DIE Martis, 27 Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Ebor.
Epus. Dunelm. & Ds. Crew.
Epus. Sarum.
Epus. Petriburg.
Epus. Oxon.
Epus. Bangor.
Epus. Cestrien.
Epus. Asaphen. |
Ds. Harcourt, Custos Magni Sigilli.
Comes Oxford, Thesaurarius.
Dux Buckingham, Præses.
Dux Shrewsbury, Camerarius.
Dux Cleveland.
Dux Grafton.
Dux Northumberland.
Dux Bolton.
Dux Devonshire.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Kent.
March. Lindsey, Magnus Camerarius.
March. Dorchester.
Comes Poulet, Senescallus.
Comes Derby.
Comes Pembroke.
Comes Bridgewater.
Comes Northampton.
Comes Denbigh.
Comes Manchester.
Comes Winchilsea.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Carlisle.
Comes Sussex.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Plimouth.
Comes Portland.
Comes Scarbrough.
Comes Bradford.
Comes Orford.
Comes Jersey.
Comes Greenwich.
Comes Wharton.
Comes Godolphin.
Comes Cholmondeley.
Comes Mar.
Comes Eglintoun.
Comes Home.
Comes Loudoun.
Comes Northesk.
Comes Roseberie.
Comes I'lay.
Comes Ferrers.
Comes Strafford.
Comes Dartmouth.
Viscount Say & Seale.
Viscount Townshend.
Viscount Weymouth.
Viscount Hatton.
Viscount Kilsyth. |
Ds. Delawar.
Ds. Hunsdon.
Ds. Compton.
Ds. Howard Escr.
Ds. Mohun.
Ds. Bruce.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Osborne.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Halifax.
Ds. Gernsey.
Ds. Conway.
Ds. Cowper.
Ds. Blantyre.
Ds. Boyle.
Ds. Hay.
Ds. Mountjoie.
Ds. Burton.
Ds. Mansel.
Ds. Middleton.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst. |
PRAYERS.
Peirson's Bill.
Hodie 1a
vice lecta est Billa, intituled, "An Act
for Sale of the Estate of William Peirson Esquire,
deceased, for Payment of an Incumbrance thereupon,
and a Debt due from the said William Peirson to Her
Majesty, as he was Collector of the Customs at Plimouth."
Ordered, That the Consideration of the said Bill shall
be, and is hereby, referred to Mr. Justice Powell and
Mr. Baron Bury; who are forthwith to summon all
Parties concerned therein; and, after hearing them, and
perusing a Copy of the Bill attested by the Clerk of
the Parliaments, are to report to the House the State of
the Case, with their Opinion thereupon, under their
Hands.
Sir T. Putt's Bill, for Sale of Lands, in Netherex, &c:
Hodie 3a
vice lecta est Billa, intituled, "An Act
for vesting several Lands, in Netherex, Rew, Silverton,
and Thorverton, in the County of Devon, in Trustees,
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. Dormer and Mr. Browning:
To carry down the said Bill, and desire their Concurrence thereunto.
Highgate and Barnet Road Bill.
Hodie 1a
vice lecta est Billa, intituled, "An Act
for repairing the Highway, between Highgate Gatehouse, in the County of Middlesex, and Barnet Blockhouse, in the County of Hertford."
Sir P. Home versus Sir R Home, et è contra:
After hearing Counsel, upon the Petition and Appeal
of Sir Patrick Home Baronet, complaining of several
Interlocutors, or Decrees, of the Lords of Council and
Session in Scotland, pronounced the 16th of July 1708,
the 12th of January 1708 / 9, the 11th of February 1708 /9,
the 17th of July 1711, and the 20th of November 1711,
on Behalf of Sir Robert Home Baronet; and praying
Relief against the same; and upon the Answer of Sir
Robert Home put in thereunto: As also upon the Cross
Appeal of the said Sir Robert Home, from several Interlocutors, or Decrees, pronounced by the Lords of Council and Session in Scotland, the 10th of February 1708,
the 17th of December 1708, and the 5th of January
1709, in a certain Cause between the said Sir Robert
Home and the said Sir Patrick Home; and the Answer of
the said Sir Patrick Home put in thereunto; and due
Consideration of what was offered on either of the said
Appeals and Answers:
Judgement in Part reversed.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said several Decrees, or Interlocutors, complained of in the said
Appeal of the said Sir Patrick Home, shall be, and the
same are hereby, affirmed; and that the said Petition and
Appeal of the said Sir Patrick Home shall be, and the same
is hereby, dismissed; and that the said several Decrees,
or Interlocutors, pronounced the Tenth of February One
Thousand Seven Hundred and Eight, the Seventeenth of
December One Thousand Seven Hundred and Eight, and
the Fifth of January One Thousand Seven Hundred and
Nine, complained of by the said Sir Robert Home in his
said Petition and Appeal, shall be, and the same are
hereby, reversed: And it is further Ordered and Adjudged, That the Release, or Discharge, and the Grant
and Disposition made by Sir Alexander Home to the said
Sir Patrick Home, complained of by the said Petition
and Appeal of the said Sir Robert Home, having been
gained by Fraud and Circumvention, be so far reduced
and set aside, as to stand a Security only for any onerous
Cause, or valuable Consideration, paid or made good by
the said Sir Patrick for the same; and that the said Sir
Patrick do accompt for the Rents and Profits of the
Trust Estate granted to him by Sir John Home, by
Lease the 13th of May 1671; and for all other Sums
of Money, Debts, or Moveables, contained in the aforesaid Discharge and Disposition, which belonged to the
said Sir John Home, and were received by Sir Patrick
Home, and which ought to have been applied for the
Debts charged upon Sir John Home's Estate; and be allowed on such Accompt what he really and bona fide
paid or expended in the just Execution of the Trust expressed in the said Lease, or as the onerous Cause,
or valuable Consideration of the said Discharge and
Disposition of the said Sir Alexand'r to the said Sir Patrick.
Lords to be summoned.
Ordered, That all the Lords be summoned, to attend
the Service of this House To-morrow.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum octavum diem instantis Maii, hora
duodecima, Dominis sic decernentibus.