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Plaintiff in Error do pay or cause to be paid to the De “ Date on the 4th Day of February One thousand eight
“ Ireland ; that the said Cause did in fact come on to be
“ re-heard on the said 4th Day of February 1807, and O'Kelly Upon reading the Petition of Joseph Sparkes, De was actually in part re-heard on that Day, which reagainst fendant in a Writ of Error depending in this House, “ hearing was continued on the 5th, 6th, gth, and 10th Sparkes : wherein Andrew Dennis O'Kelly is Plaintiff ; setting Days of the said Month of February 1807, on which
forth, “ That the Plaintiff hath not assigned Errors - last-mentioned Day the said Decree or Order bears
“ Costs as to their Lordships shall seem meet :" “ Appeal, by substituting the Words“ said ist Day of
“ February 1805,” in place of the Words “ 12th Day of Non-pros'd enter a Non-pros on the said Writ of Error, as desired;
February 1805;” and also by substituting in the said with Cofts. and that the Record be remitted to the Court of King's
“ Appeal, after the Words, “ and the said Cause was
6 set down to be re-heard on the 4th Day of February
“ 1807," and fame was accordingly re-heard on that
“ Day, the Words, “ and on the 5th, 6th, 9th, and
“ roth Days of faid Month of February, on which laste
“ to order," &c. the Petitioner amending the Respon.
« dents Copy :"
It is ORDERED, That the Petitioner be at Liberty to
" Keith is Appellant, and William Hamilton is Respon-
ORDERED, That the further Consideration and Se Carpbell's
“ the Marriage of Peter Campbell junior, Esquire, with Causes alter those aiready appointed.
“ Elizabeth Lewis Woollery his now Wife, and to enable
“ him to marry again, and for other Purposes therein Bp.Rochester Upon reading the Petition of the Right Reverend
“ mentioned ;" which stands appointed for this Day, med Fonfer's Walker Lord Bishop of Rochester, Patron of the Rectory be put off to Tuesday next; and that the Lords be sumand Parish Church of Saint Mary Woolwich, in the County
of Kent, and the Reverend Hugh Fraser. Clerk, Rector
Dominus Cancellarius declaravit præsens Parliamen- Adjourk, to bring in a Bill, for the Purposes in the said Petition. tum continuandum esse ufque ad et in diem Veneris, mentioned:
vicesimum quartum diem inftantis Februarii, horà unde
cimâ Auroræ, Dominis fic decernentibus.
I E Veneris, 24° Februarii 1809.
Dux CUMBERLAND. Ds. Hastings.
Ds. Eldon, Cancella. Ds. Napier. Radcliffe, &c. The Lord Walfingham reported from the Lords Com
Ds. Dutton. Enclosure
rius. mittees, to whom the Bill, intituled, “ An Act for en
Ds. Walsingham. Bill. “ closing Lands in the Parish of Radcliffe, and the Town
Comes IVestmorland, Ds. Auckland. “ fhip of Ainsworth, in the Parish of Middleton, in the
Is. Carrington. “ County Palatine of Lancaster," was committed : “That “ they had considered the said Bill, and examined the
Dux Norfolk, Maref. Ds. Redesdale
Ds. Arden. 56 Allegations thereof, which were found to be true ;
Ds. Ailja. " that the Parties concerned had given their Consents,
Comes Carlife. to the Satisfaction of the Committee ; and that the
Comes Selkirk. ommittee had gone through the Bill, and directed
Comes Aboyne. “ him to report the same to the House, without any
Comes Grabam. " Amendment."
Sarah Davis Widow, and others, are Respondents ; set-
After hearing Counsel in Part in the Cause wherein Roche against “ January last, presented his Appeal to their Lordships John Roche Esquire is Appellant, and Mary Morgell Morgeil et al.
against Three several Decrees and Orders of the Court Widow, and others, are Respondents :
Lordships would be pleased to reverse the same, or Cause be put off to Monday next.
to grant such Relief to the Petitioner as to their Lord.
et al. Petition
referred to “ bear Date on the 12th Day of February, instead of Archdeacon of Lincoln, Doctor of Divinity ; Francis Judges. " the First Day of February 1805, on which Day the Swan Clerk, Vicar of Kirton, in the Çounty of Lincoln ; "s said Decree, prayed to be reversed, is dated : That George Hutton Clerk, Rector of Algarkirke cum Fofdyke, “ another Decree or Order prayed by the said Appeal in the said County of Lincoln, Doctor of Divinity ; and to be reversed, is by the faid Appeal stated to bear Thomas Francis Twigge of Tickbill, in the County of.
