April 1727, 1-10
DIE Lunæ, 1o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Bath & Well.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Bangor. |
Ds. King, Cancellarius.
Ds. Trevor, C. P. S.
Dux St. Albans.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
March. Tweeddale.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Litchfield.
Comes Abingdon.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Hadinton.
Comes Findlater.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Viscount Say & Seale.
Viscount St. John.
Viscount Falmouth. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Maynard.
Ds. Byron.
Ds. Craven.
Ds. Haversham.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Wilmington. |
PRAYERS.
Moodie versus Stewart.
This Day the Answer of John Stewart Esquire, to
the Appeal of Elizabeth Moodie, was brought in.
Lords take the Oaths.
John Duke of Montagu and John Lord Delawarr
took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; having first delivered in
Certificates of their receiving the Sacrament, to the
Truth whereof Witnesses were sworn and examined.
Cherrington Common Fields to enclose, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for appointing Commissioners, to make a Division of certain
Common Fields, Lands, and Wastes, in the Parish of
Cheirington, in the County of Gloucester, among the
Proprietors, in order to enclose the same," was committed: "That they had considered the said Bill, and
gone through the same, and made several Amendments thereunto."
Which, being read Twice by the Clerk, were agreed
to by the House.
Ordered, That the said Bill, with the Amendments
be engrossed.
Basingstone Road to repair, Bill.
The Lord Delawarr likewise reported from the
Lords Committees to whom the Bill, intituled, "An Act
for repairing the Road from The Powder Mills on
Hounslow Heath, in the County of Middlesex, to a
Place called Basingstone, near the Town of Bagshot, in
the Parish of Windlesham, in the County of Surrey,"
was committed: "That they had considered the said
Bill, and gone through the same, and directed him
to report the Bill to the House, without any Amendment."
Maddocks Pet. for a Bye-day, &c. considered:
The House (according to Order) proceeded to take
into Consideration the Petition of Edward, Robert, Thomas, John, William, and Sarah Maddock, Infants, by Robert Maddock their prochein Amie, Respondents to the
Appeal of John Staines; praying, "That a Bye-day
may be appointed, for hearing the said Appeal; and
that the said Appellant may be required to bring
certain South Sea and East India Bonds before the
Clerk, or give Security for the same:"
And thereupon the Petitioner's Father, and the
Agents on both Sides, being called in;
And the Agents being sworn:
The Petitioner's Father, being a Quaker, was examined, on his solemn Affirmation, touching the Allegations of the said Petition.
And the said Agents being also examined in relation
thereunto:
And that Part of the Appellant's Answer in Chancery, confessing the Bonds to be in his Custody;
And likewise that Part of the Decree which directs
the bringing the Securities into the Bank; being
read:
And the Parties being withdrawn:
Hearing appointed.
It is Ordered, That the Respondents have hereby
Liberty, notwithstanding the Appeal, to prosecute in
the Court of Chancery that Part of the Decree appealed
from, which relates to the delivering over the Securities
therein mentioned into the Bank of England; and that
this House will hear the said Cause, by Counsel, at the
Bar, on Thursday the Eighteenth Day of this Instant
April, at Eleven a Clock.
Doctors Commons versus Dean and Chapter of St. Paul's & al.:
The House also (according to Order) took into Consideration the Motion made on Thursday last, for appointing a Bye-day for hearing the Cause wherein John Bettesworth Doctor of Laws, Dean of the Arches, and
others, are Appellants, and the Dean and Chapter of
St. Paul's, London, and others, are Respondents.
And the Order of the Day for that Purpose being
read:
Hearing appointed on a Bye-day.
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Thursday the Second
Day of May next, at Eleven a Clock.
L. W. Pawlett's Bill not to be proceeded in.
The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the
Bill, intituled, "An Act for Relief of the Right Honourable the Lord William Powlett, One of the Tellers
of His Majesty's Exchequer, in respect of a Sum
of Money stolen out of his Office in the Year
One Thousand Seven Hundred and Twenty-four."
