February 1726, 21-28
DIE Martis, 21o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Roffen.
Epus. Gloucestr.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens. |
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Greenwich.
Dux Manchester.
Comes Denbigh.
Comes Westmorland.
Comes Sandwich.
Comes Nottingham.
Comes Rochford.
Comes Albemarle.
Comes Rothes.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Herbert.
Ds. Haversham.
Ds. Hay.
Ds. Batburst.
Ds. Ducie.
Ds. Walpole. |
PRAYERS.
Trott & al. peremptorily to answer Danson's Appeal.
The House was informed, "That Nicholas Trott
Esquire and Anne his Wife, and Elizabeth Moor Widow, who, by Order of this House of the First Day
of this Instant February, were required to put in their
Answer or respective Answers to the Appeal of Mary
Danson Widow on or before the Fifteenth of the
same Month, have neglected so to do, though duly
served with the said Order for that Purpose."
And thereupon John Meackham being called in, and
examined upon Oath, at the Bar, touching the said
Service:
And being withdrawn:
It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to
the said Appeal in a Week
Pakenham versus Hoskins:
After hearing Counsel, upon the Petition and Appeal
of Robert Pakenham Esquire; complaining of a Decree
of Dismission made by the Master of the Rolls, the
Fifteenth Day of June One Thousand Seven Hundred
and Twenty-four, in a Cause wherein the Appellant
was Plaintiff, and William Hoskyns Esquire, Humphrey
Burgoine, John Bland, and Joseph Budd, were Defendants; and the Affirmance of the said Decree by the
Lord Chancellor the Thirteenth of July One Thousand Seven Hundred and Twenty-five; and praying,
That the same may be reversed:" As also upon the
Answer of the said Defendants put in to the said Appeal; and due Consideration had of what was offered
on either Side in this Cause:
Decree and Affirmance affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Petition and Appeal be, and is hereby, dismissed this
House; and that the said Decree and Affirmance thereof
therein complained of be, and the same are hereby,
affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent,
the Sum of Forty Pounds, for his Costs in respect of
the said Appeal.
Sir Edward Southcott & al. Petition referred to Judges.
Upon reading the Petition of Sir Edward Southcott
Knight and Dame Jane his Wife, John Southcott Esquire,
Eldest Son of the said Sir Edward and Mary his Wife,
Thomas, Edward, and Philip Southcott, Younger Sons
of the said Sir Edward Southcott; praying Leave to
bring in a Bill, for Sale of the Manors of Albury and
Chalvedon, alias Chaldon, and other Lands, in the County
of Surry, to the Value of Two Hundred and Twentyone Pounds and Five Shillings per Annum; and for
settling the Capital Messuage of Witham Place, and other
Lands in Essex, of the like Yearly Value, to the same
Uses:
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. Baron
Comyns; with the usual Directions, according to the
Standing Orders.
Amphlett's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
vesting certain Copyhold and other Lands in John
Amphlett Esquire, in Lieu of the Freehold Lands
agreed to be purchased and settled on him by the
Marriage Articles of Joseph Amphlett Esquire, his late
Father, with Anne his Wife (both deceased); and for
making Provision for the Younger Children of that
Marriage."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ds. Trevor, C. P. S.
Dux Greenwich.
Dux Manchester.
Comes Westmorland.
Comes Sandwich.
Comes Nottingham.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Harcourt. |
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Gloucestr.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Bristol.
Epus. Cestriens. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Herbert.
Ds. Hay.
Ds. Bathurst.
Ds. Ducie.
Ds. Walpole. |
Their Lordships, or any Five of them; to meet
on Wednesday the Eighth 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.
Jones & Ux. versus Kenrick:
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Jasper Jones
Gentleman and Frances his Wife are Appellants,
and John Kenrick Esquire is Respondent:"
Hearing appointed.
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.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
vicesimum secundum diem instantis Februaru, hora
undecima Auroræ, Domini sic decernentibus.
DIE Mercurii, 22o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Asaphens.
Epus. Roffen.
Epus. Carliol.
Epus. Norwic.
Epus. Landav.
Epus. Cestriens. |
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Chandos.
Comes Sandwich.
Comes Sutherland.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Sussex.
Viscount Townshend. |
Ds. Delawarr.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Guilford.
Ds. Waldegrave.
Ds. Herbert.
Ds. Gower. |
PRAYERS.
Thurston versus Essington & Ux.
This Day the Answer of John Essington Esquire and
Mary his Wife, to the Appeal of Mary Thurston Widow:
Orlebar versus Paxton.
As also, the Answer of Nicholas Paxton, to the Appeal of John Orlebar Esquire;
Were brought in.
Biodnax, to change his Name to May, Bill.