York, Clerk ; praying Leave to bring in a Bill for the Pur A Message was brought from the House of Commons, Ro: herham
are they desire the Concurrence of this House.
Enclosure the Bill, have signed the Petition; and also, that the
With a Bill, intituled, “ An Act for enclosing Lands
“ in the Parish of Hursley and the Manor of Murdon,
“ in the County of Southampton;" to which they desire Tirel Morin Upon reading the Petition of Mary Anne Tirel Morin, the Concurrence of this House. and Hum
of Weedon Lodge and Hardwicke, in the County of phreys Peti
The faid Three Bills were, severally, read the First tion referred Buckingham, Widow, and Salupury Pryce Humplireys
Time. to Judges. Esquire, a Captain in the Royal Navy, on Behalf of him. self and his Son Salusbury Humphreys, an Infant of
The Order of the Day being read for hearing One Pemberton et tender Years ; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned :
Counsel on each side further to argue the Errors af- al. against
signed upon the Writ of Error, wherein Mary Pemberton Willington, 'It is Ordered, That the Consideration of the said and others are Plaintiffs, and Charles Oakes and Thomas in Error: Petition be, and is hereby referred to Mr. Baron Thom. Willington are Defendanis; for and Mr. Justice Le Blanc, who are forthwith to fum
Counsel were accordingly called in, mon all Parties concerned in the Bill; and after hearing them are to report to the House the State of the Cafe, Then, Upon reading the Petition of Charles Oakes and Defendants with their Opinion thereupon, under their Hands; and Thomas Willington,surviving Partners of William Harding, Petition to whether all Parties, who may be concerned in the Con- deceased ; setting forth, “ That in Trinity Term One thou- quash the sequences of the Bill, have signed the Petition ; and also, “ fand eight hundred and fix, the Petitioners commenced Error. that the Judges, having perused the Bill, do sign the same. an A&tion in His Majesty's Court of Exchequer of
“ Pleas at Westminster, against Mary Pemberton Widow, St. Mary
“ Thomas Pemberton, Edwin Pemberton, and Benjamin
Stokes, Executrix and Executors of the last Will and
« Testament of Samuel Pemberton, deceafed, on a Bond Petition re
in the University of Oxford, and of the Scholars of the ferred to said College; praying Leave to bring in a Bill for the
“ entered into by them in the penal Sum of Forty thouJudges. Purposes in the said Petition mentioned :
“ fand Pounds, and filed their Declaration thereupon in
“ the same Term : That on the Twenty-fourth Day of It is ORDERED, That the Consideration of the said
“ June One thousand eight hundred and fix, the said
Mary Pemberton and others, the Defendants in the said
“ Action, pleaded thereto a sham Plea of Judgment re-
“ covered, to which a Replication was duly filed and cerned in the Bill; and after hearing them are to re
“ Issue thereupon joined : That on the Eleventh Day of port to the House the State of the Case, with their Opi.
“ November One thousand eight hundred and fix, the nion thereupon, under their Hands; and whether all
“ faid Plea was withdrawn, and Judgment was thereParties, who may be concerned in the Consequences of "
upon signed in the said Action by the Petitioners : That the Bill, have signed the Petition ; and also, that the
" the said Mary Pemberton and others afterwards obtained Judges, having perused the Bill, do sign the same. “ a Rule in the faid Court of Exchequer, calling upon
“ the Petitioners to shew Cause why the faid Judgment Radeliffe, &c. Enclosure
Hodie zo vice lecta et Billa, intituled, “ An Act for “ should not be set aside, and the said Mary Pemberton
" enclosing Lands in the Parish of Radcliffe, and the “ and others let in to plead to the faid Action, which
“ That the said Mary Pemberton and others sued out a
“ Writ of Error upon the said Judgment, founded upon
“ the Statute made in the Thirty-first Year of the Reign
“ of King Edward the Third, returnable before the
“ on Tuesdny the Eighteenth Day of November One thou.