And, after some Time spent therein, the House was
resumed.
And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and
made some Amendments thereunto; but, upon Consideration of the Whole, find several Things contained
in the said Bill unparliamentary and unprecedented,
intrenching on the Rights and Privileges, and derogatory to the Honour, of the House; and therefore did
not think fit to proceed any further in the Bill, without having the Direction of the House."
Ordered, That this House will proceed no further
on Consideration of the said Bill.
E Shaftesbury's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to settle a Jointure on Susanna Countess of Shaftesbury, Wife of Anthony Earl of Shastesbury, in Lieu
and Bar of her Dower, or Thirds at the Common
Law."
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. Thurston and Mr. Masham:
To carry down the said Bill, and desire their Concurrence thereunto.
Sorell to enter into Recognizance for Murray.
The House being moved, "That Francis Sorell Esquire may be permitted to enter into a Recognizance
for James Murray Merchant, on account of his Appeal depending in this House, to which David Erskine and others are Respondents; the Appellant residing in Scotland:"
It is Ordered, That that the said Francis Sorell may
enter into a Recognizance for the said Appellant, as defired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
secundum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Martis, 2o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol. |
Ds. King, Cancellarius.
Ds. Trevor, C. P. S.
Dux Grafton, Camerarius.
Dux Kent.
Dux Newcastle.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Rothes.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Strafford.
Comes Macclesfield.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Ashburnham.
Ds. Weston.
Ds. Haversham.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Wilmington. |
PRAYERS.
Cherrington Common Fields to enclose, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for appointing Commissioners, to make a Division of
certain Common Fields, Lands, and Wastes, in the
Parish of Cherrington, in the County of Gloucester,
among the Proprietors, in order to enclose the
same."
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. Thurston and Mr. Masham:
To carry down the said Bill, and desire their Concurrence thereunto.
Winckworth versus Najack.
Counsel were this Day called in, to be heard, upon
the Petition and Appeal of John Winckworth Esquire;
complaining of a Decree, or Decretal Order, of the
Court of Chancery in Ireland, made the Ninth of July
1717; and also of Two subsequent Orders of that Court;
and praying, "That the same may be reversed:" As
also upon the Answer of Mark Anthony Najack put in
to the said Appeal.
And Counsel being on both Sides heard accordingly;
And some Proofs in the Cause read:
And the Counsel being withdrawn:
It is Ordered and Adjudged, That the Decree, or
Decretal Order, abovementioned, so far as the same is
complained of, be affirmed: And it is also Ordered,
That the further Hearing of this Cause be adjourned till
To-morrow, at Eleven a Clock.
And then the Counsel were called in again, and acquainted by the Lord Chancellor with what the House
had determined; and, "That their Lordships would proceed To-morrow to the further Hearing the other Matters complained of in the said Appeal."
Scourfield, Leave for a Bill.
After reading, and considering, the Report of the
Judges to whom the Petition of William Scourfield the
Elder Esquire, Catherine his Wife, and William Scourfield
the Younger and Anne his Wife, and others, was referred; praying Leave to bring in a Bill, for the Purposes
therein mentioned:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act
for vesting the Real Estates of William Scourfield the
Elder Esquire, Catherine his Wife, and William Scourfield the Younger Esquire and Anne his Wife, in the
Counties of Pembrocke and Brecon, in Trustees, to
certain Uses therein mentioned."
Staines, Leave to amend his Appeal.
Upon reading the Petition of John Staines, Appellant
in a Cause depending in this House, to which Edward,
Robert, Thomas, William, and Sarah Maddock, Infants,
by Robert Maddock their prochein Amie, are Respondents; praying, "In regard the Name of John Maddock
was omitted in the Petitioner's Appeal, through Mistake, who is a necessary Party; and that the Date of
the Decree of the Fifth of May 1724 is mistaken, and
mentioned to be the Ninth of that Month; that the
Petitioner may be at Liberty to amend his said Appeal,
by rectifying such Mistakes:"
It is Ordered, That the Petitioner be at Liberty to
amend his said Appeal, according to the Prayer of the
said Petition; but this not to put off the hearing the
same on the Day Yesterday appointed.
