House of Lords Journal Volume 22: March 1726, 11-20

March 1726, 11-20

DIE Veneris, 11^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir J. Rous versus Powle & al.

The Answer of William Powle and Mary his Wife, and the Answer of John Mayhew, One other of the Respondents, to the Appeal of Sir John Rouse Baronet:

Parker versus Stanley.

As also the Answer of Thomas Stanley Esquire and Catherine his Wife to the Appeal of Margaret Parker Widow of Christopher Parker Esquire, deceased.

Were this Day brought in.

L. Waldegrave takes the Oaths.

James Earl of Waldegrave came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

L. Willoughby's Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for ascertaining several Messuages and Lands, in the County of Gloucester, purchased by Sir Grevill Verney; and for the effectual Partition of the Manor of Tudrington and Itchington, in the said County," was committed: "That they had considered the said Bill, and gone through the same, and made some Amendments thereunto."

Which, being read Twice, were agreed to.

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

Carpenter's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, 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," was committed: "That they had considered the said Bill, and gone through the same, and directed him to report the Bill to the House, without any Amendment."

Ordered, That the Bill be engrossed.

Mariott versus Marriott.

The House was informed, "That the Parties in the Cause wherein Kimbra Marriott Widow is Appellant, and Richard and Benjamin Marriott are Respondents, were agreed in relation to the Matter in Question between them; and desired Leave to withdraw the Appeal."

And thereupon Mr. Joseph Taylor and Mr. Jabez Collier, the Agents, being called in; and both expressing their Desires, in Behalf of their Clients, "That the said Appeal might be withdrawn:"

It is Ordered, That Leave be given to withdraw the said Appeal, as desired.

Ashton versus Smiths & al.

Upon reading the Petition and Appeal of Joseph Ashton Esquire; complaining of several Orders of the Court of Chancery, of the Twenty-sixth of March 1720, the Eighth of November 1723, and the other subsequent Orders and Proceedings thereupon, and also of an Order of the Fourth of February last, on arguing the Demurrer to the Petitioner's Bill of Review, in a Cause wherein the Petitioner was Plaintiff, and Jonathan Smith, Richard Lechmere, Henry Hankey, Elizabeth Coppin, John Lateward and Mary his Wife, Anne Job, John Cook and Sarah his Wife, Mary Warburton, Hester Wickham, William Clapham and Anne Clapham, Edward Missendine, James Fleet, Elizabeth Newton, Thomas Cartwright, Peter Cartwright, George Moor, Sarah Mason, Mary Mottershead, Joshua Baker, Fotheringham, and Peter Delamott, were Defendants; and praying, "That the same may be reversed:"

And it appearing that the last Order was not entered till the Ninth Instant:

It is Ordered, That the said Jonathan Smith, Richard Lechmere, and the other Parties in the said Cause, 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 Friday the Twenty-fifth Day of this Instant March.

Helbut versus Philpot.

After hearing Counsel, upon the Petition and Appeal of Isaac Helbut; complaining of a Decree of the Court of Chancery, the Seventeenth of October 1723, in a Cause wherein Nicholas Philpott Esquire was Plaintiff, and the Appellant and John Hodges were Defendants; and praying, "That the same, and the Proceedings and Orders grounded thereon, may be reversed; and that the Decree made by the Master of the Rolls, the Ninth of May 1721, for dismissing the Plaintiff's Bill as against the Appellant with Costs, may be affirmed:" As also upon the Answer of the said Nicholas Philpott put in to the said Appeal; and due Consideraration 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 made by the late Lord Chancellor, therein complained of, be, and is hereby, affirmed.

Sir J. Rous versus Barker & al.

Upon reading the Petition of Sir John Rouse Baronet; praying, "That a short Day may be appointed, for hearing the Cause wherein the Petitioner is Appellant, and John Barker Gentleman, and John House Esquire and Lucy his Wife, and others, are Respon dents, the Petitioner being aged, very weak and infirm:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Two and Twentieth Day of this Instant March, at Eleven a Clock.

