House of Lords Journal Volume 22: February 1724

February 1724

DIE Mercurii, 5^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Countess of Warwick versus Edwards et Ux.

The Answer of Francis Edwards Esquire and the Lady Elizabeth his Wife, to the Petition and Appeal of Charlotte Countess Dowager of Warwick and Holland, and Charlotte Addison an Infant, was brought in Yesterday.

Dutchess of Marlborough versus Strongs.

And this Day the Answer of Edward Strong Senior and Edward Strong Junior, to the Petition and Appeal of Sarah Dutchess Dowager of Marlborough and others:

And also the Answer of Richard Turner and John Mark Gentlemen, to the Petition and Appeal of John Crookshanks Esquire;

Were brought in.

Lords take the Oaths.

This Day William Lord Viscount Hatton, Henry Lord Bishop of Hereford, and Richard Lord Bishop of St. David's, 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.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up the Transcripts of the Records upon Two Writs of Error; in One of which,

Dean and Chapten of Dublin versus Rogen, in Error.

The Dean and Chapter of the Cathedral Church of The Holy Trinity in Dublin, are Plaintiffs, and

The King Defendant:

And in the other,

Knight versus Winckworth.

Isaac Knight is Plaintiff, and Hugh Winckworth is Defendant.

Holt et al. versus Perkins.

Upon reading the Petition and Appeal of John Holt Esquire and the Lady Jane his Wife, and the Lady Lucy Wharton the Daughter of Thomas late Lord Marquis of Wharton, deceased; complaining of an Order of the High Court of Chancery, of the Two and Twentieth of January last, made on the Behalf of Hutton Perkins of Lincoln's Inn Gentleman; and praying, "That the same may be reversed."

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hutton Perkins may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the Nineteenth Day of this Instant February.

Lady Atkins et al. Petition referred to Judges.

Upon reading the Petition of Dame Rebecca Maria Atkins Widow, Relict, sole surviving Executrix, and sole surviving Trustee of the last Will and Testament, of her late Husband Sir Henry Atkins Baronet, deceased, and of Sir Henry Atkins Baronet, an Infant, only Son and Heir of the said Sir Henry Atkins deceased, by the said Dame Rebecca Maria, and of Sir John Stonhouse Baronet, Father of Dame Penelope Atkins, the Wife of Sir Henry Atkins; praying Leave to bring in a Bill, for settling and assuring several Manors, Lands, Tenements, and Hereditaments, in the Counties of Surrey, Bucks, and Northampton, according to the Intention of certain Articles of Agreement made between the Petitioners, 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 Mr. Baron Gilbert and Mr. Justice Raymond; 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.

Datchess Dowager of Marlborough et al versus Strongs.

The House being moved, on the Behalf of Sarah Dutchess Dowager of Marlborough and others, Appellants in a Cause depending in this House, to which Edward Strong Senior and Edward Strong Junior, are Respondents, "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 Tuesday the Third Day of March next, at Eleven a Clock.

Reeves Petition referred to Judge.

Upon reading the Petition of Pclsant Reeves Gentleman and Elizabeth his Wife (One of the Sisters of Edmond Feilde Esquire), and of Marmaduke Alington Esquire and Robert Crosse, their Trustees; praying Leave to bring in a Bill, for Sale of the Site of the Manor or Priory of Kersey, in the County of Suffolk, with the Premises thereunto belonging; and for laying out the Money arising by such Sale, and also the Sum of One Thousand Pound, agreed to be advanced by the Petitioner Pelsant, in the Purchase of Lands in Fee Simple, to be settled to the same Uses as are limited in the Settlement and Assignment in the Petition expressed; and for other 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 Mr. Baron Price and Mr. Baron Gilbert; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Blackborn et al. Petition referred to Judges.

Upon reading the Petition of John Blackburne, Thomas Seel, and Robert Hornby, Assignees of the Estate and Effects of John Percival late of Liverpool Merchant, against whom a Commission of Bankrupt hath issued, in Trust for themselves and other his Creditors, and of the said John Percivall and Margaret his Wife, Thomas Yates of Dernford in the County of Salop Gentleman, and Richard Percivall Son and Heir Apparent of the said John Percivall; praying Leave to bring in a Bill, to sell or mortgage the Manor and Demesne Lands called Allerton, in the County of Lancaster, for raising and paying the Debts compounded, or to be compounded for, to the several Creditors of the said John Percivall, and the Remainder to such other Uses as to this House shall seem meet:

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 Tracy and Mr. Justice Fortescue Aland; 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.

Kenne lies versus Mac Dowall.

The House being moved, "That George Gordon Gentleman may be permitted to enter into a Recognizance for Margaret, Agnes, Mary, Marion, and Jannet Kennedies, on account of their Appeal depending in this House, to which Alexander M^cDowall is Respondent; the Appellants residing in Scotland:"

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

Burk versus Lynch.

The House being also moved, "That Fargus Farrell Merchant may be permitted to enter into a Recognizance for Theobald Burke and others, on account of their Appeal, to which Thomas Lynch is Respondent; the Appellants residing in Ireland:"

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

Blake versus Sir Walter Blake et al.

The like Order, for the said Fargus Farrell to enter into a Recognizance for Thomas Blake Esquire, on account of his Appeal, to which Sir Walter Blake, Patrick French, and Walter Taylor, are Respondents, for a Reason of the same Nature.

Burke et Ux, versus O'Brien:

The like Order, for Edmund Nettervill Merchant, to enter into a Recognizance for Richard Burke and Elizabeth his Wife, on Account of their Appeal, to which Christopher O'Brien is Respondent, for a Reason of the same Nature.

Ivie versus Gilbert et al.

After hearing Counsel, in Part, upon the Petition and Appeal of John Ivie Esquire, Executor of his late Father Jonathan Ivie, deceased; complaining of a Decree of the Court of Chancery, in a Cause wherein the Appellant was Plaintiff, and John Gillbert Senior Esquire and others were Defendants:

It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow.

Andrews versus Powys.

Whereas To-morrow is appointed, for hearing the Cause wherein John Andrewes Senior Gentleman is Appellant, and Thomas Powys is Respondent:

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

Adjourn.

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

DIE Jovis, 6^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ivie versus Gilbert et al:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of John Ivie Esquire, Executor of his late Father Jonathan Ivie, deceased; complaining of a Decree of the High Court of Chancery, of the Thirteenth of April 1722, in a Cause wherein the Appellant was Plaintiff, and John Gilbert Senior Esquire and his Son John Gilbert Junior, and Daniel Pomeroy, were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said John Gilbert Senior, John Gilbert Junior, and Daniel Pomeroy, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

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 therein complained of be, and the same is hereby, affirmed.

Mr Merest and Mr. Wheake's Appointment, as Clerks, signified:

The Lord Chancellor acquainted the House, "That he is desired by Mr. Cowper, Clerk of the Parliaments, to inform their Lordships, That, the Office of Clerk Assistant having become vacant, the said Mr. Cowper hath appointed Mr. James Merest, the late Reading Clerk, to be Clerk Assistant, and Mr. John Wheake to be Reading Clerk."

Then,

Mr Reynell's Petition, to remain as a Clerk, referred to Committee of Privileges.

A Petition of Charles Reynell, was presented to the House, and read; setting forth, "That the Petitioner was, so long since as in the Second Year of His present Majesty, appointed Reading Clerk to this most Honourable House by Mr. Cowper, present Clerk of the Parliaments, and was lately turned out by him;" and praying, "That their Lordships will take the Petitioner's Case into Consideration; and so order, that he may, in some Capacity or other, still remain in their Lordships Service."

The same was, upon the Question, referred to the Consideration of the Lords Committees for Privileges.

Clerks and inferior Officers not to be displaced without Leave of the House.

Ordered, That the Clerks and inferior Officers attending this House shall not be at any Time suspended, or displaced from their Offices or Employments, without Leave of the House.

