House of Lords Journal Volume 21: January 1720

January 1720

DIE Martis, 12^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

E. Hadington's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Estate of Thomas Earl of Hadinton in Trustees, to be sold; and, with the Monies arising thereby, to purchase other Lands, of the like Value, to be settled to the same Uses," was committed: That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Dunch's Committee revived.

Ordered, That the Committee to whom the Bill, intituled, "An Act for supplying the Defects in, and better Performance of, the Will of Edmond Dunch Esquire, deceased," was committed, be revived; and meet on Tuesday the Nineteenth Instant.

Lady O'Neal to enter into Recognizance for Lady Eustace.

The House being moved, "That the Lady Frances O'Neile may be permitted to enter into Recognizance for Dame Margaret Eustace, on Account of her Appeal depending in this House, to which Sir William Fownes and others are Respondents, the Appellant residing in Ireland:"

It is Ordered, That the said Lady Frances O'Neile may enter into a Recognizance for the said Appellant, as desired.

Call of the House adjourned.

The Order of the Day being read, for the House to be called over:

It is Ordered, That the Call of the House be adjourned till this Day Fortnight.

D. of Dover's Writ of Summons.

The House (according to Order) proceeded to take into Consideration the Matter of the Petition of Charles Duke of Queensberry and Dover; praying a Writ of Summons to Parliament, presented by him to His Majesty, and by His Majesty referred to this House.

And Counsel attending on Behalf of the said Duke:

They were called in, and heard.

And withdrew.

And, after Debate, the further Consideration of this Matter was ordered to be adjourned to Thursday next.

And some Questions having arisen, during the said Debate, concerning the Peerage of Scotland before the Union:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Counsel for Scotland shall have Notice thereof; and may be heard thereupon at that Time; and that the Counsel for the said Duke do then attend.

Sir William Keyt & al. Petition referred to Judges.

Upon reading the Petition of Sir William Keyt of Old Stratford in the County of Warwick Baronet, John Keyt Esquire, Francis Keyt Gentleman, Two of the Brothers of the Petitioner Sir William Keyt, and Dame Agnes Keyt Mother and Guardian of Hastings Keyt One other of the Petitioner's Brothers, an Infant under the Age of One and Twenty Years; praying Leave to bring in a Bill, for vesting and settling the Manor of Upper Norton and Middle Norton, in the County of Gloucester, with the Lands thereto belonging, charged with the Sum of One Thousand Pounds, to the same Uses, and subject to the same Limitations, as the Fourth Part of the Manor of Healing, in the County of Lincoln, with the Advowson, and Capital Messuage and Lands, in Stratford, Bishopton, and Welcomb, in the County of Warwick, are now settled; and that, in Lieu thereof, the said Fourth Part of the said Manor of Healing, with the said Advowson, and the said Capital Messuage and Lands, in Stratford, Bishopton, and Welcomb, may be vested and settled in and upon the said Petitioner Sir William Keyt, his Heirs and Assigns for ever, freed and discharged of and from all Estates, Uses, Limitations, and Agreements, in the Indenture of Release in the said Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Tracy; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum tertium diem instantis Januarii, hora undecima Aurora, Dominis sic decernentibus.

DIE Mercurii, 13^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Gratwood Heath, enclosing, Bill.

Whereas To-morrow is appointed, for hearing Counsel for Anne Pershall and Arabella Pershall, against the Bill, intituled, "An Act for enclosing the Heath, or Common, commonly called Gratwood Heath, in the Parish of Eccleshall, in the County of Stafford;" as also Counsel for any other Persons concerned for the said Bill, at the same Time, if they think fit:

And the House being moved, "That the Hearing thereof may be put off till Saturday next, in regard the Business on the Duke of Dover's Petition stands then to be further considered:"

Which was ordered accordingly.

Ludlow & al. versus Macartney & al:

After hearing Counsel, upon the Petition and Appeal of Stephen Ludlow Esquire, and Richard Fenner Gentleman, surviving Executors of Sir Walter Plunket late of Rathbeale Knight, deceased, and Plunket Plunket Esquire; complaining of an Order and Decree of the Lords Commissioners for hearing and determining Causes in the Court of Chancery in the Kingdom of Ireland, the Fifth and Sixth Days of February One Thousand Seven Hundred and Eighteen, in a Cause wherein the Appellants were Plaintiffs, and the Honourable James Macartney Senior, John Roberts, Gerald Cuffe, Michael Cuffe, and James Macartney Junior Esquires, were Defendants; and praying, "That the said Order and Decree may be reversed:" As also upon the several Answers of the said James Macartney, Senior, John Roberts, Gerald Cuffe, Michael Cuffe, and James Macartney Junior, put in to the said Appeal; and due Consideration of what was offered thereupon:

Decree affirmed; with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Order and Decree therein complained of be; and is hereby, affirmed: And it is further Ordered; That the Appellants do pay, or cause to be paid, to the Respondents, the Sum of Forty Pounds, for their Costs in respect of the said Appeal.

Bp. Peterborough to preach 30th Instant.

Ordered, That the Lord Bishop of Peterborough be, and is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Saturday the Thirtieth Day of this Instant January.

Jesus College Oxford, Petition referred to Judges.

Upon reading the Petition of John Lord Bishop of St. Asaph Principal, and the Fellows and Scholars, of Jesus College in Oxford; praying Leave to bring in a Bill, for making the Townships of Shipston and Tidmington a distinct Parish from the Parish of Tredington, in the County and Diocese of Worcester; and for dividing the Rectory of the said Parish of Tredington into Three Parts:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Lord Lovat versus Creditors of Alexander Mackenzie & al.

Upon reading the Petition and Appeal of Simon Lord Lovat; complaining of several Interlocutory Sentences, Orders, and Acts, of the Lords of Session in Scotland, of the Seven and Twentieth of June, the Eighteenth and Thirtieth of July, the Tenth of November, and the Ninth of December last, on the Behalf of the Creditors of Alexander Mackenzie, Hugh Fraser and Patrick Robertson their Factors, whereby the Judgement of this House of the Fourth of April last is rendered wholly useless and ineffectual; and praying, "That the same may be severally reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Creditors of the said Alexander Mackenzie, Hugh Fraser and Patrick Robertson their Factors, may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Tenth Day of February next; and that Service of this Order on the Procurator or respective Procurators of the Respondents in the said Court be deemed good.

Commissioners forfeited Estates versus Mackenzies; to answer peremptorily, referred to a Committee.

The House was informed, "That Kenneth Mackenzie and Colonel Alexander Mackenzie, Respondents to an Appeal of the Commissioners for forfeited Estates, had not put in their Answer thereunto, as required by Order of this House of the Fifteenth of December last, on receiving the said Appeal."

And an Affidavit of the due Service of the said Order being read:

It was moved, "That the said Respondents be required peremptorily to answer the said Appeal by Saturday next."

Hereupon the Lords following were appointed a Committee, to consider of the said Motion, and to inspect Precedents of Cases of like Nature; and to report their Opinion thereupon to the House; (videlicet,)

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.

Commissioners forfeited Estates versus Erskine.

Also, a Motion of like Nature being made, "That Thomas Erskine may be likewise required peremptorily to answer another Appeal of the Commissioners for forfeited Estates by Saturday next:"

The same was referred to the Consideration of the Lords Committees aforenamed.

Nicholetts' Petition referred to Judges.

Upon reading the Petition of Anne Mary Christiana Nicholetts, Widow to Gilbert Nicholetts Esquire, deceased, on Behalf of herself and Gilbert Nicholetts her Son, an Infant, of the Age of Years, and Mary Nicholetts and Anne Nicholetts Spinsters; praying Leave to bring in a Bill, to vest an Estate in the Petition mentioned, lying in the Counties of Hereford, Worcester, and Salop, in Trustees, to sell so much thereof as will pay off the Portions to the Petitioners Mary and Anne, and their Maintenance-money allowed by their Father's Will; and for other Purposes in the Petition expressed:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Dormer and Mr. Justice Eyre; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Sandford's Petition referred to Judges.

Upon reading the Petition of Anne Sandford, the Widow of William Sandford Esquire, deceased, and of William Sandford and John Sandford her Insant Sons, and of Elizabeth Sandford, Widow and Executrix of John Sandford late of Ninehead Florey in the County of Somerset Esquire deceased, and of Henry Sandford Esquire, and Ayshford Sanford Clerk, Nathaniel Castleton of London Esquire and Amy his Wife, John Harward of Plymtree in the County of Devon Esquire and Lucy his Wife, and Robert Incledon of New Inn Gentleman and Penelope his Wife; praying Leave to bring in a Bill, for Sale of the Manor of Culmestocke, in the said County of Devon, towards Payment of the Debts and Legacies of the said John Sandford; and that the Power of Leasing in the several Manors, in the Petition set forth, now solely vested in the said Elizabeth Sandford, may be vested in her and other Trustees, for the Purposes therein mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Price; 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.

