesby.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount Castleton.
Viscount St. John. |
Ds. North & Grey.
Ds. Hundon.
Ds. Teynham.
Ds. Cornwallis.
Ds. Lumley.
Ds. Lempster.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Boyle.
Ds. Foley.
Ds. Bingley.
Ds. Carlcton.
Ds. Romney.
Ds. Newburgh. |
PRAYERS.
Cambridge Library, Bill for enlarging.
Hodie 2a vice lecta est Billa, intituled, "An Act
to enable any Corporations within the University of
Cambridge, or any other Persons, to sell and convey
any Messuages and Ground to the said University,
for enlarging their Public Library."
Ordered, That the Consideration of the said Bill
be committed to the Lords following; (videlicet,)
|
Ld. President.
L. Chamberlain.
D. Grafton.
D. Devon.
D. Bucks.
D. Rutland.
D. Montagu.
M. Annandale.
E. Lincoln.
E. Bridgewater.
E. Warwick.
E. Westmorland.
E. Sunderland.
E. Clarendon.
E. Burlington.
E. Litchfield.
E. Yarmouth.
E. Rochester.
E. Warrington.
E. Godolphin.
E. Ilay.
E. Uxbridge.
E. Halifax.
E. Cowper.
E. Coningesby.
V. Townshend.
V. Hatton.
V. Castleton. |
L. Bp. Chester.
L. B. Glocester.
L. B. Carlisle.
L. B. Bristol. |
Ld. North & Grey.
L. Hunsdon.
L. Teynham.
L. Cornwallis.
L. Lumley.
L. Lempster.
L. Weston.
L. Haversham.
L. Gower.
L. Harcourt.
L. Boyle.
L. Foley.
L. Bingley.
L. Carleton.
L. Romney.
L. Newburgh. |
Their Lordships, or any Five of them; to meet on
Thursday next, at Ten a Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Report State Appeals depending; and Method of determining Appeals brought in a former Session.
The Earl of Clarendon (according to Order) reported
from the Lords Committees appointed to examine into
the State of the several Appeals depending before this
House, and also to consider of some proper Method for
the bringing on and determining Appeals not determined
in the same Session in which they were first brought,
"That their Lordships had examined into the State of
the said Appeals accordingly, as they stand: And
finding a great many have been depending ever since
the Beginning of the Year One Thousand Seven
Hundred and Two, on some of which no Proceedings at all have been had since they were first
brought in, and the rest not yet determined, and no
Proceedings whatsoever had on any of them this
Session; the Committee had therefore directed him
to move, That the same may be dismissed this House."
And his Lordship further reported, "That he was also
directed to move, That some further Regulations
may be made, for the more speedy Prosecution or
determining Appeals brought in during this Session."
Appeals dismissed.
And his Lordship moving accordingly:
The several Orders following were made:
E. Mountagu versus Sherwin;
Ordered, by the Lords Spiritual and Temporal
in Parliament assembled, That the Appeal of the
Earl of Mountagu against Sherwin, brought into this
House the Nine and Twentieth Day of April One
Thousand Seven Hundred and Two, be, and is hereby, dismissed this House."
Bateman versus Crawley;
Ordered, That the Appeal of Bateman against
Crawley, brought into this House the Four and
Twentieth Day of January One Thousand Seven
Hundred and Three, be, and is hereby, dismissed
this House."
Bradley versus Jourden;
Ordered, That the Appeal of Bradley against
Jourden, brought into this House the Five and Twentieth Day of January One Thousand Seven Hundred
and Three, be, and is hereby, dismissed this
House."
M'Mahon versus Hamilton;
Ordered, That the Appeal of M'Mahon against
Hamilton, brought into this House the Fourteenth
Day of November One Thousand Seven Hundred and
Four, be, and is hereby, dismissed this House."
England versus Eles;
Ordered, That the Appeal of England against
Eles, brought into this House the One and Thirtieth
Day of January One Thousand Seven Hundred and
Four, be, and is hereby, dismissed this House."
L. Howe. versus Grove;
Ordered, That the Appeal of the Lord Howe
against Grove, brought into this House the Fourteenth
of November One Thousand Seven Hundred and Five,
be, and is hereby, dismissed this House."
Carroll versus Otway;
Ordered, That the Appeal of Carroll against
Otway, brought into this House the Nine and Twentieth Day of January One Thousand Seven Hundred and Six, be, and is hereby, dismissed this
House."
Blagrave versus Parran;
Ordered, That the Appeal of Blagrave against
Parran, brought into this House the Eight and
Twentieth Day of November One Thousand Seven
Hundred and Seven, be, and is hereby, dismissed this
House."