And a Motion being made, "That the said Order be declared to be a Standing Order:"

It is Ordered, That; on Monday Morning next, this House will take the said Motion into Consideration; and the Lords to be summoned.

Adjourn.

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

DIE Veneris, 7^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Holt & al. versus Perkins.

This Day the Answer of Hutton Perkins Gentleman, Respondent to the Petition and Appeal of John Holt Esquire and the Lady Jane his Wife, and the Lady Lucy Wharton, was brought in.

Andrews versus Powys.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of John Andrewes Senior, Gentleman; complaining of several Orders of the High Court of Chancery, in a Cause wherein Thomas Powys was Plaintiff, and the Appellant Defendant.

And the Appellant's Counsel having been fully heard; as also One of the Respondents:

They were directed to withdraw.

And it being proposed, "To adjourn the further Hearing the said Cause till To-morrow."

The same was objected to.

Then it being moved, "That the Counsel be now called in, and directed to proceed:"

The Question was put thereupon.

And it was Resolved in the Affirmative.

Accordingly the Counsel were again called in, and directed to proceed.

And the Respondent's Counsel having been fully heard;

And the Appellant's Counsel replied:

They were directed to withdraw.

And the following Order and Judgement was made:

Orders complained of affirmed.

"After hearing Counsel, upon the Petition and Appeal of John Andrewes Senior, Gentleman; complaining of several Orders of the High Court of Chancery, made the Eighteenth and Nineteenth of December, and the Fourteenth and Twentieth Days of January last, in a Cause wherein Thomas Powys was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said Thomas Powys put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said several Orders therein complained of be, and the same are hereby, affirmed."

Adjourn.

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

DIE Lunæ, 10^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Craythorne versus Taylor.

This Day the Answer of William Taylor, to the Petition and Appeal of Ralph Craythorne, was brought in.

Countess Dowager of Warwick versus Edwards & al.

The House being moved, on the Behalf of Francis Edwards, the Lady Elizabeth his Wife, and others, Respondents to the Petition and Appeal of Charlotte Countess Dowager of Warwick and Holland, and Charlotte Addison, an Infant, by the said Countess her Mother and next Friend, "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 Monday the Twentyfourth Day of this Instant February, at Eleven a Clock.

Sir J. Stonhous & al. Leave for a Bill.

Upon reading the Petition of Sir John Stonhouse Baronet, Lord of the Manor and Patron of the Parish Church of Sunningwell cum Bayworth, in the County of Berks, and the Reverend Mr. John Penyston Rector of the said Parish, Christopher Blower, Christopher Vines, Edward Hall, John Shreeve, Richard Stevenson, Thomas Ellis, and John Brookland, Freehold, Copyhold, and Leasehold Tenants of the said Manor; praying Leave to bring in a Bill, for enclosing the Common Fields and Commons of Suningwell cum Bayworth, in the said County of Berks; and to divide the same into Allotments and Proportions, according to each Person's Right therein:

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

Plunket's Pet. referred to Judges.

Upon reading the Petition of Mathew Plunkett, of Lowth Hall, in the County of Lowth, in the Kingdom of Ireland, Esquire; praying Leave to bring in a Bill, to enable the Petitioner to settle a Jointure, not exceeding Five Hundred Pounds per Annum, on Susanna his Wife; and to make such other Provision, out of his Estate in the said Kingdom, for her Support and Maintenance, in case she shall happen to survive the Petitioner, as to this House shall seem meet:

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 Denton and Mr. Justice Raymond; 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.

Mr. Pagett's Petition referred to Judges.

Upon reading the Petition of Thomas Pagett Esquire and Mary his Wife, for themselves and in the Behalf of Carolina Pagett an Infant, their only surviving Child; praying Leave to bring in a Bill, for reimbursing the Petitioner the Sum of Fifteen Hundred Pounds; and allowing him a further Sum of Two Thousand Five Hundred Pounds, out of the Sum of Fourteen Thousand Pounds, vested in Henry Earl of Uxbridge and Francis Lord Guilford, by virtue of an Act of the Seventh Year of His present Majesty's Reign, intituled, "An Act for vesting in Trustees a Moiety of divers Manors and Lands in Essex, belonging to Thomas Pagett Esquire and Mary his Wife; and to enable them to convey the same according to Articles for the Sale thereof:"

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 Tracy 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.

Reresby & Ux. versus Newland.

Upon reading the Petition of Thomas Newland Esquire, Respondent to the Petition and Appeal of Thomas Reresby Esquire and Mary his Wife; praying, "That the Hearing the said Cause, which stands appointed for Wednesday next, may be put off to a further Day, in regard the Petitioner's Counsel cannot then attend:"

And the House being informed, "That the Appellants have had Notice thereof, and consent to the Prayer of the said Petition:"

It is Ordered, That the Hearing the said Cause be adjourned till Friday next.

Commissioners forfeited Estates versus Lady Margaret Hamilton:

The Earl of Findlater reported from the Lords Committees to whom the Petition and Appeal of the Commissioners and Trustees appointed by His Majesty, pursuant to an Act of the last Session, for limiting the Times of Continuance of Commissioners for forfeited Estates, was referred; complaining of a Decree of the Court of Delegates in Scotland, made on the Behalf of the Lady Margaret Hamilton, Widow of the late Earl of Panmure: "That the Committee have perused the said Petition and Appeal; and find, that the same complains of a Decree of the Court of Delegates in Scotland, made the Fifteenth of November last: Their Lordships thereupon caused a Clause in an Act of the Sixth Year of His present Majesty, limiting the Time in which Appeals from the said Court of Delegates shall be presented to be read; and, in regard the said Appeal was not presented within the Time limited by the said Act; the Committee are of Opinion the same ought not to be further proceeded in."

Appeal rejected.

Which Report, being read Twice, was agreed to; and Ordered, That the said Appeal be rejected.

Order relating to Clerks and inferior Officers, declared a Standing Order.

The House (according to Order) proceeded to take into Consideration the Motion on Thursday last, for making the Order of this House, then made, in relation to the Clerks and inferior Officers, a Standing Order.

And the same being read, was declared to be a Standing Order of this House, and ordered to be entered on the Roll.

Mr. Lloyd's Pet. to His Majesty, claiming the Barony of Lumley, referred to Committee Privileges:

The Lord Viscount Townshend (by His Majesty's Command) presented to the House a Petition of Robert Lumley Lloyd, Rector of St. Paul's, Covent Gardon, with His Majesty's Reference thereupon.

Which was read, and is as follows; (videlicet),

"To the King's most Excellent Majesty.

"The humble Petition of Robert Lumley Lloyd, Rector of St. Paul's, Covent Garden;

"Sheweth,

"That Ralph de Lumley, in the Reign of Richard the Second, was summoned to Parliament, by Writ; and his Heirs in like Manner were summoned, and sat (fn. 1) the Parliaments held in the Reigns of the succeeding Kings, till the Reign of King James the First, when John Lord Lumley having, by several Conveyances, settled a very considerable Part of his Lands on Richard Lumley Esquire, Son of Roger, Son of Anthony Lumley, his Grandfather's Brother, Ancestor to the present Earl of Scarbrough, he settled the remaining Part of his Lands on Henry Lloyd, Son of Barbara his Sister and Heir; of which Lands your Petitioner, the Great Grandson and Heir of the said Henry, is now seised in Fee. And whereas a Barony created by Writ ennobles the Blood, and gives an Inheritance in Fee; and your Petitioner being Heir at Law to the said Ralph Lord Lumley;

"May it therefore please Your most Sacred Majesty, graciously to give Directions for a Writ to be issued, to summon Your Petitioner to the Upper House of Parliament.

"And he shall ever pray.

"Ralph Lord Lumley.

"John Lord Lumley.

"Thomas Lord Lumley.

"George Lord Lumley.

"Thomas Lumley Knight, died before his Father.

"Richard Lord Lumley.

"John Lord Lumley.

"George Lumley died before his Father.

"John Lord Lumley, without Issue.

"Jare Lumley, without Issue.