Shipston and Tidmington Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making the Townships of Shipston and Tidmington a distinct Parish from the Parish of Tredington, in the County and Diocese of Worcester; and for dividing the Rectory of the said Parish into Three Parts."

Butler versus Bourke.

Upon reading the Petition of William Butler, Appellant in a Cause depending in this House, to which John Bourke and Frances his Wife are Respondents; praying, "In regard the said Respondents have not as yet put in their Answer to the said Appeal, that a Day may be appointed for hearing the same ex Parte:"

It is Ordered, That the said Petition do lie on the Table, till the Report be made from the Committee this Day appointed.

Eyre versus Daly.

Upon reading the Petition and Appeal of John Eyre, of the Kingdom of Ireland, Esquire; complaining of a Decree of the High Court of Chancery in the said Kingdom, of the Sixteenth of June last, in a Cause wherein Laughlin Daly was Plaintiff, and the Petitioner and others Defendants; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Laughlin Daly may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the Seventeenth Day of February next; and that Service of this Order on the Respondent's Clerk in the said Court be deemed good Service.

Mr. Collier to enter into Recognizance for V. Lanesborough.

The House being moved, "That Jabez Collier of Symmonds Inn Gentleman may be permitted to enter into Recognizance for Frances Viscountess Dowager Lanesborough, on account of her Appeal depending in this House, to which John Ockshott is Respondent; her Ladyship not being well enough to venture abroad:"

It is Ordered, That the said Jabez Collier may enter into Recognizance for the said Appellant, as desired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quartum diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.

DIE Jovis, 14^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Dr. Brodrick's Petition referred to Judges.

Upon reading the Petition of Lawrence Brodrick Doctor in Divinity, for and on the Behalf of Lawrence Brodrick his Son, an Infant of the Age of Four Years or thereabouts; praying Leave to bring in a Bill, to enable the Performance of the Articles of Agreement between the Petitioner and others, notwithstanding the Minority of the Petitioner's said Son:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Tracy; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

E. Shrewsbury & al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable Gilbert Earl of Shrewsbury, the Honourable George Talbot Esquire only Brother of the said Gilbert Earl of Shrewsbury, the Honourable Mary Talbot Wife of the said George Talbot, John Talbot of Longford in the County of Salop Esquire, the Right Reverend William Lord Bishop of Salisbury, Charles Talbot Esquire, Edward Talbot Clerk Archdeacon of Berks; and Sherington Talbot Esquire, Sons of the said William Lord Bishop of Salisbury; praying Leave to bring in a Bill, to con firm a Settlement made by the Petitioner Gilbert Earl of Shrewsbury; and to annex Estates to the said Earldom, by extending the Limitations thereof in the Manner in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament, assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Fortescue and Mr. Baron Page; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

D. of Dover adjudged to have no Right to a Writ of Summons.

The House (according to Order) proceeded to take into further Consideration the Matter of the Petition of Charles Duke of Queensberry and Dover, presented by him to His Majesty; praying a Writ of Summons to Parliament, and by His Majesty referred to the House.

And Sir David Dalrymple His Majesty's Advocate General for Scotland, and Mr. Dundas His Majesty's Solicitor, as also the Counsel for the said Duke, attending:

And it being agreed, by the House, that they should be called in;

And that the Lord Chancellor should acquaint His Majesty's said Counsel for Scotland, "That, a Question having arisen, "How far, by the Law of Scotland at the Time of the Union, a Patent to create an Insant a Peer of Scotland might be refused or waived at his coming of Age, or at any Time after?" the Lords were willing to hear what they have to offer thereupon."

Then the Counsel were called in.

And the Lord Chancellor having acquainted His Majesty's Counsel for Scotland as directed:

They were heard thereupon; as also upon other Questions proposed by the Lords.

And withdrew.

And it being proposed, "To resolve, That the Duke of Dover has a Right to a Writ of Summons to Parliament;"

And Debate thereupon:

The Question was put, "That the said Duke has a Right to a Writ of Summons to Parliament?"

It was Resolved in the Negative.

Resolved, and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Duke of Dover has no Right to a Writ of Summons to Parliament.

Respondents to Appeals, not answering in Time, Report.

The Earl of Clarendon acquainted the House, "That the Committee appointed Yesterday, to inspect the Method of proceeding in Cases where Respondents neglect to put in Answers to Appeals by the Time limited, have met; and that his Lordship was ready to make a Report, when this House will please to receive the same."

Ordered, That the said Report be received Tomorrow Morning.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quintum diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.

DIE Veneris, 15^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Resolution upon Duke of Dover's Pet. to be laid before His Majesty.

The Resolution and Judgement agreed to Yesterday, in the Case of the Duke of Dover, on the Consideration of his Petition to His Majesty, praying a Writ of Summons to Parliament, being read:

It is Ordered, That the Lords with White Staves do attend His Majesty therewith.

Malt Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Twenty; and for enabling the Lords Commissioners of His Majesty's Treasury to call in such Exchequer Bills as are to be canceled and discharged, with Money appointed for that Purpose."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Respondents to Appeals to answer peremptorly, Report concerning:

Commissioners for forfeited Estates versus Mackenzies.

The Earl of Clarendon (according to Order) reported from the Lords Committees appointed to consider of a Motion made for a peremptory Day to be appointed, for Kenneth and Alexander Mackenzie peremptorily to answer an Appeal of the Commissioners for the forfeited Estates, the said Respondents having not put in their Answer within the Time limited by Order of the House; and to inspect Precedents of Cases of like Nature: "That the Committee have considered the Matter to them referred, and inspected several Precedents: And finding the Methods used in Cases of this Nature to vary, their Lordships thought proper to state the said Precedents they perused, as follow; and submit this Matter to the Consideration of the House:

"24th March 1706, A Petition of Reynolds Calthrop and Samuel Battely was read; complaining, "That the Respondents to their Appeal had not answered the same, though served with the Order of this House for that Purpose, at their Abodes in Ireland, and their Clerks in Chancery there, they intending to delay the Petitioners from being heard this Session:" And thereupon the Cause was ordered to be heard the 31st of the same Month; and that, in the mean Time, the Respondents in Ireland might answer, if they thought fit."

"10th June 1714. A Motion being made, "That the Widow Tiffin, Respondent to the Appeal of Mr. Wilson, might be ordered to put in her Answer by a peremptory Day; she having been served with the Order of this House the Fifth of that Month:" It was ordered, "That she should peremptorily answer on or before the Sixteenth of the same Month."

"10th of the same June. A Petition of Denis Daly Junior and his Wife, was read; praying a peremptory Day for answering, the Order of this House for that Purpose having been served on the Respondent's Six Clerk the Eighteenth of May then last past: And thereupon Mary French was ordered peremptorily to put in her Answer on or before the Seventeenth of the same June."

"The 22th of the same June. A Petition of the said Respondent was read; praying further Time for answering the said Appeal; and thereupon the had Time accordingly allowed, till the 6th of July following."

"21st January 1717. A Motion being made, "That the Respondents to Stevenson's Appeal might be required peremptorily to answer the same by a Day to be appointed, they having been duly served with the Order of this House for that Purpose:" It was ordered, "That they should put in their Answer peremptorily on or before the Fourth of February following."

"15th March 1717. A Motion was made, "That a peremptory Day might be appointed, for the Lord Bellew and others, Respondents to the Appeal of John Carlton and others, to answer the same, they having been duly served with the Order of this House for that Purpose:" And thereupon the said Respondents were ordered peremptorily to put in their Answer within Three Days after the Beginning of the next Session of Parliament."

"21st of the same March. A Petition of Edward Bermingham and others, was read; praying, "That the Lord Shelburn might be compelled to answer the Petitioner's Appeal by a peremptory Day, he having been personally served with the Order of this House for answering, and has not obeyed it:" And thereupon his Lordship was required peremptorily to answer within Three Weeks after the Beginning of the next Session of Parliament."

"The 23d February 1718. A Motion was made, "That a peremptory Day might be appointed, for Bourke and his Wife to answer Butler's Appeal:" And Oath being made, at the Bar, of the Service of the Order of this House for that Purpose; it was ordered, "That the said Respondents should peremptorily answer on or before the Eleventh of March following; and that the Service of the Order on the Respondents Agent in the Cause should be good Service."

