House of Lords Journal Volume 20: 19 December 1717

DIE Jovis, 19 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Bathurst & al. for a Bill, referred to Judges.

Upon reading the Petition of Allen Lord Bathurst, Peter Bathurst and Benjamin Bathurst Esquires, the Three Sons of Sir Benjamin Bathurst Knight deceased, for themselves, and in Behalf of their respective Children, who are all Infants, Finetta the Wife of the said Benjamin Bathurst, Henry Pye Esquire and Anne his Wife, sole Daughter of the said Sir Benjamin Bathurst, and Dame Frances Bathurst Relict of the said Sir Benjamin Bathurst; praying, "That Leave may be given to bring in a Bill, for confirming Agreements made by the Petitioners, for ascertaining the Personal Estate of the said Sir Benjamin Bathurst, and the several Shares thereof, and allowing the several Purchases made therewith, and establishing the Settlements made, or agreed to be made, of the same:"

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 Mr. Baron Price and Mr. Justice Dormer; 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.

E. Suffolk takes the Oaths.

This Day Henry Earl of Suffolk and Bindon took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Wood versus Cranmer.

A Petition of Charles Wood, alias Cranmer, Esquire, was presented to the House, and read; setting forth, That the Appeal of the Petitioner, to which Anne Cranmer is Respondent, was appointed to be heard as Yesterday; but, since the said Appointment, the Petitioner and the Respondent have accommodated the Matters in Difference between them;" and praying, In regard the said Cause standing adjourned over to be heard on this Day, that the said Appeal may be dismissed, and the Decree appealed from affirmed without Costs; the Respondent consenting thereunto."

And thereupon the Appellant, being called in, acknowledged, "That he signed the said Petition; and expressed his Desire, that the Prayer thereof might be granted."

And withdrew.

Then John Jodrell was called in; and attested upon Oath, at the Bar, "That the Respondent Anne Cranmer was privy to the Contents of the said Petition, and did sign the Words under-written, "that the consented to the Prayer thereof;" and desired it might be so ordered."

And then he withdrew.

Ordered, That the said Petition and Appeal be, and is hereby, dismissed this House, according to the Prayer of the said Petition of the Appellant.

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

Upon reading the Petition of William Duke of Devonshire, on the Behalf of himself and William Cavendish Esquire, commonly called Marquis of Hartington, his Eldest Son and Heir Apparent, an Infant; praying, "That Leave may be given to bring in a Bill, for settling and assuring divers Manors, Lands, Tenements, Rectories, Advowsons, and Hereditaments, in the several Counties of Huntington, York, Derby, Stafford, Lancaster, and Nottingham, for the Benefit of the Petitioner's said Son, and Catherine Hoskins an Infant, only Child of John Hoskins, late of St. Andrew, Holborn, Esquire, deceased, his intended Wife, and so as a suitable Provision be made for the Issue between them Two to be begotten:"

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

Eversfield's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Tenements, in the County of Sussex, Part of the Estate of Charles Eversfield Esquire, in Trustees, for a present Provision for his Son, and for the Payment of the Debts of the said Charles Eversfield."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Friday the Third Day of January next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Lord Harborough's Petition referred to Judges.

Upon reading the Petition of Bennet Lord Harborough, Francis Kelham Clerk, and Francis Storer Clerk; praying, "That Leave may be given to bring in a Bill, for making effectual an Exchange between his Lordship and the said Francis Kelham, of an Annuity of Fiftyfive Pounds, in Lieu of the Tithes of Saxby, in the County of Leicester, and Lands of Inheritance of greater Value in Lieu of the Glebe there; and also an Agreement between his Lordship and the said Francis Storer, for settling an Annuity of Six Pounds, in Lieu of the Tithes of Lands in Saxby Common Field; the Bishop of Lincoln consenting:"

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 Powys; 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.

E. Clanriccard, &c. versus Col. Burke.

The House being moved, "That a Day may be appointed, for hearing the Appeal of the Right Honourable John Earl of Clanriccard of the Kingdom of Ireland, and Michael Lord Dunkellin his Eldest Son, whereunto Thomas Bourke Esquire and the Countess Dowager of Clanriccard his Wife are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First Day of Sitting after the approaching Recess.

Bp. Durham versus Sir H. Liddell.

The House being moved, on the Behalf of Sir Henry Liddell Baronet, Respondent to the Appeal of the Right Honourable Nathaniel Lord Crew, Lord Bishop of Durham; "That a Day may be appointed, for hearing the same:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Second Day of Sitting after the approaching Recess.

Kennedy & al. versus Pigott & al.

The House being moved, "That a Day may be appointed, for hearing the Cause depending in this House, wherein Richard Kennedy and Mary his Wife and others are Appellants, and John Pigott, George Monk, and others, Respondents:"

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

Bp. Durham's Agent to enter into a Recognizance.

The House being moved, "That the Agent for the Lord Bishop of Durham may be permitted to enter into a Recognizance, on account of his Appeal depending in this House, it being inconvenient for his Lordship to do it in Person:"

It is Ordered, That the Agent for the said Lord Bishop may enter into a Recognizance for his Lordship accordingly.

Austen & al. versus Nicholas.

The House being moved, on Behalf of Mathew Nicholas Clerk, Respondent to the Appeal of Robert Austen Esquire and others, presented to this House the last Session of Parliament, "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 Third Day of Setting after the approaching Recess, unless the same happens on the Day already appointed for hearing Kennedy's Appeal.

Burk versus Morgan.

Upon reading the Petition of Richard Burk, Plaintiff in a Writ of Error depending in this House, in which Richard Morgan is Defendant; praying, "That a Day may be appointed, for arguing the same:"

It is Ordered, That this House will hear the Errors argued in this Case, by Counsel, at the Bar, on Wednesday the Fifteenth Day of January next, at Eleven a Clock.

Adjourn.

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