House of Lords Journal Volume 22: December 1722

December 1722

DIE Jovis, 6^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Haldane and Dundas versus Dean and Faculty of Advocates.

This Day the Answer of the Dean and Faculty of Advocates, to the Petition and Appeal of Mr. Patrick Haldane Advocate, and Robert Dundas Esquire His Majesty's Advocate for Scotland, in Behalf of the Crown, was brought in.

L. Arundel of Trerice takes his Seat.

This Day John Lord Arundell of Trerice sat first in Parliament, upon the Death of his Father John Lord Arundell of Trerice.

Lords take the Oaths.

The Lords following came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Charles Earl of Hoptoun.

Hugh Lord Viscount Falmouth.

Charles Lord Fitzwalter.

John Lord Arundell.

Basket versus Travers:

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, wherein John Baskett is Plaintiff, and James Travers is Defendant:

Errors to be argued.

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Wednesday next.

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

In One of which, John Baskett is Plaintiff, and

James Travers is Defendant.

Fotheringham versus Espinosa, in Error.

And in the other, David Fothringham is Plaintiff, and Moses Espinosa is Defendant.

Messages from H. C. with a Bill; and to return Mello's.

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

With a Bill, intituled, "An Act to enable John Smith Gentleman and his Heirs to take and use the Surname of Dickonson, according to the Will of John Dickonson Gentleman, deceased;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Sir Thomas Johnson and others:

To return the Bill, intituled, "An Act for naturalizing Luder Mello and Benjamin Berckenhout;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

March. Annandale versus Marq. Annandale.

A Petition of Alexander Hamilton Gentleman, Agent for James Marquis of Annandale, Respondent to the Two Appeals of Charlotta Marchioness Dowager of Annandale, was presented to the House, and read; setting forth, "That the said Causes are appointed to be heard the Seventh and Tenth Days of this Instant December; that the said Marquis being desirous to be present at the Hearing thereof; but, by reason of his Indisposition, did not begin his Journey from Scotland till Monday last;" and praying, "in regard the Extracts of both Decrees in the said Causes did not come to the Petitioner's Hands but very lately, that the Times for the said Hearings may be enlarged."

And thereupon a Declaration and Affidavit of the Indisposition of the said Marquis being read:

And the Petitioner and the Appellant's Agent called in, and examined as to the Notice given for putting off the said Causes:

And being withdrawn:

It is Ordered, That this House will hear the Cause wherein the said Marchioness is Appellant, and James Marquis of Annandale is Respondent, on Wednesday next; and the Cause wherein the said Marchioness and her Children are Appellants, and the said Marquis is Respondent, on the Friday following.

Haldane and Dundas versus Dean and Faculty of Advocates, Scotland.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Mr. Patrick Haldane Advocate and Robert Dundas Esquire His Majesty's Advocate for Scotland, in Behalf of the Crown, are Appellants, and the Dean and Faculty of Advocates are Respondents:"

And Notice being taken, "That the said Dean and Faculty, in the Answer to the said Appeal, submit it to the Judgement of this House, Whether, in a Case of this Nature, the Appellants have properly appealed to this House:"

And it being moved, "That the said Answer might be read:"

The same was read accordingly.

And the several Proceedings out of the Journals in 1702, in the Cause between Thomas Lord Wharton and Robert Squire; and the Order upon receiving the Appeal of James Greenshields Clerk, the Twenty-fifth of March 1710; being likewise read:

A Motion was made,

And the Question was put, "That Counsel on both Sides be heard, at the Bar of this House, on Saturday Sevennight, to this Point only, Whether the Matter complained of in the Petion of Mr. Patrick Haldane and Robert Dundas Esquire be proper to be determined by this House, upon an Appeal?"

It was Resolved in the Affirmative.

Adjourn.

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

DIE Veneris, 7^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Basket versus Travers.

Whereas Wednesday next is appointed, for arguing the Errors assigned upon a Writ of Error, wherein John Baskett is Plaintiff, and James Travers is Defendant:

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

Maber versus Thornton.

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, wherein Edward Maber is Plaintiff, and Robert Thornton is Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Monday the Seventeenth Day of this Instant December.

L. Craven & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of William Lord Craven, James Baylie and Robert Ayre Churchwardens of the Parish of St. Clement's Danes, Thomas Millington and Nicholas Sweeting Churchwardens of the Parish of St. Martin's in the Fields, Bartholomew Wimberly and Charles Hunt Churchwardens of the Parish of St. James's Westminster, and Peter Guerin, Thomas Gamlyn, and Thomas Edmunds, Churchwardens of the Parish of St. Paul, Covent Garden, 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.

