House of Lords Journal Volume 20: 20 December 1717

DIE Veneris, 20 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt :

PRAYERS.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act for granting an Aid to to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Eighteen;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for naturalizing Abraham Boetefeur;" to which they desire the Concurrence of this House.

Land Tax Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Eighteen."

Breedon's Petition referred to Judges.

Upon reading the Petition of John Breedon of Croton, John Breedon an Infant, by Thomas Breedon Clerk, his Father and Guardian; praying, "That Leave may be given to bring in a Bill, for Sale of Part of the Manor of Pangborne, in the County of Berks, for Payment of the Sum of Two Thousand Pounds, and Interest, and Costs, pursuant to a Decree of the Court of Chancery:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, 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. 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.

D. of Kent, &c. Petition referred to Judges.

Upon reading the Petition of Henry Duke of Kent, and of Anthony Grey Esquire, commonly called Lord Harold, Son and Heir Apparent of the said Duke; praying, "That Leave may be given to bring in a Bill, for giving full Powers to the Petitioners, to make, out of the several Estates in the Petition mentioned, proper Jointures for any Wife or Wives of the said Lord Harold, and Provision for his Daughters or Younger Children; and to repeal and make void an uncommon and restrictive Clause in an Act of Parliament, passed in the Fifteenth of King Charles the Second, which may otherwise hinder the due Execution of the said Powers; and for other Purposes in the Petition expressed:"

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

Lockart & al. Petition referred to Judges.

Upon reading the Petition of James Lockart Esquire and Sir John Stanley Baronet, on Behalf of themselves and John Lockart, Anne, Dorothy, and Martha Lockart, Infants, Children of the said James Lockart by Dorothy his late Wife; praying, "That Leave may be given to bring in a Bill, so enable the said Sir John Stanley, instead of the Purchase of other Lands, pursuant to an Act passed in the Third and Fourth Years of Her late Majesty, to dispose of the Trust-monies in Discharge of the Debts affecting the said James Lockart, and to enable him, in Lieu thereof, to make Provision for his Younger Children, by granting an Heritable Bond upon the Entailed Estate.

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. 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.

Bp. Litch. & Cov. to preach 30th January.

Ordered, That the Lord Bishop of Litchfield and Coventry be, and he is hereby, desired to preach before this House, in the Abbey Church, Westm'r, on the Thirtieth Day of January next.

Moor & al. versus Mattocks & al.

Whereas the Petition and Appeal of Boyl. Moor and others, presented to this House the last Session of Parliament, complaining of an Order made in the Court of Chancery in Ireland, the Third Day of December 1715, in a Cause wherein Thomas Mattocks and others were Plaintiffs, and the Appellants Defendants, so far as the said Order relates to the Allowance of the Plaintiffs Exceptions to the Master's Report, and the Disallowance of the Appellants Exceptions, and also of several other Orders of the said Court, came on to be heard on the Fourth of June last; and the Counsel for the (fn. 1) Respondent objecting to the Generality of the said Appeal, this House did then order, "That the Hearing the same should be adjourned; and that the Appellants Agents should give to the Respondents Agents Notice, in Writing, of the particular Exceptions and Branches of Exceptions they intended to insist and stand upon:" And this Day being, by Order of this House, of the Ninth Instant, appointed for hearing the said Cause:

Counsel were accordingly called in, to be heard.

And the Appellants Counsel proceeding:

The Respondents Counsel objected, "That the Exceptions, or the greatest Part of them, contained in the List, or Note, given them by the Appellants Agents, were determined by an Order of the said Court of Chancery, from which they had not appealed; and that those Exceptions were not sufficiently distinguished."

And thereupon the said Order of this House of the Fourth of June, and Note or List of Exceptions, being read:

The Counsel were directed to withdraw.

And, after some Time, were again called in.

And the Lord Chancellor, by Direction of the House, acquainted them, "That the Lords, having considered the State and Nature of this Case, and foreseeing it will be impracticable to determine the same before the approaching Recess, do therefore order, That the Hearing thereof be adjourned to the First vacant Day after the Meeting of the House after the Recess; and, that there may be the less Perplexity and Delay in the Hearing the Matter of the said Cause, their Lordships, thinking the List, or Note, of Exceptions given to the Respondents Counsel, to be more general than was intended by the said Order of this House of the Fourth of June, do therefore direct, that the same be amended; and that the particular Matters of all the Exceptions and Branches of Exceptions, which the Appellants think fit to insist and stand upon at the Hearing, be specified in such List or Note; and that the Appellants Counsel do sign the same, to the End that nothing frivolous or impertinent, nor any Exception, or Branch of Exception, for which there shall not appear to be some probable Ground of Debate, be therein inserted; and further, that such List, or Note, so signed, be delivered to the Agent or Agents for the (fn. 1) Respondent Six Days before the Hearing the said Cause."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum primum diem instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.