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, 11-20', 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/pp446-469 [accessed 23 December 2024].
'House of Lords Journal Volume 22: March 1725, 11-20', in Journal of the House of Lords: Volume 22, 1722-1726( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol22/pp446-469.
"House of Lords Journal Volume 22: March 1725, 11-20". Journal of the House of Lords: Volume 22, 1722-1726. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol22/pp446-469.
In this section
March 1725, 11-20
DIE Veneris, 12o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Chief Justice of the Court of Common Pleas sat Speaker.
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 continuing the several Annuities of Eighty-eight Thousand Seven Hundred Fifty-one Pounds, Seven Shillings, and Ten Pence Half-penny, and One Hundred Thousand Pounds, to the Bank of England, until Midsummer One Thousand Seven Hundred Twenty-seven; and from thence, for reducing the same to Seventy-one Thousand and One Pounds, Two Shillings, and Three Pence Three Farthings, and Eighty Thousand Pounds, redeemable by Parliament; and for preventing the uttering of forged, counterfeited, or erased, Bank Bills or Notes;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Mr. Sandys and others:
With a Bill, intituled, "An Act for rating such unrated Goods and Merchandizes as are usually imported into this Kingdom, and pay Duty ad Valorem, upon the Oath of the Importer; and for ascertaining the Value of all Goods and Merchandizes not inserted in the former or present Book of Rates; and for repealing certain Duties upon Drugs and Rags; and for continuing the Duty upon Apples; and for ascertaining the Method of admeasuring Pictures imported;" to which they desire the Concurrence of this House.
Mutiny Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."
Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next; and the Lords to be summoned.
Lattin and Moore versus Robinson et. al.
After hearing Counsel, upon the Petition and Appeal of Patrick Lattin and Michael Moore Esquires; complaining of certain Orders of the Court of Chancery in Ireland, of the Sixth and Twenty-first of May last, in a Cause wherein George Robinson and Anne his Wife, and William Court were Plaintiffs, and the Appellants Defendants; and praying, "That the same may be reversed, and the Plaintiffs Bill dismissed, with Costs:" As also upon the Answer of the said George Robinson and Anne his Wife, and William Court, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Orders affirmed with Costs, and Directions given.
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 Orders, as to the several Matters therein complained of, be, and are hereby, affirmed; and that the Appellants shall pay, or cause to be paid, to the Respondents, the Sum of Sixty Pounds, for their Costs in respect of the said Appeal: And it is hereby further Ordered, That nothing, in this Judgement contained shall be taken to be binding upon the Personal Estate of the Testator William Alcock, with relation to the several Statutes in the Proceedings mentioned, or any of them; but every Person interested in or claiming Title to the said Personal Estate shall be at Liberty to disprove the said Statutes, or any of them, and whether any Thing be due thereon, either in this present Suit or in the Court of Exchequer, or in any other Manner, as they shall be advised.
Mcculloch versus Mcculloch.
Upon reading the Petition and Appeal of David Mcculloch of Pilton; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, made the Nineteenth of February 1723/4, the Third, Eighteenth, and Days of July, the First of January, and the Affirmances thereof; and the Interlocutory of the Twentieth of February last, in a Cause wherein Christian Mcculloch was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed:"
It is Ordered, That the said Christian Mcculloch may have a Copy of the said Appeal; and shall and she is hereby required to put in her Answer thereunto, in Writing, on or before Friday the Ninth Day of April next.
Wickham et Ux. Petition referred to Judges.
Upon reading the Petition of William Wickham of Gazzington in the County of Oxon Esquire and Mary his Wife, on Behalf of themselves and their Six Infant Children; praying Leave to bring in a Bill, for Sale of certain Manors and Premises, in Stainton and Barlings, or elsewhere, in the County of Lincoln, lying remote from the Petitioners other Estates; and for putting out the Monies arising thereby at Interest, so as to be ready to advance their Children in the World:
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. Baron Gilbert; 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 the Judges 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.
Cambridge Road Bill:
The Lord Delawarr reported from the Lords Committees to whom the 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," was committed: That the Committee had gone through the said Bill, and directed him to report the same to the House, without any Amendment."
Stanford Bridge, Yorkshire, Bill.
The Lord Delawarr also reported from the Lords Committees to whom the 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," was committed: "That the Committee had gone through the said Bill, and directed him to report the same to the House, without any Amendment."
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 15o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Georgius Princeps Walliœ.
PRAYERS.
The Lord Chief Justice of the Court of Common Pleas sat Speaker.
Tunbridge Highways Bill.
Hodie 2a 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."
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 Thursday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Message from H. C. to return Rushout's Bill.
A Message was brought from the House of Commons, by Mr. Peere Williams and others:
To return the Bill, intituled, "An Act for enabling Elizabeth Rushout, Lady of the Manor of Overswell, in the County of Gloucester, to enclose all and every the Lands lying within the said Manor or Parish of Overswell, in Pursuance of several Agreements therein mentioned to have been made between the said Elizabeth Rushout and the Rector of the Parish aforesaid, and between the said Elizabeth and the Churchwarden and Parishioners of the said Parish; and to establish the said Agreements;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
Gloucester Poor Bill:
The House was informed, "That printed Copies of the Bill, 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," were some Days since left with the Clerk."
And it being thereupon moved, "That a Time might be appointed, for meeting of the Committee to whom the said Bill was committed:"
It is Ordered, That the said Committee do meet, to proceed in the Consideration of the said Bill, the Second Day after the Recess at Easter.
Ashby's Composition Bill:
The Earl of Harborough reported from the Lords Committees to whom the 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," was committed: "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."
Then the said Bill was read the Third Time.
And the Question being 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. Holford and Mr. Thurston:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Mead versus Swanton:
Whereas Saturday next is appointed, for hearing the Cause wherein the Reverend Dominick Mead is Appellant, and Henry Swanton Gentleman is Respondent:
And the House being moved, "That the Hearing thereof may be put off for some Time, in regard the Respondent's material Papers are not yet arrived from Ireland."
Hearing adjourned.
Thereupon the Agents on both Sides were called in.
And the Appellant's Agent consenting the hearing the same might be adjourned to a Bye-day after Easter;
And being withdrawn:
It is Ordered, That the said Hearing be adjourned to the First vacant Day after the Recess at Easter, not being an ordinary Day for hearing Causes.
Shelterers from Debt in Wapping, &c. Bill.
Hodie 2a 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."
Ordered, That the said Bill be committed to a Committee of the whole House, on the First Tuesday after the Recess at Easter; and that a Copy thereof be sent to the Judges in Town; and that they do then attend.
Lord and Lady Pagest versus D. Bridgewater:
After hearing Counsel, upon the Petition and Appeal of Thomas Catesby Pagett Esquire commonly called Lord Pagett, and the Lady Elizabeth his Wife; complaining of a Decree, or Decretal Order, made in the Court of Chancery, the Ninth Day of December 1723, in certain Causes, wherein the Lady Elizabeth Egerton, now the Wife of the said Lord Pagett, by Original Bill; and the said Lord Pagett and the Lady Elizabeth his Wife, by Bill of Revivor, were Plaintiffs, and Scroop Duke of Bridgewater and John Peirce Gentleman were Defendants; and wherein the said Duke of Bridgewater was Plaintiff, and the said Lord Pagett and the Lady Elizabeth his Wife, and the said John Peirce, were Defendants; and praying, "That the same may be reversed:" As also upon the Answers of the said Scroop Duke of Bridgewater and John Peirce put in to the said Appeal:
And a Debate arising, upon Consideration of what was offered on either Side in this Cause:
Debate adjourned.
It is Ordered, That the said Debate be adjourned till To-morrow, at One a Clock; and the Lords to be summoned.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum sextum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 16o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Georgius Princeps Walliœ.
PRAYERS.
The Lord Chief Justice of the Court of Common Pleas sat Speaker.
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 continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His-Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Twenty-five; and for transferring the Deficiency of a late Malt Act to this Act; and for explaining a late Act, in relation to Stamp Duties on News Papers; and for appropriating the Supplies granted in this Session of Parliament; and for disposing certain Overplus Money to proper Objects of Charity; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed; and for giving further Time to Clerks and Apprentices, to pay Duties, omitted to be paid, for their Indentures and Contracts;" to which they desire the Concurrence of this House.
Also, a Message was brought from the House of Commons, by Mr. William Chetwynd and others:
With a Bill, intituled, "An Act to naturalize Mary Marie de la Croze;" to which they desire the Concurrence of this House.
Lord and Lady Pagett versus D. Bridgewater.
The Order of the Day being read, for resuming the adjourned Debate Yesterday; after hearing Counsel, upon the Petition and Appeal of Thomas Catesby Pagett Esquire commonly called Lord Pagett and the Lady Elizabeth his Wife; complaining of a Decree, or Decretal Order, made in the Court of Chancery, the Ninth Day of December 1723, in certain Causes, wherein the Lady Elizabeth Egerton, now the Wife of the said Lord Pagett, by Ori ginal Bill, and the said Lord Pagett and the Lady Elizabeth his Wife by Bill of Revivor, were Plaintiffs, and Scroop Duke of Bridgewater and John Peirce Gentleman were Defendants; and wherein the said Duke of Bridgewater was Plaintiff, and the said Lord Pagett and the Lady Elizabeth his Wife, and the said John Peirce, were Defendants; and praying, "That the same may be reversed:" As also upon the Answers of the said Scroop Duke of Bridgewater and John Peirce put in to the said Appeal:
And the House being informed, "That there is an Agreement between the Parties:"
Debate adjourned.
It is Ordered, That the said Debate be further adjourned till To-morrow, at Twelve a Clock; and the Lords to be summoned; and that One Counsel of a Side do then attend.
Messages from H. C. with a Bill; and to return Blacket's Bill.
A Message was brought from the House of Commons, by Sir Justinian Isham and others:
With a Bill, intituled, "An Act for making more effectual an Act passed in the Parliament holden in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Mr. Banks and others:
To return the Bill, intituled, "An Act for vesting Part of the Estate of Sir Edward Blacket Baronet in Trustees, to be sold, for raising Eight Thousand Pounds, charged thereupon by his late Brother's Marriage Settlement;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
Mutiny Bill:
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."
And, after some Time spent therein, the House was resumed.
And the Lord Delawarr reported from the said Committee, "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
Ordered, That the said Bill be read the Third Time on Thursday next; and the Lords to be summoned.
Rating unrated Goods, &c. Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act for rating such unrated Goods and Merchandizes as are usually imported into this Kingdom, and pay Duty ad Valorem, upon the Oath of the Importer; and for ascertaining the Value of all Goods and Merchandizes not inferted in the former or present Book of Rates; and for repealing certain Duties upon Drugs and Rags; and for continuing the Duty upon Apples; and for ascertaining the Method of admeasuring Pictures imported."
Ordered, That the said Bill be read a Second Time, To-morrow.
Westhaughton Waste Grounds to enclose, Bill.
The Lord Steward presented to the House a Bill, intituled, "An Act to enclose divers Parcels of Waste Grounds, lying and being in Westhaughton, in the County Palatine of Lancaster."
Then the said Bill was read the First Time.
River Nine navigable, Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Parliament, holden in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable."
