House of Lords Journal Volume 22
February 1725, 21-28

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History of Parliament Trust

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Year published

1767-1830

Pages

427-433

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'House of Lords Journal Volume 22: February 1725, 21-28', Journal of the House of Lords: volume 22: 1722-1726 (1767-1830), pp. 427-433. URL: http://british-history.ac.uk/report.aspx?compid=113808 Date accessed: 20 April 2014. Add to my bookshelf


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February 1725, 21-28

DIE Lunæ, 22o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Cestriens.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Exon.
Epus. Landav.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Richmond.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Newcastle.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Westmorland.
Comes Berks.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Rothes.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Bristol.
Comes Cadogan.
Comes Harborough.
Comes Pomfret.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Ds. Percy.
Ds. Delawarr.
Ds. Maynard.
Ds. Bruce.
Ds. Berkeley Str.
Ds. Lynne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Viscount Kingsland versus Countess Dowager of Tyrconnell, et è contra:

After hearing Counsel, as well upon the Original Appeal of Nicholas Lord Viscount Kingsland of the Kingdom of Ireland; complaining of an Order and Decree of the Court of Chancery in the said Kingdom, of the Second of December One Thousand Seven Hundred and Twenty, so far as the same directs the Respondent to accompt for the Profits of the Appellant's Real Estate that came to her Hands only; and also against that Part of the said Order which directs her to accompt for such Part of the late Lord Viscount Kingsland's Personal Estate as came to her Hands only; and also of an Order of the same Court, the First of July One Thousand Seven Hundred Twenty-three, made at the Hearing on the Master's special Report and Exceptions; and like wife of the Order made the Twenty-fifth of November following, on re-hearing the Cause wherein the Appellant was Plaintiff, and Frances Countess Dowager of Tyrconnell Defendant; and praying, "That the said several Orders may be reversed:" As also upon the Cross Appeal of the said Frances Countess of Tyrconnell, to which the said Nicholas Lord Viscount Kingsland is Respondent; complaining, "That she the said Countess is aggrieved by the Order abovementioned, of the Second of December One Thousand Seven Hundred and Twenty, and by Part of the said Orders of the First of July and Twenty-fifth of November One Thousand Seven Hundred Twenty-three;" and praying Relief therein:

And the Counsel on both Sides having been fully heard; and due Consideration and Debate had of what was offered in these Causes:

Orders and Decree affirmed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order and Decree of the Second of December One Thousand Seven Hundred and Twenty, complained of in the said Appeal, be, and the same is hereby, affirmed; with this Addition, That, in taking the Accompt directed, such Sums of Money as have been paid to the Respondent, which at the Time of Payment were not expressly mentioned to be paid towards the Portion of the Appellant's Lady, shall be computed and taken to be paid in Discharge of the Rents and Profits which shall appear to have been received by the Respondent; and that what was expressly paid towards the said Portion shall, in the First Place, be applied to the Interest due on the Portion at the Time of such Payment: And it is hereby further Ordered and Adjudged, That all Proceedings subsequent to the said Decree and Order of the Second of December One Thousand Seven Hundred and Twenty be, and are hereby, discharged and set aside.

Wilkinson's Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act to enable James Wilkinson and Trustees to make Leases for One, Two, or Three Lives, or for Years, determinable on One, Two, or Three Lives, or a certain Number of Years, of the Lands, Tenements, and Hereditaments, in Ireland, comprized in his Marriage Settlement."

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

Dux Kingston, C. P. S.
Dux Chandos.
Dux Dorset.
March. Tweeddale.
Comes Westmorland.
Comes Berks.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Findlater.
Comes Bristol.
Comes Cadogan.
Comes Harborough.
Comes Pomfret.
V. Townshend.
V. Tadcaster.
V. Falmouth.
V. Harcourt.
Arch. Ebor.
Epus. Cestriens.
Epus. Litch. & Cov.
Epus. Lincoln.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Exon.
Ds. Percy.
Ds. Delawarr.
Ds. Bruce.
Ds. Lynne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Weston.
Ds. Hay.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Lechmere.
Ds. Walpole.

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

Litherland et al. Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act to enable certain Trustees, therein named, to make a Conveyance of Lands in Thringston, in the County of Leicester, in Pursuance of Articles of Agreement entered into for that Purpose."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees abovenamed:

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

Hertfordshire Roads, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Roads therein mentioned, from the Parish of Enfeild, in the County of Middlesex, to the Town of Hertford, and to the Great Bridge in Ware, in the County of Hertford."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees beforenamed:

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

Sir Edward Blacket's Bill.

