House of Lords Journal Volume 22: January 1725

January 1725

DIE Lunæ, 11^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

L. C. Justice of the Court of Common Pleas Speaker, by Commission.

The Lord President signified in the House, "That His Majesty had been pleased to grant a Commission under the Great Seal, to Sir Peter King Knight, Chief Justice of the Court of Common Pleas, to supply the Room and Place of Lord Chancellor, or Lord Keeper of the Great Seal, in this House."

Whereupon the said Commission was read, by the Clerk, as follows:

"George, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To Our Right Trusty and Well-beloved Counsellor Sir Peter King Knight, Chief Justice of Our Court of Common Pleas, Greeting. Know ye, that We, trusting in your approved Fidelity, Wisdom, and Discretion, have constituted, named, and appointed, and by these Presents do constitute, name, and authorize you, from Time to Time, during Our Pleasure, to use, occupy, and supply, the Room and Place of the Lord Chancellor, or Lord Keeper of Our Great Seal of Great Britain, in Our Upper House of Parliament, amongst the Lords Spiritual and Temporal there assembled; and then and there to do and execute all such Things as the said Lord Chancellor, or Lord Keeper of our Great Seal, should or might in that Behalf do if he were there personally present, using and supplying the same Room. Wherefore We will and command you the said Sir Peter King to attend and execute the Premises with Effect: And these Our Letters Patents shall be your sufficient Warrant and Discharge for the same, in every Behalf. In Witness whereof, We have caused these Our Letters to be made Patents.

"Witness Ourself, at Westminster, the Eighth Day of January, in the Eleventh Year of Our Reign.

"Per ipsum Regem.

"Wrighte."

And then the said Lord Chief Justice was called upon, by the Lords, to his Place upon the Woolsack; and their Lordships appointed the Mace to be laid thereupon, and carried before him.

PRAYERS.

Bickford versus Hoblyn & al.

The Answer of Robert Hoblyn the Infant, Sir William Pendarves Knight and Dame Penelope his Wife, also the Answer of Charles Holt Esquire and Martha his Wife, to the Appeal of William Bickford and Damaris his Wife:

L. and Ly. Paget versus D. of Bridgewater.

Also the Answer of Scroop Duke of Bridgewater to the Appeal of the Honourable Thomas Catesby Pagett Esquire, commonly called Lord Pagett, and the Lady Elizabeth his Wife.

Sir J. Napier versus L. and Ly. Effingham.

As also, the Answer of the Right Honourable Thomas Lord Howard Baron Howard of Effingham and Elizabeth Lady Effingham his Wife to the Appeal of Sir John Napier Baronet, an Infant, by his next Friend;

Were this Day brought in.

Ly. Banastre's Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in Trustees the Manors of Hasilton and Turkdean, in the County of Glocester, late the Estate of Sir William Banastre Knight, deceased, to be sold, for Payment of his Debts, and for making Provision for his Daughters and Coheirs, pursuant to their several Marriage Articles, and for other Purposes in the said Act mentioned," was committed: "That they had considered of 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.

Spateman, to enter into Recognizance for L and Ly. Paget.

The House being moved, "That Mr. Michael Spateman may be permitted to enter into a Recognizance for the Honourable Thomas Catesby Pagett Esquire, commonly called Lord Pagett, and the Lady Elizabeth his Wife, on account of their Appeal depending in this House, to which Scroop Duke of Bridgewater and John Peirce Gentleman are Respondents, the Appellant being in the Country; and, in regard the Respondent Peirce is above One Hundred Miles off, that Service of their Lordships Order, for putting in his Answer to the said Appeal, on his Clerk in Court, may be deemed good Service:"

It is Ordered, That the said Michael Spateman may enter into a Recognizance for the said Appellants; and that Service of the Order of this House, for the Respondent Peirce to put in his Answer to the said Appeal, on his Clerk in the Court of Chancery, be deemed good Service.

Perry versus Boswell, Appeal delivered to the Clerk received.

The House was informed, "That an Appeal of John Perry, complaining of a Decree of the Court of Chancery, the Thirty-first of October last, made on the Behalf of William Boswell, was left with the Clerk, at the Parliament-office within the Time limited by the Standing Order of this House for presenting Appeals."

And thereupon John Andrews being called in; and attesting, upon Oath, at the Bar, "That the Decree complained of was not entered till the Fourteenth of last Month:"

And the Clerk Assistant acquainting the House, That the said Appeal was brought and left at the Parliament-office the Twenty-eighth of the same Month:"

The said Andrews was directed to withdraw.

And the same being read, the usual Order for answering was made thereupon; which is as follows:

"Upon reading the Petition and Appeal of John Perry; complaining of a Decree of the Court of Chancery, made the Thirty-first of October last, in a Cause wherein William Boswell was Plaintiff, and the Petitioner and Humphrey Parsons Esquire were Defendants; and praying, "That the same may be reversed, and set aside, and the Petitioner relieved:" It is Ordered, That the said William Boswell 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 Twenty-fifth Day of this Instant January."

Paterson versus Cockburn:

After hearing Counsel, upon the Petition and Appeal of Thomas Paterson Esquire; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Twenty-fourth and Twenty-sixth of December 1723 and the Sixteenth of January and Nineteenth of February last, in a Cause wherein the Appellant was Plaintiff, and Charles Cockburn Esquire Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said Charles Cockburn put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interloectors 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 several Interlocutory Sentences therein complained of be, and the same are hereby, affirmed.

E. of Oxford takes his Seat.

Edward Earl of Oxford and Earl Mortimer sat first in Parliament, after the Death of his Father Robert Earl of Oxford and Earl Mortimer.

Lords take the Oaths.

And his Lordship, together with Stephen Lord Bishop of Exeter and Robert Lord Bishop of Landaff, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Young's Pet. to receive Appeal.

A Petition of Mary Young, Widow and Relict of Bartholomew Young Esquire, deceased, and of Arthur Young Clerk, Executor of the last Will of the said Bartholomew Young, was presented to the House, and read; praying, "That an Appeal from a Decree of the Court of Chancery, made the Twenty-fifth of April 1723, may be now received, in regard the Suit in that Court was revived against the Petitioners but very lately:"

And thereupon John Sharp was called in; and examined upon Oath, at the Bar, as to the Time the Petitioners were served with the Order of Revivor.

And it appearing, the same was not served till the Fifteenth of last Month:

The said Sharp was directed to withdraw.

And the said Appeal was ordered to be received.

And the same being read, the usual Order for answering was made thereupon; which is as follows:

Young versus Burdet & al.

"Upon reading the Petition and Appeal of Mary Young, Widow of Bartholomew Young Esquire her late Husband, deceased, and Executrix of the last Will of Thomas Sutton her former Husband, deceased; and Arthur Young Clerk, Executor of the last Will and Testament of the said Bartholomew Young Esquire; complaining of Two Decrees of the Court of Chancery, of the Third of November 1722 and Twentyfifth of April 1723, in a Cause wherein William Burdet and Frances his Wife were Plaintiffs, and the said Bartholomew Young the Petitioner, Mary his Wife, and John Sutton, were Defendants; and praying, "That so much of the said Decree of the Third of November 1722 as gives the Petitioner Mary no Relief on account of her Husband's being a Freeman of the City of London, and also that the said Decree of the Twenty-fifth of April 1723 may be reversed:" It is Ordered, That the said William Burdet and Frances his Wife and John Sutton 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 Monday the Twentyfifth Day of this Instant January."

L. St. John's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Lord St. John to settle a Jointure on such Woman as he shall marry; and to make Provision for the Daughters and Younger Children of such Marriage, out of the Estate devised to him by the Will of William Lord St. John, deceased."

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 Twenty-fifth Day of this Instant January, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

L. St. George versus Martin.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Lord St. George and Henry Sullevane are Appellants, and Richard Martin Esquire is Respondent:"

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

Stone versus E. of Anglesey & al.

Upon reading the Petition and Appeal of Richard Stone Esquire; complaining of a Decree of the Court of Chancery in Ireland, of the Fourteenth of November last, in a Cause wherein the Petitioner was Plaintiff, and Arthur Earl of Anglesey, Arthur Lord Altham, Richard Bayly and Charles Annesley Esquires, were Defendants; and praying, "That the same may be reversed, and the Petitioner quieted in the Possession of the Woods in Question; and other Relief in the Premises:"

It is Ordered, That the said Earl of Anglesey and the other Defendants may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Fifteenth Day of February next; and that Service of this Order on the Respondents Clerk or Clerks in the said Court of Chancery in Ireland be deemed good Service.

Putland versus Sir W. Burrowes.

Upon reading the Petition and Appeal of John Putland, a Minor under the Age of Twenty-one Years, Eldest Son and Heir of Thomas Putland Junior, late of the City of Dublin, Merchant, deceased, by Jane Putland Widow, his Mother and next Friend, and of the said Jane Putland and Richard Helsham Doctor of Physic, Executors of the last Will and Testament of the said Thomas Putland; complaining of an Order, or Decree, of the Court of Chancery in Ireland, of the Fourth of December last, made on the Behalf of Sir Walter Burrows; and praying, "That the same may be reversed; and that the Order made the Twentieth of January 1719, for re-hearing the said Cause, on the Decree made the Twenty-third of February 1718, may be set aside; and that, according to the Prayer of the Petitioners Bill, the Master may proceed to state the Accompt on the Mortgage; and that the said Sir Walter Burrows may be ordered to pay what shall be reported to be due thereon by a Day certain; or that the said Sir Walter's Right or Equity of Redemption in the mortgaged Premises may be for ever foreclosed:"

It is Ordered, That the said Sir Walter Burrows 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 Fifteenth Day of February next; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery in Ireland be deemed good Service.

