Journal of the House of Lords: Volume 22, 1722-1726. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 22: March 1725, 1-10', in Journal of the House of Lords: Volume 22, 1722-1726( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol22/pp434-446 [accessed 22 December 2024].
'House of Lords Journal Volume 22: March 1725, 1-10', in Journal of the House of Lords: Volume 22, 1722-1726( London, 1767-1830), British History Online, accessed December 22, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol22/pp434-446.
"House of Lords Journal Volume 22: March 1725, 1-10". Journal of the House of Lords: Volume 22, 1722-1726. (London, 1767-1830), , British History Online. Web. 22 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol22/pp434-446.
In this section
March 1725, 1-10
DIE Martis, 2o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Chief Justice of the Court of Common Pleas sat Speaker.
Swist versus Clarke.
The Answer of Samuel Clarke Esquire, (One of the Assignees of the Commissioners named in a Commission of Bankrupt issued against Carleton Goddard Merchant) One of the Respondents to the Appeal of Elizabeth Swift Widow and Dean Swift her Son, was brought in the Twenty-seventh of February last.
E. of Sutherland versus Dunbar & al.
And this Day the Answer of Sir Thomas Calder Baronet, and Archibald Dunbar of Thundertoun Esquire, Two of the Respondents to the Appeal of John Earl of Sutherland and Captain David Ross, was brought in.
Lightburne & Ux. versus Swist & al. & è contra: Judgement.
After hearing Counsel, as well upon the Original Appeal of Stafford Lightburne Clerk and Hannah his Wife; complaining of several Decrees of the Court of Exchequer in Ireland, made the Fifteenth of July 1717, the Fifth of December 1719, and Fourteenth of December 1721, so far as the former Decrees of the said Court, made in a Cause wherein the Appellants were Plaintiffs, and Elizabeth Swift and Dean Swift a Minor were Defendants, are thereby reversed or varied, or any Satisfaction decreed to Carleton Goddard for the Sum of Three Hundred and Thirty Pounds Seven Shillings and Six Pence, and One Hundred Pounds, or either of them, for any Interest thereof; and praying, "That the same may be reversed:" As also upon the Original Appeal of the same Stafford Lightburne Clerk and Hannah his Wife, to which the said Elizabeth Swift, and Dean Swift, and Samuel Clarke Esquire, are likewise Respondents, complaining of several Orders and Decrees of the Court of Chancery in Ireland, made the Fifteenth of February 1716, the Sixteenth of June and Tenth of February One Thousand Seven Hundred and Eighteen; and praying, "That the same may be reversed; and that Carleton Goddard's Bill, so far as it seeks to impeach the Appellants just Demands, or to obstruct them in receiving Satisfaction from the same, may be dismissed with Costs:" As likewise upon the Cross Appeal of the said Elizabeth Swift and Dean Swift the Infant, by the said Elizabeth Swift his Mother and Guardian, to which the said Stafford Lightburne and Hannah his Wife, and Samuel Clarke, are Respondents; complaining, "That the said Elizabeth Swift and Dean Swift her Son are aggrieved by several Orders, or Decrees, of the said Court of Exchequer in Ireland, made the Twenty-second of June, the Twenty-second of November, the Twenty-fifth and Twenty-seventh of February, 1715, the Fourteenth of November and Eleventh of December 1716, the Fifteenth of July 1717, the Fifth of December 1719, and the Fourteenth of December 1721; and the Reports, and all other Proceedings, in Favour of the said Lightburne and his Wife, in the said Court of Exchequer;" and praying, "That the same may be reversed, and the said Appellants relieved, as to this House shall seem meet:"
And the Counsel on both Sides having been fully heard; and due Consideration and Debate had of what was offered on all Sides in these Causes:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of the Court of Exchequer, made the Twenty-second of June One Thousand Seven Hundred and Fifteen, and the said other subsequent Decree of the same Court, made the Eleventh of December One Thousand Seven Hundred and Sixteen, on the Remembrancer's Report, be, and the same are hereby, affirmed; and the said Court of Exchequer are hereby directed to enforce the Execution of the said Decrees, and to carry on the Accompt of Principal and Interest from the Foot of the said last Decree; and to tax the Appellants Lightburne and his Wife their Costs on their Original Bill in the said Court of Exchequer, and also in the subsequent Bills and Proceedings in that Court, wherein the said Appellants were Defendants; and the said Costs are to be paid out of the Real Estate, subjected to the Payment of the Money decreed: And it is also hereby Ordered, That the Court of Exchequer do cause the said Appellants Lightburne and his Wife to be put into the Possession of the Lands subject to the Payment of the said Money, according to the said Decree of the Eleventh of December One Thousand Seven Hundred and Sixteen; and that the said Appellants shall hold and enjoy the same till they be fully satisfied their Principal Money, Interest, and Costs, hereby adjudged to them.