"Barbara Lumley married to Humphrey Lloyd.

"Splandian Lloyd without Issue.

"Henry Lloyd Second Son, my Great Grandfather.

"Henry Lloyd, my Grandfather.

"Henry Lloyd, my Father.

"Robert Lumley Lloyd."

The King's Reference of its.

"GEORGE R.

"We are graciously pleased to refer this Petition to the House of Peers, to examine the Petitioner's Claim and Title therein mentioned; and to certify Us how the same shall appear to them, with their Opinion thereupon.

"Given at Our Court at St. James's, the Eighth Day of February, 172¾, in the Tenth Year of Our Reign.

"By His Majesty's Command.

"Carteret."

E. Scarborough to be heard, by Counsel, concerning it.

Ordered, That the said Petition be referred to the Lords Committees for Privileges; and that their Lordships do meet on this Day Sevennight, to take the said Petition into Consideration; and that the Earl of Scarbrough be at Liberty to be heard, by his Counsel, before the said Committee; as may Counsel also be heard for the Petitioner at the same Time.

Rane versus Merret, in Error:

Whereas this Day was appointed, for hearing the Errors argued, upon the Writ of Error brought into this House the Eighteenth of May last, wherein Rene Ranc is Plaintiff, and Francis Merret is Defendant, in order to reverse a Judgement given in the Court of King's Bench, and also a Judgement given in the Exchequer Chamber, affirming the said Judgement for the Defendant in Error:

Judgement affirmed.

Counsel appearing for the Defendant; but no Counsel for the Plaintiff in Error, who made Default:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench, and the said Judgement given in the Exchequer Chamber, affirming the same, be, and are hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Rene Ranc do pay, or cause to be paid, to the said Francis Merret, the Sum of Twenty Pounds, for his Costs sustained by reason of the bringing the said Writ of Error.

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

"Et quia Cur. dicti Domini Regis hic, coram ipso Domino Rege in Parliamento suo, de Judic. suo, de & super Præmiss. reddend. nondum advisatur, Dies inde dat. est Partibus præd. coram Domino Rege, in Parliamento suo, usque Diem Lunæ, Decimum Diem Februarii extunc prox. sequent. ubicunque &c. de Judic. suo de & super Præmiss. ill. audiend. eo quod Cur. dicti Domini Regis in Parliamento suo inde nondum, &c.; ad quem Diem, coram Domino Rege in Parliamento suo apud Westm. ven. præd. Franc'us, per Attorn. suum præd.; super quo, vists & per Curiam Parliamenti præd. examinatis tam Record. & Process. præd. ac Judic. superinde reddit, ac Affirm. Judic. ill. (fn. 2) quam Causis pro Error. superinde assign.; cons. est per Curram Parliamenti præd. quod Judic. præd. in omnibus affirmetur, cum Viginti Libris solvi præsato Franc'o, pro Mis. & Custag. suis, Occasione Dilationis Executionis Judicii præd. Prætextu Prosecutionis præd. Brevis de Error.; ac quod Record. præd. remittatur in Cur. dicti Domini Regis, ad Executionem superinde prædicto Franc'o Merret fiend."

Dutchess Dowager of Marlborough & al. versus Strongs:

Whereas Tuesday the Third Day of March next is appointed, for hearing the Cause wherein Sarah Dutchess Dowager of Marlborough and others are Appellants, and Edward Strong Senior and Edward Strong Junior are Respondents:

And the House being this Day informed, "That the Respondents Counsel will be going the Circuit before that Time:"

Hearing appointed:

It is therefore Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Twenty-seventh Day of this Instant February, at Eleven a Clock.

Deputy Auditor to attend, with Privy Seal; and Respondents to produce Warrants.

Ordered, That the Deputy Auditor of the Receipt of His Majesty's Exchequer do attend this House, at the Hearing the said Cause, with His Majesty's Letters of Privy Seal, dated the Fourteenth of September One Thousand Seven Hundred and Fifteen, appointing Commissioners to state the Debt of Blenheim; and that the said Respondents do produce, at the said Hearing, a Warrant, dated the Twenty-third of May One Thousand Seven Hundred and Five, appointing Henry Joynes One of the Comptrollers of the Works of Blenheim; and another Warrant, dated the Twenty-fourth of September One Thousand Seven Hundred and Eight, appointing Tilleman Bobart another of the said Comptrollers.

Hodson's Nat. Bill.

The Lord Bishop of Bristol reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing William Hodshon and Francis Noguier," was committed: "That the Committee had gone through the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Holt et al. versus Perkins:

Notice being taken, "That, in the Appeal of John Holt Esquire, the Lady Jane his Wife, and the Lady Lucy Wharton, the Names of the Guardians of the said Lady Lucy are omitted:"

Appeal amended.

It is Ordered, That the said Appeal be amended, by inserting the Names of Evelyn Duke of Kingston Lord Privy Seal, and Charles Earl of Carlisle, Guardians of the said Lady Lucy Wharton.

The House being moved, on the Behalf of Hutton Perkins Gentleman, Respondent to the Petition and Appeal of John Holt Esquire and others, "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 Friday the Twentyeighth Day of this Instant February, at Eleven a Clock.

D. Wharton versus Harrison.

A Petition of Samuel Harrison, Defendant in a Writ of Error returnable in Parliament, wherein Philip Duke of Wharton is Plaintiff, was presented to the House, and read; praying, "That the said Plaintiff in Error may, within a Time to be limited, procure the said Writ of Error to be returned; or, in Default thereof, the Petitioner (notwithstanding the said Writ) may be at Liberty to proceed to have the Benefit of his said Judgement."

But the said Duke not being present:

It is Ordered, That the further Consideration of the said Petition be adjourned till To-morrow.

Moller's Nat. Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing John Gerbardt Moller:"

Mr. Horner's Pet. to be added to it.

A Petition of James Horner; praying to be added to the said Bill, was presented to the House, and read

And ordered to lie on the Table till the said Bill be read a Second Time.

Adjourn.

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

DIE Martis, 11^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Horner takes the Oaths.

James Horner took the Oaths appointed, in order to his Naturalization.

Goodall versus Coplestone.

This Day the Answer of Joseph Coplestone Esquire, to the Petition and Appeal of John Goodall Esquire was brought in.

D. Norfolk, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Thomas Duke of Norfolk Hereditary Earl Marshal of England 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.

Sunningwell Commons, to enclose, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enclose the Common Fields and Commons of Sunningwell cum Bayworth, in the County of Berks."

D. Wharton versus Harrison, in Error:

The House (according to Order) proceeded to take into further Consideration the Petition of Samuel Harrison, Defendant in a Writ of Error returnable in Parliament, wherein Philip Duke of Wharton is Plaintiff; praying, "That the said Plaintiff in Error may, within a Time to be limited, procure the said Writ of Error to be returned; or, in Default thereof, the Petitioner (notwithstanding the said Writ) may be at Liberty to proceed to have the Benefit of the said Judgement."

And the said Petition being read:

Pet. referred to Committee Privileges.

It is Ordered, That the Consideration thereof be referred to the Lords Committees for Privileges; and that their Lordships do meet on Monday next.

Craythorne versus Taylor:

The House being moved, on the Behalf of William Taylor, Respondent to the Petition and Appeal of Ralph Craythorne, "That a Day may be appointed, for hearing thereof:"

Hearing appointed.

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

Holt et al. versus Perkins.

The House being moved, "That Thomas Bayly of Chancery Lane Gentleman may be permitted to enter into a Recognizance for John Holt Esquire and others, on Account of their Appeal depending in this House, to which Hutton Perkins Gentleman is Respondent; the Appellants being in the Country:"

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

Goodall versus Copplestone:

The House being moved, on the Behalf of Joseph Coplestone Esquire, Respondent to the Petition and Appeal of John Goodall Esquire, "That a Day may be appointed, for hearing thereof:"

Hearing appointed.

