House of Lords Journal Volume 23: March 1728, 11-20

March 1727, 11-20

DIE Lunæ, 11^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Wheler's Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Manors of Shirfield, and divers Lands and Hereditaments in the County of Southampton, the Estate of Granville Wheler Esquire, in Trustees, discharged of the Uses in a former Settlement; he having settled an Estate in the County of Kent to the same Uses, 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 Tuesday the Twenty-sixth 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.

Davie and Hooper's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming the Partitions of the Estates late of Sir William Davie Baronet, deceased, among his Coheirs; and for settling their Shares thereof in Severalty, to the same Uses to which their several undivided Parts thereof stood limited before the Partition."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Yard and Mr. Burroughs:

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

Cherrington Common Fields, to enclose, Bill:

The Earl of Strafford presented to the House, pursuant to their Lordships Order of the Fifth Instant, a Bill, intituled, "An Act for appointing Commissioners, to make a Division of certain Common Fields, Lands, and Wastes, in the Parish of Cherrington, in the County of Gloucester, among the Proprietors, in order to enclose the same."

And the said Bill was read the First Time.

Sheldon, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Dormer Sheldon Clerk, Committee of the Estate of Francis Sheldon Esquire, a Lunatic, and of Susanna Elliot, Wife of Robert Elliot Esquire, Committee of the Person of the said Lunatic, 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 Estate of Francis Sheldon Esquire, a Lunatic, for discharging the Debts and Incumbrances affecting the same."

Sir Cleave More, for Papers to be lodged with the Clerk.

Upon reading the Petition of Sir Cleave More Baronet, Respondent to the Appeal of Ralph Freman, John Ellis, Esquires, and others; setting forth, "That all the Proceedings in this Cause, and also the Articles in Question, are in the Hands of Mrs. Farmer, Executrix of Mr. Edward Newman, deceased, who refuses to deliver the same, or permit them to be produced at the Hearing;" and praying, "That the said Mrs. Farmer may cause the said Papers to be lodged with the Clerk of this House, in order that the same may be produced at the Hearing the said Cause; and that the Petitioner's Agent may, in the mean Time, have Liberty to inspect the same, to enable him to instruct the Petitioner's Counsel:"

It is Ordered, That the said Mrs. Farmer do cause the said Papers to be lodged with the Clerk; and that the same be produced at the Hearing in this House, according to the Prayer of the said Petition, unless the said Mr. Farmer do, within Two Days after Notice, shew Cause to the contrary.

Kerrich versus Bransby et al.

Counsel were called in, to be heard, upon the Petition and Appeal of John Kerrich; complaining of a Decree of the Court of Chancery, made the Fourteenth Day of May 1718, in a Cause wherein Thomas Bransby Esquire was Plaintiff, and the Appellant, and Anne Kerrich Widow, Giles Bladwell and Elizabeth his Wife, were Defendants; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed with Costs:" As also upon another Petition and Appeal of Anne Kerrich Widow, Giles Bladwell and Elizabeth his Wife; complaining likewise of being aggrieved by Part of the Decree of the said Court abovementioned; and praying, "That the same may be rectified:" As also upon the Answers of Anne Kerrich, Giles Bladwell and Elizabeth his Wife, Bridget Bransby Widow, Astley Bransby her Infant Son, Thomas, William, James, George, Elizabeth, Margaret, and Brandesby Bransby, Infants, by the said Bridget Bransby Widow, their Mother in Law and next Friend, put in to the First-mentioned Appeal: Likewise upon the Answers of the said John Kerrich, Bridget, Astley, Thomas, William, James, George, Elizabeth, Margaret, and Brandesby Bransby, put in to the other Appeal.

And the Appellants Counsel being heard accordingly, and withdrawn:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Martis, duodecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 12^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Isaae versus Meredith and E. of Mount Alexander.

The Answer of Jane Meredith and Henry Earl of Mount Alexander, to the Appeal of Simon Isaac Esquire, was this Day brought in.

E. of Abingdon takes the Oaths.

Montagu Venables Earl of Abingdon took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration; pursuant to the Statutes.

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

Pazey et al. versus Hollis.

Robert Pazey and Eustace Budgell Esquires are Plaintiffs, and Nicholas Hollis Gentleman is Defendant;

Downes versus Hamlin.

Edw'd Downes Gentleman Plaintiff, and John Hamlin Defendant;

Goostrey versus Slaughter.

William Goostrey Plaintiff, and Chambers Slaughter Defendant;

Sawle versus Green.

Francis Sawle Plaintiff, and Francis Green Defendant.

Dames versus Dames.

Whereas this Day was appointed, for hearing the Cause wherein John Dames is Appellant, and Elizabeth Dames Widow is Respondent:

And the House being informed, "That the Matters in Difference between the Parties were accommodated; and that the Appellant did therefore desire Liberty to withdraw his Appeal:"

And thereupon the Agents on both Sides being called in; and the Respondent's Agent, on Behalf of his Client, consenting to the withdrawing the said Appeal:

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

Messages from H C. with Bills.