"16th of March following. A Motion being made, That a Day might be appointed, for the hearing Butler's said Appeal; the Respondents thereunto having neglected to answer, though duly served with the Order of this House; which required them peremptorily so to do:" It was ordered, "That the Cause should be heard on the First vacant Day for Causes after those at that Time appointed; and if the Respondents did not put in their Answer before such Hearing; that then the Appeal should be heard ex Parte."

Which Report being afterwards read by the Clerk:

Peremptory Days to be appointed, for answering Appeals.

Ordered, That when, upon an Appeal to this House, an Order is made for the Respondent to answer thereto by a Time limited, and no Answer is put in by that Time; upon Proof made of due Service of such Order, a peremptory Day shall be appointed for putting in the Answer, without any further Notice to be given to the Respondent.

And it being moved, "That the same may be made a Standing Order:"

Ordered, That this House will, on Tuesday Morning next, take the said Motion into Consideration; and that the Lords be summoned.

Mackenzies peremptorily to answer:

Ordered, That Kenneth and Alexander Mackenzie be, and are hereby, required peremptorily to put in their Answer to the Appeal of the Commissioners for the forfeited Estates on or before Friday the Two and Twentieth Day of this Instant January, at Eleven a Clock.

Erskine peremptorily to answer.

The like Order for Thomas Erskine peremptorily to put in his Answer to the Appeal of the same Commissioners by the same Time.

Messages from H. C. with Bills.

A Message from the House of Commons, by Mr. Heysham and others:

With a Bill, intituled, "An Act for naturalizing Francis Van Hemert and John Van Hemert."

Also, a Message from the House of Commons, by Mr. Lade and others:

With a Bill, intituled, "An Act for naturalizing Samuel Gampert."

Also, a Message from the House of Commons, by Mr. Sawbridge and others:

With a Bill, intituled, "An Act for naturalizing Gerard Van Neck."

To which Bills they desire the Concurrence of this House.

Smith & al. versus Evans & al.;

After hearing Counsel, upon the Petition and Appeal of Thomas Smith Gentleman and Deborah his Wife, and of Charles Lopdell, and John Joyce, alias Shoic; complaining of several Orders of the Court of Chancery in Ireland, the Seven and Twentieth of May, the Sixth and Ninth of November, and Seventh of March, 1717, the Third of April and First and Four and Twentieth of July 1718, in a Cause wherein Edward Evans and Susannah his Wife, William Turvin, and Robert Hacket and Mary his Wife, were Plaintiffs, and the Appellants Defendants; and praying, "That the said several Orders and all Proceedings thereupon may be reversed and set aside, and the Plaintiffs Bill dismissed:" As also upon the several Answers of the said Edward Evans and Susannah his Wife, William Turvin a Minor, by the said Susannah his Mother and prochein Amie, and Robert Hacket and Mary his Wife, put in to the said Appeal; and due Consideration of what was offered thereupon:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the several Orders aforementioned be, and are hereby, affirmed, so far as they are not varied by any subsequent Order not complained of in the said Appeal: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the Respondents, the Sum of Forty Pounds, for their Costs in respect of the said Appeal.

Shipston and Tidmington, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making the Townships of Shipston and Tidmington a distinct Parish from the Parish of Tredington, in the County and Diocese of Worcester; and for dividing the Rectory of the said Parish into Three Parts."

Ordered, That the Consideration of the said Bill be committed to 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.

Mrs. Lyon's Committee revived.

Ordered, That the Committee appointed to consider of the Petition of Katherine Lyon be revived, and meet on Tuesday next; and that the Earl of Nottingham, Earl of Buchan, Earl of Deloraine, Lord Teynham, and Lord Berkeley of Stratton, be added to the said Committee.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum sextum diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.

DIE Sabbati, 16^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Holborne versus Babbington, in Error.

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, from the Exchequer Chamber in Ireland, wherein James Holborne is Plaintiff, and William Babbington Defendant:

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Monday the Five and Twentieth Day of this Instant January, at Eleven a Clock.

Walker & al. Pet. referred to Judges.

Upon reading the Petition of Francis Walker, Humphry Sandford and Rebecca his Wife, Edmond Barnaby and Mary his Wife, Folliott Powell, Samuel Powell Junior, Richard Knight and Elizabeth his Wife, Thomas Baughs, Francis Herbert and Mary his Wife, Henry Baughs, Elizabeth Baughs, Thomas Folliott Walker and Anne Walker, alias Baughs, his Wife, a Minor, by the said Thomas Folliott Walker her Husband and Guardian, and of the Right Honourable William Conolly Esquire; praying Leave to bring in a Bill, to enable the said Thomas Folliott Walker and Anne Walker, alias Baughs, his Wife, notwithstanding her Minority, to grant and convey her Share of the Premises in the Petition mentioned unto the said William Conolly and his Heirs, freed and discharged of all Right and Title to Dower in her said Husband's Part of the said Premises, in case she shall happen to survive him; he the said William Conolly paying the Sum of Four Thousand Pounds for the same into the Hands of proper Trustees; and for other Purposes in the said Petition expressed:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Price; 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.

Malt 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 on Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Twenty; and for enabling the Lords Commissioners of His Majesty's Treasury to call in such Exchequer Bills as are to be canceled and discharged, with Money appointed for that Purpose."

And, after some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Vis. Lanesborough versus Ockshott.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Right Honourable Frances Viscountess Dowager Lanesborough in the Kingdom of Ireland is Appellant, and John Ockshott Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Seven and Twentieth Day of this Instant January, at Eleven a Clock.

Butler versus Bourke.

Upon reading the Petition of William Butler, Appellant in a Cause depending in this House, to which John Bourke and Frances his Wife are Respondents; praying, "In regard the said Respondents have not as yet put in their Answer to the said Appeal, that a Day may be appointed for hearing the same ex Parte;" which, by Order of this House on Wednesday last, was ordered to lie on the Table, till Report was made from the Committee appointed to inspect the Method of proceeding in Cases where Respondents neglect to put in Answers to Appeals by the Time limited:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Nine and Twentieth Day of this Instant January, at Eleven a Clock; and if the said Respondents do not put in their Answer before such Hearing, that then their Lordships will hear the said Appeal ex Parte.

Dutchess Hamilton versus Incledon.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Elizabeth Dutchess of Hamilton is Appellant, and Robert Incledon Respondent:"

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

Gratwood Heath, enclosing, Bill.

Counsel (according to Order) were called in, and heard, for Anne Pershall and Arabella Pershall, against the Bill, intituled, "An Act for enclosing the Heath, or Common, commonly called Gratwood Heath, in the Parish of Eccleshall, in the County of Stafford."

As also Counsel for the said Bill.

And several Witnesses being examined, upon Oath, in relation thereunto:

They withdrew.

And it being proposed, "To read the said Bill a Second Time on Tuesday next;"

And a Debate arising thereupon:

It was moved, "To adjourn."

And, the Question being put, "That this House do now adjourn to Monday Morning next, Eleven of the Clock?"

It was Resolved in the Negative.

Then the Question was put, "That the said Bill be read a Second Time on Tuesday next?"

It was Resolved in the Affirmative.

Ordered, That the beforementioned Bill be read a Second Time on Tuesday next; and the Lords to be summoned.

Brown and Ross versus E. of Morton.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Brown and Andrew Ross are Appellants, and Robert Earl of Morton Respondent:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum octavum diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.

DIE Lunæ, 18^o Januarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Malt Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Twenty; and for enabling the Lords Commissioners of His Majesty's Treasury to call in such Exchequer Bills as are to be canceled and discharged, with Money appointed for that Purpose."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Mutiny Bill:

Hodie 3^a 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.

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. Fellows and Mr. Meller:

To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.

Lant versus Crispe:

After hearing Counsel, upon the Petition and Appeal of Mathew Lant Esquire; complaining of an Order of the Court of Exchequer of the Seven and Twentieth of November 1717, and several subsequent Orders and Proceedings of the said Court, of the Three and Twentieth of January, and Eleventh of February, 1717, of the Thirtieth of April, Six and Twentieth of January, and Nineteenth of February, 1718, and Proceedings thereupon, in a Cause wherein the Appellant was Plaintiff, and Alice Crispe and William Crispe were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Alice Crispe and William Crispe put in to the said Appeal; and due Consideration had of what was offered thereupon:

Judgement reveised.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order of the Seven and Twentieth of November 1717, and all the subsequent Orders and Proceedings complained of in the said Appeal, be, and are hereby, reversed.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales (in his Robes) sitting in his Place on His Majesty's Right Hand; and the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands, to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker; he, after a short Introduction in relation to the Malt Bill to be passed, delivered the same to the Clerk Assistant, in the Absence of the Clerk of the Parliaments; who brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bill to be passed, as follows:

Bills passed.

