House of Lords Journal Volume 21: May 1721, 1-10

May 1721, 1-10

DIE Lunæ, 1^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Corporation of Gallway versus Russell:

After hearing Counsel, as well on Saturday last as this Day, upon the Petition and Appeal of the Mayor, Sheriffs, Free Burgesses, and Commonalty, of the Town and County of the Town of Gallway; complaining of an Order of the Chancery of the Court of Exchequer in Ireland, of the Five and Twentieth of May 1715, and the Affirmance thereof the First of February 1719; and of a Report and an Order and Decree of the One and Twentieth and Five and Twentieth of June last, and all Proceedings thereupon, in a Cause wherein Henry Russell Esquire, as One of the Executors of Colonel Russell deceased, was Plaintiff, and the Appellants and the other Executor of the said Colonel were Defendants; and praying, "That the same may be reversed, and the Plaintiffs Bill dismissed with Costs:" As also upon the Answer of the said Henry Russell put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in this Cause:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Orders, Report, and Decree, and all Proceedings thereupon, complained of in the said Appeal, be, and are hereby, reversed: And it is further Ordered and Adjudged, That the Respondent's Bill in the Chancery of the said Court of Exchequer in Ireland be; and is hereby, dismissed.

Lechmere's Pet. referred to Judges.

Upon reading the Petition of Anne Lechmere Widow, Mother and Guardian of Edmund Lechmere Esquire, an Infant, for and on the Behalf of the said Infant, Thomas Foley Esquire Grandfather, and Lucy Lechmere Widow, Grandmother of the said Infant, and Administratrix of the Goods and Chattels of Anthony Lechmere Esquire, deceased; praying Leave to bring in a Bill, for Sale of Lands in the County of Worcester, in the Petition mentioned, for Payment of the Debts of the said Anthony Lechmere:

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.

E. of Rochford's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for settling the Estates of Richard late Earl Rivers, deceased, pursuant to an Agreement made between Frederick Earl of Rochford and Bessy Countess of Rochford his Wife, James Barry Earl of Barrymore in the Kingdom of Ireland and Lady Penelope Barry his Daughter, and John now Earl Rivers, subject to the Payment of the Debts and Legacies of the said late Earl Rivers, remaining unpaid; and for other Purposes in the said Act mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with

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

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

Broadheath-Common, to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing the Heath, or Common, called Broadheath, in the Parishes of Ellenhall, Seighford, and Ronton, in the County of Stafford."

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

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

Pulteney's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable His Majesty to grant the Inheritance of certain Estates therein mentioned, held by Lease from the Crown (which have been long in the Family of Sir William Pulteney deceased, and in which more than One Hundred Years are yet to come) to Trustees, upon a full Consideration to be paid for the same, as shall be valued by the proper Officers of the Crown, to the End the same may be settled according to the Uses directed in the Will of the said Sir William Pulteney."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees to whom the Bill for enclosing Broadheath Common stands referred.

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

Highgate and Barnet Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act passed in the Tenth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for repairing the Road from Highgate-Gatehouse, in the County of Middlesex, to Barnet Blockhouse, in the County of Hertford; and for repairing the Road leading from The Bear Inne, in Hadley, to the Sign of The Angel in Enfield Chace, in the said County of Middlesex."

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. Rogers and Mr. Godfrey:

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

L. Fitzwalter's Privilege.

Ordered, That the Lords Committees for Privileges, to whom the Lord Fitzwalter's Complaint, relating to a Breach of Privilege, stands referred, do meet on Saturday next; and that Thomas Cooch do attend the said Committee.

Masse's Nat. Bill.

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

Ordered, That the said Bill be committed to the Consideration of the Lords Committees to whom the Bill for enclosing Broadheath Common stands committed.

Their Lordships, or any Five of them; to meet on Friday next, at the same Place:

Stolck's Pet. referred to the same Committee.

And that the Petition of Jacob Stolck, which was ordered to lie on the Table till the Second Reading of the said Bill, be referred to the same Committee; and that their Lordships do admit the Petitioner to be added to the said Bill, if they think fit.

Adjourn.

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

DIE Martis, 2^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. to return Rolfe's Bill.