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

With a Bill, intituled, "An Act to enable Robert Ellison Esquire, and the Heirs and Issue of his Body, to take and use the Surname of Carre, according to the Will of his Uncle Francis Carre Esquire, deceased;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons; by Mr. Robert Hucks and others:

With a Bill, intituled, "An Act for making more effectual an Act passed in the Fourth Year of the Reign of His late Majesty King George, intituled, An Act for repairing the Highways from Maidenhead Bridge to Sunning Lane End (next to Twyford), in the Road to Reading, and from the said Bridge to Henley Bridge, in the County of Berks;" to which they desire the Concurrence of this House.

John Kerrich versus Anne Kerrich et al. et è contra.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of John Kerrich; complaining of a Decree of the Court of Chancery, made the Fourteenth Day of November 1718, in a Cause wherein Thomas Bransby Esquire was Plaintiff, and the Appellant, and Anne Kerrich Widow, Giles Bladwell and Elizabeth his Wife, were Defendants; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed with Costs:" As also upon another Petition and Appeal of Anne Kerrich Widow, Giles Bladwell and Elizabeth his Wife, which said Anne and Elizabeth are the Aunts and Coheirs of Robert Bransby Esquire, deceased; complaining likewise of being aggrieved by Part of the Decree of the said Court abovementioned; and praying, That the same may be rectified:" As also upon the Answers of Anne Kerrich, Giles Bladwell and Elizabeth his Wife, Bridget Bransby Widow, and Astley Bransby her Infant Son, Thomas, William, James, George, Elizabeth, Margaret, and Brandesby Bransby, Infants, by the said Bridget Bransby Widow, their Mother in Law and next Friend, put in to the First-mentioned Appeal; as likewise upon the Answers of the said John Kerrich, Bridget, Astley, Thomas, William, James, George, Elizabeth, Margaret, and Brandesby Bransby, put in to the other Appeal; and due Consideration and Debate had of what was offered by Counsel on both Sides:

Decree reversed, and T. Bransby's Bill dismissed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of as aforementioned be, and the same is hereby, reversed; and that the Bill exhibited in the said Court by the said Thomas Bransby be, and is hereby, dismissed.

Brown, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Thomas Brown Gentleman, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Thomas Brown Gentleman to grant Building Leases of his Estate, in the Town of Manchester, in the County of Lancaster."

Crowe, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Christopher Crowe the Elder Esquire, for himself, and on the Behalf of his Four Children, and Sir John Shadwell Knight, their surviving Trustee, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Christopher Crowe, of Woodford Hall in the County of Essex, Esquire, to sell, or otherwise dispose of, the Mansion-house called Woodford Hall, and all other his Lands and Hereditaments at Woodford, comprized in his Settlement thereof; he having settled other Lands and Hereditaments, in the County of York, of greater Value, to the same Uses, in Lieu thereof."

Bealing's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Guardians of Anna Elizabetha Bealing, an Infant about Four Years old, appointed by this Act, to grant Building Leases of her Fourth Part and Share of and in certain Messuages, Ground, and Hereditaments, in or near the Parish of St. Andrew, Holborn, in the County of Middlesex."

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

Their Lordships, or any Five of them; to meet on Wednesday the Twenty-seventh 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.

Sheldon's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Francis Sheldon Esquire, a Lunatic, for discharging the Debts and Incumbrances affecting the same."

Ordered, That the said Bill be committed to the Lords Committees abovenamed:

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

Wittewrong et al. Petition referred to Judges.

Upon reading the Petition of George, William, and Martha Wittewronge, on the Behalf of themselves, and of Lucy and Susanna Wittewronge, the other Younger Children of Sir John Wittewronge Baronet; deceased, and of Margaret Beaumont, on the Behalf of John Beaumont and Wittewronge Beaumont, her Two Sons; and also of George Brewster Gentleman, only acting Trustee and Executor of the said Sir John Wittewronge; and also of Sarah Dutchess Dowager of Marlborough; praying Leave to bring in a Bill, to vest the absolute Fee Simple of the Manor of Stanton, and divers Lands and Hereditaments, in the County of Bucks, in Trustees, in order to convey the same to the Petitioner the Dutchess of Marlborough, for the Purposes mentioned in the Will of the said Sir John Wittewronge:

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

Ellison to use the Surname of Carre, Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Robert Ellison Esquire, and the Heirs and Issue of his Body, to take and use the Surname of Carre, according to the Will of his Uncle Francis Carre Esquire, deceased."

Maidenhead Bridge Highways to repair, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Fourth Year of the Reign of His late Majesty King George, intituled, "An Act for repairing the Highways from Maidenhead Bridge to Sunning Lane End (next to Twyford), in the Road to Reading, and from the said Bridge to Henley Bridge, in the County of Berks."

