House of Lords Journal Volume 23
April 1728, 11-20

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History of Parliament Trust

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1767-1830

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240-248

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'House of Lords Journal Volume 23: April 1728, 11-20', Journal of the House of Lords volume 23: 1727-1731 (1767-1830), pp. 240-248. URL: http://british-history.ac.uk/report.aspx?compid=113928 Date accessed: 27 August 2014.


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April 1727, 11-20

DIE Jovis, 11o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Bath & Well.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Montagu.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
March. Tweeddale.
Comes Northampton.
Comes Denbigh.
Comes Scarsdale.
Comes Clarendon & Rochester.
Comes Litchfield.
Comes Warrington.
Comes Rothes.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Comes Uxbridge.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Maynard.
Ds. Byron.
Ds. Lynne.
Ds. Ashburnham.
Ds. Weston.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Wilmington.

PRAYERS.

Message from H. C. to return Brown's Bill.

A Message was brought from the House of Commons, by Sir Nathaniel Curzon and others:

To return the Bill, intituled, "An Act to enable Thomas Brown Gentleman to grant Building Leases of his Estate, in the Town of Manchester, in the County of Lancaster;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Skerret versus Nisbet & al.:

After hearing Counsel, as well on Tuesday last as Yesterday and this Day, upon the Petition and Appeal of Humphrey Skerret Gentleman; complaining of a Decree, or Decretal Order, of the Court of Chancery in Ireland, made the Twenty-second of February 1723, in a Cause wherein the Appellant was Plaintiff, and John Nisbet, William Slack, Joseph Hall, Christopher Rind, and Lancelot Lawther, were Defendants; and in a Cross Cause, wherein the said John Nisbet was Plaintiff, and the Appellant and others were Desendants; and also complaining of several Orders made in the said Court of Chancery, upon arguing the said Nisbet's Exceptions to the Master's Report, whereby any of them are allowed; and of the several Directions given for Trials at Law, upon the several Issues mentioned in the said Appeal; and of the Lord Chancellor's not determining the Merits of the Appellant's First Exception to the said Report; and praying, "That the said Nisbet may be decreed to pay the Appellant not only the Rent in Arrear, reserved upon the Demise made by the Appellant's Father to William Slack, but also the growing Rent for the Remainder of the Term granted; and that the Appellant may have such other Relief as to this House shall seem meet:" As also upon the Answers of the said John Nisbet, William Slack, and Joseph Hall, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Decree and Orders reversed, with Direction.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Lands of Killefadda and Gortinee, in the Pleadings mentioned, were Part of the Lands demised by the Lease of the Second of June 1696 to John Skerret, the Appellant's Father, and the said William Slack and Joseph Hall: And it is therefore hereby Ordered and Adjudged, That that Part of the Order of the said Court of Chancery, which directs an Issue at Law, to try whether the said Lands were demised to Slack, Skerret, or Hall, and whether the same Lands were in the Possession of Francis Shanley, William Shanley, Edmund Mc Hugh, and Andrew Hewitt, or any of them, at the Time of the said Demise, be, and the same is hereby, reversed: And it is hereby further Ordered, That the Respondent Nisbet do accompt to the Appellant for the Profits of the said Lands of Killefadda and Gortinee, during the Time he enjoyed them; and that the said Court of Chancery do direct an Inquiry to be made, of the Time that the said Respondent enjoyed the said Lands, and an Accompt to be taken of the Rents and Profits by him received: And, upon the Appellant's First Exception, and the Respondent's Fourteenth Exception, it is hereby Declared, That the Assignment, bearing Date the Eighteenth of February 1720, from the said Lawther to Rind, was in Trust for the Respondent Nisbet; and, therefore, it is hereby further Ordered and Adjudged, That so much of the said Decree which directs an Issue to be tried, whether the said Assignment was in Trust for the Respondent Nisbet, be, and is hereby, reversed: And it is further Ordered, That the Respondent Nisbet do, from the said Eighteenth of February 1720, the Time of the said Assignment, accompt for, and pay to the Appellant, the One Hundred Pounds per Annum reserved on the Lease made to Slack in the Year 1699, by the said John Skerret; and that, from the said Eighteenth of February, the said Nisbet is not to have any Credit for the One Hundred Pounds per Annum reserved on the original Lease: But whether the Respondent Nisbet shall be charged with the said One Hundred Pounds per Annum, reserved on the said Lease made to Slack in 1699, or with any Part thereof, for any Time precedent to the said Eighteenth of February 1720, the Consideration and Determination thereof is hereby referred to the said Court of Chancery, to do therein what is just, after the several Issues directed shall be tried: And it is also further Ordered and Adjudged, That that Part of the said Decree which directs an Issue to be tried, what unjust or illegal Disturbances were committed or done by the Respondent Nisbet, or his Order, to Slack the Appellant and Hall, since the Twenty-ninth of September 1714, in the Enjoyment of the demised Premises, or how much the said Lessees, or any of them, suffered thereby, be, and is hereby, affirmed; but that the Direction in the said Decree, "That what was done by the Respondent Nisbet, in Obedience to the Presentment of the Grand Jury, and Orders thereon, made in relation to the Bay and Dams, should not be insisted on, or given in Evidence for the Appellant at the Trial," be, and is hereby, reversed: And it is further Ordered and Adjudged, That that Part of the said Decree which directs a Trial, "whether the Respondent Nisbet, or any by his Procurement, hindered the Lessees from cutting or making Use of any Woods or Timber which they had a Right to, by their Agreement with the Respondent Nisbet," be affirmed, with this Addition, That the same Jury do try what Loss or Damage such Hindrance occasioned: And, as to the Respondent's Sixteenth Exception, the same, by Consent of the Parties signified at the Bar, is hereby allowed, as to Sixteen Pounds: And it is also Ordered and Adjudged, That, as to the Residue of the Decree and Orders complained of, not hereby reversed, varied, or altered, the same be affirmed.

