House of Lords Journal Volume 21: May 1720, 11-20

May 1720, 11-20

DIE Mercurii, 11^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. to return Sir C. W. Bampfield's Bill.

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

To return the Bill, intituled, "An Act for Sale of Part of the Estate of Sir Coplestone Warwick Bamfylde Baronet; and for settling another Estate, of greater Value, to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Commissioners of forseited Estates versus Sir J. Mac Donald:

After hearing Counsel, upon the amended Petition and Appeal of the Commissioners and Trustees of the forfeited Estates, complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the One and Twentieth of August, the Second of September, and Eight and Twentieth of October last, made on the Behalf of Donald Mac Donald, deceased, who was Son to the late Sir Donald Mac Donald; and praying, "That the same may be reversed:" As also upon the Answer of Sir James Mac Donald of Slate Baronet, Uncle to the said Donald Mac Donald, put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in this Cause:

The Question was put, "Whether the said Decrees shall be reversed?"

It was Resolved in the Affirmative.

Interlocutors reversed, and Possession restored.

Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Interlocutory Sentences, or Decrees, complained of in the said Appeal, be, and are hereby, reversed: And it is further Ordered, That the Respondent be removed from all Possession of the Estate in Question, which he may have obtained, if he have obtained any, by Virtue or Colour of the said Decree, and from the Receipt of the Rents and Profits thereof; and that the said Commissioners and Trustees for the forfeited Estates take Possession, and receive the Rents and Profits thereof, and proceed to execute the Powers and Authorities in them vested with respect thereto; any Right, Title, or Claim, of the Respondent notwithstanding.

Causes to be heard de Die in Diem.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will proceed in the Hearing of the several Causes now appointed, de Die in Diem, in the same Order they at present stand; and, that all Parties concerned may the better take Notice of the same, a List of the Days on which the said Causes are to be heard be affixed on the Doors of this House and Westminster Hall.

Motion to shorten the Time of the Committee meeting on Sir J Lumley's Bill.

The Order of the Day, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, in relation to the Commitment of Private Bills, so far as that the Committee to whom Sir James Lumley's Bill stands committed may have Leave to meet on a shorter Day than directed by the said Standing Order, being read:

It is Ordered, That this House will take the said Motion into Consideration To-morrow; and the Lords to be summoned.

Adjourn.

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

DIE Jovis, 12^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Juries corrupting of, to prevent, Bill.

The Order of the Day, for the House to be in a Committee upon the Bill, intituled, "An Act for preventing the corrupting of Juries," being read:

It is Ordered, That the House be put into a Committee thereupon, on Saturday next; and that all the Judges do then attend; and the Lords to be summoned; and that the Cause wherein Alexander Lord Salton is Appellant, and William Fraser Respondent, which stands appointed for that Day, be put off to Monday next; and the other Causes removed in Course.

Motion to shorten the Time of the Committee meeting on Sir J Lumley's Bill.

The House (according to Order) proceeded to take into Consideration the Motion made on Tuesday last, for dispenfing with the Standing Order of this House, in relation to the Commitment of Private Bills, so far as that the Committee to whom Sir James Lumley's Bill stands committed may have Leave to meet on a shorter Day than directed by the said Standing Order:

It is Ordered, That this House will take the said Motion into further Consideration To-morrow.

Butler versus Ly. Prendergast.

The House proceeded to hear Counsel, upon the Petition and Appeal of Theobald Butler, complaining of several Orders and Proceedings made in the High Court of Chancery in Ireland, in a Cause wherein Sir Thomas Prendergast Baronet, an Infant, by his Mother and Guardian Dame Penelope Prendergast and others were Plaintiffs, and the Appellant Defendant, et è contra: As also upon the Answer of the said Sir Thomas Prendergast and others put in to the said Appeal:

It is Ordered, That this House will hear the Residue of the said Cause To-morrow.

Commissioners of forfeited Estates Appeals, Hearing adjourned till next Session.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Hearing of the several Causes wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and George and John Ogilvies, Sir James Mackenzie, Sir George Stewart, in relation to the Estate of Borlick; Patrick Farquharson, Donald Mackenzie, John Hogge, Sir George Stewart, in relation to the Estate of Gaskinhall; and Sir George Stewart, in relation to the Estate of Waterstoun, are Respondents, be, and are hereby, adjourned till the next Session of Parliament; and that the First of the said Causes be proceeded in the Third Day of the next Session; and the others to be heard de Die in Diem, in the Order they now stand; and that the Appellants do cause Notice of this Order to be forthwith given to the several Respondents.