The Earl of Warrington reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Estate of Sir Edward Blacket Baronet in Trustees, to be sold, for raising Eight Thousand Pounds, charged thereupon by his late Brother's Marriage Settlement," 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, being read by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Ash versus Sir Wm. Parsons et Ux.

Upon reading the Petition and Appeal of Richard Ash Esquire; complaining of an Order of the Court of Exchequer in Ireland, of the Third Day of December last, in a Cause wherein Sir William Persons Baronet and Dame Elizabeth his Wife, Widow and Administratrix of Doctor Dillon Ash her late Husband, deceased, were Plaintiffs, and the Petitioner and others were Defendants; and praying, "That the same may be reversed:"

And thereupon a Certificate, under the Hand of the Deputy Chief Remembrancer of the said Court of Exchequer, "that the said Order was not signed till the Eighteenth of January last," being read:

It is Ordered, That the said Sir William Parsons and Dame Elizabeth his Wife may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on or before Monday the Twenty-ninth Day of March next; and that Service of this Order on the Respondents Clerk, or Attorney, in the said Court of Exchequer in Ireland, be deemed good Service.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 23o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm.
Epus. Winton.
Epus. Cestriens.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon.
Epus. Landav.
Dux Kingston, C. P. S.
Dux Grafton, Camerarius.
Dux Devon.
Dux Montagu.
Dux Kent.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
March. Tweeddale.
Comes Exon.
Comes Warwick & Holland.
Comes Westmorland.
Comes Berks.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Bristol.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
2. Viscount Lonsdale.
1. Viscount Hatton.
Viscount Cobham.
Viscount Falmouth.
Ds. Percy.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Lynne.
Ds. Osborne.
Ds. Guilford.
Ds. Ashburnham.
Ds. Herbert.
Ds. Hay.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Wekett & Ux. versus Raby:

After hearing Counsel, upon the Petition and Appeal of William Wekett Esquire and Mary his Wife; complaining of a Decree of the Court of Chancery, made the Twenty-second Day of February One Thousand Seven Hundred Twenty-three, in a Cause wherein John Raby Esquire was Plaintiff, and the Appellants were Defendants; and praying, "That the same may be reversed, and the Plaintiffs Bill dismissed with Costs:" As also upon the Answer of the said John Raby put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Decree complained of in the said Appeal, which orders, "That the Bond given by the Respondent to Walter Pigot Esquire should be delivered up, to be canceled; and that Satisfaction should be acknowledged on Record, of the Judgement given, by Order of the said Court, upon the said Bond," be, and is hereby, affirmed: And it is further Ordered and Adjudged, That the remaining Part of the said Decree which directs, "That the Appellant should pay the Respondent his Costs both at Law and Equity, to be taxed by Mr. Godfrey, One of the Masters of the same Court," be, and is hereby, reversed.

Sheffield Charity Bill:

Upon reading the Petition of Thomas Duke of Norfolk, Heir at Law to Gilbert sometime Earl of Shrewsbury, long since deceased, Founder of the Hospital called The Hospital of Gilbert Earl of Shrewsbury, erected at Sheffield, in the County of York, William Jessop Esquire and Joseph Banks Esquire, Trustees of the Lands and Hereditaments settled for the Maintenance of the said Hospital, John Dossie Clerk Governor of the said Hospital, and Anthony Morton, Thomas Muller, David Wagstasse, John Wild, James Lee, William Perry, John Barns, John Baker, Anthony Kay, Richard Bate, Mary Allen, (fn. 1) Rebeccas Greenwood, Mary Hancock, Sarah Ainsly, Mary Smith, Sarah Balgny, Hellen Hawksley, Anne Bromhead, Catherine Creswick, and Lydia Blyth; praying Leave to bring in a Bill, for vesting in Trustees several Lands, Tenements, and Hereditaments, in the Counties of York and Derby, for the Maintenance of the poor Persons in the said Hospital; and for enlarging the Buildings thereof; and adding more poor Persons to those already established therein:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill read.

And thereupon, the Lord Archbishop of York presented to the House the Bill, intituled, "An Act for vesting in Trustees several Lands, Tenements, and Hereditaments, in the Counties of York and Derby, for the Maintenance of the poor Persons in the Hospital of Gilbert, Earl of Shrewsbury, long since deceased, situate at Sheffield, in the said County of York; and for enlarging the Buildings of the said Hospital; and adding more poor Persons to those already established therein."