Bauman versus Chambre.

Upon reading the Petition and Appeal of John Bauman Gentleman; complaining of a Decree of the Court of Exchequer in Ireland of the Ninth of June, and an Order of the said Court of the Twentieth of November last, in certain Causes, wherein the Petitioner was Plaintiff, and Calcott Chambre Defendant; et è contra; and praying, "That the same may be reversed, and the Petitioner quieted in the Possession of the Premises; and that the Reversion may be sold, for the Purposes directed by the Testator's Will; and that the Petitioner may have his Costs in both Causes; and that the said Chambre's Cross Bill may be dismissed, with Costs:"

It is Ordered, That the said Calcolt Chambre 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 Fifteenth Day of February next; and that Service of this Order on the Respondent's Agent or Attorney in the said Court of Exchequer in Ireland be deemed good Service.

L. Archibald Hamilton, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, 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 confirm and establish Articles of Agreement between Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, of the one Part, and George Parker Esquire, commonly called Lord Parker, and other Trustees of a Charity therein mentioned, of the other Part, for exchanging certain Lands, in the County of Berks, belonging to the said Charity, for other Lands, of a greater Value."

Fleetwood & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Edward Fletewood Esquire and Sarah 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.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Richard Fletewood, late of Rossall, in the County of Lancaster, Esquire, deceased, in Trustees, to be sold, for Payment of his Debts and Legacies."

Bickford to enter into Recognizance for W. Bickford.

The House being moved, "That Edmund Bickford of The Middle Temple Esquire may be permitted to enter into a Recognizance for William Bickford Esquire and Damaris his Wife, on account of their Appeal depending in this House, to which Sir William Pendarves Knight and others are Respondents; the Appellant residing in Devonshire:"

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, duodecimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 12^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Visc. Kingsland's Answer to Countess Dowager Tyrconnel's Appeal.

The Answer of Nicholas Lord Viscount Kingsland, to the Appeal of Frances Countess Dowager of Tyrconnell:

Neal & al. Answer to Napier's Appeal.

Also, the several Answers of Francis Neale Esquire, George Buckby, and Thomas Denton Gentlemen, to the Appeal of Sir John Napier Baronet, an Infant, by John Coppin Esquire his Guardian, were this Day brought in.

Bp. Carlisle desired to preach the 30th Instant.

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

Edgworth's Petition to put off hearing his Appeal.

A Petition of Edward Edgworth Esquire, was presented to the House, and read; setting forth, "That an Instrument, or Paper Writing, dated the Tenth of November 1716, was made Use of on hearing the Petitioner's Cause in the Court of Exchequer in Ireland, and lodged in the Hands of Thomas Carter Esquire, One of the Officers of the Court of King's Bench in that Kingdom, by Order of the said Court, who delays to deliver the same to the Petitioner;" and praying, "In regard the same will be material to be made Use of on hearing the Petitioner's Appeal, that the said Cause, which now stands appointed for the Twentieth Instant, may be put off; and that the said Carter may be ordered to deliver the said Writing to such Person as the Petitioner shall appoint:"

Thereupon the said Petitioner, as also Thomas Cole, Agent for the Respondent, were called in, and heard at the Bar; where it was admitted by the said Cole, due Notice had been given of putting off the said Cause, pursuant to the Standing Order.

And being withdrawn:

It is Ordered, That the Hearing the said Cause be adjourned to Thursday the Fourth Day of February next.

Adam attached, on E. Suffolk's Complaint.

The House was informed, "That Nicholas Adams, One of the Persons complained of on the Part of the Earl of Suffolk, for a Breach of Privilege, particularly in speaking insolent, scandalous, and contemptuous Words, reflecting on the Honour and Dignity of this House, was attached by the Gentleman Usher of the Black Rod."

Whereupon the Order for his Attachment, expressing, "that he should be brought to the House, to answer for his said Offence," being read:

It is Ordered, That the said Nicholas Adams be brought to the Bar of this House, on this Day Sevennight; and that the several Persons who gave Information against him have Notice thereof, to attend at that Time.

Freeholders & al. against Croston Common Bill.

Upon reading the Petition of the Freeholders, Charterers, Leaseholders, and Tenants, who have a Right of Common in and on the Common Town Field, or Great Pasture, called Croston Finney, lying within the Manor of Croston, in the County Palatine of Lancaster; praying to be heard, by themselves or Counsel, against the Bill, intituled, "An Act to enclose the Common and Tract of Land, called Croston Finney, in the County of Lancaster," before the passing thereof:

It is Ordered, That the said Petition be, and is hereby, referred to the Consideration of the Lords Committees to whom the said Bill stands committed; and that the Petitioners be at Liberty to be heard, by themselves, or Counsel, against the said Bill, according to the Prayer of the said Petition.

Ly. Banastre's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Manors of Hasilton and Turkdean, in the County of Glocester, late the Estate of Sir William Banastre Knight, deceased, to be sold, for Payment of his Debts; and for making Provision for his Daughters and Coheirs, pursuant to their several Marriage Articles; and for other Purposes in the said Act mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Order concerning Delivery of printed Cases, made a Standing Order.

The House (according to Order) proceeded to take into Consideration the Motion made on the Nineteenth of December last, for making the Order for the Delivery of printed Cases to the Clerk of the Parliaments; or Clerk Assistant, to be distributed to the Lords at least Two Days before the Hearing of Causes, 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 of Standing Orders.

Sadler and Collier, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Peter Sadler 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.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Sale of the Moiety of a Farm called Stony Grainge Farm, in the Isle of Ely, to Jabez Collier Gentleman; and for applying the Money arising thereby in the Purchase of other Lands, to be settled to the same Uses."

Puleston's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate of Thomas Puleston Esquire, for discharging Debts and Incumbrances affecting the same," was committed: "That they had considered of 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 several Amendments thereunto."

Which were read Twice, and agreed to.

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

Hales & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Stephen Hales Clerk 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 enable Stephen Hales Clerk and Henry Carrington Esquire to sell their undivided Moieties of the Freehold, Leasehold, and Copyhold Estates, at Much Hadham, in the County of Hertford, late the Estate of William Newce Esquire, deceased."

Visc. Kingsland versus Countess Dowager Tyrconnell.

The House being moved, "That the hearing the Cause, wherein Nicholas Lord Viscount Kingsland is Appellant, and Frances Countess Dowager of Tyrconnell is Respondent, which stands appointed for the Twenty-second Instant, may be put off, in regard there is a Cross Appeal, that so both Causes may be heard together:"

Thereupon the Agents on both Sides attending:

They were called in; and desiring, "That the said Hearing may be put off accordingly:"

And being withdrawn:

It is Ordered, That the Hearing the said Cause be adjourned to Wednesday the Tenth Day of February next; and that the Cross Appeal of the said Countess Dowager of Tyrconnell be heard at the same Time.

Clark peremptorily to answer Lightburn's Appeal.

The House was informed; "That Samuel Clark Esquire, who, by Order of this House, was required to put in his Answers to the Two amended Appeals of Stafford Lightburne Clerk and Hannah his Wife, has not put in his Answers thereunto, though duly served with the said Order for that Purpose."

Thereupon Thomas Cole was called in; and examined upon Oath, at the Bar, touching the said Service.

And being withdrawn:

It is Ordered, That the said Samuel Clark do peremptorily put in his Answers to the said Appeals in a Week.

Hester's Petition referred to Judges.

Upon reading the Petition of Anne Hester the Elder, Relict of William Hester the Elder, late of London, Merchant, deceased, and Anne Hester the Younger, her Daughter, on Behalf of themselves, and of William Hester, Son of the said William Hester the Elder; praying Leave to bring in a Bill, for making effectual certain Articles of Agreement, made between the Petitioners and the said William Hester the Younger; and for vesting in Trustees an Estate in White-horse Court, in Southwark, to enable them to convey the same, pursuant to the said Articles, for Sale thereof:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Tracey 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.

Ld. Archibald Hamilton and Ld Parker's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to confirm and establish Articles of Agreement, between Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, of the one Part, and George Parker Esquire, commonly called Lord Parker, and other Trustees of a Charity therein mentioned, of the other Part, for exchanging certain Lands, in the County of Berks, belonging to the said Charity, for other Lands, of a greater Value."

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 Twenty-seventh of this Instant January, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Fleetwood's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Richard Fletewood, late of Rossall, in the County of Lancaster, Esquire, deceased, in Trustees, to be sold, for Payment of his Debts and Legacies."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees before-named:

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

Robinson & al. peremptorily to answer Lattin and Moor's Appeal.

The House was informed, "That George Robinson and Anne his Wife, and William Court, who, by Order of this House, of the Twenty-sixth of November last, were required to put in their Answer or respective Answers to the Appeal of Patrick Lattin and Michael Moore Esquires, on or before the Thirtyfirst of December following, have neglected to put in their Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by James Hartson of Dublin Gentleman, of the said Service, being read:

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, in a Week.

Hawkins, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Dinah Hawkins, on Behalf of herself and Children, 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 for vesting an Estate late of Henry Hawkins, Citizen and Tallow Chandler of London, deceased, in Trustees, to be sold; and for purchasing other Lands, to the same Uses."

Bickford & Ux. versus Pendarves.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Bickford Esquire and Damaris his Wife are Appellants, and Sir William Pendarves Knight and others are Respondents:"

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

Swift to amend Answers, and bring a Cross Appeal.