Maxwel versus Sharp.

A Petition of Charles Maxwell of Cowhill Esquire and Janet his Wife, was presented to the House, and read; complaining, "That the Lords of Session in Scotland have not caused the Petitioners Expences and Damages to be taxed, in the Suit between the Petitioners and George Sharp of Hoddam Advocate, pursuant to the Order and Judgement of this House the Tenth of May 1721;" and praying Relief in the Premises:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords following; who are to report their Opinion thereupon to the House; (videlicet,)

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

Bennet & al. Pet. referred to Judges.

Upon reading the Petition of George Bennett Gentleman and Joane Bennett his only surviving Sister, and of Henry Bennett Gentleman his only Son and Heir, and of Margaret the Wife of the said Henry Bennett, and of Gilbert Yarde Esquire and Rebecca his Wife; praying Leave to bring in a Bill, for vesting several Lands, called Whiteway and Wolcombe, Knill, alias Knoll, Bingsdon, Higher Oxencombe, Lower Oxencombe, and Bath Place, in the Parish of Chudleigh, in the County of Devon, in Trustees, to be sold, for Payment of the Debts wherewith they are incumbered, and other the Debts of the Petitioners George and Henry Bennett; and for laying out the Overplus of the Monies arising by such Sales in the Purchase of other Lands, to be settled on the said George and Henry Bennett, for their respective Lives, and for a Jointure for the Petitioner Marg't:

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

Horton & al. Pet. referred to Judges.

Upon reading the Petition of Mary the Wife of Thomas Horton, Esquire a Lunatic, and of Elizabeth Horton and Elinor Horton, Infants, Daughters of the said Thomas and Mary Horton; praying Leave to bring in a Bill, for vesting several Powers in the Petitioners Marriage Settlement in Trustees; and to enable the said Trustees, with the Consent of the Petitioners Mary, to execute Deeds concerning the said Powers, and to put the same in Execution, as effectually as if the said Thomas Horton was of sound Mind, and had executed Deeds for that Purpose:

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

Smith, to change his Name to Dickonson, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable John Smith Gentleman and his Heirs to take and use the Surname of Dickonson, according to the Will of John Dickonson Gentleman, deceased."

L. Craven's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming an Agreement between the Right Honourable William Lord Craven, and the Churchwardens of the Parishes of St. Clement's Danes, St. Martin's, St. James's, and St. Paul Covent Garden, within the City and Liberty of Westminster."

Adjourn.

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

DIE Lunæ, 10^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Broadalbine & al. versus E. of Caithness.

The Answer of Alexander Earl of Caithnes, to the Petition and Appeal of John Earl of Broadalbine, Sir James Sinclair of Dunbeath Baronet, and John Sinclair of Ulbster Esquire, was brought in.

Lords take the Oaths.

This Day John Duke of Greenwich Lord Steward of His Majesty's Household came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Grace having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Also, William Earl of Coventry and Hugh Lord Clinton took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Navy Debt to be laid before the House.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners of the Navy do lay before this House a State of the Navy Debt, as it stood at Michaelmas last; expressing what was then the gross Debt, and what was then in the Hands of the Treasurer of the Navy towards Payment thereof, and what was unissued from the Exchequer of the Monies given by Parliament, for the Use of the Navy, before that Time.

Address for State of the Public Debt.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, to desire, "That His Majesty would be graciously pleased to order the proper Officers to lay before this House, a State of the Public Debt (exclusive of the Navy Debt), provided or unprovided for, as it shall be found to stand on the Thirty-first of December One Thousand Seven Hundred and Twenty-one, and on the Thirty-first of December One Thousand Seven Hundred and Twenty-two; together with the Produce of the Sinking Funds in each of those Years, and how much thereof hath been applied towards finking the said Debt, and how much thereof hath been otherwise applied, and to what Uses, in each of those Years."

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

Message from H. C. with Bills; and to return Dawes's.

A Message from the House of Commons, by Sir William Milner and others:

To return the Bill, intituled, "An Act to enable Darcy Dawes Esquire, and Sarah Roundell to make Settlements, upon their Intermarriage, of their several Estates, notwithstanding their respective Minorities;" and to acquaint this House, that they have agreed to the said Bill, with some Amendments, whereunto they desire their Lordships Concurrence.

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

With a Bill, intituled, "An Act to enable William Sheppard to change his Surname of Sheppard to Hall, according to the Will of William Hall Serjeant at Law, deceased;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Sir Thomas Saunder's Sebright and others:

With a Bill, intituled, "An Act for repairing and widening the Road leading from The Black Bull, in Dunstable, in the County of Bedford, to the Way turning out of the said Road up to Shafford House, in the County of Hertford;" to which they desire the Concurrence of this House.