Adjourn.

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

DIE Mercurii, 13^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Packer versus Ld. Stawell et al.

The Answer of William Lord Stawell, Montagu Venables Earl of Abingdon, Samuel Lord Masham, Sir William Wyndham Baronet, Francis Annesley Esquire, and Henry St. John late Viscount Bolingbroke, to the Appeal of Winchcomb Howard Packer Esquire, was this Day brought in.

Maidenhead Bridge Highways, to repair, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Fourth Year of the Reign of His late Majesty King George, intituled, An Act for repairing the Highways from Maidenhead Bridge to Sunning Lane End (next to Twyford), in the Road to Reading, and from the said Bridge to Henley Bridge, in the County of Berks."

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.

Ellison to use the Surname of Carre, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Robert Ellison Esquire, and the Heirs and Issue of his Body, to take and use the Surname of Carre, according to the Will of his Uncle Francis Carre Esquire, deceased."

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

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

Morse et al. versus Dubois et al. dismissed with Costs, not being heard before the Ld. Chancellor.

This Day being appointed, to hear Counsel, in the Cause wherein John Morse Esquire and others, Proprietors and Adventurers of the late old East India Company; at the Time of the Dissolution thereof, are Appellants, and Charles Dubois and others Respondents, being an Appeal from a Decree of the Master of the Rolls, assisted by Two Masters of Chancery, made the Sixteenth of February 1719:

Notice was taken in the House, "That it appeared in the said Appeal, that this Cause had not been heard before the Lord Chancellor; it being alledged therein, that the Appellants did, in August 1725, present their Petition of Appeal to the Lord Chancellor against the said Decree; who was pleased to reject the said Petition, for that the same was not presented within the Time limited by an Order made by his Lordship."

And Notice was likewise taken, "That it would be proper for the House to know whether the said Decree was ever signed by the Lord Chancellor."

Whereupon it was agreed by the House, "That the Lord Chancellor should ask the Appellants Counsel concerning the said Facts."

And Mr. Meredith, the Appellants Solicitor, being sworn, informed the House, "That, in August 1725, Two or Three Days after the Expiration of the Time limited by the Lord Chancellor's Order for receiving Appeals from the Rolls, he carried a Petition of Appeal to the Clerk of the Secretary of the Lord Chancellor; who told him, "That he came out of Time;" and that thereupon he did not prosecute the said Petition any further."

And Mr. Willes, of Counsel for the Appellants, informed the House, "That when he set his Name to the Appeal, he apprehended the said Decree to have been signed by the Lord Chancellor, and enrolled; but he had been since informed, that it had never been signed by the Lord Chancellor."

And then the Counsel were directed to withdraw.

And being withdrawn accordingly:

Appeals from the Rolls to be made to the Chancellor.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That all Appeals from the Rolls are to be made to the Lord Chancellor; and that Decrees made at the Rolls must be signed or approved by the Lord Chancellor, to make them Decrees of the Court of Chancery:

And thereupon it is-Ordered, That the said Petition and Appeal be, and is hereby, dismissed this House; but with this Liberty, notwithstanding, to the Appellants, to apply to the Lord Chancellor within a reasonable Time, as they shall think fit or be advised, in order for his Lordship to re-hear the Cause; and that the Appellants shall pay to the Respondents the Sum of Thirty Pounds, for Costs in respect of the said Appeal.

After which, the Counsel were called in again.

And the Lord Chancellor, by the Direction of the House, acquainted them with what their Lordships had determined.

Crow's Bills

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Christopher Crowe, of Woodford Hall in the County of Essex, Esquire, to sell, or other wise dispose of, the Mansion-house called Woodford Hall, and all other his Lands and Hereditaments at Woodford, comprized in his Settlement thereof; he having settled other Lands and Hereditaments, in the County of York, of greater Value, to the same Uses, in Lieu thereof."

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

Their Lordships, or any Five of them; to meet on Thursday the Twenty-eighth Day of this Instant March, at the same Place; and to adjourn as they please.

Brown's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas Brown Gentleman to grant Building Leases of his Estate, in the Town of Manchester, in the County of Lancaster."

Ordered, That the said Bill be committed to the same Lords Committees:

To meet on the same Day, at the same Place; and to adjourn as they please.

Ld. Stawell et al versus Packer; Cross Appeal.

Upon reading the Petition and Appeal of William Lord Stawell, Montagu Venables Earl of Abingdon, Samuel Lord Masham, Sir William Wyndham Baronet, Francis Annesley Esquire, and Henry St. John late Viscount Bolingbroke; complaining of an Order of the Court of Chancery, made the Twenty-ninth of April 1726, in a Cause wherein Winchcomb Howard Packer Esquire was Plaintiff, and the Appellants and others were Defendants; and praying, "That, instead of the said Order, this House would order the said Appellants Plea to be allowed:"

It is Ordered, That the said Winchcomb Howard Packer may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the Twenty-seventh Day of this Instant March.