His Majesty's Consent to Wittewronge's Bill signified.

The Duke of Newcastle acquainted the House, "That His Majesty had been informed there was a Bill depending before their Lordships, to enable Trustees to make a Conveyance of the Estate late of Sir John Wittewronge Baronet, deceased; and that the present Sir John Wittewronge had the Misfortune, some Years since, to kill a certain Person; for which Fact he shortly after left the Kingdom, and has not yet been indicted for the same: But, in case he should hereafter be attainted, Part of the said Estate might be forfeited; His Majesty therefore had commanded that it should be signified to the House, He did consent an Exception might be made in the general Saving, to bar any Right or Interest which might accrue to His Majesty, upon any Attainder of the present Sir John Wittewronge for the said Fact."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, duodecimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 12o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Asaphens.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Graston, Camerarius.
Dux Montrose.
Dux Kent.
Dux Greenwich.
Dux Chandos.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Peterborow & Monmouth.
Comes Scarsdale.
Comes Sandwich.
Comes Clarendon & Rochester.
Comes Cardigan.
Comes Carlisle.
Comes Litchfield.
Comes Yarmouth.
Comes Warrington.
Comes Coventry.
Comes Rothes.
Comes Hadinton.
Comes Findlater.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Pomfret.
Comes Graham.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawari.
Ds. Hunsdon.
Ds. Maynard.
Ds. Berkeley Str.
Ds. Lynnc.
Ds. Ashburnham.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Wilmington.

PRAYERS.

E. Cardigan takes the Oaths.

This Day George Earl of Cardigan took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

D. of Graston to enclose Common Fields in Northamptonshire, Leave for a Bill.

Upon reading the Petition of Charles Duke of Grafton; praying Leave to bring in a Bill, to enable the Petitioner to enclose the Common Fields and Waste Grounds, lying within the Manor or Parish of Grafton Regis, in the County of Northampton, in Pursuance of several Agreements made between the Petitioner and the Rector of the said Parish, and between the Petitioner and the Churchwardens of the said Parish; and to establish the said Agreements:

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

Mr.Howard, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of the Honourable Charles Howard Esquire was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for empowering the Honourable Charles Howard Esquire to raise Money, by Sale or Mortgage of the Manors of Walden, alias Chipping Walden, Brook Walden, and other Manors and Lands therein mentioned, for the Payment of the Debts of Charles William late Earl of Suffolk and Bindon, deceased."

