House of Lords Journal Volume 20: 16 April 1717

DIE Martis, 16 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Drogheda's Pet. referred to Judges.

Upon reading the Petition of Henry Earl of Drogheda in the Kingdom of Ireland, a Minor under the Age of One and Twenty Years, by Mary Countess Dowager of Drogheda his Grandmother and Guardian; praying, "That Leave may be given to bring in a Bill, to enable the said Earl, notwithstanding his Infancy, to make a Marriage Settlement of his Estate, with the Consent and Approbation of Trustees to be nominated and appointed:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Tracy and Mr. Justice Prat; 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.

Conyers' Pet. referred to Judges.

Upon reading the Petition of John Conyers Esquire; praying, "That Leave may be given to bring in a Bill, to sell a Trust Estate, at Corsham, in the County of Wilts, contracted for by him, which, by reason of the Infancy of the now Lord Weymouth, and the Defects in the Execution of the Will of his Father, the Petitioner cannot make a good Title to a Purchaser without an Act of Parliament:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Baron Price; 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.

Burrington's referred to Judges.

Upon reading the Petition of John Burrington, in the County of Devon, Esquire, and George Burrington, his only Son and Heir Apparent; praying, "That Leave may be given to bring in a Bill, for the vesting and settling of all the Lands and Hereditaments, lying in the County of Devon, comprized in a Settlement in the Petition mentioned, for Payment of Debts; and for other Purposes therein expressed:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Baron Fortescue; 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.

Ridpath & al. to be discharged.

Upon reading the Petition of George Ridpath, Robert Tookey, and Stephen Whatley, in Custody of the Gentleman Usher of the Black Rod, for their Contempt, in writing and printing a Paragraph in The Flying Post, formerly complained of; acknowledging their Offences; expressing their Grief for the same; begging Pardon of the House; and praying, "That they may be discharged, without paying Fees; the Expence they have already been at, besides Loss of Business, being more than their Circumstances can bear:"

It is Ordered, That the Petitioners be forthwith brought to the Bar of this House, in order to receive a Reprimand for their Offences; and be discharged, paying their Fees.

Walker to be discharged.

Upon reading the Petition of Thomas Walker, in Custody of the Gentleman Usher of the Black Rod, for his Contempt, in writing and publishing the Paragraphs in The St. James's Post and St. James's Evening Post, formerly complained of; acknowledging his Offence; expressing his sincere Sorrow for the same; imploring the Pardon of the Right Reverend the Bishops in particular, and of the House in general; and promising never to offend again in the like Nature, this being the First Fault he ever was accused of; and praying, "To be discharged, without paying Fees; the Expences he has been already at, by his strict Confinement, being greater than he is well able to bear:"

It is Ordered, That the Petitioner be forthwith brought to the Bar of this House, in order to be reprimanded for the said Offence; and be discharged, paying his Fees.

Cuningham versus Hamilton.

The House being moved, "That a Day may be appointed, for hearing the Cause depending in this House, wherein John Cuninghame of Enterkin is Appellant, and Katherine Hamilton Lady Enterkin, his Mother, Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Eighth Day of May next, at Eleven a Clock.

Whereas by Order of this House, on the Fifth Day of March last, Dulcibella Lawrence was required to put in her Answer to the Appeal of Giles Lawrence, on or before the Nineteenth Day of the same Month:

Lawrence versus Lawrence, peremptory Day for answering.

The House being this Day moved, "That, in regard she hath not yet put in her Answer, a peremptory Day may be appointed for that Purpose:"

It is Ordered, That the said Dulcibella Lawrence do peremptorily answer the said Appeal on Wednesday the Eighth Day of May next.

Duke of Rutland & al. Bill.

After reading, and considering, the Report of the Judges, to whom was referred the Petition of John Duke of Rutland and others; praying, "That Leave may be given to bring in a Bill, for the Purposes in the Petition mentioned:"

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Report.

