March 1726, 21-30
DIE Martis, 22o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Asaphens.
Epus. Oxon.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol. |
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Roxburgh.
Dux Newcastle.
Dux Greenwich.
Dux Chandos.
March. Tweeddale.
Comes Huntingdon.
Comes Lincoln.
Comes Warwick.
Comes Peterborow.
Comes Chesterfield.
Comes Scarbrough.
Comes Coventry.
Comes Godolphin.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Stair.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Bristol.
Comes Harborough.
Comes Pomfret.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Compton.
Ds. Brooke.
Ds. Cornwallis.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Gower.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
Wilmot versus Brand.
The Answer of Thomas Brand, One of the Respondents to the Appeal of John Wilmott, Jonathan Welch,
and Thomas Alsop:
Pratt versus Jackson.
Also, the Answer of Mary Jackson, to the Appeal of
Samuel Pratt:
Were this Day brought in.
Birmingham Roads, to repair, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
repairing the Roads leading from Birmingham,
through Warwick, to Warmington; and from Birmingham, through Stratford upon Avon, to Edghill, in the
County of Warwick."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Dux Devon, Præses.
Ds. Trevor, C. P. S.
Dux Grafton, Camerarius.
Dux Roxburgh.
Dux Newcastle.
Dux Greenwich.
Dux Chandos.
March. Tweeddale.
Comes Huntingdon.
Comes Lincoln.
Comes Warwick.
Comes Chesterfield.
Comes Scarbrough.
Comes Coventry.
Comes Godolphin.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Strafford.
Comes Harborough.
Comes Pomfret.
Viscount Hatton.
Viscount Tadcaster.
Viscount Falmouth.
Viscount Harcourt. |
Arch. Ebor.
Epus. London.
Epus. Oxon.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Compton.
Ds. Brooke.
Ds. Cornwallis.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Gower.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
Their Lordships, or any Five of them; to meet
To-morrow, at Ten a Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Cherrill Road, to repair, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
enlarging the Term granted by an Act passed in the
Sixth Year of the Reign of Her late Majesty Queen
Anne, intituled, An Act for the better Amendment
of that Way which leads from Cherrill, through
Calne, to Studley Bridge, in the County of Wilts; and
for making the said Act more effectual; and for extending the Road so to be amended, from Cherill,
to The Three Miles Borough, at the Top of Cherrill
Hill."
Ordered, That the said Bill be committed to
the Consideration of the Lords Committees before
named:
Their Lordships, or any Five of them; to meet
on Friday next, at the same Place; and to adjourn as they please.
Pender against the King, in Error:
One Counsel of a Side were called in, and heard,
pursuant to the Order on Friday last; reserving the Consideration of the Matter of Costs till this Day.
Judges Opinion about Costs delivered.
And the Two Lord Chief Justices (according to Order) attending, delivered it as their Opinion, "That
Costs did not lie in this Case."
The King against Herles.
Counsel (according to Order) were called in, and
further heard, to argue the Errors assigned upon a Writ
of Error brought into this House the Ninth Day of February last, upon the Allowance of a Return to a Writ
of Mandamus in the Court of King's Bench, for the
swearing and admitting Peter Pender into the Office of
Mayor of Penryn, in the County of Cornwall; in which
Writ of Error the King is Plaintiff, and John Herle
Esquire Defendant.
And due Consideration had of what was offered in
this Case:
Writ of Error quashed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Writ of Error, being brought upon Proceedings at
Common Law only, on a Writ of Mandamus, be, and
the same is hereby, quashed.
The Tenor of which Judgement, to be affixed to
the Transcript of the Record to be remitted, follows:
"Ad quem Diem, coram Domino Rege & Proceribus suis in Parliamento suo apud Westm. præd. ven.
tam præd. Coron. & Attorn. Domini Regis, qui
pro eodem Domino Rege in hac Parte sequitur,
quam præd. Joh'es Herle per Attorn. suum præd.;
super quo, vis. & per Curiam Parliamenti præd. nunc
hic plenius intellectis omnibus & singulis Præmiss.
ac diligent. examinat. & inspect. Record. & Process.
præd. pro eo quod constat præd. Cur. Parliamenti
quod Breve de Error. præd. super dict. Breve de
Mandamus minim. rite impetrat. fuit in hac Parte,
ac cassabile Lege existit, cons. est per eandem Cur.
Parliamenti, quod Breve de Errore ill. cassetur."
Fees of the Officers and Clerks of the House, Report of.
The Lord Delawarr reported from the Lords Committees appointed to examine what Fees the Officers
and Clerks of this House have a Right to take, or demand, for any Proceedings before this House, or any
Committee of the House, upon Bills or Proceedings in
Judicature: "That the Committee examined the Officers and Clerks belonging to this House, as to what
Fees they claimed and received, and by what Authority they did the same: That they produced an old
Roll of Fees, which, they said, was their Guide in
most Things; but, when any Business happened that
was not mentioned in the said Roll, they took such
Fees as they apprehended their Predecessors had
done. The Committee thought it their Duty, first,
to examine the Authority of the Roll they referred
to, for which they had Recourse to the Journals; and
there found, That, on the Twenty-sixth of June
1628, the Sub-committee of Privileges was directed
to examine what Fees were due to all the Officers of
this House; on which Day the Parliament was prorogued: That, on the Twenty-seventh of January
following, the like Order was again made; after
which, on the Tenth of March 1628, that Parliament
was dissolved; and no other Parliament was called
and held till the Thirteenth of April 1640; on the
Twenty-ninth of which Month, as it appears from
the Journal of that Day, a Report was made to the
House, of all the Officers ancient Fees; which was
appointed to be read at some other Time: That on
the First of May then following, that Report, as
appears by the Journal, was read and approved.
But the Committee observes, that notwithstanding
that Report was made on the Twenty-ninth of April
1640, and approved the First of May following,
That no Committee had been appointed, at any Time
during that Parliament, to examine into the Officers
Fees, or report the same to the House; nor was any
Entry made in the Journal, of the Fees then reported and approved; nor have the Committee any
other Evidence thereof, than a Roll signed by the
then Earl of Warwick; which Roll the Committee
particularly examined, and observed several Razures
in the Roll, and Alterations of Sums from lesser
Sums to greater, and some Articles since inserted;
which plainly appears by the different Hand-writing
and fresher Ink.
"And forasmuch as several of the Fees mentioned
in that Roll, and others that were taken by the Officers and Clerks, appeared to the Committee unreasonable and excessive; the Committee conceived no
further Regard ought to be had to the said Roll; but
are of Opinion, That, in Lieu thereof, the following
Fees ought to be allowed to the Clerks and other
Officers belonging to this House:
"From every Peer, being newly created, on his
first coming to Parliament, or on his being advanced to any higher Dignity;
"To the Gentleman Usher of the Black Rod,
and the like to the Clerk of the Parliaments:
"An Archbishop, Ten Pounds.