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

D Norfolk's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Thomas Duke of Norfolk to make Leases for Sixty Years, of the Houses and Ground in Arundell Street, Norfolk Street, Howard Street, Surry Street, and other his Tenements and Estate, in the Parish of St. Clement's Danes, in the County of Middl'x."

Hodshon's Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing William Hodshon and Francis Noguier."

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. Lightboun and Mr. Conway:

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.

Moller's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Gerhardt Moller."

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.

Horner's Pet. referred to Committee.

Ordered, That the Petition of James Horner, praying to be added to the beforementioned Bill, which was Yesterday ordered to lie on the Table till the Second Reading thereof, be referred to the said Committee.

Adjourn.

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

DIE Veneris, 14^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mr. Lloyd's Pet. concerning the Barony of Lumley:

A Petition of Robert Lumley Lloyd, Rector of St. Paul's, Covent Garden, was presented to the House, and read; praying, "In regard he is afflicted with the Gout, and the Hurry of Business his Counsel are now in, that the Hearing the Matters in his Petition, referred to the Lords Committees for Privileges, to meet on Monday next, may be put off for some Time:"

Hearing adjourned.

It is Ordered, That the said Hearing be adjourned to Monday Fortnight.

Sir W. Hope versus Naun et al.

Upon reading the Petition and Appeal of Sir William Hope Baronet; complaining of an Interlocutor of the Lord Ordinary, the Fourth of December, and the Affirmances thereof by the Lords of Session in Scotland the Sixteenth and Twenty-ninth Days of January last, in a Cause wherein the Petitioner was Plaintiff, and Mr. John Nairn of Edinburgh and others, Creditors of Mr. George Campbell, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Nairn and others, Creditors of the said George Campbell, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Thirteenth Day of March next; and that Service of this Order on the Respondents Agents, or Writers, in the Court of Session in Scotland, be deemed good Service.

Mr. Bathurst & al Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Benjamin Bathurst of Battlesden in the County of Bedford Esquire, Finetta 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.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax in Great Britain, to be raised for the Service of the Year One Thousand Seven Hundred Twenty-four;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for Sale of the Estate late of Humphrey Whadcock, deceased, for discharging a Debt due to the Crown, and for Payment of such other his Debts as his Personal Estate will not extend to pay; and for settling the Residue of his Lands, conformable to his last Will;" to which they desire the Concurrence of this House.

Reresby & Ux. versus Newland:

After hearing Counsel, upon the Petition and Appeal of Thomas Reresby Esquire and Mary his Wife, the only Daughter and surviving Issue of Thomas Newland Esquire by Mary his late Wife; complaining of a Decree of Dismission of the High Court of Chancery, made the Twentieth of February last, in a Cause wherein the Appellants were Plaintiffs, and the said Thomas Newlana and others Defendants; and praying, "That the same, so far as relates to the Appellants Demand of the Portion of Three Thousand Pounds, and Interest thereof for the Appellant Mary, may be reversed; and that the said Portion, with Interest from the Death of Thomas Newland the Appellant Mary's Brother, may be forthwith raised and paid:" As also upon the Answer of the said Thomas Newland put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

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 so much of the said Decree as in the said Appeal is complained of be, and the same is hereby, affirmed.

Mordaunt and Lady Mohun versus Minthulis.

Upon reading the Petition and Appeal of Charles Mordaunt Esquire aud Elizabeth Lady Mohun his Wife, sole Executrix and Devisee of Charles Lord Mohun her late Husband, deceased; complaining of several Decrees made in the High Court of Chancery, the Thirteenth of June and Fourteenth of November One Thousand Six Hundred Eighty-seven, the Eighteenth of June and Nineteenth of November One Thousand Seven Hundred and Eleven, the Eleventh of December and Twenty fifth of January last, on the Behalf of Peter Minshull, Alice Minshull, and Jane Minshull; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Peter Minshull, Alice Minshull, and Jane Minshull, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Twenty-eighth Day of this Instant February.

D. Norfolk's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas Duke of Norfolk to make Leases for Sixty Years, of the Houses and Ground in Arundell Street, Norfolk Street, Howard Street, Surry Street, and other his Tenements and Estate, in the Parish of St. Clement's Danes, in the County of Middlesex."

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

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

Mr. Bathurst's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to vest in Trustees the Manors of Battlesden and Pottesgrave, and divers Lands and Hereditaments, in the County of Bedford, the Estate of Benjamin Bathurst Esquire, to the Intent that the same may be sold, in order to compleat a Purchase, by him made, of Lands in the County of Gloucester, to be settled to the same Uses."

Adjourn.

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

DIE Sabbati, 15^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mr. Bathurst's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to vest in Trustees the Manors of Battlesden and Pottesgrave, and divers Lands and Hereditaments in the County of Bedford, the Estate of Benjamin Bathurst Esquire, to the Intent that the same may be sold, in order to compleat a Purchase by him made, of Lands in the County of Gloucester, to be settled to the same Uses."

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

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

Mrs. Knight's Pet. referred to Judges.

Upon reading the Petition of Anne Knight, Widow of Jacob Knight Esquire, for and on the Behalf of her Son Charles Knight, an Infant of the Age of Five Years; praying Leave to bring in a Bill, to explain the Will of the said Jacob Knight; and that the said Charles may have the Benefit of Two Thousand Pounds, according to the Intention thereof; and that the Lands and Estates of which the Petitioner's said Husband died seised, in Fee Simple, may be subject to the Payment of the same, by virtue of the Covenant in the Petition mentioned, and to the immediate Payment of the Interest thereof, for the Support and Maintenance of him the said Charles:

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 Powys; 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.

Reeves & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Pelsant Reeves Gentleman, Elizabeth 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.

Land Tax Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax in Great Britain, to be raised for the Service of the Year One Thousand Seven Hundred Twenty-four."

Sunningwell Commons to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enclose the Common Fields and Commons of Suningwell cum Bayworth, in the County of Berks."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom Mr. Bathurst's Bill stands committed:

Their Lordships, or any Five of them, to meet on Monday the Twenty-fourth Day of this Instant February, at the same Place.

Bagenal & al. Petition referred to Judges.

Upon reading the Petition of Walter Bagenal Esquire, Nicholas Stapleton Esquire, Mabel Stapleton his Wife, and Mary Bagenal Spinster, an Infant, by the said Walter her Guardian; which said Mabel and Mary are the only Daughters and Coheirs of Ellinor Bagenal deceased, late Wife of the said Walter; praying Leave to bring in a Bill, for Sale of the Manors, Castles, Lands, and Hereditaments, of Bremore, Peirstown, Marshall, Dunboyne, and Drimna, in the Counties of Dublin and Meath, in the Kingdom of Ireland, the Inheritance of the said Ellinor, for Payment of Debts, and making a Provision for the Petitioners Mabel and Mary:

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 Tracy 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.

Moller's Nat. Bill.

The Earl of Yarmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Gerhardt Moller," was committed: That the Committee had gone through the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Reeves's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enabling Pelsant Reeves Gentleman to sell certain Leasehold Lands in Suffolk, settled upon his Marriage; and to purchase other Lands, to be settled to the same Uses."

Crookshanks versus Turner and Marke.

The House being moved, on the Behalf of John Crookshanks Esquire, Appellant in a Cause depending in this House, to which Richard Turner and John Marke are Respondents, "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 Eleventh Day of March next, at Eleven a Clock.

Adjourn.

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

DIE Lunæ, 17^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Countess Dowager of Warwick versus Edwards & al.

This Day the Answer of Hugh Earl of Cholmondeley and George Lord Newburgh, Two of the Respondents to the Petition and Appeal of Charlotte Countess Dowager of Warwick and Holland, and Charlotte Addison an Infant, by the said Countess her Mother and next Friend:

Munro and Mac Neill versus Mackenzie & al.

As also, the joint and several Answer of Kenneth M^ckenzie and others, to the Petition and Appeal of George Munro and Captain Donald M^cneil:

Were brought in.