I anove, Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for naturalizing John Lanove."
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. Thurston and Mr. Masham:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
tertium diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Mercurii, 3o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Lincoln.
Epus. Norwic.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.
Epus. Bangor. |
Ds. King, Cancellarius.
Ds. Trevor, C. P. S.
Dux Montagu.
Dux Montrose.
Dux Newcastle.
March. Tweeddale.
Comes Northampton.
Comes Anglesey.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Sutherland.
Comes Findlater.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Sussex.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Tadcaster. |
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Maynard.
Ds. Bruce.
Ds. Ashburnham.
Ds. Haversham.
Ds. Montjoy.
Ds. Foley.
Ds. Bingley.
Ds. Ducie.
Ds. Wilmington. |
PRAYERS.
E. Anglesey takes the Oaths.
This Day Arthur Earl of Anglesey took the Oaths, and
made and subscribed the Declaration, and also took and
subscribed the Oath of Abjuration, pursuant to the
Statutes.
Winckworth versus Najack.
Counsel (according to Order) were called in, to be
further heard, upon the Petition and Appeal of John
Winckworth Esquire; as also upon the Answer of Mark
Anthony Najack put in thereunto:
And being heard accordingly;
And more Proofs in the Cause read:
And the Counsel being withdrawn:
It is Ordered and Adjudged, That the Order of the
Court of Chancery in Ireland, complained of in the said
Appeal, which allows the First Seven Exceptions
taken to the Master's Report, be affirmed: And it is
further Ordered, That this House will proceed to the
further Hearing of this Cause To-morrow, at Eleven a
Clock.
Scourfield's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for vesting the Real Estates of William Scourfield the
Elder Esquire, Catherine his Wife, and William
Scourfield the Younger Esquire and Anne his Wife,
in the Counties of Pembrocke and Brecon, in Trustees,
to certain Uses therein mentioned."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ds. Trevor, C. P. S.
Dux Montagu.
Dux Montrose.
March. Tweeddale.
Comes Northampton.
Comes Anglesey.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Sutherland.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Sussex.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Tadcaster. |
Epus. Winton.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Lincoln.
Epus. Norwic.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.
Epus. Bangor. |
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Maynard.
Ds. Bruce.
Ds. Ashburnham.
Ds. Haversham.
Ds. Montjoy.
Ds. Foley.
Ds. Bingley.
Ds. Ducie.
Ds. Wilmington. |
Their Lordships, or any Five of them; to meet on
Thursday the Eighteenth Day of this Instant
April, at Ten a Clock in the Forenoon, in the
Prince's Lodgings near the House of Peers; and
to adjourn as they please.
Glegg's Pet. for a Bye-day to be considered.
Upon reading the Petition of Juliana Glegg, and Mary
Glegg an Infant her Daughter, Respondents to the Appeal of William Glegg Esquire and Grace Glegg; praying,
"In regard the said Appeal is brought for Delay; and
lest the same should not come on this Session; and
likewise in regard the Petitioner Mary is now Seventeen Years of Age, and destitute of Maintenance,
pending the same; that a short Day may be appointed, for hearing the said Appeal:"
It is Ordered, That the said Petition be taken into
Consideration To-morrow; and the Lords to be summoned.
Johnson & al. versus Ward and Fenn:
Whereas this Day was appointed, for hearing the
Cause wherein Margaret Johnson, Widow and Executrix
of Charles Johnson deceased, Arthur Collier and Margaret
his Wife, are Appellants, and John Ward and Henry
Fenn Esquires are Respondents:
And the House being informed, "That the Matters
in Difference in this Cause were agreed; and that
the Appellant did therefore desire Liberty to withdraw
his Appeal:"
And thereupon the Agents on both Sides being called
in:
And the Respondents Agent, on Behalf of his Clients,
consenting to the withdrawing the said Appeal:
Appeal withdrawn.