Malt Duties Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Twentyfive; and for transferring the Deficiency of a late Malt Act to this Act; and for explaining a late Act in relation to Stamp Duties on News Papers; and for appropriating the Supplies granted in this Session of Parliament; and for disposing certain Overplus Money to proper Objects of Charity; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed; and for giving further Time to Clerks and Apprentices, to pay Duties omitted to be paid for their Indentures and Contracts."
Address for Money issued to Half-pay Officers.
Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to direct the proper Officers to lay before this House an Accompt how much of the Money, appropriated by Parliament for the Years One Thousand Seven Hundred Twenty-two, One Thousand Seven Hundred Twenty-three, and One Thousand Seven Hundred Twenty-four, to the Payment of Half-pay Officers, hath been issued to such Half-pay Officers, and how much of the Surplus of such appropriated Sums hath been paid to Charities, pursuant to the respective Acts of Parliament relating thereunto; and that such Accompt be distinctly for each of the said Years."
Ordered, That the said Address be presented to His Majesty, by the Lords with White Staves.
Parker's Petition to receive Appeal.
A Petition of Margaret Parker Widow, was presented to the House, and read; praying, "That her Appeal, against certain Proceedings of the Court of Chancery, may be received, as if the same had been presented in due Time; or that all further Proceedings may be stayed."
And a Motion being made, "To dispense with the Standing Order for limiting the Time for bringing in Appeals, so far as that this Appeal may be received this Session:"
It is Ordered, That, on Thursday next, this House will take the said Motion into Consideration; and the Lords to be summoned.
Insolvent Debtors Bill:
Ordered, That the Bill, intituled, "An Act for Relief of Insolvent Debtors," be read a Second Time on Thursday next.
Sir John Trelawney's Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting in Trustees certain Manors, Lands, and Tenements, in the County of Cornwal, late the Estate of Sir Jonathan Trelawney Baronet (late Lord Bishop of Winchester), deceased, to be sold, for discharging certain Mortgages by him made thereof; and for 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 the First Day after the Recess at Easter, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Thorowgood to change his Name to Lord, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Simon Thorowgood Gentleman to change his Surname of Thorowgood to that of Lord."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees beforenamed:
Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; 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, decimum septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 17o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Chief Justice of the Court of Common Pleas sat Speaker.
L. and Ly. Pagett versus D. of Bridgewater and Peirce:
The Order of the Day being read, for resuming the adjourned Debate, which arose on Consideration of what was offered, by Counsel, on Monday last, upon hearing the Cause wherein Thomas Catesby Pagett Esquire commonly called Lord Pagett and the Lady Elizabeth his Wife are Appellants, and Scroop Duke of Bridgewater and John Peirce Gentleman are Respondents:
And One Counsel of a Side attending, according to the Order Yesterday:
They were called in.
And Mr. Solicitor General, on the Part of the Appellants, acquainted the House, "That the said Parties were come to an Agreement; and that the same was put into Writing, and signed as well by the said Duke of Bridgewater as the said Lord Pagett."
And Mr. Attorney General, on the Part of the said Duke, likewise acquainting the House, "That his Grace did consent to, and had signed, the said written Agreement:"
The same was delivered in, at the Bar.
And the Counsel were directed to withdraw.
And being withdrawn:
The said written Agreement was read, by the Clerk.
Decree reversed, by Agreement.
And, after Consideration had in relation to this Matter, it is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, according to the said written Agreement, "That the Decree of the Court of Chancery, made the Ninth Day of December One Thousand Seven Hundred Twenty-three, complained of in the Appeal of the said Lord Pagett and Elizabeth Lady Pagett his Wife, be, and is hereby, reversed; and that the said Appellants shall have and enjoy, to and for their own Use and Benefit, the strong Box mentioned in the last Will of the late Countess of Bridgewater, and the Chest of Drawers to which the said strong Box was affixed, and the Three Hundred Pounds Bank Stock, mentioned in a Note, or Declaration of Trust, dated the Thirteenth Day of March One Thousand Seven Hundred and Two, under the Hand of the Respondent Peirce, whereby he promised to transfer to the said Countess Three Hundred Pounds Bank Stock at Demand, and to be accomptable for all Dividends thereon until such Transfer; and also that the said Appellants shall have and enjoy, to and for their own Use and Benefit, the several Annuities issuing out of the Exchequer for the Residue of Ninety-nine Years, which are mentioned or described in One other Note or Declaration of Trust dated the Twenty-second Day of June One Thousand Seven Hundred and Five, under the Hand of the said Peirce, and all Dividends and Yearly Payments, which became due or payable at any Time since the Decease of the said late Countess, for or in respect of the said Three Hundred Pounds Bank Stock, or of the said Annuities, or any or either of them, which said several Notes or Declarations of Trust were found in the said Drawers or One of them, at the Opening thereof soon after the Decease of the said Countess; and also that the said Appellants shall retain, have, and enjoy, to and for their own Use and Benefit, One Bank Note for Two Hundred Pounds, and Three Exchequer Notes for One Hundred Pounds each, and all the Gold and Silver which were found in any of the Drawers of the said Chest at the Time of the Opening thereof as aforesaid; and that the Respondents, or One of them, at the Request and at the Charge of the said Appellants, shall transfer and assign to the said Appellants the said Three Hundred Pounds Bank Stock, and the said several Annuities issuing out of the Exchequer, and deliver to the said Appellants the several Tallies and Orders relating thereto: And that the said Respondent the Duke of Bridgewater shall have and enjoy, to his own proper Use and Benefit, as Part of the Residuum of the Personal Estate of the said Countess, the several Stocks specified in One other Note or Declaration of Trust, dated the Eighteenth Day of March One Thousand Seven Hundred and Fourteen, and signed by the said Peirce, which was also found in One of the said Drawers at the Opening thereof as aforesaid (except so much of the South Sea Stock of Two Thousand Pounds therein mentioned as appears, by an Indorsement, signed by the said Countess, on the said Note, to have been transferred by the Respondent Peirce by her Order), together with all Dividends, for or in respect of the said several Stocks mentioned in the said Note of the Eighteenth of March One Thousand Seven Hundred and Fourteen, which became due or payable since the Death of the said Countess; and that the said last mentioned Note, or Declaration of Trust, be delivered by the Appellants to the Respondent the Duke of Bridgewater; and that the Respondent Peirce shall have his Costs in both the said Causes, to be taxed by the said Court, and be paid to him out of the Residuum of the Personal Estate of the said Countess; but as between the Appellants and the Respondent the Duke of Bridgewater there is to be no Costs on either Side: And that if any Question shall hereafter arise between the said Parties, touching the Matters aforesaid, this Judgement shall be carried into Execution by the said Court of Chancery."
D. of Kent, Leave for a Bill.
The Lord on the Woolsack acquainted the House, That the Lord Chief Baron of the Court of Exchequer had a Report to deliver in, from the Judges to whom the Petition of Henry Duke of Kent was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned."
And thereupon the Lord Chief Baron delivered in the said Report; and signified to the House the Nature of the Matters contained in the Bill; and submitted it to the House, how far their Lordships Standing Order has been complied with, in relation to the Parties that may be concerned signing the Petition.
And, after reading, and considering, the said Report, it is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Dutch. Dowager of Mailborough & al. touching the D. of Bedford's Bill.
Upon reading the Petition of Sarah Dutchess Dowager of Marlborough, Francis Earl of Godolphin, John Hanbury and William Clayton Esquires, Executors of the last Will of John late Duke of Marlborough; praying, "That due Provision may be made in the Bill, 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;" to ascertain the Sum which is payable by the Petitioners, and at what Time, and to whom they may with Safety pay the same, and upon such Payment be legally discharged:"
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed.
Sheffield Hospital Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, 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," was committed: "That the Committee had considered the said Bill, and made some Amendments thereunto."
Which were read Twice, and agreed to.
Ordered, That the said Bill, with the Amendments, be engrossed.
Hester's Bill.
The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming and rendering effectual an Agreement made between Anne Hester Widow, William Hester, and Anne Hester the Younger; and for vesting in Trustees certain Messuages and Tenements, in the Parish of St. Olave, in Southwark, in the County of Surry, to enable them to convey the same, pursuant to Articles of Agreement made for Sale thereof; and for other Purposes therein mentioned," 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 were read Twice, and agreed to.
Ordered, That the said Bill, with the Amendments, be engrossed.
Sir F. Burke's Pet. referred to Judges.
Upon reading the Petition of Sir Festus Burke Baronet; praying Leave to bring in a Bill, for Sale of Part of an Estate, in the County of Gallway, in the Kingdom of Ireland, towards discharging the Debts and Incumbrances affecting the same; and for charging the Remainder thereof with a Rent Charge of Five Hundred Pounds per Annum, as and for the Jointure of Dame Letitia Burke the Petitioner's Wife, according to her Marriage Agreement; and for settling the rest and Residue of the said Estate, to the Uses, and upon the Trusts, Intents, and Purposes, in a certain Indenture mentioned in the said Petition:
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. Baron Gilbert; 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 the Judges do, in his 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.
Thorowgood, to take the Name of Lord, Bill.
The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Simon Thorowgood Gentleman to change his Surname of Thorowgood to that of Lord," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."
Litherland & al. Bill.
Also, the Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act to enable certain Trustees, therein named, to make a Conveyance of Lands, in Thringston, in the County of Leicester, in Pursuance of Articles of Agreement entered into for that Purpose," was committed: That they had considered the said Bill, and sound the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the said Bill, and made One Amendment thereunto."
Which was read Twice, and agreed to.
Ordered, That the said Bill, with the Amendment, be engrossed.
Stapvlton versus E. of Shelburne and Wyvill, in Error:
The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon Two Writs of Error depending in 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:"
It is Ordered, That this House will hear the said Errors argued, by Counsel on both Sides, at the Bar, on the First vacant Day for Causes after those already appointed.
Mitchell versus Craig & al.
Upon reading the Petition of William Mitchell of London Merchant, Appellant in a Cause depending in this House, to which Robert Craige Esquire and his Creditors and William and Jane Denniston are Respondents; praying, "That the said Cause may be heard the next Cause-day in Course, as to the Respondents who have answered; and be heard ex Parte as to William and Jane Denniston, who, by Order of this House of the Twenty-sixth of February last, were required peremptorily to put in their Answer to the said Appeal in a Week, and have neglected so to do:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the next vacant Day for Causes after those already appointed; and be heard ex Parte as to the said William and Jane Denniston, according to the Prayer of the said Petition, in case they do not put in their Answer in the mean Time.
Sheldon's Bill.
The Lord Guilford reported from the Lords Committees to whom the Bill, intituled, "An Act for the Sale of the Manors of Middle Ditchford, alias Freeman's Ditchford, Guys 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," 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 said Bill, and directed him to report the same to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
Cambridge Road Bill:
Hodie 3a 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."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Stanford Bridge Bill:
Hodie 3a 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."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Two preceding Bills.
And Messages were severally sent to the House of Commons, by Mr. Bennet Junior and Mr. Thurston:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
De la Croze, Nat. Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to naturalize Mary Marie de la Croze."
