April 1742, 21-30
DIE Martis, 27o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Hereford.
Epus. Cestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestriens.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol.
Epus. Landavens. |
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Devon.
Dux Marlborough.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Lincoln.
Comes Northampton.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Cardigan.
Comes Carlisle.
Comes Ailesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Albemarle.
Comes Jersey.
Comes Grantham.
Comes Cholmondeley.
Comes Sutherland.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Comes Wilmington.
Comes Effingham.
Comes Malton.
Viscount Fauconberg.
Viscount Falmouth. |
Ds. Carteret, Unus Primariorum Secretarioruni.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Clifton.
Ds. Brooke.
Ds. Poulet.
Ds. Strange.
Ds. Cornwallis.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Somerville.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Lovel.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgcumbe. |
PRAYERS.
Chetwynd against Beckford.
The Answer of Thomas Beckford Esquire, to the Appeal of Walter Chetwynd Esquire, was brought in.
Ledbury, &c. Roads, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
enlarging the Term and Powers granted by an Act
passed in the Seventh Year of the Reign of His late
Majesty King George the First, for repairing the several Roads leading from the Town of Ledbury, in
the County of Hereford, to the several Places therein
mentioned; and for making the said Act more effectual."
Ordered, That the said Bill be committed to
the Consideration of the Lords following; (videlicet,)
|
Ld. Steward.
D. Beaufort.
D. Devon.
D. Portland.
D. Manchester.
D. Bridgewater.
M. Lothian.
E. Northampton.
E. Carlisle.
E. Shaftesbury.
E. Litchfield.
E. Cholmondeley.
E. Findlater.
E. Ilay.
E. Harborough.
E. Macclesfield.
E. Malton.
Viscount Fauconberg.
Viscount Falmouth. |
Ld. Bp. Hereford.
L. Bp. Sarum.
L. Bp. St. Davids.
L. Bp. Norwich.
L. Bp. Bristol.
L. Bp. Landaff. |
Ld. Carteret, Sec.
L. Delawarr.
L. Willoughby Par.
L. Brooke.
L. Cornwallis.
L. Haversham.
L. Somerville.
L. Masham.
L. Foley.
L. Bathurst.
L. Monson.
L. Lovell.
L. Fitzwilliam.
L. Edgcumbe. |
Their Lordships, or any Five of them; to meet
on Thursday next, at the usual Time and Place;
and to adjourn as they please.
L. James Cavendish's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
enable James Cavendish Esquire, commonly called
Lord James Cavendish, to take, in Great Britain, the
Oath of Office, as Auditor General of His Majesty's
Revenues in the Kingdom of Ireland, and to qualify
himself for the Enjoyment of the said Office."
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. Sawyer and Mr. Mountague:
To carry down the said Bill, and desire their Concurrence thereunto.
Tuite's Water Engine, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
vesting, for a certain Term therein mentioned, in
John Tuite, his Executors, Administrators, and Assigns, the sole Property of a Water Engine, by him
invented."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on
this Day Sevennight, at the usual Time and
Place; and to adjourn as they please.
Cambridge Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
continuing the Powers granted by Three several Acts
of Parliament; One, for repairing the Road from
Stump Cross to Newmarket Heath and the Town of
Cambridge; another, for repairing the Road from
Foulmire to Cambridge; and the Third, for explaining, amending, and rendering more effectual, the said
Two former Acts; and for enlarging the Terms
granted by the said Two former Acts."
Ordered, That the said Bill be committed to the
same Committee:
Their Lordships, or any Five of them; to meet on
the same Day, at the same Place; and to adjourn as they please.
Bentley's Charity, Bill.
Ordered, That the Committee to whom the Bill,
intituled, "An Act for confirming a Conveyance from
the surviving Trustees of the Charity established by
the Will of John Bentley Esquire, deceased, of the
undivided Sixth Part of Ficket's Field, in the County
of Middlesex, to the surviving Assignees under the
Commission of Bankruptey awarded against William
Hammond, late of Change-Alley, London, Goldsmith
and Banker, deceased," was committed, be revived;
and meet on Thursday next.
Cirencester Road, Bill.
A Message was brought from the House of Commons,
by Mr. Norbonne Berkeley and others:
With a Bill, intituled, "An Act for enlarging the
Term and Powers granted by an Act, passed in the
Thirteenth Year of the Reign of His late Majesty
King George the First, intituled, An Act for repairing the Roads leading from Cirencester Town's End to
Saint John's Bridge, in the County of Gloucester;" to
which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ingoldsby against Napper & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Ingoldsby Esquire is Appellant, and James Lenox Napper
and others are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the First vacant Day
for Causes after those already appointed.