Loubiers, Nat. Bill.

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

Which were read Twice, and agreed to.

Murray versus Bullerwel.

Upon reading the Petition and Appeal of Alexander Murray of Broughton Esquire; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Twenty-first and Thirtieth Days of June last, and an Interlocutor of the First of this Instant December, in a Cause wherein George Bullerwel Gentleman was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said George Bullerwel 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 Seventh Day of January next; and that Service of this Order on the Respondent's Agent, or Writer, in the said Court of Session, be deemed good Service.

Adjourn.

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

DIE Mercurii, 12^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Stone versus Byrne & al.

This Day the Answer of Walter Byrne Esquire, to the Petition and Appeal of Richard Stone and Catherine his Wife, James Bryan, Benjamin Wooley and Mary his Wife, and William Yeates, was brought in.

E. of Broadalbin & al. versus E. of Caithness.

The House being moved, on the Behalf of Alexander Earl of Caithnes, Respondent to the Petition and Appeal of John Earl of Broadalbine, Sir James Sinclair Baronet, and John Sinclair Esquire, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, the First Day for hearing Causes after the intended Recess.

March. Dowager of Annandale versus Marq. of Annandale.

After hearing Counsel, in Part, upon the Petition and Appeal of Charlotta Marchioness Dowager of Annandale; complaining of several Interlocutors and Decrees of the Lords of Session in Scotland, made on the Behalf of James Marquis of Annandale; as also upon the Answer of the said Marquis put in to the said Appeal:

And being withdrawn:

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

Adjourn.

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

DIE Jovis, 13^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Papers from the Navy-office delivered.

The House being informed, "That some of the Commissioners of the Navy attended:"

They were called in; and delivered, at the Bar, the Accompt and Estimate, pursuant to their Lordships Order of Monday last.

And withdrew.

The Titles whereof were read, as follow; (videlicet,)

1. "An Accompt of what Money, given by Parliament, was unissued from the Exchequer, for the Use of the Navy, before Michaelmas last.

2. "An Estimate of the Debt of His Majesty's Navy, as it stood on the Thirtieth of September 1722, and what was then in the Hands of the Treasurer of the Navy towards Payment thereof."

March. Dowager of Annandale versus Marq. of Annandale.

The House (according to Order) proceeded to the further Hearing the Cause wherein Charlotta Marchioness Dowager of Annandale is Appellant, and James Marquis of Annandale Respondent.

And the Counsel for the Respondent having been fully heard:

And the Appellant's Counsel having replied:

And being withdrawn:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutor of the Lords of Session in Scotland, of the Fifteenth of February last, complained of in the Appeal, and so much of the Interlocutors of the said Lords, of the Twenty-seventh of the same February and Twentysixth of June last, as affirms the said former Interlocutor, be, and are hereby, reversed.

Then it was proposed, "That the latter Part of the said Interlocutor of the Twenty-second of June, whereby the Lords of Session found, "That the Deed of Restriction, made by the late Marquis of Annandale, the Fifteenth of March One Thousand Seven Hundred and Fifteen, though not registrate, is effectual both against the Appellant and her Children," be reversed."

Which being objected to;

And a Debate arising thereupon:

Ordered, That the said Debate be adjourned till To-morrow Morning.

Causes put off.

Ordered, That the Hearing the Cause wherein the Marchioness Dowager of Annandale and her Infant Children, of whom she is Guardian, are Appellants, and the present Marquis of Annandale is Respondent, which was appointed to be heard To-morrow, be adjourned to Monday next; and that the arguing the Errors assigned upon the Two Writs of Error appointed for that Day be adjourned to Wednesday Morning next.

Adjourn.

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

DIE Veneris, 14^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Marchioness Dowager of Annandale versus Marquis of Annandale.

The House (according to Order) resumed the adjourned Debate of Yesterday, which then arose, on giving Judgement on the latter Part of the Interlocutor of the Lords of Session, of the Twenty-second of June last.

And, after further Debate thereupon;

The same was ordered and adjudged to be affirmed.

Then it was proposed, "That so much of the Interlocutor of the Twenty-seventh of February last, whereby the Lords of Session found, "That, by the Deed of Restriction aforementioned, the Faculty reserved in the Writ of Tailzie, made by the late Marquis, in the Year One Thousand Six Hundred and Ninety, was, in all Events, restricted to One Hundred Thousand Pounds Scotts, for Provision to a Second Lady and Younger Children; and that the Appellant's Interest therein cannot exceed the Annual Rent of One Hundred Thousand Pounds Scotts," should be reversed."