Statute of Limitations, to render more effectual, Bill;

Whereas To-morrow is appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for rendering Part of the Act for Limitation of Actions, and for avoiding Suits in Law, more effectual:"

Judges to attend.

It is Ordered, That the Judges in Town do then attend.

Enquiry to be made, as to the Repans of The Parliament-office and The Chapter House.

The House being moved, "To inquire what hath been done, by the Officers of His Majesty's Works, pursuant to the Address of this House to His late Majesty, on the First Day of May 1725; that Conveniencies might be made, and Repairs done, in The Parliament-office, for the more safe depositing and keeping the Records there:"

The Lords following were appointed a Committee, to inspect the Condition of the said Office, with relation to the said Conveniencies and Repairs; and what hath been done therein:

Their Lordships, or any Three of them; to meet when, where, and as often as, they please; and have Power to send for the Officers of His Majesty's Works.

Ordered, That it be an Instruction to the said Committee, "That they do likewise view The Chapterbouse, adjoining to Westminster Abbey, with respect to the Conveniencies directed to be prepared in pursuance of another Address to His late Majesty, on the Two and Twentieth Day of May 1725, for the Reception of the Records, then lying in great Disorder in certain Rooms adjoining to this House."

E. and Countess of Shaftesbury, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Anthony Earl of Shaftesbury and Susanna Countess of Shaftesbury his Wife, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to settle a Jointure on Susanna Countess of Shaftesbury, Wife of Anthony Earl of Shaftesbury, in Lieu and Bar of her Dower, or Thirds at the Common Law."

Adjourn.

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

DIE Jovis, 14^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. of Rochester takes the Oaths.

This Day Samuel Lord Bishop of Rochester took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Wesselow's Nat. Bill.

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

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

The said Bill was read the First Time.

E. of Shaftesbury's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to settle a Jointure on Susanna Countess of Shaftesbury, Wife of Anthony Earl of Shaftesbury, in Lieu and Bar of her Dower, or Thirds at the Common Law."

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

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

Copy of the Act for Execution of the Preliminaries delivered.

The Duke of Newcastle presented to the House (by His Majesty's Command), "A Copy of the Act for the Execution of the Preliminaries, signed at The Pardo, March 6th, 1728, N. S.;" with a Translation of the same.

And the Title thereof was read, by the Clerk.

Special Report on Oldenburg & al. Nat. Bil received:

The Lord Bishop of Peterborough (according to Order) reported from the Lords Committees appointed to consider of a Bill, intituled, "An Act for naturalizing Adam Oldenburg and Phillipe Dumoustier;" as also of the Petitions of Ciprien Rondeau, Conrad de Smeth, and Henry Willers; praying to be added to the said Bill: "That the Committee have met upon the said Bill; and read and considered the Petitions of the said Ciprien Rondeau, Conrad de Smeth, and Henry Willers, to them referred; and examined Witnesses to the Truth of the Certificates of the several Persons intended to be naturalized having respectively received the Sacrament; but it appearing, by the Certificate of the said Henry Willers's receiving the Sacrament, that the same was done at a Lutheran Church, their Lordships directed this Matter to be reported specially to the House."

Which Report being read by the Clerk:

Receiving the Sacrament in a Lutheran Church sufficient for Naturalization.

It is Ordered, That the Committee on the said Bill be revived; and meet To-morrow, at Ten a Clock in the Forenoon, in the usual Place; and to adjourn as they please; and that it be an Instruction to the said Committee, "That they do accept the Certificate of Henry Willers's receiving the Sacrament of the Lord's Supper in the Lutheran Church, as sufficient in order to his Naturalization."

Statute of Limitations, to render more effectual, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for rendering Part of the Act for Limitation of Actions, and for avoiding Suits in Law, more effectual."

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

And the Earl of Westmorland reported from the said Committee, "That they had made some Progress in the said Bill; and desired another Time may be appointed, to proceed further therein."

It is Ordered, That, on this Day Sevennight, this House shall be put into a Committee again, to consider further of the said Bill.

Matters relating to Appeals and Writs of Error adjourned.

The Order of the Day being read, for the House to be in a Committee, to take into further Consideration Matters relating to the Proceedings on Appeals and Writs of Error:

It is Ordered, That the House be put into the said Committee again on this Day Sevennight.

D. of Gordon versus E Murray & al.:

The House (according to Order) took into Consideration the Motion made the Fourth Instant, for appointing a Bye-day, for hearing the Cause wherein Alexander Duke of Gordon and Elizabeth Dutchess of Gordon are Appellants, and Charles Earl of Murray and others are Respondents:

Hearing appointed on a Bye day.