The Lord Bishop of Norwich reported from the
Lords Committees to whom the Bill, intituled, "An
Act to enable Thomas Brodnax Esquire, and the Heirs
and Issue of his Body, to take and use the Surname
of May," was committed: "That they had considered
the said Bill, and found the Allegations thereof to be
true; and that the Committee had gone through
the Bill, and directed him to report the same to the
House, without any Amendment."
Ellison versus Stewart:
This Day being appointed, to hear Counsel, upon
the Petition and Appeal of Nathan Ellison of the City
of Dublin Merchant; complaining of an Order of
the Court of Chancery in Ireland, made the Sixth of
July One Thousand Seven Hundred and Twenty-three,
in a Cause wherein William Stewart was Plaintiff, and
the Appellant Defendant; and of a subsequent Order of the Twenty-eighth of November following, directing an Issue at Law to be tried, in the Court of
Common Pleas in the said Kingdom, touching the
Execution of an Assignment in Question; and also
of an Order made the Nineteenth of November One
Thousand Seven Hundred and Twenty-four, whereby
the Verdict obtained on the said Trial was set aside, and
a new Trial ordered; and also of an Order made on
the Appellant's Petition to set aside the Order for the
new Trial, and likewise of all the Orders made in the
said Court of Chancery, after obtaining the said Verdict; and praying, "That the same may be reversed;
and that the Plaintiff's said Bill may be dismissed,
with Costs."
Counsel accordingly appeared for the Appellant;
who were heard upon the Matters contained in the
said Appeal.
But no Counsel appeared for the said William Stewart
the Respondent.
And the Appellant's Counsel being withdrawn:
And due Consideration had of what was offered in
this Cause:
Orders reversed, Respondent's Bill dismissed, with full Costs.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That all the
Orders and Proceedings made in the said Cause in the
Court of Chancery in Ireland, after the said Order of
the Sixth of July One Thousand Seven Hundred and
Twenty-three, be, and are hereby, reversed: And it is
hereby further Ordered, That the Respondent's Bill in
the said Court be, and the same is hereby, dismissed,
with full Costs, both at Law and in Equity, to be settled
by the proper Officers; and that the same, when so settled, be paid by the Respondent to the Appellant.
Brednax, to change his Name to May, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to
enable Thomas Brodnax Esquire, and the Heirs and
Issue of his Body, to take and use the Surname of
May."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
A Message was sent to the House of Commons, by
Mr. John Bennet and Mr. Thomas Bennet:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Cunningham versus Preston & al.
Upon reading the Petition and Appeal of Henry Cunningham of Buquhan Esquire; complaining of Part of
an Interlocutory of the Lords of Session in Scotland, of
the Fourth Day of this Instant February, made on the
Behalf of George Preston, John Dundas, John Wilkie,
Robert Main, Robert Steadman, James Gibson, David
Smeatoun, John Craich, Robert Morris, Daniel Drummond, and James Bowers; and praying, "That so much
of the said Interlocutory, as absolved Mr. Preston and
the other Defendants from the Petitioner's Declarator, may be reversed:"
It is Ordered, That the said George Preston and the
other Defendants may have a Copy of the said Appeal;
and they are hereby required to put in their Answer or
respective Answers thereunto, in Writing, on or before
Wednesday the Two and Twentieth Day of March next;
and that Service of this Order on the Respondents
Agent, or Writer, in the Court of Session in Scotland,
be deemed good Service.
Byrne to amend Appeal.
Upon reading the Petition of Gerald Byrne Gentleman, Appellant in a Cause depending in this House,
to which Jane Morley, Geffry Luther, and others, are
Respondents; praying Leave to amend his Appeal,
with respect to the Dates of some of the Orders therein
mentioned to be complained of, which are misrecited:
It is Ordered, That the Petitioner be at Liberty to
amend the said Appeal, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 23o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Bristol.
Epus. Landav.
Epus. Cestriens. |
Ds. King, Cancellarius.
Dux Devon, Præses.
Dux Dorset, Senescallus.
Dux Graston, Camerarius.
Dux Richmond.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Comes Huntingdon.
Comes Chesterfield.
2. Comes Sandwich.
1. Comes Scarsdale.
Comes Litchfield.
Comes Scarbrough.
Comes Albemarle.
Comes Coventry.
Comes Godolphin.
Comes Sutherland.
Comes Buchan.
Comes Findlater.
Comes Aberdeen.
Comes Orkney.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Sussex.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Harcourt. |
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Compton.
Ds. Carteret.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Foley.
Ds. Cadogan.
Ds. Walpole. |
PRAYERS.
Bean versus Lansdell.
This Day the Answer of John Lansdell Esquire, to
the Appeal of Charles Bean, was brought in.
Bean's Petition, for Books and Papers.