A Petition of Elizabeth Swift Widow, and Dean Swift an Infant, Respondents to Two Appeals of Stafford Lightburne Clerk and Hannah his Wife, was presented to the House, and read; praying Leave to amend their Answers to the said Appeals, and to bring their Cross Appeal to be heard at the same Time with the Original Appeals:

Thereupon the Agents on both Sides were called in; and examined, at the Bar, upon the Matters contained in the said Petition.

And being withdrawn:

It is Ordered, That the Petitioners be at Liberty to amend their said Answers, and bring a Cross Appeal, to be heard at the same Time with the Original Appeals, as desired.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum tertium diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.

DIE Mercurii, 13^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Bayne versus Commissioners forfeited Estates.

After hearing Counsel, upon the Petition and Appeal of Alexander Bayne Advocate; complaining of a Decree, or Sentence, of the Court of Delegates in Scotland, made the Twenty-fourth Day of January last, in a Cause wherein the said Alexander Bayne was Plaintiff, and the Commissioners and Trustees for the forfeited Estates were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Commissioners and Trustees put in to the said Appeal; and due Consideration and Debate 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, or Sentence, refusing the Petition of the Appellant, and therein complained of, be, and is hereby affirmed.

Message from H. C. to return Sir Wm Monson's Bill.

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

To return the Bill, intituled, "An Act to enable Sir William Monson Baronet and George Monson Esquire, and the Survivor of them, together with John Monson Esquire, to convey and settle several Manors and Lands, in the Counties of Lincoln, Hertford, and Nottingham;" and to acquaint this House, that they have agreed to the said Bill; without any Amendment.

Martin's Petition, for Copies of Deeds, rejected.

A Petition of Richard Martin Esquire, was presented to the House, and read; praying, "That John Martin Gentleman, Respondent to the Petitioner's Appeal, may be ordered to permit the Petitioner, or his Agent, to take true Copies of certain Deeds and Articles, to the End he may be able to proceed to the Hearing the said Appeal without Delay."

Thereupon Luke Martin, the Appellant's Agent, was called in; and examined, at the Bar, touching the Matters contained in the said Petition.

And being withdrawn:

It is Ordered, That the said Petition be rejected.

Hale's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Stephen Hales Clerk and Henry Carrington Esquire to sell their undivided Moieties of the Freehold, Leasehold, and Copyhold Estates, at Much Hadham, in the County of Hertford, late the Estate of William Newce Esquire, deceased."

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 Thursday the Twenty-eighth Day of this Instant January, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Eyre & al. versus Burke:

A Petition of Edward Eyre, Dennis Daly, and Nicholas Darcy, Esquires, was presented to the House, and read; praying, "That the Hearing their Appeal, to which Gerald Burke Esquire is Respondent, which now stands for Friday next, may be put off to a further Day."

Thereupon the Petitioners Agent, as also the Agent for the Respondent, were called in, and examined at the Bar.

And the Respondent's Agent consenting to the putting off the said Hearing, that the Decree of the Court of Exchequer in Ireland appealed from may be produced, the same not being yet signed and passed:

And being withdrawn:

Hearing adjourned.

It is Ordered, That the Hearing the said Cause be adjourned to Wednesday the Twenty-fourth Day of February next.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quartum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 14^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Boswell's Answer to Perry's Appeal.

This Day the Answer of William Boswell, to the Appeal of John Perry, was brought in.

Hatfield versus Porter & al.

Upon reading the Petition and Appeal of Leonard Hatfield Esquire; complaining of a Decree of the Court of Exchequer in Ireland, made the Third Day of July last, in certain Causes, wherein Jane Hatfield, alias Adams, Widow and Relict of Leonard Hatfield Gentleman, deceased, was Plaintiff, and the Petitioner, and Henry Cookman, Robert Rochfort, Nicholas Nugent and Elizabeth his Wife, and others, were Defendants; and wherein the Petitioner was Plaintiff, and Richard Porter and Jane his Wife were Defendants; and praying, "That the same may be reversed:"

And it appearing, that the said Decree was not made up and entered till the Third of December last:

It is Ordered, That the said Jane Hatfield alias Adams, and the said Richard Porter, and Henry Cookman, 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 Thursday the Eighteenth Day of February next; and that Service of this Order on the Respondents Clerks, or Attornies, in the said Court of Exchequer in Ireland, be deemed good Service.

Sir Edward Blacket & al. Petition referred to Judges.

Upon reading the Petition of Sir Edward Blacket Baronet, John Blacket Esquire, and Christopher Blacket; praying Leave to bring in a Bill, for Sale of the Manor of Grisby Dindsdale, Closes and Tithes, in the Counties of York and Durham, for paying off and discharging the Sum of Eight Thousand Pounds, to Diana Blacket, the Daughter and only Child of William Blacket and Diana his Wife, both deceased:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Justice Denton; 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.

Tham versus Sheriffs.

Upon reading the Petition and Appeal of Volrath Tham Merchant in Gottenburgh; complaining of Two Interlocutories of the Lords of Session in Scotland, of the Twenty-fifth of July and Twenty-sixth of December last, in a Cause wherein the Petitioner was Plaintiff, and Charles Sheriff and Richard Sheriff, and others, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Charles Sheriff and Richard Sheriff 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 Thursday the Eleventh Day of February next; and that Service of this Order on the Respondents Agent, or Writer, in the said Court of Session in Scotland, be deemed good Service.

Elections of Mayors, &c. of Corporations, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for preventing the Inconveniencies arising for Want of Elections of Mayors or other Chief Magistrates of Boroughs or Corporations being made upon the Days appointed by Charter or Usage for that Purpose; and directing in what Manner such Elections shall be afterwards made."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow; and the Lords to be summoned; and that the Judges do then attend.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quintum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 15^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Warburton & al. Answers to Napier's Appeal.

The Answer of Sir George Warburton and John Coppin Esquire:

As also, the Answer of Francis Brace Gentleman, to the Appeal of Sir John Napier Baronet, an Infant, by his Guardian;

Were this Day brought in.

Puleston's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Thomas Puleston Esquire, for discharging Debts and Incumbrances affecting the same."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Hawkins's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting an Estate late of Henry Hawkins, Citizen and Tallow Chandler, of London, deceased, in Trustees, to be sold; and for purchasing other Lands, 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 Friday the Twenty-ninth Day of this Instant January, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sadler and Collier's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Sale of the Moiety of a Farm called Stony Grainge Farm, in the Isle of Ely, to Jabez Collier Gentleman; and for applying the Money arising thereby in the Purchase of other Lands, to be settled to the same Uses."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees before-named:

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

Mitchell to amend Appeal.

A Petition of William Mitchell, of the City of London, Merchant, was presented to the House, and read; setting forth, "That, on the Twenty-sixth of November last, the Petitioner preferred his Appeal, complaining of several Orders and Proceedings of the Court of Chancery in Ireland, wherein the Petitioner was Plaintiff, and Robert Craig, William Denniston, and the Creditors of the said Craig, (videlicet,) John Lord Moore Baron of Tullamore, Mathew Handcock, James Kennedy, Nicholas Cashell, Arthur Miller, Stephen Godfrey, Thady Coan, Sir Arthur Acheson, Dame Anne his Wife, Mary Savage, and William Nesbitt, were Defendants; but therein only in general Terms prayed, "that the Heir and Executor of George Denniston, and also the Creditors of the said Craig, might answer the said Appeal;" and praying Leave to amend the same, by inserting the Names of the Heir and Executor of the said George Denniston, and also the Names of the respective Creditors of the said Craig, who were Parties in the said Cause in the said Court of Chancery; and that the said Heir and Executor, and also the said Creditors, by their respective Names, may put in their Answers to the said Appeal:"

Thereupon, Thomas Cole, the Petitioner's Agent, was called in; and examined, at the Bar, touching the Matter of the said Petition.

And being withdrawn;

It is Ordered, That Leave be given to amend the said Appeal, according to the Prayer of the said Petition; and that the several new Parties may have a Copy thereof; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Nineteenth Day of February next.

Mr. Edgworth to have a Writing delivered to him, or his Agent.

A Petition of Edward Edgworth Esquire, was presented to the House, and read; praying, "That Thomas Carter Esquire, One of the Officers of the Court of King's Bench in Ireland, may be required to deliver, to such Person as the Petitioner shall appoint, an Instrument, or Paper Writing, dated the Tenth of November 1716, lodged in the Hands of the said Carter by Order of the said Court, to be made Use of on hearing the Petitioner's Appeal."

Thereupon the Petitioner and Thomas Cole the Respondent's Agent were called in; and heard, at the Bar.

And the said Cole consenting, "That the Petitioner might have the said Paper, on Condition that the said Hearing may not be further delayed, but come on peremptorily on the Day appointed:"

And being withdrawn:

It is Ordered, That the said Officer of the Court of King's Bench do forthwith deliver to the Appellant, or his Agent, the Instrument, or Paper Writing, in the said Petition mentioned; the Respondent's Agent having consented thereto, on Condition the said Cause be peremptorily heard on the Day appointed.

Elections of Mayors of Corporations, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for preventing the Inconveniencies arising for Want of Elections of Mayors or other Chief Magistrates of Boroughs or Corporations being made upon the Days appointed by Charter or Usage for that Purpose; and directing in what Manner such Elections shall be afterwards made."

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

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

Ordered, That the said Bill be read the Third Time on Tuesday next; and the Lords to be summoned.