Causes appointed brought forwards.

Ordered, That the several other Causes which now stand for Hearing be brought forward, so as to fill those Days which are now vacant by the putting off the several Causes wherein the Commissioners and Trustees of the forfeited Estates are Appellants to the next Session.

Insolvent Debtors Relief, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Relief of Insolvent Debtors."

Ordered, That the said Bill be read a Second Time on Tuesday next; and that the Judges have Copies thereof in the mean Time; and that they, or some of them, do then attend.

Prothonotaries to attend, with Lists of Persons entered Clerks in their Offices.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That each of the Three Prothonotaries in the Court of Common Pleas do attend this House on Saturday Morning next, with a true List of all such Persons as are entered Clerks of such Prothonotaries in the Books of their respective Offices, without Admission or Oath of an Attorney, or are otherwise allowed as Prothonotaries Clerks, and suffered to practise in the said Court as Attornies.

Angel's Nat. Bill.

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

Adjourn.

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

DIE Veneris, 13^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir J. Lumley's Committee shortened.

The House (according to Order) proceeded to take into further Consideration the Motion made on Tuesday last, for dispensing with the Standing Order of this House, in relation to the Commitment of Private Bills, so far as that the Committee to whom Sir James Lumley's Bill stands committed may have Leave to meet on a shorter Day than directed by the said Standing Order.

And, after Consideration thereof, and reading the First Order of Reference to the Judges, and Two other Orders for transferring the Petition to other Judges; as also another Order of Reference to Two other Judges, and the Judges Report thereupon, under their Hands: And it appearing, that the said Delays were occasioned by the Judges going the Circuits:

It is Ordered, That the said Standing Order be so far dispensed with, as that the Committee may meet, to consider of the said Bill, on Monday next.

E. of Chesterfield's Privilege not allowed, he not having qualified to sit in the House.

The Earl of Clarendon reported from the Lords Committees for Privileges, to whom the Consideration of the Petition of Sir William Courtenay Baronet, the Lady Anne his Wife, the Honourable James Bertie Esquire, and the Honourable Charles Bertie Esquire; praying, "That the Earl of Chesterfield may be obliged to warve his Privilege, or that the Petitioners may be at Liberty to proceed in a Suit between them and the said Earl," was referred: "That the Committee, on their Consideration of the said Petition, were attended as well by the Agent of the said Earl of Chesterfield, as the Agent of the Petitioners; and that it was admitted by the said Earl's Agent, "That there was such a Suit as mentioned in the Petition; and that his Lordship did therein insist on his Privilege:" But the Petitioners Agent acquainting the Committee, "That the said Earl had not taken the Oaths, to qualify himself to sit in Parliament;" an Entry in the Journal of this House, of the Four and Twentieth of February 1691, declaring, in the Case of the Lord Gerard of Gerards Bromley, "That Privilege of Parliament shall not extend to Lords that have not first qualified themselves to sit in Parliament, by taking the Oaths and Test," was read. And it appearing to the Committee, that the said Earl of Chesterfield has not taken the Oaths, and made and subscribed the Declaration, nor taken and subscribed the Oath of Abjuration, pursuant to the Statutes; their Lordships are therefore of Opinion, he is not entitled to Privilege of Parliament."

Which Report, being read by the Clerk, was agreed to by the House.

And it is thereupon Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners are at Liberty to proceed in the Suit, according to the Prayer of the Petition.