Lilley versus Cholmondeley;
Ordered, That the Appeal of Lilley against
Cholmondeley, brought into this House the Fifth Day
of December One Thousand Seven Hundred and Seven,
be, and is hereby, dismissed this House."
E. Roseberrie versus Inglis;
Ordered, That the Appeal of the Earl of Roseberrie against Inglis, brought into this House the
Sixteenth Day of February One Thousand Seven
Hundred and Seven, be, and is hereby, dismissed this
House."
Franklyn versus Dean;
Ordered, That the Appeal of Franklyn against
Dean, brought into this House the Sixteenth Day of
December One Thousand Seven Hundred and Nine,
be, and is hereby, dismissed this House."
Nugent versus Reiley;
Ordered, That the Appeal of Nugent against
Reiley, brought into this House the Two and Twentieth Day of December One Thousand Seven Hundred and Nine, be, and is hereby, dismissed this
House."
Trotter versus Murray;
Ordered, That the Appeal of Trotter against Murray, brought into this House the Fourteenth Day
of January One Thousand Seven Hundred and Nine,
be, and is hereby, dismissed this House."
Savage versus Meagher;
Ordered, That the Appeal of Savage against
Meagher, brought into this House the Seven and
Twentieth Day of January One Thousand Seven
Hundred and Nine, be, and is hereby, dismissed this
House."
Bolton versus Bolton;
"Ordered, That the Appeal of Bolton against Bolton,
brought into this House the Two and Twentieth Day
of December One Thousand Seven Hundred and Ten,
be, and is hereby, dismissed this House."
Glessel versus Hendry;
"Ordered, That the Appeal of Glessell against
Hendry, brought into this House the Sixteenth Day
of March One Thousand Seven Hundred and Ten,
be, and is hereby, dismissed this House."
Colthurst versus Chinnery;
"Ordered, That the Appeal of Colthurst against
Chinnery, brought into this House the Twelfth Day
of December One Thousand Seven Hundred and
Eleven, be, and is hereby, dismissed this House."
Paterson versus Magistrates of Edinburgh;
"Ordered, That the Appeal of Paterson against
the Magistrates of Edinburgh, brought into this
House the Second Day of February One Thousand
Seven Hundred and Eleven, be, and is hereby, dismissed this House."
L. Mohun versus Minshall;
"Ordered, That the Appeal of the Lord Mohun
against Minshall, brought into this House the Eleventh
Day of February One Thousand Seven Hundred and
Eleven, be, and is hereby, dismissed this House."
Carstairs versus Dick;
Ordered, That the Appeal of Carstairs against
Dick, brought into this House the Thirteenth Day of
April One Thousand Seven Hundred and Thirteen,
be, and is hereby, dismissed this House."
Wilson versus Tiffin;
"Ordered, That the Appeal of Wilson against
Tiffin, brought into this House the One and Thirtieth
Day of March One Thousand Seven Hundred
and Fourteen, be, and is hereby, dismissed, this
House."
Bolton versus Bishop;
"Ordered, That the Appeal of Bolton against
Bishop, brought into this House the Nine and Twentieth Day of April One Thousand Seven Hundred and Fifteen, be, and is hereby, dismissed this
House."
Nolan versus Bourke;
"Ordered, That the Appeal of Nolan against
Bourke, brought into this House the One and
Twentieth Day of July One Thousand Seven Hundred and Fifteen, be, and is hereby, dismissed this
House."
Haliday versus Keltie;
"Ordered, That the Appeal of Haliday against
Keltie, brought into this House the Thirteenth Day
of August One Thousand Seven Hundred and Fifteen,
be, and is hereby, dismissed this House."
Kennedy versus Moore;
"Ordered, That the Appeal of Kennedy against
Moore, brought into this House the Eighth Day of
February One Thousand Seven Hundred and Fifteen,
be, and is hereby, dismissed this House."
Burke versus Lynch;
"Ordered, That the Appeal of Burke against
Lynch, brought into this House the Seven and Twentieth Day of March One Thousand Seven Hundred and Sixteen, be, and is hereby, dismissed this
House."
Car versus Haldane;
"Ordered, That the Appeal of Car against Haldane, brought into this House the Nine and Twentieth Day of March One Thousand Seven Hundred and Seventeen, be, and is hereby, dismissed this
House."
Cochran versus Douglas;
"Ordered, That the Appeal of Cochran against
Douglas, brought into this House the First Day of
April One Thousand Seven Hundred and Seventeen,
be, and is hereby, dismissed this House."