And the said Bill was read the First Time.

Blacket's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Sir Edward Blacket Baronet in Trustees, to be sold, for raising Eight Thousand Pounds, charged thereupon by his late Brother's Marriage Settlement."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Thurston:

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

McGuire versus Maddin.

Upon reading the Petition and Appeal of Richard McGuire of the City of Dublin Merchant; complaining of Two Orders, or Decrees, of the Court of Chancery in Ireland, of the Tenth of July 1723, and Fourth of this Instant February, in a Cause wherein Richard Maddin Merchant was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed, and the Injunction dissolved, and the Plaintiff's Bill dismissed with Costs:"

It is Ordered, That the said Richard Maddin may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Thirtieth Day of March next; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery in Ireland be deemed good Service.

Consents to Sheffield Hospital Bill signed.

The House was informed, "That a Person attended at the Door, who could prove the Hands to a Copy of the Bill in relation to Sheffield Hospital, and desired to be admitted so to do; his Occasions necessarily requiring his speedy going out of Town."

And thereupon Daniel Bridges was called in; and delivered in a Copy of the said Bill, and attested upon Oath, "That the same was a true Copy; and that he saw the several Persons subscribing write their Names, signifying their Consent thereto."

And withdrew.

Hester, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Anne Hester the Elder, Relict of William Hester the Elder late of London Marchant deceased, and Anne Hester the Younger her Daughter, on Behalf of themselves and of William Hester Son of the said William Hester, 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 and rendering more effectual an Agreement made between Anne Hester Widow, William Hester and Anne Hester the Younger; and for vesting in Trustees certain Messuages and Tenements, in the Parish of St. Olave, in Southwark, in the County of Surrey; and to enable them to convey the same, pursuant to Articles of Agreement made for Sale thereof; and for other Purposes therein mentioned."

Ash versus Pendarves.

The House was informed, "That Lawrence Nowlan attended, with some Papers or Proceedings to be made Use of on hearing the Cause wherein Richad Ash Esquire is Appellant, and Sir William Parsons Baronet and Dame Elizabeth his Wife are Respondents, and desired now to prove the same to be true Copies."

He was thereupon called in; and delivered a Bill, and Answer, to the Clerk, at the Bar; and attested upon Oath, "That the same were true Copies, he having examined them with the proper Officer in the Exchequer in Ireland."

And then he withdrew.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 24o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Cestriens.
Epus. Litch. & Cov.
Epus. Lincoln.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Epus. Landav.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Grafton, Camerarius.
Dux St. Albans.
Dux Devon.
Dux Montagu.
Dux Kent.
Dux Newcastle.
Dux Wharton.
Dux Bridgewater.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Warwick & Holland.
Comes Westmorland.
Comes Peterborow & Monmouth.
Comes Sunderland.
Comes Clarendon & Rochester.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Viscount Say & Seale.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Ds. Perey.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Lynne.
Ds. Arundell Tr.
Ds. Osborne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Campbells versus Campbell.

This Day the Answer of George Campbell of Edinburgh Surgeon, to the Appeal of Marion, Anne, and Elizabeth Campbell, Infants, by Elizabeth Campbell, their Mother and Guardian, was brought in.

Hertfordshire Roads Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Roads therein mentioned, from the Parish of Enfeild, in the County of Middlesex, to the Town of Hertford, and to the Great Bridge in Ware, in the County of Hertford," was committed: That the Committee had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Freman and others:

With a Bill, intituled, "An Act for the Relief of Insolvent Debtors;" to which they desire the Concurrence of this House.

Bickford & Ux. versus Pendarves & al.

After hearing Counsel, upon the Petition and Appeal of William Bickford Esquire and Damaris his Wife; complaining of a Decree of the late Lord Chancellor of Great Britain, made the Seventeenth of July last, reversing a Decree of the Master of the Rolls, the Twenty-eighth Day of June One Thousand Seven Hundred Twenty-three, made in a Cause wherein the Appellants were Plaintiffs, and Sir William Pendarves Knight, Dame Penelope his Wife, Robert Hoblyn an Infant by the said Sir William Pendarves his Guardian, Charles Holt and Martha his Wife, were Defendants; and praying, "That the said Decree of the late Lord Chancellor may be reversed; and that the said Decree of the Master of the Rolls may stand; and that the Appellants may have such other Relief as this House shall see fit:" As also upon the Answers of the said Robert Hoblyn, Sir William Pendarves and Dame Penelope his Wife, and Charles Holt and Martha his Wife, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause; and hearing the unanimous Opinion of all the Judges present, in relation to a Matter of Law to them proposed:

Lord Chancellor's Decree reversed; Master of the Rolls Decree affirmed, with an Addition.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of the late Lord Chancellor be, and is hereby, reversed; and that the said Decree of the Master of the Rolls be, and is hereby, affirmed, with this additional Order and Direction, That the Respondents Charles Holt and Martha his Wife, during their joint Lives, and the said Martha, in case she survive her said Husband, shall have, take, and enjoy, during the natural Life of the said Martha, the said Annuity, or Rent Charge, of Two Hundred Pounds per Annum, according to the Form and Effect of the Indenture Quinquepartite, bearing Date the Twenty-third of October One Thousand Six Hundred Ninety-three; and that the Court of Chancery do cause an Inquiry to be made into the Value of the Lands subject to the said Annuity; and that if the said Annuitants, or either of them, do levy, receive, or take, any Part of the said Annuity out of the Lands decreed hereby to the Appellant Damaris, that the said Damaris, her Heirs or Assigns, shall be reimbursed and re-paid the same, out of the other Lands, subject by the said Deed of the Twenty-third of October One Thousand Six Hundred Ninety-three, to the Payment of the said Annuity or Rent Charge; and that the Court of Chancery do give such Directions in Pursuance of this Judgement as shall be just.

Hertford shire Roads Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Roads therein mentioned, from the Parish of Enfeild, in the County of Middlesex, to the Town of Hertford, and to the Great Bridge in Ware, in the County of Hertford."

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. Thurston:

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

Hester's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming and rendering effectual an Agreement made between Anne Hester Widow, William Hester and Anne Hester the Younger; and for vesting in Trustees certain Messuages and Tenements, in the Parish of St. Olave, in Southwark, in the County of Surry, to enable them to convey the same, pursuant to Articles of Agreement made for Sale thereof; and for other Purposes therein mentioned."

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

Dux Kent.
Dux Bridgewater.
Comes Lincoln.
Comes Westmorland.
Comes Clarendon.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Findlater.
Comes Ilay.
Comes Uxbridge.
Comes Sussex.
Comes Harborough.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Arch. Ebor.
Epus. Winton.
Epus. Lincoln.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Bristol.
Epus. Landavens.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Lynne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Lechmere.

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

Campbell versus Campbells:

A Petition of George Campbell of Edinburgh Surgeon, Appellant in a Cause depending in this House, wherein Marion, Anna, and Elizabeth Campbells Infants, and their Tutors and Curators are Respondents, was presented to the House, and read; setting forth, "That, since a Day was appointed for hearing the said Cause, the Respondents have brought their Cross Appeal; to which the Petitioner has put in his Answer;" and praying, "That the Hearing the Original Appeal, which stands appointed for Saturday next, may be put off for some Time, that so both Causes may be heard together."

And thereupon the Agents on both Sides were called in, and heard touching the said Petition.

And being withdrawn:

It is Ordered, That the Hearing the said Cause be adjourned to Thursday the Eleventh Day of March next; and that the Cross Appeal of the said Marion, Anna, and Elizabeth Campbells, by Elizabeth Campbell their Mother and Guardian, be heard at the same Time.

Burton and Netley versus Slattery:

The House was informed, "That Robert Harrison attended, with some Pleadings and Proceedings, to be made Use of on hearing the Cause wherein Benjamin Burton and Richard Nutley Esquires are Appellants, and John Slattery Gentleman is Respondent, on Behalf of the said Appellants, and desired now to prove the same to be true Copies."

Pleadings proved.

He was thereupon called in; and delivered to the Clerk, at the Bar, the said Pleadings and Proceedings; and attested upon Oath, "That the same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 26o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Cestriens.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon.
Epus. Landav.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Graston, Camerarius.
Dux Devon.
Dux Roxburgh.
Dux Kent.
Dux Newcastle.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Exeter.
Comes Westmorland.
Comes Berks.
Comes Clarendon & Rochester.
Comes Litchfield.
Comes Yarmouth.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Halifax.
Comes Cadogan.
Comes Harborough.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Clinton.
Ds. Maynard.
Ds. Lynne.
Ds. Osborne.
Ds. Ashburnham.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Walpole.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Guy's Charuy Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for incorporating the Executors of the last Will and Testament of Thomas Guy, late of the City of London, Esquire, deceased, in order to the better Management and Disposition of the Charities given by his said last Will," was committed: "That the Committee had gone through the said Bill, and made several Amendments thereunto."

