House of Lords Journal Volume 26
April 1744, 11-20

Sponsor

History of Parliament Trust

Publication

Year published

1767-1830

Pages

365-372

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'House of Lords Journal Volume 26: April 1744, 11-20', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 365-372. URL: http://british-history.ac.uk/report.aspx?compid=114194 Date accessed: 25 July 2014.


Highlight

(Min 3 characters)

April 1744, 11-20

DIE Mercurii, 11o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Exon.
Epus. Glocestr.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Comes Warrington.
Comes Harborough.
Ds. Walpole.
Ds. Sandys.

PRAYERS.

In order to solemnize this Day; being appointed, by His Majesty's Royal Proclamation, to be observed as a General Fast;

Adjourn.

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

DIE Jovis, 12o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffen.
Epus. Sarum.
Epus. Exon.
Epus. Wigorn.
Epus. Bristol.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Comes Cholmondeley, C. P. S.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Thanet.
Comes Aylesbury.
Comes Litchfield.
Comes Holderness.
Comes Warrington.
Comes Poulet.
Comes Morton.
Comes Home.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Comes Offord.
Comes Bath.
Viscount Hereford.
Viscount St. John.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Dudley.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Cunningham against Cunningham.

The Answer of Mary Cunningham, alias Gayner, to the Appeal of Elizabeth Cunningham, was brought in.

River Dee, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for explaining and amending an Act passed in the Sixth Year of His present Majesty's Reign, intituled, "An Act to recover and preserve the Navigation of the River Dee, in the County Palatine of Chester;" and another Act, passed in the Fourteenth Year of His present Majesty's Reign, intituled, "An Act for incorporating the Undertakers of the Navigation of the River Dee;" and for repealing the Tonnage-Rates payable to the said Undertakers, and for granting to them other Tonnage or Keelage Rates in Lieu thereof; and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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."

Moore's Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act to enable William Moore Esquire to sell an Estate purchased under the Will of William Smythe Esquire; and to lay out the Money thereby arising, with other Money therein mentioned, in the Purchase of another Estate, to be settled to the Uses of the said Will."

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

Ld. President.
Ld. Chamberlain.
D. Beaufort.
D. Argyll.
D. Portland.
D. Bridgewater.
M. Tweeddale.
E. Pembroke.
E. Lincoln.
E. Northampton.
E. Warwick.
E. Westmorland.
E. Thanet.
E. Ailesbury.
E. Litchfield.
E. Poulet.
E. Loudoun.
E. Oxford.
E. Strafford.
E. Harborough.
E. Graham.
E. Offord.
E. Bath.
V. Hereford.
V. St. John.
L. B. Rochester.
L. B. Sarum.
L. B. Exon.
L. B. Worcester.
L. B. Bath & Wells.
L. B. Bangor.
L. B. St. Asaph.
L. B. St. Davids.
Ld. Abergavenny.
L. Delawarr.
L. Willoughby Par.
L. Strange.
L. Ward.
L. Cornwallis.
L. Haversham.
L. Gower.
L. Conway.
L. Hervey.
L. Somerville.
L. Foley.
L. Bathurst.
L. Onslow.
L. Ducie.
L. Walpole.
L. Monson.
L. Montfort.
L. Ilchester.
L. Fitzwilliam.
L. Edgecumbe.
L. Sandys.

Their Lordships, or any Five of them; to meet on Thursday the 26th Instant, at the usual Time and Place; and to adjourn as they please.

Motion to shorten the Time of Meeting of the Committee.

The House was moved, "That the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, may be so far dispensed with, as that the said Committee may meet on an earlier Day than now appointed, in regard the Session is far advanced."

Ordered, That the said Motion be taken into Consideration To-morrow; and the Lords to be summoned.

Thanks to the Bp. of St. Asaph, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of St. Asaph, for the Sermon by him preached before this House Yesterday, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be printed and published.

Le Neve & al. against Norris & al.

