April 1728, 21-30
DIE Lunæ, 21o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Bath & Well.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Epus. Petriburg.
Epus. Cestriens.
Epus. Asaphens. |
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Montagu.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
Comes Westmorland.
Comes Sunderland.
Comes Cardigan.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Marchmont.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Bristol.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington. |
Ds. Percy.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Maynard.
Ds. Cornwallis.
Ds. Craven.
Ds. Ashburnham.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Masham.
Ds. Foley.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Wilmington.
Ds. Monson.
Ds. Malton.
Ds. Lovell. |
PRAYERS.
Chapel of Ease in Leeds to make a Benefice, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to make the Chapel of Eease of The Holy and Undivided Trinity, in the Town of Leeds, in the County
of York, a perpetual Cure and Benefice; and for defraying of some Expences in finishing the said Chapel
yet remaining unpaid."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ds. Trevor, C. P. S.
Dux Montagu.
Dux Greenwich.
Comes Westmorland.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Macclesfield.
Comes Pomfret.
Vis. Say & Seale.
Vis. Lonsdale.
Vis. Falmouth. |
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Norwic.
Epus. Carliol.
Epus. Menevens.
Epus. Petriburg.
Epus. Asaphens. |
Ds. Percy.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Craven.
Ds. Foley.
Ds. Bingley.
Ds. Walpole.
Ds. Wilmington.
Ds. Monson.
Ds. Malton.
Ds. Lovell. |
Their Lordships, or any Five of them; to meet on
Wednesday next, at Ten a Clock in the Forenoon,
in the Prince's Lodgings near the House of Peers;
and to adjourn as they please.
Relief of Debtors, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for the Relief of Debtors, with respect to the Imprisonment of their Persons."
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. Kinaston and Mr. Thomas Bennet:
To carry down the said Bill, and desire their Concurrence thereunto.
Sir John Schaw versus Lady Houstoun:
Upon reading the Petition of Sir John Schaw of
Greenock Baronet, and Colonel Charles Cathcart, having
Power and Commission from him; praying, "In regard
Propositions have been made to Dame Margaret Houstoun, Sister to the Petitioner, and Respondent to his
Appeal; and which, he hopes, will bring about a
final Accommodation between so near Relations; that
his Appeal, which stands for an Hearing on Wednesday next, may be dismissed:"
And thereupon the Agents on both Sides being called in:
And Mr. Alexander Hamilton, the Respondent's Agent,
acquainting the House, "The Respondent did consent
to the Dismission of the Appeal, without Costs, upon
affirming the Decree:"
And being withdrawn:
Appeal dismissed, and Decree affirmed.
It is Ordered, That the said Appeal be, and is
hereby, dismissed this House accordingly; and that the
Interlocutory Sentence, or Decree, therein complained
of, be, and is hereby, affirmed.
Bricks and Tiles, Bill.
The Earl of Westmorland (according to Order) reported from the Committee of the whole House to
whom the Bill, intituled, "An Act to explain and
amend an Act, made in the Twelfth Year of His late
Majesty's Reign, intituled, "An Act to prevent Abuses
in the making of Bricks and Tiles, and to ascertain the
Dimensions thereof; and to prevent all unlawful Combinations amongst any Brick-makers or Tile-makers
within Fifteen Miles of the City of London, in order to
advance or enhance the Price of Bricks or Tiles,"
was committed, the Amendments made by the Committee to the said Bill.
Which were read Twice, by the Clerk, and agreed to
by the House, and are as follow; (videlicet,)
"Press 2d, Line 37th. Leave out from ["Offence"]
to ["Provided"], in the 3d Line of the next Press."
"Press 3d, L. 8th. After ["Bricks"], insert ["for
Sale"]."
Paving Streets in Westminster, Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee upon the Bill, intituled, "An Act for better paving and cleansing the
Streets in the City and Liberty of Westminster, and
other Places within the Limits of the Weekly Bills of
Mortality, in the County of Middlesex."
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 said Bill,
and directed him to report the same to the House,
without any Amendment."
Bribery in Elections to prevent, Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to
serve in Parliament."
And, after some Time spent therein, the House was
resumed.
And the Lord Delawarr reported from the said Committee, "That they had made some Progress in the said
Bill; and desired another Time might be appointed,
for the House to be in a Committee, to proceed further therein."
Ordered, That this House shall be put into a
Committee, to consider further of the said Bill, on Wednesday next; and the Lords to be summoned.
Pamphlet, alledged to contain Reflections on Ld. Willoughby de Broke, complained of.
Complaint being made to the House, of a printed
Pamphlet, intituled, "Who is the Impostor discovered; or,
the Vindication of John Curson, from the malicious Aspersions in The Daily Post of the 3d Instant," wherein is
contained, as was alledged, Reflections on the Lord Willoughby de Broke:
And a Paragraph in the 11th Page of the said
Pamphlet being read by the Clerk:
It is Ordered, That the Matter of this Complaint
be, and is hereby, referred to the Lords Committees
for Privileges; and that their Lordships do meet, and
consider the same, To-morrow Morning.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
vicesimum secundum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 22o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Bath & Well.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Bristol.
Epus. Petriburg.
Epus. Cestriens.
Epus. Asaphens. |
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Beaufort.
Dux Bolton.
Dux Montagu.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Chandos.
Dux Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Plimouth.
Comes Warrington.
Comes Coventry.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Dartmouth.
Comes Sussex.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Falmouth. |
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Craven.
Ds. Carteret.
Ds. Herbert.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Ducie.
Ds. Wilmington.
Ds. Monson.
Ds. Malton.
Ds. Lovell. |
PRAYERS.
Old Bank of Scotland's Answer to the Appeal of the Royal Bank.
The Answer of the Governor and Company of the
Bank of Scotland to the Appeal of the Governor and
Company of the Royal Bank of Scotland and Andrew
Cochran Merchant in Glasgow, was brought in.
Message from H. C. with a Bill.
A Message was brought from the House of Commons,
by Mr. Bramston and others:
With a Bill, intituled, "An Act for the Relief of
Insolvent Debtors;" to which they desire the Concurrence of this House.
Captain Buchan versus Buchan.