E. of Exeter's Pet. referred to Judges.
Upon reading the Petition of Brownlowe Earl of Exeter, William Aislabie Esquire and the Lady Elizabeth his Wife; praying Leave to bring in a Bill, for Sale of several Manors, Messuages, Farms, Lands, Tenements, Rents, Woods, and Hereditaments, lying and being in the several Counties of Lincoln and Middlesex, or One of them, for Payment of the Debts, Funeral Charges, and Legacies, of Elizabeth late Countess of Exeter, deceased:
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. Baron Gilbert; 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 the Judges 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.
Malt Duties, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Twenty-five; and for transferring the Deficiency of a late Malt Act to this Act; and for explaining a late Act in relation to Stamp Duties on News Papers; and for appropriating the Supplies granted in this Session of Parliament; and for disposing certain Overplus-money to proper Objects of Charity; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Eyre versus Blake & al.:
A Petition of Luke Martin, Agent for Edward Eyre Esquire, Appellant in a Cause depending in this House, to which Thomas Blake, Ulick Burke, and Walter Taylor, are Respondents, was presented to the House, and read; and praying, "In regard a certain Deed is wanting, which may be material to be produced at the Hearing this Cause, that the Hearing the same may be put off for some Time:"
And thereupon the Petitioner and Mr. Lewellin the Respondent's Agent were called in, and heard in relation to the Allegations of the said Petition.
And being withdrawn:
Pet. rejected.
It is Ordered, That the said Petition be rejected.
Rating unrated Goods, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for rating such unrated Goods and Merchandizes as are usually imported into this Kingdom, and pay Duty ad Valorem, upon the Oath of the Importer; and for ascertaining the Value of all Goods and Merchandizes not inserted in the former or present Book of Rates; and for repealing certain Duties upon Drugs and Rags; and for continuing the Duty upon Apples; and for ascertaining the Method of admeasuring Pictures imported."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Westhaughton, to enclose, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enclose divers Parcels of Waste Grounds, lying and being in Westhaughton, in the County Palatine of Lancaster."
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 Monday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Bank Annuities, to continue, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for continuing the several Annuities of Eighty-eight Thousand Seven Hundred Fifty-one Pounds Seven Shillings and Ten Pence Halfpenny, and One Hundred Thousand Pounds, to the Bank of England, until Midsummer One Thousand Seven Hundred Twenty-seven; and from thence for reducing the same to Seventy-one Thousand One Pounds Two Shillings and Three Pence Three Farthings, and Eighty Thousand Pounds, redeemable by Parliament; and for pre venting the uttering of forged, counterfeited, or erased Bank Bills or Notes."
Thorowgood, to take the Name of Lord, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Simon Thorowgood Gentleman to change his Surname of Thorowgood to that of Lord."
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. Bennet Junior and Mr. Thurston:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum octavum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 18o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Chief Justice of the Court of Common Pleas sat Speaker.
Mutiny Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Protest against it:
"Dissentient.
"For the Reasons entered in the Journals the Twenty-fourth of February 1717, the Twenty-first of December 1721, the Sixteenth of February 1722, and the Sixteenth of March 1723; which, we conceive, are much stronger against continuing the present Number of Forces, when Peace Abroad and Tranquillity at Home are avowedly established on as solid and lasting a Foundation as the Nature of Human Affairs will admit.
"Strafford.
Scarsdale.
Fran. Cestriens.
Bingley.
Wharton.
Litchfield.
Ashburnham.
Compton.
Montjoy.
Bathurst.
Boyle.
Foley."
Message to H. C. that the Lords have agreed to the Bill.
A Message was sent to the House of Commons, by Mr. Lighboun and Mr. Thurston:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
King's Answer to Address, for Accompt of Money issued to Half-pay Officers.
The Lord Steward acquainted the House, "That the Lords with White Staves (according to Order) had waited on His Majesty, with the Address of this House, on Tuesday last; and that His Majesty was pleased to say,
"He would give Directions, that the Accompt desired should be laid before this House without Delay."
Mrs. Parker's Pet. to receive Appeal:
The House (according to Order) proceeded to take into Consideration the Motion made on Tuesday last, for dispensing with the Standing Order limiting the Time for bringing Appeals, on account of a Petition of Margaret Parker Widow; praying, "That her Appeal against certain Proceedings of the Court of Chancery may be received, as if the same had been presented in due Time."
And the said Petition being read:
Rejected.
It is Ordered, That the said Petition be rejected.
Malt Duties, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Twenty-five; and for transferring the Deficiency of a late Malt Act to this Act; and for explaining a late Act in relation to Stamp Duties on News Papers; and for appropriating the Supplies granted in this Session of Parliament; and for disposing certain Overplus-money to proper Objects of Charity; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."
And, after some Time spent therein, the House was resumed.
And the Lord Delawarr reported from the said Committee, "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."
Rating unrated Goods, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for rating such unrated Goods and Merchandizes as are usually imported into this Kingdom, and pay Duty ad Valorem, upon the Oath of the Importer; and for ascertaining the Value of all Goods and Merchandizes not inserted in the former or present Book of Rates; and for repealing certain Duties upon Drugs and Rags; and for continuing the Duty upon Apples; and for ascertaining the Method of admeasuring Pictures imported."
And, after some Time spent therein, the House was resumed.
And the Lord Delawarr reported from the said Committee, "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."
Insolvent Debtors Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for Relief of Insolvent Debtors."
Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next come Fortnight; and that the Judges have a Copy thereof in the mean Time, and do then attend.
De la Croze's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to naturalize Mary Marie de la Croze."
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.
Sheldon's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for the Sale of the Manors of Middle Ditchford, alias Freeman's Ditchford, Guy's 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."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Hester's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for confirming and rendering effectual an Agreement made between Anne Hester Widow, William Hester, and Anne Hester the Younger; and for vesting in Trustees certain Messuages and Tenements, in the Parish of St. Olave, in Southwark, in the County of Surry; and to enable them to convey the same, pursuant to Articles of Agreement made for Sale thereof; and for other Purposes therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Litherland & al. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable certain Trustees, therein named, to make a Conveyance of Lands, in Thringston, in the County of Leicester, in Pursuance of Articles of Agreement entered into for that Purpose."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with the Three preceding Bills.
And Messages were severally sent to the House of Commons, by Mr. Lightboun and Mr. Thurston:
To carry down the said Bills, and desire their Concurrence thereunto.
Bank Annuities, to continue, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the several Annuities of Eighty-eight Thousand Seven Hundred Fifty-one Pounds Seven Shillings and Ten Pence Halfpenny, and One Hundred Thousand Pounds, to the Bank of England, until Midsummer One Thousand Seven Hundred Twentyseven; and from thence, for reducing the same to Seventy-one Thousand and One Pounds Two Shillings and Three Pence Three Farthings, and Eighty Thousand Pounds, redeemable by Parliament; and for preventing the uttering of forged, counterfeited; or erased, Bank Bills or Notes."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow Morning.
Tunbridge Highways Bill.
The Lord Viscount Falmouth reported from the Lords Committees to whom the 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 Kippings Crosse, in the Parish of Brenchly, in the said County of Kent," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 19o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Chief Justice of the Court of Common Pleas sat Speaker.
Messages from H. C. to return the Bill for Sale of the late E. of Rivers' Estate:
A Message was brought from the House of Commons, by Mr. Lloyd and others:
To return the Bill, intituled, "An Act for vesting the Manor and Lands of and in Brignal, 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;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
Guy's Charity Bill;
A Message was brought from the House of Commons, by Mr. Lade and others:
To return the Bill, 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;" and to acquaint this House, that they have agreed to the said Bill; without any Amendment.
and Skrymsher's Bill.
A Message was brought from the House of Commons, by Mr. Leveson Gower and others:
To return 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;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
D. of Kent's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Estates of the most Noble Henry Duke of Kent, in the Counties of Hereford, Monmouth, and Gloucester, in the said Duke and his Heirs; and for settling his other Estates, in the Counties of Essex, Suffolk, Bedford, Hertford, Northampton, and Lelcester, in Lieu thereof.
Ly. A. Egerton's Petition, touching D. of Bedford's Bill.
Upon reading the Petition of the Lady Anne Egerton an Infant, by the Honourable William Egerton Esquire her prochein Amy; taking Notice of the Petition of the Dutchess Dowager of Marlborough and the Executors of the late Duke; desiring, "That Provision may be made in the Bill, for settling the Estates of the Duke of Bedford, on his Marriage with the Petitioner, to ascertain the Portion, or Part of the Portion, of the Petitioner, and to whom the same may be safely paid;" and praying, "That Counsel may be heard, and Consideration had, by the Lords Committees to whom the said Bill stands committed, touching the Subject-matter of the said Petition:"
It is Ordered, That the Consideration of the said Petition be referred to the Lords Committees to whom the said Bill stands committed; and that their Lordships be empowered to hear Counsel thereupon, if they think fit.
Manchester Read Bill.
Hodie 2a 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 committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Foster & Ux. versus Savage.
U. on reading the Petition and Appea of William Foster Esquire and Elizabeth his Wife; complaining of a Decree made by the late Lord Chancellor the Nineteenth of June 1724, and an Order made by the Lords Commissioners of the Great Seal the Twenty-seventh of February last, in a Cause wherein George Savage was Plaintiff, and the Petitioners and others were Defendants; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed with Costs:"
And thereupon a Certificate, under the Hand of Edward Goldesbrough Esquire, Deputy Register of the said Court, "That the said Order was not entered till the Fifteenth Instant," being read:
It is Ordered, That the said George Savage 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 Friday the Second Day of April next.
Youngs versus Burdet & al.
After hearing Counsel, in Part, upon the Petition and Appeal of Mary Young, Widow of Bartholomew Young Esquire; her late Husband, deceased, and Executrix of the last Will of Thomas Sutton her former Husband, deceased, and Arthur Young Clerk, Executor of the last Will and Testament of the said Bartholomew Young Esquire; complaining of Two Decrees of the Court of Chancery: As also upon the Answer of William Burdet and Frances his Wife and John Sutton put in to the said Appeal:
And being withdrawn:
It is Ordered, That the Hearing the Residue of the said Cause be adjourned till To-morrow.
Bank Annuities, to continue, Bill.
The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act for continuing the several Annuities of Eighty-eight Thousand Seven Hundred Fifty-one Pounds Seven Shillings and Ten Pence Half-penny, and One Hundred Thousand Pounds, to the Bank of England, until Midsummer One Thousand Seven Hundred Twentyseven; and from thence, for reducing the same to Seventy-one Thousand and One Pounds Two Shillings and Three Pence Three Farthings, and Eighty Thousand Pounds, redeemable by Parliament; and for preventing the uttering of forged, counterfeited, or erased, Bank Bills or Notes:"
It is Ordered, That the House be put into a Committee thereupon To-morrow, after the Cause.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Sabbati, 20o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Georgius Princeps Walliæ.