Land Tax Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax in Great Britain, to be raised for the Service of the Year One Thousand Seven Hundred Twenty-four."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into the said Committee.

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

And the Earl of Yarmouth 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."

Whadcock's Bill referred to Judges.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Estate late of Humphrey Whadcock, deceased, for discharging a Debt due to the Crown; and for Payment of such other his Debts as his Personal Estate will not extend to pay; and for settling the Residue of his Lands, conformable to his last Will."

Upon the First Reading of the said Bill, it is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration thereof be, and is hereby, referred to Mr. Baron Price and Mr. Justice Denton; who are forthwith to summon all Parties that are to be concerned therein; and, after hearing them, and perusing a Copy of the Bill attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Moller's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Gerhardt Moller."

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. Kynnaston:

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.

Sir H. Bedingfield, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Sir Henry Bedingfeld Baronet 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.

Oxburgh Common to enclose, Bill.

Then, Hodie 1^a vice lecta est Billa, intituled, "An Act for draining, improving, and enclosing, the Common called Oxburgh Common, in the Parish of Oxburgh, in the County of Norfolk; and for other Purposes therein mentioned."

Message from H. C. to return Hodshon's Nat. Bill.

A Message was brought from the House of Commons, by Mr. Le Heup and others:

To return the Bill, intituled, "An Act for naturalizing William Hodshon and Francis Noguier;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Reeves's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling Pelsant Reeves Gentleman to sell certain Leasehold Lands in Suffolk, settled upon his Marriage; and to purchase other Lands, to be settled to the same Uses."

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

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

Brereton versus Cowper.

An Appeal of Thomas Brereton Esquire, was presented to the House; complaining of a Decree made in the Court of Exchequer at Chester, the Twenty-first of October last.

And the Appellant, attending, was called in; and examined, upon Oath, touching the Delay in making up and entering the said Decree, and as to the Time he received the same.

And being withdrawn, the following Order was made:

"Upon reading the Petition and Appeal of Thomas Brereton Esquire; complaining of a Decree made in the Court of Exchequer at Chester, the Twenty-first of October last, in a Cause there depending, wherein Thomas Cowper Esquire was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed with Costs:" It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Cowper may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Second Day of March next."

Adjourn:

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

DIE Martis, 18^o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Col. Charteris versus E. Hyndford.

This Day the Answer of James Earl of Hyndfoord, to the Petition and Appeal of Colonel Francis Charteris, was brought in.

Land Tax Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax in Great Britain, to be raised for the Service of the Year One Thousand Seven Hundred Twenty-four."

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. Conway and Mr. Eld:

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

Message from thence, to return Herman's Nat. Bill.

A Message was brought from the House of Commons, by Mr. Cornwall and others:

To return the Bill, intituled, "An Act for naturalizing John Herman Gentleman;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Oxburgh Common to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for draining, improving, and enclosing, the Common called Oxburgh Common, in the Parish of Oxburgh, in the County of Norfolk; and for other Purposes therein mentioned."

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

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

Paterson versus Ogilvie and Murray.

Upon reading the Petition and Appeal of Thomas Paterson Esquire; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, made the First Day of this Instant February, in a Cause wherein Mr. Archibald Ogilvie and Mr. Anthony Murray were Plaintiffs, and the Petitioner Defendant; and praying, "That such Part thereof as finds, "the Cause of the Bond craved to be reduced was the Petitioner's obligatory Note for transferring to the Pursuer Five Hundred Pounds Capital South Sea Stock, with the Midsummer Dividend; and that the Petitioner's Declaration of the special Facts do not qualify or prove that a Transfer was accordingly made, or that any Benefit did accrue to the Pursuer from the Five Hundred Pounds Stock, which ought to have been transferred;" and also such Part thereof as finds, "that the Contract not being performed ought to have been registered conform to the Act of Parliament; and that the Petitioner not having given a special Condescendence of any Stock in his Person, at the Date of the Bond, nor within Six Days thereafter, he is presumed to have had none," may be reversed, and the Petitioner relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Archibald Ogilvie and Anthony Murray may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Seventeenth Day of March next.

Lists of all Protections to be brought.

Ordered, That the Under Sheriffs of London and Middlesex, and the Secondaries of the Compters in London, as also the High Bailiff of the City and Liberty of Westminster, do, on Monday Morning next, attend this House, and bring with them all written Protections given by any Lord of this House, in their or any of their Custody or Power, if any such they have; and likewise an Account of what written Protections are entered in their respective Offices.

Message from H. C. to return Moller's Nat. Bill.

A Message was brought from the House of Commons, by Mr. Jacomb and others:

To return the Bill, intituled, "An Act for naturalizing John Gerhardt Moller;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

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; the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands to signify to the Commons, "That it is His Majesty's Pleasure, they attend Him immediately, in in this House."

Who being come, with their Speaker; he, after a short Introduction in relation to the Land Tax 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 Titles of the other Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for granting an Aid to His Majesty, by a Land Tax in Great Britain, to be raised for the Service of the Year One Thousand Seven Hundred Twenty-four."

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

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"2. An Act for naturalizing John Herman Gentleman."

"3. An Act for naturalizing William Hodshon, Francis Noguier, and others."

"4. An Act for naturalizing John Gerhardt Moller and James Horner."

To these Bills the Royal Assent was pronounced severally, in the Words following; (videlicet,)

"Soit fait comme il est desiré."

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

Adjourn.

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

DIE Lunæ, 24^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mordaunt and Ly. Mohun versus Minshulls.

The joint and several Answer of Peter Minshull, Alice Minshull, and Jane Minshull, to the Petition and Appeal of Charles Mordaunt Esquire and Elizabeth Lady Mohun his Wife, was brought in the Twenty-first Instant.

March. Dowager of Annandale versus Marq of Annandale & al.:

The House was informed, "That James Marquis of Annandale, John Baillie, and others, who, by Order of this House of the Twenty-first of January last, were required to put in their Answer or respective Answers to the Appeal of Charlotta Marchioness Dowager of Annandale by the Eighteenth Instant, have neglected to put in their Answers thereunto, though duly served with the said Order for that Purpose.'

And thereupon an Affidavit of the said Service, made by John Ross Writer in Edinburgh, being read:

To answer peremptorily.

It is Ordered, That the said Respondents do peremptorily put in their Answer, or respective Answers to the said Appeal, on or before Wednesday next.

Lists of Protections delivered.

The House being informed, "That the several Officers required by Order of this House, on Tuesday last, to bring in Lists of Protections entered in their respective Offices, attended:"

They were called in.

And Mr. Philip Jennings, Secondary of The Poultry Compter, delivered, at the Bar, a List of Persons protected by written Certificates, and entered in The Poultry Compter.

Also, Mr. Thomas Benson, Secondary of Woodstreet Compter, delivered in a List of the Names of Persons protected by written Certificates.

Likewise, Mr. John Marsh, Under Sheriff of Middlesex, delivered in a List of the Names of the several Persons protected by Virtue of written Certificates directed to the Sheriff of Middl'x, and by whom they are protected.

As also, William Morice Esquire, High Bailiff of the City and Liberty of Westminster, delivered in a List of the Names of Persons protected, whose written Certificates have been entered in the High Bailiff of Westminster's Office, and by whom protected.

And then the said several Officers withdrew.

Ordered, That the said Lists be taken into Consideration To-morrow Morning; and that the said Officers do then attend; and the Lords to be summoned.

E. Broadalbin versus E. Caithness:

A Petition of Alexander Hamilton Gentleman, Agent for John Earl of Broadalbin and others, Appellants in a Cause depending in this House, to which Alexander Earl of Caithnes is Respondent, was presented, and read; praying, "In regard Mr. Forbes, One of the Appellants Counsel, is not yet come to Town from Scotland, that the Hearing the said Cause, which stands appointed to be heard on Wednesday next, may be put off to the First free Day for Causes after those already appointed:"

And thereupon the Petitioner was called in; and examined, upon Oath, at the Bar.