"A Duke, Ten Pounds.
"A Marquis, Six Pounds Thirteen and Four
Pence.
"An Earl, Four Pounds Ten Shillings.
"A Viscount, Four Pounds.
"The Bishops of London, Durham, and Winchester,
Four Pounds Ten Shillings.
"A Bishop, Three Pounds.
"A Baron, Two Pounds Ten Shillings.
"To the Clerk Assistant:
"From
"An Archbishop, One Pound Ten Shillings.
"A Duke, One Pound Ten Shillings.
"A Marquis, One Pound Five Shillings.
"An Earl, One Pound.
"A Viscount, One Pound.
"The Bishops of London, Durham, and Winchester,
One Pound.
"Every other Bishop, Ten Shillings.
"A Baron, Ten Shillings.
"To the Yeoman Usher:
"From
"An Archbishop, One Pound Ten Shillings.
"A Duke, One Pound Ten Shillings.
"A Marquis, One Pound Five Shillings.
"An Earl, One Pound.
"A Viscount, One Pound.
"Bishops of London, Durham, and Winchester, One
Pound.
"Every other Bishop, Ten Shillings.
"A Baron, Ten Shillings.
"To the Doorkeepers:
"From
"An Archbishop, Four Pounds.
"A Duke, Four Pounds.
"A Marquis, Three Pounds Ten Shillings.
"An Earl, Three Pounds.
"A Viscount, Two Pounds.
"Bishops of London, Durham, and Winchester, Three
Pounds.
"Every other Bishop, Two Pounds.
"A Baron, Two Pounds.
"But the Committee are of Opinion, That these
Fees ought not to be paid by any Peer whose
Peerage comes to him by Descent, or to whom any
higher Honour shall descend; and that no Bishops
should pay any such Fees on any Translation, unless
it be to an Archbishopric, or to the Bishoprles of
London, Durham, and Winchester.
"Every Peer to pay to the Clerk Assistant, for
writing and entering his Proxy, Five Shillings.
"For every Order, made on a Petition for bringing
in a Private Bill:
"To the Clerk of the Parliaments, Ten Shillings;
"Clerk Assistant, Four Shillings and Six Pence;
"Reading Clerk, Two Shillings;
"For each Petition.
"To the Clerk Assistant, for swearing each Witness,
One Shilling.
"The like to the Yeoman Usher.
"A Certificate of their being sworn, for the Satisfaction of the Judges, pursuant to the Standing Orders of this House, Six Shillings and Eight Pence.
"Fees on a Private Bill:
"To the Lord Chancellor, or Speaker of this House,
Ten Pounds.
"Clerk of the Parliaments, Five Pounds.
"Gentleman Usher of the Black Rod, Five Pounds.
"Clerk Assistant, Two Pounds.
"Yeoman Usher, One Pound.
"Reading Clerk, Two Pounds.
"Doorkeepers, Five Shillings each, Two Pounds.
"These Fees are to be paid before the Second
Reading of a Bill: And if a Bill concerns divers Persons, as for settling an Award between Lord and Tenants, and the like, or for
a Turnpike to mend any Highway, they are
to pay as for a Double Bill; but no greater
Fees are to be paid for any such Bill, or for
any Private Bill whatsoever, than a Double
Fee: But every Person in a Naturalization
Bill is to pay as for a Single Bill.
"To the Clerk Assistant, for entering the Names of
the Lords Committees, and giving a Copy thereof
if desired, Ten Shillings.
"To the Clerk attending the Committee, Two
Pounds.
"To the Yeoman Usher, One Pound.
"To the Doorkeepers, Two Pounds.
"To the Clerk Assistant, for engrossing of a Private
Bill:
"The First Skin, Thirteen Shillings and Four
Pence.
"Every other Skin, Ten Shillings.
"But the Committee are of Opinion, that Forty
Lines, at the least, ought to be writ on every
such Skin.
"To the Clerk of the Parliaments, for certifying of
a Private Bill, upon a Writ of Certiorari out of
the Chancery, or any other Matter of Record
concerning a private Person into that Court:
"For the First Skin, One Pound Six Shillings and
Eight Pence.
"Every other Skin, Thirteen and Four Pence.
"Upon certifying a Private Bill, as above:
"To the Clerk Assistant, Thirteen Shillings and Four
Pence, for the First Skin.
"Every other Skin, Six Shillings and Eight Pence.
"To the Clerk of the Parliaments, for the examining of the Transcript with the Record upon a
Writ of Error, and reading the same in the House,
One Pound Six Shillings and Eight Pence.
"To the Clerk of the Parliaments and the Clerk
Assistant, to be divided between them, for entering
the Judgement on a Writ of Error, remitting the
same, and every Thing relating thereto, and for
making a Copy thereof, to be preserved in The Parliament-office, Two Pounds Ten Shillings.
"For the Certificate of Diminution on a Writ of
Error, Six Shillings and Eight Pence.
"The Committee also have observed, That, on the
Twelfth of December 1690, there was a Demand
made to this House of Fees, when any Appeal should
be heard at the Bar of this House; which was referred to a Committee; but they cannot find that
the said Committee did come to any Resolution thereon, or make any Report to the House: Wherefore
the Committee have considered what Fees are reasonable for the Officers of this House to demand, on
hearing of Appeals at the Bar of this House; and
are of Opinion, the following Fees ought to be allowed, by both Parties:
"To the Black Rod, Two Pounds.
"To the Yeoman Usher, One Pound.
"To the Doorkeepers, Four Pounds.
"But if the Cause be adjourned, and not decided
or adjudged in One Day, no Fees are to be
paid on any other Days of Hearing than on
the First; and the Doorkeepers, in Consideration of this Fee allowed to them, are to
receive the printed Cases from the Solicitors,
and leave them at every Lord's House, without any other Fee or Reward either for their
receiving or delivering the said Cases.
"For the Copy of a Judgement, on an Appeal, Two
Pounds;
"To be divided between the Clerk of the Parliaments and Clerk Assistant.
"For any Order made in an Appeal depending,
whether by Petition or otherwise, if such Order be
taken out by either Party, and signed by the Clerk
of the Parliaments, Fourteen Shillings and Six
Pence.
"For entering into Recognizance, One Pound.
"To the Clerk of the Parliaments, for searching
for a Record in the Office, Two Shillings and Six
Pence.
"For Ditto, to the Clerk Assistant, One Shilling.
"For the Copy of each Sheet, One Shilling.
"For the Clerk's Hand to a Copy of a Record,
Two Shillings.
"These are all the Fees, the Committee are of Opinion, ought to be allowed to the Clerks or other
Officers of this House, for any Business done in Parliament; and that, if the said Officers or Clerks
should demand, take, or receive, any higher Fee,
or other Gratuity, they ought to incur the Displeasure of this House.