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

To return the Bill, intituled, "An Act for vesting the Manor of Burnels, alias Riston, and certain Lands in Norfolk, Part of the Estate of Jonas Rolfe Gentleman and Lucy his Wife, in Trustees, to be sold, for discharging the Incumbrances thereon; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Countess Dowager Ferrers et al. Pet. for E. Ferrers to waive his Privilege.

Upon reading the Petition of Selina Countess Dowager Ferrers, Relict of Robert late Earl Ferrers, deceased, and of the Honourable Robert Shirly, George Shirly, Sewallis Shirly, and John Shirly, (her Sons by the said late Earl Ferrers), and Infants under the Age of Twenty-one Years, by Sir George Beaumont Baronet, George Townesend Esquire, and Thomas Harlewin Gentleman, their Guardians appointed by the said late Earl's Will; setting forth, "That the Petitioners have, ever since the said Earl's Death, which was about Christmas 1717, been kept out of the Estates and Provisions intended for them by the said late Earl, by Washington Earl Ferrers the said late Earl's Son by a former Wife, whereby the Petitioner's Sons are prevented from having such Education and Learning as is suitable for them;" and praying, "That the said Earl may waive his Privilege, that the Petitioners may be at Liberty to proceed at Law for the Recovery of such Estates as are intended for them by the said late Earl:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees for Privileges.

The Princess's Answer to the congratulatory Message.

The Lord President acquainted the House, "That he and the Earl of Sunderland, pursuant to their Lordships Order, had waited on her Royal Highness the Princess of Wales, with the Message from this House, to congratulate her on her happy Delivery of a Prince; and that her Royal Highness was pleased to return her Thanks to this House, for their Congratulation upon this Occasion."

King's Answer to Address for Papers about the Fleet.

The Lord Chamberlain reported, "That the Lords with White Staves (according to Order) had waited on His Majesty, with their Lordships Address of Thursday last, for Papers relating to the Fleet and Navy; and that His Majesty has been pleased to give the proper Orders for laying the Papers desired before the House."

Rochfort versus Creswick.

The Order of the Day, for hearing One Counsel of a Side, on the Petition of Robert Rochfort Esquire, for putting off the Hearing of the Cause depending in this House, to which Francis Creswicke Esquire is Respondent, being read:

It is Ordered, That this House will hear One Counsel of a Side, on the Matter of the said Petition, on this Day Sevennight.

Blasphemy and Profaneness, to suppress, Bill.

The other Order of the Day, for the Second Reading of the Bill, intituled, "An Act for the more effectual suppressing of Blasphcmy and Profaneness," being read:

The said Bill was read a Second Time.

And it being moved, "That the Act of the Ninth of King William the Third, for the more effectual suppressing of Blasphemy and Profaneness; and the Act of the Thirteenth of Queen Elizabeth, for Ministers of the Church to be of sound Religion; and a Clause in the Act of the First of King William and Queen Mary, for exempting Their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws, might be read:"

The same were read accordingly.

And it being proposed, "That the said Bill be committed;"

And a Debate arising thereupon:

The Question was put, "That the said Debate be adjourned to this Day Three Weeks?"

It was Resolved in the Affirmative.

Falconer versus Faleoner.

Whereas this Day was appointed, for hearing the Cause wherein David Falconer of Newton Esquire is Appellant, and Dame Elizabeth Falconer and others are Respondents, ex Parte:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday next, at Eleven a Clock.

Journeymen Taylors Bill.

The remaining Order of the Day, for the Second Reading of the Bill, intituled, "An Act for regulating the Journeymen Taylors within the Weekly Bills of Mortality; and for hearing the Journeymen Taylors upon their Petition against the same;" being read:

It is Ordered, That the said Bill be read a Second Time on Thursday next; and that the Petitioners may be then heard, by their Counsel, against the same, at the said Second Reading.

Bath Highways, Bill.

The Earl of Westmorland reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing an Act made in the Sixth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for repairing and enlarging the Highways between the Top of Kingsdown Hill and the City of Bath; and also several Highways leading to and through the said City; and for cleansing, paving, and lightening the Streets, and regulating the Chairmen there; and for explaining and making the said Act more effectual," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Hays et al. versus Pulteney's Bill.