Butler versus Sir T. Prendergast:

After hearing Counsel, as well Yesterday as this Day, upon this Petition and Appeal of Theobald Butler, complaining of a Decree and several Orders of the High Court of Chancery in Ireland, of the Seventeenth of June 1718, of the Fifth and Five and Twentieth of June, and the Third and Twelfth of November last, in a Cause wherein Sir Thomas Prendergast Baronet, an Infant, Son and Heir of Sir Thomas Prendergast, deceased, by his Mother and Guardian Dame Penelope Prendergast, and Lieutenant General William Cadogan (now Earl Cadogan), Colonel James Dawson, and Jeffery Prendergast, Executors of the last Will and Testament of the said Sir Thomas Prendergast, deceased, were Plaintiffs, and the Appellant Defendant, et è contra; and praying, "That the same may be reversed, and the Appellant freed from the Attachment he now lies under:" As also upon the several (fn. 2) Answer of Sir Thomas Prendergast, by his Mother and Guardian Dame Penelope Prendergast, William Earl Cadogan, Colonel James Dawson, and Jeffery Prendergast; put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in this Cause:

Decrees and Orders affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree and Orders complained of in the said Appeal be, and are hereby, affirmed; with this Variation, "That instead of the Issue, by the Order of the Fifth of June last directed to be tried in this Cause, a feigned Action be brought against the Appellant, by the Respondents, the Executors of the late Sir Thomas Prendergast, and the now Respondent Sir Thomas Prendergast, to try of how much better Value the Estate of Sir Thomas Prendergast would have been at the Time of the Expiration of the Grant made to Cornelius Ryan, of the Woods in Question, in Case none of the Saplings excepted in the said Grant had been cut or destroyed, or wilfully per mitted to be cut or destroyed, by the Appellant or his Agents, or by any employed by him, them, or any of them; and that such Issue be tried by a Jury of Queen's County:" And it is further Ordered, That if the Appellant shall not appèar and join Issue, and proceed to Trial, at such Time as the Court of Chancery in Ireland shall direct, that the Respondents shall, in such his Default, enter an Appearance for the said Appellant, and put in a Plea for him, to be approved by a Master of the said Court, and may proceed to try the said Issue ex Parte: And it is Ordered, That the said Court of Chancery do give the necessary Directions for the Proceeding to try the said Issue with all convenient Speed; and, after the said Trial had, the said Court is to proceed further in the said Cause as shall be just.

Wrought Plate, Duties on, &c. Bill.

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

With a Bill, intituled, "An Act for laying a Duty upon Wrought Plate; and for applying Money arising from the clear Produce (by Sale of the forfeited Estates) towards answering His Majesty's Supply; and for taking off the Drawbacks upon Hops exported for Ireland; and for Payment of Annuities to be purchased after the Rate of Four Pounds per Centum per Annum at the Exchequer, redeemable by Parliament; and for appropriating Supplies granted in this Session of Parliament; and to prevent counterfeiting Receipts and Warrants of the Officers of the South Sea Company; and for explaining a late Act concerning Foreign Salt, cellared and locked up before the Four and Twentieth Day of June One Thousand Seven Hundred and Nineteen; and to give a further Time for paying Duties on certain Apprentices Indentures; and for Relief of Thomas Vernon Esquire, in relation to a Parcel of Senna imported in the Year One Thousand Seven Hundred and Sixteen;" to which they desire the Concurrence of this House.

Timber and Fruit Trees, for preserving, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the First Year of His Majesty's Reign, intituled, An Act to encourage the planting of Timber-trees, Fruit-trees, and other Trees, for Ornament, Shelter, or Profit, and for the better Preservation of the same; and for the preventing the burning of Woods, and for the better Preservation of the Fences of such Woods."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Godfrey and Mr. Lightboun:

That the Lords have agreed to the said Bill, with some Amendments, whereunto they desire their Concurrence.

Angel's Nat. Bill.

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

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

Adjourn.

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

DIE Sabbati, 14^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L Dudley's Pet. versus Earl and Countess of Meath, Appeal from the House of Lords in Ireland, Report from Committee.

The Earl of Clarcrdon reported from the Lords Committees to whom was referred the Petition of Edward Lord Dudley and Ward, an Infant, by his Guardian the Right Honourable the Lady Diane Feilding, and who were directed to examine what Proceedings have been had, in the Cause between the Petitioner's Father and the Earl and Countess of Meath, in this House; and to state the several Proceedings, and what has been done thercupon, together with the Opinion of the Committee, to the House: "That the Committee, having met, inquired in the First Place, "Whether any Notice had been given to the Earl and Countess of Meath, or any Agents on their Behalf?" And were informed, by the Agent for the said Lord Dudley and Ward, "That he did not know of any Notice that had been given; believing the said Earl and Countess were in Ircland; nor did he know of any Agent in Town concerned for them." Wherefore the Committee did not think proper to proceed in the Matter to them referred, without the further Directions of the House."