Bayly's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for discharging certain Lands, in the County of Wilts, from the Uses and Estates limited thereof in the Settlement made by Zachary Bayly Gentleman after his Marriage with Mercy his Wife; and for settling other Lands, of greater Yearly Value, in the Counties of Somerset and Wilts, in Lieu thereof."

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

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

Trye's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Manors of Hardwick and Haresfield, and other Lands, in the County of Gloucester, the Estate of Thomas Trye Esquire, for Payment of his Debts; and for other Purposes therein mentioned."

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

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

Byde's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming a Lease made by Thomas Byde Esquire to James Fordham therein mentioned; and to enable him to let Leases of any Part of his Estate, for any Number of Years not exceeding Eighty-eight Years."

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.

Burt's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of John Burt, deceased, in the County of Southampton."

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

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

Ransford's Bill:

Hodie 3^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."

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

It was Resolved in the Affirmative.

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

Hodie 3^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 Fangfosse cum Spittle and Scagglethorpe, in the County of York."

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

It was Resolved in the Affirmative.

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

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

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

Squier versus Dowel.

The House was informed, "That John Baker Dowell, who, by Order of this House of the Tenth of February last, was required to put in his Answer to the Appeal of Arthur Squier Gentleman on or before the Twenty-fourth of the same Month, has neglected so to do, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by Samuel Purlewent, 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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continnandum esse usque ad et in diem Sabbati, duodecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

Die Martis, 7^o Februarii, 1726, hitherto examined by us,

Pomfret.
Jo. Carliol.
Jo. Norwich.

DIE Sabbati, 12^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Carpenter's Bill:

Hodie 3^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."

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. Elde and Mr. Thurston:

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

Lowndes, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Charles Lowndes Gentleman 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.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Charles Lowndes Gentleman, and the Persons in Remainder after him, to make Contracts for getting Brick Earth in, and grant Building Leases of, the House and Ground called Spring Garden, and other the Ground called Great Spittlefield and Little Spittlefield, in the Parishes of St. Martin in the Fields and Chelsea, in the County of Middlesex, late the Estate of William Lowndes Esquire, deceased."

L. Willoughby's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for ascertaining several Messuages and Lands, in the County of Gloucester, purchased by Sir Grevill Verney; and for the effectual Partition of the Manor of Tudrington and Itchington, in the said County."

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. Elde and Mr. Thurston:

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

L. Waldegrave's Pet. referred to Judges.

Upon reading the Petition of James Lord Waldegrave; praying Leave to bring in a Bill, for Sale of certain Lands in Somersetshire; and for giving such Equivalent for the same as is mentioned in the said Petition:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer; with the usual Directions, according to the Standing Orders.

Times for bringing Appeals considered.

The Order of the Day being read, for taking into Consideration the limiting of the Times for bringing in Appeals:

And Debate thereupon;

It is Ordered, That the further Consideration of that Matter be adjourned till Tuesday Sevennight; and the Lords to be summoned.

Sleigh's Pet. concerning Squier's Appeal, considered:

The House (according to Order) was adjourned during Pleasure, and put into a Committee, to take into Consideration the Petition of Hugh Sleigh of Leeds in the County of York Gentleman; praying to be made a Party to the Appeal of Arthur Squier Gentleman, to which the Lady Rachel Pershall is Respondent; and also the said Petition and Appeal.

After some Time spent therein, the House was resumed.

And being informed, "That the said Lady Pershall, who, by Order of this House of the Tenth of February last, was required to put in her Answer to the Appeal of the said Arthur Squier on or before the Twenty-fourth of the same Month, has neglected so to do, though duly served with the said Order for that Purpose:"

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

And being withdrawn:

Respondent to put in her Answer.

It is Ordered, That the said Respondent do peremptorily put in her Answer to the Appeal by Monday next.

Jennings, Clerk of the Journals, Petition.

A Petition and Memorial of John Jenings; representing, amongst other Things, "That he was some Years since appointed by Mr. Cowper to carry on and keep the Journal of this House; for which he claims no Fee, and has no settled Reward;" and praying "to be allowed a reasonable Recompence, or Reward, for his Care, Industry, and Pains:"

and Fitz-gerald's, another Clerk, Pet.

Also, a Petition of Edmund Fitz Gerald, representing his Services and Attendance at The Parliament Office, for which he has no Salary, nor any Demand upon the Suitors to the House, or any other Person; and praying, That such Provision may be ordered him as to their Lordships shall seem meet:"

Were severally presented to the House, and read.

And severally ordered to be referred to the 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 Committee do meet again on Tuesday Morning next, to take the said Petitions into Consideration; and that any other Officers, who have not already made any Claim, may then be at Liberty to make their Claims before their Lordships.

Burke versus Lynch:

The House was informed, "That Thomas Lynch Esquire, who, by Order of this House, of the First of February last, was required to put in his Answer to the Appeal of Theobald Burke Esquire on or before the Eighth Day of this Instant March, has neglected so to do, though duly served with the said Order for that Purpose."

And thereupon William Watson being called in; and examined, upon Oath, at the Bar, touching the said Service:

And being withdrawn:

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

Lynch to answer peremptorily.

The like Order for the said Thomas Lynch peremptorily to put in his Answer to the Appeal of Theobald Burke and Ulick Burke Esquires and Morgan Naughten, in a Week; the said William Watson being first sworn, and examined to the due Service of the Order of this House, for answering the said Appeal.

Adjourn.

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

DIE Lunæ, 14^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Stirling versus Gray.

The Answer of William Gray of Invereighty, to the Appeal of Mr. Walter Stirling Writer in Edinburgh:

Squier versus Ly. Pershall.

As also, the Answer of Dame Rachel Pershall, alias Freeman, to the Appeal of Arthur Squier Gentleman:

Were this Day brought in.

Lowndes Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Charles Lowndes Gentleman, and the Persons in Remainder after him, to make Contracts for getting Brick Earth in, and grant Building Leases of, the House and Ground, called Spring Garden, and other the Ground called Great Spittlefield and Little Spittlefield, in the Parishes of St. Martin in the Fields and Chelsea, in the County of Middlesex, late the Estate of William Lowndes 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 Tuesday the Twenty-ninth Day of this Instant March, 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 Exeter & al. Pet. referred to Judges.

Upon reading the Petition of the Right Honourable Brownlowe Earl of Exeter, William Arslabie Esquire and the Lady Elizabeth his Wife; praying Leave to bring in a Bill, for Sale of certain Estates, in the Counties of Lincoln and Middlesex, or One of them, for the speedy Payment of the Debts, Funeral Charges, and Legacies, of Elizabeth late Countess of Exeter, deceased, pursuant to her Will:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Justice of the Court of Common Pleas; with the usual Directions, according to the Standing Orders.

Ward and Fen versus Johnson & al.

After hearing Counsel, in Part, upon the Petition and Appeal of John Ward and Henry Fenn Esquires, Executors of Dame Christian Fox Widow, deceased, who was Executrix of Sir Stephen Fox Knight, deceased, the surviving Executor of Nicholas Johnson Esquire; complaining of several Orders of the Court of Chancery; and praying, "That the same, so far as the Appellants complain, may be reversed:" As also upon the Answer of Margaret Johnson Widow, Arthur Collier and Margaret his Wife, put in to the said Appeal:

Prowse versus Foot.

It is Ordered, That the further Hearing the said Cause be adjourned till Wednesday next; and that the arguing the Errors assigned upon the Writ of Error wherein John Prowse Gentleman is Plaintiff, and Samuel Foot Esquire is Defendant, appointed for that Day, be adjourned to the Thursday following.

Adjourn.

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

DIE Mercurii, 16^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Walker versus Nightingale.

The Answer of Joseph Gascoigne Nightingale Esquire, to the Appeal of John Walker of London Merchant:

Marquis of Clydidale versus E. of Dundonald.

Also, the Answer of Thomas Earl of Dundonald, to the Appeal of James Hamilton Esquire, commonly called Marquis of Clydsdale, an Infant, by James Duke of Hamilton and Brandon, his Father and next Friend:

E. Dundonald versus M. Clydsdale.

As also, the joint and several Answer of the said Marquis of Clydsdale and John Hamilton Writer to the Signet, to the Appeal of the said Earl of Dundonald;

Were brought in this Day.

Message from H C. with a Bill; and to return the one for enclosing Bubnel Common Fields.

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

To return the Bill, intituled, "An Act for enclosing several Common Fields, in the Parish of Bubnel, alias Bobenhull, in the County of Warwick;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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

With a Bill, intituled, "An Act for repairing the Road from Market-Harborough to Loughborough, in the County of Leicester;" to which they desire the Concurrence of this House.

Ward and Fenn versus Johnson & al.:

After hearing Counsel, as well on Monday last as this Day, upon the Petition and Appeal of John Ward and Henry Fenn Esquires, Executors of Dame Christian Fox Widow, deceased, who was Executrix of Sir Stephen Fox Knight, deceased, the surviving Executor of Nicholas Johnson Esquire, deceased; complaining of several Orders of the Court of Chancery, made the Seventeenth of January 1721, the Sixteenth and Thirty-first of January 1722, the Twenty-seventh of July 1723, the Nineteenth of December 1724, the Seventeenth of August and Eleventh Days of November last, in a Cause wherein Margaret Johnson Widow, Relict and Executrix of Charles Johnson, Arthur Collier and Margaret his Wife, which said Charles Johnson and Margaret Collier were Two of the Children of the said Nicholas Johnson, were Plaintiffs, and the Appellants Defendants; and praying, "That the same, so far as the Appellants have in the said Appeal complained thereof, may be reversed; and that the Money paid in Obedience to the said Orders may be refunded to the Appellants:" As also upon the Answer of the said Margaret Johnson, Arthur Collier and Margaret his Wife, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Referred back to the Court of Chancery.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That it be referred back to the said Court of Chancery, to take the whole Accompt, from the Beginning of it in the Year One Thousand Six Hundred Seventy-nine, to the Close of it in April One Thousand Six Hundred Eighty-four; and that the Lord Chancellor do give such further Directions, for the better taking and stating such Accompt, and making such Inquiry, as he shall think proper; and make such Order thereupon as shall be just.

L. Ashburnham, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of John Lord Ashburnham, for himself and in Behalf of Henrietta Bridges Ashburnham his Daughter, and John Ashburnham his Son, both Infants, 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 better enabling the Trustees of John Lord Ashburnham to sell Brockborough and Beckerings Parks, in the County of Bedford."

L. Waldegrave, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of James Lord Waldegrave 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 Sale of Part of the settled Estate of James Lord Waldegrave, in the County of Somerset; and for settling other Lands in Lieu thereof; and for other Purposes therein mentioned."

M. Clydsdale versus E. Dundonald.

The House being moved, by Consent of both Parties, "That a Bye-day may be appointed, for hearing the Causes wherein James Hamilton Esquire, commonly called Marquis of Clydsdale, an Insant, by James Duke of Hamilton and Brandon, his Father and next Friend, is Appellant, and Thomas Earl of Dundonald is Respondent; & è contra:"

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

Workman to enter into Recognizance for Dames.

The House being moved, "That William Workman Gentleman may be permitted to enter into a Recognizance for John Dames, on account of his Appeal depending in this House, to which Elizabeth Dames Widow is Respondent; the Appellant residing in Ireland:"

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

Squer versus Ly. Pershall.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Arthur Squier Gentleman is Appellant, and Dame Rachel Pershall is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum septimum diem instantis Martii, hora undecima Auror. Dominis sic decernentibus.

DIE Jovis, 17^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Barker versus Blake.

This Day the Answer of John Blake and Penelope his Wife, and Martha Barker, to the Appeal of Robert Barker Gentleman, was brought in.

Message from H. C. with a Bill.

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

Cherrill Road to repair, Bill.

With a Bill, intituled, "An Act for enlarging the Term granted by an Act passed in the Sixth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for the better Amendment of that Way which leads from Cherrill, through Calne, to Studley Bridge, in the County of Wilts;" and for making the said Act more effectual; and for extending the Road, so to be amended, from Cherrill to The Three Miles Borough at the Top of Cherrill Hill;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Mayor and others of Newcastle, Petition referred to Judges.

Upon reading the Petition of the Mayor and Bargesses of the Town of Newcastle upon Tyne, in the County of the Town of Newcastle upon Tyne; praying Leave to bring in a Bill, for charging Two Hundred Seventy Pounds Ten Shillings per Annum, of the Walker Lands, with an Annuity or Yearly Rent-charge of One Hundred Eighty-five Pounds, for the Endowment of the Hospital there; and for discharging the Estates of Edderly and Whittle from the former Endowment of the said Hospital:

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

Nisbet versus Nisbet & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Nishet of Dirleton Esquire is Appellant, and Janet, Jane, and Willielma Nisbet, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Stirling versus Gray.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Walter Stirling Writer in Edinburgh is Appellant, and William Gray is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the next vacant Day for Causes after those already appointed.

Anderton versus Magawley, Writ of Error from Ireland.

The House being informed, "That a Person attended at the Door, with the Transcript of a Record from the Exchequer-chamber in Ireland, upon a Writ of Error returnable before this House:"

Thereupon Mr. Francis Enraght was called in; and attested, upon Oath, at the Bar, "That he examined the said Transcript with the original Record in the said Exchequer-chamber in Ireland; and that the same was a true Copy."

And, delivering in the said Transcript to the Clerk, at the Bar, he withdrew.

In which Writ of Error,

Thomas Anderton is Plaintiff, and Jane Magawley Defendant.

Prowse versus Foot, in Error.

After hearing Counsel, to argue the Errors assigned upon the Writ of Error brought into this House the Ninth Day of February last, wherein John Prowse Gentleman is Plaintiff, and Samuel Foot Esquire is Defendant, in order to reverse a Judgement given in the Exchequer-chamber, and to affirm the Judgement of the Court of King's Bench; and due Consideration had of what was offered in this Case:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Exchequer-chamber be, and the same is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the Plain tiff do pay, or cause to be paid, to the Defendant, the Sum of Fifty Pounds, for his Costs sustained by reason of the bringing the said Writ of Error.

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

Judgement affirmed, with Costs.

"Sed quia Cur. Parliamenti præd. nunc hic de Judicio suo de & super Præmiss. reddend. nondum advisatur, Dies inde dat. est tam prædicto Joh'i Prowse quam prædicto Samueli Foot, coram dicto Domino Rege & Proceribus præd. in Parliamento præd. usque Diem Jovis, scilicet, Decimum Septimum Diem Martii, Anno Regni dicti Domini Regis Duodecimo, apud Westm. in Com. Middl'x, de Judicio suo de & super Præmiss. præd. audiend. co quod Cur. Parliamentipræd. nunc hic inde nondum &c; ad quem Diem, coram dicto Domino Rege & Proceribus præd. in Parliamento præd. apud Westm. præd. assemblat. ven. tam præd. Joh'es Prowse quam præd. Samuel Foot, per Attorn. suos prædict.; & super hoc, visis & per Cur. Parliamenti præd. nunc hic examinat. & inspect. tam Record & Process. præd. quam Materiis præd. per præd. Joh'em Prowse superius pro Error assign.; considerat. est per eandem Cur. Parliamenti præd. nunc hic, quod Judicium præd. per Cur. Cameræ Scaccarii præd. sic ut præfertur reddit. in omnibus affirmetur, & in omni suo Robore stet & Effectu, dictis Causis & Materiis per præd. Joh'em Prowse superius pro Error. assign. & allegat. in aliquo non obstant.: Considerat. est etiam pet eandem Cur. Parliamenti præd. nunc hic, quod præd. Samuel Foot recuperet versus præfat. Joh'em Prowse Quinquagint. Libras pro Mis. & Custag. prædicti Samuel. per ipsum expens. in & circa Defensionem suam de & super Brevi de Error. præd. per præd. Joh'em Prowse de & super Præmiss. præd. sic ut præfertur prosecut. & Record. præd. necnon Process. præd. in eadem Cur. Parliamenti in Præmiss. hic remittuntur coram Domino Rege, ubicunque &c."

Road to Market Harborough, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing the Road from Market-Harborough to Loughborough, in the County of Leicester."

L. Waldegrave's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of James Lord Waldegrave, in the County of Somerset; and for settling other Lands in Lieu thereof; and for other Purposes therein mentioned."

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

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

L. Ashburnham's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better enabling the Trustees of John Lord Ashburnham to sell Brockborough and Beckerings Parks, in the County of Bedford."

Ordered, That the said Bill be committed to the Consideration of the Lords Commitees 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.

Baxter & al. Petition referred to Judges.

Upon reading the Petition of George Baxter and Elizabeth his Wife, Mary Walker, Richard Norton, Robert Hopkins and Sarah his Wife, John Downing Clerk, Stephen Ashby, and Robert Meadowcourt, Gentlemen; praying Leave to bring in a Bill, to render effectual an Agreement between the Petitioners, for raising the Sum of One Thousand Pounds, out of the Estates of William Norton, late of Claimes, in the County of Worcester, Esquire, deceased, for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Justice of the Court of Common Pleas; with the usual Directions, according to the Standing Orders.

Pontz and Wagner's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Pontz and John Christopher Balthazar Wagner."

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

It was Resolved in the Affirmative.

Message to H C. with Amendments to it.

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

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, decimum octavum diem instantis Martii, hora undecima Auror., Dominis sic decernentibus.

DIE Veneris, 18^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Squier versus Dowell.

The Answer of John Baker Dowell Esquire, to the Appeal of Arthur Squier Gentleman:

Nisbet versus Nisbet & al.

As also, the joint and several Answers of Mrs. Janet, Jane, and Willielma Nisbet, Insant Daughters of the deceased William Nisbet of Dirleton, by Mr. David Erskine, Sir John Hume, Sir James Campbell, Mr. Collin Campbell, John Scot, and James Hume, their Tutors and Guardians, to the Appeal of William Nisbet of Dirleton Esquire;

Were this Day brought in.

Message from H. C. to return Alrewas Hay Chace, to discharge, Bill.

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

To return 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 therein mentioned;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Berry versus Hunt.

Upon reading the Petition of John Hamilton Gentleman, Agent for William Berry Esquire, Appellant in a Cause depending in this House, to which Edward Hunt Esquire is Respondent; praying, "In regard the Papers and Proceedings necessary for hearing the Cause are not as yet brought from Ireland, that the said Hearing, which stands appointed for Monday next, may be adjourned to such further Day as the House shall think fit:"

And thereupon the Petitioner and Mr. Jabez Collier the Respondent's Agent being called in, and heard in relation thereunto;

And being withdrawn:

It is Ordered, That the Hearing the said Cause be adjourned to Thursday the One and Thirtieth Day of this Instant March.

Pender against the King, in Error:

After hearing Counsel, to argue the Errors assigned upon a Writ of Error brought into this House the Ninth Day of February last, wherein Peter Pender Gentleman is Plaintiff, and the King is Defendant, in order to reverse a Judgement given in the Court of King's Bench, on an Information in the Nature of a Quo Warranto; and due Consideration had of what was offered in this Case:

Judgement affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench be, and the same is hereby, affirmed; and that the Record be remitted, to the End such Proceeding may be had thereupon, as if no such Writ of Error had been brought into this House.

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

"Ad quem Diem, coram dicto Domino Rege in Parliamento suo apud Westm. ven. tam præd. Petrus Pender per Attorn. suum præd. quam præd. Coron. & Attorn. Domini Regis nunc in Cur. ipsius Domini Regis; super quo, visis & per Cur. Parliamenti præd. examinat. tam Record. & Process. præd. ac Judic. superinde reddit. quam Causis pro Error. assign. cons. est per Cur. Parliamenti præd. quod Judic. præd. in omnibus affirmetur, ac quod Record. præd. remittatur in Cur. Domini Regis, ad Executionem superinde pro dicto Domino Rege fiend."

And it being proposed, "That the Plaintiff be ordered to pay Costs to the Defendant, by reason of the bringing the said Writ of Error:"

It is Ordered, That the Consideration of Costs be reserved till Tuesday next; at which Time the Parties on either Side are at Liberty to be heard, by One Counsel of a Side, touching the Matter of Costs only; and that all the Judges in Town do then attend.

The King against Herle, in Error: Hearing adjourned; and the Judges to attend.

Counsel were (according to Order) called in, to be heard, to argue the Errors assigned upon a Writ of Error brought into this House the Ninth Day of February last, upon the Allowance of a Return to a Writ of Mandamus in the Court of King's Bench, for the swearing and admitting Peter Pender into the Office of Mayor of Penryn, in the County of Cornwall, between the King and John Herle Esquire:

And One of the Counsel proceeding; a Judgement of this House was read, dated the One and Twentieth of April 1724:

"After hearing Counsel, to argue the Errors assigned upon a Writ of Error between the Dean and Chapter of Dublin Plaintiffs, and the King Defendant; wherein the unanimous Opinion of all the Judges then present is mentioned; (videlicet,) That no Writ of Error will lie upon the Award of a peremptory Mandamus:"

And thereupon the Counsel were directed to withdraw.

Ordered, That the further Hearing the Errors argued in this Case be, and is hereby, adjourned to Tuesday next; and that all the Judges in Town do then attend this House.

Roads from Burmingham, to repan, Bill.

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

With a Bill, intituled, "An Act for repairing the Roads leading from Birmingham, through Warwick, to Warmington; and from Birmingham, through Stratford upon Avon, to Edghill, in the County of Warwick;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

D. Chandos's Privilege:

Complaint was made to the House, and Oath made, at the Bar, "That Richard Leach, an Helper in the Stables of his Grace James Duke of Chandos, was lately arrested, by Timothy King, an Officer in The Marshalsea Court, at the Suit of Edward Brignall, in Breach of the Privilege of this House:"

King & al. to be attached, for arresting Leach.

It is Ordered, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Timothy King and Edward Brignall, for their said Offences, and keep them in safe Custody during the Pleasure of this House.

Time for bringing Appeals, Consideration adjourned.

Whereas Tuesday next is appointed, for taking into further Consideration the limiting of the Times for bringing in Appeals:

It is Ordered, That the further Consideration thereof be adjourned to Thursday next; and the Lords to be summoned.

Sir J. Rouse versus Barker & al.:

Whereas Tuesday next is appointed, for hearing the Cause wherein Sir John Rouse Baronet is Appellant, and John Barker and others are Respondents:

Cause put off.

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

Chivers & Ux. versus Morfoot:

Upon reading the Petition of Elizabeth Morfoot, Defendant in a Writ of Error, wherein Philip Chivers and Elizabeth his Wife are Plaintiffs; praying, "That a short Day may be appointed, for arguing the Errors assigned in this Cause; the Plaintiffs having prayed a Certiorari upon alledging Diminution, and not having procured the same to be returned within the Time limited by the Standing Order:"

And thereupon the said Standing Order, in relation to Writs of Error, being read:

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 Tuesday the Twenty-ninth Day of this Instant March, at Eleven a Clock.

Market-Harborough Road, to repair, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road from Market-Harborough to Loughborough, in the County of Leicester."

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

Barker versus Gyles & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Robert Barker Gentleman is Appellant, and Nathaniel Gyles and Lawrence Smith; Executors of Robert Barker Esquire, deceased, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, the First vacant Day for Causes after those already appointed.

Adjourn.

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

Die Mercurii, 8^o Februarii, 1726, hitherto examined by us,

Pomfret.
Jo. Carliol.
Jo. Norwich.