Arch. Ebor. Epus. London. Epus. Winton. Epus. Cestriens. Epus. St. Asaphen. Epus. Oxon. Epus. Sarum. Epus. Lich. & Cov. Epus. Eliens. Epus. Lincoln. Epus. Gloucestr. Epus. Bangor. Epus. Carliol. Epus. Norwic. Epus. Hereford. Epus. Meneven. Epus. Cicestriens. Epus. Bristol. Epus. Exon. |
Dux Greenwich, Senescallus. Dux Grafton, Camerarius. Dux Richmond. Dux Bolton. Dux Devonshire. Dux Rutland. Dux Montagu. Dux Montrose. Dux Roxburgh. Dux Kent. Dux Newcastle. Dux Wharton. Dux Manchester. Dux Chandos. Dux Dorset. Dux Bridgewater. March. Tweeddale. Comes Leicester. Comes Westmorland. Comes (fn. 1) Ber'shire. Comes Scarborough. Comes Warrington. Comes Rochford. Comes Albemarle. Comes Coventry. Comes Godolphin. Comes Buchan. Comes Findlater. Comes Deloraine. Comes Ilay. Comes Strafford. Comes Tankerville. Comes Sussex. Comes Harborough. Comes Macclesfield. Comes Pomfret. Viscount Say & Seale. Viscount Townshend. Viscount Hatton. Viscount Lonsdale. Viscount Tadcaster. Viscount St. John. Viscount Cobham. Viscount Falmouth. Viscount Harcourt. |
Ds. Abergavenny. Ds. Percy. Ds. Delawarr. Ds. Clinton. Ds. Compton. Ds. Maynard. Ds. Cornwallis. Ds. Lynne. Ds. Stawell. Ds. Guilford. Ds. Waldegrave. Ds. Ashburnham. Ds. Weston. Ds. Herbert. Ds. Boyle. Ds. Hay. Ds. Montjoy. Ds. Masham. Ds. Foley. Ds. Bathurst. Ds. Bingley. Ds. Onslow. Ds. Ducie. Ds. Lechmere. |
PRAYERS.
The Lord Chief Justice of the Court of Common Pleas sat Speaker.
Messages from H. C. with a Bill; and to return the D. of Bolton's Bill, with Amendments.
A Message was brought from the House of Commons, by Mr. West and others:
With a Bill, intituled, "An Act for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government, of the said City;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by the Lord William Pawlet and others:
To return 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;" and to acquaint this House, that they have agreed to the said Bill, with some Amendments, whereunto they desire the Concurrence of this House.
Elections in London, to regulate, Bill.
Ordered, That the Bill, intituled, "An Act for regulating Elections within the City of London, and for preserving the Peace good Order, and Government, of the said City," be read the First Time on Monday next.
Message from H. C. to return Sir Gervas Clifton's Bill.
A Message was brought from the House of Commons, by the Marquis of Hartington and others:
To return 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;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire the Concurrence of this House.
Youngs versus Burdet & Ux.
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Mary Young, Widow of Bartholomew Young Esquire her late Husband, deceased, and Executrix of the last Will of Thomas Sutton her former Husband, deceased, and Arthur Young Clerk, Executor of the last Will and Testament of the said Bartholomew Young Esquire; complaining of so much of a Decree made by Mr. Baron Price, in the Absence of the Lord Chancellor, the Third of November 1722, in a Cause wherein William Burdett and Frances his Wife were Plaintiffs, and the said Bartholomew Young the Appellant, Mary and the said John Sutton Defendants, as gives the said Mary no Relief, on Account of her Husband's being a Freeman of the City of London; and also complaining of a Decree of the said Lord Chancellor, made the Twenty-fifth of April 1724, upon an Appeal to his Lordship, from the said Decree of Mr. Baron Price: As also upon the Answer of the said William Burdett and Frances his Wife put in to the said Appeal to this House; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That such Part of the said Decree of Mr. Baron Price, as orders the Respondents their Costs of Suit out of the Estate of the Testator the said Thomas Sutton, be, and is hereby, reversed; but that the said Decree as to all other Parts thereof be, and the same is hereby, affirmed: And it is further Ordered and Adjudged, That so much of the said Decree of the late Lord Chancellor, as varies from the said Decree of Mr. Baron Price, or the Direction of this House, be, and the same is hereby, reversed.
Messages from H. C. with Articles of Impeachment against the E. of Macclesfield; and to
A Message was brought from the House of Commons, by Sir George Oxenden and others:
Who delivered in, at the Bar, Articles of Impeachment of high Crimes and Misdemeanors, against Thomas Earl of Macclesfield.
return Bateman's Bill.
A Message was brought from the House of Commons, by Mr. Vyner and others:
To return 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;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
Articles of Impeachment against E. Macclesfield read.
Then the said Articles of Impeachment were read, by the Clerk, as follow:
"Articles, exhibited by the Knights, Citizens, and Burgesses, in Parliament assembled, in the Name of themselves and all the Commons of Great Britain, against Thomas Earl of Macclesfield, in Maintenance of their Impeachment against him, for high Crimes and Misdemeanors.
"Whereas the Office of Lord Chancellor of Great Britain is an Office of the highest Dignity and Trust, upon the impartial and uncorrupt Execution whereof the Honour of the Crown and the Welfare of the Subjects of this Kingdom greatly depend: And whereas Thomas Earl of Macclesfield, in or about the Month of May in the Year of our Lord One Thousand Seven Hundred and Eighteen, by the great Grace and Favour of His Most Excellent Majesty, was constituted and appointed Lord Chancellor of Great Britain, and did thereupon take the usual Oath for the due Execution of that high Office, whereby he did swear, "well and truly to serve our Sovereign Lord the King and His People, Poor and Rich, after the Laws and Usages of this Realm," and such other Oaths as have been accustomed; and the said Earl continued in this great Office until about the Month of January in the Year of our Lord One Thousand Seven Hundred and Twenty-four; and, in Right thereof, was entrusted with the Nomination and Admission to the Offices of Masters of the Court of Chancery; which Masters of the said Court are Officers of great Trust, sworn to serve the King and His People, and associated to the Lord Chancellor for his Assistance in the due Administration and Execution of Justice in the said Court: And whereas His Majesty, upon the said Earl's being appointed to the Office of Lord Chancellor, did, of His Grace and Bounty, bestow upon the said Earl the Sum of Fourteen Thousand Pounds, or some other great Sum; and did likewise grant unto George Parker Esquire, now commonly called Lord Parker, Eldest Son and Heir Apparent of the said Earl, a Yearly Pension of Twelve Hundred Pounds, payable out of His Majesty's Receipt of the Exchequer, during the Joint Lives of His Majesty and the said Lord Parker, determinable upon His Majesty's making a Grant to the said Lord Parker, in Possession, of the Office of One of the Tellers of His Majesty's Exchequer, for the Term of his natural Life; which Office, being of the Yearly Value of Fifteen Hundred Pounds or upwards, has been since granted by His Majesty unto the said Lord Parker for his Life, who, in or about the Month of July in the Year of our Lord One Thousand Seven Hundred and Nineteen, was duly admitted to, and doth still enjoy, the same; and the said Earl, during the Time of his continuing Lord Chancellor of Great Britain, did not only enjoy the usual Salary, Fees, and Profits, belonging to his Office, of a very great Annual Value; but also did continue to receive an Annual Pension of Twelve Hundred Pounds, which His Majesty, in or about the Month of June in the Year of our Lord One Thousand Seven Hundred and Sixteen, had granted to him and his Assigns, during His Majesty's Life; and did likewise receive from the Crown a further Annual Allowance of Four Thousand Pounds, and many other Advantages: Yet he the said Thomas Earl of Macclesfield, not being satisfied with this large and ample Revenue, nor regarding the Obligation of his Oath; or the Duty of his high and important Office; but entertaining wicked and corrupt Designs and Views, to raise and procure to himself excessive and exorbitant Gain and Profit, by divers unjust and oppressive Practices and Methods herein after mentioned, whilst he continued in the said Office of Lord Chancellor, did, illegally, corruptly, and extorsively, take and receive to his own private Use the following or some other great Sums of Money.
"ARTICLE 1st.
"That Richard Godfrey Esquire, having contracted with Sir Thomas Gery, One of the Masters of the Court of Chancery, for the Purchase and Surrender of his Office, at the Price of Five Thousand Pounds, or some other great Sum of Money, the said Thomas Earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, and before the Admission of the said Richard Godfrey into the Office of One of the Masters of the Court of Chancery, did, by Colour of his Office of Lord Chancellor, illegally, corruptly, and extorsively, insist upon, take, and receive, of and from the said Richard Godfrey, the Sum of Eight Hundred and Forty Pounds, or some other Sum of Money, for the admitting him into such Office of a Master of the Court of Chancery, and to the Intent that the said Richard Godfrey should have, exercise, and enjoy the same, which said Office touches and concerns the Administration and Execution of Justice in the said Court: And the said Thomas Earl of Macclesfield, being Lord Chancellor, in Pursuance and Execution of the said wicked and corrupt Bargain, or in Pursuance of some other Bargain or Agreement of the same infamous and corrupt Nature, did admit and swear the said Richard Godfrey into the Office of One of the Masters of the said Court of Chancery, upon the Surrender of the said Sir Thomas Gery, in Breach and Violation of his Oath as Lord Chancellor, and of the great Trust in him reposed, contrary to the Duty of his Office, and the good and wholesome Laws and Statutes of this Realm.
"ARTICLE IId.
"That the Office of One of the Masters of the said Court of Chancery becoming vacant, by the Death of Samuel Browning Esquire, One of the late Masters of the said Court, the said Thomas Earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, and before the Admission of James Lightboun Esquire into the said Office of One of the Masters of the Court of Chancery, did, by Colour of his Office of Lord Chancellor, illegally, corruptly, and extorsively, insist upon, take, and receive, of and from the said James Lightboun, the Sum of Six Thousand Pounds, or some other great Sum of Money, in Consideration of and for the admitting him into such Office, and to the Intent that the said James Lightboun should have, exercise, and enjoy the same, which said Office touches and concerns the Administration and Execution of Justice in the said Court: And the said Thomas Earl of Macclesfield, being Lord Chancellor, in Pursuance and Execution of the said wicked and corrupt Bargain, or in Pursuance of some other Bargain or Agreement of the same infamous and corrupt Nature, did admit and swear the said James Lightboun into the Office of One of the Masters of the said Court of Chancery, in Breach and Violation of his Oath as Lord Chancellor, and of the great Trust in him reposed, contrary to the Duty of his Office, and against the good and wholesome Laws and Statutes of this Realm.
"ARTICLE IIId.
"That John Borret Esquire having contracted with John Meller Esquire, One of the Masters of the Court of Chancery, for the Purchase and Surrender of his said Office, at the Price of Nine Thousand Pounds, or some other great Sum of Money; the said Thomas Earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, and before the Admission of the said John Borret into the Office of One of the Masters of the Court of Chancery, did, by Colour of his Office of Lord Chancellor, illegally, corruptly, and extorsively, insist upon, take, and receive, of and from the said John Borret, the Sum of Fifteen Hundred and Seventy-five Pounds, or some other Sum of Money, for the admitting him into such Office of a Master of the said Court of Chancery, and to the Intent that the said John Borret should have, exercise, and enjoy the same, which said Office touches and concerns the Administration and Execution of Justice in the said Court: And the said Thomas Earl of Macclesfield, being Lord Chancellor, in Pursuance and Execution of the said wicked and corrupt Bargain, or in Pursuance of some other Bargain or Agreement of the same infamous and corrupt Nature, did admit and swear the said John Borret into the Office of One of the Masters of the said Court of Chancery, upon the Surrender of the said John Meller, in Breach and Violation of his Oath as Lord Chancellor, and of the great Trust in him reposed, contrary to the Duty of his Office, and against the good and wholesome Laws and Statutes of this Realm.