"The Committee further took into their Consideration what Fees were due to the Gentleman Usher of
the Black Rod, on the Commitment of any Peer;
and also what Fees are due to the Clerk of the Parliaments, Clerk Assistant, Gentleman Usher and Yeoman Usher, and Serjeant at Arms, when any Delinquent is committed to their Custody by this House;
and are of Opinion, the following Fees ought to be
taken:
"On the Commitment of any Peer to the Black
Rod:
"From an Archbishop, Twenty Pounds.
"A Duke, Twenty Pounds.
"A Marquis, Thirteen Pounds Six Shillings and
Eight Pence.
"An Earl, Ten Pounds.
"A Viscount, Eight Pounds.
"The Bishops of London, Durham, and Winchester,
Ten Pounds.
"Every other Bishop, Seven Pounds.
"A Baron, Six Pounds Thirteen Shillings and Four
Pence.
"Every Day a Lord continues in the Custody of
the Black Rod, Six Pounds Thirteen Shillings and
Four Pence.
"From a Private Person to the Black Rod:
"Attachment Fee, Five Pounds.
"Discharge, Five Pounds.
"For every Day's Custody, One Pound Six Shillings
and Eight Pence.
"To the Yeoman Usher:
"Attachment Fee, Two Pounds.
"Discharge, Two Pounds.
"To the Clerk of the Parliaments, for the Order
for releasing a Delinquent, Six Pounds Thirteen Shillings and Four Pence.
"For Ditto, to the Clerk Assistant, Two Pounds.
"The Serjeant at Arms to take the like Fees as the
Black Rod from Persons committed to his Custody;
and also to have One Shilling for every Mile he shall
go out of Town to attach any Delinquent.
"If the Gentleman Usher, or Serjeant at Arms, shall
suffer any Person committed to his Custody to go at
large, they shall not only lose their own Fees, but
be charged with the Payment of all other Fees herein before allowed to the several other Officers of
this House for the Commitment or Discharge of such
Person or Persons so suffered to go at large."
Which Report, being read by the Clerk, was agreed
to by the House.
And a List of Fees extracted out of the said Report
being also read:
List of the Fees to be printed:
It is Ordered, That the Fees of the Officers and
Clerks of this House, relating to the Proceedings before this House, or any Committee of the same, contained in the said List, be printed, and affixed on the
Doors of the House, and hung up in the Offices thereunto belonging.
Recognizances not to be stamped.
And Notice being taken, "That the Recognizances
entered into by the Appellants for Payment of
Costs, pursuant to the Standing Order of the Twentyseventh of January 1710, have usually been taken
upon Stamped Parchment:"
Resolved, That it is the Opinion of this House, that
the said Recognizances be not taken upon Stamped Paper or Parchment for the future.
Sir F. Burk's Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of
Part of the Estate of Sir Festus Burke Baronet, towards
discharging the Debts and Incumbrances affecting
the same; and for making a Provision for the Lady
Letitia his Wife, Eldest Daughter of the Right Honourable John late Earl of Clanrickard in the Kingdom of Ireland," was committed: "That they had
considered the said Bill; 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.
Squier versus Dowell.
The House being moved, "That a Day may be
appointed, for hearing the Cause wherein Arthur
Squier Gentleman is Appellant, and John Baker
Dowell Esquire is Respondent:"
It is Ordered, That this House will hear the
said Cause, by Counsel, at the Bar, the First vacant
Day for Causes after those already appointed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii,
vicesimum tertium diem instantis Martii, hora undecima
Auror. Dominis sic decernentibus.
DIE Mercurii, 23o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Winton.
Epus. Asaphens.
Epus. Rossen.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Bristol. |
Ds. King, Cancellarius.
Dux Devon, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Manchester.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Warwick.
Comes Chesterfield.
Comes Sunderland.
Comes Scarsdale.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Bristol.
Comes Harborough.
Viscount Say & Seale.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Delawarr.
Ds. Clinton.
Ds. Howard Eff.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Lechmere. |
PRAYERS.
Parker versus Dixon.
The Answer of Hannah Dixon Widow, One of the
Respondents to the Appeal of Margaret Parker Widow:
Crosley versus Shadforth.
As also the Answer of George Shadforth to the Appeal of Nathaniel Crosley, were this Day brought in.
Pratt versus Clarke & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Samuel Pratt
is Appellant, and Christopher Clarke, Mary Jackson,
and others, are Respondents:"
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.
Williams versus Lane, &c.
The House being informed, "That a Person attended
at the Door, with Copies of Proceedings in the Cause
wherein Edward Williams is Appellant, and John Bell
Lane Esquire and Mary Viscountess Lanesborough are
Respondents:"
Pleadings proved.
Whereupon Mr. Francis Enraght was called in and
sworn; and delivered, at the Bar, Copies of Proceedings
in the said Cause; and attested, "The same were true
Copies, he having examined them with the Originals
in the respective Offices in Ireland."
And withdrew.
Sir J. Rouse versus Barker & al.
After hearing Counsel, upon the Petition and Appeal
of Sir John Rouse Baronet; complaining of a Decree,
or Decretal Order, of the Court of Exchequer, made
the Twenty-fifth of June last, in a Cause wherein the
Appellant was Plaintiff, and John Barker Gentleman,
John Howse Esquire and Lucy his Wife, Charles Ward
Clerk, William Powle and Mary his Wife late Mary
Anthony, John Russell Gentleman, John Mayhew and
Robert Bence Gentlemen, were Defendants; and praying, "That the same may be reversed:" As also upon
the several Answers of the said Defendants 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 Spi
ritual and Temporal in Parliament assembled, That the
said Decree, or Decretal Order, complained of in the
said Appeal, be, and the same is hereby, reversed; and
that the said Court of Exchequer be directed to award
a Commission to such Persons as they shall think proper,
to inquire whether all, or any, and which, of the
Lands contained in the Surrender made by James Mayhew, the Fourteenth of October One Thousand Seven
Hundred and Three, be in the Possession of all, or any,
and which, of the Respondents; and whether all or any
of the Freehold Lands whereof the said James Mayhew was seised, be in the Possession of all, or any, and
which, of the Respondents; and that the Court of
Exchequer do likewise direct, that the Respondents
have Liberty to inspect the Court Rolls, and to take
Copies as they think fit, at their Expence; and that
the Respondents, do upon Oath, within a convenient
Time to be appointed by the said Court of Exchequer,
bring before, and leave with, the Remembrancer of
that Court, all such Deeds, Copies, Writings, and other
Evidences, relating to the Matters in Question, as are
in their respective Custodies or Power; and that the
Appellant have Liberty to inspect them, and take Copies
at his Expence; and that such of the said Deeds, Copies,
Writings, Evidences, and Court Rolls, as either Side
shall require Ten Days before the Execution of the
Commission, shall be produced at the Execution of the
said Commission; and upon the Return of the said
Commission, the Court of Exchequer shall make such
further Order thereon as shall be just.