D Cumberland introduced:
His Royal Highness Prince William Augustus, being,
by Letters Patent, dated 27o Die Julii, 12o Geo. 1mi,
created Duke of Cumberland, Marquis of Berkhampstead
in the County of Hertford, Earl of Kennington in the
County of Surrey, Viscount of Trematon in the County
of Cornwal, and Baron of the Isle of Alderney, was, in
his Robes, introduced, between the Lord Steward and
the Lord Chamberlain, also in their Robes; the Gentleman Usher of the Black Rod, Garter King at Arms,
the Deputy Earl Marshal, and the Lord Great Chamberlain of England, preceding.
His Royal Highness, standing, presented his Patent
to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the
Table.
His Writ of Summons was also read, as follows:
His Writ of Summons.
"George the Second, by the Grace of God, of
Great Britain, France, and Ireland, King, Defender
of the Faith, &c. To Our Most Dear Son William
Duke of Cumberland, Greeting Whereas Our Parliament, for arduous and urgent Affairs, concerning
Us, and the State and Defence of Our Kingdom of
Great Britain and of the Church, is now met at Our
City of Westminster; We, strictly enjoining, command
you, under the Faith and Allegiance by which you
are bound to Us, that, considering the Difficulty of
the said Affairs, and Dangers impending, all Excuses
being laid aside, you be personally present, at Our
aforesaid Parliament, with Us, and with the Prelates,
Nobles, and Peers, of Our said Kingdom, to treat of
the aforesaid Affairs, and to give your Advice: And
this you may in no wise omit, as you tender Us and
Our Honour, and the Safety and Defence of the
said Kingdom and Church, and the Dispatch of the
said Affairs.
"Witness Ourself, at Westminster, the Fifteenth
Day of April, in the Fifteenth Year of Our
Reign.
"Bisse."
Which done; his Royal Highness, at the Table, took
the Oaths, and made and subscribed the Declaration,
and also took and subscribed the Oath of Abjuration,
pursuant to the Statutes; and was then placed in the
Chair on the Left Hand of the Chair of State on the
Throne.
L. Fitzwilliam introduced:
Also, William Earl Fitzwilliam of the Kingdom of
Ireland, being, by Letters Patent, dated the 19th of
April, in the 15th Year of the Reign of His present
Majesty, created Lord Fitzwilliam, and Baron of Milton
in the County of Northampton, was, in his Robes, introduced, between the Lord Delawarr and the Lord
Lovell, also in their Robes; the same Persons preceding
as before.
His Lordship presented his Patent, on his Knee, to
the Lord Chancellor, at the Woolsack; who delivered
it to the Clerk; and the same was read, at the Table.
His Writ of Summons was also read, as follows:
His Writ of Summons.
"George the Second, by the Grace of God, of
Great Britain, France, and Ireland, King, Defender
of the Faith, &c. To Our Right Trusty and Wellbeloved William Fitzwilliam, of Milton, in Our County
of Northampton, Chevalier, Greeting. Whereas Our
Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of
Great Britain and of the Church, is now met at Our
City of Westminster; We, strictly enjoining, command
you, under the Faith and Allegiance by which you
are bound to Us, that, considering the Difficulty of
the said Affairs and Dangers impending, all Excuses
being laid aside, you be personally present, at Our
aforesaid Parliament, with Us, and with the Prelates,
Nobles, and Peers, of Our said Kingdom, to treat of
the aforesaid Affairs, and to give your Advice: And
this you may in no wise omit, as you tender Us and
Our Honour, and the Safety and Defence of the said
Kingdom and Church, and the Dispatch of the said
Affairs.
"Witness Ourself, at Westminster, the Twentysixth Day of April, in the Fifteenth Year of
Our Reign.
"Bisse."
Which done; his Lordship, at the Table, took the
Oaths, and made and subscribed the Declaration, and
also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was then placed on the lower
End of the Barons Bench.
L. Edgcumbe introduced:
Likewise, Richard Edgcumbe Esquire, being, by Letters Patent, dated the 20th of April, in the 15th Year
of the Reign of His present Majesty, created Baron
Edgcumbe of Mount Edgcumbe, in the County of Devon,
was, in his Robes, introduced, between the same Lords,
also in their Robes; and preceded as before.