Upon reading the Petition of the Reverend Charles
Bean, Appellant in a Cause depending in this House, to
which John Lansdell Esquire is Respondent; setting
forth, "That, upon the Accompt taken in this Cause,
the Petitioner brought before the Deputy Remembrancer of the Court of Exchequer several Books of
Accompts, and other Papers, which were necessary to
be produced before him, and which are material to
be produced on the Hearing in this House;" and
praying, "That the said Deputy Remembrancer may
forthwith deliver unto the Petitioner the said Books
and Papers:"
It is Ordered, That the Petitioner be at Liberty to
resort to the said Books and Papers in the said Deputy
Remembrancer's Custody, to inspect the same; and
that the said Deputy do attend this House therewith, on
hearing the said Cause.
Orlebar versus Paxton & al.
The House being moved, "That a Day may be
appointed, for hearing the Cause wherein John Orlebar Esquire is Appellant, and Nicholas Paxton and
Edward Conway Esquire 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 & al.:
After hearing Counsel, upon the Petition and Appeal of Edward Williams Gentleman; complaining of
several Orders, or Decrees, of the Court of Chancery
in Ireland, made the Nineteenth of November One
Thousand Seven Hundred and Nineteen, the Fifteenth
of February One Thousand Seven Hundred and Twentytwo, the Nineteenth of July One Thousand Seven
Hundred and Twenty-three, and the Seventh of May
One Thousand Seven Hundred and Twenty-four, in a
Cause wherein the Appellant was Plaintiff, and James
Lord Viscount Lanesborough Defendant; and praying,
"That the same may be reversed:" As also upon
the Answer of John Bell Lane Esquire, Nephew and
Heir to the said Lord Viscount Lanesborough, deceased,
and of Mary Viscountess Lanesborough, sole Executrix
of the said Lord Viscount, put in to the said Appeal;
and due Consideration had of what was offered in this
Cause:
Decrees affirmed.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Petition and Appeal be, and is hereby, dismissed this
House; and that the several Orders, or Decrees, therein
complained of, be, and the same are hereby, affirmed.
Bean versus Lansdell:
The House being moved, "That a Bye-day may be
appointed, for hearing the Cause wherein the Reverend Charles Bean is Appellant, and John Lansdell Esquire Respondent, both Parties consenting:"
Hearing appointed on a Bye day.
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Tuesday the One and
Twentieth Day of March next, at Eleven a Clock.
Mr. Cavendish & al. Petition referred to Judges.
Upon reading the Petition of James Cavendish Esquire
and Anne his Wife, for themselves and in Behalf of
their Children William and Elizabeth Cavendish both
Infants, and Dudley North of Glemham in the County
of Suffolk Esquire, for himself and in Behalf of his
Children Dudley, Anne, and Mary North, all Infants;
praying Leave to bring in a Bill, to vest the Real Estate
late of Elibu Yale Esquire, deceased, in the County of
Denbigh, in Trustees, to be sold, for Performance of the
Will of Ursula Yale, and for the Benefit of the Petitioners the said Anne Cavendish and the Infants, according to their respective Interests therein:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice
Price and Mr. Justice Probyn; with the usual Directions, according to the Standing Orders.
L. Southwell & al. Petition referred to Judges.
Upon reading the Petition of Thomas Lord Southwell Baron of Castle Mattres in the Kingdom of Ireland, in Behalf of himself and of Thomas Southwell and
Coningesby Southwell his Infant Sons, Mary Lady Southwell his Wife, Henry Southwell Esquire his Brother,
Edward Southwell Esquire, in Behalf of himself, and
Edmund, Richard, and William Southwell, and of Frances
and Lucy Southwell, Infants, Brothers and Sisters of the
said Thomas Lord Southwell, to whom he is Guardian,
Thomas Coke, John Coke, and John Hardinge, Esquires;
praying Leave to bring in a Bill, for enabling the said
Lord Southwell and Trustees to be named, by making
Fee Farms and Leases for Lives renewable for ever of
all and singular the Premises in the said Kingdom, and
by Sale or Mortgage of the unsettled Estate, or any
Part thereof, to raise Money, for paying several Debts;
Legacies, and Incumbrances, and for purchasing-in Two
Annuities in the Petition mentioned; and for making good
the Leases made by the Petitioner's Father exceeding
the Power given him by his Settlement; and for settling
upon the Family what shall remain unfold of the said
unsettled Estate:
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 Mr. Justice
Price; with the usual Directions, according to the Standing Orders.