Which Report being read by the Clerk:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner do cause regular Notice to be given to the said Earl and Countess, and to such other Person or Persons who is or are in the Possession, or in the Receipt of the Rents and Profits, of the Estate in Question, in order for the further proceeding on the Matter of the said Petition.

Timber from Germany, Importation of, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to repeal so much of the Act, intituled, "An Act for preventing Frauds, and regulating Abuses, in His Majesty's Customs," passed in the Thirteenth and Fourteenth Years of King Charles the Second, as relates to the prohibiting the Importation of Deal Boards and Fir Timber from Germany."

Prothonotaries of Common Pleas, Lists delivered.

The House being informed, "That the Prothonotaries in the Court of Common Pleas attended (according to Order):"

They were called in; and delivered, at the Bar, Lists of Persons permitted to practise in their Offices as Clerks, from the Restoration of King Charles the Second.

And withdrew.

And the same were brought to the Table.

Corrupting of Juries, to prevent, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for preventing the corrupting of Juries."

After some Time spent therein, the House was resumed.

And the Earl of Clarcndon reported from the said Committee, "That they had made some Progress in the Bill; and directed him to move, That they may have Leave to sit again."

Ordered, That, on Monday Three Weeks, this House shall be put into a Committee of the whole House, to consider further of the said Bill.

Wrought Plate, Duties on, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for laying a Duty upon Wrought Plate; and for applying Money arising from the clear Produce by Sale of the forfeited Estates towards answering His Majesty's Supply; and for taking off the Drawbacks upon Hops exported for Ireland; and for Payment of Annuities, to be purchased after the Rate of Four Pounds per Centum per Annum at the Exchequer, redeemable by Parliament; and for appropriating Supplies granted in this Session of Parliament; and to prevent counterfeiting Receipts and Warrants of the Officers of the South Sea Company; and for explaining a late Act concerning Foreign Salt cellared and locked up before the Four and Twentieth Day of June One Thousand Seven Hundred and Nineteen; and to give a further Time for paying Duties on certam Apprentices Indentures; and for Relief of Thomas Vernon Esquire, in relation to a Parcel of Senna imported in the Year One Thousand Seven Hundred and Sixteen."

Habkin's Report to be recerved.

Whereas Tuesday last was appointed, for receiving the Report from the Lords Committees to whom the Petition of William Habkin Beltmaker in Edinburgh was referred:

It is Ordered, That the said Report be received on Monday next.

Angell's Nat. Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing George Angell," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Repairing Gaols, suppressing Piracy, and establishing Articles of War for the Navy, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for building and repairing County Gaols, and other Gaols, Prisons, and Session Houses, in that Part of Great Britain called England; and for ascertaining the Fees of the said Gaols; and for the better Relief of Prisoners in the said Gaols and Prisons; and for making perpetual an Act of the Eleventh and Twelfth Years of the Reign of King William the Third, for the more effectual Suppression of Piracy; and for making more effectual the Act of the Thirteenth Year of the Reign of King Charles the Second, intituled, An Act for establishing Articles and Orders for the regulating and better Government of His Majesty's Ships of War and Forces by Sea."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight; and that the Judges have Copies thereof in the mean Time; and that they, or some of them, do then attend.

Adjourn.

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

DIE Lunæ, 16^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Salton versus Frazer:

After hearing Counsel, upon the Petition and Appeal of Alexander Lord Salton; complaining of a Decree of the Lords of Session in Scotland, of the Seven and Twentieth of November, and of several Interlocutory Sentences, or Decrees, of the said Lords, affirming the same, of the Tenth, Three and Twentieth, and Thirtieth of December last, made on the Behalf of William Fraser Esquire; and praying, "That the same may be reversed:" As also upon the Answer of the said William Fraser put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in this Cause:

Reversed, with Daections.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree, and the several Interlocutory Sentences, or Decrees, assirming the same, complained of in the said Appeal, be, and are hereby, reversed: And it is further Ordered and Adjudged, That the Appellant forthwith bring before the Lords of Session, to be deposited with their proper Officer, the Four Thousand Pounds in Question, with the Interest due to the Time of bringing it in, in Money, or good Securities to be approved by the Court; the Principal to be laid out, with the Approbation of the said Lords of Session, as soon as conveniently may be, in the Purchase of Lands, according to the Intention of the Bond of the late Lord Salton, in the Pleadings mentioned; and in the mean Time, until such Purchase can be had, to be put out at Interest, with like Approbation; and the Interest, as well that to be brought in by the Appellant as the future Interest to grow due during the Infancy of the Respondent the Infant, to be applied for his Benefit, in such Manner as the Lords of Session shall find most proper for his Advantage; and afterward the growing Interest to go as the Profits of the Lands to be purchased are appointed to go by the said Bond: That the Appellant lay before the Lords of Session his Title to the Lands in Cairnbuilg by him purchased, and the Value thereof; and in Case the Lords of Session shall approve of his Title thereto, or to any Part thereof, the Appellant shall convey the same, or such Part thereof, according to the Intention of the said Bond of the said late Lord Salton: And so much as the Lords of Session shall find the Lands so by the Appellant conveyed to be really worth, not exceeding the Price paid by the Appellant for the same, they shall cause to be paid back to the said Appellant, out of the said Four Thousand Pounds, so soon as such Value is ascertained and Conveyance made; and those Lands, so conveyed, shall be esteemed Part of the Purchase directed to be made with the said Four Thousand Pounds as aforesaid: And it is further Ordered, That the Appellant and the Respondent William Fraser may each of them have Liberty to propose to the Lords of the Sessions, from Time to Time, Securities or Purchases for the said Money.

Bill for further preventing Robbery, &c. Instruction to Committee, to receive a Clause against destroying Apparel.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That it be an Instruction to the Committee to whom the Bill, intituled, "An Act for the further preventing Robbery, Burglary, and other Felonies; and for the more effectual Transportation of Felons," stands committed: "That they have Power to receive a Clause, for the more essectual punishing such Persons as shall insult any of His Majesty's Subjects, by tearing, burning, spoiling, or destroying, any Wearing Apparel, in the Public Streets or Highways."

Adjourn.

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

Die Jovis, 16^o Die Junii, 1720, hitherto examined by us,

Clarendon.
Rochester.
Say & Seale.
A. Menev.
Hu. Bristol.

DIE Martis, 17^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir J. Lumley's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Sir James Lumley Baronet to settle a competent Jointure; and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had made several Amendments to the Bill."

Which were read Twice, and agreed to.

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

Angell's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing George Angell."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

Frauds in Allowances on damaged Wines, to prevent, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for preventing of Frauds and Abuses in the Allowances on damaged Wines; and for lengthening the Time for the Drawbacks on the Exportation of Wines."

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

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

Timber from Germany, Importation of, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to repeal so much of the Act, intituled, "An Act for preventing Frauds, and regulating Abuses, in His Majesty's Customs," passed in the Thirteenth and Fourteenth Years of King Charles the Second, as relates to the prohibiting the Importation of Deal Boards and Fir Timber from Germany."

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

Habkin's Pet. touching Costs in Scotland; Report of Proceedings:

Ordered, That the Report from the Committee appointed to consider of the Petition of William Habkin Beltmaker in Edinburgh; complaining, "That the Lords of Session in Scotland have not taxed him his Costs and Expences, pursuant to former Orders of this House; and praying such final Order may be made, touching his Costs both here and in Scotland, as shall be thought proper for his Relief, and for answering the Intent of the said former Orders," which was to have been received Yesterday, be now received.

Then the Earl of Clarendon reported from the said Committee, "That their Lordships having caused Notice to be given of this Complaint to one Roger Hoge Merchant in Edinburgh, who was the Respondent to the Petitioner's Appeal, and being attended as well by an Agent on Behalf of the said Hoge, as by the Petitioner himself and his Agent; their Lordships took the said Petition into Consideration; and find, that this House, on the 19th of August 1715, upon hearing the Petitioner's Appeal, did in Part reverse a Decree of the Lords of Session therein complained of; and directed them to cause the Costs and Expences of the Petitioner, in the Suit between him and the said Hoge, to be taxed and ascertained; and that the same, when so taxed, should be forthwith paid to the Petitioner.