His Lordship presented his Patent, on his Knee, to
the Lord Chancellor, at the Woolsack; who delivered
it to the Clerk; and the same was read, at the Table.
His Writ of Summons was also read, as follows:
His Writ of Summons.
"George the Second, by the Grace of God, of
Great Britain, France, and Ireland, King, Defender
of the Faith, &c. To Our Right Trusty and Wellbeloved Richard Edgcumbe of Mount Edgcumbe, in Our
County of Devon, Chevalier, Greeting: Whereas
Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom
of Great Britain and of the Church, is now met at
Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which
you are bound to Us, that, considering the Difficulty
of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present, at
Our aforesaid Parliament, with Us, and with the
Prelates, Nobles, and Peers, of Our said Kingdom,
to treat of the aforesaid Affairs, and to give your
Advice: And this you may in no wise omit, as you
tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the
Dispatch of the said Affairs.
"Witness Ourself, at Westminster, the Twentysixth Day of April, in the Fifteenth Year of
Our Reign.
"Bisse."
Which done; his Lordship, at the Table, took the
Oaths, and made and subscribed the Declaration, and
also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was then placed on the lowest
End of the Barons Bench.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii,
vicesimum octavum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 28o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Bath & Wells.
Epus. Roffen.
Epus. Hereford.
Epus. Petriburg.
Epus. Sarum.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestriens.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Beaufort.
Dux Marlborough.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Northampton.
Comes Warwick.
Comes Sandwich.
Comes Anglesey.
Comes Carlisle.
Comes Ailesbury.
Comes Litchfield.
Comes Jersey.
Comes Cholmondeley.
Comes Sutherland.
Comes Morton.
Comes Home.
Comes Lauderdale.
Comes Loudoun.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Halifax.
Comes Stanhope.
Comes Harborough.
Comes Graham.
Comes Waldegrave.
Comes Wilmington.
Comes Effingham.
Viscount Fauconberg.
Viscount St. John.
Viscount Falmouth.
Viscount Torrington. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Clifton.
Ds. Brooke.
Ds. Poulet.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Gower.
Ds. Somerville.
Ds. Boyle.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam. |
PRAYERS.
Chetwynd against Chetwynd.
The Answers of William Chetwynd Esquire and William Henry Chetwynd an Infant, to the Appeal of Walter
Chetwynd Esquire, were brought in.
Visc. St. John introduced:
John Lord Viscount Saint John, claiming by virtue of
a special Limitation contained in a Patent granted to
his late Father Henry Lord Viscount Saint John, by His
late Majesty King George the First, was this Day, in his
Robes, introduced, between the Lord Viscount Falmouth
and the Lord Viscount Torrington, also in their Robes;
the Gentleman Usher of the Black Rod, Garter King at
Arms, the Deputy Earl Marshal, and the Lord Great
Chamberlain of England, preceding.
His Lordship presented his Patent, on his Knee, to
the Lord Chancellor, at the Woolsack; who delivered
it to the Clerk; and the same was read, at the Table.
His Writ of Summons was also read, as follows:
His Writ of Summons.
"George the Second, by the Grace of God, of
Great Britain, France, and Ireland, King, Defender
of the Faith, &c. To Our Right Trusty and Wellbeloved Cousin John Viscount St. John, Greeting.
Whereas Our Parliament, for arduous and urgent
Affairs, concerning Us, and the State and Defence of
Our Kingdom of Great Britain and of the Church,
is now met at Our City of Westminster; We, strictly
enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers
impending, all Excuses being laid aside, you be personally present, at Our aforesaid Parliament, with
Us, and with the Prelates, Nobles, and Peers, of Our
said Kingdom, to treat of the aforesaid Affairs, and
to give your Advice: And this you may in no wise
omit, as you tender Us and Our Honour, and the
Safety and Defence of the said Kingdom and Church,
and the Dispatch of the said Affairs.
"Witness Ourself, at Westminster, the Thirteenth
Day of April, in the Fifteenth Year of Our
Reign.
"Bisse."
Then his Lordship came to the Table, and took the
Oaths, and made and subscribed the Declaration, and
also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was then seated in his due
Place.