After hearing Counsel in Part, in the Cause wherein Isabella Le Neve Spinster and others are Appellants, and John Norris an Infant and others Respondents:

It is Ordered, That the further Hearing of this Cause be adjourned till To-morrow; and that the Cause wherein Sir Richard Mead is Appellant and Daniel Webb Respondent, appointed to be heard that Day, be put off to Wednesday next; and all the subsequent Causes removed in Course.

Adjourn.

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

DIE Veneris, 13o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Ebor.
Epus. Roffen.
Epus. Exon.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Comes Cholmondeley, C. P. S.
Dux Grafton, Camerarius.
Dux Leeds.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Aylesbury.
Comes Litchfield.
Comes Coventry.
Comes Poulet.
Comes Morton.
Comes Home.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Offord.
Viscount Hereford.
Viscount Lonsdale.
Viscount St. John.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Strange.
Ds. Cornwallis.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

River Dee, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for explaining and amending an Act, passed in the Sixth Year of His present Majesty's Reign, intituled, "An Act to recover and preserve the Navigation of the River Dee, in the County Palatine of Chester;" and another Act, passed in the Fourteenth Year of His present Majesty's Reign, intituled, "An Act for incorporating the Undertakers of the Navigation of the River Dee;" and for repealing the TonnageRates payable to the said Undertakers, and for granting to them other Tonnage or Keelage Rates in Lieu thereof; and for other Purposes therein mentioned."

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. Spicer and Mr. Edwards:

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

Moore's Bill.

The Order of the Day being read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, so far as that the Committee to whom the Bill, intituled, "An Act to enable William Moore Esquire to sell an Estate, purchased under the Will of William Smythe Esquire; and to lay out the Money thereby arising, with other Money therein mentioned, in the Purchase of another Estate, to be settled to the Uses of the said Will," stands committed, may meet on an earlier Day than was at first appointed, in regard the Session is far advanced:

And Consideration being 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.

Ordered, That the Earl of Sandwich, Earl of Effingham, Lord Viscount Say & Seale, and Lord North, be added to the said Committee.

Le Neve & al. against Norris & al.

After hearing Counsel further, in the Cause wherein Isabella Le Neve Spinster and others are Appellants, and John Norris an Infant and others Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next; and the Counsel to be called in at One o'Clock precisely.

Martin against Strachan & al.: Writ of Error.

Ordered, That the hearing the Judges deliver their Opinions on a Point of Law, and giving Judgement, in the Cause upon a Writ of Error, wherein John Martin, upon the Demise of Thomas Tregonwell Esquire, is Plaintiff, and John Strachan the Younger Esquire and Luke Harrison, are Defendants, appointed for that Day, be put off to Tuesday next.

Adjourn.

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

DIE Lunæ, 16o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Ebor.
Epus. Roffen.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Comes Cholmondeley, C. P. S.
Dux Leeds.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Carlisle.
Comes Aylesbury.
Comes Litchfield.
Comes Coventry.
Comes Poulet.
Comes Morton.
Comes Home.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Fitzwalter.
Comes Effingham.
Comes Offord.
Viscount Hereford.
Viscount Fauconberg.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Moore's Bill.

The Earl Graham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable William Moore Esquire to sell an Estate, purchased under the Will of William Smythe Esquire; and to lay out the Money thereby arising, with other Money therein mentioned, in the Purchase of another Estate, to be settled to the Uses of the said Will," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents; and that the Committee had gone (fn. 1) 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.