That, the Petitioner having exhibited the said Order, as also his Accompt of Expences, to the said Lords of Session, the same was by them referred to the Lord Grange, to be taxed accordingly; and the said Accompt was by him modified to the Sum of £. 63. Sterling, or thereabouts.

"That the Committee were informed, the said Accompt, or Bill of Costs, was, by the Lord Grange, so taxed or modified ex Parte, and a Decree made thereupon; but, upon the said Hoge's Representation, in Four or Five Days after, the Petitioner was directed to see and answer; and in the mean Time the extracting the said Decree was stopped; and some short Time afterwards, the said Accompt, with the Instinctions thereof, and the Order of this House of the said 19th of August, were ordered to be put into the Clerk's Hands: Notwithstanding this Proceeding, the Petitioner, without complaining to the Court of Session of the Taxation of the said Lord Grange, thought fit to take up his Accompt, or Bill of Costs, and Vouchers, from the Clerk, and to apply to this House by Petition; complaining of the said Taxation, and desiring that the abovementioned Order of your Lordships, on hearing his Appeal, might be made effectual for his Relief, touching his Costs both here and in Scotland. And a Committee being appointed to consider of the said Petition; their Lordships, on the 8th of March 1717, reported it as their Opinion, "That the Lords of Session had rightly proceeded, to tax only the Costs of Suit before them, and not the Costs of the Petitioner's Appeal to this House; and that no final Order should be made upon the Petitioner's Complaint, until it should be seen what Costs the Lords of Session would allow:" But, in respect of the Delay in taxing the Petitioner's Costs, it was likewise their Opinion, "The Lords of Session should tax and allow him the Costs he had or should be put to in the Taxation of his said Costs:" And your Lordships agreeing with the Committee in their said Report, the Petitioner applied again to the said Lords of Session, pursuant to the Directions therein contained. And here the Committee think proper to observe, that, on the 11th of February 1717, but a few Weeks before the abovementioned Report was made, your Lordships, upon a Petition of one Mrs. Lyon, touching the Taxation of her Costs in Scotland, did direct the Lords of Session to tax and ascertain her Costs and Expences, Article by Article. And the Committee were informed, "That the said Lords of Session conceived it was expected by your Lordships that they should observe the like Method in the Re-taxation of the Petitioner's Accompt, or Bill of Costs, as was done in Mrs. Lyon's, and therefore proceeded accordingly. And having fully heard the Parties on both Sides in relation thereunto, and duly considered the Acts of Regulation which are authorized by Acts of Parliament in Scotland, regulating the Fees about the Court of Session there, the whole Lords went through the said Accompt, or Bill, Article by Article, and taxed the same at £. 23. Sterling, or thereabouts, and allowed for Costs of such Taxation £. 8. 6s. 8d. or thereabouts, the Reasons of which Taxation are particularly expressed in their Interlocutor for that Purpose;" which Sums, so taxed and allowed, the Committee were likewise informed, the said Hoge did immediately, by a Notary, offer Payment to the Petitioner; but he refused to accept thereof.

"The Committee, before they conclude, think proper only further to observe, that your Lordships having formerly been of Opinion, the Lords of Session had rightly proceeded to tax only the Costs of Suit before them, and not the Costs of the Petitioner's Appeal; and your said Order of the 8th of March 1717, directing the Lords of Session only to tax and allow the Petitioner the Costs he had or should be put to in the Taxation of his Costs, having been complied with in the Allowance of the said £. 8. 6s. 8d. for that Purpose as aforementioned; that therefore the said Lords of Session have proceeded agreeably to the Orders of this House, and have not disregarded the Authority of your Lordships last Order, as particularly complained of in the Petition."

Which Report, being read by the Clerk, was agreed to by the House.

And the Order and Judgement of this House of the Nineteenth of August 1715, on hearing the Petitioner's Appeal, being read:

Petition dismissed.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be, and is hereby, dismissed this House.

Hamilton versus Boswell.