Graham versus Sympson.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up the Transcript of the Record upon a Writ of Error, wherein James Graham is Plaintiff, and William Sympson Defendant.

Visc. Irwin & al. Petition referred to Judges.

Upon reading the Petition of Arthur Lord Ingram Viscount Irwin in that Part of Great Britain called Scotland, and Isabella Viscountess Dowager Irwin his Mother, surviving Executrix of John Ingram Esquire, deceased, and of the Honourable Henry Ingram, George, Charles, and William Ingrams, and of Arthur Ingram of Barraby in the County of York Esquire; praying Leave to bring in a Bill, to raise Money upon certain Estates, in the Counties of York, Lincoln, Oxon, and City of London, for Payment of the Debts, Legacies, and Portions, charged thereupon; and to settle the Estates in Hertfordshire and Knottingley, in the said County of York, for the Purposes therein mentioned;

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Justice Denton; 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.

Perry & al. versus Boswell.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Perry is Appellant, and William Boswell Respondent:"

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

Emelie & al. versus Sir J. Ellwill & al.

Whereas To-morrow is appointed, for hearing the Cause wherein John Emilie and others are Appellants, and Sir John Elwill Baronet and others are Respondents:

Causes put off.

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum nonum diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.

DIE Martis, 19^o. Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Clarke's Answer to Lightburn's Appeal.

The Answer of Samuel Clarke Esquire, One of the Assignees of the Commissioners named in a Commission of Bankrupt formerly issued against Carleton Goddard Merchant, One of the Respondents to the Appeal of Stafford Lightburne Clerk and Hannah his Wife:

Also, the Answer of the said Samuel Clarke, to an Appeal of the same Parties in another Cause;

Were brought in Yesterday.

Mrs. Rushout & al. Leave for a Bill.

Upon reading the Petition of Elizabeth Rushout, only Daughter and Heir of Sir James Rushout Baronet, deceased, Thomas Dibble Rector of the Parish Church of Over Swell in the County of Gloucester Clerk, and Stephan Mathews Churchwarden of the said Parish; praying Leave to bring in a Bill, to enable the Petitioner Elizabeth Rushout, Lady of the Manor of Over Swell, to enclose all and every the Lands lying within the said Manor or Parish of Over Swell, in Pursuance of several Agreements in the said Petition mentioned; and to establish the said Agreements:

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

Croston Common to enclose, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enclose the Common and Tract of Land, called Croston Finney, in the County of Lancaster," was committed: That the Committee had considered the said Bill; and heard Counsel, as well on the Petitions against the same, as of the Prosecutors of the Bill; and had gone through the same, and made several Amendments thereto."

Which, being read Twice, were agreed to.

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

Brown L. Kenmare's Petition referred to Judges.

Upon reading the Petition of Valentine Brown Esquire, commonly called Lord Kenmare in the Kingdom of Ireland; praying Leave to bring in a Bill, for Sale or Mortgage of Part of the Petitioner's Estate, in the Counties of Lymerick, Cork, and Kerry, in the said Kingdom, to raise Money to pay and discharge his Debts; and to make Leases of such Part of the said Estate as shall remain unsold, for Ninety-nine Years, not to lessen the present Rents:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Dormer; 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.

Sharp to enter into Recognizance for Youngs' Appeal.

The House being moved, "That John Sharp Gentleman may be permitted to enter into a Recognizance for Mary Young Widow and Arthur Young Clerk, on Account of their Appeal depending in this House; to which William Burdett and Frances his Wife and John Sutton are Respondents; the Appellants being at a Distance in the Country:"

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

Adams brought to the Bar, and examined concerning scandalous Words against the House, and the E. of Suffolk.

Nicholas Adams was (according to Order) brought to the Bar, by the Gentleman Usher of the Black Rod, to answer for his Offence; he being charged, upon Oath, with speaking insolent, scandalous, and contemptuous Words, reflecting on the Honour of this House, and the Earl of Suffolk.

And, being acquainted by the Lord on the Woolsack with the Offence whereof he stands accused; he denied he spake any such Words.

Whereupon Mathias Cater, John Eldridge, and Martha Coleby, the Persons who gave Evidence against him, attending; they were called in; and all severally again declared, upon Oath, at the Bar, "That the said Adams spoke the Words formerly charged upon him."

Then he being asked, "If he had any Thing to offer in his Justification?"

At his Desire, Liberty was given him to produce Witnesses to that Purpose.

Accordingly, Thomas Scrivens, Richard Sheppard, Elizabeth Partridge, Arthur Melton, William Satchwell, and John Gardner, attending at the Bar, were sworn; and severally examined on the Behalf of the said Adams.

And the Two Witnesses first named speaking to the Disreputatation of the said Cater:

He produced William Stewart, Hugh Morgan, John Jerman, and Elizabeth Gratorix; who, being sworn, were, at the Instance of the said Cater, severally examined, and gave him a good Character.

After which, they were all directed to withdraw.

And it having been mentioned, at the Bar, in the abovementioned Examination, "That John Millard (a Witness, formerly produced and examined, at the Instance of Henry Partridge, in Custody for the like Offence with Adams) had received a written Protection, supposed to be from the Earl of Suffolk, since the said Millard's Examination:"

The following Order was made:

"Ordered, That, on Thursday next, this House will take this Matter into further Consideration; and that the said Adams be then brought again to the Bar; and the several Informants against him to attend; and also, that Henry Plowman at The Red Cow in St. George's Fields, and Philip Hind in Dolphin Yard, West-Smithfield, do likewise attend; as also the said John Millard, who is to bring with him the written Protection of the said Earl, mentioned to be lately given him: And further, That the said Adams be at Liberty to produce such other Persons as he may think material in his Defence, to be examined at the same Time."

Jones's Wife and Servants to attend.

Ordered, That the Wife and Servants of David Jones, alledged to be the Author of a printed Book, intituled, "A New Description of England and Wales," be, and are hereby, required to attend this House on Thursday next, to give an Account of the said David Jones; it having been printed in some of the late News Papers, that the said Jones was dead.

Sir Gervas Clifton & al. Petition referred to Judges.

Upon reading the Petition of Sir Gervas Clifton Baronet, Dame Anne Clifton his Wife, and Robert Cliston Esquire their Son and Heir Apparent; praying Leave to bring in a Bill, to prevent Doubts which may arise by an Act of the First Session of this Parliament, in relation to the said Sir Gervas, with respect to his Power to limit a Jointure:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Denton; 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.

Elections of Mayors of Corporations, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for preventing the Inconveniencies arising for Want of Elections of Mayors or other Chief Magistrates of Boroughs or Corporations being made upon the Days appointed by Charter or Usage for that Purpose; and directing in what Manner such Elections shall be afterwards made."

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. Lightboun and Mr. Conway:

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Cummun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

Die Jovis, 25^o Novembris, 1725, hitherto examined by us,

Jo. Carliol.
Jo. Norwich.
De Lawarr.

DIE Mercurii, 20^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

O Brien versus Burke.

The Answer of Richard Burke Gentleman and Elizabeth his Wife, to the Appeal of Christopher O Brien Esquire:

Campbells versus Campbell.

As also the Answer of Marion, Anne, and Elizabeth Campbells, Infants, by their Tutors and Curators, to the Appeal of George Campbell Surgeon;

Were brought in this Day.

Emilie et al. versus Sir John Elwill et al.

After hearing Counsel, upon the Petition and Appeal of John Emilie, Miles West and Martha his Wife, late Martha Emilie, and Samuel Longuett; which said John Martha, and Samuel, are the Executors of the last Will and Testament of Martha Emilie Widow, deceased; complaining of an Order, or Decree, of the Court of Chancery, made the First of February last, in a Cause wherein the Appellants were Plaintiffs, and Sir John Elwill Baronet, Francis Emilie and Frances his Wife, were Defendants; and praying, "That the same may be reversed:" As also upon the Answers of the said Sir John Elwill, and Francis Emilie and his Wife, 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 Order, or Decree, therein complained of, be, and is hereby, affirmed.

Duke and Dutchess of Bolton, Petition referred to Judges.

Upon reading the Petition of Charles Duke of Bolton and Anne Dutchess of Bolton; praying Leave to bring in a Bill, to enable the said Duke, with the Consent of the said Dutchess, to raise such Sum of Money, out of the Estate of the said Dutchess, as they shall think fit:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Tracey 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.

Croston Common, to enclose, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enclose the Common and Tract of Land called Croston Finney, in the County of Lancaster."

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

It was Resolved in the Affirmative.

Message to H. C. with it

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

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

Campbell versus Campbells.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Campbell of Edinburgh Surgeon, is Appellant, and Marion, Anne, and Elizabeth Campbells, by their Tutors and Curators, are Respondents:"

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

Plealings proved, in the Cause between Hatfield and Porter.

The House being informed, "That Mathew Connor attended, with several Pleadings and Proceedings, to be made Use of on hearing the Cause wherein Leonard Hatfield Esquire is Appellant, and Jane Porter and others are Respondents, on Behalf of the said Appellant; and desired now to prove the same to be true Copies."

He was thereupon called in, and delivered the said several Pleadings and Proceedings to the Clerk, at the Bar; and attested upon Oath, "That the same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then withdrew.

Swift versus Lightburne et al.