"ARTICLE IVth.
"That Edward Conway Esquire having contracted with John Orlebar Esquire, One of the late Masters of the Court of Chancery, for the Purchase and Surrender of his said Office, at the Price of Six Thousand Pounds, or some other great Sum of Money; the said Thomas Earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, and before the Admission of the said Edward Conway into the Office of One of the Masters of the Court of Chancery, did, by Colour of his Office of Lord Chancellor, illegally, corruptly, and extorsively, insist upon, take, and receive, of and from the said Edward Conway, the Sum of Fifteen Hundred Pounds, or some other Sum of Money, for the admitting him into such Office of a Master of the said Court of Chancery, and to the Intent that the said Edward Conway should have, exercise, and enjoy the same, which said Office touches and concerns the Administration and Execution of Justice in the said Court: And the said Thomas Earl of Macclesfield, being Lord Chancellor, in Pursuance and Execution of the said wicked and corrupt Bargain, or in Pursuance of some other Bargain or Agreement of the same infamous and corrupt Nature, did admit and swear the said Edward Conway into the Office of One of the Masters of the said Court of Chancery, upon the Surrender of the said John Orlebar, in Breach and Violation of his Oath as Lord Chancellor, and of the great Trust in him reposed, contrary to the Duty of his Office, and against the good and wholesome Laws and Statutes of this Realm.
"ARTICLE Vth.
"That William Kynaston Esquire having contracted with William Rogers Esquire, One of the Masters of the Court of Chancery, for the Purchase and Surrender of his said Office, at the Price of Six Thousand Pounds, or some other great Sum of Money, the said Thomas Earl of Macclesfield; whilst he continued Lord Chancellor of Great Britain, and before the Admission of the said William Kynaston into the Office of One of the Masters of the Court of Chancery, did, by Colour of his Office of Lord Chancellor, illegally, corruptly, and extorsively, insist upon, take, and receive, of and from the said William Kynaston, the Sum of Fifteen Hundred and Seventyfive Pounds, or some other Sum of Money, for the admitting him into such Office of a Master of the said Court of Chancery, and to the Intent that the said William Kynaston should have, exercise, and enjoy the same, which said Office touches and concerns the Administration and Execution of Justice in the said Court: And the said Thomas Earl of Macclesfield, being Lord Chancellor, in Pursuance and Execution of the said wicked and corrupt Bargain, or in Pursuance of some other Bargain or Agreement of the same infamous and corrupt Nature, did admit and swear the said William Kynaston into the Office of One of the Masters of the said Court of Chancery, upon the Surrender of the said William Rogers, in Breach and Violation of his Oath as Lord Chancellor, and of the great Trust in him reposed, contrary to the Duty of his Office, and against the good and wholesome Laws and Statutes of this Realm.
"ARTICLE VIth.
"That Thomas Bennet Esquire having contracted with John Hiccocks Esquire, One of the Masters of the Court of Chancery, for the Purchase and Surrender of his said Office, at the Price of Seven Thousand Five Hundred Pounds, or some other great Sum of Money, the said Thomas Earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, and before the Admission of the said Thomas Bennet into the Office of One of the Masters of the said Court of Chancery, did, by Colour of his Office of Lord Chancellor, illegally, corruptly, and extorsively, insist upon, take, and receive, of and from the said Thomas Bennet, the Sum of Fifteen Hundred and Seventy-five Pounds, or some other Sum of Money, for the admitting him into such Office of a Master of the said Court of Chancery, and to the Intent that the said Thomas Bennet should have, exercise, and enjoy the same, which said Office touches and concerns the Administration and Execution of Justice in the said Court: And the said Thomas Earl of Macclesfield, being Lord Chancellor, in Pursuance and Execution of the said wicked and corrupt Bargain, or in Pursuance of some other Bargain or Agreement of the same infamous and corrupt Nature, did admit and swear the said Thomas Bennet into the Office of One of the Masters of the said Court of Chancery, upon the Surrender of the said John Hiccocks, in Breach and Violation of his Oath as Lord Chancellor, and of the great Trust in him reposed, contrary to the Duty of his Office, and against the good and wholesome Laws and Statutes of this Realm.
"ARTICLE VIIth.
"That the Office of One of the Masters of the said Court of Chancery becoming vacant by the Death of William Fellows Esquire, One of the late Masters of the said Court, the said Thomas Earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, and before the Admission of Francis Elde Esquire into the said Office of One of the Masters of the Court of Chancery, did, by Colour of his Office of Lord Chancellor, illegally, corruptly, and extorsively, insist upon, take, and receive, of and from the said Francis Elde, the Sum of Five Thousand Two Hundred and Fifty Pounds, or some other great Sum of Money, in Consideration of and for the admitting him into such Office of a Master of the said Court of Chancery, and to the Intent that the said Francis Elde should have, exercise, and enjoy the same, which said Office, touches and concerns the Administration and Execution of Justice in the said Court: And the said Thomas Earl of Macclesfield, being Lord Chancellor, in Pursuance and Execution of the said wicked and corrupt Bargain, or in Pursuance of some other Bargain or Agreement of the same infamous and corrupt Nature, did admit and swear the said Francis Elde into the Office of One of the Masters of the said Court of Chancery, in Breach and Violation of his Oath as Lord Chancellor, and of the great Trust in him reposed, contrary to the Duty of his Office, and against the good and wholesome Laws and Statutes of this Realm.
"ARTICLE VIIIth.
"That the Office of One of the Masters of the said Court of Chancery becoming vacant by the Death of John Borret Esquire, One of the late Masters of the said Court, who died insolvent, greatly indebted to the Suitors of the said Court, the said Thomas Earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, without securing a just Satisfaction to the said Suitors for their Debts, and before the Admission of Mark Thurston Esquire into the said Office of One of the Masters of the Court of Chancery, did, by Colour of his Office of Lord Chancellor, illegally, corruptly, and extorsively, insist upon, take, and receive, of and from the said Mark Thurston, the Sum of Five Thousand Two Hundred and Fifty Pounds, or some other great Sum of Money, in Consideration of and for the admitting him into such Office of a Master of the said Court of Chancery, and to the Intent that the said Mark Thurston should have, exercise, and enjoy the same, which said Office touches and concerns the Administration and Execution of Justice in the said Court: And the said Thomas Earl of Macclesfield, being Lord Chancellor, in Pursuance and Execution of the said wicked and corrupt Bargain, or in Pursuance of some other Bargain or Agreement of the same infamous and corrupt Nature, did admit and swear the said Mark Thurston into the Office of One of the Masters of the said Court of Chancery, in Breach and Violation of his Oath as Lord Chancellor, and of the great Trust in him reposed, contrary to the Duty of his Office, and against the good and wholesome Laws and Statutes of this Realm.
"ARTICLE IXth.
"That whereas Thomas Bennet Esquire, in or about the Month of August in the Tenth Year of His Majesty's Reign, was possessed of an Office in the Court of Chancery, called "The Office of Clerk of the Custodies," for the Term of his Life, by Virtue of His Majesty's Letters Patents under the Great Seal of Great Britain, which Office is an Office of Trust in the said Court, in the Gift and Disposal of the Crown, by Grant under the Great Seal, and concerns the writing and making Commissions to inquire of Ideots and Lunatics, and the Process thereupon, and Letters Patents for the Custody of the Bodies of Ideots and Lunatics, and the keeping, entering, and transcribing, Orders, Reports, and Accompts, made and declared touching Ideots and Lunatics, and their Estates in the said Court of Chancery; and the said Thomas Bennet having agreed with Hugh Hamersley Esquire to resign the said Office, in order to obtain His Majesty's Royal Grant of the said Office to the said Hugh Hamersley, the said Thomas Earl of Macclesfield, being then Lord Chancellor of Great Britain, did refuse to permit or accept of such Resignation, until the said Thomas Bennet had agreed to pay unto the said Thomas Earl of Macclesfield, or unto his Use, One Hundred and Five Pounds, or some other Sum of Money, as a Consideration for the same; and, by Colour of his Office of Lord Chancellor, did, illegally, corruptly, and extorsively, insist upon, take, and receive, of and from the said Thomas Bennet, the said One Hundred and Five Pounds, or some other Sum, for and in Consideration of the permitting and accepting such Surrender of the said Office, in order to and for the obtaining and procuring a new Grant of the said Office to the said Hugh Hamersley; and, in Pursuance thereof, the said Thomas Earl of Macclesfield, then being Lord Chancellor, and One of the Lords Justices of this Kingdom during His Majesty's Absence, did accept, or cause to be duly accepted, the Resignation of the said Thomas Bennet of the said Office; and, by his Interest and Recommendation, did obtain and procure His Majesty's Royal Warrant for preparing and passing His Majesty's Grant of the said Office, under the Great Seal, to the said Hugh Hamersley, for the Term of his Life; which Grant afterwards, in or about the Month of September in the Tenth Year of His Majesty's Reign, did accordingly pass the Great Seal, then in the Custody of the said Earl, for which all the usual and accustomed Fees were paid, over and besides the said One Hundred and Five Pounds, in great Deceit of the Crown, in Breach and Violation of his Oath as Lord Chancellor, and of the several great Trusts then in him reposed, contrary to the Duty of his Office, and against the good and wholesome Laws and Statutes of this Realm.
"ARTICLE Xth.
"That the said Thomas Earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, did illegally and corruptly ordain, name, and make, divers other Officers and Ministers of His Majesty, for Gift and Brocage; and did likewise illegally and corruptly sell divers other Offices, touching and concerning the Administration and Execution of Justice in the Court of Chancery, to several Persons, for divers great Sums of Money, which the said Earl did receive from the said Persons for their respective Admissions into such Offices, and before they were admitted thereunto, and in order that the said Persons should have, exercise, and enjoy the same, in great Breach of the Trust in him reposed, and of his Oath as Lord Chancellor, contrary to the Duty of his Office, and against the Laws and Statutes of this Realm.
"ARTICLE XIth.
"That the said Thomas Earl of Macclesfield, whilst he continued in the Office of Lord Chancellor of Great Britain, in order to advance and increase the illegal and corrupt Gain arising to himself from the Sale and Disposal of the Offices of Masters of the Court of Chancery, in Violation of the great Trust reposed in him for the Care and Protection of the Suitors of the said Court, whose Money and Effects were, by Orders of the said Court, lodged in the Hands of the Masters of the said Court of Chancery, did admit several Persons to the said Offices of Masters of the said Court of Chancery, who, at the Time of such their Admissions, were of small Substance and Ability, very unfit to be trusted with the great Sums of Money and other Effects of the Suitors of the said Court, lodged in their Hands by the Orders of the said Court; and, did publicly, in open Court, when he sat there as Lord Chancellor, falsely represent the said Persons, so by him admitted to the Offices of Masters of the said Court of Chancery, as Persons of great Fortunes, and in every respect qualified for the Trust reposed in them, to the manifest Deceit and Injury of the Suitors of the said Court.