A Petition of George Boswell and Helen his Wife, was presented to the House, and read; praying, "That the Cause wherein the Petitioners are Respondents, and George Hamilton of Grange is Appellant, which stands for an Hearing on Thursday next, may be put off till the next Session of Parliament; that the Petitioners may have an Opportunity of recovering their Papers, and have the Assistance of proper Counsel, to assist them in their Defence."

Whereupon, Thomas Fordyce, the Petitioner's Agent, was called in; and examined, upon Oath, at the Bar, touching the Allegations of the said Petition, and Notice given to the other Side.

And being withdrawn:

It is Ordered, That the Hearing the said Cause be adjourned till the next Session of Parliament, according to the Prayer of the said Petition.

Insolvent Debtors Relief, Bill.

The Order of the Day, for the Second Reading of the Bill, intituled, "An Act for Relief of Insolvent Debtors," being read:

It is Ordered, That the said Bill be read a Second Time on Thursday next; and that all the Judges do then attend.

Duties on Wrought Plate, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for laying a Duty upon Wrought Plate; and for applying Money arising from the clear Produce by Sale of the forfeited Estates towards answering His Majesty's Supply; and for taking off the Drawbacks upon Hops exported for Ireland; and for Payment of Annuities, to be purchased after the Rate of Four Pounds per Cent. per Annum at the Exchequer, redeemable by Parliament; and for appropriating Supplies granted in this Session of Parliament; and to prevent counterfeiting Receipts and Warrants of the Officers of the South Sea Company; and for explaining a late Act concerning Foreign Salt cellared and locked up before the Four and Twentieth Day of June One Thousand Seven Hundred and Nineteen; and to give a further Time for paying Duties on certain Apprentices Indentures; and for Relief of Thomas Vernon Esquire, in relation to a Parcel of Senna imported in the Year One Thousand Seven Hundred and Sixteen."

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

Adjourn.

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

DIE Mercurii, 18^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Mountague's Privilege:

A Petition of Robert Tebbutt and Richard Haynes, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege, in arresting John Norborne, a Bailiff of a Franchise belonging to the Duke of Montagu, and a Receiver of the Rents of Part of his Grace's Estate, was presented to the House, and read; expressing their hearty Sorrow for their Offence, and begging Pardon for the same; and praying, "in regard to their necessitous Circumstances, to be discharged:"

Tebbutt and Haynes to be brought to the Bar.

It is Ordered, That the Petitioners be brought to the Bar, on Friday next, in order to their Discharge.

Allowances on damaged Wines, Abuses in, to prevent, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for preventing of Frauds and Abuses in the Allowances on damaged Wines; and for lengthening the Time for the Drawbacks on the Exportation of Wines."

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

It was Resolved in the Affirmative.

Message to H C. that the Lords have agreed to the Bill.

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

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

Barry versus Jephson:

Upon reading the Petition of Anne Jephson, Widow, Relict, and Executrix, of William Jephson deceased; setting forth, "That the Cause upon the Appeal of Redmond Barry Esquire, to which the said William Jephson was Respondent, was some Time since appointed to be heard; which Respondent died on the Tenth of the last Month, having made his Will, and the Petitioner his Wife sole Executrix, who hath since proved the same, and thereby is entitled to the Monies due from the Appellant; but he, to delay hearing the Cause, and to keep the Petitioner out of the said Money, hath not revived the said Appeal;" and praying, "That the Appellant may be ordered forthwith to revive the same, the Petitioner being now ready to put in her Answer:"

Appeal revived.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Appeal be revived accordingly; and that the Appellant do amend the same, by making the Petitioner a Party, To-morrow; and that the Petitioner do forthwith cause Notice to be given to the Appellant, or his Agent, of this Order.

Duties on Wrought Plate, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for laying a Duty upon Wrought Plate; and for applying Money arising from the clear Produce by Sale of the forfeited Estates towards answering His Majesty's Supply; and for taking off the Drawbacks upon Hops exported for Ireland; and for Payment of Annuities, to be purchased after the Rate of Four Pounds per Centum per Annum, at the Exchequer, redeemable by Parliament; and for appropriating Supplies granted in this Session of Parliament; and to prevent counterfeiting Receipts and Warrants of the Officers of the South Sea Company; and for explaining a late Act concerning Foreign Salt cellared and locked up before the Four and Twentieth Day of June One Thousand Seven Hundred and Nineteen; and to give a further Time for paying Duties on certain Apprentices Indentures; and for Relief of Thomas Vernon Esquire, in relation to a Parcel of Senna imported in the Year One Thousand Seven Hundred and Sixteen."

