House of Lords Journal Volume 19: 13 May 1714

DIE Jovis, 13 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Brewer's Petition referred to Judges.

Upon reading the Petition of Samuel Brewer and Elizabeth his Wife, in Behalf of William, Abigal, and Elizabeth Brewer, Son and Daughters of the said Samuel Brewer and Elizabeth his Wife, Infants under the Age of One and Twenty Years; praying Leave to bring in a Bill, to vest an Estate in the Petition mentioned in Trustees, to be sold, for Payment of Debts, and other Purposes therein expressed:

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 Sir Littleton Powys One of Her Majesty's Justices of the Court of Queen's Bench and Mr. Justice Tracy; 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.

Garden versus Anderson:

Whereas this Day was appointed, for hearing Counsel, upon the Petition and Appeal of Doctor James Garden Professor of Divinity in The King's College of Aberdeen, complaining of an Interlocutory Sentence, or Decree, of the Lords of Council and Session in Scotland, of the Twenty-first of July last, on the Behalf of Mr. David Anderson; praying, "That the same may be reversed:" As also upon the Answer of the said David Anderson Professor of Divinity in the said College, for himself and the several Moderators of the respective Presbyteries of the Synod of Aberdeen, put in thereunto; but no Counsel appearing on either Side:

Appeal dismissed.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal shall be, and is hereby, dismissed this House.

E. of Scarbrough et al. Bill for enclosing Lands in Thormorton; and for settling Smith's Lands.

Hodie 2^a vice lecta est Billa, intituled, "An Act for parting and enclosing Two great Open Fields, and a large Open Greenward Common Down, lying and being in the Manor and Parish of Thormarton, alias Farmington, in the County of Gloucester; and also for settling a Modus, in Lieu of Tithes, upon the Rector of Farmington aforesaid, and his Successors; and also for vesting certain Messuages and Lands, the Estate of Thomas Smith, an Infant, in Trustees, to be sold, and the Money thereby to be raised to be paid to Humphrey Smith, Father of the said Thomas; and for settling upon the said Infant an Estate, in the said County, of greater Value, in Lieu thereof."

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

Their Lordships, or any Five of them; to meet on Friday the Twenty-eighth Day of this Instant May, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Cherry's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Sale of certain Messuages, Lands, Tenements, and Hereditaments, contained in the Marriage Settlement of Francis Cherry Gentleman, deceased, and Elizabeth his Wife, and for converting the same into Ready Money, for the Benefit of his Wife and Children; and for Sale of other Estates, for Payment of the Debts of Francis Cherry and William Cherry."

Ordered, That the Consideration of the said Bill be committed to the Lords Committees aforenamed; to meet at the same Time and Place.

River Nine Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday the Twentyfourth Day of this Instant May, at Eleven a Clock.

Edinburgh Highways, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for upholding and repairing the Bridges and Highways in the County of Edinburgh."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday the Twentyfifth Day of this Instant May, at Eleven a Clock.

Loggin's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for dissolving the Marriage of Francis Loggin with Sarah Gardner, and to enable him to marry again."

And, after some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had heard Counsel and Witnesses, to make out the Allegations in the said Bill; as also Counsel for the said Sarah; 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 Bill be engrossed.

Bourchiers' & al. Petition referred to Judges.

Upon reading the Petition of the Honourable Katherine Bourchier, Widow of Brereton Bourchier, late of Barnesley, in the County of Gloucester, Esquire, deceased, and of Martha Bourchier, an Infant, the only Daughter and Heir of the said Brereton Bourchier, by the said Katherine her Mother and Guardian, and of Walter Bourchier Gentleman, Martha Bourchier and Rebecca Bourchier Spinsters, Brother and Sisters of the said Brereton Bourchier, and of Walter Grubbe, of Pottern, in the County of Wilts, Esquire, and of Thomas Grubbe Gentleman; praying Leave to bring in a Bill, for enabling Trustees to fill up, renew, and make Leases, of an Estate, in the Petition mentioned; and to make Sale of Wood and Timber, during the Minority of the Petitioner Martha the Heir; and for other Purposes in the Petition expressed:

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 Sir Littleton Powys One of Her Majesty's Justices of the Court of Queen's Bench and Mr. Justice Tracy; 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.

Dunstable to Hockley, Highways, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making more effectual an Act, passed in the Ninth Year of Her present Majesty's Reign, intituled, "An Act for repairing the Highways between Dunstable and Hockley, in the County of Bedford."

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. Lovebond and Mr. Holford:

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

Message from thence, with a Bill.

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

With a Bill, intituled, "An Act for repairing and amending the Highways, between the Town or Village of Tittensor, and the most Northern Part of Talke on the Hill, in Butlane, in the County of Stafford;" to which they desire the Concurrence of this House.

Tittensor to Butt-lane, Staff Highways, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing and amending the Highways between the Town or Village of Tittensor, and the most Northern Part of Talke on the Hill, in Butlane, in the County of Stafford."

Prendergast's Bill.

After reading, and considering, the Report of the Judges, to whom the (fn. 1) Petition of Sir Thomas Prendergast Baronet, an Infant, by his Guardian, for Leave to bring in a Bill, was referred:

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Sir Thomas Prendergast Baronet, an Infant, to sell Part of his Estate, lying in the County of Waterford, in the Kingdom of Ireland, for the Payment of his Father's Debts; and other Purposes therein mentioned."

Wilson versus Tooker.

Upon reading the Petition and Appeal of William Wilson Goldsmith, from a Decretal Order made in the Court of Chancery, the Second Day of July last, on the Behalf of James Tooker; praying, "That the same may be reversed:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Tooker may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Twenty-fourth Day of this Instant May, at Eleven a Clock.

Faulkener & al. versus Baird & al. Respondents to answer.

Upon reading the Petition of John Faulconer Esquire and Margaret his Wife, James Craig Esquire, William Larmouth Doctor in Physic, and Alexand'r Nairn Esquire, Creditors of Thomas Craig, of Riccartown, deceased; shewing, "That they have lodged their Appeal in this House, from several Interlocutory Orders of the Lords of Council and Session in Scotland, to which John Mushet, Sir James Baird, and others, were to put in their Answers by the Tenth of this Month; but they still delay so to do;" and praying a short Day may be appointed, for putting in their said Answers:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Respondents to the said Appeal do peremptorily answer thereunto, on or before Wednesday the Twenty-sixth Day of this Instant May, at Eleven a Clock.

Business removed.

Ordered, That the Causes, and other Business, appointed for Monday and Tuesday next come Seven-night, be put off to the Wednesday and Thursday following; and the other Causes removed in Course.

Adjourn.

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