Sir H. Tynte's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Estate of Sir Halswell Tynte Baronet and Dame Mary his Wife (in Right of Dame Mary) in Trustees, to be settled to the Uses in their Marriage Articles," 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.

E. of Buchan's Bill.

The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in Trustees divers Lands, in the several Counties of Berks, Bucks, Wilts, Oxford, and York, the Estate of David Earl of Buchan, for the Purposes therein mentioned," 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.

D. and Dutch. Dowager of Gardon versus E. of Murray & al.:

This Day being appointed, to hear Counsel, upon the Petition and Appeal of Alexander Duke of Gordon and Elizabeth Dutchess Dowager of Gordon; complaining of several Interlocutors of the Lords of Session in Scotland, and the Orders confirming the same, made on the Behalf of Charles Earl of Murray and others; and praying, "That the House will determine the Respondent's Right of Fishing on the Water of Inner Spey, to be confined within certain Bounds:"

Notice was taken, "That the Plans of the said River, which have been distributed by the Agents on both Sides, with the printed Cases, differ from one another."

Whereupon Mr. Dalrymple, Solicitor for the Appellants, and Mr. Alexander Hamilton, Solicitor for the Respondents, were called in; and, having, at the Bar, viewed the said Plans, were examined concerning them; and admitted they differed from one another; but said, There were Two original Plans prepared, by Direction of the Lords of Session; which did exactly agree, and were both ready to be produced before the House."

And being withdrawn:

Hearing adjourned.

It is Ordered, That the Hearing the said Cause be adjourned till Monday next; and that the said Solicitors do cause Plans to be prepared, agreeable to the Originals, for the Use and Information of the Lords.

And then the said Solicitors, being again called in, were acquainted by the Lord Chancellor of the putting off the said Cause; and were directed to cause Plans to be prepared, as abovementioned.

V. Casslemain and Tylney's Bill:

Hodie 3a vice lecta est Billa, 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."

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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, decimum quintum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 15o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Winton.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.
Epus. Asaphens.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Rutland.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
March. Twceddale.
Comes Lincoln.
Comes Warwick & Holland.
Comes Westmorland.
Comes Peterborow.
Comes Winchilsea.
Comes Scarsdale.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Sutherland.
Comes Rothes.
Comes Findlater.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Uxbridge.
Comes Bristol.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Maynard.
Ds. Berkeley Str.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Ducie.
Ds. Wilmington.

PRAYERS.

Howard's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for empowering the Honourable Charles Howard Esquire to raise Money, by Sale or Mortgage of the Manors of Walden, alias Chipping Walden, Brook Walden, and other Manors and Lands therein mentioned, for the Payment of the Debts of Charles William late Earl of Suffolk and Bindon, deceased."

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

Ds. Trevor, C. P. S.
Dux Kent.
Dux Greenwich.
Dux Chandos.
March. Tweeddale.
Comes Lincoln.
Comes Warwick.
Comes Westmorland.
Comes Sandwich.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Findlater.
Comes Dunmore.
Comes Marchmont:
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth.
Epus. Winton.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Norwic.
Epus. Carliol.
Epus. Menevens.
Epus. Bristol.
Epus. Bangor.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Berkeley.
Ds. Guilford
Ds. Ashburnham.
Ds. Weston.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Ducie.
Ds. Wilmington.

Their Lordships, or any Five of them; to meet on Tuesday the Thirtieth 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.