After hearing Counsel, upon the Petition and Appeal of Captain Charles Buchan; complaining of Two
Interlocutors, or Decrees, of the Lords of Session in Scotland, of the Twenty-eighth of December and Ninth of
January last, made on the Behalf of Mr. Thomas Buchan;
and praying, "That the same may be reversed:" As
also upon the Answer of the said Thomas Buchan put in
to the said Appeal; and due Consideration had of what
was offered on either Side in this Cause:
Interlocutors 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 Interlocutors, or Decrees,
therein complained of, be, and are hereby, affirmed.
Murphy et al. Leave to amend Appeal.
The Order made on Saturday last, for the Petition of
Samuel Murphy and others, to lie on the Table till this
Day, being read:
The Agents on both Sides, attending, were called in.
And the Respondents Agent acquainting the House,
That they had no Objection to the Appellants amending their said Appeal, as prayed by the said Petition;
provided they might have Three Weeks Time to put
in their Answer:"
And being withdrawn:
It is Ordered, That the Petitioners be at Liberty
to amend the said Appeal, as desired; and that the Respondents do put in their Answer or respective Answers
thereunto, in Writing, in Three Weeks.
Elsdon Common to enclose, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for
dividing and enclosing the Common called Elsdon Common, in the Parish of Elsdon, in the County of Northumberland," 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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Mercurii,
vicesimum tertium diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Mercurii, 23o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Bath & Well.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Bristol.
Epus. Petriburg.
Epus. Cestriens.
Epus. Asaphens. |
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Beaufort.
Dux Bolton.
Dux Montagu.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Chandos.
Dux Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Plimouth.
Comes Warrington.
Comes Coventry.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Dartmouth.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Torrington. |
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Carteret.
Ds. Craven.
Ds. Herbert.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Ducie.
Ds. Wilmington.
Ds. Monson.
Ds. Malton.
Ds. Lovell. |
PRAYERS.
Enfield Road to repair, Bill.
The Earl of Warrington reported from the Lords
Committees to whom the Bill, intituled, "An Act for
making more effectual the Acts passed, for repairing
the Road from the Stones-end in Shoreditch, in the
County of Middlesex, to the furthermost Part of the
Northern Road in the Parish of Enfield, in the same
County, next to the Parish of Cheshunt, in the County
of Hertford; and for amending the Road from the
Watch-house in Edmonton, to the Market-place in
Enfield," was committed: "That they had gone
through the said Bill, and directed him to report the
same to the House, without any Amendment."
Then the said Bill was read the Third Time.
And the Question being put, "Whether this Bill
shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by
Mr. John Bennet and Mr. Masham:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Thurnscoe Common, 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 Parish of
Thurnscoe, in the County of York," 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.
Sheppards Shord Highways to repair, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for the
more effectual repairing the Highways between Sheppards Shord and Horsley Upright Gate, leading down
Bagdon Hill, in the County of Wilts, and other ruinous Parts of the Highways thereunto adjacent," 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."
Royal Bank of Scotland versus Old Bank.
Upon reading the Petition of Alexander Hamilton,
Agent for the Governor and Company of The Royal
Bank of Scotland, and Andrew Cochran Merchant, Appellants in a Cause depending in this House, to which
the Bank commonly called The Old Bank of Scotland
are Respondents; praying, "In regard the Petitioner
apprehends, and is advised, that the speedy Determination of the said Cause will be a general Benefit and
Advantage to that Part of the Kingdom, that a short
Day may be appointed, for hearing thereof:"
Whereupon the House was informed, "That there
was something special in the Answer put in to the
said Appeal."
And the said Answer being read:
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, To-morrow Sevennight;
and that the Counsel may in the First Place be heard, as
to the Manner of the Appeal's lying before the House.
Bribery in Elections to prevent, Bill:
The House (according to Order) was adjourned during
Pleasure, and put into a Committee again upon the Bill,
intituled, "An Act for the more effectual preventing
Bribery and Corruption in the Elections of Members
to serve in Parliament."
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 said Bill,
and made several Amendments thereunto; which they
had directed him to report, when the House will please
to receive the same."
Ordered, That the said Report be received on
Friday next.
Paving Street Westminster Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for better paving and cleansing the Streets, in the
City and Liberty of Westminster, and other Places
within the Limits of the Weekly Bills of Mortality,
in the County of Middlesex."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by
Mr. John Bennet and Mr. Masham:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Elsdon Common to enclose, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for dividing and enclosing the Common called Elsdon
Common, in the Parish of Elsdon, in the County of
Northumberland."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Mr. John Bennet and Mr. Masham:
To carry down the said Bill, and desire their Concurrence thereunto.
Bricks and Tiles, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to explain and amend an Act, made in the Twelfth
Year of His late Majesty's Reign, intituled, "An
Act to prevent Abuses in the making of Bricks and
Tiles, and to ascertain the Dimensions thereof; and
to prevent all unlawful Combinations amongst any
Brick-makers or Tile-makers, within Fifteen Miles of
the City of London, in order to advance or enhance
the Price of Bricks or Tiles."
The Question was put, "Whether this Bill, with
the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by
Mr. John Bennet and Mr. Masham:
To acquaint them, that the Lords have agreed to the
said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
vicesimum quartum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 24o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol. |
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux Montrose.
Dux Chandos.
Dux Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Scarsdale.
Comes Plimouth.
Comes Warrington.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Findlater.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Bristol.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Viscount Say & Seale.
Viscount Falmouth. |
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Herbert.
Ds. Gower.
Ds. Bingley.
Ds. Monson.
Ds. Malton. |
PRAYERS.
Moore to take the Surname of Smythe, Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable
James Moore and his Issue Male to take the Surname
of Smythe, according to the Will of William Smythe
Esquire, deceased; and for vesting in Trustees Two
Thousand Three Hundred and Sixteen Pounds, Sixteen Shillings, and Ten Pence, South Sea Annuities,
Part of the Estate of the said William Smythe, to be
sold, for the Purposes therein mentioned," was committed: "That they had considered the said Bill, and
examined the Allegations thereof, and gone through
the same, with some Amendments."
Which, being read Twice by the Clerk, were agreed
to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Chapel of Ease in Leeds, to make a Benefice, Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to make
the Chapel of Ease of The Holy and Undivided Trinity,
in the Town of Leeds, in the County of York, a perpetual Cure and Benefice; and for defraying of some
Expences in finishing the said Chapel yet remaining
unpaid," 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, were agreed
to by the House; and is as follows; (videlicet,)
"Press 15th, Line 27th. Leave out ["Forty"];
and instead thereof, insert ["Ninety"].
Leominster Roads, to repair, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the several Roads therein mentioned, leading
into the Town of Leominster, in the County of Hereford," 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."