Upon reading the Petition of Anne Hayes, Widow and Relict of Christopher Hayes, late deceased, and Christopher Hayes, Son and Heir of the said Christopher Hayes, an Infant under the Age of Twenty-one Years, by the said Anne Hayes his Mother and Guardian, Executrix of the last Will and Testament of the said Christopher Hayes deceased; and of Anne, Margaret, and Elizabeth Hayes, Infants under the Age of Twenty-one Years, Children of the said Christopher Hayes, deceased, by the said Anne Hayes their Mother and Guardian; and also of Silvanus Horton, John Hayes, and John Glasse, Trustees in the Will of the said Christopher Hayes; praying to be heard, by their Counsel, against the Bill, intituled, "An Act to enable His Majesty to grant the Inheritance of certain Estates therein mentioned, held by Lease from the Crown (which have been long in the Family of Sir William Pulteney, deceased, and in which more than One Hundred Years are yet to come), to Trustees, upon a full Consideration to be paid for the same, as shall be valued by the proper Officers of the Crown, to the End the same may be settled according to the Uses directed in the Will of the said Sir William Pulteney;" in regard the Petitioners conceive they shall be prejudiced, in case there is not some Provision in the said Bill, for saving the Petitioners Right:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed.

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein William Roe Merchant Traveller is Appellant, and Janet Tod and William Tod are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday next; and that the other Causes be removed in Course.

Adjourn.

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

Die Martis, 27^o Februarii, 1721, hitherto examined by us,

Clarendon.
Say & Seale.
Hu. Bristol.

DIE Jovis, 4^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. Rochester & al. versus Attorney General & al.

The Order of the Day, for resuming the Debate which arose the Twenty-ninth of March last, upon hearing the Cause wherein the Lord Bishop of Rochester, Dean of the Collegiate Church of St. Peter in Westminster, and others, are Appellants, and His Majesty's Attorney General and others are Respondents, being read:

It is Ordered, That the said Debate be further adjourned to Tuesday the Sixteenth Instant; and then to come on peremptorily.

Jeffreys & al. for Leave to build a Chapel.

in the Parish of St. Andrew's Holborn.

Upon reading the Petition of Nicholas Jeffreys, Francis Cornewall, Edward Fenwicke, Henry Frankland, and Robert Allin, Esquires, Captain John Mills, John Richbell and John Ragdell Gentlemen, on Behalf of themselves and divers other Persons, Inhabitants in Bedford Row, Red Lyon Street, and other Parts adjacent, where a great Number of new Buildings have been lately erected, in the Parish of St. Andrew Holbourne, in the County of Middlcsex; praying Leave to bring in a Bill, to enable the Petitioners to build and finish a Chapel, within the Neighbourhood of those new Buildings, at their own Charges, without any Expence or Burthen to the present Rector of the said Parish or his Successors, and without diminishing of any Tithes, Dues, or Profits, belonging to the said Rectory; and to empower the Bishop of the Diocese, for the Time being, to license such Persons as shall by him be approved, to officiate in the said Chapel when finished.

The Lords following were appointed a Committee, to consider of the said Petition; and to report their Opinion thereupon to the House; (videlicet,)

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

Falcober versus Falconer:

Whereas this Day was appointed, for hearing Counsel ex Parte, upon the Petition and Appeal of David Falconer of Newton Esquire; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the Seventh of December last, and the Affirmance thereof the Three and Twentieth of the same Month, made on the Behalf of Dame Elizabeth Falconer, Relict of Sir Charlēs Ramsay late of Balmam, Sir Alexander Ramsay now of Balmain, Mr. David Archer Minisler of the Gospel at Lawrence Kirk, and Mr. Robert Mortimer Schoolmaster there:

Interlocutors reversed.

Counsel appearing for the Appellant; but no Counsel for the Respondents:

And the Appellant's Counsel being heard, and withdrawn:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor of the Seventh of December last, finding the Two Mortifications subsisted as Two separate Donatives, and the Interlocutor of the Three and Twentieth of the same Month in Affirmance thereof, be, and are hereby, reversed: And it is further Ordered and Adjudged, That the Appellant be, and is hereby, at Liberty to examine the instrumentary Witnesses, according to his Petition to the Lords of Session for that Purpose; and such further Proceeding shall thereupon be had, before the Lords of Session, as to Justice shall appertain.