Cirencester Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
enlarging the Term and Powers granted by an Act,
passed in the Thirteenth Year of the Reign of His
late Majesty King George the First, intituled, An
Act for repairing the Roads leading from Cirencester Town's End to St. John's Bridge, in the County
of Gloucester."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
L. Steward.
D. Beaufort.
D. Montagu.
D. Newcastle.
D. Manchester.
D. Bridgewater.
M. Lothian.
E. Northampton.
E. Warwick.
E. Sandwich.
E. Carlisle.
E. Litchfield.
E. Loudoun.
E. Findlater.
E. Ilay.
E. Stanhope.
E. Harborough.
Viscount Fauconberg.
Viscount Falmouth. |
Ld. Bp. Bath & Wells.
L. Bp. Rochester.
L. Bp. Hereford.
L. Bp. Sarum.
L. Bp. St. Davids.
L. Bp. Chichester.
L. Bp. Landaff. |
Ld. Carteret, Sec.
L. Willoughby Par.
L. Hunsdon.
L. Clifton.
L. Brooke.
L. Poulet.
L. Strange.
L. Ward.
L. Cornwallis.
L. Gower.
L. Somerville.
L. Mansel.
L. Foley.
L. Bathurst.
L. Monson.
L. Raymond.
L. Fitzwilliam. |
Their Lordships, or any Five of them; to meet
on Friday next, at the usual Time and Place;
and to adjourn as they please.
Walcot, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of John Walcot Esquire, for himself and on Behalf of his Two Infant Sons; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for
vesting Part of the Marriage Portion of Mary late
Wife of John Walcot Esquire, and also Part of his
settled Estate, in Trustees, for raising Money, to pay
Debts; and for securing an Equivalent for the same,
for the Benefit of his Heir Male."
Count Leslie and his Sons against Leslie.
After hearing Counsel, in Part, upon the Appeals of
Charles Cajetan Count Leslie and his Sons, to which
James Leslie of Pitcaple is Respondent:
It is Ordered, That the further Hearing of the said
Cause be adjourned till To-morrow; and that the
Counsel be called in at Twelve o'Clock precisely.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 29o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Hereford.
Epus. Sarum.
Epus. Meneven.
Epus. Carliol.
Epus. Norwic.
Epus. Bangor.
Epus. Cicestriens.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
March. Lothian.
Comes Lincoln.
Comes Northampton.
Comes Westmorland.
Comes Winchilsea.
Comes Thanet.
Comes Sandwich.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Jersey.
Comes Sutherland.
Comes Morton.
Comes Home.
Comes Lauderdale.
Comes Loudoun.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Stanhope.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Viscount Hereford.
Viscount St. John.
Viscount Falmouth. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Clifton.
Ds. Poulet.
Ds. Strange.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Gower.
Ds. Conway.
Ds. Somerville.
Ds. Boyle.
Ds. Foley.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam. |
PRAYERS.
Donovan against Sherriff, & è contra.
The Answer of Samuel Sherriff Gentleman, to the
Appeal of Jeremiah Donovan Esquire;
Also, the Answer of the said Jeremiah Donovan, to
the Appeal of the said Sherriff;
Were brought in:
Badham against Odell & al.
As was also, the Answer of Thomas Odell Esquire and
his Guardian, to the Appeal of Bettridge Badham
Esquire.
Walcot's Bill;
Hodie 2a vice lecta est Billa, intituled, "An Act for
vesting Part of the Marriage Portion of Mary late
Wife of John Walcot Esquire, and also Part of his
settled Estate, in Trustees, for raising Money, to pay
Debts; and for securing an Equivalent for the same,
for the Benefit of his Heir Male."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
D. Beaufort.
D. Portland.
D. Manchester.
D. Bridgewater.
M. Lothian.
E. Northampton.
E. Winchilsea.
E. Sandwich.
E. Shaftesbury.
E. Litchfield.
E. Sutherland.
E. Loudoun.
E. Findlater.
E. Ilay.
E. Stanhope.
E. Harborough.
E. Malton.
Viscount Hereford.
Viscount Falmouth. |
Ld. Bp. Hereford.
L. Bp. Sarum.
L. Bp. Norwich.
L. Bp. Chichester.
L. Bp. Landaff. |
L. Carteret, Sec.
L. Willoughby Par.
L. Clifton.
L. Poulet.
L. Ward.
L. Gower.
L. Conway.
L. Somerville.
L. Foley.
L. Romney.
L. Raymond.
L. Ilchester.
L. Fitzwilliam. |
Their Lordships, or any Five of them; to meet on
Friday the 14th Day of May next, at the
usual Time and Place; and to adjourn as they
please.