And, after due Consideration had thereof, the same was ordered and adjudged to be reversed accordingly.

After which, several Propositions being made, touching the further Judgement to be given in this Case;

And a Debate arising thereupon:

Ordered, That the said Debate be adjourned till To-morrow Morning.

Haldane and Dundas versus Dean and Faculty of Advocates.

Whereas To-morrow is appointed, for hearing Counsel on both Sides, to this Point only, "Whether the Matter complained of in the Petition of Mr. Patrick Haldane and Robert Dundas Esquire be proper to be determined by this House, upon an Appeal:"

It is Ordered, That this House will hear Counsel on both Sides, to that Point, on Monday next; and the Lords to be summoned; and that the Cause appointed for that Day be heard on Wednesday; and the arguing the Errors assigned upon the Two Writs of Error be heard on the Friday following.

Adjourn.

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

DIE Sabbati, 15^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Willoughby Broke takes the Oaths.

This Day George Lord Willoughby of Broke came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Marchioness Dowager of Annandale versus

Marquis of Annandale.

The House (according to Order) resumed the adjourned Debate Yesterday, in relation to the further Judgement to be given in the Cause wherein the Mar chioness Dowager of Annandale is Appellant, and the Marquis of Annandale Respondent.

And the Deed of Restriction aforementioned, as also the Bond of Provision given by the late Marquis for the Benefit of the Appellant, being read;

And Debate had touching the same:

The Question was put, "Whether the Appellant's Life-rent of One Thousand Pounds Sterling per Annum shall be paid to her, according to the Bond of Provision thereof?"

It was Resolved in the Negative.

Then, after due Consideration had touching the further Judgement to be given in this Cause, it is Declared and Adjudged, That the Appellant's Life-rent of One Thousand Pounds per Annum is a Charge on the Estate, until she has drawn thereout One Hundred Thousand Pounds Scotts, with Interest thereof, from the Decease of the late Marquis, and no longer; and that the said One Thousand Pounds per Annum be accordingly paid to the said Appellant, at the respective Terms appointed for Payment thereof in her Bond of Provision, with Interest, to be computed for such Part thereof as is now in Arrear from the Times the same ought to have been paid, until the same shall be paid: And it is further Ordered, That the Lords of Session do direct proper Diligences, both Personal and Real, for the Appellant's Recovery of the Arrears of the said Annuity; and all future Payments thereof, Yearly and Termly, as the same shall fall due; together with the Interest for the aforementioned Arrears, from the Time at which the same became due, until they shall be satisfied.

The entire Judgement in this Cause, as read in the House, and approved of, is as follows:

Judgement.

"After hearing Counsel, on Wednesday and Thursday last, upon the Petition and Appeal of Charlotta Marchioness Dowager of Annandale; complaining of several Interlocutors and Decrees of the Lords of Session in Scotland, of the Fifteenth and Twentyseventh of February and Twenty-sixth of June last, made on the Behalf of James Marquis of Annandale; and praying, that the same may be reversed; as also upon the Answer of the said Marquis put in to the said Appeal; and due Consideration, and Debate, had of what was offered on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor, of the said Fifteenth of February, complained of in the said Appeal, and so much of the said Two other Interlocutors complained of as affirms the First Interlocutor, be, and are hereby, reversed: And it is further Ordered and Adjudged, That so much of the said Interlocutor of the Twenty-sixth of June, whereby the Lords of Session found, "That the Deed of Restriction made by the late Marquis of Annandale, the Fifteenth of March One Thousand Seven Hundred and Fifteen, though not registrate, is efféctual both against the Appellant and her Children," be, and is hereby, affirmed: And it is further Ordered and Adjudged, That so much of the said Interlocutor of the Twenty-seventh of February, whereby the Lords of Session found, "That, by the said Deed of Restriction, made by the late Marquis in One Thousand Seven Hundred and Fifteen, the Faculty reserved in the Writ of Tailzie, made by him in the Year One Thousand Six Hundred and Ninety, was, in all Events, restricted to One Hundred Thousand Pounds Scotts, for Provision to a Second Lady and Younger Children; and that the Appellant's Interest therein cannot exceed the Annual Rent of One Hundred Thousand Pounds Scotts," be, and is hereby, reversed: And it is hereby further Declared and Adjudged, That the Appellant's Liferent of One Thousand Pounds per Annum is a Charge on the Estate, until she has drawn thereout One Hundred Thousand Pounds Scotts, with Interest thereof from the Decease of the said late Marquis, and no longer; and that the said One Thousand Pounds per Annum be accordingly paid to the said Appellant, at the respective Terms appointed for Payment thereof in her Bond of Provision, with Interest, to be computed for such Part thereof as is now in Arrear, from the Times the same ought to have been paid, until the same shall be paid: And it is further Ordered, That the Lords of Session do direct proper Diligences, both Personal and Real, for the Appellant's Recovery of the Arrears of the said Annuity, and all future Payments thereof, Yearly and Termly, as the same shall fall due, together with the Interest for the aforementioned Arrears, from the Times at which the same became due, until they shall be satisfied."