Yate & al. Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom the Petition of John Yate Gentleman
and Anne his Wife, Joyce Sprott Widow, John Baldwyn,
William Haslewood, and William Dobles, Gentlemen, 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 certain Houses and Lands, in the Town
and Liberties of Bridgnorth, in the County of Salop,
contained in the Marriage Settlement of John Yate
Gentleman; and for the purchasing and settling
other Land, of as great Yearly Value, to the same
Uses."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
vicesimum quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 24o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt.
|
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Cestriens. |
Ds. King, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Kent.
Dux Newcastle.
Dux Manchester.
Dux Chandos.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Scarsdale.
Comes Sandwich.
Comes Cardigan.
Comes Scarbrough.
Comes Coventry.
Comes Buchan.
Comes Findlater.
Comes Aberdeen.
Comes Orkney.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Sussex.
Viscount Falmouth.
Viscount Harcourt. |
Ds. Abergavenny.
Ds. Compton.
Ds. Cornwallis.
Ds. Carteret.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Herbert.
Ds. Hay.
Ds. Bathurst.
Ds. Bingley.
Ds. Cadogan.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole. |
PRAYERS.
Archbp. of Cashell versus The King's Serjeant.
This Day the Answer of Sir John Cheshyre, His Majesty's Serjeant at Law, to the Appeal of His Majesty's
Attorney General, at the Relation of William Lord
Archbishop of Cashell in the Kingdom of Ireland and
others, was brought in.
Lindberg & al. Nat. Bill.
A Message was brought from the House of Commons, by Mr. Martyn and others:
With a Bill, intituled, "An Act for naturalizing
Abraham Lindberg and others;" to which they desire
the Concurrence of this House.
The said Bill was read the First Time.
Van Dalom & al. Petitions to be added to Nat. Bill.
A Petition of Herman Van Dalom and James Benezet:
Likewise, a Petition of William Medburst:
As also, a Petition of Daniel Rebotier Gentleman;
praying to be added to the Bill, intituled, "An Act for
naturalizing Abraham Lindberg and others;"
Were severally presented to the House, and read.
And severally ordered to lie on the Table, till
the said Bill be read a Second Time.
Squier versus Lady Pershall.
After hearing Counsel, upon the Petition and Appeal of Arthur Squier Gentleman; complaining of several Orders and Decrees of the Court of Chancery, of
the Twenty-fourth of January 1718, the First of July
and Tenth of December 1719, in certain Causes, wherein
the Lady Rachell Pershall was Plaintiff, and the Appellant and others were Defendants, and wherein the
Appellant was Plaintiff, and the said Lady Pershall and
others were Defendants; and praying, "That the said
Orders, or Decrees, may be reversed:" As also upon
the Answer of the said Lady Pershall put in to the said
Appeal; and due Consideration had of what was offered on either Side in this Cause:
Decrees affirmed, except as to Costs.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Orders, or Decrees, of the Twenty-fourth of January
One Thousand Seven Hundred and Eighteen, and the
First of July One Thousand Seven Hundred and Nineteen, complained of in the said Appeal, be, and are
hereby, affirmed: And it is further Ordered and Adjudged, That so much of the said Decree of the Court
of Chancery, of the Tenth of December One Thousand
Seven Hundred and Nineteen, as directs Costs in
Equity to be paid by the Appellant in either of the
Causes abovementioned, be, and is hereby, reversed;
but that the same Decree in all other respects be, and
is hereby, affirmed: And it is hereby further Ordered,
That what of the said Costs in Equity the Appellant
may have already paid, be re-paid to him by the Respondent.
D Dorset & al. Petition referred to Judges.
Upon reading the Petition of Lionel Duke of Dorset,
and of Henry Lord Viscount Palmerston, Thomas Lord
Onslow, and of the rest of the Trustees of the Estate
late of Henry Smith Esquire, deceased; praying Leave
to bring in a Bill, to make effectual an Exchange of
Sixteen Acres Seventeen Perches and a Half of Land,
and Coppice, Part of the Trust Estate of the said
Henry Smith, lying near Knole Park, in the County of
Kent, of the Yearly Rent of Eight Pounds, for a Rent
Charge of Ten Pounds a Year, clear of all Charges
and Deductions whatsoever, to the same Uses as the said
Lands are now settled:
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. Baron
Comyns; with the usual Directions, according to the
Standing Orders.
Yate's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
the Sale of certain Houses and Lands, in the Town
and Liberties of Bridgnorth, in the County of Salop,
contained in the Marriage Settlement of John Yate
Gentleman; and for the purchasing and settling
other Lands, of as great Yearly Value, to the same
Uses."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Dux Dorset, Senescallus.
Dux Kent.
Comes Warwick.
Comes Westmorland.
Comes Scarsdale.
Comes Sandwich.
Comes Scarbrough.
Comes Coventry.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Sussex.
Viscount Falmouth.
Viscount Harcourt. |
Epus. London.