Le Neve & al. against Norris et al.:

After hearing Counsel, as well on Thursday and Friday last as this Day, upon the Petition and Appeal of Isabella Le Neve Spinster, Edward Le Neve Esquire, Peter Le Neve Gentleman his Son and Heir, by Henrietta Le Neve his late Wife, deceased, Matthew Grave Gentleman and Anne his Wife, late Anne Rogers, the Daughter and Heir of Anne Rogers deceased, formerly Anne Le Neve, late Wife of John Rogers also deceased; which said Isabella Le Neve, Henrietta Le Neve, and Anne Rogers, were the Daughters and Coheirs of Oliver Neve, otherwise Le Neve, of Great Witchingham, in the County of Norfolk, Esquire, deceased; complaining of an Order of the Court of Chancery, of the 8th of February 1743, whereby their Petition to the said Court, for Liberty to exhibit a Supplemental Bill, in the Nature of a Bill of Review, was dismissed; which said Appeal prayed, "That the Appellants might be at Liberty to exhibit their Supplemental Bill, in the Nature of a Bill of Review; and that all Proceedings upon the Order on Hearing of the 17th of July 1742 might be stayed, and that the Appellants might have the Cause re-heard:" As also upon the Answer of John Norris an Infant, by John Carthew his next Friend, the said John Carthew, John Monck, and Ann Norris, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Order, therein complained of be, and the same is hereby, affirmed.

Adjourn.

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

DIE Martis, 17o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Sarum.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Richmond.
Dux Leeds.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Thanet.
Comes Sandwich.
Comes Aylesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Coventry.
Comes Poulet.
Comes Morton.
Comes Oxford.
Comes Strafford.
Comes Halifax.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Viscount Fauconberg.
Viscount Lonsdale.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Gower.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Walpole.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Moore's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable William Moore Esquire to sell an Estate purchased under the Will of William Smythe Esquire; and to lay out the Money thereby arising, with other Money therein mentioned, in the Purchase of another Estate, to be settled to the Uses of the said Will."

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. Allen and Mr. Spicer:

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

Martin against Strachan et al. in Error:

The Order being read, for the Judges to deliver their Opinions on the Question proposed to them the 9th Instant, upon hearing the Cause upon a Writ of Error, wherein John Martin, on the Demise of Thomas Tregonwell Esquire, is Plaintiff, and John Strachan the Younger Esquire and Luke Harrison are Defendants:

The Lord Chief Justice of the Common Pleas acquainted the House, "That the Judges had considered the said Question; and, though they all agreed in Opinion, yet, as this Case was of great Consequence, it was apprehended, their Lordships might expect the Judges should give their Reasons, as well as their Opinion."

And accordingly the said Lord Chief Justice delivered their Reasons at large; and concluded with their Opinion, "That the Estate in Question, upon the Death of Jacob Banks, did not descend to his Heirs on the Part of the Mother."

Whereupon the following Order and Judgement was made:

Judgement affirmed.

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 House, the 24th of January last, wherein John Martin, on the Demise of Thomas Tregonwell Esquire, is Plaintiff, and John Strachan the Younger Esquire and Luke Harrison are Defendants; and Counsel having been heard, as well on the 23d and 24th of February last, as on the 9th Instant, to argue the Errors assigned upon the said Writ of Error; and the unanimous Opinion of the Judges having been delivered, upon the Point of Law to them proposed; and due Consideration had of what was offered on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the said Court of King's Bench be, and the same is hereby, affirmed; and that the Record be remitted: And it is hereby further Ordered, That the Plaintiff in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Ten Pounds, for their Costs in this House."

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, is as follows:

"At which Day, before the same Court of Parliament at Westminster, in the County of Midd'x aforesaid, came the Parties aforesaid, in their proper Persons: Whereupon, all and singular the Premises being seen and by the said Court of Parliament now here fully understood, and having diligently examined and inspected as well the Record and Process aforesaid, and the Judgement thereupon had, as the Causes and Matters aforesaid by the said John Martin above assigned for Error, and mature Deliberation being thereupon had; it appears to the same Court of Parliament now here, that neither in the Record and Process aforesaid, nor in the giving of the Judgement aforesaid, is there any Error; and that the same is in no wise vitious or defective: Therefore it is considered by the same Court of Parliament aforesaid, that the Judgement aforesaid be in all Things affirmed, and stand in its full Force and Effect; the said Causes and Matters by the said John Martin above assigned for Error in any wise notwithstanding: It is also further considered by the same Court of Parliament aforesaid now here, that the said John Strachan the Younger and Luke Harrison recover against the aforesaid John Martin Ten Pounds, to the same John Strachan the Younger and Luke Harrison, with their Assent, by the same Court of Parliament aforesaid, according to the Form of the Statute in that Case made and provided, adjudged for their Damages, Costs, and Charges, which they have sustained by Occasion of the Delay of Execution of the Judgement aforesaid, by Pretext of prosecuting the said Writ of Error; and thereupon the Record aforesaid, and also the Process in the Premises in the same Court of Parliament had by the same Court of Parliament, are remitted to the Court of our Lord the King, before the King Himself, wheresoever &c. to the End that Execution may be done thereupon."