Lord Saltoun versus Frazer.
The House being moved, "That the Hearing the
Cause wherein Alexander Lord Saltoun is Appellant,
and Mr. William Fraser is Respondent, which stands
appointed for Friday next, may be put off for some
Time, in regard the Parties are under a Treaty for
an Accommodation:"
It is Ordered, That the Hearing the said Cause be
adjourned till Tuesday the Tenth Day of May next.
Sir Festus Burke's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
Sale of Part of the Estate of Sir Festus Burke Baronet, towards discharging the Debts and Incumbrances affecting the same; and for making a Provision for the Lady Letitia his Wife, Eldest Daughter
of John late Earl of Clanrickard in the Kingdom of
Ireland."
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.
John Bennet and Mr. Thurston:
To carry down the said Bill, and desire their Concurrence thereunto.
Birmingham Road to repair, Bill.
The Lord Bishop of Norwich reported from the
Lords Committees to whom the Bill, intituled, "An
Act for repairing the Roads leading from Birmingham, through Warwick, to Warmington; and from
Birmingham, through Stratford upon Avon, to Edge
Hill, in the County of Warwick," was committed:
That the Committee had gone through the said Bill,
and directed him to report the same to the House,
without any Amendment."
Market Harborough Road, to repair, Bill.
The Lord Bishop of Norwich also reported from the
Lords Committees to whom the Bill, intituled, "An
Act for repairing the Road from Market Harborough
to Loughborough, in the County of Leicester," was
committed: "That the Committee had gone through
the said Bill, and directed him to report the same to
the House, without any Amendment."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quartum diem instantis Martii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Jovis, 24o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Arch. Ebor.
Epus. Asaphens.
Epus. Oxon.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens. |
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Montagu.
Dux Roxburgh.
Dux Ancaster & Kesieven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
March. Tweeddale.
Comes Huntingdon.
Comes Lincoln.
Comes Warwick.
Comes Chesterfield.
Comes Scarsdale.
Comes Clarendon.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Stair.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Halifax.
Comes Harborough.
Comes Pomfret.
Viscount Say & Seale.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Howard Eff.
Ds. Compton.
Ds. Brooke.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Lechmere. |
PRAYERS.
Market Harborough Road to repair, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for
repairing the Road from Market Harborough to Loughborough, in the County of Leicester."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Birmingham Road, to repair, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
repairing the Roads leading from Birmingham, through
Warwick, to Warmington; and from Birmingham,
through Stratford upon Avon, to Edge Hill, in the
County of Warwick."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords agree to these Two Bills.
And Messages were severally sent to the House of
Commons, by Mr. John Bennet and Mr. Lightboun:
To acquaint them, that the Lords have agreed to the
said Bills, without any Amendment.
Crosley versus Shadforth.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Nathaniel
Crosley is Appellant, and George Shadforth 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.
Message from H. C. with a Bill.
A Message was brought from the House of Commons,
by Mr. Danvers and others:
With a Bill, intituled, "An Act for naturalizing
Jean Jaques Coulliette de Valicourt;" to which they
desire the Concurrence of this House.
Ash versus Sn W. Parsons & Ux.
The House was informed, "That the Parties in the
Cause wherein Richard Ash Esquire is Appellant,
and Sir William Parsons Baronet and the Lady Elizabeth his Wife are Respondents, were agreed in
relation to the Matters in Difference between them;
and desired Leave to withdraw the Appeal:"
And thereupon Mr. Jabez Collier and Mr. Robert
Allen, the Agents on both Sides, being called in; and
expressing their Desires, on Behalf of their Clients,
"That the said Appeal might be withdrawn:"
Appeal with drawn.
It is Ordered, That Leave be given to withdraw the
said Appeal, as desired.
Duke of Chandos' Privilege; Brignall and King to be brought to the Bar.
A Petition of Edward Brignall and Timothy King, in
Custody of the Gentleman Usher of the Black Rod, for
a Breach of Privilege, in causing Richard Leach, a Servant belonging to the Duke of Chandos, to be arrested,
was presented to the House, and read; acknowledging
their Offences, and expressing their Sorrow for the same;
and praying to be discharged from their Consinement:
It is Ordered, That the Petitioners be brought to
the Bar, in order to their Discharge, paying their Fees.
Resolution for limiting Times for bringing in Appeals:
The House (according to Order) proceeding to take
into Consideration the limiting of the Times for bringing
in Appeals:
It was proposed, "To resolve, That no Petition of
Appeal, from any Decree or Sentence of any Court
of Equity in England or Ireland, or of any Court in
Scotland, before this Time signed and enrolled, or
extracted, shall be received by this House after Five
Years, to be accounted from the Expiration of this
present Session of Parliament, and the End of the
next Session ensuing the said Five Years; nor shall
any Petition of Appeal, from any Decree or Sentence
of any of the said Courts, to be hereafter signed and
enrolled, or extracted, be received by this House,
after Five Years from the signing and enrolling, or
extracting, of such Decree or Sentence, and the End
of the next Session ensuing the said Five Years, unless
the Person entitled to such Appeal be within the
Age of Twenty-one Years, or Covert, Non Compos
Mentis, imprisoned, or out of Great Britain and Ireland, in which Case, such Person shall and may be at
Liberty to bring his Appeal for reversing any such
Decree or Sentence, at any Time within Five Years
next after his full Age, Discoverture, coming of
Sound Mind, Enlargement out of Prison, or coming
into Great Britain or Ireland, and the End of the
next Session of Parliament ensuing the said Five
Years, but not afterwards or otherwise."
Which being objected to, and Debate thereupon;
The Question was put, "Whether to agree to the
aforementioned Proposition?"
It was Resolved in the Affirmative.
Protest against it.
"Dissentient.
"Lechmere."
And a Motion being made, "That the same be made
a Standing Order of this House:"
It is Ordered, That on Tuesday next, this House
will take the said Motion into Consideration, and the
Lords to be summoned.
Duke of Chandos' Privilege; Brignal and King discharged.
Edward Brignall and Timothy King were (according to
Order) brought to the Bar, by the Gentleman Usher of
the Black Rod, in order to their Discharge, where they,
on their Knees, receiving a Reprimand from the Lord
Chancellor for their Offences, were discharged out of
Custody, paying their Fees.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
vicesimum octavum diem instantis Martii, hora undecima
Auroræ, Dominis sic decernentibus.
Die Martis, 21o Februarii, 1726,
hitherto examined by us,
Jo. Carliol.
Jo. Norwich.
De Lawarr.
DIE Lunæ, 28o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Landav. |
Ds. King, Cancellarius.
Dux Devon, Præses.
Dux Dorset, Senescallus.
Dux Montrose.
Dux Roxburgh.
Dux Greenwich.
March. Tweeddale.
Comes Huntingdon.
Comes Chesterfield.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Stair.
Comes Ferrers.
Comes Dartmouth.