Message from H. C. with a Bill; and to return Clayton's Bill; and Cotesworth's Bill.
A Message was brought from the House of Commons,
by Sir Thomas Hales and others:
With a Bill, intituled, "An Act for regulating, wellordering, governing, and improving, the Oyster Fishery
in the River Medway, and Waters thereof, under
the Authority of the Mayor and Citizens of the City
of Rochester, in the County of Kent;" to which they
desire the Concurrence of this House.
A Message was brought from the House of Commons,
by Mr. Bowes and others:
To return the Bill, intituled, "An Act to enable
Henry Chaytor Gentleman to limit a Jointure to a
Wife; and to let Leases for Twenty-one Years, of
his Estate at Crost, in the County of York;" and to
acquaint this House, that they have agreed to the same,
without any Amendment.
A Message was brought from the House of Commons,
by Mr. Bowes and others:
To return the Bill, intituled, "An Act to enable
Robert Cotesworth Esquire to sell Part of an Estate,
held by Lease of the Bishop of Durham, for Discharge
of his Debts;" and to acquaint this House, that they
have agreed to the same, without any Amendment.
Sparrow et al. versus Shaw, in Error.
Counsel (according to Order) were called in, to argue
the Errors assigned upon the Writ of Error, wherein
William Sparrow and others are Plaintiffs, and William
Shaw is Defendant.
And the Plaintiffs Counsel being heard:
They were all directed to withdraw.
And being withdrawn:
It is Ordered, That the further Hearing the Errors
argued in this Case be adjourned till To-morrow, at
Eleven a Clock.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
vicesimum quintum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 25o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Bath & Well.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens. |
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Cardigan.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Cholmondeley.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Graham.
Viscount Say & Seale.
Viscount Townshend.
Viscount Falmouth.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Lynne.
Ds. Herbert.
Ds. Haversham.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Wilmington. |
PRAYERS.
Sparrow et al. versus Shaw, in Error.
This Day being appointed, to hear Counsel further
upon the Writ of Error wherein William Sparrow and
others are Plaintiffs, and William Shaw is Defendant:
And the Defendant's Counsel having been fully heard;
and the Plaintiffs Counsel having replied:
They were directed to withdraw.
And being withdraw:
And the Judges attending (according to Order), and
having conferred with the Lord Chancellor; his Lordship acquainted the House, "That the Judges of the
King's Bench were of the same Opinion they were
when they gave Judgement in this Case; but that
there was a Difference of Opinion in the Judges of
the Common Pleas and Barons of the Exchequer, who
desired Time to confer, in order to be more clear in
their Opinions."
It is Ordered, That the giving Judgement in this
Case be adjourned till Tuesday next; and that the
Judges do then attend, in order to deliver their Opinions.
De La Bere or Ridler's Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Kinard De La Bere Esquire, Committee of the
Estate of Thomas Ridler Esquire, a Lunatic, to sell and
dispose of Part of the Personal Estate of the said Lunatic, for Payment of his Debts," was committed:
"That they had considered the said Bill, and examined
the Allegations thereof, and gone through the same,
with some Amendments."
Which, being read Twice by the Clerk, were agreed
to by the House.
Ordered, That the said Bill, with the Amendments,
be engrossed.
Thurnscoe 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 Parish
of Thurnscoe, in the County of York."
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. Elde and Mr. Masham:
To carry down the said Bill, and desire their Concurrence thereunto.
Moore to take the Surname of Smythe, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to enable James Moore and his Issue Male to take the
Surname of Smythe, according to the Will of William
Smythe Esquire, deceased; and for vesting in Trustees
Two Thousand Three Hundred and Sixteen Pounds,
Sixteen Shillings, and Ten Pence, South Sea Annuities, Part of the Estate of the said William Smythe, to
be sold, for the Purposes therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Mr. Elde and Mr. Masham:
To carry down the said Bill, and desire their Concurrence thereunto.
Wick Rissington, Lands to enclose, Bill:
A Message was brought from the House of Commons,
by Colonel Berkeley and others:
With a Bill, intituled, "An Act for confirming Exchanges and Allotments, Divisions, and Enclosures of
Lands, in the Parish of Wick Rissington, in the County
of Gloucester; and for establishing the Payment of the
Yearly Sums to the Rector and his Successors, in Lieu
of Tithes, pursuant to Agreements between Vincent
Oakely Esquire, deceased, and the other Proprietors
of the said Lands;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Jullian and Panchaud, Nat. Bill.
The Lord Delawarr, pursuant to the Order of the
Nineteenth Instant, presented to the House a Bill, intituled, "An Act for naturalizing John Jullian and Isaac
Panchaud."
And the same was read the First Time.
Oyster Fishery River Medway, Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act
for regulating, well-ordering, governing, and improving, the Oyster Fishery in the River Medway and
Waters thereof, under the Authority of the Mayor
and Citizens of the City of Rochester, in the County of
Kent."
Insolvent Debtors Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act
for the Relief of Insolvent Debtors.
Ordered, That the said Bill be read a Second Time
on Tuesday next; and the Lords to be summoned.
Brown versus Daly and Ld. Athunry.
Whereas this Day was appointed, for hearing the
Cause wherein Issidor Brown is Appellant, and Dennis
Daly and Francis Lord Baron of Athunry are Respondents:
Causes put off.
It is Ordered, That the Hearing the said Cause be
adjourned till Wednesday next; and the other Causes on
Cause-days removed One Day in Course.
Messages from H. C. with Bills.
A Message was brought from the House of Commons,
by Mr. Oglethorpe and others:
With a Bill, intituled, "An Act to disable Thomas
Bambridge Esquire to hold or execute the Office of
Warden of the Prison of The Fleet, or to have or exercise any Authority relating thereto;" to which they
desire the Concurrence of this House.
A Message was brought from the House of Commons,
by Mr. Knight and others:
With a Bill, intituled, "An Act for indemnifying
Persons, who have omitted to qualify themselves for
Offices or Employments within the Time limited by
Law; and for allowing further Time for that Purpose; and for repealing so much of an Act of Parliament, passed in the First Year of His late Majesty
King George the First, as requires Persons to qualify
themselves for Offices or Employments within Three
Months; and for limiting other Times for such Qualifications;" to which they desire the Concurrence of
this House.
Bambridge to disable, Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act
to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet,
or to have or exercise any Authority relating thereto."