“ fand eight hundred and six, which Writ of Error was Smith and Mr. Ord : the Lords
Non-pros'd for Want of an Assignment of Errors: That have agreed
To acquaint them, That the Lords have agreed to “ the said Mary Pemberton and others afterwards sued the said Bill, without any Amendment. .
“ out a Writ of Error, returnable before His Majesty
“ in Parliament, directed to the Treasurer and Barons of Militia A Message was brought from the House of Commons, “ His Majesty's Exchequer fuggesting therein, that in Enlistment (Ireland), by Mr. Wharton and others:
“ the Record and Process, as also in the giving of Judg
“ ment in the said Plaint in Our faid Lord the King's Bill. With a Bill, intituled, “ An Act to allow a certain
“ Court before His Barons in His Exchequer aforesaid by “ Proportion of the Militia in Ireland voluntarily to en
“ Bill between the said Parties, which Record and Pro“ lift into His Majesty's Regular Forces ;” to which they
“ cess, by reason of Error intervening, Our said Lord the defire the Concurrence of this House.
“ King caused to come before the Lord Chancellor of The said Bill was read the First Time.
“ Great Britain, and the said Treasurer and Barons, into
" the Chamber of Council, called the Council Chamber ORDERED, That the said Bill be printed.
“ of the said Exchequer; and Judgment thereupon be
66 fore the said Lord Chancellor and the said Treasurer Gainburgh
A Message was brought from the House of Commons, Paving Bill.
" and Barons was affirmed, manifest Error had interby Mr. Eyre and others :
“ vened to the great Damage of the said Mary Pemberton With a Bill, intituled, “ An Act for more effectually" and others; and thereupon commanding, that if Judg.
improving the Streets, Lanes, and public Passages, in ment was given thereupon and affirmed, they should
“ the Record of the faid Judgment, or a Transcript
“ thereof, hath been brought before their Lordships : “ be paid for Tithes, in respect of the Houses and
thereupon given by their Lordships: That the Petition “ of the Court of Exchequer, and that the same were
original Judgment given before the said Barons was “ one, when a Verdict was again given for the Petition.
the said Writ returnable in Parliament: The Event “ the Appellants, on the 22d Day of January One 6 mentioned in the said Writ as the Foundation thereof “ thousand eight hundred and five, presented a Petition “ not having happened, the Petitioners have been further “ of Appeal to their Lordships against the said Decree, " advised, and humbly submit to their Lordihips, that “ and that the same now stands Ten off in their Lord. “ Errors of Judgments in the Exchequer before the Thips Paper of Appeals : That during the Time this “ Barons must, by virtue of the said Statute passed in “ Suit has been depending, (which is upwards of " the Thirty-first' Year of the late King Edward the « Thirteen Years), several of the Parishioners who
Third, be corrected in the said Council Chamber, “ were, as the Petitioners submit, liable to pay them " and no where else, and cannot be corrected by their - considerable Sums for Tithes, and who at the filing “ Lordships before the fame Judgments have been ex “ of the Bill were apparently in flourishing Circum“ amined and affirmed in the said Council Chamber : “ stances, have since become infolvent ; that others who of That the said Proceedings of the said Mary Pemberton or were in Arrear are dead, and their Estates are di. " and others have been manifestly calculated for Delay“ vided, and in other Cases are found to be deficient; only, and not for any Purpose of Justice, and have
of the Parishioners on whom the Petitioners “ been in the highest Degree vexatious and oppressive to " have considerable Demands, refuse to settle with them “ the Petitioners ; and therefore praying their Lord “ till the present Appeal is decided, alledging that the “ fhips, That the said Writ of Error returnable before “ Petitioners Right is not yet determined ; and that “ their Lordships may be qualhed, and the Record of "6 others of the Parishioners have removed out of the “ the said Judgment, or the Transcript thereof, be with “ Parish, without the Petitioners being able to trace “ drawn, and remitted into the said Court of Pleas " where they are removed to: That by the Means above “ before the Barons ; and that the Petitioners may have “ stated, and by Reason of the great Delay which " such further and other Relief in the Premises, as to “ these Proceedings have occasioned, the Petitioners “ their Lordships, in their great Wisdom, shall seem “ have already suitained great Injury, and are fearful (6 meet :"
“ the same will be much increased, if the Appeal is not It is ORDERED, That the said Petition do lie on the
“ immediately disposed of; and therefore praying,
“ Thac their Lordships will be pleased to appoint an
early Day for hearing the said Appeal :"
And thereupon the Agents on both sides were called
in, and heard at the Bar; and being withdrawn,
ORDERED, That this House will hear the said Cause,
Morris et al.