And it having been agreed by the Parties, at the Bar, that Six Hundred Pounds hath been received out of the said Estate by the Respondent Samuel Clarke, and he consenting to pay it to the Appellants within Two Months at Dublin; it is hereby further Ordered, That he pay the same accordingly; and the Money so paid shall be first of all applied to the Payment of the Interest and Costs due to the Appellants, and the Residue, if any, to the Payment of the Principal Debt: And it is hereby also further Ordered and Adjudged, That all the Decrees and Orders, both of the said Court of Exchequer and Court of Chancery, subsequent to the said Decree of the Exchequer of the Eleventh of December One Thousand Seven Hundred and Sixteen, shall be, and are hereby, reversed.
Widdrington's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Ralph Widdrington Esquire in Trustees, to be sold, for Payment of the Debts of the said Ralph Widdrington."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Wednesday the Seventeenth Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Guy's Charity Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for incorporating the Executors of the last Will and Testament of Thomas Guy late of the City of London Esquire deceased, and others, in order to the better Management and Disposition of the Charities given by his said last Will."
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. Lovibond and Mr. Bennet Senior:
To carry down the said Bill, and desire their Concurrence thereunto.
Skrymsher's Bill.
The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for discharging certain Lands at Eccleshall, in the County of Stafford, from the Uses and Limitations contained in the Marriage Settlement of Thomas Boothby Skrymsher Esquire; and for settling other Lands, in the same County, of greater Value, to the same Uses," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; 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 said Bill be engrossed.
Sheldon's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the Sale of the Manors of Middle Ditchford alias Freemans Ditchford, Guy Ditchford alias Over Ditchford, and other Lands therein mentioned, in the County of Worcester, for Payment of the Debts of Gilbert Sheldon Esquire deceased; and for making Provision, for his Widow, his Children and Grandchildren, and other Purposes therein mentioned:"
Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom Mr. Widdrington's Bill stands committed:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
Philips to take the Name of Goodwin, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enabling John Philips Esquire, and his Issue, to take and use the Surname of Goodwin."
Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom Mr. Widdrington's Bill stands committed:
Their Lordships, or any Five of them; to meet on Friday next, at the same Place; and to adjourn as they please.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tertium diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 3o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Chief Justice of the Court of Common Pleas sat Speaker.
Duff versus E. of Buchan.
This Day the Answer of David Earl of Buchan, to the Appeal of William Duff of Braco Esquire, was brought in.
E. Cavan and T. Piggot versus R. Piggot:
After hearing Counsel, upon the Petition and Appeal of Richard Earl of Cavan and Thomas Piggot Gentleman; complaining of a certain Order and Decree of the Lord Chancellor of Ireland, made the Twenty-ninth of January 1721, directing an Issue to be tried, "Whether Thomas Piggot, the Respondent's Father, did convey the Equity of Redemption of certain Lands in the Appeal mentioned to the Appellant's Father;" and likewise of a Decree made by his Lordship, the Fourteenth of February 1723, reversing a Decree of the Commissioners appointed for hearing Causes in the Absence of the said Lord Chancellor, made the Fifth of February 1722, in a Cause wherein Robert Piggot Esquire was Plaintiff, and the Appellants and others were Defendants; and in a Cross Cause, wherein the Appellant the said Earl of Cavan was Plaintiff, and the said Thomas Piggot, Robert Piggot, and Lancelot Sands, were Defendants; and praying, "That the said Decrees of the said Lord Chancellor may be reversed; and that the said Decree of the Commissioners appointed for hearing Causes in the Absence of his Lordship may be affirmed:" As also upon the Answer of the said Robert Piggot put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
L. Chancellor's Decree reversed, and Decree of Commissioners affirmed, with an Addition.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of the said Lord Chancellor, the Fourteenth of February One Thousand Seven Hundred Twenty-three, be, and is hereby, reversed; and that the said Decree of the said Commissioners, of the Fifth of February One Thousand Seven Hundred Twentytwo, be, and is hereby, affirmed; with this Addition, that the Injunction thereby awarded, to quiet the Appellant the Earl of Cavan, and his Assigns, be extended to the Heirs of the said Earl, and against the Respondent, his Heirs and Assigns; and that the Appellants have their Costs upon all the Proceedings in the Court of Chancery, since the said Decree of the Fifth of February One Thousand Seven Hundred Twentytwo; and that the said Court do cause the same to be taxed, according to the Course of that Court, and paid to the said Appellants.
Bp. Gloucester & al. Leave for a Bill:
After reading, and considering, the Report of the Judges to whom the Petition of Joseph Lord Bishop of Gloucester and others, the Trustees of the Will of Mr. Timothy Nourse deceased, and the Petition of the Governor, Deputy Governor, and others, the surviving Guardians of the Poor of the City of Gloucester; as also the Petition of the Mayor and Aldermen of the said City, whose Names are subscribed, were referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petitions and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for the repealing an Act of Parliament made in the First Year of Her late Majesty Queen Anne, intituled, An Act for the incorporating certain Persons, for the better providing for and setting at Work the Poor of the City of Gloucester; and for incorporating certain Persons, under the Name of the Governor, Deputy Governor, and Guardians, of the Charity-school and Poor of the City of Gloucester; and other Purposes therein mentioned."