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

Crosley versus Shadforth:

The House also (according to Order) took into Consideration the Petition of Nathamel Crosley; praying, That a Bye-day may be appointed, for hearing his Appeal, to which George Shadforth is Respondent:"

Hearing appointed on a Bye-day.

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

Farmer's Pet. concerning Writings to be delivered to Sir Cleave More.

Upon reading the Petition of Mary Farmer Widow, Executrix of the last Will and Testament of Edward Newman Gentleman, deceased; praying Leave to shew Cause, by her Counsel, why she should not be obliged to part with certain Writings mentioned in a Petition of Sir Cleave More, exhibited to this House on Monday last.

And thereupon the Agents on both Sides being called in, and heard in relation to this Matter:

And being withdrawn:

It is Ordered, That the Bill of Costs and Charges due to the Petitioner from the said Sir Cleave More, on Account of the said Newman's prosecuting and desending certain Suits in the Court of Exchequer on his Behalf, be forthwith taxed; and that, upon Payment thereof to the Petitioner, the Writings mentioned in the said Petition of Sir Cleave More be delivered to him.

Cromy versus Holland; Donnellan & al. versus Sir T. Taylor.

The House being informed, "That a Person attended at the Door, and desired to deliver in several Pleadings and Proceedings, in a Cause wherein Elizabeth Cromy is Appellant, and Mary Holland, alias Ash, is Respondent; and also in another Cause, wherein William Donnellan Gentleman and others are Appellants, and Sir Thomas Taylor Baronec and Stephen Taaffe Esquire are Respondents:"

Papers proved.

And thereupon John Graham Gentleman was called in; and delivered in, at the Bar, the said Pleadings and Proceedings; and attested, upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Blakeney versus Byrne:

The House being likewise informed, "That another Person attended, with several Papers and Proceedings, in a Cause wherein Catherine Blakeney Widow and Mable Blakeney are Appellants, and Walter Byrne Esquire is Respondent:"

Papers proved.

He was also called in; and, being sworn, delivered in, at the Bar, the said Papers and Proceedings; and attested, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Isaac versus Meredith and E. of Mount Alexander.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Simon Isaac Esquire is Appellant, and Jane Meredith and Henry Earl of Mount Alexander 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.

Adjourn.

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

Die Jovis, 6^o Martii, 1728, hitherto examined by us,

Warrington.
Jo. Carliol.
Edw. Chichester.
De Lawarr.
Fitz-Walter.
Haversham.

DIE Veneris, 15^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Middleton and Roberts versus Nelthrope & al.

The Answer of Henry Nelthrope Esquire and Joan his Wife, Elizabeth Seaman an Infant, and Edmund Lock Gentleman, to the amended Appeal of Philip Middleton Merchant:

Also, the Answer of Thomas Vere and Frances his Wife, Richard Berney Esquire, and Robert Bene Esquire, to the same Appeal:

Likewise, the Answers of the same Persons, to the amended Cross Appeal of John Roberts Esquire;

Were this Day brought in.

Wesselow's Nat. Bill.

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

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

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

York Buildings Company versus Sir John Meres.

Upon reading the Petition and Appeal of the Governor and Company of Undertakers for raising the Thames Water in York Buildings; complaining of an Interlocutor of the Lords of Session in Scotland, of the Twenty-seventh of February last, in so far as it concerns the loosing the Arrestments for the Principal Sums in the Appeal mentioned, in a Cause wherein Sir John Meres was Plaintiff, and the Appellants were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Sir John Meres may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the Twelfth Day of April next.

York Buildings Company versus Amsworth.

Upon reading the Petition and Appeal of the Governor and Company of Undertakers for raising the Thames Water in York Buildings; complaining of an Interlocutor of the Lords of Session in Scotland, of the Twentyseventh of February last, in so far as it concerns the loosing the Arrestments for the Principal Sums in the Appeal mentioned, in a Cause wherein Rowland Ainsworth Esquire was Plaintiff, and the Appellants were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Rowland Ainsworth may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the Twelfth Day of April next.

Oldenburg and Dumoustier, Nat. Bill.

The Lord Bishop of Peterborough reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Adam Oldenburg and Phillipe Dumoustier," was committed: "That they had considered the said Bill, as likewise the Petitions to them referred; and had gone through the same, and made some Amendments thereunto."

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

Maidenhead Bridge Highways, to repart, Bill:

The Lord Bishop of Peterborough also reported from the Lords Committees to whom the Bill, intituled, "An Act for making more effectual an Act passed in the Fourth Year of the Reign of His late Majesty King George, intituled, "An Act for repairing the Highways from Maidenhead Bridge to Sunning Lane End (next to Twyford), in the Road to Reading; and from the said Bridge to Henley Bridge,in the County of Berks, was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

The said Bill was read the Third Time.