Dawes's Bill.

The House took into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act to enable Darcy Dawes Esquire and Sarah Roundell to make Settlements, upon their Intermarriage, of their several Estates, notwithstanding their respective Minorities."

And the same, being read Twice, were agreed to.

Message to H. C. that the Lords agree to Amendments to it.

And a Message was sent to the House of Commons, by Mr. Fellowes and Mr. Holford, to acquaint them therewith.

Thomson versus Harcourt.

Upon reading the Petition and Appeal of Henry Thomson Esquire; complaining of a Decree of the Court of Exchequer, made the Twenty-ninth of November last, in certain Causes, wherein Richard Harcourt Esquire was Plaintiff, and the Petitioner Defendant, et è contra; and praying, "That the same may be set aside, reversed, and altered, and the Petitioner relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Harcourt may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Saturday the Twentyninth Day of this Instant December; and that Service of this Order on the Respondent's Attorney, or Agent, in the said Court of Exchequer, be deemed good Service.

Adjourn.

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

DIE Lunæ, 17^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Land Tax Bill.

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

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

Then the said Bill was read the First Time.

Haldane and Dundas versus Dean and Faculty of Advocates.

Counsel (according to Order) were called in, to be heard to this Point only, "Whether the Matter complained of in the Petition of Mr. Patrick Haldane and Robert Dundas Esquire be proper to be determined by this House, upon an Appeal?"

And the Counsel for the Petitioners being heard in Part:

They were directed to withdraw.

And being withdrawn:

It is Ordered, That Counsel be further heard to this Matter To-morrow, at Twelve a Clock precisely; and the Lords to be summoned, with Notice of the Occasion.

Fotheringham versus Espinosa:

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, wherein David Fothringham is Plaintiff, and Moses Espinosa is Defendant:"

Errors to be argued.

It is Ordered, That this House will hear the said Errors argued by Counsel, at the Bar, the Second Day for hearing Causes after the intended Recess.

Commissioners of forfeited Estates versus Maxwell.

A Petition and Appeal of the Commissioners and Trustees of the forfeited Estates; complaining of a Decree of the Court of Delegates in Scotland, of the Twenty-third of November last, made on the Behalf of William Maxwell, Son of William late Earl of Nithsdale, attainted:

Commissioners of forfeited Estates versus Preston.

Also, a Petition and Appeal of the said Commissioners and Trustees of the forfeited Estates; complaining of a Decree of the Court of Delegates, of the Twenty-third of November last, made on the Behalf of John Preston, Son of the late Sir John Preston, attainted:

Were severally presented to the House; and severally ordered to lie on the Table.

Adjourn.

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

Die Sabbati, 15^o Februarii, 1723, hitherto examined by us,

Sutherland.
Hu. Bristol.
Jo. Norwich.
De Lawarr.

DIE Martis, 18^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mckenzies versus Mackilligins.

This Day the Answer of Mr. Daniel and Mr. John Mackilligins, Ministers of the Gopsel at Alness, Respondents to the Petition and Appeal of Kenneth M^ckenzie and others, was brought in.

Earl Orford takes the Oaths.

Edward Earl of Orford came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Stone & al. versus Byrne.

The House being moved, on the Behalf of Richard Stone Esquire, Catherine his Wife, and others, Appellants, in a Cause depending in this House, to which Walter Byrne Esquire is Respondent, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, the Third Day for hearing Causes after the intended Recess.

Loubier's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Anthony Loubier and Henry Loubier."

The Question was put, "Whether this Bill, with the Amendments, 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. Fellowes and Mr. Holford:

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

Bedfordshire and Hertfordshire Roads, to repair, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road leading from The Black Bull in Dunstable, in the County of Bedford, to the Way turning out of the said Road up to Shafford House, in the County of Hertford."

Sweet versus Anderson:

The House being informed, "That William Lee attended, on the Behalf of Alexander Anderson Esquire, Respondent to the Petition and Appeal of Stephen Sweet Esquire, with several Pleadings and Proceedings to be made Use of on hearing the said Cause; and that the said Lee, being obliged to be absent, desired now to prove the same to be true Copies:"

Pleadings proved.

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

And withdrew.

Land Tax Bill.