Lightboun's Petition, claiming Privilege, concerning a Citation about a Pew at Manchester: Report from Committee of Privileges:

The Lord Delawarr reported from the Lords Committees for Privileges, to whom was referred the Petition of James Lightboun Esquire, One of the Masters of the Chancery; praying the Consideration of the House, in relation to certain Proceedings of George Cheetham Esquire, in the Consistory Court, within the Cathedral of Chester, against the Petitioner, who claims the Possession of a Pew in Manchester Church: "That the Committee have considered the said Petition; as also a Citation to the Inhabitants of the Town of Manchester, to appear at the said Court, and shew Cause why the said Pew in the said Church should not be confirmed unto the said Mr. Cheetham; and likewise the Allegations exhibited by the said Cheetham in the said Court against the Petitioner, referred to the Committee; and are of Opinion, the Proceeding had in the said Court, against the Petitioner, is a Breach of the Privilege of this House."

Which Report, being read by the Clerk, was agreed to by the House.

Cheetham to be attached.

Ordered, That the said George Cheetham do discharge, or cause to be discharged, all Proceedings in the said Court, touching this Matter, had within the Time of Privilege of Parliament.

Then, it being moved, "That the said Mr. Cheetham be required forthwith to attend this House:"

After Debate;

It was proposed, "To order him to be taken into Custody."

Which being objected to;

The Question was put, "That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the said George Cheetham, and bring him hither, to answer the Matters contained in the said Petition?"

It was Resolved in the Affirmative.

Lords take the Oaths.

This Day Henry Earl of Lincoln and Richard Lord Viscount Cobham took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; their Lordships having first severally delivered in Certificates of their receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Messages from H. C. with Bills; and to return Crowe's Bill.

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

To return the Bill, intituled, "An Act to enable Christopher Crowe, of Woodford Hall in the County of Essex, Esquire, to sell, or otherwise dispose of, the Mansion-house called Woodford Hall, and all other his Lands and Hereditaments, at Woodford, comprized in his Settlement thereof; he having settled other Lands and Hereditaments, in the County of York, of greater Value, to the same Uses, in Lieu thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Land Tax Bill.

A Message was brought from the House of Commons, by Sir Charles Turner and others:

With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Twenty-eight;" to which they desire the Concurrence of this House.

Hammond's Composition Bill.

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

With a Bill, intituled, "An Act to enable the Commissioners of the Treasury, or the Lord High Treasurer, for the Time being, to compound with Thomas Hammond, late of London, Merchant, and his Sureties, for a Debt due to the Crown for Customs on Tobacco and Wines;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

D. and Dutch Dowages of Gordon versus E. Murray & al.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of Alexander Duke of Gordon and Elizabeth Dutchess Dowager of Gordon; complaining of several Interlocutors of the Lords of Session in Scotland; as also upon the Answer of Charles Earl of Murray and others put in to the said Appeal.

And the Appellants Counsel being heard; they were 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 One Day in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum sextum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

Die Mercurii, 7o Maii, 1729, hitherto examined by us,

Warrington.
Jo. Carliol.
De Lawarr.

DIE Martis, 16o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Winton.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Rutland.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
March. Tweeddale.
Comes Leicester.
Comes Warwick & Holland.
Comes Peterborow & Monmouth.
Comes Winchilsea.
Comes Scarsdale.
Comes Sandwich.
Comes Clarendon & Rochester.
Comes Yarmouth.
Comes Warrington.
Comes Coventry.
Comes Sutherland.
Comes Rothes.
Comes Hadinton.
Comes Findlater.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Deloraine.
Comes Ilay.
Comes Strafford.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. St. John Blets.
Ds. Maynard.
Ds. Berkeley Str.
Ds. Guilford.
Ds. Weston.
Ds. Haversham.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bingley.
Ds. Ducie.
Ds. Wilmington.

PRAYERS.

Corker & al. versus Cuningham & al.

The Answer of James Cuningham, Daniel Peck, Philip Peck, and Anthony Robinson, to the Appeal of Chambre Corker and others, was this Day brought in.

Meighan to be taken into Custody, if he does not pay Najack his Costs.