Upon reading the Petition and Appeal of Elizabeth Swift Widow, and Dean Swift an Infant, by the said Elizabeth his Mother and Guardian; complaining of several Orders, or Decrees, of the Court of Exchequer in Ireland, of the Twenty-second of June, the Twentysecond of November, the Twenty-fifth and Twentyseventh of February, 1715; the Fourteenth of November and Eleventh of December 1716; the Fifteenth of July 1717, the Fifth of December 1719, and the Fourteenth of December 1721; and the Report and other Proceedings in the Cause wherein Stafford Lightburne Clerk and Hannah his Wife were Plaintiffs, and the Petitioners and others were Defendants; and praying, "That the same may be reversed, and the Plaintiffs Original Bill dismissed with Costs; and that the Petitioners may, in all Events, be protected from being obliged to pay the Money Twice."

It is Ordered, That the said Stafford Lightburne and Hannah his Wife, and Samuel Clarke, 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 Wednesday the Twenty-fourth Day of February next.

Sharter to enter into a Recognizance for Tham.

The House being moved, "That John Sharrer of London Merchant may be permitted to enter into a Recognizance for Volrath Tham, on account of his Appeal depending in this House, to which Charles Sheriff and Richard Sheriff are Respondents; the Appellant being out of the Kingdom:"

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum primum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 21^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Swift versus Lightburne.

The Answer of Stafford Lightburne and Hannah his Wife, to the Appeal of Elizabeth Swift Widow, and Dean Swift an Infant, by the said Elizabeth his Mother and Guardian, was brought in this Day.

Hearing appointed.

The House being moved, "That a Day may be appointed, for hearing the Causes wherein Stafford Lightburne Clerk and Hannah his Wife are Appellants, and Elizabeth Swift Widow, and Dean Swift an Infant, and Samuel Clarke Esquire, are Respondents; and wherein the said Elizabeth Swift and Dean Swift are Appellants, and the said Stafford Lightburne and his Wife, and Samuel Clarke, are Respondents:"

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

E. Cavan versus Piggot.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Richard Earl of Cavan and Thomas Piggot Gentleman are Appellants, and Robert Piggot Gentleman is Respondent:"

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

Bishop Gloucester et al. Petition referred to Judges.

Upon reading the Petition of Joseph Lord Bishop of Glocester and John Frankland Dean of the said Church; and also of Dennis Cooke, John Cocks, Thomas Browne, William Hodges, Stephen Cooke, George Savage, and Robert Futter, Esquires, the Trustees of the Will of Mr. Timothy Nourse, deceased; praying Leave to bring in a Bill, for repealing so much of the Act of the First Year of Her late Majesty Queen Anne, for incorporating certain Persons, for the better providing for and setting at Work the Poor of the City of Gloucester, as directs the Election of Twenty-four of the Guardians out of the Inhabitants of the respective Parishes of the said City, and gives them the Management of the Poor thereof; and, that the said Charities may be truly and honestly applied, that the same may be put under the Direction and Management of the said Mr. Nourse's Trustees, and such other Persons as may be thought meet:

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

Mrs. Jones examined, touching her Husband's Death.

The Wife of David Jones, alledged to be the Author of a printed Book, intituled, "A New Description of England and Wales," attending (according to the Order on Tuesday last):

She was called in: And being examined concerning the Report in some printed News Papers of her Husband's being dead; she attested, upon Oath, at the Bar, "That he died, at one Mrs. Sheppard's, the Fourth of December last, at The Paul's Head Ale-house, she being present at his Death; and that he was buried in St. Paul's Church Yard; and that she had no Servant lived there at that Time."

And then she withdrew.

Adams et al. further examined, concerning scandalous Words against the House and the E. of Suffolk.

The House (according to Order) proceeded to take into further Consideration the Matter in relation to the Examination on Tuesday last, concerning insolent, scandalous, and contemptuous Words, alledged to be spoken by Nicholas Adams, reflecting on the Honour of this House and the Earl of Suffolk.

And the said Adams was brought to the Bar, by the Gentleman Usher of the Black Rod.

And Mathias Cater, John Eldridge, and Martha Coleby, who gave Evidence against him, together with several other Persons attending, were called in.

And John Millárd was produced by the said Adams; and being sworn, and examined, as to the written Protection said to be lately given, he delivered it in, signed ["Suffolk]".

And the same was read.

And being asked, "Of whom he received it?" He declared, "It was given him by one Mason; who told him, "He brought it from Mr. Cater, One of the Informants abovementioned."

And, being further examined, acquainted the House, That he was insulted by the said Eldridge, One other of the Informants, on Account of the Evidence he the said Millard gave at the Bar, on his former Examination."

Then the said Mason was called for, in order to be examined in relation to the Matter abovementioned.

But he not attending; John Combes was sworn, and, at the Instance of the said Adams, asked, "If he had any Protection?" Who answering in the Affirmative, he was directed to produce it; and accordingly he produced a written Paper to that Purpose, signed ["Suffolk"].

Which was read.

And being asked of whom he received it? He acquainted the House, "He had it from one Philip Lassells; to whom he paid Money on that Occasion, as also to one Richard Luckin."

Then Pasko Wills, being produced by the said Adams, was sworn, and examined as to the Character of John Eldridge and Martha Coleby, Two of the Informants against the said Adams; and gave them both a very bad Character, especially Martha Coleby.

Next, Henry Plowman was likewise sworn, and examined as to his Knowledge of written Protections; and acquainted the House, "He had One from the Earl of Suffolk about a Twelvemonth ago, and received it from one Mr. Owner; but had it not to produce, having made it away some Months ago."

Then John Winter was sworn, and examined to the same Matter; and acquainted the House, "He had a Protection, in Writing, from the Earl of Suffolk, about a Year and an Half ago; but could not produce it at present."

Next, Philip Hind, being sworn, and examined to the same Matter, owned, "He had a written Protection of the Earl of Suffolk's so long since as June last was Twelvemonth; but had lost it." He declared, "Mr. Owner procured it for him, but he received it from the said Earl's own Hand." And, being further examined, acquainted the House, "That Cater aforementioned, and one John Lefebure, endeavoured to induce him to pay Money on that Occasion; which, they told him, other People did."

Then the said Mathias Cater was sworn, and examined in relation to the Matters abovementioned, and confronted with the said John Millard.

And John Lesebvre aforenamed was likewise examined, upon Oath, touching the same Matter.

And then Richard Machen Esquire was produced by the said Adams; and, being sworn, was examined with relation to the Character of Mathias Cater.

After which, they were all directed to withdraw.

Cater et al. atrached, for procuring written Protections.

Ordered, That the said Mathias Cater, Richard Luckin, Philip Lassells, Owner, and Mason, for their being concerned in procuring written Protections, in Breach of the Standing Orders of this House, be forthwith attached by the Gentleman Usher of the Black Rod, and kept in safe Custody till further Order.

Next, the Standing Order, in relation to the Extent of Privilege, as also that directing the Lords who complain of a Breach of Privilege to pay the Fees of the Persons taken into Custody, in Case the Matter complained of proves no Breach of Privilege, was read.

As likewise the Standing Order lately made touching written Protections.

Partridge and Adams discharged, without Fees.

Ordered, That Henry Partridge and Nicholas Adams, in Custody of the Gentleman Usher of the Black Rod, on the Complaint of the Earl of Suffolk, be forthwith discharged, without their paying any Fees; and that the Order for taking James Bishop into Custody, on the same Complaint, be discharged.

Earl of Suffolk heard; and voted guilty:

Then the Earl of Suffolk was heard in his Place.

And withdrew.

Resolved, That the said Earl has been guilty of granting several Protections, in Writing, in Breach of the Standing Orders, and to the Dishonour, of this House, as likewise to the Obstruction of Public Justice.

Black Rod to convey him to The Tower.

Ordered, That the Gentleman Usher of the Black Rod attending this House do take into his Custody the Body of the said Earl of Suffolk, and him safely convey to His Majesty's Tower of London, and deliver him to the Constable of the said Tower, or, in his Absence, to the Lieutenant or Deputy Lieutenant of the same; and that the said Constable, Lieutenant, or Deputy Lieutenant, do receive the Body of the said Earl, and him keep in safe Custody there, for his said Offence, during the Pleasure of this House.

To Sir William Sandcrson Knight and Baronet, Gentleman Usher of the Black Rod; and to the Constable of The Tower of London, and, in his Absence, to the Lieutenant or Deputy Lieutenant of the same.

Committee Privileges discharged from proceeding on his Complaint.

Ordered, That the Committee of Privileges be discharged from proceeding upon that Part of the Complaint of the said Earl of Suffolk, as was referred to the said Committee the Eleventh of December last, in relation to the arresting of Mathias Cater abovementioned.

Payment of the Fees of Persons attached on his Complaint.

Ordered, That, on this Day Sevennight, this House will take into Consideration the Payment of the Fees of the Persons taken into Custody, upon the Complaint of the said Earl of Suffolk.

Adjourn.

Petrus King Miles, Capital. Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum secundum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 22^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Lattin versus Robinson et al.

The Answer of George Robinson and his Wife, and of William Court, to the Appeal of Patrick Lattin and Michael Moore Esquires, was this Day brought in.

Governor et al. of the Poor of Gloucester, Petition referred to Judges.

Upon reading the Petition of the Governor and Deputy Governor, Doctor Nathaniel Lye Archdeacon of Gloucester, James Furney and Gabriel Harris, Two of the Aldermen of the City of Gloucester, Francis Yate, John Knowles, Daniel Bryan, and Nathaniel Lye, Gentlemen, the surviving Guardians of the Poor of and for the City of Gloucester and County of the same City, elected by the Inhabitants of the respective Parishes of the said City; praying Leave to bring in a Bill, for repealing so much of the Act of the First Year of Her late Majesty Queen Anne, for incorporating certain Persons, for the better providing for and setting at Work the Poor of the City of Gloucester, as directs the Election of Twenty-four of the Guardians out of the Inhabitants of the respective Parishes of the said City, and gives them the Management of the Poor thereof; and, that the said Charities may be truly and honestly applied, that the same may be put under the Direction and Management of the Trustees of the Will of Mr. Timotby Nourse, deceased, and such other Persons as may be thought meet:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the same Judges to whom the Petition of the Lord Bishop of Glocester and others, presented Yesterday for the like Purpose, stands referred.