Mr. Bateman's Committee revived.
Ordered, That the Committee to whom Mr. Bateman's Bill was committed be revived, and meet on Friday Morning next.
Skrvmsher's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for discharging certain Lands at Eccleshall, in the County of Stafford, from the Uses and Limitations contained in the Marriage Settlement of Thomas Boothby Skrymsher Esquire; and for settling other Lands, in the same County, of greater Value, to the same Uses."
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. Lovibond and Mr. Bennet Senior:
To carry down the said Bill, and desire their Concurrence thereunto.
Messages from thence, to return Sadler and Collier's Bill.
A Message was brought from the House of Commons, by Sir George Beaumont and others:
To return the Bill, intituled, "An Act for the Sale of the Moiety of a Farm, called Stony Grainge Farm, in the Isle of Ely, to Jabez Collier Gentleman; and for applying the Money arising thereby in the Purchase of other Lands, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
and Hawkins's Bill.
A Message was brought from the House of Commons, by Mr. Lade and others:
To return the Bill, intituled, "An Act for Sale of an Estate late of Henry Hawkins, Citizen of London, deceased, for the Benefit of his Widow and Children, and other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
Committee on Mr. Bateman's Bill, to receive a Proviso.
Upon reading the Petition of James Bateman Esquire and Anne his Wife, William Bateman and Richard Bateman, Esquires; praying, "That the Committee to whom the Petitioners Bill stands committed may be empowered to receive a Clause, providing, That, after purchasing full Seven Hundred Pounds per Annum in the County of Lincoln, it may be lawful for the Trustees to lay out any Sum, not exceeding One Thousand Pounds, in repairing the Mansion-house at Well, in the said County:"
It is Ordered, That the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that their Lordships be empowered to receive the Proviso, or a Clause to that Effect, as desired.
Insolvent Debtors Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for Relief of Insolvent Debtors."
Hatfield admitted in Forma Pauperis:
Upon reading the Petition of Jane Hatfield, alias Adams, alias Chichester, Widow and Relict of Leonard Hatfield Esquire, deceased; praying, "That the Petitioner may be admitted to defend the Appeal depending in this House, to which Leonard Hatfield Junior is Appellant, in Forma Pauperis; and that His Majesty's Attorney General and Solicitor General may be assigned her Counsel, and John Hamilton Esquire her Agent or Solicitor:"
And thereupon a Certificate of the Remembrancer of the Court of Exchequer in Ireland, expressing, "That the Petitioner was admitted by that Court to prosecute her Suit in Forma Pauperis," being read:
Counsel and Solicitor assigned.
It is Ordered, That the Petitioner be admitted in Forma Pauperis; and that His Majesty's Attorney General and Solicitor General be assigned her Counsel, and John Hamilton Esquire for her Agent or Solicitor, as desired.
E. Sutherland versus Dunbar & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Earl of Sutherland and Captain David Ross are Appellants, and Archibald Dunbar, James Blackwood, and Sir Thomas Calder, are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.
Messages from H. C. with Bills.
A Message was brought from the House of Commons, by Sir John Hynde Cotton and others:
With a Bill, intituled, "An Act for repairing Part of the Road from London to Cambridge, beginning at the End of the Parish of Foulmire, in the said County, next to Barly, in the County of Hertford, and ending at the Pavement in Trumpington-Street, in the Town of Cambridge;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Sir John Bland and others:
With a Bill, intituled, "An Act for repairing and widening the Road from Sherbrook Hill, near Buxton and Chappell in the Frith, in the County of Derby, to Manchester, in the County of Lancaster;" to which they desire the Concurrence of this House.
D. Bedford's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for settling the Estates of the most Noble Wriothesly Duke of Bedford, on his Marriage with the Right Honourable the Lady Anne Egerton, Daughter of the most Noble Scroop Duke of Bridgewater."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Ordered, That all the Lords who have been at any Time present in the House this Session, and not named of the Committee, who shall come, to have Voices.
Their Lordships, or any Five of them; to meet on Thursday the Eighteenth Day of this Inftant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Judge, in Person, to deliver in Reports on Private Bills.
Ordered, That One of the Judges, to whom any Petition for a Private Bill for the future shall be referred, do, in Person, deliver in the Bill, with their Report thereupon; and that the Lord on the Woolsack do acquaint the House therewith; and that such Judge do signify to the House, whether the Standing Orders in relation to Private Bills have been duly observed.
Houstoun versus Maxwell.
Upon reading the Petition and Appeal of Andrew Houstoun of Calderhall Esquire; complaining of so much of an Interlocutory of the Lords of Session in Scotland, of the Twelfth of July 1717, as finds, "That the Debts of Cultreoch (William the Father) were Burdens on the Subject disponed by him to his Son; and that the Petitioner, succeeding as Heir Male to the Estate of Cultreoch, contained in the said Disposition, in the Right and by virtue of that Disposition, is therefore obliged to relieve Sir Alexander Maxwell of the said Debts;" and likewise of an Interlocutory of the Twenty-ninth of November 1717, in a Cause wherein the Petitioner was Plaintiff, and Sir Alexander Maxwell and others were Defendants; and praying, "That the same may be reversed:"
It is Ordered, That the said Sir Alexander Maxwell may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, in a Week; that so both Causes may be heard together.