A Petition of the Warden of the College of the A Petition of the Reverend Doctor Playfair, of the Playfair et al. Twelve Minor or Petty Canons of the Cathedral United College of St. Salvator and St. Leonard in the againh MacChurch of Saint Paul in London, and the Minor and University of St. Andrews, and others, Professors in the donald et al. Petty Canons of the said College and Francis Rivington, fame University, Appellants in a Cause depending in John Webfler and Thomas Smith Respondents in a Cause this House ; and of the Reverend James Macdonald, depending in this House, to which Robert Morris, Miniiter of Kemback, Mr. Nicholas Vilant, and others, William Herne, now Sir William Herne Knight, George Professors in the fame University, Respondents thereto, Baker, Richard Gould, George Beauchamp, Thomas was presented and read; setting forth, “ That the Howard the Elder, Robert Smith, Richard Jennins, Question at issue in this Appeal relates to the Right Robert Smith the Younger, James Neale, Thomas Bailey, “ of the Appellant Doctor Playfair to vote in the ElecCharles Alexander Crickett, James Townleye, and Thomas “ tion of Professors, whose Offices are in the Patronage Carr, are Appellants, was presented and read ; setting “ of the United College of which he is Principal : That forth, “That in February One thousand seven hundred " this Cause has depended for several Years, and the “ and ninety-fix a Bill was filed in the High Court of - Dissensions thereby occasioned have been injurious to “ Chancery by the Petitioners againit the Appellants,
66 the successful Cultivation of Science and Literature; to recover certain lithes for Premises occupied by “ and should a Vacancy happen in any of the Offices of “ them in the Parish of Saint Gregory in the City of " which the Members of the said United College are “ London, and that the Appellants in April following “ Patrons, before the Determination of this Cause, “ filed their Cross Bill against the Petitioners : That in “ fimilar Controversies may take place, to the great De“ Michaelmas Term One thousand feven hundred “ triment of the University, and of the Public as inte. “ and ninety-eight, the Two Causes came on to be « refted in its Welfare: That as this Question relates « heard before the Lord Chancellor, when it was or “ to a Privilege of a Member of a Scotch University, 66 dered that Issues should be tried at the Bar of the “ and as the Decision of it must depend upon the Prac. “ Court of King's Bench, whether at the Time of the “ tice of the University and the Law of Scotland in “ Decree, dated the Twenty-third Day of February “ fimilar Cafes of Election, both Parties are anxious “ One thousand five hundred and forty-five, any and “ to have the Asistance of Scotch Counsel in arguing “ what less Sum than Two Shillings and Nine-pence“ the same at their Lordships Bar; and therefore pray“ in the Twenty Shillings Rent had been accustomed to “ing, That this Appeal may be appointed to be heard VOL. XLVII.