Journeymen Taylors Bill:

The Order of the Day, for the Second Reading of the Bill, intituled, "An Act for regulating the Journeymen Taylors, within the Weekly Bills of Mortality;" and for hearing the Journeymen Taylors on their Petition against the same; being read:

The Counsel and Parties were called in.

And the Bill was accordingly read a Second Time.

And the Counse I were heard, as well against as for the said Bill; and several Witnesses were examined upon Oath, in relation thereunto.

And being withdrawn:

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

Bunhurv, Earl of Clarendons Servant, discharged.

Whereas, on this Day Sevennight, a Complaint was made to the House, and Oath made at the Bar, That Walter Bunbury, a menial Servant to the Earl of Clarendon, was arrested and imprisoned, in Breach of the Privilege of this House:"

And it being this Day moved, "That he might be forthwith discharged out of Custody, in order to appear as a Witness before the Committee of Privileges, to whom the further Consideration of the Matter of the Complaint abovementioned was referred:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Walter Bunbury be forthwith discharged out of Custody accordingly; and this shall be a sufficient Warrant on that Behalf.

To Eleazer Peirson, Marshal of the Four Courts in Dublin, or any other Person or Persons, in whose Custody the said Walter Bunbury now is, and every of them.

Russel & al. Petition referred to Judges.

Upon reading the Petition of William Russell Senior and Anstice his Wife, William Russell Junior their Eldest Son and Heir, George Edwards and Mary his Wife, and William Wright and Anstice his Wife, the Daughters of William Russell Senior and Anstice his Wife, in Behalf of themselves, and of John, Joseph, and Robert Russell, Infants, Sons of the said William Russell Senior and Anstice his Wife; praying Leave to bring in a Bill, for Sale of a Messuage, and divers Closes and Lands, in the Parish of Hitchenden, in the County of Bucks, for Payment of the Debts of the said William Russell Senior; 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 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.

Mrs. Berkeley, against Pultney's Bill.

Upon reading the Petition of Charlot Maria Berkeley Widow, only Child and Devisee of Henry Dudgeon deceased, which Henry was the Devisee of Grace Baker deceased, which Grace was the Widow and Devisee of James Baker; praying to be heard, by her Counsel, against the Bill, intituled, "An Act to enable His Majesty to grant the Inheritance of certain Estates therein mentioned, held by Lease from the Crown (which have been long in the Family of Sir William Pulteney deceased, and in which more than One Hundred Years are yet to come), to Trustees, upon a full Consideration to be paid for the same, as shall be valued by the proper Officers of the Crown, to the End the same may be settled according to the Uses directed in the Will of the said Sir William Pulteney;" or that a Clause may be inserted in the said Bill, for saving the Petitioner's Right:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioner may be heard, by her Counsel, according to the Prayer of the said Petition.

Carroll & al. versus Chamberlain & al.

The House being moved, "That John Carroll of St. James's Westminster Victualer may be permitted to enter into Recognizance for Eleanor Carroll and Anthony Carroll, on Account of their Appeal depending in this House, to which Christopher Chamberlain and others are Respondents; the Appellants Agent Luke Martin, who had formerly Leave to enter into the same, being indisposed:"

It is Ordered, That the said John Carroll may enter into a Recognizance for the said Appellants, as desired.

Adjourn.

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

DIE Veneris, 5^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Papers relating to Mr. Knight delivered.

The Lord President presented to the House (by His Majesty's Command) Copies of several Letters and Papers relating to Mr. Knight; with a Schedule of them.

The said Schedule was read, as follows:

"Copies of Mr. Leathes' Letters to my Lord Townshend, dated the 28th and 30th of April 1721, N. S."

"Copy of my Lord Townshend's Letter to Mr. Leathes, 21th April 1721, O. S."

"Copy of Mr. Leathes' Letter to my Lord Townshend, dated 10th May 1721, N. S.; enclosing the Resolution of the General Assembly of the States of Brabant, 10th May, N. S. and Translation."