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

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

The House was adjourned during Pleasure.

The House was resumed.

Haldane and Dundas versus Dean and Faculty of Advocates.

Counsel (according to Order) were called in, to be further heard, to this Point only, "Whether the Matter complained of in the Petition of Mr. Patrick Haldane and Robert Dundas Esquire be proper to be determined by this House, upon an Appeal:"

And the Counsel for the Petitioners, as also for the Dean and Faculty of Advocates, being heard accordingly:

And the Petitioners Counsel having replied:

They were directed to withdraw.

And being withdrawn:

It is Ordered, That the further Consideration of this Matter be adjourned till To-morrow, at Two a Clock; and that the Hearing the Cause wherein the Marchioness Dowager of Annandale and her Children are Appellants, and the Marquis of Annandale is Respondent, which was appointed for that Day, be heard on Friday next; and that the other Causes be removed in Course.

King's Answer to Address concerning the Public Debt.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, with their Lordships Address of the Tenth Instant, for a State of the Public Debt (exclusive of the Debt of the Navy) to be laid before the House; and that His Majesty had been graciously pleased to give Directions accordingly."

Navy Debt, to the 30th Instant, to be laid before the House.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners of the Navy do lay before this House a State of the Navy Debt, as it shall stand on the Thirtieth of December next; expressing what shall then be the gross Debt, and what shall then be in the Hands of the Treasurer of the Navy towards Payment thereof, and what shall be issued from the Exchequer of the Money given by Parliament, for the Use of the Navy, before that Time.

South Sea Company versus Curzon:

Upon reading the Petition and Appeal of the Governor and Company of Merchants of Great Britain trading to The South Sea and other Parts of America, and for encouraging the Fishery, &c., complaining of an Order of Dismission made in the Court of Exchequer, the Seventeenth Day of November last, in a Cause wherein the Petitioners were Plaintiffs, and Eleanor Curzon was Defendant; and praying, "That the said Order may be reversed, and the Defendant obliged to answer the Petitioners Bill in the said Court of Exchequer:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Eleanor Curzon may have a Copy of the said Appeal; and shall and she is hereby required to put in her Answer thereunto, in Writing, on or before Tuesday the First Day of January next; and that Service of this Order on the Respondents Attorney, or Agent, in the said Court of Exchequer, be deemed good Service.

Clarke to enter into Recognizance for South Sea Company.

The House being moved, "That Samuel Clarke, the South Sea Company's Solicitor, may be permitted to enter into a Recognizance for the said Company, on Account of their said Appeal:"

It is Ordered, That the said Samuel Clarke may enter into a Recognizance for the said Company, as desired.

Gower & al. Petition referred to Judges.

Upon reading the Petition of William Gower the Elder, and William Gower the Younger, the only Child of William Gower the Elder, and Thomas Hawkins, for and on the Behalf of his Sons Edward Thomas Hawkins and John Hawkins, both Infants under the Age of One and Twenty Years; praying Leave to bring in a Bill, for Sale of the Manor of Queenhill, in the County of Worcester; and for applying the Money arising thereby for the Purposes in the Petition mentioned; and for settling the Manors and Premises charged with the Debts of John Gower Esquire deceased, to the same Uses as the Residue of the said Manor of Queenhill will be subject to, in case only the Sum of Five Thousand Pounds was thereout raised:

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

The House being moved, "That the Two Appeals of the Commissioners and Trustees of the forfeited Estates, which were Yesterday ordered to lie on the Table, may be read:"

The same were read accordingly.

And the following Orders were made; (videlicet,)

Commissioners of forfeited Estates versus Maxwell.

"Upon reading the Petition and Appeal of the Commissioners and Trustees of the forfeited Estates; complaining of a Decree of the Court of Delegates in Scotland, of the Three and Twentieth of November last, made on the Behalf of William Maxwell, Son of William late Earl of Nithsdale, attainted; and praying, that the same may be reversed; and that the Judgement and Decree given by the Petitioners may be affirmed: It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Maxwell 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 Tuesday the Fifteenth Day of January next; and that Service of this Order on the Respondents Procurators, or any of them, in the said Court of Delegates, be deemed good Service."

Commissioners forfeited Estates versus Preston.

"Upon reading the Petition and Appeal of the Commissioners and Trustees of the forfeited Estates; complaining of a Decree of the Court of Delegates in Scotland, of the Three and Twentieth of November last, made on the Behalf of John Preston, Son of the late Sir John Preston attainted; and praying, that the same may be reversed; and that the Judgement and Decree given by the Petitioners may be affirmed: It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Preston 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 Tuesday the Fifteenth Day of January next; and that Service of this Order on the Respondents Procurators, or any of them, in the said Court of Delegates, be deemed good Service."