L. V. Mount-Cashell versus Hayes;
"Ordered, That the Appeal of the Lord Viscount
Mount Cashell against Hayes, brought into this House
the Five and Twentieth Day of November One Thousand Seven Hundred and Seventeen, be, and is hereby, dismissed this House."
Cochran versus Blair;
"Ordered, That the Appeal of Cochran against
Blair, brought into this House the Twelfth Day of
December One Thousand Seven Hundred and Seventeen, be, and is hereby, dismissed this House."
Cariton versus L. Bellew;
"Ordered, That the Appeal of Carlton against the
Lord Bellew, Brought into this House the Sixteenth
Day of December One Thousand Seven Hundred
and Seventeen, be, and is hereby, dismissed this
House."
Hamilton versus Hamilton;
"Ordered, That the Appeal of Hamilton against
Hamilton, brought into this House the Three and
Twentieth Day of December One Thousand Seven
Hundred and Seventeen, be, and is hereby, dismissed
this House."
Burnet versus Burnet;
"Ordered, That the Appeal of Burnet against
Burnet, brought into this House the Fifteenth Day
of March One Thousand Seven Hundred and Seventeen, be, and is hereby, dismissed this House."
Burgh versus Fitz Gerald;
"Ordered, That the Appeal of Burgh against
Fitzgerald, brought into this House the Sixteenth
Day of February One Thousand Seven Hundred
and Eighteen, be, and is hereby, dismissed this
House."
and Hamilton versus Watson.
"Ordered, That the Appeal of Hamilton against
Watson, brought into this House the Eight and Twentieth Day of February One Thousand Seven Hundred and Eighteen, be, and is hereby, dismissed this
House."
Appeals presented this Session to which no Answers have been put in, to stand dismissed, unless prosecuted within Fourteen Days.
"Ordered, That as to such Appeals as have
been presented to this House in this Session of Parliament, in which the Time for answering is expired,
and no Answer hath been put in, nor any Application made by the Appellant to this House, for appointing a peremptory Day to answer, that the same
shall stand dismissed, unless within Fourteen Days
next the Respondent shall put in an Answer, or the
Appellant apply to the House for a peremptory Day
for answering; but such Dismission to be without
Prejudice to the Appellants presenting a new Appeal
thereafter, as they shall be advised."
Appeals to which Answers have been put in, to stand dismissed, unless Prosecuted within Eight Days.
"Ordered, That such Appeals as have been presented in this Session, to which Answers have been
put in, but no Application hath been made to this
House to appoint a Day for hearing; as also the
Appeal of Preston against the Lord Ferrard, to
which an Answer was put in during this Session,
shall stand dismissed, unless Application shall be made
to this House, either by the Appellant or Respondent, within Eight Days next, for appointing a Day
for hearing such Appeals; but without Prejudice to
the Appellants presenting a new Appeal thereafter, as
they shall be advised."
The Earl of Clarendon also further reported from the
same Committee, "That they had taken into Consideration the Matter of the Instruction of the House,
directing them to consider of some proper Method
for the bringing on and determining Appeals not
determined in the same Session in which they were
first brought; and were come to the Two following
Resolutions; (videlicet,)
Appeals not determined to be brought on the Beginning of the next Session, or atand dismissed.
"That such Appeals as have been presented during
this Session, to which Answers have been, or shall
be, put in during this Session, and which shall not
be determined in this Session; and all such Appeals
as shall be presented in any subsequent Session, to
which Answers shall be put in during the same Session, and not determined in such Session; if neither
the Appellant or Respondent shall apply to this House
within Eight Days, to be accounted from and after
the First Day of the next Session or Meeting of Parliament, for a Day for hearing such Appeals, shall
stand dismissed; but without Prejudice to the Appellants presenting any new Appeals thereafter, as
they shall be advised."
Appeals to which no Answers are put in to stand dismissed, unless prosecuted to the next Session.
"That such Appeals as have been presented during
this Session, to which no Answers have been or shall
be put in during this Session; and all such Appeals
as shall be presented in any subsequent Session, to
which no Answers shall be put in during the same
Session; if neither the Appellant, within Eight
Days, to be accounted from and after the First Day
of the next Session or Meeting of Parliament, shall
apply to this House to appoint a peremptory Day to
answer, nor the Respondent put in an Answer within
the said Eight Days, such Appeals shall stand dismissed; but without Prejudice to the Appellants
presenting any new Appeals thereafter to this House,
as they shall be advised."
Which, being read by the Clerk, were severally
agreed to by the House.
And it being moved, "That the same be made Standing Orders of this House:"
Ordered, That, on Saturday next, this House will
take the said Motion into Consideration; and the Lords
to be summoned.