Comes Aylesford.
Comes Pomfret.
Viscount Falmouth.
Viscount Harcourt. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Ashburnham.
Ds. Hay.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
Trinity House versus Noble.
This Day the Answer of George Noble Mariner, to
the Appeal of the Master, Wardens, and Affistants, of
the Corporation of Trinity House, was brought in.
Coulliette de Valicourt, Nat. Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for
naturalizing Jean Jaques Coulliette de Valicourt."
Marlborough, &c. Highways, to repair, Bill.
A Message was brought from the House of Commons, by Mr. Bruce and others:
With a Bill, intituled, "An Act for repairing the
Highways from Speenham Land, adjoining to Newbury, in the County of Berks, to Marlborough, in the
County of Wilts;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Sir J. Shaw versus Ly. Houstown.
Upon reading the Petition of John Houstoun Gentleman,
Agent for Dame Margaret Houstoun Widow, Respondent
to the Appeal of Sir John Schaw Baronet; praying,
That the Hearing this Cause may be deferred for a
Day or Two; the Solicitor General being so much
indisposed, that he is not able to attend:"
It is Ordered, That the Hearing the said Cause be
adjourned till Friday next; and that the Cause appointed
for that Day be put off to the Monday following; and
the other Causes on Cause-days removed in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
vicesimum nonum diem instantis Martii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Martis, 29o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Oxon.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Landav. |
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Chandos.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Peterborow.
Comes Chesterfield.
Comes Scarsdale.
Comes Litchfield.
Comes Rochford.
Comes Coventry.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Stair.
Comes Strafford.
Comes Aylesford.
Comes Halifax.
Comes Harborough.
Viscount Say & Seale.
Viscount Hatton.
2. Viscount St. John.
1. Viscount Tadcaster.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Brooke.
Ds. Waldegrave.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Lechmere. |
PRAYERS.
O'Hara versus Sir R. Adair.
This Day the Answer of Sir Robert Adaire, to the
Appeal of Mr. Charles O Hara, was brought in.
Mr. Grey & al. Petition referred to Judges.
Upon reading the Petition of Henry Grey Esquire
and Elizabeth his Wife, Peter Walter Esquire, and Edward Griffin Esquire; praying Leave to bring in a Bill,
for Sale of certain Premises, in the County of Southampton, to discharge the Mortgages charged thereon;
and for other Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of King's Bench and the Lord
Chief Justice of the Court of Common Pleas; with the
usual Directions, according to the Standing Orders.
Breton's Petition referred to Judges.
Upon reading the Petition of Moyle Breton of Kennington in the County of Kent Esquire; praying Leave
to bring in a Bill, for Sale of the Manor of Hoarns, and
certain Farms and Lands in the said County of Kent;
and for settling other Lands and Hereditaments, in the
same County, of greater Value, to the same Uses as
the Estate to be sold stands limited; and for applying
the Overplus to such Uses as the Petitioner and his
Wife shall direct:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Baron of the Court of Exchequer and Mr. Justice
Denton; with the usual Directions, according to the
Standing Orders.
Corporation of Trinity House versus Ryal and Noble.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Master,
Wardens, and Affistants, of the Corporation of
Trinity House, are Appellants, and Maltis Ryall and
George Noble are Respondents:"
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.
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 His Majesty to grant the Inheritance of certain Lands, called
Bowood Park, in the County of Wilts, to Trustees,
for Sir Orlando Bridgeman Baronet and his Heirs,
upon a full Consideration to be paid for the same;"
to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Mr. Charles Mountagu and others:
With a Bill, intituled, "An Act to enable the present and future Inhabitants of the East, North, and
West Sides, or Lines, of St. James's Square, to
make a Rate on themselves, for raising Money sufficient to clean, adorn, and beautify the said Square,
and to continue the same in Repair;" to which they
desire the Concurrence of this House.
A Message was brought from the House of Commons,
by Mr. Robert Lloyd and others:
With a Bill, intituled, "An Act for repairing the
Roads therein mentioned, between Crackley Bank, in
the Parish of Idsall, alias Shiffnall, and the Town of
Shrewsbury, in the County of Salop;" to which they
desire the Concurrence of this House.
Marlborough Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
repairing the Highways from Speenham Land, adjoining to Newbury, in the County of Berks, to
Marlborough, in the County of Wilts."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet),
|
Ds. Trevor, C. P. S.
Dux Kent.
Dux Chandos.
March. Tweeddale.
Comes Lincoln.
Comes Chesterfield.
Comes Litchfield.
Comes Rochford.
Comes Coventry.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Viscount Say & Seale.
Viscount Hatton.
Viscount Falmouth.
Viscount Harcourt. |
Epus. London.
Epus. Petriburgh.
Epus. Bangor.
Epus. Carliol.
Epus. Norwich.
Epus. Hereford.
Epus. Menevens. |
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Brooke.
Ds. Waldegrave.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Lechmere. |
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.
Chivers et Ux. versus Morfoot, in Error:
Whereas this Day was appointed, for hearing the
Errors argued upon the Writ of Error brought into
this House the Twenty-fourth Day of February last,
wherein Philip Chivers and Elizabeth his Wife, Administratrix of Henry Clarke, are Plaintiffs, and Elizabeth
Morfoot Spinster, Executrix of Elizabeth Morfoot Widow,
is Defendant, in order to reverse a Judgement given in
the Court of King's Bench, for the Defendant in Error:
Counsel appearing for the Defendant in Error; but no
Counsel for the Plaintiffs in Error, who made Default:
Judgement affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Judgement given in the Court of King's Bench be,
and is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon,
as if no such Writ of Error had been brought into this
House: And it is further Ordered, That the said
Plaintiffs do pay, or cause to be paid, to the said Defendant, the Sum of Fifty Pounds, for her Costs sustained by reason of the bringing the said Writ of
Error.
The Tenor of which Judgement, to be affixed to
the Transcript of the Record to be remitted,
follows.
"Et quia Cur. dicti Domini Regis hic, coram ipso
Rege in Parliamento suo, de Judicio suo de et super
Præmiss. reddend. nondum advisatur, Dies inde dat.
est Partibus præd. coram dicto Domino Rege in
Parliamento suo, usque Diem Martis, Vicesimum
Nonum Diem Martii extunc prox. sequen. ubicunque &c. de Judicio suo de et super Præmiss.
ill. audiend. eo quod Cur. dicti Domini Regis in Parliamento suo inde nondum &c.; ad quem Diem, coram
dicto Domino Rege in Parliamento suo apud Westm.
ven. præd. Eliz'a Morfoot Executrix, in propria Persona sua; super quo, visis et per Cur. Parliamenti
præd. examinatis tam Record. et Process. præd. ac
Judic. superinde reddit. quam Causis pro Error.
superinde assignat. cons. eil per Cur. Parliamenti
præd. quod Judic. præd. in omnibus affirmetur, cum
Quinquagint. Libr. solvi præd. Eliz'æ Morfoot Executrici, pro Dampnis, Mis. et Custag. suis, Occasione Dilationis Executionis Judic. præd. Prætextu
Prosecution. præd. Brevis de Error.; ac quod Record. præd. remittatur in Cur. dicti Domini Regis,
ad Execution. superinde pro dicta Eliz'a Morfoot
fiend."