Epus. Oxon.
Epus. Lincoln.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Cestriens. |
Ds. Abergavenny.
Ds. Compton.
Ds. Cornwallis.
Ds. Carteret.
Ds. Guilford.
Ds. Waldegrave.
Ds. Herbert.
Ds. Bathurst.
Ds. Bingley.
Ds. Ducie.
Ds. Lechmere. |
Their Lordships, or any Five of them; to meet
on Monday the Thirteenth 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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
vicesimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 27o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Eliens.
Epus. Gloucestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens. |
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Graston, Camerarius.
Dux St. Albans.
Dux Bolton.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Ancaster, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Bridgewater.
Comes Leicester.
Comes Warwick.
Comes Westmorland.
Comes Chesterfield.
Comes Sunderland.
Comes Scarsdale.
Comes Sandwich.
Comes Clarendon.
Comes Yarmouth.
2. Comes Coventry.
1. Comes Warrington.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Harcourt. |
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Compton.
Ds. Brooke.
Ds. Maynard.
Ds. Cornwallis.
Ds. Carteret.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Boyle.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole. |
PRAYERS.
Lockman versus Attorney General.
This Day the Answer of Sir Philip Yorke Knight
His Majesty's Attorney General, for and on Behalf of
His Majesty, to the Appeal of Ajcanius Christopher
Lockman Esquire and Elizabeth his Wife:
Sutton & al. versus Attorney General.
Also, the Answer of Sir Philip Yorke His Majesty's
Attorney General, for and on Behalf of His Majesty, to
the Appeal of Prideaux Sutton Clerk, Mercy Sheldon
Spinster, and Giles Lawrence Gentleman:
Danson versus Tiott & al.
Likewise, the Answer of Nicholas Trott and Anne
his Wife, and Elizabeth Moore Widow, to the Appeal
of Mary Danson Widow:
L. Lovat versus Mackenzie & al.
Also, the Answer of Rodorick Mackenzie, Second Son
to Alexander Mackenzie of Frazerdale, and Sir James
Sinclair of Dunbeath his Guardian, and others, to the
Appeal of Simon Lord Lovat:
Middleton versus Roberts.
Likewise, the Answer of John Roberts Esquire, to
the Appeal of Philip Middleton Merchant:
Kerrich versus Bransby.
Also, the Answer of Bridget Bransby Widow and
Astley Bransby an Infant, her Son, to the Appeal of
John Kerrich:
As also, the Answer of Bridget Bransby Widow, and
Astley Bransby an Infant, her Son, to the Appeal of Anne
Kerrich Widow, Giles Bladwell and Elizabeth his Wife;
Were brought in.
Palmer's Petition referred to Judges.
Upon reading the Petition of Anthony Palmer and
Susannah his Wife, on Behalf of themselves, and of
Anthony, William, and John, Infants, their Three Sons
and only Children, and also of Lewis Buckle of Borden
in the County of Southampton Esquire; praying Leave
to bring in a Bill, for confirming the Sale of certain
Lands in Borden to the Petitioner Lewis Buckle; and
for settling other Lands in Riplington to the same
Uses:
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 Mr. Justice
Price; with the usual Directions, according to the
Standing Orders.
L. Lovat versus Mackenzie & al.
The House being moved, on the Behalf of Rodorick
Mackenzie and others, Respondents to the Appeal of
Simon Lord Lovat, "That Tuesday the Twenty-eighth
Day of March next may be appointed for hearing
the said Cause, in regard great Inconveniencies may
happen to the said Respondents, if the same be not
determined this Session:"
Hearing appointed on a Bye-day.
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the said Twentyeighth Day of March next, at Eleven a Clock.
No Motion for hearing a Cause on a Bye-day, to be granted the same Day made.
Ordered, That no Motion for hearing any Cause
on a Bye-day, for the future, shall be granted the same
Day it is made; but another Day shall be appointed,
for considering the said Motion; and the Lords to be
summoned.
Squier versus Dowell:
After hearing Counsel, upon the Petition and Appeal
of Arthur Squier Gentleman; complaining of a Decree
made in the Court of Chancery, the Third Day of July
One Thousand Seven Hundred and Twenty-four, in a
Cause wherein the Appellant was Plaintiff, and John
Baker Dowell Esquire Defendant; and praying, "That
the same may be reversed:" As also upon the Answer of the said John Baker Dowell put in to the said
Appeal; and due Consideration had of what was offered on either Side in this Cause:
Decree affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Petition and Appeal be, and is hereby, dismissed this
House; and that the Decree therein complained of be,
and is hereby, affirmed: And it is further Ordered,
That the Appellant do pay, or cause to be paid, to the
said Respondent, the Sum of One Hundred Pounds, for
his Costs in respect of the said Appeal.