And Mr. Alexander Ross, the Respondent's Agent, being likewise called in, and heard:

Hearing adjourned.

It is Ordered, That the Hearing the said Cause be adjourned till Friday the Thirteenth Day of March next, at Eleven a Clock.

Countess Dowager of Warwick, and Miss Addison, versus Edwards & al.;

After hearing Counsel, upon the Petition and Appeal of Charlotte Countess Dowager of Warwick and Holland, and Charlotte Addison, an Infant, by the said Countess her Mother and next Friend; complaining of a Decree of the High Court of Chancery, made the Sixteenth Day of July last, in certain Causes, wherein Francis Edwards Esquire and the Lady Elizabeth his Wife, Sister and Heir of Edward Earl of Warwick and Holland, and also Aunt and Heir of Edward Henry Earl of Warwick and Holland, were Plaintiffs; and the Appellants, and Hugh Earl of Cholmondeley and George Lord Newburgh, Trustees of Edward Earl of Warwick and Holland, were Defendants; and wherein the Appellants were Plaintiffs, and the said Francis Edwards and the Lady Elizabeth his Wife, and the said Earl of Cholmondeley and Lord Newburgh, were Defendants; and praying, "That the same may be reversed; and that the said Trustees may be decreed to assign over the Securities for Ten Thousand Pounds, and Interest, to or for the Benefit of the Appellants:" As also upon the Answers of the said Francis Edwards and Lady Elizabeth his Wife, Hugh Earl of Cholmondeley, and George Lord Newburgh, put into the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of be, and the same is hereby, affirmed.

Coulthurst & al. Petition referred to Judges.

Upon reading the Petition of Henry Coulthurst of Banke Newton in the County of York Esquire, William Coulthurst Gentleman his Son and Heir Apparent by Dorothy his late Wife, and of Thomas and John Coulthurst, Younger Sons of the said Henry Coulthurst by the said Dorothy; praying Leave to bring in a Bill, for vesting the Manor of Comston Cold, and other Lands and Tenements in the said County, in Trustees, to be sold, for Payment of a Debt of Five Hundred Pounds and Interest; and for disposing of the Residue of the Money that shall arise by the said Sale for the Advantage of the Petitioners:

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 Tracy and Mr. Justice Fortescue Aland; 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.

Bayne versus Commissioners of forfeited Estates.

A Petition and Appeal of Alexander Bayne Advocate, was presented to the House, and read; complaining of a Decree of the Court of Delegates in Scotland, made the Twenty-fourth Day of January last.

And thereupon the Clerk Assistant acquainting the House, "That the said Appeal was brought to him by the Appellant's Agent on Saturday last;" which Day was within the Time limited by the Act of the Sixth Year of His Majesty's Reign, for presenting Appeals from the Delegates;

The following Order was made:

"Upon reading the Petition and Appeal of Alexander Bayne Advocate; complaining of a Decree of the Court of Delegates in Scotland, made the Twentyfourth Day of January last, in a Cause wherein the Petitioner was Plaintiff, and the Commissioners and Trustees of the forfeited Estates, on the Behalf of the Public, were Defendants; 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 Commissioners and Trustees of the forfeited Estates may have a Copy of the said Appeal; and do put in their Answer thereunto, in Writing, on or before Monday the Twenty-third Day of March next; and that Service of this Order upon the Register of the said Trustees be deemed good Service."

Adjourn.

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

Die Mercurii, 22^o Aprilis, 1724, hitherto examined by us.

Say & Seale.
Hu. Bristol.
Jo. Norwich.

DIE Martis, 25^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mr. Lloyd's Claim to the Barony of Lumley; Orders for Records and Papers.

Ordered, That Mr. George Holmes, Deputy Keeper of the Records at The Tower, do attend the Lords Committees for Privileges, to whom the Petition of Robert Lumley Lloyd, Rector of St. Paul's, Covent Garden, relating to the Barony of Lumley, stands referred; and bring with him such Records in his Custody as may concern the Petitioner's Claim.

Likewise, that the Clerk of the Crown, and Clerk of the Treasury of the King's Bench, do also attend the said Committee, with the Records relating to the Attainder of George Lumley Esquire, in the Reign of King Henry the Eighth.

Also, That Mr. Farrant, belonging to the Prerogative-office, or other proper Officer, do attend the said Committee, with such Wills as may relate to the said Petitioner's Claim.

Ordered, That the said Committee, which was appointed to sit on Monday next, do meet on this Day Sevennight, to take the said Petition into Consideration; and that His Majesty's Attorney General have Notice thereof.

Col. Charteris versus E. Hyndford.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Colonel Francis Charteris is Appellant, and James Earl of Hyndfoord is Respondent:"

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

Mordaunt and Lady Mohun versus Minshulls.

The House being moved, on the Behalf of Peter Minshull, Alice and Jane Minshulls, Respondents to the Petition and Appeal of Charles Mordaunt Esquire and Elizabeth Lady Mohun his Wife, "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 Eighteenth Day of March next, at Eleven a Clock.

Trial and Admission of the Lords of Session, Bill.

The Lord Viscount Townshend presented to the House a Bill, intituled, "An Act for explaining the Law concerning the Trial and Admission of the Ordinary Lords of Session."

Then the said Bill was read the First Time.

And ordered to be read a Second Time on Thursday next come Sevennight, and the Lords to be summoned.

Lists of Protections considered.

The Order of the Day being read, for taking into Consideration the several Lists of Certificates of written Protections, delivered Yesterday, at the Bar, by the Secondaries of the Two Compters in London, the Under Sheriff of Middl'x, and the High Bailiff of Westminster, which are entered in their respective Offices:

And the said Officers, attending, were called in:

And the Standing Order of this House, of the Fifteenth of April 1712, in relation to written Protections, being read:

They were severally examined, as to their Knowledge of the said Order; as also touching the Manner or Method of their entering written Protections.

And then they were directed to withdraw.

And the following Order and Declaration was made:

Written Protections declared void, and none hereafter to be entered.

"Ordered and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That all the said written Protections are null and void; and all other Protections, which shall be at any Time hereafter given contrary to the said Standing Order, shall be taken to be null and void; and that no Sheriff, Under Sheriff, Deputy Sheriff, Secondary, or other Officer, whose Duty it is to issue any legal Process, or to execute the same, or cause the same to be executed, shall receive, or allow, or have any Regard to, or make any Entry in his Office of, any written Protection, which is or shall be signed, or pretended to be signed, by any Lord of this House: But that nothing herein contained shall be understood in any sort to derogate from the ancient Privilege of the Lords of Parliament, with respect to their menial Servants, and those of their Family; as also those employed necessarily and properly about their Estates, as well as their Persons; or to expose to Arrests those who are really Servants to them as aforesaid."

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

Ordered, That on Saturday next this House will take the said Motion into Consideration; and the Lords to be summoned; and the several Officers who attended this Day then again to attend.

Ld. Visc Falmouth's Privilege:

Complaint being made to the House, and Oath made at the Bar, "That Samuel Ennys of Truroe in Cornwall Esquire, with Persons assisting him, did pull down certain Dams and Head-wears on the River of Blackwater, in the said County, belonging to Hugh Lord Viscount Falmouth, on the Twenty-ninth Day of May last, and thereby divert the Waters from driving certain Stamping Mills or Engines of his Lordship, to his very great Damage, and in Breach of the Privilege of this House:"

Ennys to be attached, for pulling down Dam-heads, &c.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Samuel Ennys, and bring him to this House, to answer the Matter of the said Complaint; and this shall be a sufficient Warrant on that Behalf.

To Francis Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Conyers and others:

With a Bill, intituled, "An Act for repairing and amending the Highways, from the North Part of Harlow Bush Common, in the Parish of Harlow, to Woodford, in the County of Essex;" to which they desire the Concurrence of this House.

Mr. Lloyd, for Writs, &c. touching his Claim to the Barony of Lumley.