Motion to dispense with Standing Order.
The House being moved, "That the Standing Order
relating to the Time of Commitment of Private Bills
may be so far dispensed with, as that the Committee
on the aforesaid Bill may meet on a sooner Day, in
regard the Session of Parliament is far advanced:"
It is Ordered, That the said Motion be taken into
Consideration To-morrow; and the Lords to be summoned.
Knightley's Bill.
The Earl of Sandwich reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale
of certain Estates of Valentine Knightley Esquire, in
the County of Northampton; and for settling another
Estate, in the same County, to the same Uses, in Lieu
thereof," was committed: "That they had considered the said Bill, and examined the Allegations
thereof, which they found to be true; that the
Parties concerned had given their Consents; and
that the Committee had gone through the Bill, and
directed him to report the same to the House, without
any Amendment."
Ordered, That the said Bill be engrossed.
Buck's Bill.
The Duke of Beaufort made the like Report from
the Lords Committees to whom the Bill, intituled, "An
Act for confirming certain Estates, in the County of
Hertford, heretofore mortgaged by Sir Charles Buck
Baronet, deceased, to the Trustees of Fulke Greville
Esquire, during his Minority, to him and his said
Trustees, discharged from the Equity of Redemption
which the Infant Son and Heir of the said Sir Charles
Buck now hath therein, and in full Satisfaction for
Principal and Interest due thereon, and for other
Purposes therein mentioned," was committed.
And the like Order was made.
Bentley's Charity, Bill.
The Earl of Findlater made the like Report from the
Lords Committees to whom the Bill, intituled, "An Act
for confirming a Conveyance from the surviving
Trustees of the Charity established by the Will of
John Bentley Esquire, deceased, of the undivided
Sixth Part of Ficketts Field, in the County of Middlesex, to the surviving Assignees under the Commission
of Bankruptey awarded against William Hammond,
late of Change-Alley, London, Goldsmith and Banker,
deceased," was committed.
And the same Order was made.
Harvey's Bill.
The same Earl reported from the Lords Committees
to whom the Bill, intituled, "An Act for vesting the
settled Estate of Michael Harvey Esquire, in the County of Leicester, in Trustees, to be sold; and for applying the Money arising by such Sale for discharging
the Encumbrances affecting his Estate in the County
of Surrey; and for settling that Estate in Lieu of the
Leicestershire Estate, and to the same Uses," was
committed: "That they had considered the said Bill, and
examined the Allegations thereof, which they found
to be true; that the Parties concerned had given
their Consents; and that the Committee had gone
through the Bill, 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.
Ledbury, &c. Roads, Bill.
The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act,
passed in the Seventh Year of the Reign of His late
Majesty King George the First, for repairing the several Roads leading from the Town of Ledbury, in
the County of Hereford, to the several Places therein mentioned, and for making the said Act more effectual," was committed: "That they had considered the said Bill, and examined the Allegations
thereof, which they found to be true; and that the
Committee had gone through the Bill, and directed
him to report the same to the House, without any
Amendment."
Sir R. Warw. Bamfylde's Petition referred to Judges.
Upon reading the Petition of Sir Richard Warwick
Bampfylde, of Poltimore, in the County of Devon, Baronet, a Minor of about the Age of Twenty Years;
praying Leave to bring in a Bill, to enable him to make
such Settlement, on his Inter-marriage with Jane only
Daughter of John Codrington, of Wraxhall, in the County
of Somerset, Esquire, as shall be thought proper:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of Common Pleas and Mr. Justice
Burnett; with the usual Directions, according to the
Standing Order.
Sherriff against Dorovan; & è contra.
The House being moved, "That a Day may be
appointed, for hearing the Cause wherein Samuel
Sherriff Gentleman is Appellant, and Jeremiah Donovan Esquire Respondent; & è contra:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the First vacant Day
for Causes after those already appointed.