It is Ordered, That Leave be given to withdraw
the said Appeal, as desired.
Basingstone Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for repairing the Road from The Powder Mills on
Hounslow Heath, in the County of Middlesex, to a
Place called Basingstone, near the Town of Bagshot,
in the Parish of Windlesham, in the County of Surrey."
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. Thurston and Mr. Masham:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Causes put off.
Whereas To-morrow is appointed, for hearing the
Cause wherein Nathaniel Crosley is Appellant, and George
Shadforth is Respondent:"
It is Ordered, That the Hearing the said Cause be
adjourned till Friday next; and that the other Causes
on Cause-days be removed One Day in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
quartum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Jovis, 4o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Bath & Well.
Epus. Oxon.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.
Epus. Bangor. |
Ds. King, Cancellarius.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Manchester.
March. Tweeddale.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Warrington.
Comes Coventry.
Comes Findlater.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Macclesfield.
Comes Graham.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Maynard.
Ds. Weston.
Ds. Haversham.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Ducie. |
PRAYERS.
Daly and L. Athunry peremptorily to Answer Brown's Appead.
The House was informed, "That Dennis Daly Esquire and Francis Lord Baron of Athunry, who, by
Order of this House of the Twelfth of February last,
were required to put in their Answer or respective
Answers to the Appeal of Issidor Browne Gentleman
on or before the Eighteenth of March following, have
neglected so to do, though duly served with the said
Order for that Purpose."
And thereupon an Affidavit, made by the Appellant,
of the due Service of the said Order, being read:
It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to
the said Appeal in a Week.
Winckworth versus Najack.
After hearing Counsel on Tuesday last, as well as
Yesterday and this Day, upon the Petition and Appeal
of John Winckworth Esquire; complaining of a Decree,
or Decretal Order, of the Court of Chancery in Ireland, made the Ninth of July 1717; and also of Two
subsequent Orders of the same Court, the Twelfth of
July 1723, and Twenty-fourth of May 1726, in certain
Causes, wherein the Appellant was Plaintiff, and Mark
Anthony Najack Esquire and Anne his Wife since deceased, were Defendants; et è contra; and praying, "That
the same may be reversed;" As also upon the Answer
of the said Mark Anthony Najack put in to the said
Appeal; and due Consideration had of what was offered
on either Side in this Cause:
Judgement affirmed, with a Variation and Costs.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Decree, or Decretal Order, and the Two subsequent
Orders, complained of in the said Appeal, be, and the
same are hereby, affirmed; with this Variation as to the
Order made on the Fourteenth Exception taken by the
Respondent to the Master's Report, "That nothing be
allowed for the Maintenance of Thomas Winckworth,
the Infant Son of the said Anne, the Respondent's late
Wife, from the First of May One Thousand Seven
Hundred and Fourteen:" And it is hereby 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.
Glegg versus Glegg:
The House (according to Order) proceeded to take
into Consideration the Petition of Juliana Glegg and
Mary Glegg an Infant, her Daughter, Respondents to
the Appeal of William Glegg Esquire and Grace Glegg;
praying, "In regard the said Appeal is brought for
Delay; and lest the same should not come on this
Session; and likewise in regard the Petitioner Mary
is now Seventeen Years of Age, and destitute of
Maintenance pending the same; that a short Day may
be appointed, for hearing the said Appeal:"
And the said Petition being read:
Hearing appointed on a Bye-day.
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Thursday the Ninth
Day of May next, at Eleven a Clock.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
quintum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Veneris, 5o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Oxon.
Epus. Roffen.