Against corresponding with the Pretender's Sons, Bill.

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

With a Bill, intituled, "An Act to make it High Treason to hold Correspondence with the Sons of the Pretender to His Majesty's Crown;" to which they desire the Concurrence of this House.

Westminster Bridge, Bill.

A Message was brought from the House of Commons by the Lord Percival and others:

With a Bill, intituled, "An Act to explain and make more effectual several Acts of Parliament, passed in the Reign of His present Majesty, for building a Bridge cross the River Thames, from the City of Westminster, to the opposite Shore in the County of Surrey; and for the better enabling the Commissioners for building the said Bridge to finish the same, and to perform the other Trusts reposed in them; as also for granting further Time for exchanging the Tickets unclaimed in the last Lottery for the said Bridge, and to make Provision for Tickets in the said Lottery lost, burnt, or otherwise destroyed;" to which they desire the Concurrence of this House.

The said Bills were read the First Time.

Ordered, That the last mentioned Bill be printed.

Brewers Casks, &c. Bill.

The Order being read, for the House to be put into a Committee on the Bill, intituled, "An Act for preventing Draymen, Brewers Servants, and others, from selling, pawning, and making away with, Barrels, Casks, Buts, and other Vessels, entrusted with them respectively, without the Consent of the Owners and Proprietors thereof."

Ordered, That the House be put into a Committee, to consider further of the said Bill, on this Day Sevennight; and that a Copy thereof be sent to the Judges; and that they do attend the said Committee.

Poor's Bill.

The last Order of the Day being read, for the House to be put into a Committee on the Bill, intituled, "An Act for remedying some Defects in the Act made in the Forty-third Year of the Reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor:"

Ordered, That the House be put into a Committee thereupon, on Thursday next.

Message from H. C. to return Boetefeur's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Bernhard Joachim Boetefeur;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Adjourn.

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

DIE Mercurii, 18o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffens.
Epus. Wigorn.
Epus. Glocestriens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Leeds.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Westmorland.
Comes Thanet.
Comes Coventry.
Comes Morton.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Lonsdale.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Strange.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Conway.
Ds. Hervey.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Sir R. Mead against Webb.

After hearing Counsel in Part, in the Cause upon the Petition and Appeal of Sir Richard Mead Baronet; complaining of a Decree of the Court of Exchequer in Ireland, of the 5th of July last, to which Daniel Webb Esquire is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Adjourn.

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

DIE Jovis, 19o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Menevens. Ds. Hardwicke, Cancellarius.
Comes Cholmondeley, C. P. S.
Dux Leeds.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Carlisle.
Comes Aylesbury.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Oxford.
Comes Harborough.
Comes Pomfret.
Comes Fitzwalter.
Comes Malton.
Viscount Say & Seale.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Maynard.
Ds. Ward.
Ds. Cornwallis.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Lovel.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Fownes & Ux. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Fownes Esquire and Meliora his Wife; 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 the settled Estate of Thomas Fownes Esquire in Trustees, to be sold, together with his Fee-simple Estate, for the Payment of the Debts of his Father and himself; and for laying out the Surplus Money in the Purchase of another Estate, to be settled to the Uses of his Marriage Settlement."