L. President takes the Oaths.

This Day Charles Lord Viscount Townshend, Lord President of the Council, came to the Table; and took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Sir Nicholas Tempest & al. against enclosing Lanchester Moor.

Upon reading the Petition of Sir Nicholas Tempest Baronet, Francis Nicholls Esquire, and John Sandford Gentleman, on Behalf of themselves, and divers other Freeholders and Copyholders within the Manor of Lanchester; praying to be heard, against the Bill, intituled, "An Act for dividing and enclosing a certain Moor, or Fell, commonly called Lanchester Fell, in the Parish of Lanchester, in the County of Durham:"

It is Ordered, That the Petitioners may be heard, by their Counsel, against the said Bill, at the Second Reading thereof, according to the Prayer of the said Petition.

Roe versus Tod:

Counsel were this Day (according to Order) called in, to be heard, upon the Petition and Appeal of William Roe Merchant Traveller; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, made on the Behalf of Janet Roe, alias Wright, and William Tod now her Husband; as also upon the joint and several Answer of Janet Tod Widow and Administratix of Richard Roe deceased, and William Tod Minister at Burle, the said Janet's present Husband, put in thereunto.

And the Counsel for the Appellant being directed to proceed:

The Counsel for the Respondents objected, "That the Heir at Law of the said Richard Roe was not made a Party to the said Appeal; which, as they conceived, she ought to be."

And the Appellant's Counsel being heard thereunto;

And due Consideration had of what was offered in this Case:

Hearing adjourned till next Sessions.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Hearing the said Cause be, and is hereby, adjourned till the next Sessions of Parliament; and that the Appellant be at Liberty, in the mean Time, to amend his said Appeal, by making the Heir at Law of the said Richard Roe a Party to the same: And it is further Ordered, That the said Appellant do forthwith pay, or cause to be paid, to the said Respondents, the Sum of Ten Guineas, for their Costs in respect of this Day's Attendance.

Pulteney's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable His Majesty to grant the Inheritance of certain Estates therein mentioned, held by Lease from the Crown (which have been long in the Family of Sir William Pultency deceased, and in which more than One Hundred Years are yet to come), to Trustees, upon a full Consideration to be paid for the same, as shall be valued by the proper Officers of the Crown, to the End the same may be settled according to the Uses directed in the Will of the said Sir William Pulteney," was committed: "That they had considered of the said Bill, and found the Allegations thereof to be true; and that all the Parties concerned personally appeared, and gave their Consents; and that the Committee had heard Counsel on the Petitions of Mrs. Hayes and Mrs. Berkeley, to them referred; as also Counsel for the Bill; and conceive, that if the Petitioners have any Right, the same is sufficiently preserved by the general Saving; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which being read Twice, were agreed to; and are as follow:

"P. 9. Line 20. Leave out ["said"]; and in the (fn. 1) Line, after ["Westminster"] insert, ["in the County of Middlesex."]

"P. 14. Line 15. After ["Street"], insert ["aforesaid"].

"Pr. 19. Line 13. Leave out from ["made"], to the End of the Bill."

Bath Highways, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing an Act made in the Sixth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for repairing and enlarging the Highways, between the Top of Kingsdown Hill, and the City of Bath; and also several Highways leading to and through the said City; and for cleansing, paving, and lightening the Streets, and regulating the Chairmen there;" and for explaining and making the said Act more effectual."

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

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

It was Resolved in the Affirmative.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Lovibond:

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

Adjourn.

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

DIE Sabbati, 6^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Address for a State of the National Debt.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, "That His Majesty will be graciously pleased to cause the proper Officers to lay before this House a State, or Estimate, of the Debt of the Nation, unprovided for by Parliament, exclusive of the Debt of the Navy already laid before this House."

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

Raw Silk and Mohan Yarn, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for employing the Manufacturers; and encouraging the Consumption of Raw Silk and Mohair Yarn, by prohibiting the Wearing of Buttons and Button Holes made of Cloth, Serge, or other Stuffs."

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 made One Amendment thereunto; which he was directed to report, when their Lordships will please to receive the same."

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

Rivers Mersey & Irwell navigable, Bill.