Epus. Gloucestr.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Landav. |
Ds. King, Cancellarius.
Ds. Trevor, C. P. S.
Dux St. Albans.
Dux Montagu.
Dux Newcastle.
Comes Warwick & Holland.
Comes Westmorland.
Comes Litchfield.
Comes Abingdon.
Comes Warrington.
Comes Coventry.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Sussex.
Viscount Tadcaster. |
Ds. Delawarr.
Ds. Howard Eff.
Ds. Ashburnham.
Ds. Masham.
Ds. Bathurst.
Ds. Ducie. |
PRAYERS.
Reading Highways to repair Bill.
A Message was brought from the House of Commons,
by Mr. Potenger and others:
With a Bill, intituled, "An Act for enlarging the
Term granted by an Act made in the Thirteenth Year
of the Reign of Her late Majesty Queen Anne, for repairing the Highways between The Bear Inn, in Reading, and Punt Field, in the County of Berks, and for
making the said Act more effectual; and for amending other Roads in this Act menntioned;" to which
they desire the Concurrence of this House.
The said Bill was read the First Time.
Crosley versus Shadforth:
After hearing Counsel, upon the Petition and Appeal
of Nathaniel Crosley; complaining of an Order made by
the Court of Exchequer, the Twenty-sixth of October
1727; and another Order of the same Court, the Twenty-fifth of January following, in a Cause wherein the
Appellant was Plaintiff, and George Shadforth and Daniel
and John Arthur were Defendants; and in a Cross Cause,
wherein the said George Shadforth was Plaintiff, and the
Appellant Defendant; and praying, "That the same
may be reversed:" As also upon the Answer of the
said George Shadforth put in to the said Appeal; and
due Consideration had of what was offered on either
Side in this Cause:
Orders affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Petition and Appeal be, and is hereby, dismissed
this House; and that the said Orders therein complained
of be, and are hereby, affirmed.
Stagg and Holkins to withdraw Writ of Error.
Upon reading the Petition of Newton Stagg Gentleman, and William Hoskins Esquire, Plaintiff and Defendant in a Writ of Error brought into this House the
Ninth Day of May last; praying, "In regard the Petitioners are come to an Agreement in relation to the
Matters in Question, that the Petitioner Newton Stagg
may have Leave to withdraw his said Writ of Error,
without Payment of Costs on either Side:"
And thereupon the Petitioner's Agent, being called
in, and sworn, acquainted the House, "He saw both
the Petitioners sign the said Petition."
And being withdrawn:
It is Ordered, That the Petitioner Newton Stagg is
hereby at Liberty to withdraw the said Writ of Error, as
desired.
Motion for a Bye-day to hear Four Writs of Error argued.
The House being moved, "That a Bye-day may be
appointed, for arguing the Errors assigned on the Four
Writs of Error brought into this House the Twelfth
Day of March last:"
It is Ordered, That on Monday next this House will
take the said Motion into Consideration; and the Lords
to be summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
octavum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Lunæ, 8o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Asaphens.
Epus. Bangor. |
Ds. King, Cancellarius.
Ds. Trevor, C. P. S.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Comes Northampton.
Comes Carliol.
Comes Litchfield.
Comes Yarmouth.
Comes Warrington.
Comes Coventry.
Comes Sutherland.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Comes Sussex.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. St. John Blets.
Ds. Maynard.
Ds. Guilford.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Wilmington. |
PRAYERS.
Messages from H. C. to return Davie and Hooper's Bill:
A Message was brought from the House of Commons,
by Mr. Coppleston and others:
To return the Bill, intituled, "An Act for confirming the Partitions of the Estates late of Sir William
Davic Baronet, deceased, among his Coheirs; and
for settling their Shares thereof, in Severalty, to the
same Uses to which their several undivided Parts
thereof stood limited before the Partition;" and to
acquaint this House, that they have agreed to the said
Bill, without any Amendment.
and Dutchess of Portland's Bill.