Ordered, That the said Bill be read a Second Time
on Wednesday next; and the Lords to be summoned;
and that a Copy thereof be forthwith sent to the said
Thomas Bambridge; and that Notice be given him, when
the said Bill is appointed to be read a Second Time.
Committee to search Precedents concerning Bambridge.
The Lords following were appointed a Committee, to
search Precedents of Proceedings, on Bills of the
like Nature with the Bill to disable Thomas Bambridge Esquire to hold or execute the Office of
Warden of the Prison of The Fleet, or to have or
exercise any Authority relating thereto; and to
report to the House; (videlicet,)
|
Dux Devon, Præses.
Ds. Trevor, C. P. S.
Dux Montrose.
Dux Newcastle.
Dux Bridgewater.
Comes Warwick.
Comes Westmorland.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Oxford.
Comes Strafford.
Comes Graham.
Vis. Townshend.
Vis. Falmouth.
Vis. Torrington. |
Epus. London.
Epus. Norwic.
Epus. Carliol.
Epus. Bristol.
Epus. Cestriens. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Lynne.
Ds. Herbert.
Ds. Haversham.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Wilmington. |
Their Lordships, or any Five of them; to meet
To-morrow, at Ten a Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Duncan versus Ure:
Upon reading the Petition of Alexander Hamilton,
Agent for Charles Duncan, Deacon of the Goldsmiths
in Edinburgh; praying, "That his Appeal, to which
Archibald Ure is Respondent, may be withdrawn,
without Costs; they having submitted all Matters
in Difference betwixt them upon the said Appeal,
to the Determination of an Arbitrator:"
And thereupon the Petitioner and the Respondent's
Agent being called in, and consenting at the Bar;
And being withdrawn:
Appeal dismissed, by Consent.
It is Ordered, That the said Appeal be, and is
hereby, dismissed this House.
Bribery in Elections to prevent, Bill:
The Order for receiving the Report of the Amendments made by the Committee of the whole House to
whom the Bill, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament," was committed, being read:
It is Ordered, That the said Report be received
on Thursday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati,
vicesimum sextum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Sabbati, 26o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Gloucestr.
Epus. Carliol.
Epus. Cestriens. |
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Comes Cardigan.
Comes Warrington.
Comes Loudoun.
Comes Findlater.
Comes Marchmont.
Comes Macclesfield. |
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Herbert.
Ds. Onslow.
Ds. Wilmington. |
PRAYERS.
De La Bere or Ridler's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to enable Kinard De La Bere Esquire, Committee of
the Estate of Thomas Ridler Esquire, a Lunatic, to
sell and dispose of Part of the Personal Estate of the
said Lunatic, for the Payment of his Debts."
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. Tothill and Mr. Allen:
To carry down the said Bill, and desire their Concurrence thereunto.
Chapel of Ease in Leeds to make a Benefice, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to make the Chapel of Ease of The Holy and Undivided
Trinity, in the Town of Leeds, in the County of York,
a perpetual Cure and Benefice; and for defraying of
some Expences in finishing the said Chapel yet remaining unpaid."
The Question was put, "Whether this Bill, with
the Amendment, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with an Amendment to it.
A Message was sent to the House of Commons, by
Mr. Tothill and Mr. Allen:
To acquaint them, that the Lords have agreed to the
said Bill, with One Amendment, whereunto their Lordships desire their Concurrence.
Wilts Highways, to repair, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for the more effectual repairing the Highways between Sheppards Shord and Horsley Upright Gate, leading down Bagdown Hill, in the County of Wilts, and
other ruinous Parts of the Highways thereunto adjacent."
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. Tothill and Mr. Allen:
To acquaint them, that the Lords have agreed to
the said Bill, without any Amendment.
Leominster Roads, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for repairing the several Roads therein mentioned,
leading into the Town of Leominster, in the County of
Hereford."
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. Tothill and Mr. Allen:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Wick Rissington, Lands to enclose, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for confirming Exchanges, Allotments, Divisions, and
Enclosures, of Lands, in the Parish of Wick Rissington,
in the County of Gloucester; and for establishing the
Payment of a Yearly Sum to the Rector and his Successors, in Lieu of Tithes, pursuant to Agreements
between Vincent Oakley Esquire, deceased, and the
other Proprietors of the said Lands."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ds. Trevor, C. P. S.
Comes Cardigan.
Comes Warrington.
Comes Loudoun.
Comes Findlater.
Comes Marchmont.
Comes Macclesfield. |
Epus. London.
Epus. Gloucestr.
Epus. Carliol.
Epus. Cestriens. |
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Herbert.
Ds. Onslow.
Ds. Wilmington. |
Their Lordships, or any Five of them; to meet on
Wednesday next, at Ten of the Clock in the
Forenoon, in the Prince's Lodgings near the
House of Peers; and to adjourn as they please.
Oyster Fishery in River Medway, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for regulating, well-ordering, governing, and improving, the Oyster Fishery in the River Medway
and Waters thereof, under the Authority of the
Mayor and Citizens of the City of Rochester, in the
County of Kent."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees abovenamed:
Their Lordships, or any Five of them; to meet on
Tuesday next, at the same Place; and to adjourn
as they please.
Taking Oaths, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act
for indemnifying Persons who have omitted to qualify themselves for Offices or Employments within the
Time limited by Law, and for allowing further Time
for that Purpose; and for repealing so much of an
Act of Parliament, passed in the First Year of His
late Majesty King George the First, as requires Persons to qualify themselves for Offices or Employments
within Three Months; and for limiting other Times
for such Qualifications."
Ld. Willoughby Broke's Complaint; Committee of Privileges to meet.
Ordered, That the Lords Committees for Privileges, to whom was referred the Matter of the Complaint of a printed Pamphlet, intituled, "Who is the
Impostor discovered; or the Vindication of John Curson,
from the malicious Aspersions in The Daily Post of the
3d Instant;" wherein is contained, as was alledged, Reflections on the Lord Willoughby de Broke; and mentioned to be printed for J. Curson the Author, and
sold at The German Coffee-house, in St. James's Street,
and by the Booksellers of London and Westminster, do
meet, to consider the Matter of the said Complaint, on
Monday Morning next; and that the said John Curson
have Notice thereof; and that he be at Liberty to attend their Lordships.
Report Precedents of Proceedings on Bills of like Nature as Mr. Bambridge's.