"An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Twenty; and for en abling the Lords Commissioners of His Majesty's Treasury to call in such Exchequer Bills as are to be canceled and discharged, with Money appointed for that Purpose."

To which the Royal Assent was pronounced, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veu't."

"An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

To which the Royal Assent was also pronounced, in these Words; (videlicet,)

"Le Roy le vcu't."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Chevers & al. versus Geoghegan & al.

Upon reading the Petition and Appeal of Andrew Chevers, John Chevers, Arthur Geoghegan and Mary his Wife, Executrix of the last Will and Testament of Nicholas Netterville Esquire, deceased, against several Orders of the Court of Exchequer in Ireland; and particularly of the Orders of the Nineteenth of February 1716, the Nineteenth of July and Seventh of December 1717, the Sixth of November and Fourteenth of February 1718, and the Decretal Order of the Thirtieth of April, and the Enrolment of the same, and of Two other Orders of the said Court, One of the Four and Twentieth of November, and the other the Ninth of December last, in a certain Cause there depending, on an English Bill, wherein Terence Geoghegan was Plaintiff, and the said Nicholas Netterville and the Petitioners Andrew Chevers and John Chevers originally were Defendants; to which Bill John Rogerson Esquire, His Majesty's Solicitor General in the said Kingdom, was afterwards made a Defendant; which said Cause was, after the Death of the said Nicholas Netterville, revived against the Petitioners Arthur and Mary; and praying, "That the said Orders and all Proceedings thereupon may be reversed, and the Plaintiffs Bill dismissed, with Gosts:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Terence Geogbegan and John Rogerson may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Two and Twentieth Day of February next.

Pendarves' Pet. referred to Judges.

Upon reading the Petition of Alexander Pendarves, of Roskrow, in the County of Cornwall, Esquire; praying Leave to bring in a Bill, to vest an Estate in the said County in other Trustees, for the Payment of Debts and Legacies, and other Uses mentioned in the Will of John Pendarves Esquire, deceased.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Blencowe and Mr. Justice Tracy; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

E. of Hadington's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vestring Part of the Estate of Thomas Earl of Hadinton in Trustees, to be sold; and, with the Monies arising thereby, to purchase other Lands, of the like Value, to be settled to the same Uses."

The Question was put, "Whether the said Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Fellows and Mr. Meller:

To carry down the said Bill, and desire their Concurrence thereunto.

Robertsone admitted in Forma Pauperis.

Upon reading the Petition of John Robertsone; praying, "That he may be admitted to prosecute his Appeal in this House in Forma Pauperis, he having been admitted to prosecute his Suit in the same Manner before the Lords of Session in Scotland, from whence this Appeal is brought; and that this House will assign Mr. Kettleby and Mr. Turnbull for his Counsel:"

As also upon reading an Affidavit of the Petitioner, That he was so admitted in the Court below; and that he is not worth Five Pounds, his Debts being paid:"

It is Ordered, That the Petitioner the said John Robertsone be admitted to prosecute his Appeal in this House in Forma Pauperis; and that the Counsel be, and are hereby, assigned, according to the Prayer of the said Petition; and that Notice of this Order be forthwith given to the Respondent.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum nonum diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.

DIE Martis, 19^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Trevor & al. versus Trevor & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Trevor, Arthur Trevor, and Tudor Trevor, Esquires, and Prudentia Trevor Spinster, are Appellants, and Edward Trevor Esquire, Allen Viscount Middleton and the Lady Mary his Wite, are Respondents:"

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

Peremptory Days to be appointed for answering Appeals, Standing Order.

The House (according to Order) took into Consideration the Motion made on Friday last, for a Standing Order of this House, touching Respondents peremptorily answering Appeals; without further Notice.

And thereupon the following Order was made:

"Ordered, That when, upon an Appeal to this House, an Order is made for the Respondent to answer thereunto by a Time limited, and no Answer is put in by that Time; upon Proof made of due Service of such Order, a peremptory Day shall be appointed for putting in the Answer, without any further Notice to be given to the Respondent."

Ordered and Declared, That this be a Standing Order of this House, and entered on the Roll.

Shipston and Tidmington Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for making the Townships of Shipston and Tidmington a distinct Parish from the Parish of Tredington, in the County and Diocese of Worcester; and for dividing the Rectory of the said Parish of Tredington into Three Parts," was committed: "That they had considered the said Bill; and gone through the same, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Gratwood Heath, enclosing, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act for enclosing the Heath, or Common, commonly called Gratwood Heath, in the Parish of Eccleshall, in the County of Stafford:"

The said Bill was accordingly read a Second Time.

And the Question being put, "That the said Bill be committed?"

It was Resolved in the Affirmative.

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

Their Lordships, or any Five of them; to meet To-morrow, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Message from H. C. with a Bill.

A Message from the House of Commons, by the Lord William Pawlet and others:

With a Bill, intituled, "An Act for making the River Idle navigable, from East Redford, in the County of Nottingham, to Bawtry Wharse, in the County of York;" to which they desire the Concurrence of this House.

Dunch's Bill.

The Lord Delawar reported from the Lords Committees to whom the Bill, intituled, "An Act for supplying the Defects in, and better Performance of, the Will of Edmond Dunch Esquire, deceased," 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 Bill, with the Amendments, be engrossed.

Chevers to enter into Recognizance for his Father & al.

The House being moved, "That Hyacinth Chevers, of the City of London, Gentleman, may be permitted to enter into Recognizance for Andrew Chevers and others, on their Appeal depending in this House, to which Terence Geoghegan and John Rogerson Esquire are Respondents; the Appellants residing in Ireland:"

It is Ordered, That the said Hyacinth Chevers may enter into Recognizance for the said Appellants, as desired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.

DIE Mercurii, 20^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Bermingham et al. versus L. Shelburn.

After hearing Counsel, upon the Petition and Appeal of Edward Bermingham and Abigal his Wife, and others, Representatives of the several Officers and Soldiers of Three Regiments, commanded by Colonel Henry Pritty, Colonel Thomas Sadler, and Colonel John Cole, in the English Army, for reducing the Kingdom of Ireland, in the Rebellion of the Year 1641; complaining of an Order of the Court of Exchequer in Ireland, made the Eight and Twentieth of June 1716, and a Verdict of the Fifth of July 1717, thereupon obtained; and of so much of an Order of the said Court of Exchequer, of the Seven and Twentieth of November 1717, as is for dis missing the Petitioners Bill and Supplemental Bill, in a Cause wherein the Appellants were Plaintiffs, and Henry Lord Baron of Shelburne Defendant; and praying, "That the said Verdict and Orders may be set aside and reversed; and that the said Lord Shelburne may be compelled to execute and discharge the Trust as to the Lands in Question, and accompt with the Petitioners for the Profits thereof:" As also upon the Answer of the said Henry Lord Baron of Shelburne put in to the said Appeal; and due Consideration had of what was offered thereupon:

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 several Orders, Verdict, and subsequent Proceedings, therein complained of, be, and are hereby, affirmed.

L. Wenman versus Sir W. Osbaldiston.

Upon reading the Petition and Appeal of Richard Lord Wenman, Viscount Tuam, Baron of Kilmanum in the Kingdom of Ireland; complaining of several Orders and Proceedings of the Court of Chancery, of the 13th of October 1716, of the Twelfth and Twenty-seventh of November, Fourteenth, Eighteenth, and Three and Twentieth of December last, in a Cause wherein Sir William Osbaldiston Baronet and Dame Katherine his Wife and others were Plaintiffs, and the Petitioner Defendant; and praying, "That the said Orders and Proceedings, whereby the Petitioner's Motions and Offers, for adjusting and Payment of the Plaintiffs Demand, have been denied or rejected, and whereby the Petitioner was ordered to stand committed, and his Estate to be sequestered, may be reversed, and the Petitioner relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir William Osbaldiston and Dame Katherine his Wife may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer thereunto, in Writing, on or before Wednesday the Third Day of February next.

Lyon and Boswell's Committees revived.

Ordered, That the Committees to whom the Petitions of Katharine Lyon and William Boswell are referred be revived; and meet on Friday Morning next.

Adjourn.

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

DIE Veneris, 22^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Representation of House of Lords in Ireland printed.

A Complaint being made to the House, of a printed News Paper, intituled, "The Daily Post," of this Day; mentioned to be "printed by H. Meere, at The Black Fryer, in Black Fryers; and sold by W. Boreham, at The Angel, in Pater-noster Row;" in which is contained, "The Reasons of the House of Lords in Ireland, against Appeals from thence to the House of Lords in Great Britain, in their humble Representation to His Britannic Majesty;" and which are mentioned "to be continued in the next Paper:"

And the said Title being read:

Meere and Boreham to attend.