Count Leslie against Leslie:
After hearing Counsel, as well Yesterday as this Day,
upon the Appeal of Charles Cajetan Count Leslie; complaining of an Interlocutor of the Lords of Session in
Scotland, of the 20th of February 1740/1; and also upon
the several Appeals of Leopoldus Count Leslie, Eldest
Son of the said Charles Cajetan Count Leslie, and of
Antonius Count Leslie his Second Son; complaining of
the said Interlocutor of the 20th of February 1740/1;
and also of a subsequent Interlocutor of the 27th of the
same Month, whereby the said Lords of Session adhered
to their said former Interlocutor; and praying, respectively, "That the same might be reversed; and that
the Appellants might have such Relief as to this
House in their great Wisdom should seem meet:" As
also upon the respective Answers put in to the said Appeals; and due Consideration had of what was offered
upon the said Appeals and Answers:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Appeals of Charles Cajetan Count Leslie and Leopoldus Count Leslie be, and the same are hereby, dismissed: And upon the said Appeal of Antonius Count
Leslie, it is Ordered and Adjudged, That the said
Interlocutor of the 27th of February 1740/1 be, and the
same is hereby, reversed; and that, at the latter End
of the Recital in the said Interlocutor of the 20th of
February 1740/1, after the Words ["from the said"], the
following Words ["Heir Male who shall succeed to
both Estates, and his Heirs Male"] be left out, and
these Words ["Heirs Male who shall succeed to both
the said Estates, and his Heir Male"] be inserted instead thereof; and that, after the Words ["that he
and"], the following Words ["the Heirs Male of
his Body"] be left out, and these Words ["his
Eldest Son, as his Heir Male"] be inserted instead
thereof: And it is further Ordered and Adjudged,
That so much of the said Interlocutor of the 20th of
February 1740/1, whereby the Lords of Session found,
That Charles Count Leslie, and the Heirs Male of his
Body, being thus excluded from the Estate of Balquhain, in the Event that hath happened of his succeeding to both Estates, the Respondent James Leslie
of Pitcaple is the next Heir of Talzie to whom the
Estate of Balquhain now devolves; and that Charles
Count Leslie is obliged to denude in his Favours;
and that Leopoldus and Antonius Leslies being, by the
Substitution in the Entail, called to the Succession in
their Order only, as Heirs Male of the Body of the
said Count Charles, they are, in like Manner, as Heirs
Male of his Body, excluded from the Succession to
the Estate of Balquhain, in the Event that hath now
happened, of their Father's succeeding to both Estates;
and that therefore Count Charles, their Father, cannot denude in their Favours, but ought to denude in Favours of the said James Leslie the next
Heir; and therefore they decerned the said Charles
Count Leslie to denude himself of the Estate of
Balquhain, in Favours of the said James Leslie of Pitcaple; and declared the same redeemable, by the said
James Leslie of Pitcaple, from the said Charles Count
Leslie and the Heirs Male of his Body, for Payment of
the Sum of Ten Merks Scots Money, in Terms of the
said Entail;" be, and the same is hereby, reversed:
And it is hereby Declared, That the Appellant Antonius Count Leslie, Second Son of the said Charles
Cajetan Count Leslie, is the next Heir of Talzie to
whom the said Estate of Balquhain, in the Event which
hath happened; devolves, according to the true Intent
and Meaning of the Deed of Entail in the said Appeals
mentioned: And it is therefore further Ordered and
Adjudged, That the said Charles Cajetan Count Leslie
do denude himself of the Estate of Balquhain, in Favours
of the said Antonius Count Leslie: And it is hereby Declared, That the same be redeemable, by the said Count
Antonius, from the said Charles Cajetan Count Leslie
and his Eldest Son, as his Heir Male, for Payment of
the Sum of Ten Merks Scots Money, in Terms of the
said Entail: And it is further Ordered, That the
Residue of the said Interlocutor of the 20th of February
1740/1, not before reversed or varied, be, and the same
is hereby, affirmed; and that the said Lords of Session
do give the necessary Directions for carrying this Judgement into Execution.
Governor of the York Buildings Company peremptorily to answer.
The House was informed, "That the Governor of
the York Buildings Company had not put in his Answer to the Appeal of Thomas Duke of Norfolk and
others, though duly served with the Order of this
House for that Purpose:"
And thereupon an Affidavit, of George Ross of Jermyn Street Gentleman, of the due Service of the said
Order on Thomas Pembroke Esquire, Governor of the said
Company, being read:
Ordered, That the said Governor do peremptorily put in his Answer to the said Appeal in a
Week.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, tricesimum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Veneris, 30o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Roffen.
Epus. Hereford.
Epus. Cestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Dux Richmond.
Dux Leeds.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Thanet.
Comes Sandwich.
Comes Aylesbury.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Rochford.
Comes Cholmondeley.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Aylesford.
Comes Halifax.
Comes Stanhope.
Comes Harborough.
Viscount Hereford.