After some Time spent therein, the House was resumed.

And the Lord Delawar 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."

Lady Eustace versus Sir W Fownes et al.

After hearing Counsel, upon the Petition and Appeal of Dame Margaret Eustace, Widow of Sir Maurice Eustace late of Castlemartin in the County of Kildare and Kingdom of Ireland Baronet, deceased, and Administratrix of the Goods and Chattels, Debts, and Credits, of Mary Henrietta Eustace, her deceased Daughter by the said Sir Maurice Eustace; complaining of a Decree of Dismission, made in the High Court of Chancery in the said Kingdom, the Thirteenth of November last, in a Cause there depending, wherein the Appellant was Plaintiff, and Sir William Fownes, Katherine O Bryen, Barbara Boucher, Charles Stuart, and Francis Harrison, were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Sir William Fownes, Katherine O Bryen, Barbara Boucher, Charles Stuart, and Francis Harrison, put in to the said Appeal; and due Consideration had of what was ossered by Counsel on either Side in the said Cause:

Decree affirmed, with Costs.

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

Sir J. Lumley's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Sir James Lumley Baronet to settle a competent Jointure; and for other Purposes therein mentioned."

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. Fellows and Mr. Bennet:

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

Nightly Watch, Appointment of, Bill.

Whereas To-morrow was appointed, for the Second Reading of the Bill, intituled, "An Act for the appointing a Nightly Watch, and regulating the Beadles, in that Part of Great Britain called England;" and for hearing Counsel upon the several Petitions as well against as for the same:

It is Ordered, That the said Bill be read a Second Time on Friday, next; and that the Petitioners may be then heard, by their Counsel, as desired.

Insolvent Debtors, Relief of, Bill.

Whereas To-morrow was also appointed, for the Second Reading of the Bill, intituled, "An Act for Relief of Insolvent Debtors;" and for the Judges to attend:

It is Ordered, That the said Bill be read a Second Time on Friday next; and that the Judges do then attend.

Adjourn.

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

DIE Veneris, 20^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Tebbutt and Haynes discharged.

This Day Robert Tebbutt and Richard Haynes, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege, in arresting John Norborne, a Bailiff of a Franchise belonging to the Duke of Montagu, and a Receiver of the Rents of Part of his Grace's Estate, were (according to Order) brought to the Bar.

Where they, on their Knees, being reprimanded by the Lord Chancellor for their said Offence, were discharged out of Custody, paying their Fees.

Message from H. C. to return the Bill for preserving Timber and Fruit Trees.

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

To return the Bill, intituled, "An Act to explain and amend an Act passed in the First Year of His Majesty's Reign, intituled, (An Act to encourage the planting of Timber Trees, Fruit Trees, and other Trees, for Ornament, Shelter, or Profit, and for the better Preservation of the same; and for the preventing the burning of Woods;) and for the better Preservation of the Fences of such Woods;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Nightly Watch, Appointment of, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for the appointing a Nightly Watch, and regulating the Beadles, in that Part of Great Britain called England."

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

It was Resolved in the Negative.

Rejected.

Ordered, That the said Bill be rejected.

Insolvent Debtors, Relief of, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Relief of Insolvent Debtors."

And the Judges attending (according to Order), the Lord Chief Justice was heard; and acquainted the House, That the Judges had considered the said Bill; and were unanimously of Opinion, that the same, without divers Alterations, was not fit to pass."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight; and that some of the Judges do then attend.

Deal Boards and Fir Timber from Germany, Importation of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to repeal so much of the Act, intituled, An Act for preventing Frauds, and regulating Abuses, in His Majesty's Customs, passed in the Thirteenth and Fourteenth Years of King Charles the Second, as relates to the prohibiting the Importation of Deal Boards and Fir Timber from Germany."

After some Time spent therein, the House was resumed.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum primum diem instantis Maii, hora undecima Auror. Dominis sic decornentibus.