Hodie 1^a vice lecta est Billa, intituled, "An Act for settling the Estates of the most Noble John Duke of Rutland, and John Manners Esquire (commonly called Marquis of Granby), Son and Heir Apparent of the said Duke, on the Marriage of the said Marquis of Granby with the Honourable Bridget Sutton, only Child of the Right Honourable Robert Lord Lexington; and also for vesting the Estates of the said Robert Lord Lexington and Bridget Sutton therein mentioned in Trustees, to be sold, for raising Money for the Marriage Portion of the said Bridget Sutton."

E. of Grantham takes the Oaths.

This Day Henry Earl of Grantham took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having delivered a Certificate of his receiving the Sacrament; to the Truth whereof, Witnesses were sworn, and examined.

Reily & al. versus Ward.

Whereas this Day was appointed, for hearing the Cause wherein James Reily Esquire and others are Appellants, and Robert Ward Respondent:

It is Ordered, That the Hearing the said Cause be adjourned till Tuesday the Seventh Day of May next, at Eleven a Clock.

Authors of Flying Post, &c. discharged.

Thomas Walker, George Ridpath, Stephen Whatley, and Robert Tookey, were, according to Order, brought to the Bar; and there receiving, on their Knees, a Reprimand from the Lord Chancellor, for their several Offences, were discharged out of Custody, paying their Fees.

Bond versus Hele.

Upon reading the Petition of Charity Hele and Julyan Hele, Infants, by Sir Thomas Putt Baronet and Dame Julyan his Wife, their Guardians; setting forth, "That they have put in their Answer to the Appeal of Isabella Bond Widow and others, depending in this House; and the Point in Question, being a Matter of Law, may be proper to be heard when the Judges are in Town; who, if the House think fit, may give their Opinion therein;" and praying, "That a Day may be appointed, for hearing the Matter of the said Appeal:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Ninth Day of May next, at Eleven a Clock; and that the Judges do then attend the Service of the House.

Fulford's Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Francis Fulford Esquire, praying Leave to bring in a Bill, for the Purposes therein mentioned, was referred:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Report.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Francis Fulford Esquire, and his First and other Sons, successively, to put in Execution the Power of granting Leases, given by the last Will and Testament of Francis Fulford Esquire, deceased."

Burke versus Morgan, in Error, from Ireland.

The House being informed, "That a Person attended at the Door, with the Transcript of a Record of the Court of Exchequer in Ireland, upon a Writ of Error returnable before this House:"

He was called in; and, at the Bar, attested, upon Oath, "That he examined the said Transcript with the original Record in the said Court of Exchequer; and that the same was a true Copy."

And, delivering the said Transcript in at the Bar, he withdrew.

In which Writ of Error, Richard Burk is Plaintiff, and Richard Morgan Defendant.

Mason versus Lake.

The House being moved, "That a Day may be appointed, for hearing the Cause depending in this House, wherein Charles Mason Esquire is Appellant, and Sir Bibye Lake and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Tenth Day of May next, at Eleven a Clock.

Chevers versus Geoghegan.

Upon reading the Petition and Appeal of Andrew Chevers Gentleman; complaining of an Order made by the Court of Exchequer in Ireland, on the Nineteenth Day of February One Thousand Seven Hundred and Sixteen, in a certain Cause there depending by English Bill, wherein Terence Geoghegan Gentleman was Plaintiff, and the Appellant and others Defendants; and praying, "That the said Order may be reversed or rectified:"

It is Ordered, That the said Terence Geoghegan 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 Tuesday the Twenty-first Day of May next.

Botler to enter into Recognizance for L. Caher.

The House being moved, "That Theobald Botler may be allowed to enter into a Recognizance for the Lord Caher in the Kingdom of Ireland, upon his Appeal depending in this House; his Lordship being in that Kingdom:"

It is Ordered, That the said Theobald Botler may enter into a Recognizance for the said Lord Caher accordingly.

Parliament to be adjourned.

The Lord Chancellor acquainted the House, "That he was commanded by His Majesty to signify to their Lordships, it is His Majesty's Pleasure, both Houses be adjourned to Monday the Sixth Day of May next."

And the House accordingly agreeing to adjourn:

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, sextum diem Maii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Die Mercurii, 10 Julii, 1717, hitherto examined by us,

Stamford.
Clarendon.
Say & Seale.
Coningesby.