Whereas, after hearing Counsel, upon the Petition and Appeal of John Winckworth Esquire, to which Mark Anthony Najack Esquire was Respondent, the Fourth Instant, the Appellant was ordered to pay to the said Respondent the Sum of Forty Pounds, for his Costs:

And the House being informed, "That Patrick Meighan, of St. Andrew's, Holbourn, Bookseller, entered into a Recognizance to answer Costs, if any should be awarded on the said Appeal; and was duly served with the said Order for that Purpose; yet he hath neglected to pay the said Costs:"

And thereupon Mr. John Ellis, the Respondent's Agent, being called in; and attesting, upon Oath, at the Bar, the Truth of the said Information:

And being withdrawn:

It is Ordered, That, unless the said Patrick Meighan do pay, or cause to be paid, to the said Respondent, the said Forty Pounds Costs, within a Week after due Service of this Order, he shall be taken into Custody by the Gentleman Usher of the Black Rod.

Sir H. Tynte's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Estate of Sir Halswell Tynte Baronet and Dame Mary his Wife (in Right of Dame Mary) in Trustees, to be settled to the Uses in their Marriage Articles."

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. Yard and Mr. Burroughs:

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

D. and Dutch. Dowager of Gordon versus E of Murray & al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Alexander Duke of Gordon and Elizabeth Dutchess Dowager of Gordon; complaining of an Interlocutory Sentence of the Lords of Session in Scotland, pronounced the Sixteenth of February 1726/7, and the Affirmance thereof the Twentyeighth of the same Month; and also of another Interlocutor pronounced the Fourteenth of July 1727, and the Affirmance thereof the One and Twentieth of the same Month, on the Behalf of Charles Earl of Murray and others; and praying, "That the same may be reversed:" As also upon the Answer of the said Earl, and the Answer of Sir Harry Innes, William Duff Esquire, and Sir James Suttie, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Interlocutors varied.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutory Sentence of the Sixteenth of February 1726/7, and the Affirmance thereof, be varied, and do stand in the Words following: "That the said Earl of Murray and other the Respondents abovementioned have the exclusive Right of fishing in the Channel of the Water of Spey, downward, to the Place where the Line which the Sea makes upon the Coast cuts the River at High Water; and that they have not Right to fish below that Line; and that the Appellants, the Duke of Gordon and the Dutchess Dowager of Gordon, have the exclusive Right of Fishing with the Tug-net, from and below the said Line to the Sea; and that they have not Right to fish above that Line; reserving to the said Sir James Suttie, as now, (fn. 1) in the Right of the said Fishings upon the said River, which belonged to the Earl of Dumferling, the said Earl his Right of Tug-net Fishing on the West Side of the said Water of Spey, conform to his former Possession:" And it is hereby also Ordered and Adjudged, That the said Interlocutor of the Fourteenth of July 1727, and the Affirmance thereof the One and Twentieth of the same Month, be, and are hereby, affirmed.

Cromy versus Holland.

Whereas To-morrow is appointed, for hearing the Cause wherein Elizabeth Cromy Widow is Appellant, and Mary Holland alias Ash Widow is Respondent:

It is Ordered, That the Hearing the said Cause be adjourned till the First Day of Meeting after the approaching Recess.

Staines versus Maddocks:

Whereas Thursday next is appointed, for hearing the Cause wherein John Staines is Appellant, and Edward, Robert, Thomas, John, William, and Sarah Maddock, by their prochein Anue, are Respondents:

Causes put off.

It is Ordered, That the Hearing the said Cause be adjourned till the Second Day of Meeting after the approaching Recess; and that the other Causes appointed do come on in Course.

Land Tax Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Twentyeight."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Accordingly the House was adjourned during Pleasure, and put into a Committee of the whole House upon the said Bill.

And, after some Time spent therein, the House was resumed.

And the Earl of Westmorland reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum septimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 17o Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Bath & Well.
Epus. Litch. & Cov.
Epus. Perriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Menevens.
Epus. Bristol.
Epus. Landav.
Ds. King, Cancellarius.
Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux St. Albans.
Dux Bolton.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
March. Tweeddale.
Comes Winchilsea.
Comes Chesterfield.
Comes Scarsdale.
Comes Clarendon.
Comes Coventry.
Comes Cholmondeley.
Comes Findlater.
Comes Dunmore.
Comes Marchmont.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Maynard.
Ds. Bruce.
Ds. Ashburnham.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Wilmington.