s on the Twenty-first Day of March next, or on such Then his Lordship came to the Table, and took the
of Counsel from the Scotch Bar, as to their Lord. to the Statutes; and was afterwards placed on the Barons
and the Lord Hay. And also, A Petition of Doctor Robert Arnot and others, Professors in the University of St. Andrews, The Order of the Day being read for hearing Counsel Parry against Appellants in a Cause depending in this House; and to argue the Errors afligned upon the Writ of Error, Younge, in
Error: of Doctor George Hill and others, Professors in the wherein John Parry is Plaintiff, and Edward Younge Desame University, Respondents thereto, was presented fendant : and read ; setting forth, “ That the Question at issue “ in this Appeal is whether or not the University of Error depending in this House, wherein John Parry is
A Petition of Edward Younge, Defendant in a Writ of
“ Petitioner having recovered a Judgment in His Ma
jesty's Court of Common Pleas, against the Plaintiff in
Error, for the Sum of Two hundred and sixteen Pounds
Eighteen Shillings Damages, the said Plaintiff brought
a Writ of Error thereon returnable in His Majesty's
“ Court of King's Bench, which said Judgment was af-
“ firmed without Argument, with Twenty-four Pounds
" Costs ; and the said Plaintiff thereupon brought a Writ
c of Error returnable before their Lordships, and the Re-
cord having been transcribed, was together with the faid
“ Writ of Error, brought up into this House on the First
Day of February Instant; and the Plaintiff hath assigned
“ the general Errors thereon, to which the Petitioner
“ hath rejoined, and the Cause is now set down for hear-
ing ; but, inasmuch as the Plaintiff in Error declines ar-
“ guing the Errors so assigned before their Lordships, the
“ Petitioner therefore prays their Lordships, That the said
Judgment of His Majesty's Court of Common Pleas,
“ and the Affirmance of the fame Judgment by His Ma-
jesty's Court of King's Bench, may be in all Things
“ affirmed, with such Costs as their Lordships thall And thereupon the Agents for the Petitioners were " think fit; or that their Lordships will please to make called in, and heard at the Bar; and being withdrawn, “ such other Order therein, as to their Lordships, in
ORDERED, That this House will hear the said Causes “ their great Wisdom, shall seem meet; the Agent for together, by Counsel at the Bar, on Tuesday the 21st Day “ the Plaintiff in Error having signed the Petition as of March next, as desired.
And thereupon the Agent for the Defendant was
ORDERED and ADJUDGED by the Lords Spiritual and Judgements introduced between the Lord Walsingham and the Lord Temporal, in Parliament assembled, That the said Judg- attirmed with Ailfa (also in their Robes), the Yeoman Usher of the
ment given in the Court of Common Pleas, and the
brought into this House : And it is further Ordered,
The Tenor of which Judgment, to be affixed to the
" at Westminster, comes as well the said John Parry in
“ his proper Person, as the said Edward Younge by his “ certain Parliament to be holden at Our City of Weft
“ faid Attorney; whereupon all and singular the Pre“ minster on the Fifteenth Day of December next en “ mises having been seen, and by the Court of Parlia“ suing, and there to treat and have Conferrence with
“ ment aforesaid now here more fully understood,- and “ the Prelates, Great Men, and Peers of Our Realm ;
“ as well as the Record and Proceedings aforesaid and We, strictly enjoining, command you, upon the Faith
“ the Judgment thereon given, as the Causes and Matters “ and Allegiance by which you are bound to Us, that,
by the faid John Parry above for Error assigned, “ the Weightiness of the said Affairs and imminent
“ being diligently examined and inspected, and mature “ Perils considered, (waiving all Excuses), you be at “ Deliberation being thereon had, it seems to the Court " the said Day and Place personally present with Us, "s of Parliament aforesaid now here, that there is no “ and with the said Prelates, Great Men, and Peers, to “ Error, either in the Record and Proceedings afore“ treat and give your Counsel upon the Affairs afore “ faid, or in the Rendition of the Judgment aforesaid, “ said; and this, as you regard Us and Our Honour, “ or in the Affirmance of the said Judgment, and that “ and the Safety and Defence of the faid Kingdom ( the said Record is in no wise vitious or defective; there“ and Church, and the Dispatch of the said Affairs, in 6 fore it is considered by the same Court of Parliament no wise do you omit.
« aforesaid, that the Judgment aforesaid, and also the
“ faid Causes and Matters by the said John Parry above
Ld. Dutton introduced.
“ is further considered by the same Court of Parliament Parties concerned in the Bill; and, after hearing them,
to the same Edward, with his Assent by the fame ther all Parties, who may be concerned in the Confe-
referred to “ faid, as also the Proceedings aforesaid, in the same Stuart Wortley Esquire his eldest Son, and Lady Caroline
Judges. “ Court of Parliament, in the Premises had by the fame Elizabeth Mary his Wife, and George Stuart Wortley “ Court of Parliament, to the Court of the said Lord Esquire his Second Son ; praying Leave to bring in a “ the King, before the King Himself wheresoever, &c. Bill for the Purposes in the said Petition mentioned: " are remitted, &c.