Order relating to Appeals, made a Standing Order.
The House (according to Order) proceeding to take
into Consideration the Motion made on Thursday last, for
declaring the Resolution, then agreed to, a Standing
Rule or Order:
And thereupon the same being read by the Clerk:
It was proposed, "To declare, That it be a Standing
Order, and entered on the Roll of Standing Orders
of this House."
And a Debate arising thereupon;
It was moved, "That the said Debate be adjourned."
Which being objected to;
The Question was put, "Whether the said Debate shall be adjourned?"
It was Resolved in the Negative.
Then the Question was put, "Whether the said
Order shall be made a Standing Order?"
It was Resolved in the Affirmative.
And ordered to be entered on the Roll of Standing
Orders.
Byde's Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for
confirming a Lease made by Thomas Byde Esquire, to
James Fordham therein mentioned; and to enable him
to let Leases of any Part of his Estate, for any Number
of Years not exceeding Eighty-eight Years," was
committed: "That they had considered the said Bill;
and that the Parties concerned had given their Consents; and that the Committee had gone through the
Bill, and directed him to report the same to the House,
without any Amendment."
Ordered, That the said Bill be engrossed.
Trye's Bill.
The Lord Delawarr also reported from the Lords
Committees to whom the Bill, intituled, "An Act for
vesting in Trustees the Manors of Hardwick and
Haresfield, and other Lands in the County of Gloucester, the Estate of Thomas Trye Esquire, to be sold,
for Payment of his Debts, and for other Purposes
therein mentioned," was committed: "That they
had considered the said Bill; and that the Parties
concerned had given their Consents; and that the
Committee had gone through the Bill, and made
some Amendments thereto."
Which were read Twice, and agreed to.
Ordered, That the said Bill, with the Amendments,
be engrossed.
Bayly's Bill.
The Lord Delawarr likewise reported from the Lords
Committees to whom the Bill, intituled, "An Act for
discharging certain Lands, in the County of Wilts, from
the Uses and Estates limited thereof in the Settlement made by Zachary Bayly Gentleman, after his
Marriage with Mercy his Wife; and for settling other
Lands, of greater Yearly Value, in the Counties of
Somerset and Wilts, in Lieu thereof," was committed:
That they had considered the said Bill; and that
the Parties concerned had given their Consents; and
that the Committee had gone through the Bill, and
made some Amendments thereunto."
Which were read Twice, and agreed to.
Ordered, That the said Bill, with the Amendments,
be engrossed.
Lowndes's Bill.
The Lord Bishop of Norwich reported from the Lords
Committees to whom the Bill, intituled, "An Act to
enable Charles Lowndes Gentleman, and the Persons
in Remainder after him, to make Contracts for getting
Brick Earth in, and grant Building Leases of, the
House and Ground called Spring Garden, and other
the Ground called Great Spittlefield and Little Spittlefield, in the Parishes of St. Martin in the Fields and
Chelsea, in the County of Middlesex, late the Estate
of William Lowndes Esquire, deceased," was committed:
That the Committee had gone through the said Bill,
and directed him to report the same to the House,
without any Amendment."
Ordered; That the said Bill be engrossed.
Burt's Bill.
The Lord Bishop of Norwich also reported from the
Lords Committees to whom the Bill, intituled, "An Act
for Sale of Part of the Estate of John Burt, deceased, in the County of Southampton," was committed: "That they had considered the said Bill; that
the Parties concerned had given their Consents; and
that the Committee had gone through the Bill, and
made One Amendment thereunto."
Which was read Twice, and agreed to.
Ordered, That the said Bill, with the Amendment,
be engrossed.
Jeffery's Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale
of the Manor of Warkleigh, and other Lands and
Hereditaments, in the Parishes of Warkleigh, Satterly,
and Roborough, in the County of Devon, the Estate
of Thomas Jeffery of the City of Exon Merchant,
towards raising Provisions for Susanna his Wife and
their Children, for securing whereof the said Manor
and Lands were, at the Time of their Marriage,
made liable," was committed: "That they had considered the said Bill; that the Parties concerned had
given their Consents; and that the Committee had
gone through the Bill, and directed him to report
the same to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
O'Hara versus Sir R. Adair.
Upon reading the Petition of Sir Robert Adair, Respondent to the Appeal of Charles O Hara Esquire;
setting forth, "That the Appellant had used several
Delays in bringing on this Cause to a Hearing;" and
praying, "lest the same should not be heard this Session, that a Bye-day may be appointed, for hearing
thereof:"
And thereupon the Agents on both Sides were called
in, and heard.
And being withdrawn:
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Tuesday the Nineteenth Day of April next, at Eleven a Clock.
St James's Square, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to
enable the present and future Inhabitants of the East,
North, and West Sides, or Lanes, of St. James's
Square, to make a Rate on themselves, for raising
Money sufficient to clean, adorn, and beautify the
said Square, and to continue the same in Repair."
Coulliette de Valicourt, Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
naturalizing Jean Jaques Coulliette de Valicourt."
Ordered, That the said Bill be committed to the
Consideration of the same Lords Committees to whom
the Bill for repairing the Highways from Speenham
Land to Marlborough stands committed.
Their Lordships, or any Five of them; to meet on
the same Day, at the same Place; and to adjourn
as they please.
Shrewsbury Roads, to repair, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for
repairing the Roads therein mentioned, between
Crackley Bank, in the Parish of Idsall, alias Shiffnall,
and the Town of Shrewsbury, in the County of Salop."
Sir Orlando Bridgeman's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to
enable His Majesty to grant the Inheritance of
certain Lands called Bowood Park, in the County of
Wilts, to Trustees, for Sir Orlando Bridgeman Baronet and his Heirs, upon a full Consideration to be
paid for the same."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in. diem Mercurii,
tricesimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 30o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. Asaphens.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens. |
Ds. King, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Kent.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Huntingdon.
Comes Pembroke.
Comes Lincoln.
Comes Lercester.
Comes Warwick.
Comes Chesterfield.
Comes Scarsdale.
Comes Rochford.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Strafford.
Comes Halifax.
Comes Pomfret.
Viscount Hatton.
Viscount Lonsdale.
Viscount Falmouth. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Compton.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Hay.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Lechmere. |
PRAYERS.
Ashton versus Smith & al.
The Answer of Jonathan Smith, Richard Lechmere,
Henry Hankey, John Lateward and Mary his Wife,
Edward Missenden, Anne Job, John Cook, and Sarah his
Wife, Mary Warburton, and George Moore, to the Appeal of Joseph Ashton, was this Day brought in.