It is Ordered, That the said H. Meere and W. Boreham do forthwith attend this House.

Oxwick versus Mason:

After hearing Counsel, upon the Petition and Appeal of Robert Oxwick Gentleman and Elizabeth Simpsion Widow; complaining of a Decree of the Court of Exchequer, made the Seventeenth Day of July 1712; and also of Two several Orders of the same Court, of the Thirtieth of June 1715, and Nineteenth of February 1716; and likewise a Decree of the Fourth of July 1717; and the Proceedings thereupon; in certain Causes, wherein William Mason Clerk, Rector of Yate in the County of Gloucester, was Plaintiff, and the Appellant Oxwick Defendant; and wherein the said Mason was Plaintiff, and both the Appellants Defendants; and praying, "That the said Decrees, Orders, and Proceedings, may be reversed; and that the Modus insisted on by the Appellants may be allowed; or that the Matters in Difference may be finally settled by a fair and indifferent Trial at Law, and the Appellants relieved:" As also upon the Answer of the said William Mason put in to the said Appeal; and due Consideration had of what was offered thereupon:

Decrees and Orders affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Decrees and Orders therein complained of be, and are hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the Respondent, the Sum of Sixty Pounds, for his Costs, in respect of the said Appeal.

E. Shrewsbury et al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Gilbert Earl of Shrewsbury, George Talbot Esquire and Mary his Wife, John Talbot Esquire, William Lord Bishop of Salisbury, Charles Talbot Esquire, Edward Talbot Clerk, and Sherington Talbot Clerk, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for annexing the late Duke of Shrewsbury's Estate to the Earldom of Shrewsbury; and confirming Gilbert Earl of Shrewsbury's Settlement, in order thereto; and for other Purposes therein mentioned."

Commissioners forfeited Estates versus D. Hamilton.

The House being moved, on the Behalf of James Duke of Hamilton and Brandon, Respondent to an Appeal of the Commissioners for the forfeited Estates, That a Day may be appointed, for hearing the said Appeal;"

And a Debate arising thereupon:

It is Ordered, That the said Debate be adjourned till To-morrow; and the Lords to be summoned, with Notice of the Occasion.

Meere and Boreham to attend.

The House being informed, "That Hugh Meere and William Boreham were at the Door:"

It is Ordered, That they do attend this House Tomorrow Morning.

Adjourn.

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

DIE Sabbati, 23^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Dunch's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for supplying the Defects, and better Performance, of the Will of Edmond Dunch Esquire, deceased."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by Mr. Hiccocks and Mr. Fellows:

To carry down the said Bill, and desire their Concurrence thereunto.

Sanford et al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Anne Sanford, the Widow of William Sanford Esquire, deceased, and of William Sanford and John Sanford her Infant Sons, and others, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

E. Shrewsbury's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for annexing the late Duke of Shrewsbury's Estate to the Earldom of Shrewsbury; and confirming Gilbert Earl of Shrewsbury's Settlement, in order thereto; and for other Purposes therein mentioned."

Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

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

Sir R. Gordon versus Brodie.

Whereas there is an Appeal depending in this House, wherein Sir Robert Gordon of Gordonstoun Baronet is Appellant, and James Brodie Esquire Respondent; and though the Cause was appointed to be heard the last Session of Parliament, yet the same came not to a Hearing: And the House being this Day moved, on the Behalf of the Appellant, "To appoint a Day for hearing thereof:"

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

Commissioners for forfeited Estates versus D. Hamilton.

The House (according to Order) resumed the adjourned Debate, on the Motion made Yesterday, on the Behalf of James Duke of Hamilton and Brandon, Respondent to an Appeal of the Commissioners for the forfeited Estates, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Four and Twentieth Day of February next, at Eleven a Clock.

Commissioners for forfeited Estates versus Mackenzies.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Commissioners for the forfeited Estates are Appellants, and Kenneth Mackenzie and Alexander Mackenzie are Respondents:"

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

Commissioners for forfeited Estates versus Erskine.

The House being also moved, "That a Day may be appointed for hearing the Cause wherein the Commissioners for the forfeited Estates are Appellants, and Thomas Erskine Respondent:"

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

Respondents to Commissioners Appeals, peremptorily to answer.

The House was informed, "That divers of the Respondents to the Appeals of the Commissioners for the forfeited Estates had neglected to put in their Answers thereunto by the Time limited by the Orders of this House, made on receiving those Appeals, though duly served with the said Orders for that Purpose."

And thereupon, the respective Affidavits of the due Service of every of the said Orders being read:

A peremptory Day was appointed for such Respondents to put in their Answers to the said Appeals, as follow; (videlicet,)

Ordered, That William Maxwell do peremptorily put in his Answer to the Appeal of the Commissioners for the forfeited Estates by this Day Sevennight.

The like Order for John Stewart to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for John Erskine to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for John Stewart to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for Charles Craigengelt to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for the Earl of Kinnoul and Robert Hay Drummond to put in their Answer or respective Answers to the Appeal of the said Commissioners by the same Time.

The like Order for David Threpland to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for Sir James Stuart to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for John Stirling, John Stuart, and Robert Lord Blantyre, to put in their Answer or respective Answers to the Appeal of the said Commissioners by the same Time.

The like Order for Arthur Balfour and the Creditors of the deceased Robert Lord Burleigh to put in their Answer or respective Answers to the Appeal of the said Commissioners by the same Time.

The like Order for John Hog to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for William Martin to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for George and John Ogilvie to put in their Answer or respective Answers to the Appeal of the said Commissioners by the same Time.

The like Order for James Lord Bargany, Robert Dundas, and John Jolly, to put in their Answer or respective Answers to the Appeal of the said Commissioners by the same Time.

The like Order for Hugh Wallace to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for Alexander Bain to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for Patrick Earl of Marchmont to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for Robert Stuart to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for James Drummond, William Viscount of Stratballan, John, Thomas, and William Drummond, James Drummond of Blair Drummond, John Drummond of Meginch, and David Drummond, to put in their Answer or respective Answers to the Appeal of the said Commissioners by the same Time.

The like Order for John Gordon to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for the Earl of Home and Anne Countess Dowager of Home to put in their Answer or respective Answers to the Appeal of the said Commissioners by the same Time.

The like Order for Andrew Cassie to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for Sir Robert Grierson to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for Alexander Gordon to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for Henry Scrimseour to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for Harie Maule to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for John Forbes to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for Donald Mac Donald to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for Kenneth and Alexander Mackenzies to put in their Answer or respective Answers to the Appeal of the said Commissioners by the same Time.

The like Order for John Preston to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for Robert Gordon to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for Donald Mackenzie to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for Sir James Mackenzie to put in his Answer to the Appeal of the said Commissioners by the same Time.

The like Order for Alexander Hamilton and Lady Mary Hamilton to put in their Answer to the Appeal of the said Commissioners by the same Time.

L. Dunsany et al. versus Plunket.

Upon reading the Petition and Appeal of Randal Lord Baron of Dunsany in the Kingdom of Ireland, Sir Henry O'Neill Baronet, Edward Evers and Ellinor his Wife; complaining of several Orders of the High Court of Chancery in the said Kingdom, of the Seventeenth and Eighteenth of November 1718, and Twentieth of November last, and Proceedings thereupon, in a Cause wherein Catharine Plunket was Plaintiss, and the Petitioners Defendants; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Catharine Plunket may have a Copy of the said Appeal; and shall and is hereby required to put in her Answer thereunto, in Writing, on or before Saturday the Seven and Twentieth Day of February next; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery be deemed good Service.

Harison versus Dormer.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Harrison Esquire is Appellant, and Colonel Robert Dormer and Richard Macquire are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Six and Twentieth Day of February next, at Eleven a Clock.

Meere and Boreham attached.

This Day William Boreham, the Publisher, attended (according to Order).

And being examined, touching The Daily Post, complained of Yesterday; in which is contained "The Reasons of the House of Lords in Ireland against Appeals from thence to the House of Lords in Great Britain, in their humble Representation to His Britannic Majesty:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod, his Deputy or Deputies, do forthwith attach the Bodies of the said William Boreham and Hugh Meer the Printer of the said Daily Post, and keep them in safe Custody, until further Order of this House.

To Sir William Sanderson Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Shipston and Tidmington Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making the Townships of Shipston and Tidmington a distinct Parish from the Parish of Tredington, in the County and Diocese of Worcester; and for dividing the Rectory of the said Parish of Tredington into Three Parts."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Hiccocks and Mr. Fellows:

To carry down the said Bill, and desire their Concurrence thereunto.