Upon reading the Petition of Robert Lumley Lloyd, Rector of St. Paul's, Covent Garden; praying, "That the several Officers in whose Custody the several Writs of Summons are, whereby the former Lord Lumleys have been summoned to Parliament in former Reigns, either in The Tower, or in the Chapel of The Rolls, may attend, with such Writs; and that the Heralds Books wherein the Visitation of Surrey was taken in 1623, and the Letters Patents by which the same was taken, may be brought; as also such other Records and Evidences as the Petitioner shall be advised are needful, to prove the several Allegations in his Petition relating to the Barony of Lumley, referred to the Lords Committees for Privileges:"

It is Ordered, That the several Officers in whose Custody the said Records, Books, and Evidences are, do attend the said Committee therewith, according to the Prayer of the said Petition.

Howe & Ux. Petition referred to Judges.

Upon reading the Petition of John Howe of Stowell in the County of Gloucester Esquire and Dorothy his Wife, for themselves, and in Behalf of John Thynn Howe, Henry Frederick Howe, Thomas, Charles, James, William, Mary, and Anne Howe, their Children, all Infants under the Age of One and Twenty Years; praying Leave to bring in a Bill, for discharging divers Lands and Hereditaments, in the County of York, from the Uses in the Petitioners Marriage Settlement; and settling an Estate since purchased, in the County of Gloucester, to the same Uses, as an Equivalent, and in Lieu thereof:

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 Gilbert; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Hamilton versus Hamilton:

The House was informed, "That James Hamilton and others, who, by Order of this House of the Fifteenth of January last, were required to put in their Answer or respective Answers to the Appeal of James Hamilton of Dalzell Esquire, on or before the Twelfth Day of this Instant February, have neglected to put in their Answers thereunto, though duly served with the said Order for that Purpose."

And thereupon Affidavits of the said Service, made by James Hendrey and John Dun, being read:

To answer peremptorily.

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal by this Day Sevennight.

Murray versus Representatives of Sir G. Maxwell.

The House was informed, "That the Representatives of Sir George Maxwell and his Creditors, who, by Order of this House of the Twenty-first of January last, were required to put in their Answer or respective Answers to the Appeal of Alexander Murray of Broughtoun Esquire, on or before the Eighteenth Day of this Instant February, have neglected to put in their Answers thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit of the said Service, made by Edward M^cCulloch Writer in Edinburgh, being read:

To answer peremptorily.

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, by this Day Sevennight.

Sir G. Palmer & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Sir Geffrey Palmer Baronet, Dame Elizabeth his Wife, Robert Palmer, and Thomas Palmer Esquires, 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.

Bill read.

Then, Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Sir Geffrey Palmer Baronet and Robert Palmer Esquire, and the Survivor of them, together with Thomas Palmer Esquire, to convey and settle several Manors and Lands, in the Counties of Leicester, Northampton, and Lincoln."

Crookshanks versus Turner and Mark:

Upon reading the Petition of John Crookshanks Esquire, Appellant in a Cause depending in this House, to which Richard Turner and John Mark are Respondents; setting forth, "That, upon hearing the said Cause in the Court of Chancery, the said Respondents produced Four Books, marked A. B. C. E.; and Mr. David Mitchell produced a Book belonging to him, marked D.; and also a First Subscription Receipt, now in Custody of the Directors of the South Sea Company, N^o 268;" and praying, "That the said Respondents, Mr. David Mitchell, and the Directors of the South Sea Company, may produce the said several Books and Papers at the Hearing the said Cause in this House:"

Books to be produced.

It is Ordered, That the said Books and Subscription Receipt be produced at the said Hearing, according to the Prayer of the said Petition.

Appleton & al. Petition referred to Judges.

Upon reading the Petition of Joshua Appleton Gentleman, a Lunatic, by Anne Trigge his Sister and Committee, and of the said Anne Trigge and John Yorke Gentleman; praying Leave to bring in a Bill, for making effectual a Decree of the Court of Chancery, touching the Sale of certain Freehold and Copyhold Estates, in the Counties of Suffolk and Essex, for the Benefit of the Petitioners:

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. Baron Gilbert; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Knight versus Winckworth.

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error, depending in this House, wherein Isaac Knight is Plaintiff, and Hugh Winckworth Defendant:"

Errors to be argued.

It is Ordered, That this House will hear the said Errors argued by Counsel, on both Sides, at the Bar, on Friday the Twentieth Day of March next, at Eleven a Clock.

Adjourn.

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

DIE Jovis, 27^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marchioness Dowager of Annandale versus Marq. of Annandale & al.

The Answer of James Marquis of Annandale, to the Petition and Appeal of Charlotta Marchioness Dowager of Annandale:

As also, the Answer of John Baillie, Francis Holliday, Thomas Sharp, Sir John Inglis, and others, Creditors of William late Marquis of Annandale, Respondents to the said Appeal;

Were brought in.

E. of Clarendon and Rochester takes his Seat.

This Day Henry Earl of Clarendon and Rochester sat first in Parliament by the former of those Titles, upon the Death of his Uncle Edward Earl of Clarendon; and 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.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up the Transcripts of the Records upon Two Writs of Error; in one of which,

Dean of Dublin versus the Archbishop, in Error.

The Dean of the Cathedral Church of The Holy Trinity in Dublin is Plaintiff, and the Archbishop of Dublin Defendant.

Budgell versus Martin, in Error.

And in the other, Eustace Budgell Esquire is Plaintiff, and Elizabeth Martin Defendant.

Marchioness Dowager of Annandale versus Marq. Annandale & al.

The House being moved, "That a Day be appointed, for hearing the Cause wherein Charlotta Marchioness Dowager of Annandale is Appellant, and James Marquis of Annandale, John Baillie, Francis Holliday, Thomas Sharp, Sir John Inglis, and others, Creditors of William late Marquis of Annandale, are Respondents:"

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

Munro and M^cNeil versus Mackenzie & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Munro and Captain Donald M^cNeill are Appellants, and Kenneth Mackenzie and others are Respondents:"

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

D. Dowager of Marlborough & al. versus Strongs.

After hearing Counsel, in Part, upon the Petition and Appeal of Sarah Dutchess Dowager of Marlborough and others; complaining of several Orders of the Court of Exchequer, in a Cause wherein Edward Strong Senior and Edward Strong Junior were Complainants, and the Appellant and others Defendants:

It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow, at Eleven a Clock.

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein John Holt Esquire, the Lady Jane his Wife, and others, are Appellants, and Hutton Perkins Gentleman is Respondent:

It is Ordered, That the Hearing the said Cause be adjourned to Wednesday next; and that the other Causes appointed on Cause-days be removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, vicesimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 28^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D Dowager of Marlborough & al. versus Strongs:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Sarah Dutchess Dowager of Marlborough, Francis Earl Godolphin, William Clayton, William Guidott, and John Hanbury, Esquires, the only acting Executors of John late Duke of Marlborough; complaining of an Order made by the Court of Exchequer, the Seventeenth Day of June last, upon arguing the Exceptions taken by the said Duke to the Report made by the Deputy Remembrancer of the said Court, in a Cause there depending, wherein Edward Strong Senior and Edward Strong Junior were Plaintiffs, and the said late Duke of Marlborough Defendant, whereby the First and Second of the said Exceptions are over-ruled; and of Two other Orders made by the same Court, the Twentieth of the same June and the Fourteenth of November last, upon arguing the said Duke's Third Exception to the said Report; by the former of which last-mentioned Orders, the said Deputy is directed to compute the Interestmoney of the several Principal Sums by the said Report certified to be due to the Respondents, from the respective Times the same became due in the Year 1710, and also from the Ninth of January 1715; and by the latter of the said Orders, the said Deputy is directed to compute Interest, at Five Pounds per Centum, on the Two Bills of measured Work, from the Ninth of January aforesaid: And the Appellants insisting, by their Appeal, "That the said Court of Exchequer ought to have allowed the same Exceptions, and not to have over-ruled any of them, or directed Interest to be computed upon the several Bills for Stone delivered and Work done, or any of them;" and therefore praying, "That the said several Orders may be reversed:" As also upon the Answer of the said Edward Strong Senior and Edward Strong Junior put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Orders reversed, and Directions given.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Orders of the said Court of Exchequer complained of in the said Appeal be, and are hereby, reversed.