A Message was brought from the House of Commons,
by the Lord Viscount Palmerston and others:
To return the Bill, intituled, "An Act to enable
the Guardians of the Lord George Bentinck, Second
Son of Henry late Duke of Portland, to make Leases
of certain Houses, Grounds, and Tenements, in Soho,
during the Minority of the said Lord George, for
making Provision for his Maintenance; and for other
Purposes therein mentioned;" and to acquaint this
House, that they have agreed to the said Bill, without
any Amendment.
E. Carlisle takes the Oaths.
This Day Charles Earl of Carlisle took the Oaths,
and made and subscribed the Declaration, and also took
and subscribed the Oath of Abjuration, pursuant to the
Statutes.
Powell against The King, in Error.
The Lord Chief Justice of the Court of King's
Bench, in the usual Manner, brought up the Transcript
of the Record upon a Writ of Error, wherein
Hugh Powell Esquire is Plaintiff,
and
The King Defendant.
Bye-day appointed for Writs of Error,
The House (according to Order) proceeded to take
into Consideration the Motion made on Friday last, for
the appointing a Bye-day, for arguing the Errors assigned upon the Four Writs of Error brought into this
House the Twelfth Day of March last.
And thereupon the following Orders were made:
Downes versus Hamlin:
"Ordered, That, on Thursday the Sixteenth Day
of May next, this House will hear the Errors argued,
by Counsel, at the Bar, in the Case upon the Writ
of Error wherein Edward Downes Gentleman is Plaintiff, and John Hamlin Defendant."
Sawle versus Green.
The like Order for arguing the Errors assigned upon
the Writ of Error wherein Francis Sawle is Plaintiff, and Francis Green Defendant, the same Day.
Pazey and Budgell versus Hollis;
The like Order for arguing the Errors assigned upon
the Writ of Error wherein Robert Pozey and Eustace
Budgell Esquire are Plaintiffs, and Nicholas Hollis Gentleman is Defendant, the same Day.
and Goostrey versus Slaughter.
The like Order for arguing the Errors assigned upon
the Writ of Error wherein William Goostrcy is Plaintiff, and Chambers Slaughter Defendant, the same Day.
Doctors Commons versus Dean and Chapter of St. Paul's & al.:
Whereas Thursday the Second Day of May next is
appointed, for hearing the Cause wherein John Bettesworth Doctor of Laws, Dean of the Arches, and others,
are Appellants, and the Dean and Chapter of St. Paul's
and others are Respondents:
Judges to attend.
It is Ordered, That the Judges do attend this House,
at the Hearing the said Cause.
Reading Highways, to repair, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
enlarging the Term granted by an Act made in the
Thirteenth Year of the Reign of Her late Majesty
Queen Anne, for repairing the Highways between
The Bear Inn in Reading and Punt Field, in the County of Berks; and for making the said Act more effectual; and for amending other Roads in this Act
mentioned."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ds. Trevor, C. P. S.
Dux Montrose.
Dux Newcastle.
Comes Northampton.
Comes Litchfield.
Comes Yarmouth.
Comes Warrington.
Comes Coventry.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Comes Sussex.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth. |
Epus. Oxon.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Bristol.
Epus. Asaphens.
Epus. Bangor. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Maynard.
Ds. Guilford.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Wilmington. |
Their Lordships, or any Five of them; to meet
on Friday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House
of Peers; and to adjourn as they please.
Skerret versus Nisbet & al.
Whereas this Day was appointed, for hearing the
Cause wherein Humphrey Skerret Gentleman is Appellant, and John Nisbet Esquire and others are Respondents:
And the House being moved, on the Behalf of the
said Respondents, "That the Hearing thereof may be
put off to another Day."
And thereupon the Agents on both Sides being called
in, and heard;
And being withdrawn:
It is Ordered, That the Hearing the said Cause be
adjourned till To-morrow; and the other Causes on
Cause-days removed in Course.