Messages from H. C. with a Bill; and to return Downes's Bill;

A Message was brought from the House of Commons, by Sir Robert Long and others:

To return the Bill, intituled, "An Act for vesting the Estate late of George Downes Esquire, deceased, in the County of Wilts, in Edward Gale Gentleman and his Heirs, in Trust, to convey the same to Robert Neale Esquire and his Heirs (pursuant to Articles of Agreement made for Sale thereof), towards Payment of the Encumbrances charged thereon; and for other Purposes therein mentioned;" 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. Winford and others:

With a Bill, intituled, "An Act for naturalizing Stephen Naville;" to which they desire the Concurrence of this House.

and North Stoneham Common Bill.

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

To return the Bill, intituled, "An Act for confirming Agreements made for enclosing and dividing Part of North Stoneham Common, in the County of Southampton;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The said Amendments, being read Thrice, were agreed to.

And a Message was sent to the House of Commons, by Mr. Bennet and Mr. Thurston, to acquaint them therewith.

Sir R. Mead against Webb:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Sir Richard Mead Baronet; complaining of a Decree of the Court of Exchequer in Ireland, of the 5th of July last, made in a Cause wherein Daniel Webb Esquire was Plaintiff, and the Appellant Defendant; and praying, "That the said Decree might be reversed; and that the Articles or Agreement made between the Appellant and Respondent, for a Lease of the Lands of Kilcoleman, in the County of Cork, in the said Kingdom, should be established, and the Respondent's Bill dismissed with Costs:" As also upon the Answer of the said Daniel Webb put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That, in the said Decree, after the Words ["set aside"], these Words be inserted ["and that the Respondent do execute a Surrender of the said Agreement, or Lease, to the Appellant; and that such Surrender be settled by One of the Barons of the said Court of Exchequer in Ireland, in case the Parties differ about the same"]; after the Words ["accompt with the said Sir Richard Mead for"], these Words ["what he made, or might have made without his wilful Default"] be left out, and instead thereof these Words ["the Rent of the said Lands and Premises, at the Rate of Two Hundred and Sixty Pounds per Annum, with such Deductions as are herein after mentioned"] be inserted; and that, after the Words ["to the Time of the Surrender thereof"], these Words be inserted ["and in case the Respondent shall have surrendered and yielded up to the Appellant the Possession of the said Lands, at any Time not being One of the Half-yearly Days whereon the said Rent is by the said Agreement or Lease reserved to be paid, then the said Accompt of the Rent of Two Hundred and Sixty Pounds per Annum is to be carried on to the next Half-yearly Day of Payment after the Time of yielding up the said Possession as aforesaid"]: After the Words ["all just Allowances"], these Words be also inserted ["and let the Chief Remembrancer, or his Deputy, set a Yearly Value on such Part of the demised Lands and Premises as the Respondent could not have the Possession and Enjoyment of, and make a proportionable Deduction for the same out of the said Rent"]: And it is hereby further Ordered, That the said Court of Exchequer do give all such Directions as shall be necessary and proper for carrying this Judgement into Execution: And it is further Ordered and Adjudged, That, with these Variations and Additions, the said Decree be affirmed.

Poor's Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act for remedying some Defects in the Act made in the Forty-third Year of the Reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor:"

Ordered, That the House be put into a Committee thereupon, on Tuesday next.

Adjourn.

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

DIE Veneris, 20o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Sarum.
Epus. Exon.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Aylesbury.
Comes Shaftesbury.
Comes Warrington.
Comes Coventry.
Comes Loudoun.
Comes Strafford.
Comes Harborough.
Comes Fitzwalter.
Viscount Fauconberg.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North.
Ds. Gower.
Ds. Somerville.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Monson.
Ds. Lovel.
Ds. Sandys.

PRAYERS.

E. of Selkirk & al. against Ld. A. Hamilton & al.

The Answer of Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, to the Appeal of John Earl of Selkirk and others, was brought in.

Fownes's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of Thomas Fownes Esquire in Trustees, to be sold, together with his Fee-Simple Estate, for the Payment of the Debts of his Father and himself; and for laying out the Surplus Money in the Purchase of another Estate, to be settled to the Uses of his Marriage Settlement."