Basket versus Travers, in Error.

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon the Second Writ of Error depending in this House, wherein John Baskett is Plaintiff, and James Travers is Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, the same Day the Errors assigned upon the First Writ of Error between the said Parties are to be argued.

Adjourn.

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

DIE Mercurii, 19^o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

M^ckenzie & al. versus Mackilligins.

The House being moved, on the Behalf of Mr. Daniel and Mr. John Mackilligins, Respondents to the Petition and Appeal of Mr. Kenneth M^ckenzie and others, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, the Fourth Day for hearing Causes after the intended Recess.

Land Tax Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred Twenty-three."

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

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

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

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. Fellowes and Mr. Holford:

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

Earl Coningesby's Privilege:

Complaint being this Day made to the House, of a Breach of Privilege, committed by Creswell Hunt, in keeping Mr. John Chamberlain, Rector of Humber, in the County of Hereford, out of Possession of a Chapel, in the Parish of Pencham, in the said County, belonging to the Right Honourable Thomas Earl Coningesby:

Thereupon the said John Chamberlain was called in; and examined upon Oath, at the Bar, in relation to the said Complaint.

And the Standing Orders relating to Privilege being read:

Hunt to attend, for keeping Chamberlain out of Possession of a Chapel.

It is Ordered, That the said Creswell Hunt do attend this House on Wednesday the Sixteenth Day of January next, to answer the Matter of the said Complaint.

Watts to change his Name to Saint Nicholas, Bill.

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

With a Bill, intituled, "An Act to enable Timothy Watts, of Burbage, in the County of Leicester, Esquire, and his Heirs, to change and alter their Names to Saint Nicholas, according to the Will of Bazill Saint Nicholas, of Knowle, in the County of Warwick, Esquire, deceased;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

Bedfordshire and Hertfordshire Roads, to repair, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road leading from The Black Bull in Dunstable, in the County of Bedford, to the Way turning out of the said Road up to Shafford House, in the County of Hertford."

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

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

Creswell's Petition referred to Judges.

Upon reading the Petition of Richard Creswell Esquire, in Behalf of himself and Richard Estcourt Creswell and Thomas Creswell his Sons, both under the Age of One and Twenty Years; praying Leave to bring in a Bill, for vesting certain Manors and Premises, in the County of Wilts, late the Estate of Thomas Estcourt Esquire, deceased, undisposed of by the Trustees mentioned in his Will, in Trustees, to be sold, for Payment of his Debts, and other Purposes in the Petition mentioned:

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

Sheppard to change his Name to Hall, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable William Sheppard to change the Surname of Sheppard to Hall, according to the Will of William Hall, Serjeant at Law, deceased."

Bonnet & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of George Bennet Gentleman and Joane Bennet his only surviving Sister, 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 in Trustees the Estates of George Bennet Gentleman, and of Henry Bennet his only Son and Heir, in the County of Devon, to be sold, for the Purposes therein mentioned."

M^cpherson versus M^cpherson.

The House being moved, on the Behalf of John M'pherson of Dallrady, Respondent to the Petition and Appeal of James M^cpherson Younger of Killiebuntlie, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, the Fifth Day for hearing Causes after the intended Recess.

Message from H. C. to return Loubiers' Nat. Bill.

A Message from the House of Commons, by Sir Thomas Johnson and others:

To return the Bill, intituled, "An Act for naturalizing John Anthony Loubier and Henry Loubier;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Smith to change his Name to Dickonson, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Smith Gentleman and his Heirs to take and use the Surname of Dickonson, according to the Will of John Dickonson Gentleman, deceased."

Ordered, That the beforementioned Bill be committed to the Consideration of the same Lords Committees to whom the Bill for repairing and widening the Dunstable Road stands referred:

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

Steil versus Harper.

Upon reading the Petition and Appeal of Mr. William Steil of Liquo; complaining of Two Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Twenty-fourth of November last and Sixth of this Instant December, in a Cause wherein John Harper of Hartwoodhill and Robert Houstoun Doctor in Physic were Plaintiffs, and the Petitioner Defendant; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Harper and Robert Houstoun 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 Sixteenth Day of January next; and that Service of this Order on the Respondent's Writer, or Agent, in the said Court of Session, be deemed good Service.

E. Sutherland & al. versus Grant and Duff.

The House being moved, on the Behalf of James Grant and William Duff Esquires, Respondents to the Petition and Appeal of John Earl of Sutherland, and Mr. Charles, Mr. George, Mrs. Hellen, and Mrs. Janet Sutherland, Children to the deceased William Lord Strathnaver, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, the Sixth Day for hearing Causes after the intended Recess.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King presents.

