House of Lords Journal Volume 19: 26 January 1710

DIE Jovis, 26 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Knight et al: Leave for a Bill.

After reading, and considering, the Report of Mr. Justice Gould and Mr. Baron Bury; to whom was referred the Petition of Isaac Knight Esquire, Dickinson Knight Esquire, and Thomas Stones Esquire and Hannah his Wife; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave given to bring in a Bill, according to the Prayer of their Petition.

Bridges's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of several Tenements, in Cheek Lane, near West Smithfield (the Estate of James Bridges Esquire); and for purchasing other Estate, of the like Value, to be settled to the same Uses."

Upon the First Reading of the Bill, intituled, "An Act for Sale of several Tenements, in Cheek Lane, near West Smithfield (the Estate of James Bridges Esquire); and for purchasing other Estate, of the like Value, to be settled to the same Uses:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Bill shall be, and is hereby, referred to the Lord Chief Justice of Her Majesty's Court of Common Pleas and the Lord Chief Baron of Her Majesty's Court of Exchequer; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, and perusing a Copy of the Bill signed by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands and that the Judges do see whether the Bill be agreeable to the Standing Order of this House, of the Sixteenth of February One Thousand Seven Hundred and Five, in relation to the selling Lands in one Place, and by buying in another, and wherein it differs.

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

A Message was brought from the House of Commons, the Lord William Powlet and others:

To return the Bill, intituled, "An Act for making effectual the Provisions, intended by William Hayward, late of Quedgley, in the County of Gloucester, Esquire, deceased, for Payment of his Debts, and providing Portions for his Younger Children;" and to acquaint this House, that they have agreed to the same, without any Amendment.

A Message from the House of Commons, by Sir Francis Massham and others:

Who brought up a Bill, intituled, "An Act to enable the Lord High Treasurer of Great Britain, or Commissioners of the Treasury, for the Time being, to perfect Compositions with the Widow and Children of Richard Parke Merchant, deceased; and also with William Malett Esquire, as he was Surety for his Father, while he was Receiver General for the County of Somerset and City of Bristol, pursuant to Two Acts of Parliament for that Purpose; and also to make a further Composition with Joseph Parke, as he was One of the Sureties for Samuel Pacey, late Receiver General for the County of Suffolke;" to which they desire the Concurrence of this House.

Sir M. Deane et Ux. versus Franklin.

Upon reading the Petition of Sir Mathew Deane and Dorothy Countess Dowager of Barrimore, in the Kingdom of Ireland, his Wife; shewing, "That Joseph Francklin Gentleman, on the Sixteenth Day of December last, presented his Appeal to this House against the Petitioners; whereupon the Petitioners were ordered to put in their Answer to the said Appeal on the Seven and Twentieth Instant; and that, the Respondents Papers and Writings not being as yet come over from Ireland, they humbly pray further Time for answering to the said Appeal:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Time allowed them for answering to the said Appeal, until Monday the Sixth Day of February next, at Eleven a Clock.

Bp. of Winton and Cranston's Petition referred to Judges.

Upon reading the Petition of Jonathan Lord Bishop of Winton, and of Robert Cranston, for and on Behalf of themselves and other the Freehold and Copyhold Tenants of the Manor of Bishop's Sutton, in the County of South'ton; praying Leave to bring in a Bill, for enclosing a Tract of Ground, called Ropley Commons, containing about Five Hundred Acres, Parcel of the Manor of Bishop's Sutton; and improving the old disparked Park of Farnham, by enabling the said Bishop and his Successors to demise the same for a certain Term:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Justice Powys and Mr. Justice Blencowe; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Sir Alexander Brand versus Sir Thomas Kennedy et al.

Upon reading the Petition and Appeal of Sir Alexander Brand Knight, from several Acts, Decrees, and Proceedings, of the Right Honourable the Lords of Council and Session of Scotland, in certain Causes, between Sir Thomas Kennedy and Sir William Binning Chargers Plaintiffs, and the Petitioner Suspender or Defendant, made the Four and Twentieth of June, One Thousand Seven Hundred and Four, and the Twenty-fourth Day of December One Thousand Seven Hundred and Seven, and the Third and Eighth Days of January, One Thousand Seven Hundred and Eight; whereby the Petitioner was adjudged to pay to Sir William Binning the Sum of Four Hundred Sixteen Pounds, Thirteen and Four Pence; and in July last, notwithstanding divers just Objections thereunto, and after Intimation or Notice of an Order of this Honourable House in the said Cause between the Petitioner and George M'kenzie, refused to suspend the said Acts or either of them; and praying, "That the said Acts and Decrees may be reversed and set aside, and Proceedings stayed in the said Causes:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Thomas Kennedy, Sir William Binning, Andrew Just, and William Bird, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the Three and Twentieth Day of February next, at Eleven a Clock in the Forenoon.

Adjourn.

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