Blake versus Sir Walter Blake, Decree reversed in Part, with Directions.

After hearing Counsel, upon the Petition and Appeal of Thomas Blake Esquire; complaining of a Decree of the High Court of Chancery in Ireland, made the Eighteenth Day of February 1719, and an Affirmance thereof the Ninth of July 1723, in certain Causes, wherein the Appellant was Plaintiff, and Sir Walter Blake Baronet and others were Desendants; et è contra; and praying, That the same may be reversed:" As also upon the Answer of the said Sir Walter Blake, Patrick French, and Walter Taylor, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in the said Causes:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Decree of the Eighteenth of February 1719, as orders, adjudges, and decrees, "That the Lands and Woods of Clonmoylanemore, Clonmoylanebegg, Kelbrack, and Kelclinegan, alias Duniry Wood, were purchased in Trust for the Respondent Sir Walter Blake; and that the Third Part of the said Lands and Woods be decreed to the Appellant Thomas Blake, as a Protestant Discoverer, upon the Popery Act; and that the Assignment of the Lease, taken by the Desendant Taylor, of the Farm and Lands of Clare, was taken in Trust for the Respondent Sir Walter Blake, and be decreed to the Appellant Thomas Blake, as a Protestant Discoverer; and that the Appellant Thomas Blake's Bill be dismissed, without Prejudice as to the Demand of the Execution of the Marriage Articles, there not being proper Parties before the Court; and that Sir Walter Blake's Cross Bill be dismissed," be affirmed, and the same is hereby affirmed; and as to all the rest and Residue of the said Decree, as also the said Decree of Affirmance made the Ninth of July 1723, the same are hereby reversed: And it is hereby further Declared, Ordered, and Adjudged, That the Lands of Ballindoola and Gortechalla were conveyed in Trust for the Respondent Sir Walter Blake; and the same, being so conveyed, are hereby ordered and decreed to the Appellant Thomas Blake, as a Protestant Discoverer, according to such Estates and Interest as the same were respectively purchased by or in Trust for the said Sir Walter Blake; and the Court of Chancery in Ireland are forthwith to put the said Appellant Thomas Blake into the quiet and peaccable Possession of the said Lands and Woods of Clonmoylanemore, Clonmoylancbcgg, Kelbrack, and Kelclinegan, alias Duniry Wood, and of the said Farm and Lands of Clare, and of the said Lands of Ballindoola and Gortechalla; and that the Respondent Sir Walter Blake do convey and procure all Persons, to whom any Conveyances were made of the Premises, or of any Part thereof, in Trust for him, to convey the same to the Appellant Thomas Blake, by such Conveyances, and in such Manner, as the Master shall direct and approve; and also shall assign over, and procure to be assigned over as aforesaid, for the Benefit of the said Protestant Discoverer, by the Direction of the Master, any subsisting Incumbrances or Securities taken in by any of them, or in Trust for them or any of them, to protect or cover the Premises or any Part thereof; and the Respondents are to produce, upon Oath, before the Master, all Deeds and Writings in their Custody or Power, relating to the Lands hereby decreed to the Appellant; and such as concern the Estates purchased for the sole Use and Benefit of the Respondent Sir Walter Blake shall be delivered to the Appellant; and such as concern the Estates purchased for the Use or Benefit of the said Sir Walter Blake and others shall be secured and disposed of by the Court, for the Use and Benefit of the Appellant and the other Purchasers, with Liberty for the Appellant to have Copies of the same at his own Costs, and to resort to the Originals as there shall be Occasion: And it is hereby further Ordered and Adjudged, That the Respondent Sir Walter Blake do ac compt before the Master, unto the Appellant Thomas Blake, for the Rents and Profits of the said Lands, by Fall of Timber, Woods, or otherwise, hereby decreed to the said Appellant; and for what he the said Sir Walter Blake, or any Person for his Benefit, hath had, made, or received, out of, or from, the said Lands and Premises hereby decreed to the Appellant, from the Time that the Respondent Sir Walter Blake, or any in Trust for him, hath had Possession of the said Premises, or took any of the Profits thereof, by virtue of or under the several Conveyances made to him, or to any in Trust for him; and that, in taking the said Accompt, all Parties are to be examined upon Interrogatories before the Master; and the Master is to be armed with a Commission for Examination of Witnesses, if Occasion be, and all just Allowances are to be made to all Parties; and what shall appear on such Accompt to have been received, had, or made, by the said Sir Walter Blake, or any in Trust for him, from the Time aforesaid, shall be paid to the said Appellant Thomas Blake, his Heirs, Executors, or Administrators, to his or their own Use and Benefit: And as to the Maintenance prayed by the Appellant Thomas Blake's Bill; it is hereby Ordered and Adjudged, That the Respondent Sir Walter Blake do pay, out of his Estate, the Sum of Two Hundred Pounds per Annum, unto the Appellant Thomas Blake, free of all Deductions whatsoever, from the Time of filing his said Bill, and do continue the Payment of the same Half-yearly, until the Time that he the said Thomas Blake shall be put into the peaceable and quiet Possession of the several Lands and Estates hereby decreed to him, and until the said Rents and Profits to be accompted for to him by this Decree be answered and paid to him; and the Dismission of Sir Walter Blake's Cross Bill is hereby, as before, ordered to be affirmed; but it is hereby Ordered and Adjudged to be with Costs, to be taxed by the said Court of Chancery, as usual in such Cases: And it is hereby further Ordered, That the said Court do give such Direction for the executing this Judgement as shall be just.

Lord and Lady Effingham versus Sir John Napier; et è contra.

Whereas To-morrow is appointed, for hearing the Cause wherein Thomas Lord Howard of Effingham and Elizabeth Lady Effingham his Wife are Appellants, and Sir John Napier Baronet, an Infant, by his Guardian and others, are Respondents; and the House being moved, "That the Hearing thereof may be put off for some Days, in regard there is a Cross Appeal, that so both Causes may be heard together;" and the Respondents Agent consenting thereto:

It is Ordered, That the Hearing the said Cause be adjourned to Tuesday the Ninth Day of February next; and that the Cross Appeal of the said Sir John Napier be heard at the same Time.

Burke et al. versus Lynch:

A Petition of Theobald Burke and others, was presented to the House, and read; praying, "That the Hearing the Cause wherein the Petitioners are Appellants, and Thomas Lynch Esquire is Respondent, which stands appointed for Monday next, may be put off for some Time; and that the Petitioners may be at Liberty to amend their said Appeal, on Payment of Costs:"

Thereupon Mr. Llewellin the Petitioners Agent, as also Mr. Duane the Respondent's Agent, were called in, and heard at the Bar, in relation to the Matter of the said Petition.

And being withdrawn:

To amend Appeal, and suspend hearing, on Payment of Costs.

It is Ordered, That, upon the Petitioners paying, or causing to be paid, to the said Respondent, or his Agent, To-morrow, Thirty Pounds, they be at Liberty to amend the said Appeal, as desired; and the said Hearing on that Account to be suspended.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum quintum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 25^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Lord Pagett versus Peirce et al.

The Answer of John Peirce Gentleman, to the Appeal of Thomas Lord Pagett and the Lady Elizabeth his Wife:

Commissioners of forfeited Estates versus M'Lair.

Also, the Answer of George M^cLair Gentleman, to the Appeal of the Commissioners and Trustees of the forfeited Estates:

Martin versus Martin.

Also, the Answer of John Martin Gentleman, to the Appeal of Richard Martin Esquire:

Maxwell versus Houstoun.

As also, the Answer of Andrew Houstoun of Calderhall Esquire, to the Appeal of Sir Alexander Maxwell of Monreith Advocate;

Were this Day brought in.

Mrs Rushout's Bill.

The Lord Viscount Harcourt presented to the House (pursuant to the Order on Tuesday last) a Bill, intituled, An Act for enabling Elizabeth Rushout, Lady of the Manor of Overswell, in the County of Gloucester, to enclose all and every the Lands lying within the said Manor or Parish of Overswell, in Pursuance of several Agreements therein mentioned to have been made between the said Elizabeth Rushout and the Rector of the Parish aforesaid, and between the said Elizabeth and the Churchwarden and Parishioners of the said Parish; and to establish the said Agreements."

The said Bill was read the First Time.

Burke et al. versus OBrien.

Whereas Friday next is appointed, for hearing the Cause wherein Richard Burke and Elizabeth his Wife are Appellants, and Christopher O Brien Esquire is Respondent: And the House being moved, "That the Hearing thereof may be put off for some Time, in regard there is a Cross Appeal, that so both Causes may be heard together:"

Thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

It is Ordered, That the Hearing the said Cause be adjourned to Saturday the Twentieth Day of February next; and that the Cross Appeal of the said Christopher O'Brien be heard at the same Time.

Blake versus Blake, Judgement read:

Upon reading the Judgement of this House on Friday last, in the Cause wherein Thomas Blake Esquire was Appellant, and Sir Walter Blake Baronet and others were Respondents:

Sir Walter Blake's Petition heard.