The Lord Delawarr reported from the Lords Committees appointed to search Precedents of Proceedings,
on Bills of the like Nature with the Bill to disable
Thomas Bambridge Esquire to hold or execute the
Office of Warden of the Prison of The Fleet, or to
have or exercise any Authority relating thereto, "That
the Committee have inspected Precedents accordingly;
and offer the following Instances to the Consideration
of the House:
"1st March, 1697. A Bill for punishing Charles
Duncomb Esquire, for contriving and advising the
making of false Endorsements of several Bills made
forth at the Receipt of Exchequer, commonly called
Exchequer Bills, was brought from the Commons,
and ordered to be read the First Time the 4th Instant.
"4th March. The Bill was read the 1st Time; and,
upon the Petition of the said Duncomb, he was ordered to be heard, by his Counsel, on the 11th Instant, before the 2d Reading of the said Bill.
"5th March. A Committee was appointed, to prepare what shall be offered at a Conference with the
Commons, to the End that the Ground upon which
that Bill had proceeded in that House might appear
more plainly to the Lords.
"7th March. Report, was made from the said Committee, what was thought proper to be offered to the
Commons, at a Conference; and a Conference was
accordingly had the same Day.
"8th July, 1721. A Bill for raising Money upon the
Estates of the late Directors of the South Sea Company,
Mr. Aislabie, and Mr. Craggs Senior, was brought from
the Commons, and read the First Time, and ordered
to be read a 2d Time the 10th Instant.
"10th July. Petitions of the said Mr. Aislabie, the Administrators of the said Mr. Craggs, and the late Sub
and Deputy Governor of the South Sea Company,
were severally read; praying to be heard, by Counsel,
against the said Bill.
"Then the said Bill was read a Second Time, and
committed to a Committee of the whole House, the
13th Instant.
"11th July. The Petitions were considered; and
'twas Resolved, That a Conference be desired with
the Commons, to the End that the Grounds upon
which the said Bill proceeded in that House, so far
as the same related to the said Aislabie and Craggs,
might appear the more plainly to the Lords. And a
Committee being appointed to prepare what should
be offered at the Conference; Report was made of
what was thought proper to be offered to the Commons accordingly.
"12 July. A Conserence was had with the Commons;
and Report was made, "That the Managers for the
Lords had delivered to the Commons what they were
commanded."
"5th April, 1723. A Bill to inslict Pains and Penalties on John Plunket, was brought from the Commons; read the First Time, and ordered to be read a
Second Time the Twenty-sixth of the same Month;
and that a Copy thereof should be forthwith sent to
the said Plunket, and he should be allowed Pen, Ink,
and Paper; and that it be intimated to him, "That,
upon Application to this House, he might have Counsel and a Solicitor assigned, to assist him in the making
his Defence;" and the said Plunket was ordered to be
brought to their Lordships Bar the said 26th Instant."
Which Report being read by the Clerk:
Conference to be had with H. C. about Bambridge's Bill:
It is Ordered, That a Conference be desired with
the House of Commons, to the End that the Grounds
upon which the Bill proceeded in that House might
appear more plainly to the Lords.
Ordered, That the Committee, appointed Yesterday to search Precedents, do meet immediately, in the
Prince's Lodgings, and prepare what shall be offered to
the Commons at the Conference.
Then the House was adjourned during Pleasure, and
the Committee withdrew.
After some Time, the House was resumed.
Heads for it.
And the Lord Delawarr reported from the said Committee, what they had prepared to be offered to the
Commons, at a Conference, as follows:
"The Lords, having entered upon the Consideration
of the Bill, intituled, "An Act to disable Thomas
Bambridge Esquire to hold or execute the Office of
Warden of the Prison of The Fleet, or to have or
exercise any Authority relating thereto," which they
received from the Commons; and having read the
said Bill the First Time, and ordered it a Second
Reading on Wednesday next; do observe, that the
Matters of Fact suggested in the said Bill, as the
Ground and Foundation upon which it seems to have
proceeded in the House of Commons, not appearing
sufficiently before the Lords, their Lordships have desired this Conference, that they may have the Assistance of the Commons, in laying the State of the said
Matters of Fact more fully before their Lordships."
Which Report, being read by the Clerk, was agreed
to by the House.
Conference appointed and had.
Then a Message was sent to the House of Commons,
by Mr. Tothill and Mr. Allen:
To desire a present Conference with that House, in
the Painted Chamber, upon the Subject-matter of the
Bill, intituled, "An Act to disable Thomas Bambridge
Esquire to hold or execute the Office of Warden of
the Prison of The Fleet, or to have or exercise any
Authority relating thereto."
The Messengers sent to the House of Commons,
return Answer:
That they do agree to a present Conference, as
desired.
Ordered, That the Committee, to whom it was referred to prepare what shall be offered to the Commons
at the Conference, be the Managers of the Conference.
The House being informed, "That the Commons
were ready in the Painted Chamber:"
The Names of the Managers for the Lords were called
over.
Then the House was adjourned during Pleasure;
and the Lords went to the Conference.
Which being ended, the House was resumed.
And the Lord Privy Seal reported, "That they had
met the Managers for the Commons, at the Conference, and delivered to them what they were commanded."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum octavum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 28o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Gestriens. |
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Montrose.
Dux Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Scarsdale.
Comes Warrington.
Comes Rochford.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Sussex.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Falmouth. |
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Carteret.
Ds. Herbert.
Ds. Montjoy.
Ds. Foley.
Ds. Onslow.
Ds. Wilmington.
Ds. Monson. |
PRAYERS.
Bindon versus Ryves.
The Answer of William Ryves Esquire, to the Appeal of David Bindon Merchant, was brought in.
Bambridge to be heard, against the Bill.
Upon reading the Petition of Thomas Bambridge, now
a Prisoner in Newgate; setting forth, "That, by the
Bill for disabling him to hold or execute the Office of
Warden of the Prison of The Fleet, he conceives, if
the same should pass, he shall thereby be greatly
aggrieved;" and praying, "In regard he hath several material Witnesses, some of whom are Prisoners in The Fleet, and others residing at a great
Distance, that he may be heard, by himself and
Counsel, against the said Bill; and that he may have
such Time and Order for producing his Witnesses, as
to this House shall seem meet:"
It is Ordered, That the Second Reading of the
said Bill, which is appointed for Wednesday next, be
adjourned to the Friday following; and that the Petitioner may be heard at the said Second Reading, as desired; and that he may have an Order for producing
such Witnesses as he shall think proper, or be advised.