"ARTICLE XIIth.
"That, whilst the said Thomas Earl of Macclesfield executed the said Office of Lord Chancellor, an unjust and fraudulent Method was practised in the Court of Chancery, upon the Sale of the Offices of Masters of the said Court, and upon the Admissions of new Masters; that the Prices, or Sums of Money agreed to be paid for the Purchase of the said Offices, and for the Admissions thereunto, were satisfied and paid out of the Monies and Effects of the Suitors of the Court, deposited in the Hands of the respective Masters surrendering their Offices, or dying, either by Way of Retainer of the Purchase-money in the Hands of the Master resigning, or of replacing the Money disbursed for such Purchase or Admission by the succeeding Master, out of the Money and Effects of the Suitors coming into his Hands; by which Practice, the Price and Value given upon the Sale of the said Offices and Admissions thereinto, during the Time aforesaid, were greatly advanced; and several Persons of small Ability and Substance were encouraged to contract for the said Offices, upon a Prospect of the easy Method of paying for the Purchase of the same; by Means whereof, great Deficiencies have incurred in the Offices of several Masters of the said Court, admitted by the said Thomas Earl of Macclesfield, which they have not been able to answer and make good: And although the said Practice was notorious and public, and the said Earl was well informed thereof, and fully acquainted therewith; yet the said Thomas Earl of Macclesfield, in order to increase his own unjust and corrupt Profit in the selling the said Offices and the Admissions thereto (which, in Consequence of this evil Practice, was raised and received by him out of the Effects of the Suitors for whom he was intrusted), did not, at any Time whilst he continued in his Office of Lord Chancellor, use or take any Measures to reform the said Abuse, or to prevent the same, either by causing proper Schedules to be taken of the Money and Effects of the Suitors delivered over and transferred, or by appointing any Person in his Behalf to inspect or supervise the Transfers or Deliveries thereof, or in any other Manner; but, on the contrary, the said Thomas Earl of Macclesfield, unjustly, corruptly, and contrary to the Duty of his said Office of Lord Chancellor (to whom the Superintendency of the said Masters and of their Accompts did appertain) did suffer the said fraudulent Practice to proceed and be exercised, without any Controul or Check, whereby great Embezzlements have been made of the Suitors Money and Effects, to their great Loss, in the Offices of several of the Masters of the said Court, who have not been able to answer and pay their respective Balances owing upon their Accompts, in Breach of the Trust reposed in him for the Preservation of the Estates and Effects of the Suitors, to the Dishonour and Discredit of the said Court, and to the great Injury and Defrauding of the said Suitors, in a Court of Equity established for their Relief and Protection.
"ARTICLE XIIIth.
"That Fleetwood Dormer Esquire, One of the Masters of the Court of Chancery, having embezzled great Part of the Money and Effects belonging to the Suitors of the said Court, with which he was entrusted by the said Court, and disposed of the same for his own private Advantage, by Means whereof there became, and still continues, a great Deficiency in that Office, to the Amount of Twenty-five Thousand Pounds, or some other great Sum; and the said Fleetwood Dormer having absconded, and for some Time absented himself, Application was made to the said Earl of Macclesfield, then Lord Chancellor of Great Britain, to secure the Person of the said Fleetwood Dormer, and to take proper Methods for compelling the said Fleetwood Dormer to make Satisfaction to the Suitors for the Money and Effects which he had so embezzled; yet the said Earl, from an Apprehension that a public Discovery of the said Deficiency might lessen the unjust Gain he proposed to make to himself by selling and disposing of the said Offices of Masters of the said Court, neglected and declined either to secure the Person of the said Fleetwood Dormer and his Estate and Effects, or to make a proper Inquiry into the said Deficiency; but, on the contrary, the said Earl, whilst he continued Lord Chancellor of Great Britain, did endeavour, by many indirect Practices, to conceal from the Suitors of the Court the true State and Condition of the said Office, as well with respect to the Effects of the said Fleetwood Dormer, as to the Debt due from him to the Suitors of the Court; and upon Motion made in the said Court of Chancery (after the said Earl knew that the said Fleetwood Dormer had so absconded), on Behalf of some of the Suitors of the Court, to have their Effects transferred from the said Fleetwood Dormer to some other Master, for the better securing thereof, the said Earl of Macclesfield, in order to delude the Suitors of the said Court into a Belief that their Effects were safe, and thereby to prevent a public Inquiry, then sitting as Lord Chancellor, in open Court, did say, "That the said Parties need not be in Haste;" and did at the same Time falsely and deceitfully declare, "That the said Fleetwood Dormer was only gone to take the Air in the Country; and that he would return in a little Time, and all would be well;" or to that Effect.
"ARTICLE XIVth.
"That the said Fleetwood Dormer having, towards Satisfaction of the Suitors of the said Court, assigned to Henry Edwards Esquire (who succeeded him in his Office of Master of the said Court of Chancery) a Debt of Twenty-four Thousand and Forty-six Pounds, Four Shillings, or some other great Sum, due, from William Wilson a Banker, to the said Fleetwood Dormer, to the Intent that the Money received on Account thereof should be applied and disposed of as the said Court of Chancery should order and direct; the said Thomas Earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, for the unlawful Purposes aforesaid, without Regard to the Interest of the said Suitors, by Colour of his Office, did, in an unwarrantable, clandestine, and unusual Manner, authorize, direct, and establish, a precarious and tristing Composition with the said William Wilson, upon the Terms of the said William Wilson's paying the Sum of Fourteen Hundred Sixty-three Pounds, Two Shillings, and a Penny, and assigning Ten Thousand Pounds, Part of a Debt of Twenty-two Thousand and Sixty Pounds, Twelve Shillings, and Five Pence, pretended to be due to the said William Wilson from Edward Poulter, or to that Effect, in Discharge of the said Debt; and to that End, upon the Report of John Hiccocks Esquire, then One of the Masters of the said Court, without any Attendance ordered or had thereupon, and without Notice to the said Suitors, did, by a private Order, not made in open Court, order the said Henry Edwards to accept of the said Composition, in full Discharge of the said Debt; which said Edward Poulter was a Person insolvent, and has since absconded for Debt; and none or but a very small Part of the said Ten Thousand Pounds has been, or is ever likely to be, received.
"ARTICLE XVo.
"That the said Thomas Earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, to carry on his corrupt and unjust Purposes, and to conceal the Deficiency that was in the Office of the said Fleetwood Dormer, did, in or about the Month of February in the Year of our Lord One Thousand Seven Hundred and Twenty, order the several Masters of the said Court of Chancery to bring in their Accompts of the Cash, Effects, and Securities, in their Hands, belonging to the Suitors of the Court; not with a Design of examining their Accompts, or securing the Estate and Effects of the Suitors, but with an Intent to terrify the said Masters, and thereby oblige them to contribute great Sums of Money towards answering the Demands that should from Time to Time be made upon the said Office; for which Purpose, he the said Earl did at several Times represent, or cause to be represented, to the said Masters, "That, if they refused so to do, the Money and Effects of the Suitors would be taken out of their Hands, and the said Masters deprived of making any Profit of the same;" by which Practices, the said Earl, being then Lord Chancellor of Great Britain, by Colour of his Authority, did persuade and induce Nine of the Masters of the said Court of Chancery to pay Five Hundred Pounds each for the Purposes aforesaid, several of whom paid the same out of the Money or Effects of the Suitors in their Hands; but, after such Payments, the said Thomas Earl of Macclesfield did not oblige the said Masters to deliver in their Accompts in Pursuance of such his said Order.
"ARTICLE XVIth.
"That Elizabeth Chitty Widow, having obtained an Order of the Court of Chancery, on or about the Seven and Twentieth of March in the Tenth Year of His present Majesty's Reign, made by the said Thomas Earl of Macclesfield, then Lord Chancellor, whereby Henry Edwards Esquire, One of the Masters of the said Court of Chancery, who succeeded Fleetwood Dormer Esquire in the said Office, was ordered to pay her the Sum of One Thousand Pounds, Part of the Sum of Ten Thousand Pounds, or other great Sum of Money, formerly paid into the Hands of the said Fleetwood Dormer as a Master of the said Court, and by the said Order mentioned to be then in the Hands of the said Henry Edwards; and the said Henry Edwards complaining to the said Earl, "that the making Orders upon him to pay Money, which had been received by the said Fleetwood Dormer, was a very great Hardship upon him the said Henry Edwards, in regard he had not any Money or Effects in his Hands to answer such Demands;" the said Earl of Macclesfield, being then Lord Chancellor, in further Prosecution of his unjust and corrupt Purposes, did, by Colour of his Authority, endeavour to prevail with the Masters of the said Court of Chancery to raise the said Sum of One Thousand Pounds out of their Effects, by representing to them, "that a Discovery of the Deficiency in the said Office might occasion a Parliamentary or Public Inquiry into the Nature and Condition of their Offices, and hazard the Forfeiture of the same, by reason of their having bought their Offices, contrary to Law, which, the said Earl then declared, would affect him, but themselves much more;" or to that Effect: But the said Masters refusing to raise the said Sum of One Thousand Pounds, the said Earl of Macclesfield did order his Secretary, Peter Cottingham Esquire, to pay the said One Thousand Pounds; who, in Pursuance of the said Earl's Directions, in or about the Month of July One Thousand Seven Hundred and Twenty-four, did pay the same to Ascan Christopher Lochman, for the Use of the said Elizabeth Chitty; and the said Earl of Macclesfield, upon Application made to him by the said Ascan Christopher Lochman for Payment of the said Money, did acquaint him, "That he the said Earl had given Directions to his Secretary for Payment of that Sum;" but, at the same Time, declared to the said Ascan Christopher Lochman, "That he the said Earl believed this would be the last Payment she was like to receive out of the said Money paid into the Hands of the said Fleetwood Dormer; for the Residue thereof was in great Danger of being lost, by reason of the Deficiency in the Effects of the said Fleetwood Dormer," or to that Effect. Notwithstanding all which Proceedings in this and the several other Articles mentioned, upon a Motion made in the Court of Chancery, before the said Thomas Earl of Macclesfield, then Lord Chancellor, on or about the Fifth Day of December last, in a Cause there depending, between Jane Harper Plaintiff and Thomas Case and others Defendants, relating to the Sum of Two Hundred and Sixty Pounds, or some other Sum, deposited in the Hands of the said Fleetwood Dormer before his absconding, and which was then apprehended in great Danger of being lost, the said Thomas Earl of Macclesfield, then sitting in Court as Lord Chancellor, did, publicly, falsely, and deceitfully, declare, "That he had heard there was a Deficiency in the Office of the said Fleetwood Dormer; but that he the said Earl knew nothing of it, only as public News," or to that Effect; and thereupon did order, that the said Henry Edwards should examine in what Manner the said Two Hundred and Sixty Pounds were deposited with the said Fleetwood Dormer, and whether there was likely to be a Loss of any Money deposited with the said Fleetwood Dormer.
"ARTICLE XVIIth.