And the Question being 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. Yard and Mr. Burroughs:

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

Ellison to use the Surname of Carre, Bill:

The Lord Bishop of Peterborough likewise reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Robert Ellison Esquire, and the Heirs and Issue of his Body, to take and use the Surname of Carre, according to the Will of his Uncle Francis Carre Esquire, deceased," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

The said Bill was read the Third Time.

And the Question being 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. Yard and Mr. Burroughs:

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

L. W. Powlett's Bill.

A Message was brought from the House of Commons, by Sir William Yonge and others:

With a Bill, intituled, "An Act for Relief of the Right Honourable the Lord William Powlett, One of the Tellers of His Majesty's Exchequer, in respect of a Sum of Money stolen out of his Office in the Year One Thousand Seven Hundred and Twentyfour;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

White & al. versus E. of Granard & al.

The House was informed, "That a Person attended at the Door, and desired to deliver in several Pleadings and Proceedings, in the Cause wherein John White Esquire and others are Appellants, and Arthur Earl of Granard, George Lord Forbes and others, are Respondents."

Papers proved.

And thereupon Mr. John Lord being called in, and sworn; he delivered in, at the Bar, the said Pleadings and Proceedings; and attested, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Walter versus Glanville:

After hearing Counsel, upon the Petition and Appeal of John Walter, of Busbridge in the County of Surry, Esquire; complaining of an Order of the Court of Chancery, made the Sixth Day of May 1726, in a Cause wherein the Appellant was Plaintiff, and William Glanville Esquire Defendant: As also upon the Answer of the said William Glanville put in to the said Appeal; and due Confideration had of what was offered on either Side in this Cause:

Order 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 Order therein complained of be, and is hereby, affirmed.

Came versus Came.

Upon reading the Petition of Francis Came and Jane Came, Appellants in a Cause depending in this House, to which John Came, an Infant, by Elizabeth Came his Mother and next Friend, and Mary Came, an Infant, by her Guardian, are Respondents; praying, "In regard the Decree of the Master of the Rolls, from which the Petitioners have appealed, is not signed by the Lord Chancellor, or enrolled in the Court of Chancery, that the Petitioners may be at Liberty to withdraw their said Appeal, without Prejudice, and with Liberty to appeal to the Lord Chancellor; and to apply to his Lordship to re-hear the Cause, if he shall think fit:"

Appeal from the Master of the Rolls withdrawn.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired; and that they be also at Liberty to apply to the Lord Chancellor, according to the Prayer of the said Petition.

Middleton versus Roberts & al. et è contra:

Upon reading the Petition of John Roberts Esquire; praying, "That the amended Appeal of Philip Middleton Merchant, and the Cross amended Appeal of the Petitioner, may be set down to be heard upon a Byeday, so that the Petitioner may not lose the Benefit of the present Session; the Answers to both the said Appeals being this Day brought in:"

It is Ordered, That these Causes be heard, by Counsel, at the Bar, on the same Day the Appeal of Francis and Jane Came (ordered to be withdrawn) stood for an Hearing.

Adjourn.

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

DIE Lunæ, 18^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Chatteris Ferry Road, to Somersham Bridge, to repair, Bill.

A Message was brought from the House of Commons, by the Lord Marquis of Hartington and others:

With a Bill, intituled, "An Act for repairing the Road leading from Chatteris Ferry, which divides the Isle of Ely from the County of Huntingdon, to Hammonds Eau, and from thence to Somersham Bridge, at Somersham Town's End, in the said County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Corker & al. versus Cuningham & al.

Upon reading the Petition and Appeal of Chambre Corker, John Jenkins Goldsmith, and William Hulls of London Merchant Executor of the last Will and Testament of Robert Hulls deceased, Charles Lewen, and Henry Faure, of London, Merchants, and Robert Corker of Falmouth Esquire; complaining of certain Interlocutors of the Lords of Session in Scotland, of the Day of February last, and the Twenty-seventh and Twenty-ninth Days of the same Month, made on the Behalf of James Cuningham, Daniel Peck, Philip Peck, and Anthony Robison; and praying, "That the same may be reversed:"

It is Ordered, That the said James Cuningham, Daniel Peck, Philip Peck, and Anthony Robison, 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 Monday the Fifteenth Day of April next; and that Service of this Order on the Respondents Agents, or Writers, in the Court of Session in Scotland, be deemed good Service.

L. W. Powlett's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Relief of the Right Honourable the Lord William Powlett, One of the Tellers of His Majesty's Exchequer, in respect of a Sum of Money stolen out of his Office in the Year One Thousand Seven Hundred and Twenty-four."

Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next come Sevennight; and the Lords to be summoned.

Donelan & al. versus Burke & al.

After hearing Counsel, upon the Petition and Appeal of Joseph Donelan Gentleman and Margarct his Wife, and John French of Aggard Esquire; complaining of an Order and Decree of the Court of Exchequer in Ireland, of the Twenty-eighth of June 1726, in a Cause wherein Miles Burke and Annable his Wife, John M^c Hugo and Mary his Wife, John Lenan and Christian his Wife, were Plaintiffs, and the Appellants 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 Miles Burke and Annable his Wife, John M'Hugo and Mary his Wife, John Lenan and Christian his Wife, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Reversed in Part, with Duections.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That that Part of the said Decree which gives Costs be, and is hereby, reversed; and that the rest of the said Decree be, and the same is hereby, affirmed: And it is further Ordered, That the said Plaintiffs Miles Burke and Annable his Wife, John M'Hugo and Mary his Wife, and John Lencn and Chrislian his Wife, do not proceed at Law, upon the Bond of Two Hundred Pounds from Ulick Burke to Miles Burke, for the Payment of One Hundred Pounds, for a Provision for the said Annable his Wife, nor to the Judgement entered thereupon; nor upon the Two several Bonds, of Six Hundred Pounds apiece, dated the Twentieth of April 1719, and the Judgements thereon entered, for securing Two Hundred Pounds apiece to the Plaintiffs Mary M^cHugo, Christian Lenan, and their Sister Sarah; and that Injunctions be directed to the said Plaintiffs, enjoining and requiring them, and every of them, their and every of their Executors, Administrators, and Assigns, and all Persons concerned for, or deriving under, the said Plaintisis, not to proceed at Law on the said several Bonds and Judgements; but, in regard the said Sarah, the other Sister, was not brought before the said Court of Exchequer, this House does not think fit to make any Order concerning her: And it is hereby further Ordered, That for the Fraud and Imposition on the Appellant Donelan by the said Miles Burke, the said Donelan shall receive, to his Use, the Rents and Profits of the Fifth Part of the said Lands descended to Annable Burke, from the Time of his Marriage with Margaret, for and during the Time that the said Miles Burke shall be entitled to the same, in Right of Annable his Wife, either during the Coverture, or as Tenant by the Courtesy.

Mutiny and Desertion, to punish Bill.

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.

The said Bill was read the First Time.

Address, for the Articles of War to be laid before the House.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to cause the proper Officers to lay before this House the Articles of War intended to be established for the Year ensuing."

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

Adjourn.

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

DIE Martis, 19^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King's Answer to the Address for Articles of War.

The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) presented to His Majesty their Lordships Address of Yesterday, for the Articles of War intended to be established for the Year ensuing to be laid before the House;" and that His Majesty was pleased to say, He would give Orders the same be forthwith laid before this House."

Dutchess of Portland's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Guardians of the Lord George Bentinck, Second Son of Henry late Duke of Portland, to make Leases of certain Houses, Grounds, and Tenements, in Soho, during the Minority of the said Lord George, for making Provision for his Maintenance; and for other Purposes therein mentioned," 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 said Bill be engrossed.

Wesselow's Nat. Bill.

The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Abraham Wesselow," was committed: That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Then the said Bill was read the Third Time.

And the Question being 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. Holford and Mr. John Bennet:

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

Oldenburgh and Dumoustier, Nat. Bills.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Adam Oldenburg and Phillipe Dumoustier."

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. John Bennct:

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.

Sir Jacob Jacobsen, to inspect Books, &c.

Upon reading the Petition of Sir Jacob Jacobsen Knight, and Theodore Jacobsen, Respondents to the Appeal of the Merchants of Almaine; praying, "That they may have Liberty, from Time to Time, as there shall be Occasion, to inspect the Books of Accompt, Papers, and Writings, which relate to the clearing the Accompts directed to be taken by an Order of the Court of Chancery appealed from, and which are now before Mr. Kinaston, One of the Masters of the said Court, and to take Copies of such Part of them as they shall be advised; and to have the same translated by a Notary Public; and that they may make Use of such Translations at the Hearing the said Cause in this House:"

It is Ordered, That the Petitioners be at Liberty to inspect the said Books, Papers, and Writings, as desired; and to take Copies thereof, at their own Expence, in order to be translated, and made Use of as may be agreeable to Law and Justice.

Murray versus Erskine & al.

Upon reading the Petition and Appeal of James Murray Merchant in Leith; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Day of July 1719, the Twentieth and Twenty-ninth of July 1726, the Twenty-fifth of February, the Twentieth and Thirty-first of July 1725, the First of February 1727, the Fifth of February 1725, the Seventeenth of January, and the Seventeenth, Twentieth, and Twenty-eighth of February last, made on the Behalf of David Erskine, Mr. Mac Lachlane, John Hay, and the Lady Kincairdine; and praying, "That the same may be reversed:"

It is Ordered, That the said David Erskine, Mr. Mac Lachlane, John Hay, and the Lady Kincairdine, 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 Sixteenth Day of April next; and that Service of this Order on the Respondents Procurators, or Agents, in the Court of Session in Scotland, be deemed good Service.