Report of Committee of Privileges, on L Walloughby de Broke's Complaint.
The Lord Delawarr reported from the Lords Committees for Privileges, to whom was referred the Matter of the Complaint of a printed Pamphlet, intituled,
Who is the Impostor discovered; or the Vindication
John Curson from the malicious Aspersions in The Daily
Post of the 3d of April Instant:" "That the Committee have considered the Matter of the said Complaint, and heard the said John Curson in relation
thereunto; and are of Opinion, that the said John
Curson, for writing and publishing the said Pamphlet,
is Not guilty of a Breach of the Privilege of this
House."
Which Report, being read Twice by the Clerk, was
agreed to by the House.
Jullian and Panchaud's Nat. Bill.
John Jullian and Isaac Panchaud took the Oaths appointed, in order to their Naturalization.
Hodie 2a vice lecta est Billa, intituled "An Act for
naturalizing John Jullian and Isaac Panchaud."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ds. Trevor, C. P. S.
Dux Montrose.
Comes Warwick.
Comes Westmorland.
Comes Warrington.
Comes Rochford.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Sussex.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Falmouth. |
Epus. London.
Epus. Oxon.
Epus. Gloucestr.
Epus. Carliol.
Epus. Bristol.
Epus. Cestriens. |
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Carteret.
Ds. Herbert.
Ds. Montjoy.
Ds. Foley.
Ds. Onslow.
Ds. Wilmington.
Ds. Monson. |
Their Lordships, or any Five of them; to meet
To-morrow, at Ten a Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Taking Oaths, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
indemnifying Persons who have omitted to qualify
themselves for Offices or Employments within the
Time limited by Law, and for allowing further Time
for that Purpose; and for repealing so much of an
Act of Parliament, passed in the First Year of His late
Majesty King George the First, as requires Persons to
qualify themselves for Offices or Employments within
Three Months; and for limiting other Times for such
Qualifications."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Wednesday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis,
vicesimum nonum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Martis, 29o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Dunelm.
Epus. Winton.
Epus. Bath & Well.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Epus. Cestriens.
Epus. Asaphens.
Epus. Bangor. |
Ds. King, Cancellarius.
Dux. Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux St. Albans.
Dux Rutland.
Dux Montrose.
2. Dux Ancaster & Kesteven, Magnus Camerarius Angl.
1. Dux Montagu.
Dux Newcastle.
Dux Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Sussex.
Comes Macclesfield.
Comes Graham.
Viscount Say & Seale.
Viscount Townshend.
Viscount Cobham.
Viscount Falmouth. |
Ds. Abergavenny.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Howard Eff.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Herbert.
Ds. Haversham.
Ds. Hay.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Wilmington.
Ds. Hobart.
Ds. Monson. |
PRAYERS.
Jullian and Panchaud's Nat. Bill:
The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Jullian and Isaac Panchaud," 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."
Ordered, That the said Bill be engrossed.
Oyster Fishery in River Medway, Bill.
The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for regulating, well-ordering, governing, and improving,
the Oyster Fishery in the River Medway, and Waters
thereof, under the Authority of the Mayor and Citizens of the City of Rochester, in the County of Kent,"
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."
Wick Rissington Lands, to enclose, Bill.
Ordered, That the Earl of Warwick, Earl of Ilay,
Earl of Strafford, Viscount Say and Seale, Lord Bathurst,
Lord Bingley, and Lord Ducie, be added to the Lords
Committees to whom the Bill for confirming Exchanges,
Allotments, Divisions, and Enclosures of Lands, in the
Parish of Wick Rissington, in the County of Gloucester,
and other Purposes, stands committed.
Sparrow & al. versus Shaw:
Whereas, by virtue of His Majesty's Writ of Error
returnable into the House of Lords in Parliament assembled, a Record of the Court of King's Bench was
brought into this Court, the Twentieth Day of February
last, with the Transcript thereof; wherein William Sparrow and others are Plaintiffs, and William Shaw, Lessee
of Ravenscroft Gifford Esquire and of David Parry Gentleman, was Defendant; upon which said Writ, Errors
being assigned by the said Plaintiffs, and Issue joined by
the said Defendant; and Counsel having been heard,
as well on Thursday as on Friday last, to argue the said
Errors in this Case; and this Day being appointed for
giving Judgement; and all the Judges attending (according to Order), delivered their Opinion, seriatim, in relation to a Point of Law to them proposed:
And due Consideration and Debate had of what was
offered on either Side in this Case:
Judgement in the King's Bench reversed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
Judgement given in the Court of King's Bench, reversing
a Judgement given in the Court of the Great Sessions in
the County of Flint, be, and is hereby, reversed; and
that the said Judgement of the Court of Great Sessions
be, and is hereby, affirmed.
The Tenor of which Judgement, to be affixed to
the Transcript of the Record to be remitted,
follows:
"Sed quia Curia Parliamenti præd. nunc hic de
Judicio suo de & super Præmiss. reddend. nondum
advisatur, Dies inde dat. est tam præsat. Will'o Sparrow, Josepho Barnett, Will'o Evans, Annæ Millington,
Josepho Pue, Shcdrick Newton, & Carolo Duckworth,
quam præd. Will'o Shaw, coram cadem Cur. Parliamenti apud Westm. usque Diem Martis, Vicesimum
Nonum Diem Aprilis prox. sequent. de Judicio suo
de & super Præmiss. audiend. eo quod Cur. Parliamenti præd. hic inde nondum &c.; ad quem Diem,
coram eadem Curia Parliamenti præd. apud Westm.
præd. assemblat. ven. tam præd. Will'us Sparrow,
Josephus Bornett, Will'us Evans, Shedick Newton, &
Carolus Duckworth, quam præd. Will'us Shaw, per
Attorn. suos, & præd. Anna Millington & Josephus
Pue non ven.; super quo, prædict. Will'us Sparrow,
Josephus Barnett, Will'us Evans, Shedrick Newton, &
Carolus Duckworth, dicunt quod post prædict. Vicesimum Diem Februarii, Anno Regni Domini Regis
nunc Secundo, & ante hune Diem Martis, Vicesimum
Nonum Diem Aprilis, scilicet, Primo Die Martii ult.
præterit. præd. Anna Millington & Josephus Pue
obierunt, & præd. Will'us Shaw hoc non dedic.; super
quo, visis & per Cur. Parliamenti præd. nunc hic
plenius intellectis omnibus & singulis Præmiss. diligenterque examinatis & inspectis tam Record. & Process. præd. ac separal. Judic. præd. super eisdem
reddit. quam præd. Causis & Materiis superius pro
pro Error. assign. maturaque Deliberatione inde habita, videtur eidem Cur. Parliamenti præd. quod in
Record. & Process. præd. ac etiam in Redditione Judic. præd. in Cur. Domini Regis, coram ipso Rege
apud Westm. in Forma præd. reddit. pro Reversatione & Adnullatione Judic. præd. in præd. Cur.