E. Rivers Estate, for Sale of, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Manor and Lands of and in Brignall, in the County of York, late the Estate and Inheritance of Richard Earl Rivers deceased, in Trustees, to be sold, towards discharging the Incumbrances affecting his Estate in the County of Chester," was committed: That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, with some Amendments."
Which, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the Bill, with the Amendments, be engrossed.
Adjourn.
Petrus King Miles, Capitalis Justiciarius Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 5o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Chief Justice of the Court of Common Pleas sat Speaker.
Hatfield versus Hatfield.
This Day the Answer of Jane Hatfield, alias Adams, alias Chichester, Widow, to the Appeal of Leonard Hatfield Esquire;
Stone versus E. Anglesey.
Also, the Answer of Arthur Earl of Anglesey, to the Appeal of Richard Stone Esquire;
As also, the Answer of Charles Sheriff and Richard Sheriff, to the Appeal of Volrath Tham Merchant;
Were brought in.
Sir G. Clifton's Bill.
The Earl of Yarmouth reported from the Lords Committees to whom the Bill, intituled, "An Act to explain and amend an Act passed in the Ninth Year of His present Majesty, intituled, An Act for vesting the Estates of Sir Gervas Clifton Baronet in Trustees, and to enable him to take an Estate for Life, by Way of Purchase, in Settlements intended to be made of his Estates, on the Marriage of Robert Clifton Esquire, his Son and Heir Apparent," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; 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 said Bill be engrossed.
Duff and Leslie versus E. of Buchan.
The House being moved, on the Behalf of David Earl of Buchan, Respondent to the Appeal of William Duff of Braco and Lesslie of Melross, "That a Day may be appointed, for hearing thereof:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Tuesday next after the Meeting upon the Recess at Easter.
Manchester Road Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Sherbrook Hill, near Buxton and Chappell in the Frith, in the County of Derby, to Manchester, in the County of Lancaster."
Ordered, That the said Bill be read a Second Time on this Day Fortnight.
Philips to take the Name of Goodwin, Bill.
The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling John Philips Esquire and his Issue to take and use the Surname of Goodwin," was committed: That the Committee had gone through the said Bill, and directed him to report the same to the House, without any Amendment."
Burke & Ux. versus O Brien:
After hearing Counsel, as well upon the Original Appeal of Richard Burke and Elizabeth his Wife; complaining of a Decree of the Court of Exchequer in Ireland, made the Twenty-second Day of June 1722, upon re-hearing the Cause formerly heard in that Court, wherein the Appellant was Plaintiff, and Christopher O Brien Esquire was Defendant; and praying, "That the same may be reversed, and the Appellants relieved: "As also upon the Cross Appeal of the said Christopher O Brien, to which the Appellants are Respondents; complaining of an Order, or Decree, of the said Court of Exchequer, made the Thirty-first of May 1722, and the several Orders of the said Court made on re-hearing the Cause, so far as the same decree the Leases made to the Appellant, of the Lands of Duogh, Lahenchy, and Ardnekelly, to be in Trust for Rickard and Elizabeth Burke; or order an Injunction to issue, for putting them in Possession thereof; or decree, "That the Appellant Christopher O Brien should accompt for the Rents and Profits of the said Lands; or that he should deliver to the said Rickard and Elizabeth the Lease of Rannagh, Ballyfadeen, Moymore, and Knockersea;" and praying, "That the same may be reversed, or rectified in those Particulars; and that the Original Bill exhibited by the Appellant Elizabeth, then Widow and Relict of one Patrick Hurly, deceased, may be dismissed:"
And the Counsel on both Sides having been fully heard; and due Consideration had of what was offered in these Causes:
Original Appeal dismissed, Decree and Orders reversed, and Original Bill dismissed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Original Appeal of the said Rickard Burke and his Wife be, and is hereby, dismissed this House; and that the said Decree and Orders of the said Court of Exchequer be, and are hereby, reversed; and that the said Original Bill in that Court be, and the same is hereby, dismissed.
E. Rivers Estate, for Sale of Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Manor and Lands of and in Brignall, in the County of York, late the Estate and Inheritance of Richard Earl Rivers, deceased, in Trustees, to be sold, towards discharging the Incumbrances affecting his Estate in the County of Chester."
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. Lovibond and Mr. Bennet Senior:
To carry down the said Bill, and desire their Concurrence thereunto.
Tham versus Sheriffs.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Volrath Tham Merchant is Appellant, and Charles Sheriff and Richard Sheriff are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.