And this House being of Opinion, "That the Four Bills in Question, for Burford Stone delivered, and Work done at Blenheim, ought not to be taken as stated Accompts, within the Meaning of the Decree in the said Cause:"

It is therefore hereby further Ordered, That the Parties do forthwith go to an open Accompt, touching the Particulars contained in the said Four Bills, and any Satisfaction received for the same, or any Part thereof: And the said Court of Exchequer is to cause an Accompt to be taken accordingly; in taking whereof, the said Deputy Remembrancer is to examine into the Truth and Reality of the said Particulars, and into the Rates and Prices thereof, whether such Rates and Prices are agreeable to the Contracts made by Sir John Vanbrugh, or the Persons appointed by the late Earl Godolphin for that Purpose, as to such Part of the said Particulars as fall within such Contracts; and as to such Part as do not fall within the said Contracts, whether the same be reasonable: And likewise the said Deputy is to see whether the said Particulars, or any of them, were comprized in any other Bills of Work, or Materials, which have been paid off and discharged; and what shall be found to remain due, and unsatisfied, to the Respondents, the Appellants are to pay: And, for the better taking the said Accompt, the said Court is to cause the Parties to be examined upon Interrogatories, so far as shall be necessary, touching the Matter of the said Accompt, and for the Discovery of all Accompts, Books, Vouchers, Papers, and Writings, touching or relating to the said Buildings at Blenheim, and any Money paid, or Satisfaction given, for or upon accompt of the same; and to compel the respective Parties, in this Cause, to produce, upon Oath, before the said Deputy Remembrancer, all such of the said Accompts, Books, Vouchers, Papers, and Writings, as are in their or any of their respective Custody or Power; and that the said Court of Exchequer do give such further Directions, pursuant to this Order, as shall be just.

Ly. Gray versus Callender.

This Day the Answer of Edward Callender Writer in Edinburgh, to the Petition and Appeal of Dame Esther Gray, Widow and Executrix of Sir James Gray Baronet, deceased:

Kennedies versus M^cDowall.

As also, the Answer of Alexander M^cDowall of Garthland Esquire, to the Petition and Appeal of the Heirs of John Kennedy of Glenour deceased;

Were brought in.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, vicesimum nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 29^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sunningwell Commons, to enclose, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act to enclose the Common Fields and Commons of Suningwell cum Bayworth, in the County of Berks," was committed: "That they had gone through the said Bill; and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Essex Highways, to repair, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing and amending the Highways, from the North Part of Harlow Bush Common, in the Parish of Harlow, to Woodford, in the County of Essex."

Bathurst's Bill.

The Earl of Strafford reported from the Lords Committees to whom the Bill, intituled, "An Act to vest in Trustees the Manors of Battlesden and Pottesgrave, and divers Lands and Hereditaments, in the County of Bedford, the Estate of Benjamin Bathurst Esquire, to the Intent that the same may be sold, in order to complete a Purchase by him made of Lands, in the County of Gloucester, 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.

Pagett, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Thomas Pagett Esquire and Mary his Wife, for themselves, and in the Behalf of Carolina Pagett an Infant, their only surviving Child, 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 Report.

Then, Hodie 1^a vice lecta est Billa, intituled, "An Act for reimbursing to Thomas Pagett Esquire, out of Fourteen Thousand Pounds vested in Trustees by an Act of Parliament for Sale of his Wife's Estate in the County of Essex, the Sum of Fifteen Hundred Pounds, abated to the Purchaser, and answered out of the proper Monies of the said Thomas Pagett."

D. of Norfolk's Bill.

The Earl of Yarmouth reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Thomas Duke of Norsolk to make Leases for Sixty Years, of the Houses and Ground in Arundell-Street, Norfolk-Street, Howard-Street, Surrey-Street, and other his Tenements and Estate, in the Parish of St. Clement's Danes, in the County of Middlesex," 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 One Amendment thereunto."

Which was read Twice, and agreed to.

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

Order relating to Protections, declared a Standing Order; and to be printed.

The House (according to Order) proceeded to take into Consideration the Motion on Tuesday last, for making the Order and Declaration of this House then made, in relation to Protections, a Standing Order.

And the same, being read, was declared to be a Standing Order of this House; and ordered to be entered on the Roll, and to be forthwith printed and published, and affixed on the Doors belonging to this House and Westminster Hall, to the End all Persons may the better take Notice of the same.

Lv. Thompson & al. versus Hathorn & al:

Whereas Friday next is appointed, for hearing the Cause wherein Dame Marjory Thompson Widow and others are Appellants, and Hugh Hathorn and others are Respondents:

The House being moved, "That the said Hearing may be adjourned for some Time, in regard the Parties are treating in order to an Agreement:"

And thereupon Mr. Alexander Hamilton and Mr. Patrick M^cDowall, Agents in the said Cause, were called in.

And, at the Bar, severally consenting thereto on the Behalf of their respective Chents;

And being withdrawn:

Hearing adjourned.

It is Ordered, That the Hearing the said Cause be adjourned till Monday the Thirteenth Day of April next.

Knight, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Anne Knight Widow, for and on the Behalf of her Son Charles Knight, an Infant, 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.

Bagenal & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Walter Bagenal Esquire, Nicholas Stapleton Esquire, 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 G. Palmer's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Sir Geffrey Palmer Baronet and Robert Palmer Esquire, and the Survivor of them, together with Thomas Palmer Esquire, to convey and settle several Manors and Lands, in the Counties of Leicester, Northampton, and Lincoln."

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

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

Ly. Gray versus Callender.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Dame Esther Gray, Widow and Executrix of Sir James Gray Baronet, her late Husband, deceased, is Appellant, and Edward Callender Respondent:"

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

Knight's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for explaining the Will of Jacob Knight Esquire, deceased; and charging his Fee Simple Estates with Two Thousand Pounds, and Interest, for the Portion of his Youngest Son Charles Knight."

Rigge versus Baillie.

Upon reading the Petition and Appeal of Thomas Rigge of Morton Esquire; complaining of an Interlocutory Order of the Lords of Session in Scotland, of the Twenty-third of December 1721, and of Part of an Interlocutor of the Twenty-ninth of January last, and Eleventh of this Instant February, in a Cause wherein the Petitioner was Plaintiff, and Hugh Baillie Gentleman Defendant; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hugh Baillie may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Saturday the Twenty-eighth Day of March next; and that Service of this Order on the Respondent's Agent or Writer in the Court of Session in Scotland be deemed good Service.

Ly. Atkins & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Dame Rebecca Maria Atkins Widow, 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.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to settle the Estate of Sir Henry Atkins Baronet, according to the Intention of Articles made before his Marriage with Dame Penelope his Wife, Daughter of Sir John Stonhouse Baronet."

Whadcock's Bill.

After reading, and considering, the Report of the Judges to whom the Bill, intituled, "An Act for Sale of the Estate late of Humphrey Whadcock deceased, for discharging a Debt due to the Crown; and for Payment of such other his Debts as his Personal Estate will not extend to pay, and for settling the Residue of his Lands conformable to his last Will," was referred.

The said Bill was read a Second Time.

And ordered to be committed to the Consideration of the same Lords Committees to whom Sir Geffrey Palmer's Bill stands committed:

Their Lordships, or any Five of them; to meet also on Monday the Sixteenth Day of March next, at the same Place; and to adjourn as they please.

Bagenall's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Estates of Walter Bagenal Esquire and his Two Daughters, in the Counties of Dublin and Meath, in the Kingdom of Ireland, in Trustees, to be sold, for Payment of the Debts charged thereupon, and raising Portions for the said Daughters."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, tertium diem Martii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.