Viscount St. John.
Viscount Falmouth. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Berkeley.
Ds. Gower.
Ds. Somerville.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Edgcumbe.
Ds. Fitzwilliam. |
PRAYERS.
Cirencester Road, Bill.
The Lord Bathurst reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act
passed in the Thirteenth Year of the Reign of His
late Majesty King George the First, intituled, An Act
for repairing the Roads leading from Cirencester
Town's End to St. John's Bridge, in the County of
Gloucester," was committed: "That they had considered the said Bill, and examined the Allegations
thereof, which they found to be true; and that the
Committee had gone through the Bill, and directed
him to report the same to the House, without any
Amendment."
Harvey's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
vesting the settled Estate of Michael Hervey Esquire,
in the County of Leicester, in Trustees, to be sold;
and for applying the Money arising by such Sale for
discharging the Encumbrances affecting his Estate
in the County of Surrey; and for settling that Estate
in Lieu of the Leicestershire Estate, and to the same
Uses."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Bentley's Charity, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
confirming a Conveyance from the surviving Trustees of the Charity established by the Will of John
Bentley Esquire, deceased, of the undivided Sixth
Part of Ficketts Field, in the County of Middlesex,
to the surviving Assignees under the Commission of
Bankruptcy awarded against William Hammond, late
of Change-Alley, London, Goldsmith and Banker, deceased."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Buck's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
confirming certain Estates, in the County of Hertford,
heretofore mortgaged by Sir Charles Buck Baronet,
deceased, to the Trustees of Fulke Greville Esquire,
during his Minority, to him and his said Trustees,
discharged from the Equity of Redemption which the
Infant Son and Heir of the said Sir Charles Buck now
hath therein, and in full Satisfaction for Principal
and Interest due thereon; and for other Purposes
therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Knightley's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
Sale of certain Estates of Valentine Knightley Esquire,
in the County of Northampton; and for settling another Estate, in the same County, to the same Uses,
in Lieu thereof."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Messages to H. C. with the Four preceding Bills.
A Message was sent to the House of Commons, by
Mr. Sawyer and Mr. Mountague:
To carry down the said Bills; and desire their Concurrence to them.
Sir J. Brooke's Bill.
The Earl of Shaftesbury reported from the Lords
Committees to whom the Bill, intituled, "An Act to
prevent Sir Job Brooke Baronet, a Lunatick, from
aliening or encumbering his Estate, or marrying during his Lunacy," was committed: "That they had
considered the said Bill, and examined the Allegations
thereof, which they found to be true; that the
Parties concerned had given their Consents; and that
the Committee had gone through the Bill, and directed him to report the same to the House, without
any Amendment."
Ordered, That the said Bill be engrossed.
Walcot's Bill: Committee shortened.
The Order of the Day being read, for taking into
Consideration the Motion made Yesterday, for dispensing
with the Standing Order of this House, relating to the
Time of Commitment of Private Bills, so far as that
the Committee to whom the Bill, intituled, "An Act
for vesting Part of the Marriage Portion of Mary late
Wife of John Walcot Esquire, and also Part of his
settled Estate, in Trustees, for raising Money, to pay
Debts; and for securing an Equivalent for the same,
for the Benefit of his Heir Male," stands committed,
may meet on a sooner Day than was at first appointed:
And Consideration having been had thereof accordingly:
Ordered, That the said Standing Order be so far
dispensed with, in this Case, as that the said Committee
may meet, to consider of the said Bill, on Monday
next.
Maxwell peremptorily to answer Edgar's Appeal.
The House was informed, "That James Maxwell
hath not put in his Answer to the Appeal of Theodore
Edgar, though duly served with the Order of this
House for that Purpose."
And thereupon an Affidavit, made by Alexander Gray
Writer in Edinburgh, of the due Service of the said
Order, being read:
Ordered, That the said James Maxwel do peremptorily put in his Answer to the said Appeal in a
Week.
Anderson against Lauder.
After hearing Counsel, in Part, upon the Petition and Appeal of George Anderson Merchant, to
which Charles Lauder Writer in Edinburgh is Respondent:
It is Ordered, That the further Hearing of the
said Cause be adjourned till Monday next; and the other
Causes removed on Cause-days in Course.
Roll of Standing Orders, Reading put off.
Ordered, That the Reading of the Roll of Standing Orders, which was appointed for Monday next,
be put off to the next Day; and the Lords to be summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, tertium diem Maii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.