It is ORDERED, That the Confideration of the said
Petition be, and is hereby referred to the Lord Chief Adjourn.
Dominus Cancellarius declaravit præsens Parliamen. Baron of the Court of Exchequer and Mr. Justice Bayley,
House the State of the Case, with their Opinion there-
perused the Bill, do fign the same.
Upon reading the Petition of George Marquis of Marquis of Domini tam Spirituales quam Temporales præsentes Tweeddale, John Hay Esquire, and Charles Selkrig Esquire, Tweeddale et fuerunt :
Trustees acting under the Deed of Trust executed by referred to Archiep. Cantuar. Ds. Eldon, Cancella- Ds. Clifton.
George fume time Marquis of Tweeldale deceased; Ed. Judges. rius. Ds. Walsingham.
ward Hay Mackenzie of Newhall Esquire, for himself and Epus. Carliol.
on Behalf of John Hay Mackenzie his Son, an Infant ;
William Hay Newton of Newton Esquire, and Robert Hay
Ds. Hood of Cather-
of Spott Esquire, for themselves, and on Behalf of their
Infant Children; James Earl of Lauderdale, and the said
Edward Hay Mackenzie, as Guardians of the Infant
Children of George late Marquis of Tweeddale deceased;
praying Leave to bring in a Bill for the Purposes in the
said Petition mentioned :
It is ORDERED, That the Consideration of the said
Petition be, and is hereby referred to the Lord President
of the Court of Seflion in Scotland, the Lord Justice PRAYERS.
Clerk, and the Chief Baron of the Court of Exchequer
in Scotland, or any Two of them ; who are forthwith to Sir W. Eliott The Answer of Andrew Oliver to the Appeal of Sir fummon all Parties before them who may be concern against
William Eliott Baronet, was this Day brought in. Oliver.
in the Bill; and, after hearing all the Parties, and perusing Grant et al.
As was also, The Answer of Letitia Grant and others, the Bill, are to report to the House the State of the Cafe, against Grant et al. to the Appeal of Amelia Charlotte Grant and others. with their Opinion thereupon, under their Hands; and
are to sign the said Bill.
by Mr. Lygon and others :
- Term and Powers of Two Acts of His present Majesty,
« for repairing the Road from Ashbourne to Sudbury, Petition referred to
6 and from Sudbury to Yoxall Bridge, and from Hatton and Mary his Wife, on behalf of themselves and their Judges. Infant Children, Elizabeth Foote, Mary Foote, John
“ Moor to Tutbury, in the Counties of Derby and StafHolles Rolle Foote, Philip Locke Foote, Pierfon Foote,
ford; and for making Two new Branches of Road to
“ communicate therewith ;" to which they desire the
The Earl of Clancarty requested of the House, “ That Nomination
“ he might be permitted to go to the Select Committee of Writers, and Mr. Baron Graham, who are forthwith to summon
“ of the House of Commons, appointed to enquire into ea in the
“ the Existence of any corrupt Practices in regard to Companys all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Cafe, with
“ the Appointment and Nomination of Writers or Cadets Service :
“ in the Service of the East India Company, or any
“ Agreement, Negotiation, or Bargain, direct or indirect,
“ for the Sale thereof :" Whereupon, of the Bill, have signed the Petition ; and also, that the
, Judges, having perused the Bill, do sign the fame. ORDERED, That the Earl of Clancarty (upon his own E. Clancarty,
Request) be permitted to go to the Select Committee of leave to attend
Committee of D. Grafton's Upon reading the Petition of the most Noble Augustus the House of Commons, appointed to enquire into the H. C. Petition re
Henry Duke of Grafton, praying Leave to bring in a Bill Existence of any corrupt Practices in regard to the Apferred to Judges.
for the Purposes in the said Petition mentioned : pointment and Nomination of Writers or Cadets in the
It is Ordered, That the Confideration of the said Service of the East India Company, or any Agreement, Petition be, and is hereby referred to Mr. Justice Heath Negotiation, or Bargain, direct or indirect, for the Sale and Mr. Baron Wood, who are forthwith to fummon all thereof, if his Lordship thinks fit.