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

Who being come, with their Speaker;

He, after a short Introduction, in relation to the Land Tax Bill to be passed, delivered the same to the Clerk Assistant, in the Absence of the Clerk of the Parliaments; who brought it to the Table; where the Clerk of the Crown read the Title of that and the Titles of the other Bills to be passed, severally, as follow; (videlicet,)

Bills passed.

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

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

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

"2. An Act to enable Darcy Dawes Esquire and Sarah Roundell to make Settlements, upon their Intermarriage, of their several Estates, notwithstanding their respective Minorities."

"3. An Act for naturalizing Luder Mello, Benjamin Berckenhout, and others."

"4. An Act for naturalizing John Anthony Loubier, Henry Loubier, and others."

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

"Soit fait comme il est desiré."

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

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Haldane and Dundas versus Deap and Faculty of Advocates.

The Order of the Day being read, for taking into Consideration, "Whether the Matter complained of in the Petition of Mr. Patrick Haldane and Robert Dundas Esquire be proper to be determined by this House, upon an Appeal:"

And the several Proceedings out of the Journal in 1709, upon the Petition and Appeal of James Greenshiclds Clerk, being read:

And after long Debate:

A Motion was made,

And the Question was put, "That it is the Opinion of this House, That the Matter complained of in the Petition of Mr. Patrick Haldane and Robert Dundas Esquire is proper to be determined by this House, upon an Appeal?"

It was Resolved in the Affirmative.

Ordered, That this House will hear the Cause wherein Mr. Patrick Haldane Advocate and Robert Dundas Esquire, His Majesty's Advocate for Scotland, in Behalf of the Crown, are Appellants, and the Dean and Faculty of Advocates are Respondents, on Thursday the Seventeenth Day of January next, at Eleven a Clock.

Adjourn.

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

DIE Veneris, 21^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bedfordshire and Hertfordshire Road, to repair, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road leading from The Black Bull in Dunstable, in the County of Bedford, to the Way turning out of the said Road up to Shafford House, in the County of Hertford," was committed: That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Lord Bingley's Privilege:

Complaint being this Day made to the House, of a Breach of Privilege, committed by Laurence Shaw, a Bailiff, in arresting and detaining in Custody Joseph Maud, Steward to the Right Honourable Robert Lord Bingley, a Member of this House, at the Suit of Thomas Fell, of Hunsletr Hall, in the County of Yorke, Gentleman, within the Time of Privilege of Parliament, notwithstanding the said Shaw and Fell both know the said Maud to be his Lordship's menial Servant:

Shaw and Fell to at end, for attending Mand, his Servant.

It is Ordered, That the said Laurence Shaw and Thomas Fell do attend this House on Thursday the Seventeenth Day of January next, to answer the Matter of the said Complaint.

Marchioness Dowager of Annandale and Children versus Marquis of Anandale:

After hearing Counsel, upon the Petition and Appeal of Charlotta Marchioness Dowager of Annandale, and Lords George and John Johnstoun her Children, Infants, by their Mother and Guardian; complaining of a Decree of the Lords of Session in Scotland, of the Seventeenth of July last, made on the Behalf of James Marquis of Annandale; and praying, "That the same may be reversed:" As also upon the Answer of the said Marquis put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Interlocutor complained of in the said Appeal, whereby the Lords of Session found "the Allocation by the late Marquis of Annandale, in Favours of the Respondent, was revocable only by a Deed under the deceased Marquis's Hand; and that neither the putting the Allocate Lands in the Rentalls given to Mr. Henderson, and his accompting to the late Marquis or his Commissioners for the same, nor the Letter to the said Henderson, were sufficient to inser a Revocation," be, and is hereby, affirmed: And it is further Ordered and Adjudged, That the rest of the said Interlocutor be, and is hereby, reversed: And it is hereby further Declared and Adjudged, That the said Deed of Revocation, bearing Date the Twelfth Day of May One Thousand Seven Hundred and Eighteen, do take Place from the said Date.

L. Craven's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming an Agreement between the Right Honourable W'm Lord Craven, and the Churchwardens of the Parishes of St. Clement's Danes, St, Martin's, St. James's, and St. Paul Covent Garden, within the City and Liberty of Westminster."

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

Whadcock, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Simon Whadcock, Humphry Whadcock his Son, Richard Fowler Esquire, and Dorothy 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.

Bennett's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Estates of George Bennett Gentleman, and of Henry Bennett his only Son and Heir, in the County of Devon, to be sold, for the Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom the Lord Craven's Bill stands referred:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum septimum diem Januarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.