PRAYERS.

Sir John Meres and Ainsworth, peremptorily to answer York Buildings Company Appeals.

The House was informed, "That Sir John Meres and Rowland Ainsworth Esquire, who, by Orders of this House of the Fifteenth of March last, were required to put in their Answers to the Two Appeals of the Governor and Company of Undertakers for raising the Thames Water in York Buildings on or before the Twelfth Instant, have neglected so to do, though duly served with the said Orders."

And thereupon Mr. Alexander Irvine being called in, and examined upon Oath, at the Bar, touching the Service of the said Orders:

And being withdrawn:

It is Ordered, That the said Sir John Meres and Rowland Ainsworth do peremptorily put in their Answers to the said Appeals on or before the First Day of Meeting after the approaching Recess.

Land Tax Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Twentyeight."

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. Yard and Mr. Burroughs:

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

Messages from H. C. with a Bill, and to return E. of Shaftesbury's Bill;

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

To return the Bill, intituled, "An Act to settle a Jointure on Susanna Countess of Shaftesbury, Wife of Anthony Earl of Shaftesbury, in Lieu and Bar of her Dower, or Thirds at the Common Law;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Cherrington Common Fields to enclose, Bill:

A Message was brought from the House of Commons, by the Lord Viscount Limerick and others:

To return the Bill, 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Evesham Roads to repair, Bill:

A Message was brought from the House of Commons, by Sir John Rushout and others:

With a Bill, intituled, "An Act for repairing and amending the several Roads leading to and from the Borough of Evesham, in the County of Worcester;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Grafton Common Fields to enclose, Bill:

The Earl of Findlater (pursuant to the Order of the Twelfth Instant) presented to the House a Bill, intituled, "An Act for enabling Charles Duke of Grafton, Lord of the Manor of Grafton, in the County of Northampton, to enclose the Common Fields and Waste Grounds within the said Manor, in Pursuance of several Agreements between the said Duke, and the Rector and Churchwardens of the Parish of Grafton Regis; and to establish the said Agreements."

The said Bill was read the First Time.

His Majesty's Consent signified to the D. of Grafton a Bill.

The Duke of Newcastle (by His Majesty's Command) acquainted the House, "That His Majesty, having been informed of the Contents of the last-mentioned Bill, was graciously pleased to consent to the passing thereof, so far as the Interest of the Crown was concerned therein."

The King's Consent signified to Hammond's Composition Bill.

The Duke of Newcastle likewise (by His Majesty's Command) signified to the House His Majesty's Consent to the passing the Bill, intituled, "An Act to enable the Commissioners of the Treasury, or the Lord High Treasurer for the Time being, to compound with Thomas Hammond late of London Merchant, and his Sureties, for a Debt due to the Crown, for Customs on Tobacco and Wines."

Then the said Bill was read a Second Time, and ordered to be committed to the Consideration of the Lords following; (videlicet,)

Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Newcastle.
March. Tweeddale.
Comes Winchilsea.
Comes Scarsdale.
Comes Clarendon.
Comes Coventry.
Comes Findlater.
Comes Dunmore.
Comes Marchmont.
Comes Ilay.
Comes Oxford.
Comes Macclesfield.
Comes Pomfret.
V. Say & Seale.
V. Tadcaster.
V. Falmouth.
Epus. Dunelm.
Epus. Litch. & Cov.
Epus. Eliens.
Epus. Lincoln.
Epus. Norwic.
Epus. Menevens.
Epus. Bristol.
Ds. Abergavenny.
Ds. Howard Eff.
Ds. Maynard.
Ds. Bruce.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Wilmington.

Their Lordships, or any Five of them; to meet on Monday the Twenty-ninth 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.

No more Appeals to be received this Session.

Ordered, That, after the First Day of Meeting, after the approaching Recess, no more Appeals be received during this Session.

Pyke, for Leave to amend his Appeal.