Gloucester Poor, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the repealing an Act of Parliament, made in the First Year of Her late Majesty Queen Anne, intituled, An Act for the incorporating certain Persons, for the better providing for, and setting at Work, the Poor of the City of Gloucester; and for incorporating certain Persons, under the Name of the Governor, Deputy Governor, and Guardians, of the Charity School and Poor of the City of Gloucester; and other Purposes therein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Saturday the Twentieth Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
D. Bolton's Bill.
The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for explaining a Power contained in the Settlement of the Dutchess of Bolton's Estate, on her Marriage with the present Duke, and making the same more effectual for the Purposes thereby intended," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."
Which, being read Twice, were agreed to.
Ordered, That the said Bill, with the Amendments, be engrossed.
Cambridge Road Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for repairing Part of the Road from London to Cambridge, beginning at the End of the Parish of Foulmire, in the said County, next to Barly, in the County of Hertford, and ending at the Pavement in Trumpington-Street, in the Town of Cambridge."
Stone versus L. Altham:
Whereas, by Order of this House of the Eleventh of January last, Arthur Lord Altham, Richard Bayly, and Charles Annesley, Esquires, were required to put in their Answer or respective Answers to the Appeal of Richard Stone Esquire, on or before the Fifteenth of February following; which they have neglected to do, though duly served with the said Order for that Purpose:
And thereupon an Affidavit, made by William Nowlan of the City of Dublin, of the due Service of the said Order, being read:
To answer peremptorily.
It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal in a Week.
Bateman's Bill.
The Lords Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act to enable James Bateman Esquire to sell the Manor of Tooting Graveney, and all other his Estate, in the County of Surrey; and, with the Monies arising thereby, to purchase the Manors of Well and Alford, and other Lands, in the County of Lincoln, to be settled to the same Uses as the said Estate in Surrey stands settled," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."
Which, being read Twice, were agreed to.
Ordered, That the Bill, with the Amendements, be engrossed.
Martin versus Martin.
Whereas To-morrow is appointed, for hering the Cause wherein Richard Martin Esquire is Appellant, and John Martin is Respondent:
It is Ordered, That the Hearing the said Cause be adjourned to Tuesday next.
Adjourn.
Petrus King Miles, Capitalis Justiciatrius Commun. Placitor. declaravit præsens Parliamentum continunandum esse usque ad & in diem Lunæ octavum diem instantis Martii, hora undecima Auroræ, Dominis, sic decernentibus.
DIE Lunæ, 8o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Chief Justice of the Court of Common Pleas sat Speaker.
D. Bolton's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for explaining a Power contained in the Settlement of the Dutchess of Bolton's Estate, on her Marriage with the present Duke; and making the same more effectual, for the Purposes thereby intended."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Sir G. Clifton's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Ninth Year of His present Majesty, intituled, An Act for vesting the Estates of Sir Gervas Clifton Baronet in Trustees; and to enable him to take an Estate for Life, by Way of Purchase, in Settlements intended to be made of his Estates, on the Marriage of Robert Clifton Esquire, his Son and Heir Apparent."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. with the preceding Bills.
And Messages were severally sent to the House of Commons, by Mr. Lightboun and Mr. Edwards:
To carry down the said Bills, and desire their Concurrence thereunto.
Defendants, in Stapylton's Writs of Error, to join Issue.
The House was informed, "That, on the Fifth of February last, Two Writs of Error were brought into this House; in one of which, John Stapylton Esquire is Plaintiff, and Henry Shelburne Esquire Earl of Shelburne in the Kingdom of Ireland is Defendant; and in the other, the said Mr. Stapylton is likewise Plaintiff, and Marmaduke Wyvill Esquire is Defendant: And though the Plaintiff in the said Writs has assigned his Errors in due Time, yet the Defendants have not yet joined Issue:"
And it being thereupon moved, "To appoint a short Day for that Purpose:"
It is Ordered, That the said Defendants do join Issue accordingly, on or before this Day Sevennight.
Sheffield Hospital Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting in Trustees several Lands, Tenements, and Hereditaments, in the Counties of York and Derby, for the Maintenance of the poor Persons in the Hospital of Gilbert Earl of Shrewsbury, long since deceased, situate at Sheffield, in the said County of York; and for enlarging the Buildings of the said Hospital, and adding more poor Persons to those already established therein."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Saturday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Bateman's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable James Bateman Esquire to sell the Manor of Tooting Graveney, and all other his Estate, in the County of Surrey; and, with the Monies arising thereby, to purchase the Manors of Well and Alford, and other Lands, in the County of Lincoln, to be settled to the same Uses as the said Estate in Surrey stands settled."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Philips to take the Name of Goodwin, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enabling John Philips Esquire, and his Issue, to take and use the Surname of Goodwin."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. with the preceding Bills.
And Messages were severally sent to the House of Commons, by Mr. Lightboun and Mr. Edwards:
To carry down the First of the said Bills, and desire their Concurrence thereunto; and to acquaint them, that the Lords have agreed to the last mentioned Bill, without any Amendment.
Messages from thence, with Bills; and to return Visc. Irwin's Bill.