"That, notwithstanding the said Earl of Macclesfield well knew that there was a very great Deficiency and Loss by the Failure of the said Fleetwood Dormer, and that the said Henry Edwards, his Successor, had not sufficient in his Hands to pay the whole Money due to the Suitors of the Court, that had been received by the said Fleetwood Dormer on their Account; yet the said Earl of Macclesfield, being Lord Chancellor, in order to carry on his unjust Designs of concealing the said Deficiency, and to prevent any public Inquiry that might arise from the just Complaints of the Suitors of the said Court, did, from Time to Time, in manifest and wilful Violation of the Trust reposed in him, make Orders on the said Henry Edwards, for Payment of the Money belonging to several particular Suitors, which had been lodged in the Hands of the said Fleetwood Dormer; in Obedience to which Orders, several Sums were paid, without Regard to, or Consideration of, the Proportion which the rest of the Suitors were entitled to, out of the Effects of the said Fleetwood Dormer; whereby many of the said Suitors lost the Benefit of their proportionable Share, to which in Justice they were entitled.
"ARTICLE XVIIIth.
"That the said Thomas Earl of Macclesfield, notwithstanding that he very well knew, and was informed, that the Masters of the said Court did, or that it was in their Power, from Time to Time, and at their Pleasure, to dispose of and employ the Money and Effects belonging to the Suitors of the said Court, which were entrusted with them respectively; and more particularly, that the Deficiency appearing in the Office of Fleetwood Dormer Esquire, One of the Masters of the Court of Chancery, was chiefly occasioned by his the said Fleetwood Dormer's having taken upon himself unduly to dispose of and employ the Money and Effects belonging to the Suitors of the said Court, which were entrusted in his Hands; and notwithstanding that, soon after the said Fleetwood Dormer became insolvent, it was represented and proposed to the said Thomas Earl of Macclesfield, then Lord Chancellor of Great Britain, in order to prevent for the future any Losses that might happen to the Suitors of the said Court, "that the several Effects and Securities belonging to the Suitors should be placed out in such Manner, as that the Power of disposing, employing, or in any Manner trading with the same, might be totally taken away from the said Masters;" for the effecting of which just Design, a particular Method was laid before the said Earl; and it was also further proposed, "that the said Masters should give some reasonable Security to answer the Balance of such Cash as should, from Time to Time, be in their Hands;" and, notwithstanding the said Earl was credibly informed, that the Sufficiency of some other of the said Masters was very much suspected, yet the said Thomas Earl of Macclesfield, whilst he was Lord Chancellor of Great Britain, contrary to the Duty of his Office, and thereby proposing to make unlawful Gain to himself by the Disposal and Sale of the Offices of Masters of the said Court of Chancery, and in order to induce Persons to give him the said Earl a greater Price or Reward for their being admitted to the same, did not require or demand any Security whatsoever to be given by any of the said Masters, upon their being admitted to their Offices, or at any other Time; and the said Earl, with the same corrupt View and Intention, and to keep up the Price of the said Offices, totally neglected to inquire into the Accompts of the said Masters, and did, fraudulently, unjustly, and in Breach of the Trust reposed in him, permit and encourage the Masters of the said Court to employ and traffick with large Sums of Money belonging to the Suitors of the said Court, and to make Interest thereof, for their own unjust Gain and Profit; and the said Earl, after such Proposal made to him as aforesaid, or at any other Time during his Continuance in the said Office, did not take any Care that the Effects of the said Suitors should be placed out in such Manner as to prevent the Masters from trafficking therewith, or that the said Masters should give such Security as was proposed; by Means whereof, great Deficiencies, to the Amount of many Thousand Pounds, have been, through such Default of the said Earl, occasioned in the Offices of several other of the Masters, to the great Loss and Injury of the Suitors of the said Court.
"ARTICLE XIXth.
"That whereas His most Sacred Majesty, out of His Fatherly Goodness to His People, did, in or about the Month of November last, direct an Inquiry to be made into the Accompts of the Masters of the said Court of Chancery, to the Intent that proper Methods might be taken for the Security of the Suitors of the said Court; the said Thomas Earl of Macclesfield, being then Lord Chancellor of Great Britain, and One of His Majesty's most Honourable Privy Council, in order to obstruct the same, and to prevent a Parliamentary Inquiry into the State and Condition of the Offices of the said Masters, in Breach of the several great Trusts reposed in him, did give Advice and Encouragement to the said Masters, to assist and supply each other with Money and Effects; and did represent to the said Masters, "That it would be for their Honour and Service, to appear able and sufficient; and that, if they made a bold Stand now, it might prevent a Parliamentary Inquiry;" or to that Effect; and did persuade several of them to make false Representations of their Circumstances to His Majesty, by adding a Subscription to their respective Accompts, delivered to the said Earl, to be laid before His Majesty, to the Effect following; (videlicet,) "That they were able to answer the Money and Securities in their Hands, and were willing to pay the same to such Persons as were entitled thereunto;" although the said Earl knew, or had good Reason to believe, that several of the Masters were not then able to answer the Balance of their Accompts, nor are they yet able to satisfy or make good the same; and when the said Masters were afterwards required to produce the Cash and Effects of the Suitors in their Hands, some of the said Masters, according to such Advice and Encouragement given by the said Earl, did supply others of them with Cash and Effects, to make a false Show and Appearance of their Ability and Readiness to answer the Balance of their Accompts.
"ARTICLE XXth.
"That the said Thomas Earl of Macclesfield, whilst he continued in the Office of Lord Chancellor of Great Britain, in Breach of the Trust reposed in him, and contrary to the Duty of his Office, did, at several Times, borrow and receive, of some of the Masters of the said Court, several great Sums of the Money belonging to the Suitors of the said Court, deposited in the Hands of such Masters, and did make Use thereof, for his own private Service and Advantage, so long as he had Occasion for the same.
"ARTICLE XXIst.
"That the said Thomas Earl of Macclesfield, whilst he continued Lord Chancellor of Great Britain, did, in an illegal and arbitrary Manner, extend the Power and Authority of Lord Chancellor, and of the Court of Chancery, beyond their lawful and just Bounds; and did arbitrarily and illegally assume to himself, as Lord Chancellor, and by Colour of his Office, an unjust and unlimited Power of dispensing with, suspending, and controlling, the Statutes of this Realm, made for the Security and Preservation of the Estates and Properties of the Subjects of this Kingdom, to the great Oppression of the Suitors of the said Court, in Subversion of the Laws and Statutes of this Realm, in manifest Breach and Violation of the Rights and Liberties of His Majesty's good Subjects, and of his own most solemn Oath as Lord Chancellor of Great Britain; and more especially, when Francis Tyssen Esquire, deceased, being seised and possessed of a Real Estate of the Value of Three Thousand Pounds per Annum, or some other great Annual Value, did, by his last Will and Testament in Writing duly executed, in or about the Month of October One Thousand Seven Hundred and Seventeen, give and devise all his said Real Estate to the Child his Wife was at that Time enseint with (if such Child should be a Son), for his Life, without Impeachment of Waste, with Remainders to the First and other Sons of the said Infant in Tale Male; and did likewise, by such Will, expressly nominate and appoint his the said Testator's Wife, Rachel Tyssen, to be the Guardian of all his Children during their respective Minorities, if she should so long continue a Widow; and the said Francis Tyssen soon after died, leaving One Daughter and the said Rachel his Widow with Child; after whose Decease, the said Rachel was delivered of such Child, being a Son, afterwards named Francis John Tyssen; in whose Right, by Virtue of the said Will, and of the Statute made in the Twelfth Year of the Reign of King Charles the Second, intituled, "An Act for the taking away the Court of Wards and Liveries, and Tenures in Capite and by Knights Service, and Purveyance, and for settling a Revenue upon His Majesty in Lieu thereof," the said Rachel Tyssen did lawfully take into her Care and Custody her said Infant Son, and the Estate so devised to him, or was willing and endeavoured so to do, and to undertake the Management of his said Lands and Tenements for his best Advantage, and demeaned herself therein without any Misbehaviour: Yet the said Thomas Earl of Macclesfield, being then Lord Chancellor of Great Britain, under Colour of his Office and Authority, did, by several Orders made by him in the Months of January and February in the Fifth Year of His Majesty's Reign, or in One of them, illegally and arbitrarily, and in direct Contravention of the Statute made in that Behalf, remove and exclude the said Rachel Tyssen, the Guardian of the said Infant, and also John Nicholas Esquire (a Person of good Substance and Ability, nominated by the said Rachel Tyssen to be Receiver of the Rents and Profits of the said Infant's Estate, and approved by Robert Holford Esquire, One of the Masters of the said Court, for that Purpose, and who had given sufficient Security for the due Execution of his said Trust) from the Management and Receivership of the said Infant's Estate; and did, by such Orders, unduly and injuriously nominate and appoint Robert Doyley Esquire, a Creature and Confidant of his own, and a Person altogether unfit and unqualified for so great a Trust, to be Receiver of the Rents and Profits of the said Infant's Estate, and to have a Salary for the same, with a Power to let such Part of the said Estate as was or should become untenanted, with the Approbation of the said Robert Holford; although the said Rachel Tyssen did expressly object unto and oppose such Appointment of the said Robert Doyley, and did insist to have the Benefit and Exercise of her Right in that respect, as the Guardian appointed and intrusted by her late Husband; and the said Robert Doyley, after he was so admitted into the said Receivership, did for several Years receive the Rents and Profits of the said Infant's Estate, to the Amount of about Ten Thousand Pounds, or other great Sum, and in his Life-time did embezzle and convert to his own Use great Part thereof; and in or about the Month of November One Thousand Seven Hundred and Twenty-two, died insolvent, and, indebted to the said Infant and his Estate in the Sum of Two Thousand Six Hundred Pounds, or other great Sum, upon the Balance of his Accompt, no Part whereof has hitherto been satisfied or paid: And the said Thomas Earl of Macclesfield, in further Abuse of his Power, and in Contempt of the Laws and Statutes of this Realm, when, upon Debate of the Matter in the said Court of Chancery before the said Earl, being then Lord Chancellor, in the Month of January or February in the Fifth Year of His Majesty's Reign, or in One of them, it was insisted upon, in Behalf of the said Rachel Tyssen, by her Counsel of great Ability and Experience in the said Court, "That such the Proceedings of the said Earl as Lord Chancellor were a reviving the Power of the Court of Wards, and were not supported or warranted by any Precedent in the Court of Chancery;" he the said Thomas Earl of Macclesfield, then sitting in the Court as Lord Chancellor, did not only persist in such his Appointment of the said Robert Doyley, but did also arbitrarily, and in Defiance of the said good and benesicial Statute, say and declare, in open Court, "That then he would make a Precedent in that Instance;" or he the said Earl declared and expressed himself to that Effect; which Actings, Proceedings, and Declarations, of the said Earl, have been, and were, not only very injurious and prejudicial to the Right and Interest of the said Rachel Tyssen as Guardian, and to the great Damage and Loss of the Infant Francis John Tyssen, and a notorious Violation of Property; but were also a dangerous Exercise of illegal and arbitrary Power, to the Destruction of the Laws and Constitution of this Realm in manifest Breach of his Oath as Lord Chancellor, and in great Abuse of his Authority.