A Petition of the said Respondent Sir Walter Blake, was presented to the House, and read; praying to be heard, by his Counsel, to this Point; (videlicet,)

"Whether the Petitioner should accompt for the Lands and Woods decreed to the Appellant as a Protestant Discoverer, from the Time of the Petitioner's Purchase?"

And thereupon the Standing Order of this House, of the Fourteenth Day of February 1694, relating to Petitions for re-hearing of any Cause, or Part of a Cause, formerly heard, being read:

It is Ordered, That the said Petition do lie on the Table, and be read on Friday next, at One a Clock; and the Lords to be summoned.

M^cLair admitted in Forma Pauperis:

Upon reading the Petition of George M^cLair Gentleman, Respondent to the Appeal of the Commissioners and Trustees of the forfeited Estates; praying Leave to prosecute the Defence of the Decree of the Court of Delegates in Forma Pauperis; and that Counsel may be assigned to assist him in his said Defence; and that a further Day may be appointed for hearing the said Cause:

Thereupon Mr. M^cDowall and Mr. Leslie were called in, and severally examined, upon Oath, at the Bar, touching their Knowledge of the Petitioner's Poverty.

And being withdrawn:

Counsel assigned.

It is Ordered, That the Petitioner be admitted in Forma Pauperis, according to the Prayer of the said Petition; and that Mr. Talbot and Mr. Hamilton be assigned the Petitioner's Counsel, to assist him in his Defence, accordingly.

Martin versus Martin.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Richard Martin Esquire is Appellant, and John Martin Gentleman is Respondent:"

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

Dagenham Breach, Accompt and Contract delivered.

The House being informed, "That a Person from the Trustees appointed by an Act passed in the Twelfth Year of the Reign of Her late Majesty, for stopping the Breach of the Levels of Havering and Dagenham, in the County of Essex, was attending at the Door:"

He was called in; and Mr. David Le Gros, Secretary to the said Trustees, presented to the House, pursuant to a Clause in the said Act,

"The Accompt of the Treasurer to the Trustees for Dagenham Breach, from Michaelmas 1723, to First of December 1724."

"Copy of the Contract with Mr. John Aust, to remove Six Thousand Tuns of the Soil from the Two Shoals over against Captain John Perry's Upper and Lower Sluices, Fourth of August 1724."

And then he withdrew.

And the Titles of the said Accompt and Contract were read.

Lattin and Moor versus Robinson et al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Patrick Lattin and Michael Moore Esquires are Appellants, and George Robinson and his Wife and William Court are Respondents:"

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

Maxwell versus Houstoun.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir Alexander Maxwell of Monreith Advocate is Appellant, and Andrew Houstoun of Calderhall Esquire is Respondent:"

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

Countess of Erroll versus E. of Buchan.

Upon reading the Petition and Appeal of Mary Countess of Erroll and Mr. Alexander (fn. 1) Hoy her Husband, William Duff of Braco, and Lesly of Melross; complaining of several Interlocutories of the Lords of Session in Scotland, made the Twenty-eighth of November last, and Fifth of this Instant January, in a Cause wherein David Earl of Buchan was Plaintiff, and the Petitioners were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said David Earl of Buchan may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Monday the First 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.

Viscount Irwin et al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Arthur Lord Ingram Viscount Irwin, and Isabella Viscountess Dowager Irwin his Mother, 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 enable Arthur Lord Viscount Irwin to raise Money, by Mortgage or Sale of certain Estates, in the Counties of York, Lincoln, Oxon, and City of London, for Payment of Debts, Legacies, and Portions, charged thereupon; and to settle the Estates therein mentioned on Henry Ingram his next Brother, and his Heirs."

Collier to enter into Recognizance for Stone.

The House being moved, "That Jabez Collier Gentleman may be permitted to enter into a Recognizance for Richard Stone Esquire, on Account of his Appeal depending in this House, to which Arthur Earl of Anglesey and others are Respondents; the Appellant residing in Ireland:"

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

Collier to enter into Recognizance for Bauman.

The like Order, for the said Mr. Collier to enter into a Recognizance for John Bauman, on Account of his Appeal, to which Calcott Chambre is Respondent.

M^cguire to enter into Recognizance for Putland.

Also, the like Order for William M^cguire Esquire, to enter into a Recognizance for John Putland and others, on Account of their Appeal to which Sir Walter Burrows is Respondent, for Reasons of the same Nature.

Mead versus Swanton:

The House was informed, "That Henry Swanton, who, by Order of this House of the Twenty-sixth of November last, was required to put in his Answer to the Appeal of the Reverend Dominick Mead on or before the Thirty-first of December following, has neglected to put in his Answer thereunto, though duly served with the said Order for that Purpose:"

To answer peremptorily.

And thereupon an Affidavit, made by Lawrence Nowlan of the City of Dublin Gentleman, of the due Service of the said Order, being read.

It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal in a Week.

Chamberlaine versus White:

The House was informed, "That Mary White, alias Chamberlaine, who, by Order of this House of the Twenty-sixth of November last, was required to put in her Answer to the Appeal of Christopher Chamberlaine Gentleman on or before the Thirty-first of December following, has neglected to put in her Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by James Crofton of the City of Dublin Gentleman, of the due Service of the said Order, being read.

To answer peremptorily.

It is Ordered, That the said Respondent do peremptorily put in her Answer to the said Appeal in a Week.

Bagenal versus Bagenal et al.

The House was informed, "That Anne Bagenal, George Mathew, Nicholas and Dudley Bagenal, Benjamin Burton, as also the Executors of Philip Savage, who, by Order of this House of the Twenty-sixth of November last, were required to put in their Answer or respective Answers, to the Appeal of Walter Bagenal Esquire, on or before the Thirty-first of December following, have neglected to put in their Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon Mr. Walter Joyce was called in, and examined, upon Oath, at the Bar, touching the said Service.

And being withdrawn:

To answer peremptorily:

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers, to the said Appeal, in a Week.

Burton and Nutley versus Slattery:

The House was informed, "That John Slattery Gentleman, who, by Order of this House of the Twentysixth of November last, was required to put in his Answer to the Appeal of Benjamin Burton and Richard Nutley Esquires on or before the Thirtyfirst of December following, has neglected to put in his Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by Thomas Weldon of the City of Kilkenny Gentleman, of the due Service of the said Order, being read:

To answer peremptorily.

It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal in a Week.

Viscount Lisburne et al. Petition referred to Judges.

Upon reading the Petition of John Lord Viscount Lisburne of the Kingdom of Ireland, Wilmot Vaughan and Henry Vaughan Esquires; praying Leave to bring in a Bill, to enable the Trustees of a certain Term of Five Hundred Years, after raising Two Thousand Pounds charged thereon for the Portions of Elizabeth and Letitia Vaughan, the Petitioner's Sisters, to raise the further Sum of Three Thousand Pounds on the said Term, for discharging the Debts of the Petitioner John Lord Viscount Lisburne:

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mariis, vicesimum sextum diem instantis Januarii, hora prima post meridiem, Dominis sic decernentibus.

DIE Martis, 26^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Young versus Burdett.

This Day the Answer of William Burdett and Frances his Wife, to the Appeal of Mary Young Widow and Arthur Young Clerk, was brought in.

Mrs. Rushout's Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling Elizabeth Rushout, Lady of the Manor of Owerswell, in the County of Gloucester, to enclose all and every the Lands lying within the said Manor or Parish of Overswell, in Pursuance of several Agreements therein mentioned to have been made, between the said Elizabeth Rushout and the Rector of the Parish aforesaid; and between the said Elizabeth and the Churchwarden and Parishioners of the said Parish; and to establish the said Agreements."

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 Tuesday the Second Day of February next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Wolff's Nat. Bill:

A Message was brought from the House of Commons, by Sir John Norris and others:

With a Bill, intituled, "An Act to naturalize Jacob Wolff;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

Vernezobre, Petition to be added to Nat. Bill:

A Petition of Daniel Vernezobre, was presented to the House, and read; praying to be added to the Bill, intituled, "An Act to naturalize Jacob Wolff:"

It is Ordered, That the said Petition do lie on the Table, till the said Bill be read a Second Time.

Lord St. John's Bill:

The Earl of Yarmouth reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Lord St. John to settle a Jointure on such Woman as he shall marry, and to make Provision for the Daughters and Younger Children of such Marriage, out of the Estate devised to him by the Will of William Lord St. John, deceased," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Viscount Irwin's Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Arthur Lord Viscount Irwin to raise Money, by Mortgage or Sale of certain Estates, in the Counties of York, Lincoln, Oxon, and City of London, for Payment of Debts, Legacies, and Portions, charged thereupon; and to settle the Estates therein mentioned on Henry Ingram his next Brother, and his Heirs."

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

Their Lordships, or any Five of them; to meet on Wednesday the Tenth Day of February next, at the same Place; and to adjourn as they please.

Broulhet's Nat. Bill.

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

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

Then the said Bill was read the First Time.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque at et in diem Mercurii, vicesimum septimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 27^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Swift's Answer to Edgworth's Appeal.

The Answer of Mead Swift, to the Appeal of Edward Edgworth Esquire, was brought in this Day.