A Message was brought from the House of Commons, by Mr. Monson and others:
To return the Bill, intituled, "An Act to enable Arthur Lord Viscount Irwin to raise Money, by Mortgage or Sale of certain Estates, in the Counties of York, Lincoln, Oxon, and City of London, for Payment of Debts, Legacies, and Portions, charged thereupon; and to settle the Estates herein mentioned on Henry Ingram Esquire, his next Brother, and his Heirs;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
A Message was brought from the House of Commons, by Mr. Danvers and others:
With a Bill, intituled, "An Act to enable the Lords Commissioners of the Treasury, or Lord High Treasurer, for the Time being, to compound with Edmund Ashby, for his Part of a Debt due to the Crown, on account of his having been Surety for Benjamin Blundell, late Receiver General of the Land Tax and Duties on Houses for the County of Leicester;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Mr. Barnard and others:
With a Bill, intituled, "An Act to prevent Violences and Outrages being committed by any Persons, under Pretence of sheltering themselves from Debt, or any Process of Law, within the Hamlet of Wapping, Stepney, or elsewhere within the Weekly Bills of Mortality;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Colonel Poulteney and others:
With a Bill, intituled, "An Act to enable the Justices of the Peace for the East Riding of the County of York to take down the County Bridge, called Stanford Bridge; and to build a Stone Bridge, at a more convenient Place, over the River Darwent, in the said Riding, instead thereof;" to which they desire the Concurrence of this House.
D. of Kent's Petition referred to Judges.
Upon reading the Petition of Henry Duke of Kent; praying Leave to bring in a Bill, for settling or exchanging divers Manors, Lands, and Hereditaments, in the Counties of Essex, Suffolk, Bedford, Hertford, Northampton, and Leicester, in the Settlement made on the Marriage of Anthony Earl of Harold with Mary Countess of Harold, now his Widow, and divers Lands and Hereditaments, in the said County of Bedford, purchased since the said Settlement, for certain Estates in the Counties of Hereford, Monmouth, and Gloucester, which lie remote from the Bulk of the Petitioner's Estate, to be settled to the same Uses as the said last mentioned Estates stand settled:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer; 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: And further, That One of their Lordships do, in Person, deliver into this House the said Bill, with their Report thereupon; and that the Lord on the Woolsack do acquaint the House therewith; and the Judge, at the same Time, is to signify to their Lordships whether the Standing Orders in relation to Private Bills have been duly observed.
Ashby's Composition Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Lords Commissioners of the Treasury, or Lord High Treasurer, for the Time being, to compound with Edmund Ashby, for his Part of a Debt due to the Crown, on account of his having been Surety for Benjamin Blundell, late Receiver General of the Land Tax and Duties on Houses for the County of Leicester."
Eyre & al. versus Burke.
After hearing Counsel, in Part, upon the Petition and Appeal of Edward Eyre, Nicholas Darcy, and Dennis Daly, Esquires; complaining of an Order and Decree of the Court of Exchequer in Ireland, made the Twenty-fourth of February 1723; as also upon the Answer of Gerald Burke put in to the said Appeal:
It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow, at Eleven a Clock; and that the Cause wherein Richard Martin Esquire is Appellant, and John Martin is Respondent, appointed for that Day, be heard on Wednesday next; and the other Causes on Cause-days removed in Course.
Adjourn.
Petrus King Miles, Capitalis Justiciarius Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 9o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Chief Justice of the Court of Common Pleas sat Speaker.
Mitchell versus Craige.
This Day the Answer of Robert Craige and his Creditors, to the Appeal of William Mitchell Merchant, was brought in.
Eyre & al. versus Burke:
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Edward Eyre, Nicholas Darcy, and Dennis Daly, Esquires; complaining of an Order and Decree of the Court of Exchequer in Ireland, made the Twenty-fourth Day of February One Thousand Seven Hundred Twenty-three, in a Cause wherein Gerald Burke Esquire was Plaintiff, and the Appellants and others were Defendants; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed with Costs:" As also upon the Answer of the said Gerald Burke put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Decree affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Order and Decree therein complained of be, and is hereby, affirmed: And it is further Ordered, That the said Appellants do pay, or cause to be paid, to the said Respondent, the Sum of Fifty Pounds, for his Costs in respect of the said Appeal.
Wilkinson's Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable James Wilkinson and Trustees to make Leases for One, Two, or Three Lives, or for Years determinable on One, Two, or Three Lives, or a certain Number of Years, of the Lands, Tenements, and Hereditaments, in Ireland, comprized in his Marriage Settlement," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; 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 said Bill be engrossed.
State of the National Debt delivered.
The House being informed, "That a Person from the Exchequer attended:"
Mr. Chocke was called in; and delivered, at the Bar, pursuant to their Lordships Address to His Majesty.
A State of the National Debt, at the Receipt of His Majesty's Exchequer, provided or unprovided for by Parliament, from the Thirty-first of December 1722, to the Thirty-first of December 1723; and from the said Thirty-first of December 1723, to the Thirtyfirst of December 1724; together with an Accompt of the Produce of the Sinking Fund in each of those Years, and how much thereof has been applied towards sinking the said Debt, and how much thereof has been otherwise applied, and to what Uses, in each of those Years."