"And the said Knights, Citizens, and Burgesses, by Protestation, saving to themselves the Liberty of exhibiting, at any Time hereafter, any further Articles, or other Accusation or Impeachment, against the said Thomas Earl of Macclesfield, and also of replying to his Answers which he shall make unto the said Articles, or any of them, and of offering Proof to all and every the aforesaid Articles, and to all and every other Articles, Impeachment, or Accusation, which shall be exhibited by them, as the Case shall according to the Course of Parliament require, do pray, that the said Thomas Earl of Macclesfield may be put to answer the said Crimes and Misdemeanors; and that such Proceedings, Examinations, Trials, and Judgements, may be thereupon had and given, as is agreeable to Law and Justice."
Which being ended:
The Earl to put in his Answer, and Counsel assigned him.
The Earl of Macclesfield desired a Copy thereof might be delivered to him; and said, "He would put in his Answer as soon as he could."
And then his Lordship desired, "That Mr. Reeves, Mr. Lingard, Mr. Robyns, and Mr. Strange, might be assigned him for his Counsel."
It is Ordered, That the Earl of Macclesfield may have a Copy of the said Articles delivered to him; and that Mr. Reeves, Mr. Lingard, Mr. Robyns, and Mr. Strange, be assigned his Lordship's Counsel, as desired.
Continuing Annuities to the Bank, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the several Annuities of Eighty-eight Thousand Seven Hundred Fifty-one Pounds Seven Shillings and Ten Pence Half-penny, and One Hundred Thousand Pounds, to the Bank of England, until Midsummer One Thousand Seven Hundred Twenty-seven; and from thence, for reducing the same to Seventy-one Thousand and One Pounds Two Shillings and Three Pence Three Farthings, and Eighty Thousand Pounds, redeemable by Parliament; and for preventing the uttering of forged, counterfeited, or erased, Bank Bills or Notes."
After some Time spent therein, the House was resumed.
And the Earl of Westmorland reported from the said Committee, "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."
D. of Kent's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Estates of the most Noble Henry Duke of Kent, in the Counties of Hereford, Monmouth, and Gloucester, in the said Duke and his Heirs; and for settling his other Estates, in the Counties of Essex, Suffolk, Bedford, Hertford, Northampton, and Leicester, in Lieu 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 Monday the Fifth Day of April next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
D. of Bolton Bill.
The House proceeded to take into Consideration the Amendments made by the Commons to 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."
And the said Amendments, being read Thrice by the Clerk, were severally agreed to by the House; and are as follow; (videlicet,)
"Press 6th. L. 24. After ["paid"], insert Clause [A.]
"[A.] And whereas, at the Time of the making the said Indenture Quinquepartite, there were several Terms for Years, of and in the Premises therein comprized, or of and in some Part, then subsisting, which were then intended to be kept on Foot, in Trust, to protect, and to attend and wait upon, the several Uses and Estates in and by the said Indenture Quinquepartite limited; and, for that Purpose, the several Terms of Five Hundred Years, Ninety-nine Years, and One Thousand Years, mentioned or recited in an Endorsement on One of the Skins of the said Indenture Quinquepartite to have been limited by Richard late Earl of Carbery, deceased, and which were therein also mentioned to have been assigned, upon the Marriage of the said John Earl of Carbery, to several Trustees, whereof Thomas late Lord Viscount Weymouth was the Survivor in Trust, to attend the Uses of that Marriage Settlement; and also the Term of Six Hundred Years, in and by the said Endorsement mentioned to have been limited by the same Settlement to Trustees therein named, whereof William late Marquis of Halifax was the Survivor, were, by the said Endorsement, mentioned to be respectively assigned by the said Thomas Lord Viscount Weymouth and the Executors of the said William Marquis of Halifax, by the Direction of the said Anne Dutchess of Bolton, before her Intermarriage, to Trustees in the said Endorsement named, in Trust, to attend the Uses and Estates limited by the said Indenture Quinquepartite, of the Freehold and Inheritance of the Premises comprized in the same Terms respectively; but the same Terms were not assigned, the said Endorsement having been executed only by the said Dutchess of Bolton: Now it is hereby further Declared and Enacted, That the said several Terms of Five Hundred Years, Ninety-nine Years, One Thousand Years, and Six Hundred Years, shall be, and are hereby, vested in the said Lord William Pawlet and the said Sir Nicholas Williams, their Executors, Administrators, and Assigns, in Trust, that the said Lord William Pawlet and Sir Nicholas Williams, their Executors, Administrators, and Assigns, shall and do, by the Direction, and at the Nomination, of the said Duke and Dutchess of Bolton, assign, transfer, and make over, the said several Terms unto Trustees, to be named by the Person or Persons who shall so advance and lend any Sum or Sums of Money, not exceeding Twenty Thousand Pounds, in Pursuance of this Act, in Trust, for the better and more effectual securing the Re-payment of such Sum or Sums of Money so to be advanced and lent, and the Interest thereof respectively; and afterwards, and subject thereto, in Trust, to attend and go along with the several Uses and Estates limited of the Freehold and Inheritance of the same Premises therein respectively comprized, in and by the said Indenture Quinquepartite.
"And whereas there may be several other Terms for Years and Incumbrances subsisting upon and affecting the Premises in the said Indenture Quinquepartite comprized; now it is hereby further Declared and Enacted, That, upon Payment of the Money due upon and secured by the said Terms for Years and Incumbrances, to the Persons entitled to the same respectively, the said several Terms for Years and Incumbrances shall, by the Direction, and at the Nomination, of the said Duke and Dutchess of Bolton, be assigned and made over unto Trustees, to be named by the Person or Persons who shall so advance and lend any Sum or Sums of Money, not exceeding Twenty Thousand Pounds, in Pursuance of this Act, his and their Executors, Administrators, and Assigns, respectively, in Trust, for the better and more effectual securing the Re-payment of such Sum or Sums of Money so to be advanced and lent, and the Interest thereof respectively; and afterwards, and subject thereto, in Trust, to attend and go along with the several Uses and Estates limited of the Freehold and Inheritance of the same Premises, in such Terms and Incumbrances respectively, comprized in and by the said Indenture Quinquepartite."
"Press 7th. L. 13. After the Second Word ["Bolton"], to insert ["the said Scroop Duke of Bridgewater, Lord William Pawlet, and Philip Dormer Lord Stanhope, and their Heirs, the Sons and Daughters of the said Duke of Bolton by the said Dutchess, and the Heirs Males of the Bodies."]
"Line 14. Before ["and"], insert ["of the Bodies of such Sons and Daughters respectively"]; and after ["and"], insert ["the"]; and after ["Issues"], insert ["Heirs and Nominees"]."
Message to H. C. that the Lords agree to their Amendments to it.
And a Message was sent to the House of Commons, by Mr. Holford and Mr. Thurston, to acquaint them therewith.
Manchester Road Bill:
The Earl of Warrington reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road from Sherbrook Hill, near Buxton and Chappel in the Frith, in the County of Derby, to Manchester, in the County of Lancaster," was committed: "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Then the said Bill was read the Third Time.
And the Question being put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Tunbridge Road Bill:
Hodie 3a 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 Cross, in the Parish of Brenchly, in the said County of Kent."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Unrated Goods, for rating of, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for rating such unrated Goods and Merchandizes as are usually imported into this Kingdom, and pay Duty ad Valorem, upon the Oath of the Importer; and for ascertaining the Value of all Goods and Merchandizes not inserted in the former or present Book of Rates; and for repealing certain Duties upon Drugs and Rags; and for continuing the Duty upon Apples; and for ascertaining the Method of admeasuring Pictures imported."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords agree to the Three preceding Bills.
And Messages were severally sent to the House of Commons, by Mr. Holford and Mr. Thurston:
To acquaint them, that the Lords have agreed to the Three last mentioned Bills, without any Amendment.
De la Croze Nat. Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Mary Marie de la Croze," was committed: That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
White admitted in Forma Panperis.
Upon reading the Petition of Mary White, Respondent to the Appeal of Christopher Chamberlain; praying, "In regard it appears, by the said Appeal, that the Petitioner was admitted in Forma Pauperis in the Court of Chancery in Ireland, that the may be admitted to defend herself in like Manner before this House; and that Counsel may be appointed her:"
And thereupon an Affidavit, made by Jeremiah Moore of the Parish of St. Dunstan's in the West, relating to the Petitioner's Poverty; and "that he verily believes the Petitioner was admitted to sue in Forma Pauperis in the Court of Chancery in Ireland," being read:
It is Ordered, That the Petitioner be admitted to make her Defence to the said Appeal, in Forma Pauperis, according to the Prayer of the said Petition; and that Mr. Edgworth and Mr. Hamilton be assigned her for her Counsel.
Pleadings and Proceedings, in several Causes, proved.
The House was informed, "That John Roberts attended, with several Pleadings and Proceedings, to be made Use of on hearing the several Causes wherein Richard Stone Esquire is Appellant, and Arthur Earl of Anglesey and others are Respondents; and wherein Richard McGuire Merchant is Appellant, and Richard Maddin is Respondent; and wherein Theobald Burke and others are Appellants, and Thomas Lynch Esquire is Respondent; and wherein William Vaughan is Plaintiff, and Robuck Blake is Respondent; and desired now to prove the same to be true Copies:"
He was thereupon called in; and attested upon Oath, at the Bar, "That the same were true Copies, he having examined them with the Originals, in the respective Offices in Ireland."
And then he withdrew.
Malt Duties, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Twenty-five; and for transferring the Deficiency of a late Malt Act to this Act; and for explaining a late Act in relation to Stamp Duties on News Papers; and for appropriating the Supplies granted in this Session of Parliament; and for disposing certain Overplus Money to proper Objects of Charity; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords agree to it.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Thurston:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Blake's Petition touching Costs to be paid.
A Petition of Robuck Blake Gentleman, Respondent to the Appeal of William Vaughan Merchant, was presented to the House, and read; praying, "That the said Appellant may be ordered to pay the Costs which he put the Petitioner to in the House of Lords in Ireland; and to deliver to the Petitioner such of his Papers as the Appellant took from Mr. Sterne, the Clerk of the said House of Lords; and that the Appellant may give good Security for Payment of the Costs of this Appeal."
And thereupon the Petitioner, as also the Appellant, together with Mr. Cole and Mr. Hamilton their Agents, were called in.
And the said Agents were heard; and the Parties themselves were examined, upon their Oaths, touching the Allegations of the said Petition.
And being withdrawn:
Rejected.
It is Ordered, That the said Petition be rejected.
Rice and Hussey versus Sheehy.
Upon reading the Petition and Appeal of Dominick Rice and Thomas Hussey Gentlemen; complaining of a Decree of the Court of Chancery in Ireland, made the Eighteenth of February last, in a Cause wherein Katherine Sheeby was Plaintiff, and the Petitioners and others were Defendants; and praying, "That the same may be reversed and rectified, and the Plaintiffs Bill dismissed, with Costs:"
It is Ordered, That the said Katherine Sheeby may have a Copy of the said Appeal; and shall and she is hereby required to put in her Answer thereunto, in Writing, on or before Saturday the Twenty-fourth Day of April next.
Adjourn.
Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum secundum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.