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 for repairing the
Roads from Lemsford Mill, in the County of Hertford,
to Welwyn, and from thence to Cory's Mill, and from
Welwyn (through Codicot) to Hitchin, in the said
County; and for enlarging the Term granted by an
Act passed in the Sixth Year of the Reign of His
present Majesty, for repairing the Roads from
Steevenage, in the said County, to Biggleswade, in the
County of Bedford;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons,
by Sir William Yonge and others:
With a Bill, intituled, "An Act to prevent frivolous
and vexatious Arrests;" to which they desire the
Concurrence of this House.
A Message was brought from the House of Commons,
by Sir Nathaniel Gould and others:
With a Bill, intituled, "An Act to enable the Lords
Commissioners of the Treasury, or the Lord High Treasurer, for the Time being, to compound with Thomas
Baynton and Robert Shaw, late of London, Merchants
and Copartners, for a Debt due from them to the
Crown, on Account of Bonds given for the Duties of
Tobacco;" to which they desire the Concurrence of
this House.
Byde's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
confirming a Lease made by Thomas Byde Esquire
to James Fordham therein mentioned; and to enable
him to let Leases of any Part of his Estate, for any
Number of Years, not exceeding Eighty-eight
Years."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Lowndes's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
enable Charles Lowndes Gentleman, and the Persons
in Remainder after him, to make Contracts for getting
Brick Earth in, and grant building Leases of, the
House and Ground called Spring Garden, and other
the Ground called Great Spittlefield and Little
Spittlefield, in the Parishes of St. Martin in the
Fields and Chelsea, in the County of Middlesex, late
the Estate of William Lowndes Esquire, deceased."
The Question was put, "Whether this Bill 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. Lightboun and Mr. Thurston:
To carry down the said Bills, and desire their Concurrence thereunto.
Message from thence, with a Bill.
A Message was brought from the House of Commons, by Sir Orlando Bridgeman and others:
With a Bill, intituled, "An Act for repairing and
widening the Road from Horsley Upright Gate, leading
down Bowden Hill, in the County of Wilts, to the
Top of Kingsdown Hill, in the Parish of Box, in the
said County;" to which they desire the Concurrence
of this House.
Jeffery's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
Sale of the Manor of Warkleigh, and other Lands
and Hereditaments, in the Parishes of Warkleigh, Satterly, and Roborough, in the County of Devon, the
Estate of Thomas Jeffery of the City of Exon Merchant, towards raising Provisions for Susanna his Wife
and their Children, for securing whereof the said
Manor and Lands were at the Time of their Marriage
made liable."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Mr. Lightboun and Mr. Thurston:
To carry down the said Bill, and desire their Concurrence thereunto.
St. James's Square Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
enable the present and future Inhabitants of the East,
North, and West Sides, or Lines, of St. James's
Square, to make a Rate on themselves, for raising
Money sufficient to clean, adorn, and beautify, the
said Square, and to continue the same in Repair."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Dux Dorset, Senescallus.
Dux Kent.
Dux Greenwich.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Warwick.
Comes Rochford.
Comes Findlater.
Comes Aberdeen.
Comes Strafford.
Comes Pomfret.
Viscount Hatton.
Viscount Falmouth. |
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens. |
Ds. Delawarr.
Ds. Clinton.
Ds. Compton.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow. |
Their Lordships, or any Five of them; to meet
To-morrow, at Ten a Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Bayly's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for
discharging certain Lands in the County of Wilts,
from the Uses and Estates limited thereof in the
Settlement made by Zachary Bayly Gentleman, after
his Marriage with Mercy his Wife; and for settling
other Lands, of greater Yearly Value, in the Counties
of Somerset and Wilts, in Lieu thereof."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Mr. Lightboun and Mr. Thurston:
To carry down the said Bill, and desire their Concurrence thereunto.
Bennet & al. Petition referred to Judges.
Upon reading the Petition of Thomas Bennett Esquire
(One of the Masters of the Honourable Court of Chancery) and Hannah his Wife, Stephen Martin Leake
Esquire, Father of the said Hannah, and Stephen Martin
Leake Junior Esquire, and Thomas Norton Gentleman,
Trustees in the Marriage Settlement of the said Thomas
and Hannah Bennett; praying Leave to bring in a Bill,
to vest the Inheritance of several Lands and Tenements, in the Counties of Suffolk, Kent, London, and
Middlesex, in Trustees, in order that such Part thereof,
together with such other Lands and Tenements as shall
be an Equivalent to answer the Petitioners Marriage Articles, may be settled pursuant thereto; and that the
Remainder may be sold, in order to enable the Petitioners Thomas and Hannah Bennett to pay their Debts:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Baron Price
and Mr. Justice Reynolds; with the usual Directions,
according to the Standing Orders.
Cherrill Road Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term granted by an Act passed in the
Sixth Year of the Reign of Her late Majesty Queen
Anne, intituled, "An Act for the better Amendment
of that Way which leads from Cherrill, through Calne,
to Studley Bridge, in the County of Wilts; and for
making the said Act more effectual; and for extending the Roads so to be amended from Cherrill to
The Three Miles Borough, at the Top of Cherrill Hill,"
was committed: "That they had gone through the said
Bill, and directed him to report the same to the
House, without any Amendment.
King's Message in the Votes of H. C. to be considered.
Notice was taken of a Passage in the printed Votes
of the House of Commons, dated Jovis, 24o Die Martii
1725, purporting to be a Message to that House from
His Majesty, under His Royal Sign Manual.
And thereupon the same being read by the Clerk:
It is Ordered, That on the Second Day after the
approaching Recess, this House will take into Consideration that Part of the said printed Votes; and the
Lords to be summoned.
Trye's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
vesting in Trustees the Manors of Hardwick and
Haresfield, and other Lands in the County of Gloucester, the Estate of Thomas Trye Esquire, to be sold,
for Payment of his Debts; 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. Lightboun and Mr. Thurston:
To carry down the said Bill, and desire their Concurrence thereunto.
Frivolous Arrests, Bill.
Ordered, That the Bill, intituled, "An Act to
prevent frivolous and vexatious Arrests," be read the
First Time on the First Day of Meeting after the
approaching Recess.
Hertfordshire Roads, to repair, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for
repairing the Roads from Lemsford Mill, in the
County of Hertford, to Welwyn, and from thence
to Cory's Mill, and from Welwyn (through Codicot)
to Hitchin, in the said County; and for enlarging
the Term granted by an Act passed in the Sixth Year
of the Reign of His present Majesty, for repairing
the Roads from Steevenage, in the said County, to
Biggleswade, in the County of Bedford."
Wilts Roads, to repair, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for
repairing and widening the Road from Horsley Upright
Gate, leading down Bowden Hill, in the County of
Wilts, to the Top of Kingsdown Hill, in the Parish
of Box, in the said County."