And then he withdrew.
And the Title of the said State was read.
Campbell versus Campbells; et è contra.
Whereas Thursday next is appointed, for hearing the Causes wherein George Campbell of Edinburgh Surgeon is Appellant, and Marion, Anna, and Elizabeth Campbell, Infants, and their Tutors and Curators, are Respondents; & è contra:
And the House being moved, "In regard there is a Treaty to accommodate the Matters in Difference in these Causes, that the Hearing the same may be adjourned for some Time:"
It is Ordered, That the Hearing the said Causes be adjourned till the First Thursday after the Recess at Easter.
Ashby's Composition Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Lords Commissioners of the Treasury, or Lord High Treasurer, for the Time being, to compound with Edmund Ashby, for his Part of a Debt due to the Crown, on account of his having been Surety for Benjamin Blundell, late Receiver General of the Land Tax and Duties on Houses for the County of Leicester."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Saturday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Stanford Bridge, Yorkshire, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Justices of the Peace for the East Riding of the County of York to take down the County Bridge, called Stanford Bridge; and to build a Stone Bridge, at a more convenient Place, over the River Darwent, in the said Riding, instead thereof."
Cambridge Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing Part of the Road from London to Cambridge, beginning at the End of the Parish of Foulmire, in the said County, next to Barly, in the County of Hertford, and ending at the Pavement in Trumpington Street, in the Town of Cambridge."
Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom Mr. Ashby's Composition Bill stands committed:
Their Lordships, or any Five of them; to meet on Friday next, at the same Place; and to adjourn as they please.
Sir J. Trelawney and his Brothers, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom the Petition of Sir John Trelawny Baronet, and of his Brothers Edward Trelawny and Hele Trelawny Esquires, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting in Trustees certain Manors, Lands, and Tenements, in the County of Cornwall, late the Estate of Sir Jonathan Trelawny Baronet (late Lord Bishop of Winchester), deceased, to be sold, for discharging certain Mortgages by him made thereof; and for other Purposes therein mentioned."
Adjourn.
Petrus King Miles, Capitalis Justiciarius Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 10o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Chief Justice of the Court of Common Pleas sat Speaker.
Maxwell's Answer to Houstoun's Appeal.
This Day the Answer of Sir Alexander Maxwell Baronet, to the Cross Appeal of Andrew Houstoun of Calderball Esquire, was brought in.
Hatfield versus Hatfield.
Upon reading the Petition of Jane Hatfield, alias Adams, alias Chichester, Widow, Respondent to the Appeal of Leonard Hatfield Esquire; praying, "That a short Day may be appointed, for hearing the said Cause:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First Thursday after the Recess at Easter.
Message from H. C. with a Bill.
A Message was brought from the House of Commons, by Mr. Polhill and others:
With a Bill, intituled, "An Act for enlarging the Term granted by an Act made in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for repairing and amending the Highways leading from Seven Oaks to Woodsgate and Tunbridge Wells, in the County of Kent; and for explaining and making more effectual the same Act; and for amending (out of the Tolls and Duties arising by the said Act, and this present Act) the Highways leading from Woodsgate aforesaid, to Kipping's Cross, in the Parish of Brenchly, in the said County of Kent;" to which they desire the Concurrence of this House.
Shelterers from Debt in Wipping, &c. Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to prevent Violences and Outrages being committed by any Persons, under Pretence of sheltering themselves from Debt, or any Process of Law, within the Hamlet of Wapping, Stepney, or elsewhere within the Weekly Bills of Mortality."
Lord Saltoun versus Fraser.
Upon reading the Petition and Appeal of Alexander Lord Saltoun; complaining of several Interlocutors of the Lords of Session in Scotland, of the Twenty-seventh of November 1719, and the Affirmances thereof; and of the Interlocutory Decree of the Twenty-third of July 1723, and Twenty-seventh of February last, in a Cause wherein Mr. William Fraser was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed:"
It is Ordered, That the said William Fraser may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the Seventh Day of April next.
Maxwell versus Houstoun.
Whereas Saturday next is appointed, for hearing the Cause wherein Sir Alexander Maxwell Baronet is Appellant, and Andrew Houstoun of Calderhall Esquire is Respondent; and the House being moved, "That the Hearing thereof may be put off for some Time, in regard there is a Cross Appeal, that so both Causes may be heard together:"
And the Parties on both Sides consenting thereto:
It is Ordered, That the Hearing the said Cause be adjourned to Tuesday the Twenty-third Day of this Instant March; and that the Cross Appeal of the said Andrew Houstoun be heard at the same Time.