The Order of the Day, for the House to be in a Committee on the Bill, intituled, "An Act for making the Rivers Mercy and Irwell navigable, from Liverpoole to Manchester, in the County Palatine of Lancaster," being read:

It is Ordered, That the House be put into a Committee thereupon, on Tuesday next.

Pulteney's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable His Majesty to grant the Inheritance of certain Estates therein mentioned, held by Lease from the Crown (which have been long in the Family of Sir William Pulteney deceased, and in which more than One Hundred Years are yet to come), to Trustees, upon a full Consideration to be paid for the same, as shall be valued by the proper Officers of the Crown, to the End the same may be settled according to the Uses directed in the Will of the said Sir William Pulteney."

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. Bennet and Mr. Lightboun:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto they desire their Concurrence.

Adjourn.

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

DIE Lunæ, 8^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Raw Silk and Mohair Yarn, Bill.

The Order of the Day, for receiving the Report of the Amendment made by the Committee of the whole House to whom the Bill, intituled, "An Act for employing the Manufacturers; and encouraging the Consumption of Raw Silk and Mohair Yarn, by prohibiting the Wearing of Buttons and Button Holes made of Cloth, Serge, or other Stuffs," was committed, being read:

It is Ordered, That the said Report be received To-morrow.

D. Marlborough versus Strong:

Counsel were this Day (according to Order) called in, to be heard, upon the Petition and Appeal of John Duke of Marlborough; complaining of a Decree of the Court of Exchequer, in certain Causes, wherein Edward Strong Senior and Edword Strong Junior were Plaintiffs, and the Appellant and others were Defendants; and wherein the Appellant was Plaintiff, and the said Edward Strong Senior and Edward Strong Junior, and others, were Defendants; as also upon the Answer of the said Edward Strong Senior and Edward Strong Junior put in thereunto.

And the Counsel for the Appellant proceeding:

Notice was taken, "That His Majesty's Attorney General was a Party in the Court below, but is not a Party to the said Appeal; which, as it is conceived, he ought to be."

And the Counsel being heard thereunto:

And due Consideration had of what was offered in this Case:

Appellant to amend Appeal.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Appellant be at Liberty to amend his Appeal, in a Fortnight, by making His Majesty's Attorney General a Party to the same; and that, after such Amendment, the said Attorney General do put in his Answer thereunto, in Writing, forthwith; and then the Parties on either Side to be at Liberty to apply for a Day of Hearing: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondents, the Sum of Twenty Guineas, for their Costs in respect of this Day's Attendance.

Adjourn.

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

DIE Mattis, 9^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King's Answer to Address relating to the National Debt.

The Lord Steward reported, "That the Lords with White Staves (according to Order) had waited on His Majesty, with their Lordships Address of Saturday last, "That His Majesty would be graciously pleased to cause the proper Officers to lay before this House a State, or Estimate, of the Debt of the Nation, unprovided for by Parliament, exclusive of the Debt of the Navy;" and that His Majesty has given Orders accordingly."

Vic Cobham takes the Oaths.

This Day Richard Lord Viscount Cobham came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Rochfort versus Cretwicke.

This Day being appointed, to hear One Counsel of a Side, upon the Matter of the Petition of Robert Rochfort Esquire, Appellant in a Cause depending in this House, to which Francis Creswicke Esquire is Respondent; praying, "That the said Appeal may stand adjourned over for such Time as their Lordships shall please to appoint, until the said Respondent hath put in an Answer to the Appellant's Supplemental Bill, which be intends forthwith to exhibit in the Court of Chancery in Ireland, and until the Appellant is satisfied in several Facts relating to the Heir at Law of Mary Creswicke deceased:"

Counsel accordingly were called in, and heard.

And the several Orders made by this House in the said Cause being read:

And due Consideration had of what was offered on either Side in this Case:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be, and is hereby, dismissed this House; and that this House will hear the said Cause, by Counsel, at the Bar, on Monday next; and that the Cause appointed for that Day be heard on the Wednesday following, and the other removed in Course: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent, the Sum of Twenty Pounds, for his Costs in respect of this Proceeding.