Overton, &c. Common Fields, to enclose, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming the Enclosure and Division of the Common
Fields and Common Grounds, within the Manors and
Parishes of Overton Longville, and Butolphsbridge, in
the County of Huntingdon," was committed: "That
they had considered the said Bill, and gone through
the same, and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed
to by the House.
Ordered, That the said Bill, with the Amendments,
be engrossed.
V. Castlemaine and Tylney's Bill.
The Lord Delawarr likewise reported from the Lords
Committees to whom the Bill, intituled, "An Act for
making more effectual a Deed of Appointment executed by Frederick Tylney Esquire (late deceased),
with respect to Twenty Thousand Pounds, and for
settling the same for the Purposes herein mentioned,"
was committed: "That they had considered the said
Bill, and gone through the same, and made One
Amendment thereunto."
Which, being read Twice by the Clerk, was agreed
to by the House.
Ordered, That the said Bill, with the Amendment,
be engrossed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, nonum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Martis, 9o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bangor. |
Ds. King, Cancellarius.
Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Montagu.
Dux Newcastle.
Dux Greenwich.
March. Tweeddale.
Comes Northampton.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Rothes.
Comes Orkney.
2. Comes Ilay.
1. Comes Findlater.
Comes Strafford.
Comes Tankerville.
Comes Halifax.
Comes Sussex.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth. |
Ds. Delawarr.
Ds. Ashburnham.
Ds. Montjoy.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Wilmington. |
PRAYERS.
L. Stawell & al. versus Packer.
The Answer of Winchcomb Howard Packer Esquire,
to the Appeal of William Lord Stawell, Montagu Venables
Earl of Abingdon, Samuel Lord Masham, Sir William
Wyndham Baronet, Francis-Annesley Esquire, and Henry
St. John late Viscount Bolingbroke, was this Day brought
in.
Overton, &c. Common Fields, to enclose, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
confirming the Enclosure and Division of the Common
Fields and Common Grounds, within the Manors and
Parishes of Overton Longville, and Butolphsbridge, in
the County of Huntingdon."
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. Thurston and Mr. Masham:
To carry down the said Bill, and desire their Concurrence thereunto.
Skerret versus Nisbet & al.
Counsel were called in, to be heard, upon the Petition and Appeal of Humphrey Skerret Gentleman; complaining of a Decretal Order of the Court of Chancery
in Ireland, of the Twenty-second of February 1723,
and of several other Orders and Proceedings of the said
Court; as also upon the Answer of John Nisbet, William
Slack, and Joseph Hall, put in to the said Appeal.
And the Appellant's Counsel being heard, and several
Proofs on their Part read; they were all directed to
withdraw.
And being withdrawn:
It is Ordered, That the further Hearing the said
Cause be adjourned till To morrow, at Eleven a Clock;
and that the other Causes on Cause-days be removed in
Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii,
decimum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Mercurii, 10o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Lincoln.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol. |
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Montagu.
Dux Montrose.
Dux Chandos.
Comes Lincoln.
Comes Northampton.
Comes Westmorland.
Comes Warrington.
Comes Coventry.
Comes Hadinton.
Comes Findlater.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount St. John. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Bruce.
Ds. Byron.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Bathurst.
Ds. Onslow.
Ds. Wilmington. |
PRAYERS.
Messages from H. C. to return Wheeler's Bill;
A Message was brought from the House of Commons,
by Sir Robert Furnesc and others:
To return the Bill, intituled, "An Act for vesting
the Manors of Shirfield, and divers Lands and Hereditaments, in the County of Southampton, the Estate
of Granville Wheler Esquire, in Trustees, discharged
of the Uses in a former Settlement; he having settled an Estate, in the County of Kent, to the same
Uses, in Lieu thereof;" and to acquaint this House,
that they have agreed to the same, without any Amendment.
and Bealing's Bill.