Stanford Bridge, Yorkshire, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Justices of the Peace for the East Riding of the County of York to take down the County Bridge, called Stanford Bridge; and to build a Stone Bridge, at a more convenient Place, over the River Darwent, in the said Riding, instead thereof."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Friday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Gloucester Poor Bill:
Notice being taken, "That printed Copies of the Bill, for repealing the Act Primo Annæ Reginæ, for the incorporating certain Persons, for the better providing for and setting at Work the Poor of the City of Gloucester, are not lest with the Clerk of the Parliaments, for the Perusal of the Lords, pursuant to the Standing Order of the Sixteenth of November 1705:"
And thereupon the Order of Commitment of the said Bill, as also the said Standing Order, being read:
Time of Meeting of the Committee discharged, no printed Copies being lest with the Clerk.
It is Ordered, That the Order of Commitment of the said Bill, so far as it relates to the Time of Meeting of the said Committee, be discharged; and that no Motion for another Time for Meeting be made, till printed Copies thereof be lest with the Clerk, pursuant to the said Standing Order.
Mutiny Bill.
A Message was brought from the House of Commons, by Mr. Pelham and others:
With a Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.
Then the said Bill was read the First Time, and ordered to be read a Second Time on Friday next.
Martin versus Martin:
Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of Richard Martin Esquire; complaining of so much of an Order of the Court of Chancery in Ireland, made the Sixth of February 1721, in a Cause wherein John Martin was Plaintiff, and the Appellant and Anthony Martin were Defendants, as gave Liberty to the Plaintiff to reply to the Appellant's Answer and Plea; as also the Orders of the same Court of the Twentieth of November and Twenty-ninth Days of January 1723; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed."
And the Appellant's Counsel acquainting the House, That the Parties were come to an Agreement, with relation to the Matter upon which the said Appeal was brought; and did therefore desire the Proceedings of the said Court, complained of, might be reversed, and the said Plaintiff's Bill dismissed:"
And the Respondent, in Person, at the Bar, consenting thereunto; as did likewise the Appellant's Agent:
Orders reversed, and Plaintiff's Bill dismissed, without Costs, by Consent.
It is therefore Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That such Part of the Order of the said Court, of the Sixth of February One Thousand Seven Hundred Twenty-one, as in the said Appeal is complained of, as also the other Orders of the said Court abovementioned, be, and the same are hereby, reversed; and that the said Plaintiff's Bill in that Court be dismissed, without Costs.
Wilkinson's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to enable James Wilkinson and Trustees to make Leases for One, Two, or Three Lives, or for Years, determinable on One, Two, or Three Lives, or a certain Number of Years, of the Lands, Tenements, and Hereditaments, in Ireland, comprized in his Marriage Settlement."
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. Lightboun and Mr. Edwards:
To carry down the said Bill, and desire their Concurrence thereunto.
Tunbridge Highways Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act, made in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for repairing and amending the Highways leading from Seven Oaks to Woodsgate and Tunbridge Wells, in the County of Kent;" and for explaining and making more effectual the same Act; and for amending (out of the Tolls and Duties arising by the said Act and this present Act), the Highways leading from Woodsgate aforesaid, to Kippings Crosse, in the Parish of Brenchly, in the said County of Kent."
Edgworth's Complaint against the Register of the Chancery in Ireland.
Upon reading the Petition of Edward Edgworth Esquire, Appellant in a Cause depending in this House, to which Mead Swist Gentleman is Respondent; complaining, amongst other Things, "That an Order of the Court of Chancery in Ireland, of the Eighth of December 1720, for continuing an Injunction against the Petitioner, was not drawn up; and that the Deputy Register of the said Court resused to give or permit him to take a Copy of the Minutes, taken on Motions made in the said Court, for an Order to prove Exhibits vivâ voce on hearing;" and praying, That the said Register may be ordered to draw up certain Orders, particularly the said Order of the Eighth of December, and to give the Petitioner a Copy of the said Minutes; and that the Hearing the said Cause may be put off in the mean Time; and that this House will further order, That Cause be shewn, why the Petitioner should not be repaired his great Expences and Costs, occasioned by the so unjustly resusing him Copies of the said Minutes in Manner aforesaid:"
And thereupon the Petitioner as likewise Mr. Cole the Respondent's Agent were called in; and the Petitioner, being sworn, was heard in Support of the Allegations of the said Petition; and the said Cole was heard in relation to this Matter.
And being withdrawn:
It is Ordered, That a true Copy of the Minutes be delivered to the Petitioner, or his Agent; and the said Order of the Eighth of December One Thousand Seven Hundred and Twenty be drawn up, and a Copy thereof delivered to him: And in regard Oath was made, at the Bar, "That the Officer did refuse to deliver to the Petitioner a Copy of the said Minutes;" and alledged, He had Directions from the said Lord Chancellor for such his Resusal;" it is further Ordered, That the Register of the said Court do, at the Time of hearing the said Appeal, shew Cause to the House, why he should not pay the Petitioner the Costs occasioned to him by the said Resusal; and that the Order, appointing a Time for hearing the said Appeal, be discharged; but that either Side be at Liberty hereafter to apply to this House, to appoint another Time for hearing the same.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum, esse usque ad et in diem Veneris, duodecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.