River Idle navigable, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making the River Idle navigable, from East Redford, in the County of Nottingham, to Bawtry Wharse, in the County of York."

Dr. Whithy's Petition referred to Judges.

Upon reading the Petition of Daniel Whitby Doctor of Divinity, Prebendary of the Prebend of Teington Regis, in the Cathedral Church of Sarum, and of Thomas Copleston Esquire; praying Leave to bring in a Bill, to enable the Petitioner Thomas Copleston and the Lessee of the Prebendary of the said Prebend for the Time being to make Leases of the Premises for One, Two, or Three Lives absolute, or for Years determinable on the Deaths of One, Two, or Three Persons, instead of granting Customary Estates by Copies of Court Roll; and for other Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Fortescue and Mr. Baron Page; 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.

Van Hemert's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Francis Van Hemert and John Van Hemert."

Van Neck's Nar. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing of Gerard Van Neck."

Gampert's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Samuel Gampert."

Pembroke, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of William Pembroke, an Infant of about Ten Years of Age, by Thomas Pembroke his Uncle and Guardian, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Murray versus Lady Sempler.

Upon reading the Petition and Appeal of Alexander Murray of Broughton Esquire; complaining of Two Interlocutory Sentences, or Decrees, of the Court of Session in Scotland, of the Third and Seventeenth of July 1719, made on the Behalf of Grissell Lady Semple; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Grissell Lady Semple may have a Copy of the said Appeal; and shall and is hereby required to put in her Answer thereunto, in Writing, on or before Saturday the Twentieth Day of February next; and that Service of this Order on the Respondent's Agent now in London be deemed good Service.

Sander and Morgan, Patition to be added to Nat. Bill.

Upon reading the Petition of Henry Nicholas Sander and Frederick Morgan; praying, "That they may be added to the Bill, intituled, An Act for naturalizing Francis Van Hemert and John Van Hemert," depending in this House:

It is Ordered, That the said Petition do lie on the Table till the said Bill be committed.

L. Salton versus Fraser.

Upon reading the Petition and Appeal of Alexander Lord Salton; complaining of a Decree of the Court of Session in Scotland, of the Seven and Twentieth of November, and of several Interlocutory Sentences or Decrees of the said Court, affirming the same, of the Tenth, Three and Twentieth, and Thirtieth of December last, on the Behalf of William Fraser; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Fraser may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Saturday the Twentieth Day of February next.

Mr. Frederick to enter into Recognizance for Lord Wenman.

The House being moved, "That John Frederick Esquire may be permitted to enter into Recognizance for Richard Lord Wenman, on account of his Appeal, to which Sir William Osbaldiston and Dame Katharine his Wife are Respondents, his Lordship being in the Country:"

It is Ordered, That the said John Frederick may enter into Recognizance for the Appellant, as desired.

Sanford's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to sell Part of the Estate of John Sanford Esquire, deceased, for Payment of his Debts and Legacies; and for other Purposes therein mentioned."

Burke versus Butler.

Upon reading the Petition and Appeal of John Burke and Frances his Wife; complaining of a Decree of the High Court of Chancery in the Kingdom of Ireland, of the Eighth of February 1716, in certain Causes, wherein the Petitioners were Plaintiffs, and William Butler Defendant, et è contra; and praying, "That the said Decree may be reversed, altered, or varied, and the Petitioners relieved, as to their Lordships shall seem meet:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Butler may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Saturday the Seven and Twentieth Day of February next.

Pembroke's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of William Pembroke, late of Portsmouth-Dock, situate at North Mims, in the County of Hertford, for the Purposes therein mentioned."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum quintum diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.

DIE Lunæ, 25^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sander and Morgan take the Oaths.

This Day Henry Nicholas Sander and Frederick Morgan took the Oaths appointed, in order to their Naturalization.

Holborne versus Babbington, in Error:

After hearing Counsel, to argue the Errors assigned upon a Writ of Error brought into this House the Ninth of December last, wherein James Holborne Lessee of John Lord Baron of Kingston in the Kingdom of Ireland is Plaintiff, and William Babbington Defendant; in order to reverse a Judgement given in the ExchequerChamber in that Kingdom, whereby a Judgement given for the Plaintiff in Ejectment, by the Court of Exchequer in the same Kingdom, was reversed:

And the Opinion of the Judges present, in relation to some Points of Law to them proposed, having been delivered; and due Consideration had of what was offered in this Case:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement of Reversal given in the said Exchequer Chamber be, and the same is hereby, reversed; and the said Judgement given by the said Court of Exchequer in the said Kingdom be, and the same is hereby, affirmed.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows:

"Posteaque, scilicet, Die Lunæ, Vicesimo Quinto Die Januarii, Anno Regni dicti Domini Regis nunc Sexto, visis & per Curiam Parliamenti præd. nunc hic diligenter examinatis & plenius intellectis tam Record. & Process. præd. ac Judic. super eisdem reddit. quam præd. Causis pro Error. assign. & allegat. maturaque Deliberatione inde habita; quia videtur eidem Curiæ Parliamenti, quod in Recordo & Processu præd. in Reversatione Judicii præd. ut præfertur, manifeste est Erratum; eo quod Judic. præd. ut præfertur prius reddit. pro prædicto Jacobo Holborne reversat. & adnullat. fuit in Camera Scaccarii præd. per Dominum Cancellarium Regni Hib'niæ, ubi per Legem Terræ assirmari debuit: Ideo consideratum est per eandem Curiam Parliamenti, quod præd. Judic. Reversationis in Camera Scaccarii præd. per dictum Dominum Cancellarium Hib'niæ in Forma præd. reddit. revocetur, annulletur, & penitus pro nullo habeatur; quodque præd. Judic. pro præfato Jacobo Holborne versus prædictum Will'um Babbington, in Curia Scaccarii præd. in Regno Hib'niæ, per Barones ejusdem Scaccarii, ut præfertur, reddit. in omnibus affirmetur & corroberetur, ac in pleno suo Robore stet & Effectu; & quod idem Jacobus Holborne habeat inde Executionem in Curia Scaccarii dicti Domini Regis, in Regno suo Hib'niæ, versus præfatum Will'um Babbington, juxta Formam & Effect. Judicii præd.; ac superinde Record. & Process. præd. per Cur. Parliamenti præd. remittuntur Baronibus de Scaccario præd. pro Executione superinde fiend. &c."

Pembroke's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of William Pembroke, late of Portsmouth-Dock, deceased, situate at North Mims, in the County of Hertford, for the Purposes therein mentioned."

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

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

Sir W. Keyt et al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Sir William Keyt of Old Stratford in the County of Warwick Baronet, John Keyt Esquire, Francis Keyt Gentleman, and Dame Agnes Keyt Mother and Guardian of Hostings Keyt an Infant under the Age of One and Twenty Years, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Walker et al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Francis Walker, Humphry Sandford and Rebecca his Wife, Edmond Barneby and Mary his Wife, and others, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Sir W. Keyt's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for discharging certain Estates, in the Counties of Lincoln and Warwick, of and from the Uses and Limitations contained in the Marriage Settlement of Sir William Keyt Baronet; and settling other Lands, in the County of Gloucester, of greater Value, to the same Uses."

Annesley versus Sherlock; Proceedings out of Journals of the House of Lords in Ireland delivered.

The Earl of Stanhope presented to the House (by His Majesty's Command) pursuant to their Lordships Address of the Eighteenth of December last, authentic Copies, out of the Journals of the House of Lords in Ireland, of all their Proceedings, with relation to the Cause of Annesley versus Sherlock, and other Causes upon Appeals to that House, during the last Session of Parliament there.

Ordered, That this House will, on Thursday next, take the said Proceedings into Consideration; and the Lords to be summoned.

L. Carbery et al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable George Lord Carbery in the Kingdom of Ireland and Anne Lady Carbery his Wife, and of Henry O'Brien Esquire and Susannab his Wife; praying Leave to bring in a Bill, for confirming the Partition of the several Manors of Blatherwick, Bulwick, and Laxton, in the County of Northampton, and of the Manor of Tixover, in the County of Rutland, and of divers Messuages, Lands, Tenements, and Hereditaments, in the said Counties; and providing that the several divided Parts may be held and enjoyed in Severalty in such Manner as the undivided Moieties would have been:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Price; 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.

Walker's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Anne Walker, alias Baughs, a Minor, the Wife of Thomas Folliott Walker Gentleman, to sell and convey unto the Right Honourable William Conolly Esquire and his Heirs her Share and Proportion of several Manors, Lands, Tenements, and Hereditaments, in the Kingdom of Ireland, devised to her by the last Will of Thomas late Lord Folliott, deceased; and for other Purposes therein mentioned."