Upon reading the Petition of Thomas Pyke; praying, That he may be at Liberty to amend his Appeal, by making Thomas Mellersh, of Dunsfold, in the County of Surrey, Yeoman, Respondent thereto; and that the Respondents to the said Appeal may produce the Petitioner's Title-Deed and Bond, in the Appeal mentioned, and other the Title-Deeds and Writings concerning the Premises in Question, within a Time to be limited; and that the said Deed and Bond, and the Proofs taken in the Cause in Chancery, may be read at the Hearing in this House:"

It is Ordered, That the Petitioner may amend his Appeal, as desired; and that the said Thomas Mellersh do put in his Answer thereunto, in Writing, on or before Wednesday the First Day of May next; and that the Petitioner is at Liberty also to amend his Appeal, as he shall think proper, or be advised, by alledging, "That any Proofs taken in the said Cause, and which ought to have been read in the Court below, were there refused;" and that the several Respondents may put in another Answer to the Appeal, when amended, if they shall think fit; and that the Deed, Bond, and Writings, abovementioned, be, within a Week after due Service of this Order, brought before the Master, in order to be inspected by the Petitioner, or his Agents; and that the same be produced before this House at the Hearing of the Cause.

Merchants of Almaine to inspect Books, &c.

Upon reading the Petition of the Merchants of Almaine, Appellants in a Cause depending in this House, to which Sir Jacob Jacobsen Knight and Theodore Jacobsen are Respondents; praying, "That they may have Liberty, from Time to Time, as there shall be Occasion, to inspect the Books of Accompt, Papers, and Writings, which relate to the clearing the Accompts, directed to be taken by an Order of the Court of Chancery appealed from, and which are now before Mr. Kinaston, One of the Masters of the said Court; and to take Copies of such Part of them as they shall be advised, and to have the same translated by a Notary Public; and that they make Use of such Translations at the Hearing the said Cause in this House:"

It is Ordered, That the Petitioners be at Liberty to inspect the said Books, Papers, and Writings, as desired; and to take Copies thereof, at their own Expence, in order to be translated, and made Use of as may be agreeable to Law and Justice."

D. of Somerset's Privileges

Complaint being made to the House, and Oath made at the Bar, "That Henry Stone did, on the Twelfth of January last, cause several Timber Trees to be cut down, on the Waste belonging to his Grace the Duke of Somerset, in the County of Sussex, in Breach of his Grace's Privilege, and the Privilege of this House:"

Stone to be attached, for cutting down Timber.

It is Ordered, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Henry Stone, and bring him in safe Custody to this House, to answer the Matter of the said Complaint; and this shall be a sufficient Warrant on that Behalf.

To Francis Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

The House was adjourned during Pleasure, to robe.

The House was resumed.

His Majesty present:

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker;

He, after a short Introduction in relation to the Land Tax Bill to be passed, delivered the same to the Clerk; who brought it to the Table; where the Clerk of the Crown read the Title of that and the Titles of the other Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Twenty-eight."

To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainst le veult."

"2. 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."

To this Bill the Royal Assent was pronounced in these Words; (videlicet,)

"Le Roy le veult."

"3. An Act to settle a Jointure on Susanna Countess of Shaftesbury, Wife of Anthony Earl of Shaftesbury, in Lieu and Bar of her Dower, or Thirds at the Common Law."

"4. An Act to enable the Guardians of the Lord George Bentincke, 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."

"5. An Act for confirming the Partitions of the Estates late of Sir William Davie 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."

"6. 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."

"7. An Act to enable Christopher Crowe, of Woodford Hall, in the County of Essex, Esquire, to sell, or otherwise dispose of, the Mansion-house called Woodford Hall, and all other his Lands and Hereditaments at Woodford, comprized in his Settlement thereof; he having settled other Lands and Hereditaments, in the County of York, of greater Value, to the same Uses, in Lieu thereof."

"8. 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, Holborn, in the County of Middlesex."

"9. 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."

"10. An Act to enable Thomas Brown Gentleman to grant Building Leases of his Estate in the Town of Manchester, in the County of Lancaster."

"11. 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."

"12. An Act for naturalizing John Lanove."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then His Majesty was pleased to withdraw; and the Commons returned to their House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic.