House of Lords Journal Volume 22: February 1726, 21-28

February 1726, 21-28

DIE Lunæ, 21^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Land Tax Bill.

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

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

The said Bill was read the First Time.

His Majesty's Answer to Address reported.

The Lord Chancellor reported, "That the House did, on Friday last, present to His Majesty their humble Address; and His Majesty was pleased to return this most Gracious Answer; (videlicet,)

"My Lords,

"I thank you kindly for this most seasonable and loyal Address: The true Concern you shew for your Country is no less acceptable to Me, than the Regard you express for My Honour. The Assurances you give Me, in relation to My Territories Abroad, will, I am persuaded, contribute very much to the preserving the Public Peace of Europe; and you may depend upon my making no other Use of that Considence which is so firmly established between us, than to maintain and promote the Welfare of this Kingdom."

Ordered, That the Address of this House presented to His Majesty, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Witnesses to attend, Compton Basset Common Bill.

Ordered, That William Bond of Compton Basset Labourer, and James Taylor of Calne Gardener, do attend, as Witnesses, to be examined before the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing, or holding in Severalty, the Common Field, within the Parish of Compton Basset, in the County of Wilts," stands committed: Which Committee stands adjourned to Wednesday the Second Day of March next.

Jeffery & al. Pet referred to Judges.

Upon reading the Petition of Thomas Jeffery of the City of Exeter Merchant and Susanna his Wife, and of Thomas, Bartholomew, George, Samuel, Susanna, and Jane Jeffery, Children of the said Thomas Jeffery and Susanna his Wife; praying Leave to bring in a Bill, for Sale of the Manor of Warkleigh, and Lands thereto belonging, in the County of Devon; and for applying the Money arising by Sale thereof for the Purposes mentioned in the said Petition:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Tracy and Mr. Justice Powys; with the usual Directions, according to the Standing Orders.

Trinity House versus Noble:

Whereas there is an Appeal depending in this House, wherein the Master, Wardens, and Assistants, of the Corporation of Trinity House are Appellants, and Maltis Ryall and George Noble are Respondents; complaining of a Decree of the Court of Chancery:

And the House being this Day moved, "That Service of their Lordships Order on the Respondent Noble's Clerk in the said Court be deemed good Service; he being a Sea-faring Man, and not to be found:"

And thereupon an Affidavit made by John Bourchier touching the same being read:

Service on the Respondent's Clerk in Court to be valid.

It is Ordered, That Service of the Order of this House on the said Noble's Clerk in Court, for answering the said Appeal, be deemed good Service, as desired; and he is hereby required to put in an Answer thereunto, in Writing, on or before Monday the Seventh Day of March next.

Bayly's Pet. referred to Judges.

Upon reading the Petition of Zachary Bayly Gentleman and Mercy his Wife, on the Behalf of themselves, and of Joseph, Jane, Mercy, and Elizabeth Bayly, their Infant Children; praying Leave to bring in a Bill, to discharge certain Uses and Estates of several Closes and Lands in West Harnham, in the County of Wilts; and to settle a Messuage and Lands in the Parish of Westbury, in the said County, and a Messuage and Lands in Norwood Park, near Glaston in the County of Somerset, of greater Yearly Value, in Lieu thereof:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Tracy and Mr. Justice Fortescue; with the usual Directions, according to the Standing Orders.

Mr. Workman's Pet. to receive Dame's Appeal.

Upon reading the Petition of William Workman; setting forth, "That Mr. John Warring, who brought the Pleadings and several Papers to the Petitioner, in a Cause lately depending in the Court of Chancery in Ireland, wherein Elizabeth Dames was Plaintiff, and John Dames and others were Defendants, in order to get an Appeal drawn in Behalf of the Defendant Dames, from certain Orders of the said Court; that the said Warring was prevented by the late Frosts and violent Floods from arriving here until the Time for receiving Appeals was expired;" and praying, "That the said Appeal may be now received."

And thereupon the Petitioner was called in; and examined, upon Oath, touching the Allegations of the said Petition.

It is Ordered, That the said Appeal be received, as desired.

Cowper Cler. Parl. and Reynell.

Ordered, That the Committee for Privileges do peremptorily sit on this Day Sevennight, to take into Consideration the Petition of William Cowper Esquire, Clerk of the Parliaments; as also the Petition of Charles Reynell, to them referred.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army, and their Quarters;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for granting to His Majesty the Sum of One Million, to be raised by Way of a Lottery;" to which they desire the Concurrence of this House.

Brown & al. versus Gibbins:

After hearing Counsel, upon the Petition and Appeal of Henry Brown, Jude Clarkson, Humphrey Drew, Andrew Davis, John Wardell, and Thomas Lloyd; complaining of a Decree of the Master of the Rolls, the Twenty-eighth of February 1722, and the Affirmance thereof by the late Lord Chancellor, the Ninth of May 1724, and an Order made by the late Lords Commissioners for the Custody of the Great Seal, the Eighth Day of March last, over ruling the Exception to the Master's Report, made the Sixteenth of November 1724, in a Cause wherein Richard Gibbins was Plaintiff, and the Appellants and others were Defendants; and praying, "That the same may be reversed, and the Plaintiffs Bill dismissed with Costs:" As also upon the Answer of the said Richard Gibbins 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, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree, Affirmance, and Order, therein complained of, be, and the same are hereby, affirmed.

Mutiny Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

Lottery Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for granting to His Majesty the Sum of One Million, to be raised by Way of a Lottery."

Rainsford's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Trustees of Edward Ransford Esquire to make Leases of certain Messuages, Houses, and Plots of Ground, in and near the City of Dublin."

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

Leave given to prorest till To morrow.

Ordered, That, in regard this House did not continue sitting till Two a Clock on Friday last, such Lords as voted for an Addition to the Resolution for the Address to His Majesty the Day before, or were against agreeing to the said Resolution, and Address thereupon, have Liberty to enter their Protests at any Time before To-morrow at Two of the Clock.

Paragraphs in The Daily Comant complained of.

Complaint was made to the House, of several Paragraphs in the News Paper, intituled, "The Daily Courant, Monday, February 14th, 1726," as containing many false and scandalous Assertions, highly reflecting on the Honour of His Sacred Majesty, and tending to create Dissatisfaction in the Minds of His Majesty's Subjects.

Which Paragraphs were read by the Clerk.

And it being moved, "To adjourn till To-morrow:"

After Debate;

The Question was put, "Whether this House shall be now adjourned till To-morrow, at Eleven a Clock?"

It was Resolved in the Affirmative.

Accordingly,

Adjourn.

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

DIE Martis, 22^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Prowse against Foot.

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 Prowse Gentleman is Plaintiff, and Samuel Foot Esquire is Defendant:"

Errors to be argued.

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

The King against Herle.

The House being also moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error wherein the King is Plaintiff, and John Herle Esquire is Defendant:"

Errors to be argued.

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

Pender against the King. Errors to be argued.

The like Order, for arguing the Errors assigned upon the Writ of Error depending in this House, wherein Peter Pender Gentleman is Plaintiff, and the King is Defendant, on the said Eighteenth Day of March next.

Mr. Carpenter Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of George Carpenter Esquire and Elizabeth his Wife, Daughter of David Petty of London Merchant, and of the said David Petty, 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 rectify a Mistake in the Settlement made on the the Marriage of the Honourable George Carpenter Esquire with Elizabeth his now Wife."

Mr. Cowper to be heard by Counsel against Reynell's Petition.

Ordered, That Mr. Cowper be at Liberty to be heard, by his Counsel, before the Lords Committees for Privileges, against the Petition of Charles Reynell, referred to the said Committee.

Ld. Saltoun versus Fraser.

The House being moved, "That the Hearing the Cause wherein Alexander Lord Saltoun is Appellant, and Mr. William Fraser is Respondent, which stands appointed for Friday next, may be put off for some Time, the Parties being upon a Treaty for an Accommodation:"

And thereupon the Agents on both Sides being called in, and severally declaring their Consents thereunto:

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

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-six."

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

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

After some Time spent therein, the House was resumed.

And the Lord Delawarr 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."

Lottery Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting to His Majesty the Sum of One Million, to be raised by Way of a Lottery."

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

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

After some Time spent therein, the House was resumed.

And the Lord Delawarr 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."

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

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

After some Time spent therein, the House was resumed.

And the Lord Delawarr 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."

Nisbet versus Nisbet et al.

Upon reading the Petition and Appeal of William Nisbet of Dirleton Esquire; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Day of July, the Day of November, and the Eighteenth of January last, and the Eighth and Eleventh Days of this Instant February, made on the Behalf of Janet Nisbet, Jane Nisbet, and Willielma Nisbet, Daughters of William Nisbet of Dirlcton deceased; David Erskine of Dun One of the Senators of the College of Justice, Sir John Hume of Blackadder, Sir James Campbell of Aberruchill, Collin Campbell Younger of Aberruchill Advocate, John Scot Younger of Ancrum, and James Hume Brother to the said Sir John Hume, their Tutors; and praying, "That the same may be reversed:"

It is Ordered, That the said Janet, Jane, and Willielma Nisbet, and their said Tutors, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Two and Twentieth Day of March next; and that Service of this Order on the Respondents Agent or Writer in the Court of Session in Scotland be deemed good Service.

Dames versus Dames.

Upon reading the Petition and Appeal of John Dames; complaining of Two Decrees, or Decretal Orders, of the Court of Chancery in Ireland, of the Nineteenth of February 1724, and Two and Twentieth of April last, and all subsequent Orders and Proceedings thereupon, in a Cause wherein Elizabeth Dames Widow was Plaintiff, and the Petitioner and others were Defendants; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed with Costs:"

It is Ordered, That the said Elizabeth Dames may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Tuesday the Twenty-ninth Day of March next.

Bubnell Common to enclose, Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing several Common Fields, in the Parish of Bubnell, alias Bobenhull, in the County of Warwick," was committed: "That they had gone through the said Bill, and made some Amendments thereunto."

Which, being read Twice by the Clerk, were agreed to by the House.

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

Gentleman Usher's Representation touching Delinquents in Custods, till the End of last Session, and others not apprehended.

Upon reading the humble Representation of Sir William Sanderson Knight and Baronet, Gentleman Usher of the Black Rod; setting forth, "That Thomas Tooke an Attorney, Robert Tranter, and William Gale, were taken into Custody for Breaches of Privilege, and continued till the End of the last Sessions; and that Richard Luckin, Philip Lassells, Owner, and Mason, were also ordered into Custody, but absconded, and could never yet be taken;" and praying, "That this House will make such Order in the Premises as shall be thought meet:"

It is Ordered, That the said Gentleman Usher of the Black Rod do forthwith attach the Bodies of the said Thomas Tooke, Robert Tranter, William Gale, Richard Luckin, Philip Lossells, Owner, and Mason; and keep them in safe Custody till further Order of this House.

Committee appointed to examine what Fees are taken by the Officers of the House.

Lords Committees appointed to examine what Fees the Officers of this House have a Right to take or demand, for any Proceedings before their Lordships, or any Committee of the House, upon Bills or Proceedings in Judicature; and that the said Officers lay before the Committee the Authority by which they claim such Fees; and report to the House; (vdelicet,)

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

E. of Carlisle et al. to enclose Grounds in Yorkshire.

Upon reading the Petition of Charles Earl of Carlisle, Lord of the Manors of Fandgfoss, alias Fangfoss cum Spittle, and Scagglethorp, in the County of York, the Honourable Henry Finch Dean of the Cathedral and Metropolitical Church of St. Peter's in York, Richard Burton Clerk, and others, together with the Master, Fellows, and Scholars, of St. John's College in Cambridge, and John Nottingham, Terre-Tenants and Owners of Grounds and Lands in Fangfoss aforesaid; and also of Samuel Baker Rector of the Parish of Settrington, Dame Dorothy Legard, Barnabas Legard, and others, TerreTenants and Owners of Lands and Grounds within the said Manor of Scagglethorp; praying Leave to bring in a Bill, to confirm an Agreement and certain Awards, for making a Partition, Division, and Allotment, of several Common Fields, Lands, and Grounds, in the said Manors of Fangfoss and Scagglethorp, in the said County of York:

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

Alrewas Hay Chace to dischace, Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for dischaceing and disfranchising the Chace of Alrewas Hay, in the County of Stafford; and for the empowering John Turton Esquire, Owner thereof, to enclose a Part of such Chace, and for other Purposes in the said Act mentioned," was committed: "That they had gone through the said Bill, and made some Amendments thereunto."

Which, being read Twice by the Clerk, were agreed to by the House.

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

Wilmot et al. versus Brand et al.

Upon reading the Petition and Appeal of John Wilmott, Jonathan Welch, and Thomas Alsop; complaining of a Decree of the Court of Chancery, made by the Master of the Rolls, the Two and Twentieth Day of February in the Eleventh Year of His Majesty's Reign, in a Cause wherein the Petitioners were Plaintiffs, and Thomas Brand, George Wingfield, Henry Vere Graham, Abel Wilkinson, James Plume Executor of James Isaacson, deceased, and others, were Defendants; and praying, "That the same may be rectified:"

It is Ordered, That the said Thomas Brand, George Wingfield, Henry Vere Graham, Abel Wilkinson, and James Plume, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Eighth Day of March next; and that Service of this Order on the Respondents Clerk or Clerks in the said Court of Chancery be deemed good Service.

Adjourn.

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

Die Jovis, 26^o Januarii, 1726, hitherto examined by us,

Jo. Carliol.
Jo. Norwich.
De Lawarr.

DIE Jovis, 24^o Februarii.

REX

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Lady Houstoun versus Sir John Schaw.

The Answer of Sir John Schaw of Greenock Baronet, to the Appeal of Dame Margaret Schaw, alias Houstoun:

Sir John Rushout versus Rushout et al.

Also, the Answer of Sir Rushout Cullen, to the Appeal of Sir John Rushout Baronet:

Also, the Answer of Anna Freeman, the Widow and Administratrix of Richard Freeman Esquire, deceased, to the Appeal of Sir John Rushout Baronet:

Marriott versus Marriott.

As also, the Answer of Richard Marriott and Benjamin Marriott Gentlemen, to the Appeal of Kimbra Marriott Widow, were brought in this Day.

Land Tax Bill:

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 Thousand Seven Hundred Twenty-six."

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

It was Resolved in the Affirmative.

Lottery Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting to His Majesty the Sum of One Million, to be raised by Way of a Lottery."

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

It was Resolved in the Affirmative.

Mutiny Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills.

And Messages were severally sent to the House of Commons, by Mr. Lightboun and Mr. Conway:

To acquaint them, that the Lords have agreed to the Three last mentioned Bills, without any Amendment.

Sir Alexander Cumming to amend Appeal.

Upon reading the Petition of Sir Alexander Cumming Baronet; praying Liberty to amend his Appeal depending in this House, to which James Ferguson Esquire is Respondent, with respect to the Dates of the Interlocutories complained of; the Petitioner being willing to amend the Respondent's Copy:

It is Ordered, That the Petitioner be at Liberty to amend the said Appeal, as desired; and do amend the said Respondent's Copy forthwith.

Alrewas Hay Chace to dischace, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for dischaceing and disfranchising the Chace of Alrewas Hay, in the County of Stafford; and for the empowering John Turton Esquire, Owner thereof, to enclose a Part of such Chace; and for other Purposes in the said Act mentioned."

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

It was Resolved in the Affirmative.

Bubnell Common to enclose, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing several Common Fields, in the Parish of Bubnell, alias Bobenhull, in the County of Warwick."

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

It was Resolved in the Affirmative.

Messages to H. C. with the Two preceding Bills.

And Messages were severally sent to the House of Commons, by Mr. Lightboun and Mr. Conway:

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

Carpenter's Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to rectify a Mistake in the Settlement made on the Marriage of the Honourable George Carpenter Esquire with Elizabeth his now Wife."

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

Mr. Cornwallis, &c. Petition referred to Judges.

Upon reading the Petition of Francis Cornwallis Esquire and Jane his Wife; praying Leave to bring in a Bill, for vesting Part of the Petitioner Jane's Estate, in the County of Carmarthen, in Trustees, to be sold, for paying off a Mortgage and Interest, and purchasing a Lease of Tithes held of the Dean and Chapter of Winton, to be settled to the Uses mentioned in the Petitioners Marriage Settlement; and for other Purposes expressed in the said Petition:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Dormer and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.

Lady Schaw alias Houstoun to answer peremptorrly.

The House was informed, "That Dame Margaret Schaw, alias Houstoun, who, by Order of this House of the Twenty-fifth of January last, was required to put in her Answer to the Appeal of Sir John Schaw of Greenock Baronet, on or before the Two and Twentieth Instant, has neglected to put in her Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit made by Mr. James Craig, of the said Service, being read:

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

Fangfoss, &c. Fields to enclose, Bill.

The Lord Delawarr presented to the House, pursuant to the Order Yesterday, a Bill, intituled, "An Act for confirming several Awards, made for enclosing and dividing the Common Fields and Common Grounds within the Manors of Fang fosse cum Spittle and Scagglethorpe, in the County of Yorke."

The said Bill was read the First Time.

Chivers et Ux. versus Morfoot.

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

Philip Chivers and Elizabeth his Wife, Administratrix of Henry Clark, are Plaintiffs; and

Elizabeth Morfoot Spinster, Executrix of Elizabeth Morfoot Widow, is Defendant.

Fees of the Officers of the House, Committee to examine the Officers, &c. on Oath.

Ordered, That the Committee appointed on Tuesday last, to examine what Fees the Officers of this House have a Right to take or demand for any Proceedings before their Lordships, or any Committee of the House, upon Bills or Proceedings in Judicature, be empowered to examine the said Officers, or any others the Committee shall think fit to convene before them, upon Oath, touching the Matters to them referred.

Whereupon the several Clerks and Officers were sworn, at the Bar, in order to be examined before the said Committee.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand (the Lords being also in their Robes); the Gentleman Usher of the Black Rod received His Majesty's Commands, to 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 very short Introduction, in relation to the Land Tax and Lottery Bills to be passed, delivered the same to the Clerk; who brought them to the Table; where the Clerk of the Crown read the Titles of those Bills, as also the Title of the other Bill to be passed, severally, as follow.

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-six."

"2. An Act for granting to His Majesty the Sum of One Million, to be raised by Way of a Lottery."

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

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

"3. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

"Le Roy le veult."

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

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Lady Schaw, alias Houstoun's Answer.

The Answer of Dame Margaret Schaw, Widow of Sir John Houstoun, to the Appeal of Sir John Schaw of Greenock Baronet, was this Day brought in.

Adjourn.

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

DIE Lunæ, 28^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Parker versus Harvey, &c.

The Answer of Edward Harvey Esquire:

As also, the Answer of Sarah Dobson, to the Appeal of Margaret Parker Widow; were this Day brought in.

Byde's Petition referred to Judges.

Upon reading the Petition of Thomas Byde Esquire and Katherine his Wife, and John Byde Esquire; praying Leave to bring in a Bill, for confirming a Lease granted to James Fordham; and to enable the Petitioners to grant Leases of certain Premises, in the County of Hertford, for the Improvement thereof:

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; with the usual Directions, according to the Standing Orders.

Sir John Schaw versus Lady Schaw, alias Houstoun.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir John Schaw of Greenock Baronet is Appellant, and Dame Margaret Schaw, alias Houstoun, is Respondent:"

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

Sir John Rushout versus Elizabeth Rushout et al.

After hearing Counsel, upon the Petition and Appeal of Sir John Rushout Baronet; complaining of a Decree of the Court of Chancery, made the Twenty-fourth Day of April in the Second Year of His Majesty's Reign, in certain Causes, wherein Elizabeth Rushout, by her next Friend, was Plaintiff, and the Appellant, and Sir Rushout Cullen Baronet, Thomas Vernon Esquire, Anna Freeman Widow and Administratrix of Richard Freeman Esquire, deceased, Sir George Thorold Baronet and the Lady Elizabeth his Wife, Samuel Pitt Esquire, Thomas Williams, and Anne Lardner the Widow and Executrix of Joseph Lardner, were Defendants; and wherein the Appellant was Plaintiff, and the said Elizabeth Rushout, Sir George Thorold and the Lady Elizabeth his Wife, Samuel Pitt, Sir Rushout Cullen, Thomas Vernon, Anna Freeman, Thomas Williams, and Anne Lardner, were Defendants; and praying, "That such Order may be made for the Appellant's Relief, as shall be just:" As also upon the several Answers of the said Elizabeth Rushout, Sir Rushout Cullen, Thomas Vernon, and Anna Freeman, 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 Decree complained of be, and the same is hereby, affirmed: Nevertheless it is hereby Declared, That either Party be at Liberty to apply to the Court of Chancery, touching the Sale of the Manors of Eggerton and Swinfield, in the County of Kent, and other the Lands in the said County of the late Sir James Rushout; and likewise touching the Monies arising by such Sale, and by the Rents and Profits thereof.

Times for bringing in Appeals considered.

Ordered, That To-morrow Sevennight, this House will take into Consideration the limiting of the Times for bringing in Appeals; and the Lords to be summoned; and that all the Judges then in Town do attend.

Ash versus Sir William Parsons.

The House being moved, on the Behalf of Sir William Parsons Baronet and the Lady Elizabeth his Wife, Respondents to the Appeal of Richard Nash Esquire, That the Hearing the said Cause, which stands appointed for Friday next, may be put off for some Time; the Appellant's Agent consenting thereto:"

And thereupon the Agents on both Sides were called in; and desiring the same:

It is Ordered, That the Hearing the said Cause be adjourned to Monday the Twenty-eighth Day of March next.

Cornwall versus Bowles; to answer peremptorily.

The House was informed, "That William Bowles Esquire, who, by Order of this House of the Twentyfifth of January last, was required to put in his Answer to the Appeal of Francis Cornwall Esquire, on or before the Eighth Instant, has neglected to put in his Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon Mr. John Steele was called in; and examined, upon Oath, at the Bar, touching the said Service.

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

Floyer versus Johnson; to answer peremptorily.

The House being also informed, "That Richard Johnson Esquire, who, by an Order of the Third Instant, was required to put in his Answer to the Appeal of John Floyer Esquire on or before the Seventeenth of the same Month, has neglected so to do, though duly served with the said Order for that Purpose:"

And thereupon Cornelius Tyrrell being called in, and examined upon Oath, at the Bar, touching the said Service:

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

Fangfosse, &c. Common Fields to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming several Awards, made for enclosing and dividing the Common Fields and Common Grounds within the Manors of Fang fosse cum Spittle and Scagglethorpe, in the County of York."

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Mercurii, secundum diem Martii jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.