A Message was brought from the House of Commons,
by Mr. Glanville and others:
To return the Bill, intituled, "An Act to enable the
Guardians of Anna Elizabetha Bealing, an Infant
about Four Years old, appointed by this Act, to grant
Building Leases of her Fourth Part and Share of and
in certain Messuages, Ground, and Hereditaments, in
or near the Parish of St. Andrew, Holbourn, in the
County of Middlesex;" and to acquaint this House,
that they have agreed to the same, without any Amendment.
Mr Foxe's Petition referred to Judges.
Upon reading the Petition of James, George, Mary,
Anne, and Jane Fox, and of Sackville Fox, an Infant of
about the Age of Nineteen Years (by the said George
Fox his next Friend), Grandchildren of the Right Honourable Frances Viscountess Dowager Lanesborough, deceased; praying Leave to bring in a Bill, to enable the
Petitioners to grant Leases of certain Messuages, Lands,
and Tenements, in the County of Surrey; and for Sale
of a Farm called Bridgehouse Farm, in the said County,
for the Purposes in the Petition mentioned; and for
releasing the Petitioner James Fox from all Advantages
which may be taken by his not entering into Priests
Orders, as required by the Will of the said Lady Lanesborough:
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.
Moodie versus Stewart.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Elizabeth
Moodie is Appellant, and John Stewart 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.
Mr. Lightboun's Master in Chancery, Petition, clarming Privilege, concerning a Citation.
Upon reading the Petition of James Lightboun
Esquire, One of the Masters of the Chancery; praying
the Consideration of the House, with relation to certain
Proceedings of George Cheetham Esquire, and a Citation
published in Manchester Church, touching a Pew or
Seat there, in the Possession of the Petitioner; which he
apprehends to be a Breach of the Privilege of this
House:
And thereupon one James Lightboun was called in;
and, being sworn, delivered in, at the Bar, a Copy of
a Citation to the Parishioners of Manchester, in the
County of Lancaster, to shew Cause why a Pew, in the
Possession of the Petitioner, in the Parish Church of
Manchester, should not be confirmed unto the said Mr.
Cheetham; and attested, "The same was a true Copy,
he having examined it with the Original; and that
the said Citation was published in the said Parish
Church on Sunday the Twenty-eighth of January
last, he being then and there present, and heard the
same published."
And being withdrawn;
The Copy of the said Citation was read.
After which, an attested Copy of Mr. Cheetham's Allegations in the Cause, in the Consistory Court of Chester, was delivered in, at the Table.
And the Title thereof being read:
It is Ordered, That the said Petition, and the Copies of the said Citation and Allegations, be, and are
hereby, referred to the Lords Committees for Privileges; and that their Lordships do meet, and take
the same into Consideration, on Monday next.
Message from H. C. to return Bromley's Bill.
A Message was brought from the House of Commons,
by Sir Thomas Lyttleton and others:
To return the Bill, intituled, "An Act for vesting
the Estate of William Bromley Esquire and Mary his
Wife, lying at Sundon, in the County of Bedford, in
Trustees, to be sold, pursuant to an Agreement in
their Marriage Settlement;" and to acquaint this
House, that they have agreed to the same, without any
Amendment.
Skerret versus Nisbet & al.
Counsel (according to Order) were called in, to be
further heard, in the Cause wherein Humphrey Skerret is
Appellant, and John Nisbet and others are Respondents.
And being heard accordingly, and several Proofs on
the Respondents Part read;
And the Counsel being withdrawn:
It is Ordered, That the further Hearing of this
Cause be adjourned till To-morrow, at Eleven a Clock;
and that the Cause wherein Alexander Duke of Gordon
and Elizabeth Dutchess Dowager of Gordon are Appollants, and Charles Earl of Murray and others are Respondents, which was appointed to be heard To-morrow,
be put off to Friday next; and that the other Causes
on Cause-days be removed One Day in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, undecimum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.