Chatteris Ferry Road, to Somersham Bridge, to repair, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from Chatteris Ferry, which divides the Isle of Ely from the County of Huntingdon, to Hammond's Eau; and from thence to Somersham Bridge, at Somersham Town's End, in the said County."

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

Johnson versus Johnson:

After hearing Counsel, upon the Petition and Appeal of Robert Johnson; complaming of a Decree made in the Court of the Dutchy of Lancaster, the Twentyninth Day of November 1725, in a Cause wherein Mary Johnson, Daughter and Heir of Richard Johnson, deceased, an Infant, by Mary Johnson Widow, Relict and Administratrix of the said Richard Johnson, her Mother and prochein Amie, was Plaintiff, and the Appellant and Elizabeth Johnson were Defendants; and praying, "That the same may be rectified:" As also upon the Answer of the said Mary Johnson, by her said Mother and prochein Amie, put in to the said Appeal; and due Confideration and Debate had of what was offered on either Side in this Cause:

Decree reversed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of in the said Appeal be, and is hereby, reversed: And it is hereby further Ordered, That the Clerk of the said Dutchy Court, or his Deputy, do take an Accompt of what is due to the Appellant for the Principal Sums of Two Hundred and Thirty Pounds and Ten Pounds Principal Money, and for the Interest of the said Sums; and that an Accompt be likewise taken of the Rents and Profits of the mortgaged Lands received by the Appellant, or for his Use, or which without his wilful Default or Neglect might have been received, since he came into the Possession and Receipt of the said Rents and Profits; in taking of which Accompt, the Appellant is to have all just Allowances, and to be examined upon Interrogatories as there shall be Occasion; and that, on Payment of what shall be found due unto the Appellant on such Accompt, together with his Costs, by a Day to be limited by the said Clerk or his Deputy, the Appellant shall re-convey his Mortgage to the Respondent, or such Person as she, or the said Court, shall appoint; but in case the said Money shall not be paid at the Day which shall be limited as aforesaid, then the Respondent's Bill is to be dismissed, with Costs.

Articles of War land before the House.

The House being informed, "That a Person from the Office of the Secretary at War attended:"

He was called in.

And Mr. Arnold presented to the House, at the Bar, "A Copy of the Articles of War intended to be established for the Year ensuing."

And then he withdrew.

And the Title thereof was read, by the Clerk.

Mutiny and Desertion, to punish, 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, on Thursday next.

Adjourn.

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

DIE Mercurii, 20^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bromley's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Estate of William Bromley Esquire and Mary his Wife, lying at Sundon, in the County of Bedford, in Trustees, to be sold, pursuant to an Agreement in their Marriage Settlement," was committed: That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Mr. Howard's Pet. referred to Judges.

Upon reading the Petition of the Honourable Charles Howard Esquire; praying Leave to bring in a Bill, to vest the Fee Simple and Inheritance of divers Manors, Messuages, and Lands, in the County of Essex, comprized in a certain Term of Five Hundred Years, in Trust, to raise any Sum of Money not exceeding Thirteen Thousand Pounds, to be applied for Payment of the just Debts of Charles William late Earl of Suffolk and Bindon, deceased:

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

Dutchess of Portland's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Guardians of the Lord George Bentinck, Second Son of Henry late Duke of Portland, to make Leases of certain Houses, Grounds, and Tenements, in Soho, during the Minority of the said Lord George, for making Provision for his Maintenance; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

L. Mayor of London & al. versus Pugh & Ux.:

After hearing Counsel, upon the Petition and Appeal of the Mayor, Commonalty, and Citizens, of the City of London, Governors of the Possessions, Revenues, and Goods, of the Hospitals of Edward the Sixth, late King of England, of Christ, Bridewell, and St. Thomas the Apostle; complaining of an Order of the Court of Chancery, of the Fourteenth of March 1726, whereby the Injunction obtained by the Appellants, to stay the Respondents Evan Pugh and Mary his Wife, from committing Waste, is dissolved; and praying, "That the same may be reversed:" As also upon the Answer of the said Evan Pugh and his Wife put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Order discharged.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order of the Fourteenth of March 1726, complained of in the said Appeal, be, and is hereby, discharged; and that the Court of Chancery do grant an Injunction, till the Hearing of the Cause.

Mr. Asgill to be brought, on Behalf of su Cleave More.

Upon reading the Petition of Sir Cleave More Baronet, Respondent to the Appeal of Ralph Freman, John Ellis, Esquires, and others; praying, "That the Marshal of The King's Bench Prison may permit John Asgill Esquire (alledged to be a material Witness for the Petitioner, now in the said Marshal's Custody) to attend this House, at the Hearing the said Cause:"

It is Ordered, That the said Marshal do bring the said John Asgill to this House at the said Hearing, which now stands appointed for Friday next, at the Expence of the Petitioner.

Adjourn.

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