Magn. Session. Com. Flint reddit. ac etiam in Redditione Judic. superinde pro præd. Will'o Shaw, versus
præfat. Will'um Sparrow, Josephum Barnett, Will'um
Evans, Annam Millington, Josephum Pue, Shedrick
Newton, & Carolum Duckworth, manifest. est Errat.:
Ideo cons. est per eandem Cur. Parliamenti præd.
nunc hic, quod præd. Judic. Revocation. in Cur. Domini Regis, coram ipso Rege apud Westm. præd. in
Forma præd. reddit. ac Judic. superinde pro præd.
Will'o Shaw versus præd. Will'um Sparrow, Josephum
Barnett, Will'um Evans, Annam Millington, Josephum
Pue, Shedrick Newton, & Carolum Duckworth, in
Forma præd. reddit. revocentur, adnullentur, &
penitus pro nullo habeantur; & quod præd. Will'us
Sparrow, Josephus Barnett, Will'us Evans, Shedrick
Newton, & Carolus Duckworth, ad omnia quæ Occasione Judic. ill. amiser. restituantur &c.; & ulterius
consideratum est per eandem Cur. Parliamenti præd.
quod Judic. præd. in præd. Cur. Magn. Session.
Com. Flint præd. in Forma præd. reddit. in omnibus affirmetur, ac in omni suo Robore stet & Effectu,
dict. Judic. Revocation. inde in Cur. Domini Regis,
coram ipso Rege, apud Westm. in Forma præd. reddit.
ac in Cur. Parliamenti præd. jam reversat. in aliquo non obstant.; ac superius Record, præd. nec
non Process. præd. Cur. Parliamenti præd. coram
eis in Præmiss. habit. per eandem Curiam Parliamenti præd. coram Domino Rege, ubicunque &c.
remittuntur &c."
Insolvent Debtors Bill.
The Order of the Day, for the Second Reading of
the Bill, intituled, "An Act for the Relief of Insolvent Debtors," and for the Lords to be summoned,
being read:
It is Ordered, That the said Bill be read a Second
Time To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii,
tricesimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 30o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. London.
Epus. Dunelm.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Asaphens. |
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Bridgewater.
Comes Westmorland.
Comes Scarsdale.
Comes Warrington.
Comes Loudoun.
Comes Findlater.
Comes Marchmont.
Comes Strafford.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Townshend. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Craven.
Ds. Carteret.
Ds. Herbert.
Ds. Hay.
2. Ds. Masham.
1. Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
2. Ds. Wilmington.
1. Ds. Onslow.
Ds. Monson. |
PRAYERS.
Message from H. C. with a Bill; and to return the following ones:
A Message was brought from the House of Commons,
by Mr. Bertie and others:
With a Bill, intituled, "An Act for making more
effectual several Acts passed, relating to Watermen,
Wherrymen, and Lightermen, rowing on the River
Thames; and for better ordering and governing such
Watermen, Wherrymen, and Lightermen;" to which
they desire the Concurrence of this House.
Radcliffe's Bill;
A Message was brought from the House of Commons,
by Mr. Copleston and others:
To return the Bill, intituled, "An Act for Sale of
Part of the Estate of Walter Radcliffe Esquire, in the
Counties of Devon and Somerset; and for settling
other Lands, of equal Value, in the said County of
Devon, to the same Uses, in Lieu thereof;" and to
acquaint this House, that they have agreed to the same,
without any Amendment.
Boate's Bill;
A Message was brought from the House of Commons,
by Sir John Rushout and others:
To return the Bill, intituled, "An Act for vesting
all the Lands and Hereditaments in the County of
Tipperary, in the Kingdom of Ireland, late the Estate
of Godsrey Boate Esquire (late One of the Justices of
His Majesty's Court of King's Bench in that Kingdom), deceased, in Trustees, to be sold, for the Payment of the Debts of the said Godfrey Boate; and for
other Purposes;" and to acquaint this House, that
they have agreed to the same, without any Amendment.
Brafferton Vicarage, Exchange for Bishopthorp, Bill.
A Message was brought from the House of Commons,
by Mr. Thompson and others:
To return the Bill, intituled, "An Act for vesting
the Advowson of the Vicarage of Brafferton, in the
County of York, in His Majesty, in Exchange for the
Advowson of the Vicarage of Bishopthorp, in the
same County, thereby vested in the Archbishop of
York;" and to acquaint this House, that they have
agreed to the same, without any Amendment.
Brown versus Daly and L. Athunry, Causes put off.
Whereas this Day was appointed, for hearing the
Cause wherein Issidor Brown is Appellant, and Dennis
Daly Esquire and Francis Lord Baron of Athunry are
Respondents:
It is Ordered, That the Hearing thereof be adjourned till Monday next; and the other Causes on
Cause-days removed in Course.
Insolvent Debtors Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
the Relief of Insolvent Debtors."
Ordered, That the said Bill be committed to
a Committee of the whole House, on Monday next; and
that a Copy thereof be sent to the Judges; and that
some of each Court do then attend.
Conference desired by the Commons, on Bambridge's Bill.
A Message was brought from the House of Commons,
by Sir William Yonge and others:
To desire a Conference with this House, upon the
Subject-matter of the last Conference.
To which the House agreed.
And the Messengers were called in, and told, "That
the Lords do agree to a Conference, as desired; and
appoint it presently, in the Painted Chamber."
Ordered, That the Managers of the last Conference be the Managers of this Conference.
Message from H. C. to return the Bricks and Tiles Bill.
A Message was brought from the House of Commons,
by Mr. Alderman Child and others:
To return the Bill, intituled, "An Act to explain
and amend an Act, made in the Twelfth Year of His
late Majesty's Reign, intituled, An Act to prevent
Abuses in the making of Bricks and Tiles, and to
ascertain the Dimensions thereof; and to prevent all
unlawful Combinations amongst any Brickmakers or
Tilemakers within Fifteen Miles of the City of London, in order to advance or enhance the Price of
Bricks or Tiles;" and to acquaint this House, that
they have agreed to their Lordships Amendments made
thereto.