Answers to Appeals to be eadorsed, and the Times when brought in to be entered.
Ordered, That when any Answer to an Appeal
shall be put in for the future, the Clerk to whom it
shall be delivered do immediately endorse thereon the
Day on which such Answer is brought in; and that the
Names of the Parties answering, and to whose Appeals
such Answers are put in, be the same Day entered in
the Journal of this House.
Then it being moved, "That the same be made a
Standing Order of this House:"
Ordered, That on Saturday next this House will
take the said Motion into Consideration.
Ordered, That the Two Orders aforementioned,
which relate to the speedy bringing on Appeals this
Session, be affixed on the Doors of this House and
Westminster Hall, that all Parties concerned may the
better take Notice of the same.
Grutzman's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for naturalizing John Henry Grutzmann."
The Question was put, "Whether this Bill
shall pass?"
It was Resolved in the Affirmative.
Backer's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for naturalizing John Backer."
The Question was put, "Whether this Bill, with
the Amendments, shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. with the Two preceding Bills.
And Messages were severally sent to the House of
Commons, by Mr. Bennet and Mr. Godfrey:
To acquaint them, that the Lords have agreed to the
First mentioned Bill, without any Amendment; and to
the other, with some Amendments, whereunto their
Lordships desire their Concurrence.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
tricesimum diem instantis Martii, hora undecima Auror.
Dominis sic decernentibus.
DIE Mercurii, 30o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Cestrien.
Epus. Litch. & Cov.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Bolton.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
March. Annandale.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Bridgewater.
Comes Westmorland.
Comes Sunderland.
Comes Clarendon.
Comes Berkeley.
Comes Rochester.
Comes Abingdon.
Comes Holderness.
Comes Warrington.
Comes Coventry.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Ilay.
Comes Ferrers.
Comes Tankerville.
Comes Aylesford.
Comes Halifax.
Comes Sussex.
Comes Cowper.
Comes Coningesby.
Viscount Say & Seal.
Viscount Townshend.
Viscount Tadcaster.
Viscount Castleton.
Viscount St. John.
Viscount Cobham. |
Ds. Delawar.
Ds. Hunsdon.
Ds. Maynard.
Ds. Byron.
Ds. Cornwallis.
Ds. Lucas.
Ds. Guilford.
Ds. Weston.
Ds. Rosse.
Ds. Harcourt.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Carleton.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh.
Ds. Pawlet Bas. |
PRAYERS.
Commissioners forfeited Estates versus Sir R. Grierson:
Counsel were this Day called in, to be heard, upon
the Petition and Appeal of the Commissioners and Trustees of the forfeited Estates, complaining of an Interlocutory Sentence, or Decree, pronounced by the Lords
of Session in Scotland, the Eight and Twentieth Day
of August last, in Favour of Sir Robert Grierson of Lagg
Baronet; as also upon the Answer of the said Sir Robert Grierson put in thereunto.
And the Counsel on both Sides in the First Place
agreeing, "That the said Lords of Session had no Jurisdiction in determining upon that Part of the Respondent's Exception as is founded upon a Right expectant upon an Estate Tail in his Son William Grierson, the Person attainted, to arise upon the Breach
of a Condition, as reported by the Judges:"
They were then fully heard, as to the Merits of
the rest of the Cause.
And being withdrawn; and due Consideration had of
what was offered on either Side in this Case:
Judgement.
It is Resolved and Decreed, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Lords of Session had no Jurisdiction to proceed and determine upon such Part of the said Exception as is
abovementioned; and that their Interlocutory Sentence,
or Decree, so far as the same is founded thereupon, be
therefore declared null and void; and the same is declared and adjudged null and void: And it is Ordered and Adjudged, That as to the said Interlocutory Sentence, or Decree, of the Lords of Session, so
far as the same is founded on that Part of the Exception whereby the Respondent claims the said Estate, as
forfeited to him, as Superior of his Son William Grierson, be, and is hereby, reversed: And it is further
Ordered, That the Respondent be removed from all
Possession of the Estate in Question which he may have
obtained, and from the Receipt of the Rents and Profits thereof; and that the said Commissioners and Trustees of the forfeited Estates take Possession, and receive
the Rents and Profits thereof, and proceed to execute
the Powers and Authorities in them vested with respect
thereto.
Juries, to prevent the corrupting of, Bill.
Whereas To-morrow was appointed, for the Second
Reading of the Bill, intituled, "An Act for preventing
the corrupting of Juries:"
It is Ordered, That the said Bill be read a Second Time on Saturday the Ninth Day of April
next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
primum diem Aprilis jam proxim, sequent. hora undecima Auror. Dominis sic decernentibus.