Which were read Twice by the Clerk, and agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

L. Osborne's Privilege:

Complaint being made to the House, and Oath made at the Bar, "That William Gale, a Bailiff, did use several scandalous, insolent, and opprobrious Words, highly reslecting on Peregrine Lord Osborne, in Breach of the Privilege of this House:"

Gale attached, for scandalous Words.

It is Ordered, That the Gentleman Usher of the Black Rod do forthwith attach the Body of the said William Gale, and bring him in safe Custody to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant on that Behalf.

To Sir William Sanderson Knight and Baronet, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Messages from H.C. with Bills.

A Message was brought from the House of Commons, by Mr. Freman and others:

With a Bill, intituled, "An Act to enable Simon Thorowgood Gentleman to change his Surname of Thorowgood to that of Lord;" to which they desire the Concurrence of this House.

Also, a Message was brought from the House of Commons, by Mr. Thomas Pelham and others:

With a Bill, intituled, "An Act for enabling John Philips Esquire, and his Issue, to take and use the Surname of Goodwin;" to which they desire the Concurrence of this House.

Perry versus Boswell:

After hearing Counsel, upon the Petition and Appeal of John Perry; complaining of a Decree of the Court of Chancery, made the Thirty-first of October last, in a Cause wherein William Boswell was Plaintiff, and the Appellant and Humphry Parsons Esquire were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said William Boswell 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 said Decree therein complained of be, and is hereby, affirmed.

D. of Bedford, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Wriothesly Duke of Bedford, an Infant, by Scroop Duke of Bridgewater his Guardian, 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 settling the Estates of the most Noble Wriothesly Duke of Bedford, on his Marriage with the Right Honourable the Lady Anne Egerton, Daughter of the most Noble Scroop Duke of Bridgewater."

Philips to change his Name to Goodwin, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for enabling John Philips Esquire, and his Issue, to take and use the Surname of Goodwin."

Sheldon & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Elizabeth Sheldon, Widow and Relict of Gilbert Sheldon Esquire deceased, and others, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for the Sale of the Manors of Middle Ditchford alias Freemans Ditchford, Guys Ditchford alias Over Ditchford, and other Lands therein mentioned, in the County of Worcester, for Payment of the Debts of Gilbert Sheldon Esquire deceased; and for making Provision for his Widow, his Children, and Grand-children; and other Purposes therein mentioned."

Thorowgood's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Simon Thorowgood Gentleman to change his Surname of Thorowgood to that of Lord."

Chamberlaine versus White:

Whereas, by Order of this House, of the Twenty-fifth of January last, Mary White alias Chamberlaine was required peremptorily to put in her Answer to the Appeal of Christopher Chamberlaine Gentleman in a Week, which she has neglected to do:

And the House being this Day moved, "That a Day may be appointed, for hearing the said Cause:"

Hearing appointed, ex Parte.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, ex Parte, on the First vacant Day for Causes after those already appointed.

Mitchell versus Denniston & al.:

The House was informed, "That the Heir and Executor of George Denniston deceased, and also the Creditors of Robert Craige, who, by Order of this House of the Fifteenth of January last, were required to put in their Answer or respective Answers to the Appeal of William Mitchell Merchant on or before the Nineteenth Instant, have neglected to put in their Answers thereunto, though duly served with the said Order for that Purpose:"

And thereupon an Affidavit, made by Richard Connell of the City of Dublin Gentleman, of the due Service of the said Order, being read:

To answer peremptorily.

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, in a Week.

Lightburne & Ux. versus Swift & al. et è contra:

Whereas Monday next is appointed, for hearing the Causes wherein Stafford Lightbourne Clerk and Hannah his Wife are Appellants, and Elizabeth Swift Widow, Dean Swift an Insant, and Samuel Clarke Esquire, are Respondents; et è contra:

It is Ordered, That the Hearing the said Causes be adjourned to Tuesday next.

Widdrington Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Ralph Widdrington of Cheeseburne Grainge in the County of Northumberland 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 vesting Part of the Estate of Ralph Widdrington Esquire in Trustees, to be sold, for Payment of the Debts of the said Ralph Widdrington."

O Hara versus O Neile.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charles O Hara Esquire is Appellant, and Tully O Neile Esquire is 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.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, secundum diem Martii, jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.

Die Lunæ, 29o Novembris, 1725, hitherto examined by us,

Jo. Carliol.
Jo. Norwich.
De Lawarr.

Footnotes

1 Sic.