Baynton and Shaw's Composition Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to
enable the Lords Commissioners of the Treasury, or
the Lord High Treasurer, for the Time being, to
compound with Thomas Baynton and Robert Shaw,
late of London, Merchants and Co-partners, for a
Debt due from them to the Crown, on Account of
Bonds given for the Duties of Tobacco."
Burt's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
Sale of Part of the Estate of John Burt, deceased,
in the County of Southampton."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Mr. Lightboun and Mr. Thurston:
To carry down the said Bill, and desire their Concurrence thereunto.
Berry versus Hunt.
The House was informed, "That the Matters in
Question, between the Parties in a Cause wherein
William Berry Esquire is Appellant, and Edward Hunt
Esquire Respondent, which stands appointed to be
heard To-morrow, are accommodated; and that the
Appellant desired to withdraw the Appeal."
And thereupon the Agents on both Sides were called
in.
And signifying their Consents to the same, at the Bar:
And being withdrawn:
Appeal withdrawn.
It is Ordered, That Leave be given to withdraw
the said Appeal, as desired.
Shrewshury Roads, to repair, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
repairing the Roads therein mentioned, between
Cracley Bank, in the Parish of Idsall, alias Shiffnall,
and the Town of Shrewsbury, in the County of Salop."
Ordered, That the said Bill be committed to the
Consideration of the same Lords Committees to whom
the Bill for adorning St. James's Square stands committed:
Their Lordships, or any Five of them; to meet
on Friday next, at the same Place; and to adjourn as they please.
Wilmott & al. versus Brand & al.
The House being moved, "That a Day may be
appointed, for hearing the Cause wherein John Wil
mott, Jonathan Welch, and Thomas Alsop, are Appellants, and Thomas Brand, George Wingfield, Henry
Vere Graham, Abel Wilkinson, and James Plume, are
Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, at the same Time the
Original Appeal of the said Thomas Brand stands appointed to be heard.
M'Guire versus Maddin:
Whereas, by Order of this House of the Twentysixth of January last, Richard Maddin Merchant was
required peremptorily to put in his Answer, to the Appeal of Richard McGuire Merchant, in a Week, which
he 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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tricesimum primum diem instantis Martii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Jovis, 31o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Oxon.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Landav. |
Ds. King, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Greenwich.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Warwick.
Comes Scarsdale.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Pomfret.
Viscount Say & Seale.
2. Viscount Tadcaster.
1. Viscount Hatton.
Viscount St. John.
Viscount Harcourt. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Bathurst. |
PRAYERS.
Marlborough Road Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Highways from Speenham Land, adjoining
to Newbury, in the County of Berks, to Marlborough,
in the County of Wilts," was committed: "That
the Committee had gone through the said Bill, and
directed him to report the same to the House, without
any Amendment."
St. James's Square Bill.
The Lord Bishop of Norwich reported from the
Lords Committees to whom the Bill, intituled, An Act
to enable the present and future Inhabitants of the
East, North, and West Sides, or Lines, of St. James's
Square, to make a Rate on themselves, for raising
Money sufficient to clean, adorn, and beautify, the
said Square, and to continue the same in Repair,"
was committed: "That the Committee had gone through
the said Bill, and made One Amendment thereunto."
Which was read Twice, by the Clerk, and agreed to
by the House, and is as follows:
"Press 12. Line 31. After ["Trustees"], insert
["or the major Part of them"]."
Coulliette de Valicount, Nat. Bill.
The Lord Bishop of Norwich also reported from the
Lords Committees to whom the Bill, intituled, "An
Act for naturalizing Jean Jaques Coulliette de Valicourt," was committed: "That they had gone through
the said Bill, and directed him to report the same to
the House, without any Amendment."
Cherill Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
enlarging the Term granted by an Act passed in the
Sixth Year of the Reign of Her late Majesty Queen
Anne, intituled, "An Act for the better Amendment
of that Way which leads from Cherrill, through
Calne, to Studley Bridge, in the County of Wilts; and
for making the said Act more effectual; and for extending the Road so to be amended from Cherrill,
to The Three Miles Borough, at the Top of Cherrill
Hill."
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. John Bennett and Mr. Lightboun:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Sir Orlando Bridgeman's Bill.
The House being moved, "That the Bill, intituled,
"An Act to enable His Majesty to grant the Inheritance of certain Lands called Bowood Park, in
the County of Wilts, to Trustees, for Sir Orlando
Bridgeman and his Heirs, upon a full Consideration
to be paid for the same," be now read a Second
Time:"
His Majesty's Consent to it signified.
The Duke of Newcastle (by His Majesty's Command)
acquainted the House, "That His Majesty had been
informed of the Contents of the Bill; and did (so
far as the Crown is concerned) consent to the passing
thereof."
Whereupon the said Bill was read a Second Time.
And ordered to be committed to the Consideration of
the Lords following; (videlicet,)
|
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Newcastle.
Dux Greenwich.
M. Tweeddale.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Viscount Tadcaster.
Viscount Harcourt. |
Epus. London.
Epus. Petriburg.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Bathurst. |
Their Lordships, or any Five of them; to meet
on Monday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House
of Peers; and to adjourn as they please.
Wilts Roads, to repair, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
repairing and widening the Road from Horsley Upright
Gate, leading down Bowden Hill, in the County of
Wilts, to the Top of Kingsdown Hill, in the Parish
of Box, in the said County."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees before-named:
Their Lordships, or any Five of them; to meet
To-morrow, 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 from Lemsford Mill, in the
County of Hertford, to Welwyn, and from thence to
Cory's Mill, and from Welwyn (through Codicot) to
Hitchin, in the said County; and for enlarging the
Term granted by an Act passed in the Sixth Year of
the Reign of His present Majesty, for repairing the
Roads from Steevenage, in the said County, to Biggleswade, in the County of Bedford."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees before-named:
Their Lordships, or any Five of them; to meet
on Monday next, at the same Place; and to adjourn as they please.
Baynton and Shaw's Composition Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
enable the Lords Commissioners of the Treasury, or
the Lord High Treasurer, for the Time being, to
compound with Thomas Baynton and Robert Shaw,
late of London, Merchants and Co-partners, for a
Debt due from them to the Crown, on Account of
Bonds given for the Duties of Tobacco."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees before-named:
Their Lordships, or any Five of them; to meet on
Saturday next, at the same Place; and to adjourn
as they please.
Coulliette de Valicount, Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
naturalizing Joan Jaques Coulliette de Valicourt."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Marlborough Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
repairing the Highways from Speenham Land, adjoining to Newbury, in the County of Berks, to Marlborough, in the County of Wilts.
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Two preceding Bills.
And Messages were severally sent to the House of
Commons, by Mr. John Bennett and Mr. Lightboun:
To acquaint them, that the Lords have agreed to the
said Bills, without any Amendment.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
primum diem Aprilis jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.