Franks's Petition, touching Harrison's Appeal, to he on the Table.
Upon reading the Petition of Isaac Franks; praying, "In regard the Order of the Court of Exchequer,
appealed from by Thomas Harrison Esquire, does not
affect the Petitioner, though he is required by Order
of this House to put in his Answer to the said Appeal; that the same, as to the Petitioner, may be rejected, with Costs:"
It is Ordered, That the said Petition do lie on the
Table; but not to supersede the said Order requiring
the Petitioner to put in his Answer to the said Appeal.
E. Scarsdale and L. Bathurst, Leave for a Bill.
Upon reading the Petition of Nicholas Earl of
Scarsdale and Allen Lord Bathurst; praying Leave to
bring in a Bill, for appointing Commissioners, to make
an Allotment of certain Common Field Lands and
Waste, in the County of Derby, as shall be just and
equal, and such Recompence for Tithes, Common,
and other Rights, as shall be just and meet:
It is Ordered, That Leave be given to bring in
Bill, according to the Prayer of the said Petition.
Ram peremptonly to answer E. Anglesey's Appeal.
The House was informed, "That Abel Ram Esquire,
who, by Order of this House of the Seventeenth of.
January last, was required to put in his Answer to
the Appeal of Arthur Earl of Anglesey on or before.
the Twenty-first Day of this Instant February, has
neglected so to do, though duly served with the said
Order for that Purpose:"
And thereupon an Affidavit, made by Robert Brady
Gentleman, of the due Service of the said Order, being
read:
It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal in a Week.
Vise. Mount Cashell & al. peremptonly to answer Dillon's Appeal.
The House was also informed, "That Catherine Viscountess Dowager Mount Cashell and Morgan Magan
Esquire, who, by Order of this House of the Twentieth of January last, were required to put in their
Answers to the Appeal of Robert Dillon Esquire and
the Lady Shaen his Wife on or before the Twentyfourth Day of this Instant February, have neglected
so to do, though duly served with the said Order for
that Purpose:"
And thereupon an Affidavit, made by Michael Chevers
Gentleman, of the due Service of the said Order, being
read:
It is Ordered, That the said Respondents do peremptorily put in their Answers to the said Appeal in a
Week.
Shaen & al. peremptorily to answer Dillon's Appeal.
The House was likewise informed, "That Frances
Shaen, Elizabeth Shaen, and Susanna Shaen, Minors,
by their prochein Amie Thomas Magan Esquire, who,
by Order of this House of the Twentieth of January
last, were required to put in their Answers to the
Appeal of Robert Dillon Esquire and Susanna Lady
Shaen his Wife on or before the Twenty-fourth Day
of this Instant February, have neglected so to do,
though duly served with the said Order for that
Purpose."
And thereupon an Affidavit, made by the said Michael
Chevers, of the due Service of the said Order, being
read:
It is Ordered, That the said Respondents do peremptorily put in their Answers to the said Appeal in
a Week.
Sainthill's Petition referred to Judges.
Upon reading the Petition of Edward Sainthill
Esquire, and Edward Sainthill Esquire his Son and
Frances his Wife; praying Leave to bring in a Bill,
for confirming certain Articles made on the Marriage
of the Petitioners Edward the Son and Frances his
Wife:
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
Price; with the usual Directions, according to the
Standing Orders.
Kinaston & Ux. Petition referred to Judges.
Upon reading the Petition of William Kinaston
Esquire, One of the Masters of the High Court of
Chancery, and Dorothy his Wife; praying Leave to
bring in a Bill, to vest the Inheritance of several Messuages, Lands, and Hereditaments, in the Counties of
Salop, Flint, and Montgomery, in Trustees, to be sold,
for Payment of Debts, 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 Mr. Justice
Price; with the usual Directions, according to the
Standing Orders.
Berney & al. Petition referred to Judges.
Upon reading the Petition of Anne Berney, Relict of
Thomas Berney Esquire, deceased, on Behalf of herself
and John Berney an Infant her Son, Robert Suckling
Esquire, and Maurice Suckling Clerk; praying Leave
to bring in a Bill, for Sale of Part of certain Premises,
in the County of Norfolk, for Payment of Mortgages
and other Incumbrances affecting the same:
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.
Sir Redmond Everard & Ux. Petition referred to Judges.
Upon reading the Petition of Sir Redmond Everard
Baronet and Dame Mary his Wife; praying Leave to
bring in a Bill, for enabling Trustees to sell a sufficient Part of an Estate, in the County of Tipperary,
in the Kingdom of Ireland, for Payment of Incumbrances of Six Thousand Nine Hundred and Twelve
Pounds, affecting the same:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice
Price and Mr. Baron Hale; with the usual Directions,
according to the Standing Orders.