Jullian and Panchand's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
naturalizing John Jullian and Isaac Panchaud."
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. Masham and Mr. Allen:
To carry down the said Bill, and desire their Concurrence thereunto.
Conference about Bambridge's Bill:
The House being informed, "That the Commons
were ready for the Conference, in the Painted
Chamber:"
The Managers Names were read.
And the House was adjourned during Pleasure; and
the Lords went to the Conference.
Which being ended, the House was resumed.
And the Lord Privy Seal reported, "That they had
met the Managers for the Commons, at the Conference; who had delivered to the Managers for the
Lords a Paper to the Effect following; (videlicet,)
"Your Lordships having, at a Conference, desired
the Assistance of the Commons, in laying more fully
before your Lordships the State of the Matters of
Fact upon which the Bill, intituled, "An Act to
disable Thomas Bambridge Esquire to hold or execute
the Office of Warden of the Prison of The Flect, or
to have or exercise any Authority relating thereto,"
was grounded;
"The Commons have commanded us to lay before
your Lordships:
"An authentic Copy of the Enrolment of the Patent
for the Office of Warden of The Fleet Prison, granted
to Sir Jeremy Whitchcot, Anno 19o Caroli 2di, produced by the said Thomas Bambridge.
"The Patent of the said Office, granted to the said
Thomas Bambridge and Dougall Cuthbert Esquires,
Anno 2do Georgii 2di Regis.
The Articles of Agreement between the said Thomas Bambridge and Dougall Cuthbert, relating to the
said Office, dated the 30th Day of September 1728,
owned by the said Thomas Bambridge.
"The Commons have also commanded us to acquaint
your Lordships, that the said Bill was also grounded
upon Evidence given by
"John Huggins Esquire,
John Bouch,
John Pope,
Thomas Houghton,
Elijah Beavis,
Ambross Burgess,
John Crawford,
Robert Bygrave,
Dougall Cuthbert Esquire,
Richard Bishop,
John Innis,
John Cotton,
John Mackphcadris,
Francis Harbin,
Fitznorris Wood,
David Sinclan:
"Which, in the Opinion of the Commons, did make
out the Allegations in the said Bill."
His Lordship also delivered in, at the Table, the
authentic Copy of the Enrolment of the Patent granted
to Sir Jeremy Whitchcot, the Patent granted to Thomas
Bambridge and Dougall Cuthbert Esquires, and the Articles of Agreement mentioned in the said Paper.
Bambridge's Petition, for Counsel and Solicitors:
A Petition of Thomas Bambridge, Prisoner in Newgate,
was presented to the House, and read; setting forth,
That he hath used his utmost Diligence to prepare
himself for his Defence against the Bill to disable
him to hold the Office of Warden of The Fleet; and,
in order thereto, hath applied for Copies out of the
Books of his own Office; but his Officers decline to
let him have such Copies; and hath likewife desired
the Assistance of several Solicitors, but hath not
been able to prevail upon any of them to come to
him;" and praying, "That the Time for his Defence may be enlarged for a few Days; and that he
may have an Order for Copies of such Parts of the
Books of his Office as he shall think necessary, in
order thereto; and that Mr. Fazakerly and Mr.
Strange may be appointed to be of Counsel for the
Petitioner, and Mr. Jabez Collier and Mr. Francis
Peters his Solicitors, or whom else this House shall
please to approve of:"
It is Ordered, That the Petitioner may have free
Access to the Books mentioned in the said Petition,
and Liberty to take such Copies out of the same as he
shall think fit; and that the said Mr. Fazakerly and
Mr. Strange be assigned for his Counsel, as desired; and
the said Francis Peters his Solicitor.
Witnesses to attend:
Ordered, That the several Persons mentioned in
the Paper delivered by the Commons at the Conference
do attend, or (if Prisoners) be brought to this House,
on Friday Morning next.
Bambridge to be brought.
Ordered, That the Keeper of the Prison of Newgate do bring Thomas Bambridge to this House on Friday
Morning next.
Counsel to be heard for Bambridge's Bill: Attorney General to have Notice.
Ordered, That Counsel be allowed to be heard, for
the Bill to disable Thomas Bambridge Esquire to hold
or execute the Office of Warden of the Prison of The
Fleet, or to have or exercise any Authority relating
thereto; and that His Majesty's Attorney General have
forthwith Notice of this Order, and of the Names of
the several Witnesses summoned for the said Bill.
Blake & al. versus Blake & Ux.:
Upon reading the Petition of Richard Blake Esquire
and Elizabeth his Wife, Respondents to the Appeal of
Robert Blake Esquire and others; praying, "In regard the Petitioners apprehend the said Cause cannot
come on in Course this Session, that a sooner Day
may be appointed, for hearing thereof:"
Hearing brought forward.
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, To-morrow Sevennight.
Taking Oaths, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for indemnifying Persons who have
omitted to qualify themselves for Offices or Employments within the Time limited by Law, and for allowing further Time for that Purpose; and for repealing so much of an Act of Parliament, passed in
the First Year of His late Majesty King George the
First, as requires Persons to qualify themselves for
Offices or Employments within Three Months; and
for limiting other Times for such Qualifications."
And, after some Time spent therein, the House was
resumed.
And the Earl of Findlater reported from the said
Committee, "That they had gone through the said
Bill, and made some Amendments thereunto; which
he was directed to report, when the House will please
to receive the same."
Ordered, That the said Report be received Tomorrow.
Watermen's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for
making more effectual several Acts passed, relating to
Watermen, Wherrymen, and Lightermen, rowing on
the River Thames; and for better ordering and governing such Watermen, Wherrymen, and Lightermen."
Martine's Appeals from the Delegates in Scotland put off.
The Order of the Day being read, for taking into
further Consideration the Appeals of William Martine of
Harwood Esquire; complaining of Decrees of the Court
of Delegates in Scotland:
It is Ordered, That the said Appeals be taken
into further Consideration on Tuesday Sevennight.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, primum diem Maii jam proxim. sequent. hora undecima
Auroræ, Dominis sic decernentibus.
Hitherto examined by us,
Bridgewater.
Portland.
Litchfield.
Abingdon.
Oxford & Mortimer.
N. St. David's.
Romney.