House of Lords Journal Volume 19: 5 May 1714

DIE Mercurii, 5 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Scarbrough et al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable Richard Earl of Scarbrough and Frances Countess of Scarbrough his Wife, the Honourable Richard Lumley Esquire, commonly called Lord Lumley, Humphrey Smith Esquire, on Behalf of himself and Thomas Smith his Son, an Infant, Thomas Bedwell Gentleman, and Christopher Baynes Clerk, Rector of Thormarton, alias Farmington, in the County of Gloucester; praying Leave to bring in a Bill, for enclosing Two great Open Common Fields, and a large Open Greensward Common Down, lying in Thormarton aforesaid, and other Purposes in the Petition mentioned:

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 Junior and Mr. Baron Banistre; 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.

Reading to Punt field Highways, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for repairing the Highways between The Bear Inn, in Reading, in the County of Berks, and a certain Place called Punt Field, in the said County."

And, after some Time, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Drawback on Salt, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for allowing a Drawback upon the Exportation of Salt, to be made Use of for the curing of Fish taken at North Seas, or Isleland."

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

Grove et al. versus Lady Hooke; Respondent to bring Writings.

Upon reading the Petition of Thomas Grove and others; shewing, "That their Appeal stands to be heard on Friday next; and that several Deeds and Writings, confessed in the Respondent's Answer to be in her Hands, will be material at the Hearing of the Cause;" and praying, "That the Respondent Dame Hester Hooke, or her Agents, may be ordered to leave with the Clerk all such Deeds and Writings, in her Custody or Power, which were produced at the Hearing below, to the End the same may be read at the Hearing in this House; and that the Petitioners may, in the mean Time, have Liberty to peruse the same:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Respondent do forthwith Leave with the Clerk of the Parliaments, or his Deputy, the said Deeds and Writings, in order to be made Use of as desired.

Slaney versus Slaney et al;

After hearing Counsel, upon the Petition and Appeal of Moreton Slaney Gentleman, Eldest Son and Heir of Robert Slaney deceased, by Anne his Wife, Daughter of Elizabeth Moreton Widow, deceased, from a Decree, or Order of Dismission, made by the Master of the Rolls, the Twenty-second Day of February in the Tenth Year of Her Majesty's Reign, on the Behalf of Robert Slaney Esquire, Dorothy Scruton, Robert Moreton and Elizabeth his Wife; which said Robert Slaney and Elizabeth Moreton were Two other of the Children of the said Robert Slaney, deceased, by the said Anne; praying Relief, according to Justice and Equity: As also upon the Answers of the said Robert Slaney, Robert Moreton, and Dorothy Scruton, put in to the said Appeal; and due Consideration of what was offered thereupon:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree be, and is hereby, reversed; and that the Appellant have a Satisfaction of the Sum of One Thousand Pounds, with Interest, to be computed from the Death of his Father Robert Slaney, together with his Costs of this Suit, out of the Assets of the said Robert Slaney; and that the Court of Chancery give proper Directions, in order to the Appellant's receiving such Satisfaction.

Pitt versus Aston.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Samuel Pitt is Appellant, and Edward Aston and his Wife Respondents:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Twenty-fourth Day of this Instant May, at Eleven a Clock.

Tregagle's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of John Tregagle Esquire, deceased, lying in the Counties of Devon and Cornwal, for Payment of his Debts, and making Provision for his Children."

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.

Darbison versus Beaumont, in Error.

Upon reading the Petition of William Darbison, Plaintiff in a Writ of Error, on the Demise of Thomas Long, wherein John Beaumont and his Wife are Defendants; praying, "That a Day may be appointed, for hearing the Errors assigned thereupon argued:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel, at the Bar, on Tuesday the Twenty-fifth Day of this Instant May, at Eleven a Clock.

Reading to Punt-field, Highways, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Highways, between The Bear Inn in Reading, in the County of Berks, and a certain Place, called Punt Field, in the said County."

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. Dormer and Mr. Browning:

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

Dupree, Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Samuel Dupree."

Causes removed.

Ordered, That the Cause wherein George Lockhart Esquire is Appellant, and George Cheisley and others are Respondents, (which was appointed To-morrow) be put off to Friday; and the other Causes removed One Day in Course.

Adjourn.

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