Roberts's Petition, to receive a Cross Appeal, to be considered.
Upon reading the Petition of John Roberts Esquire;
praying, "That a Cross Appeal of the Petitioner's may
be received; there being no Day appointed for hearing the Appeal of Philip Middleton Merchant, to
which the Petitioner is Respondent:"
And thereupon Mr. Alexander Hamilton, the Petitioner's Agent, being called in, and examined touching the Allegations of the said Petition:
And the Standing Order, limiting the Times for
bringing in Appeals, being read:
It is Ordered, That on Saturday next this House
will take into Consideration the said Petition and
Standing Order; and the Lords to be summoned.
Standing Order relating to printed Cases to be considered.
The House being moved, "To take into Consideration
the Standing Order, requiring that printed Cases on
Appeals be left with the Clerk Two Days before
the Hearing; in regard the same is not duly complied with:"
It is Ordered, That the said Standing Order be
taken into Consideration on Saturday next.
Guillemau's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
naturalizing Lewis Guillemau."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ds. Trevor, C. P. S.
Dux Kent.
Dux Bridgewater.
Comes Warwick.
Comes Westmorland.
Comes Chesterfield.
Comes Sandwich.
Comes Clarendon.
Comes Yarmouth.
Comes Warrington.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount Harcourt. |
Epus. London.
Epus. Winton.
Epus. Eliens.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Cornwallis.
Ds. Carteret.
Ds. Guilford.
Ds. Herbert.
Ds. Boyle.
Ds. Foley.
Ds. Batburst.
Ds. Bingley.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole. |
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.
Persons to be naturalized sworn.
This Day Herman Van Dalom, James Benezet,
William Medhurst, and Daniel Rebotier, took the Oaths
of Allegiance and Supremacy, at the Bar, in order to
their Naturalization.
Lindberg & al. Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
naturalizing Abraham Lindberg and others.
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet
on the same Day, at the same Place; and to
adjourn as they please.
Ordered, That the Petition of Herman Van Dalom
and James Benezet; also, the Petition of William Medhurst; as likewise, the Petition of Daniel Rebotier;
praying to be added to the last mentioned Bill, which
Petitions on Friday last were severally ordered to lie on
the Table till the Second Reading thereof, be referred
to the said Committee.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
vicesimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 28o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Asaphens.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.
Epus. Cestriens. |
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux St. Albans.
Dux Bolton.
Dux Montrose.
Dux Greenwich.
Dux Chandos.
Comes Huntingdon.
Comes Leicester.
Comes Denbigh.
Comes Westmorland.
Comes Chesterfield.
Comes Scarsdale.
Comes Sandwich.
Comes Cardigan.
Comes Litchfield.
Comes Yarmouth.
Comes Nottingham.
Comes Scarbrough.
Comes Coventry.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt. |
Ds. Percy.
Ds. Delawarr.
Ds. Compton.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Craven.
Ds. Carteret.
Ds. Guilford.
Ds. Griffin.
Ds. Ashburnham.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Bathurst.
Ds. Ducie. |
PRAYERS.
Dutch. of Hamilton versus D. Argyll & al.
This Day the Answer of John Duke of Argyll and
Greenwich and Archibald Earl of Ilay, Two of the Respondents to the Appeal of Elizabeth Dutchess of Hamilton and Brandon and others:
Harrison versus Hart.
Also, the Answer of Moses Hart, to the Appeal of
Thomas Harrison Esquire:
Harrison versus Franks.
Likewise, the Answer of Isaac Franks, to the Appeal
of the said Thomas Harrison:
Mac Guire versus Tabois.
Also, the Answer of Abraham Tabois, to the Appeal
of Richard M'Guire:
Kerrich versus Kerrich.
As also, the Answer of John Kerrich, to the Appeal
of Anne Kerrich Widow, Giles Bladwell and Elizabeth
his Wife;
Were brought in.
Message from H. C. with a Bill.
A Message was brought from the House of Commons,
by Mr. Mason and others:
With a Bill, intituled, "An Act for naturalizing
Louis Aubert Duplessis;" to which they desire the
Concurrence of this House.
Mayor & al. of Shrewsbury versus St. John's College in Cambridge:
After hearing Counsel, upon the Petition and Appeal
of the Mayor, Aldermen, and Burgesses, of the Town
of Shrewsbury, from a Decree of the Court of Exchequer, touching the Election of a Head School-master
in the said Town:
Decree affirmed.
It was proposed, "That the Addition following
should be made to the said Decree; (videlicet,)
That nothing in this Decree shall any Way prejudice or alter the Right of the Appellants to make,
from Time to Time, such Bye-laws or Ordinances as
they shall think proper, pursuant to the Charter of
King Edward the Sixth, with the Consent and Approbation of the Bishop of Litchfield and Coventry:"
After Debate;
The Question was put, "Whether such Addition
shall be made?"