Dove, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Thomas Dove Esquire, Henry Dove Gentleman, and Diana Dove an Infant of the Age of Fourteen Years or thereabouts, by Christopher Jackson Gentleman her Guardian and next Friend, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Sandford's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Trustees to sell Part of the Estate of John Sanford Esquire, deceased, for Payment of his Debts and Legacies; and for other Purposes therein mentioned."

Ordered, That the Consideration of the said Bill be committed to the same Committee to whom Mr. Pembroke's Bill stands referred.

Their Lordships, or any Five of them, to meet at the same Time and Place.

Dove's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Thomas Dove Esquire to raise Two Thousand Pounds, upon his Estate at Upton, Sutton, Aylesworth, and Castor, and to make Sale of his Estate at Heathen Coat, in the County of Northampton, for discharging Incumbrances upon the said Estates, and raising Portions for his Brother and Sister, and Payment of his Father's and his own Debts."

M'Dowall versus Mitchell.

Upon reading the Petition and Appeal of Patrick M'Dowall of Freugh, complaining of Two Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Sixteenth of January 1717, and Sixth and Thirteenth Days of this Instant January, made on the Behalf of Mr. William Mitchell; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Mitchell may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Two and Twentieth Day of February next.

River Idle navigable, Bill.

Hodie 2 ^a vice lecta est Billa, intituled, "An Act for making the River Idle navigable, from East Redford, in the County of Nottingham, to Bawtry Wharse, in the County of York."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday the Second of February next.

Van Hemert's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Francis Van Hemerl and John Van Hemert."

Ordered, That the Consideration of the said Bill be committed to the same Committee to whom Mr. Pembroke's Bill stands referred.

Their Lordships, or any Five of them; to meet on Wednesday next, at the same Time and Place.

Sander and Morgan, Petition referred to Committee.

Ordered, That the Petition of Henry Nicholas Sander and Frederick Morgan be referred to the same Committee to whom the abovementioned Bill stands committed; and that their Lordships may admit the Petitioners accordingly, if they think fit.

Van Neck's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing of Gerard Van Neck."

Ordered, That the Consideration of the said Bill be referred to the same Committee; to meet at the same Time and Place.

Gampert's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Samuel Gampert."

Ordered, That the Consideration of the said Bill be referred to the same Committee; to meet at the same Time and Place.

Lyon and Boswell's Committees revived.

Ordered, That the Committees to whom Mrs. Lyon and Mr. Boswell's Petitions are referred be revived, and meet on Thursday Morning next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, 27^um diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.

DIE Mercurii, 27^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Vise. Lanesborough versus Ockshott:

After hearing Counsel, upon the Petition and Appeal of the Right Honourable Frances Viscountess Dowager Lanesborough in the Kingdom of Ireland, from a Decree of the High Court of Chancery, of the Fourth of July last, in a Cause wherein the Appellant was Complainant, and John Ockshott Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said John Ockshott put in thereunto; and due Consideration had of what was offered thereupon:

Decree reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of in the said Appeal be, and is hereby, reversed: And it is further Ordered, That the Respondent Ockshott do deliver up the Release executed by Ambrose Muschamp to the Respondent's Father, dated the Four and Twentieth of May 1685; and that the other Release of the same Date, executed by the Respondent's Father and others, unto the said Muschamp, be canceled as to the Respondent; and that the Respondent shall accompt with and pay to the Appellant the Arrears of the Quit-rent in Question; and that the Messuage, Farm, and Lands, in the Bill and Answer mentioned, called Green Dean, shall be, and continue for ever hereafter, charged and chargeable with the Payment of the said Quit-rent, and with the Performance of all other the Services which the same were subject to before the said Releases; and that the said Respondent, his Heirs and Assigns, and his and their Tenants, shall enjoy their Right of Common, of and in the said Great or Lower Common, and elsewhere within the said Manor, in as full and ample Manner as if the said Release, dated the Four and Twentieth of May 1685, had never been executed by the Respondent's said Father.

Walker's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Anne Walker, alias Baughs, a Minor, the Wife of Thomas Folliott Walker Gentleman, to sell and convey unto the Right Honourable William Conolly Esquire and his Heirs her Share and Proportion of several Manors, Lands, Tenements, and Hereditaments, in the Kingdom of Ireland, devised to her by the last Will of Thomas late Lord Folliott, deceased; and for other Purposes therein mentioned."

Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

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

Sir W. Keyt's Bill.

Hodie 2 ^a vice lecta est Billa, intituled, "An Act for discharging certain Estates, in the Counties of Lincoln and Warwick, of and from the Uses and Limitations contained in the Marriage Settlement of Sir William Keyt Baronet; and settling other Lands, in the County of Gloucester, of greater Value, to the same Uses."

Ordered, That the Consideration of the said Bill be referred to the Lords Committees aforenamed.

Their Lordships, or any Five of them, to meet at the same Time and Place.

Meere and Boreham to be brought to the Bar.

The House was informed, "That Hugh Meere, the Printer of The Daily Post, had surrendered himself to the Gentleman Usher of the Black Rod."

It is Ordered, That the said Hugh Meere and William Boreham be brought to the Bar, To-morrow Morning.

Burke et Ux. versus Butler; et è contra.

Upon reading the Petition of John Burke Esquire and Frances his Wife, Respondents to the original Appeal of William Butler, and Appellants in the Cross Appeal exhibited by the Petitioners on Saturday last; setting forth, "That the said original Appeal now stands to be heard on Friday next; and that the Petitioners are apprehensive the said Butler will delay putting in his Answer till after the Hearing of the original Appeal;" and praying, "That he, being now in Town, may be ordered to put in his Answer thereunto in such short Time, as both the said Appeals may be heard together, upon such Day as their Lordships shall see sit:"

And thereupon, the House being informed, "That the said Butler had this Day put in his Answer to the said Cross Appeal:"

It is Ordered, That the said original Appeal do stand to be heard on Friday next, as at first appointed; and that the whole Cause upon the said Cross Appeal and Answer be heard at the same Time.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum octavum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 28^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Meere and Boreham continued in Custody.

The House being informed, "That Hugh Meere the Printer, and William Boreham the Publisher, of a News Paper, intituled, "The Daily Post," in Custody of the Gentleman Usher of the Black Rod, were brought, according to the Order Yesterday:"

The said Meere was brought to the Bar.

And the said Paper was shewed to him; as also the printed Representation of the House of Lords in Ireland to His Majesty, delivered in by the said Boreham.

And the said Meere was examined, as to the Undertakers or Proprietors of the said News Paper, and touching certain written Titles on the First Leaf of the said Representation.

And withdrew.

And thereupon the Gentleman Usher was directed to keep both the said Persons in Custody, till further Order.

Ellis versus Whinery. Amended per Ord. 24 Martii, 1719.

Upon reading the Petition and Appeal of John Ellis Esquire; complaining of a Decree and Order of the Court of Chancery in Ireland of the Five and Twentieth of November, and the Affirmance thereof the Fifth of December last, in a Cause wherein John Whinery was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed, and the Petitioner relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Whinery may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the Third Day of March next.

Annesley versus Sherlock:

The House (according to Order) proceeded to take into Consideration the Proceedings out of the Journals of the House of Lords in Ireland, in relation to the Cause of Annesley versus Sherlock, and other Causes upon Appeals to that House, during the last Session of Parliament there.

And the same were read by the Clerk.

And, after Debate in relation thereunto, the following Resolution and Orders were made:

Resolution on Behalf of the Barons of the Exchequer in Ireland:

"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That Jeffry Gilbert Esquire Lord Chief Baron of His Majesty's Court of Exchequer in Ireland, and John Pocklington Esquire and Sir John St. Leger Knight the other Barons of the said Court, in their Proceedings in the Cause between Annesley and Sherlock, in Obedience to the Orders of this House, have acted with Courage, according to Law, in Support of His Majesty's Prerogative, and with Fidelity to the Crown of Great Britain."

The Barons recommended to His Majesty.

"Ordered, That an humble Address be presented to His Majesty, to lay before His Majesty the said Resolution; and humbly to desire "His Majesty will be graciously pleased, out of His Royal Goodness and Bounty, to confer upon the said Barons some such Mark of His Royal Favour, as may be a Recompence for the ill Usage they have received, by being unjustly censured, and illegally imprisoned, for doing their Duty."

"Ordered, That the said Address be presented to His Majesty by the Lords with White Staves."

Judges to prepare a Bill, for better securing the Dependency of Ireland.