Ld. Archibald Hamilton's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to confirm and establish Articles of Agreement, between Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, of the one Part, and George Parker Esquire, commonly called Lord Parker, and other Trustees of a Charity therein mentioned, of the other Part, for exchanging certain Lands in the County of Berks, belonging to the said Charity, for other Lands, of a greater Value," was committed: That the Committee had considered the said Bill, and gone through the same; and directed him to report it to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Brand versus Sir Alexander Cumming:

This Day being appointed, to hear Counsel, upon the Petition and Appeal of Thomas Brand of London Goldsmith; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Twenty-third of January 172¾, the Seventh, Twentieth, and Twentyfifth of February last, in a Cause wherein the Appellant was Plaintiff, and Sir Alexander Cumming Baronet Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said Sir Alexander Cumming put in to the said Appeal.

Counsel accordingly were called in, to be heard.

And Counsel appearing only for the Appellant:

Proof was made of the due Service, on the Respondent's Agent, of the Order for hearing the said Appeal.

And thereupon the Counsel for the Appellant were heard; and due Consideration had of what was offered in Relation to this Cause.

Interlocutors 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 several Interlocutory Sentences therein complained of be, and the same are hereby, affirmed.

Motion for Judges to attend, on Blake's Appeal.

A Motion was made, "That the Judges, or some of each Court, be ordered to attend on Friday next, when the Petition of Sir Walter Blake Baronet, for re-hearing Part of the Cause determined on Friday last, in which he was Respondent, is appointed to be read."

And a Question being stated thereupon:

After Debate;

The previous Question was put, "Whether that Question shall be now put?"

It was Resolved in the Negative.

Skrymsher, Petition referred to Judges.

Upon reading the Petition of Thomas Boothby Skrymsher Esquire and Anne his Wife, which said Thomas Boothby Skrymsher is Grandson and Heir of Sir Charles Skrymsher, late of Norbury in the County of Stafford, Knight, deceased; praying Leave to bring in a Bill, for discharging the Petitioner's Estate at Eccleshall, in the said County of Stafford, from the Uses and Limitations contained in his Marriage Settlement; and for settling other Lands, in the same County, of greater Value, to the same Uses:

It is Ordered, 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.

Ld. St. John's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Lord St. John to settle a Jointure on such Woman as he shall marry; and to make Provision for the Daughters and Younger Children of such Marriage, out of the Estate devised to him by the Will of William Lord St. John, deceased."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum octavum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 28^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Hugonin and Buck, to be added to Nat. Bill.

A Petition of Francis Lewis Hugonin and Peter Buck, was presented to the House, and read; praying to be added to the Bill, intituled, "An Act to naturalize Jacob Wolff."

It is Ordered, That the said Petition do lie on the Table, till the said Bill be read a Second Time.

Vernezobre & al. take the Oaths.

Daniel Vernezobre, Francis Lewis Hugonin, and Peter Buck, took the Oaths appointed, in order to their Naturalization.

Duff and Lesslie versus E. of Buchan.

Upon reading the Petition and Appeal of William Duff of Braco, and Lesslie of Melross, and others; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Eighth and Twentyeighth of January and Fourth of February 172¾, the Twenty-third of June and Twenty-eighth of November 1724, and the Fifth and Fifteenth of this Instant January, made on the Behalf of David Earl of Buchan; and praying, "That the same may be reversed:"

It is Ordered, That the said David Earl of Buchan may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Thursday the Twenty-fifth Day of February next; and that Service of this Order on the said Earl's Agent, or Writer, in the said Court of Session in Scotland, be deemed good Service.

Ld. Archibald Hamilton's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to confirm and establish Articles of Agreement, between Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, of the one Part, and George Parker Esquire, commonly called Lord Parker, and other Trustees of a Charity therein mentioned, of the other Part, for exchanging certain Lands in the County of Berks, belonging to the said Charity, for other Lands, of a greater Value."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Weket & Ux. versus Raby.

The House being moved, on the Behalf of John Raby Esquire, Respondent to the Appeal of William Wekett Esquire and Mary his Wife, "That a Day be appointed, for hearing thereof:"

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

Broulhet's Nat. Bill.

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

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 Tuesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Ld. and Lady Bagett versus D. of Bridgewater & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Lord Pagett and the Lady Elizabeth his Wife are Appellants, and Scroop Duke of Bridgewater and John Peirce Gentleman are Respondents:"

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

Edgworth versus Swift.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Edward Edgworth Esquire is Appellant, and Mead Swift Gentleman Respondent:"

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

Wolff's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize Jacob Wolff."

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

Vernezobre & al. Petition referred to Committee.

Then, the Petitions of Daniel Vernezobre, Francis Lewis Hugonin, and Peter Buck; praying to be added to the said Bill, which were ordered to lie on the Table till the Second Reading thereof, were severally read.

And ordered to be referred to the same Lords Committees to whom the said Bill stands committed.

Payment of Fees of Persons complained of by E. of Suffolk:

The Order of the Day being read, for taking into Consideration the Payment of the Fees of the Persons taken into Custody upon Complaint of the Earl of Suffolk:

It is Ordered, That the further Consideration of this Matter be adjourned to Tuesday next; and that Mathias Cater, in Custody of the Gentleman Usher of the Black Rod, for being concerned in procuring written Protections, be then brought to the Bar, in order to be asked if he has any Thing further to offer for himself, in his own Justification.

Eldridge and Coleby to be attached;

Ordered, That the Gentleman Usher of the Black Rod do forthwith attach the Bodies of John Eldridge and Martha Coleby, Two of the Informants against Henry Partridge and Nicholas Adams, and bring them in safe Custody to the Bar of this House, to answer for their said Offence; and this shall be a sufficient Warrant on that Behalf.

and Lefebvre to be attached.

Ordered, That the Gentleman Usher of the Black Rod do forthwith attach the Body of John Lefebvre, for being concerned in procuring written Protections, and bring him in safe Custody to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant on that Behalf.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum nonum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 29^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Mr. Bateman and his Wife, Petition referred to Judges.

Upon reading the Petition of James Bateman Esquire and Anne his Wife; praying Leave to bring in a Bill, to enable the Petitioner James Bateman to sell the Manor of Tooting Graveney, in the County of Surrey, and his Capital Messuage and Lands there, and elsewhere in the said County; and, with the Money arising by such Sale, to purchase the Manors of Well and Alford, and other Lands in the County of Lincoln, to be settled to the same Uses as the said Manor and Lands in Surrey are now settled:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Justice Denton; 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.

Shuckburgh versus South Sea Company.

Upon reading the Petition of the South Sea Company, Sir John Eyles, and others their Trustees, and Edward Poulter, Respondents to the Appeal of John Shuckburgh; praying, "In regard they cannot be prepared to make their Defence so soon as Monday next, That the Hearing the said Cause, which stands appointed for that Day, may be adjourned for Ten Days; the Appellant's Agent consenting thereto:"

It is Ordered, That the Hearing the said Cause be adjourned to Thursday the Eleventh Day of February next.

Sadler and Collier's Bill:

The Lord Delawarr acquainted the House, from the Lords Committees to whom the Bill, intituled, "An Act for the Sale of the Moiety of a Farm called Stony Grainge Farm, in the Isle of Ely, to Jabez Collier Gentleman; and for applying the Money arising thereby in the Purchase of other Lands, to be settled to the same Uses," was committed; "That a Difficulty occurring to their Lordships, with respect to the Standing Order of this House of the Nineteenth of February 1705, directing when Bills are brought in, to sell Lands in One Place and buy Lands in another, the Values be fully made out; and that there be an Agreement for the Purchase, in regard there is no such Agreement made."

And a Motion being made, "That the said Standing Order be dispensed with on this Occasion:"

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

Blake's Petition, for rehearing Part of his Cause, rejected.

The Order of the Day being read, for reading the Petition of Sir Walter Blake Baronet, Respondent to the Appeal of Thomas Blake Esquire, praying a Rehearing of Part of the Cause heard the Twenty-second Instant:

The said Petition was read accordingly.

And, after Debate;

It was Ordered, That the said Petition be rejected.

Fleetwood's Bill:

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Estate of Richard Fletewood, late of Rossall, in the County of Lancaster, Esquire, deceased, in Trustees, to be sold, for Payment of his Debts and Legacies," 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.

Hales, &c. Bill.

The Lord Delawarr also reported, from the Lords Committees to whom the Bill, intituled, "An Act to enable Stephen Hales Clerk and Henry Carrington Gentleman to sell their undivided Moieties of the Freehold, Leasehold, and Copyhold Estates, at Much Hadham, in the County of Hertford, late the Estate of William Newce Esquire, deceased," was committed: That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Hawkins's Bill.

The Lord Bishop of Norwich reported, from the Lords Committees to whom the Bill, intituled, "An Act for vesting an Estate late of Henry Hawkins, Citizen and Tallow Chandler of London, deceased, in Trustees, to be sold; and for purchasing other Lands, 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 being read by the Clerk:

It is Ordered, That the said Bill be re-committed to the same Lords Committees; to meet at the same Place on Friday next; and to adjourn as they please.

Simpson, a Non Pros on Graham's Writ of Error.

Upon reading the Petition of William Simpson, Defendant in a Writ of Error, brought into this House the Fifteenth Instant wherein James Graham of London Merchant, is Plaintiff; praying, "In regard the said Plaintiff hath not assigned his Errors within the Time limited by the Standing Order of this House, of the Thirteenth of December 1661, that the said Writ of Error may be Non Pros."

And the said Standing Order being read:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Defendant in the said Writ of Error do forthwith enter a Non Pros. thereupon, according to the Prayer of the said Petition; 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.

Adjourn.

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

DIE Sabbati, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Then, in order to the Lords proceeding to the Abbey Church, Westminster, to solemnize this Day; being appointed by Act of Parliament to be observed as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First;

Adjourn.

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