It was Resolved in the Negative.
Then the following Judgement was agreed to:
"After hearing Counsel, upon the Petition and Appeal of the Mayor, Aldermen, and Burgesses, of the
Town of Shrewsbury; complaining of a Decree of
the Court of Exchequer, made the Sixteenth Day of
May last, in a Cause wherein His Majesty's Attorney
General, at the Relation, and for and on the Behalf,
of the Master, Fellows, and Scholars, of the College
of St. John the Evangelist, in the University of Cambridge, was Plaintiff, and the Appellants and others
were Defendants; and praying, That the same may
be reversed: As also upon the Answer of the said
Attorney General put in to the said Appeal; and
due Consideration had of what was offered on either
Side in this Cause: It is Ordered and Adjudged
by the Lords Spiritual and Temporal in Parliament
assembled, That the said Petition and Appeal be,
and is hereby, dismissed this House; and that the
Decree therein complained of be, and the same is
hereby, affirmed."
Fysher & Ux. Petition referred to Judges.
Upon reading the Petition of Francis Fysher Esquire
and Jane his Wife; praying Leave to bring in a Bill,
for Sale of the Manor of Earlsfield, in the County of
Lincoln; and for settling the Manor of Spandby, and
other Premises, in the said County, to the same Uses as
the said Manor of Earlsfield and other Premises are
now settled:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Baron Hale; with the usual Directions, according to the Standing Orders.
Governors of Queen Anne's Bounty, for Augmentation of small Vicarages, Leave for a Bill.
Upon reading the Petition of William Lord Archbishop of Canterbury, Thomas Lord Bishop of Ely, and
George Stanhope Dean of Canterbury; praying Leave to
bring in a Bill, to vest a Charitable Provision, in the
Petition mentioned, in the Governors of the Bounty of
Queen Anne, for the Augmentation of the Maintenance
of the poor Clergy:
It is Ordered, That Leave be given to bring in a
Bill, according to the Prayer of the said Petition.
Harvey's Petition referred to Judges.
Upon reading the Petition of William Harvey Senior,
of Chigwell in the County of Essex, Esquire; praying
Leave to bring in a Bill, to sell or mortgage certain
Manors, Lands, and Hereditaments, in the County of
Hertford; and to settle certain Lands and Hereditaments, in the said County of Essex, clear of Incumbrances,
to the same Uses:
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 Mr. Justice
Price; with the usual Directions, according to the
Standing Orders.
Fish and his Sister, Petition referred to Judges.
Upon reading the Petition of Hatcher Fish Esquire
and Catherine Fish his Sister; praying Leave to bring
in a Bill, for Sale of the Fifth Part of an Estate, in the
County of Lincoln, belonging to the Petitioners Mother,
for paying to the Petitioners certain Sums of Money,
as in the Petition mentioned:
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. Baron
Comyns; with the usual Directions, according to the
Standing Orders.
Hooper & al. Petition referred to Judges.
Upon reading the Petition of Nicholas Hooper Esquire
and Mary his Wife, Stephen Northleigh Esquire and
Margaret his Wife, Sir George Chudleigh Baronet and
Dame Frances his Wife, and Tryphena Davie; praying
Leave to bring in a Bill, for confirming the Partition
of the Estate late of Sir William Davie Baronet, deceased, in the County of Devon:
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
Price; with the usual Directions, according to the Standing Orders.
O Carroll & Ux. versus Jervoise.
Upon reading the Petition and Appeal of Sir Daniel
O Carroll Knight and Dame Elizabeth his Wife; complaining of a Decree of the Court of Chancery of the
Twenty-first of July last, and an Order of the Sixth
Day of this Instant February, in a Cause wherein Thomas
Jervoise Gentleman, a Lunatic, by Thomas Jervoise
Esquire his Father and Committee, was Plaintiff, and
the Petitioners were Defendants; and praying, "That
the same may be reversed:"
It is Ordered, That the said Thomas Jervoise the
Father and Thomas Jervoise the Son may have a Copy
of the said Appeal; and they are hereby required to
put in their Answer thereunto, in Writing, on or before
Tuesday the Fourteenth Day of March next.
Causes put off.
Whereas To-morrow is appointed, for hearing the
Cause wherein Joseph Ashton Esquire is Appellant, and
Jonathan Smith Esquire and others are Respondents:
It is Ordered, That the Hearing the said Cause be
adjourned to Thursday next; and the other Causes removed One Cause-day in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
secundum diem Martii jam proxim. sequent. hora
undecima Auroræ, Dominis sic decernentibus.