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

D. Argyll.
D. Newcastle.
D. Portland.
D. Bridgewater.
M. Tweeddale.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Westmorland.
E. Winchilsea.
E. Chesterfield.
E. Thanet.
E. Sandwich.
E. Aylesbury.
E. Shaftesbury.
E. Strafford.
E. Harborough.
E. Fitzwalter.
Viscount Fauconberg.
Ld. Abp. York.
L. Bp. Sarum.
L. Bp. Exon.
L. Bp. Bath & Wells.
L. Bp. Bangor.
L. Bp. St. Davids.
Ld. Willoughby Br.
L. Willoughby Par.
L. North.
L. Gower.
L. Somerville.
L. Bathurst.
L. Onslow.
L. Ducie.
L. Monson.
L. Lovell.
L. Sandys.

Their Lordships, or any Five of them; to meet on Saturday the 5th Day of May next, at the usual Time and Place; and to adjourn as they please.

Motion to shorten the Time of meeting of the Committee.

The House was moved, "That the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, may be so far dispensed with, as the said Committee may meet on an earlier Day than now appointed, in regard the Session is far advanced."

Ordered, That the said Motion be taken into Consideration on Monday next; and the Lords to be summoned.

Naville's Nat. Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing Stephen Naville."

Westm. Bridge Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to explain and make more effectual several Acts of Parliament, passed in the Reign of His present Majesty, for building a Bridge cross the River Thames, from the City of Westminster, to the opposite Shore in the County of Surrey; and for the better enabling the Commissioners for building the said Bridge to finish the same, and to perform the other Trusts reposed in them; as also for granting further Time for exchanging the Tickets unclaimed in the last Lottery for the said Bridge; and to make Provision for Tickets in the said Lottery lost, burnt, or otherwise destroyed."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.

Against corresponding with the Pretender's Sons, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to make it High Treason to hold Correspondence with the Sons of the Pretender to His Majesty's Crown."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.

E. Selkirk and others peremptorily to answer L. Archibald Hamilton's Appeal.

The House was informed, "That John Earl of Selkirk and Ruglen, the Earl and Countess of Cassellis, Dunbar Hamilton Esquire, and John Hamilton, have not put in their Answer to the Appeal of Lord Archibald Hamilton, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Thomas Dunn Writer in Edinburgh, and another of Alexander Hamilton of Lincoln's Inn Gentleman, of the due Service of the said Order, being read:

Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal in a Week.

Cunningham against Cunningham al. Gainer:

A Petition of Mary Cunningham, otherwise Gainer, Widow of Robert Cunningham Esquire, Respondent to the Appeal of Elizabeth Cunningham; setting forth (amongst other Things), "That, soon after the Petitioner's Husband's Death, the Appellant, without Pretence of Right, got into the Possession of his House, and of his Plate, Furniture, Live Stock, and other Chattels, and refuses to yield up the same;" and praying, "That a short Day may be appointed, for hearing the said Appeal; the Petitioner having come from Scotland to attend the same."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Lords of Session empowered to make a provisional Order.

Ordered, That the Lords of Session in Scotland be at Liberty, notwithstanding the said Appeal, to make such provisional Order, or Orders, to prevent the Embezzlement, and for the Preservation, of the Live Stock, Furniture, and other Effects in Question in this Cause, and mentioned in the said Petition, and for enforcing any such Order, or Orders, as they shall think necessary and just.

Witham against Lewis, Writ of Error.

Counsel were called in, to be heard, in the Cause upon a Writ of Error, wherein John Leybourn Witham is Plaintiff, and George Lewis, on the Demise of Edward Earl of Derby, Defendant.

And the First and Second Counsel for the Plaintiff in Error having been fully heard;

As also One Counsel for the Defendant in Error:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till Monday next; and that the Cause appointed for that Day be put off to Wednesday next; and the other Causes removed in Course.

Adjourn.

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

Footnotes

1 Deest in Originali.