"Ordered, That a Bill be brought in, for the better securing the Dependency of Ireland upon the Crown of Great Britain; and that the Judges do prepare a Bill accordingly, upon the Debate of the House."

Ordered, That this House will take the said Proceedings into further Consideration on this Day Three Weeks.

Burke versus Butler.

Upon reading the Petition of John Burke and Frances his Wife, Respondents to the original Appeal of William Butler, and Appellants in the Cross Appeal exhibited by them; setting forth, "That the Petitioners have done what was possible, towards preparing their Case to be signed by Counsel; and did accordingly attend Sir Robert Raymond the last Night for several Hours; but the said Sir Robert and Mr. Cowper, who are the Petitioners Counsel, being obliged to prepare for the Seal in Chancery this Day, and having not Time to go through with or perfect the Petitioners said Case, it is not possible for them to be prepared for the said Hearing To-morrow; and praying, in regard thereof, and for that the last Order obtained by the said Butler was only for hearing the original Appeal ex Parte in case the Petitioners did not before the said Day thereby appointed put in their said Answer; and the Petitioners being informed, That the said Butler ought, upon the coming in of the said Answer, to have applied to have another peremptory Day appointed for the said Hearing; and the Petitioners being desirous, that the said Appeals should be heard together in Five or Six Days Time, or any other reasonable Time as their Lordships shall think fit; and hope, that their Lordships will see just Cause to appoint a proper Day for Hearing thereof:"

It is Ordered, That the Petitioners be at Liberty, To-morrow, at the coming on of the said Causes, to move for the putting off One or both of them; and that the Petitioners do forthwith give Notice of this Order to the Respondent in the said Cross Appeal.

No more Appeals to be received.

Ordered and Declared, That this House will receive no more Appeals, this Session of Parliament, after Thursday next.

Butler to enter into Recognizance for Lord Dunsany.

The House being moved, "That William Butler Gentleman may be permitted to enter into Recognizance for Randal Lord Dunsany and others, on their Appeal depending in this House, to which Catherine Plunket is Respondent; the Appellants residing in Ireland:'?

It is Ordered, That the said William Butler may enter into Recognizance for the said Appellants, as desired.

Stafford et al. versus Mayor and Commonalty of London.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Stafford, John Adams, and Bartholomew Soames, are Appellants, and the Mayor and Commonalty of the City of London are Respondents:"

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

Adjourn.

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

Die Jovis, 9^o Junii, 1720, hitherto examined by us,

Clarendon.
Say & Seale.
A. Menev.
Joh. Peterbor.
Hu. Bristol.

DIE Veneris, 29^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

This Day the Lord Chief Justice of the Court of Common Pleas sat Speaker, by virtue of a former Commission.

Morison versus Nisbet et al.

The House was informed, "That the Respondents to the Appeal of William Morison of Preston Grange Esquire had neglected to put in their Answers thereunto, by the Time limited by the Order of this House of the Eighteenth of December last, though duly served with the said Order for that Purpose."

And thereupon, an Assidavit of the due Service of the said Order being read:

Respondents peremptorily to answer.

It is Ordered, That such of the Respondents, as are mentioned in the said Assidavit to be duly served with the said Order, and are concerned in the Cause, do peremptorily put in their Answer or respective Answers thereunto, by this Day Sevennight.

Robertsone versus E. Kinnoul.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Robertsone of Goodlyburn is Appellant, and Thomas Viscount of Duplin (now Earl of Kinnoul) is Respondent:"

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

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Mason and others:

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

Annesley versus Sherlock.

A Petition of Sarah Annesley, the Daughter and Administratrix of Maurice Annesley Esquire, deceased, was presented to the House, and read; setting forth, among other Things, the several Orders of this House, whereby the Barons of the Court of Exchequer in Ireland were directed, "To proceed, by the most speedy and effectual Methods, to cause Possession of the Estate of the said Maurice Annesley to be restored to him, of which he was dispossessed pending his Appeal; and that the Respondent Hester Sherlock and Mr. John Draycot her Solicitor should forthwith re-deliver, or procure to be redelivered, to the said Appellant Maurice Annesley, or to such Person as he should appoint to receive the same, all such Deeds, Evidences, and Writings, as the said Appellant, or his Agent, or any of them, produced and left in the House of Lords in Ireland, with any of the Clerks or Officers of that House; and that the said Barons should cause the Respondent Hester Sherlock to accompt before them, upon Oath, for the Rents and Profits of the Estate in Question, which the had made or received, since her gaining the Possession thereof by the Orders of the House of Lords in Ireland, and to answer and pay the same to the said Appellant: That so much of the said Orders as related to the delivering up of the Possession of the said Estate has been performed; but as to all the rest of the said Orders, no Regard has been had thereto, and nothing done therein; that, instead thereof, John Pratt Esquire, Deputy Vice Treasurer of Ireland, hath, since the said Orders, paid to the said Hester Sherlock the Sum of Eighteen Hundred Pounds and upwards, and taken an Assignment of her pretended Right and the Decree made by the House of Lords in Ireland; and the said Hester Sherlock hath ever since withdrawn herself; and the said Pratt pretends a Right to the said Estate, under the said pretended Decree; by which Artifice, the Petitioner is deprived from getting any Satisfaction for the Rents and Profits of the said Estate;" and praying, "That their Lordships will take the Petitioner's Case into Consideration; and make such further Order therein, for the Petitioner's Relief, as their Lordships shall think fit:"

It is Ordered, That the Matter of the said Petition be taken into Consideration on Tuesday Morning next.

Butler versus Burke et Ux. at è contra.

This Day being appointed, to hear Counsel, upon the Petition and Appeal of William Butler; as also upon the Answer of John Burke and Frances his Wife put in to the said Appeal; and likewise upon the Cross Appeal of the said John Burke and Frances his Wife; and the Answer of the said William Butler put in thereunto:

Counsel accordingly were called in, to be heard in the said Causes.

And the Counsel for the Respondents John Burke and his Wife moved and offered divers Reasons for the purting off the Hearing of the said Causes to a further Day.

Which being opposed by the Counsel on the other Side:

They were directed to withdraw.

And being called in again:

The Speaker, by Order of the House, asked the Counsel for Mr. Burke, "Whether they did agree to pay Five and Twenty Pounds Costs this Afternoon, that the Causes may stand over to a further Day?"

To which the Respondent Burke, by his Counsel, consented.

And withdrew.

It is thereupon Ordered, That the Hearing the said Causes be adjourned to Saturday the Sixth of February next; and that the Respondents John Burke and his Wife do this Afternoon pay, or cause to be paid, to the Appellant William Butler, the Sum of Five and Twenty Pounds, for his Costs of this Day's Attendance.

Gratwood Heath, enclosing, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing the Heath, or Common, commonly called Gratwood Heath, in the Parish of Eccleshall, in the County of Stafford," was committed: "That the Committee had considered the said Bill; and heard Counsel, as well on Behalf of Mrs. Pershall, as of the Prosecutors of the Bill; and had gone through the same, and made several Amendments thereto."

Which, being read Twice, and with some Amendments to One of the said Amendments, were agreed to.

Ordered, That the said Bill, with the Amendments, be engrossed.

King's Answer to Address concerning the Barons of the Exchequer in Ireland.

The Lord Steward acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of this House of Yesterday, laying before His Majesty their Lordships Resolution, concerning the Barons of the Exchequer in Ireland; and that His Majesty was pleased to give a Gracious Answer, to this Effect; (videlicet,)

"That He was very well pleased with the Conduct of the Barons of the Exchequer in Ireland; and would have à just Regard to the Recommendation of this House."

Dove's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas Dove Esquire to raise Two Thousand Pounds upon his Estate at Upton, Sutton, Aylesworth, and Castor; and to make Sale of his Estate at Heathen Coat, in the County of Northampton, for discharging Incumbrances upon the said Estates, and raising Portions for his Brother and Sister; and Payment of his Father's and his own Debts."

Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

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

Daniel Carmichell versus Sir James Carmichell.

Upon reading the Petition and Appeal of Daniel Carmichell, of Mauldsly, an Infant, by his Guardians; complaining of Two Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Three and Twentieth of July and Eleventh of December last, made on the Behalf of Sir James Carmichell; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir James Carmichell may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Friday the Six and Twentieth Day of February next.

Adjourn.

Petrus King Miles, Capital. Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, tricesimum diem instantis Januarii, hora decima Auror. Dominis sic decernentibus.

DIE Sabbati, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Then, in order to the Observation of this Day; being by Act of Parliament appointed to be observed as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First;

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, primum diem Februarii jam proxim. sequent. hora undecima Auror. Dominis sic decernentibus.