Raw Silk and Mohan Yarn, Bill.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for employing the Manufacturers; and encouraging the Consumption of Raw Silk and Mohair Yarn, by prohibiting the Wearing of Buttons and Button Holes made of Cloth, Serge, or other Stuffs," was committed, the Amendment made by the Committee to the said Bill, as follows:

"Pr. 3. Line 24. leave out ["Conviction"], and insert ["Distress and Sale"].

Which Amendment, being read Twice, was agreed to.

Journeymen Taylors, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for regulating the Journeymen Taylors, within the Weekly Bills of Mortality."

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."

Munro versus Bruce:

A Petition of John Lewellin Gentleman, Solicitor for Grizell Bruce, Respondent to the Appeal of Alexander Munro the Younger of Auchinbowic, was presented to the House, and read; praying, "That the Hearing the said Cause, which is appointed for Thursday next, may be adjourned to for, further Time as may be thought proper; the Petitioner having but very lately received the Decree and Depositions from Scotland."

Petition rejected.

It is Ordered, That the said Petition be rejected.

Rivers Mersey and Irwell navigable, Bill.

The Order of the Day, for the House to be in a Committee upon the Bill, intituled, "An Act for making the Rivers Mercy and Irwell navigable, from Liverpoole to Manchester, in the County Palatine of Lancaster," being read:

It is Ordered, That the House be put into a Committee thereupon, on Thursday next.

Adjourn.

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

DIE Mercurii, 10^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Raw Silk and Mohair Yarn, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for employing the Manufacturers; and encouraging the Consumption of Raw Silk and Mohair Yarn, by prohibiting the Wearing of Buttons and Button Holes made of Cloth, Serge, or other Stuffs."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it.

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

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with One Amendment, whereunto they desire then Concurrence.

Maxwell & Ux. versus Sharp et [...].

After hearing Counsel, upon the Petition and Appeal of Janet Maxwell Lady Cowhill, and Charks Maxwell her Husband, complaining of an Interlocutor of the Lords of Session in Scotland, of the Fourteenth of February One Thousand Seven Hundred and Nineteen, and of another Interlocutor of the said Lords of Session, of the One and Twentieth of July 1720, made on the Behalf of George Sharp now of Hoddam Advocate, Son and Heir of John Sharp the Defendant, and the Affirmance thereof on the Six and Twentieth of the same Month; and praying such Relies as to the House shall seem meet: As also upon the Answer of the said George Sharp put in thereunto: And likewise upon the Crols Appeal of the said George Sharp, from certain Interlocutors of the said Lords of Session therein mentioned, made on the Behalf of the said Charles Maxwell and his Wife; praying the same may be reversed: As also upon the Answer of the said Charles Maxwell and his Wife put in to the said Cross Appeal:

And due Consideration had of what was offered by Counsel on either Side in the said Causes:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Cross Appeal of the said George Sharp be, and is hereby, dismissed this House; and that the several Interlocutors therein complained of be, and are hereby, affirmed; and that so much of the original Appeal of the said Charles Maxwell and his Wife, as complains of the said Interlocutor, of the Fourteenth of February One Thousand Seven Hundred and Nineteen, be, and is hereby, dismissed this House; and that the said Interlocutor be, and is hereby, affirmed: And it is further Ordered and Adjudged, That the said Interlocutor of the One and Twentieth of July One Thousand Seven Hundred and Twenty, whereby the Lords of Session found Hoddam not to be liable to the Appellants Maxwell and his Wife, for any Expence of the Process, and the Affirmance thereof on the Six and Twentieth of the same July, be, and are hereby, reversed: And it is Declared, and Adjudged, That the Respondent Sharp is liable to the Appellants Maxwell and his Wife, for their Expences of the said Suit: And it is hereby further Ordered, That the said Lords of Session do cause the Expences and Damages of the said Appellants, in the said Suit, to be taxed and ascertained, according to the Regulations in Cases where Defendants are litigious; and the same, when so ascertained, to be forthwith paid to the said Appellants, by the said George Sharp.

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein Alexander Munro the Younger of Auchin bowie is Appellant, and Grizel Bruce is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday next; and that the Cause appointed for that Day be heard on the Monday following; and the other Causes removed in Course.

Adjourn.

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