House of Lords Journal Volume 23: February 1727, 11-20

February 1726, 11-20

DIE Sabbati, 11^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Freeman & al. versus Sir Cleave More.

This Day the Answer of Sir Cleave More Baronet, to the Appeal of Ralph Freman, Franklin Miller, Esquires, Elizabeth Greenhill Spinster, and John Ellis Esquire, was brought in.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir George Caswall and others:

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

Viscountess Fauconberg versus Evans.

Counsel were called in, to be further heard, in the Cause wherein the Viscountess Dowager Fauconberg is Appellant, and Thomas Evans Respondent.

And the several Affidavits allowed Yesterday to be read were read accordingly.

And the Counsel for the Respondent being fully heard; and divers Proofs on his Part read:

And the Appellant's Counsel having replied:

They were directed to withdraw.

And it being proposed, "To adjourn the further Consideration of this Cause to Monday next:"

After Debate;

The Question was put thereupon.

And it was Resolved in the Negative.

Then the following Order and Judgement was made:

Orders and Affirmance affirmed.

"After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Bridget Viscountess Dowager Fauconberg; complaining of certain Orders made by the Master of the Rolls, the Twenty-ninth of June One Thousand Seven Hundred and Twenty-five, and the Twenty-first of February following, in a Cause wherein the Appellant was Plaintiff, and Thomas Evans Defendant; and also of the Affirmance thereof by the Lord Chancellor, the Thirtieth of April last; and praying that the same may be reversed, and the Lease and Counterpart of certain Premises in Question delivered up and canceled, or a new Trial at Law granted; as also the Answer of the said Thomas Evans put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Orders and Affirmance thereof therein complained of be, and the same are hereby, affirmed."

Perkins to enter into Recognizance for Evington.

The House being moved, "That Hutton Perkins of Lincoln's Inne Gentleman may be permitted to enter into a Recognizance for William Erringion Gentleman, on account of his Appeal depending in this House, to which John Carrick and others are Respondents; the Appellant residing in the Country:"

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

Kennedy to enter into Recognizance for Lord Lovat.

The like Order for William Kennedy Esquire to enter into a Recognizance for Simon Lord Lovat, on account of his Appeal, to which Sir James M'kenzie of Royston and others are Respondents; the Appellant residing in Scotland.

Morse & al. versus Dubois & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Morse, Samuel Clarke Esquire, and Thomas Bowdler Esquire, are Appellants, and Charles Dubois, Arthur Moore, Edward Gibbon, and Grantham Andrews, Esquires, 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.

Crespin's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Daniel Crespin."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

Wall's Petition reterred to Judges.

Upon reading the Petition of John Wall the Elder, and John Wall the Younger, his only Son; praying Leave to bring in a Bill, for Sale of Part of the Estate of the said John Wall, for Payment of Debts; and for settling other Part of his Estate for the Education and Maintenance of his said Son:

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

Adjourn.

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

DIE Lunæ, 13^o Februarii.

Domini tam Spirituales quam Temporales præsehtes fuerunt:

PRAYERS.

Dutchess of Hamilton versus Sir R. Rich & al.

This Day the Answer of Sir Robert Rich Baronet and his Wife, and others, to the Appeal of Elizabeth Dutchess of Hamilton and Brandon:

Love versus Lettrange.

Likewise, the Answer of Henry Lestrange Esquire and others, to the Appeal of Dorothy Love Widow and others:

M'Gwire versus Madden.

As also, the Answer of Richard Madden, to the Appeal of Richard M^cGwire;

Were brought in.

Stirling versus Gray.

This Day being appointed, to hear Counsel, upon the Petition and Appeal of Walter Stirling Writer in Edinburgh; complaining of an Interlocutor and Decree of the Lords of Session in Scotland, of the First of January 172⁴/5, and the Affirmance thereof the Fifth of February following, made on the Behalf of William Gray; and praying, "That the same may be reversed:" As also upon the Answer of the said William Gray put in to the said Appeal:

Counsel appeared for the Respondent, but no Counsel for the Appellant.

And the Respondent's Counsel being heard; and praying, "That the said Interlocutor and Decree, and Affirmance thereof, may be affirmed:"

And being withdrawn:

The Answer of the Respondent was read.

And Consideration had of what was offered in this Cause:

Interlocutor and Affirmarce affirmed, with Costs.

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 Interlocutor and Decree, and Affirmance thereof, therein complained of, be, and are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondent, the Sum of Five Pounds, for his Costs in respect of the said Appeal.

Cames admitted in Forma Pauperis:

Upon reading the Petition of John and Elizabeth Came, Infants, by Elizabeth Came their Mother and Guardian, Respondents to the Appeal of Francis Came; praying, "In regard they were admitted in the Court of Chancery to prosecute in Forma Pauperis, that they may be so admitted to defend the said Appeal in this House; and that His Majesty's Attorney General and Mr. Willes may be assigned the Petitioners Counsel, and Henry Smith of Lincoln's Inne their Solicitor:"

And thereupon the said Henry Smith being called in, and sworn; and attesting the Truth of the Allegations of the said Petition:

Counsel and Solicitor assigned.

It is Ordered, That the Petitioners be admitted in Forma Pauperis; and that His Majesty's Attorney General and Mr. Willes be affigned the Petitioners Counsel, and the said Smith their Solicitor, according to the Prayer of the said Petition.

Report on Consideration of Three Appeals of the Suttors in Chancery.

The Earl of Findlater reported from the Lords Committees appointed to consider of the Appeal of Ascanius Christopher Lochman and Elizabeth his Wife; complaining of Two Orders made by the Lord Chancellor, the Eighth of September, and Twenty-first of October last, refusing an Allowance of Interest to the Appellants, for Money paid into the Hands of Mr. Dormer, One of the late Masters; also the Appeal of His Majesty's Attorney General, at the Relation of William Archbishop of Cashell in Ireland, and others; and the Appeal of Prideaux Sutton Clerk, and others, both in relation to Interest of the Suitors Money; and to search Precedents of receiving Appeals of this Nature; and report to the House: "That the Committee have considered the said Appeals; and have inspected the Journals, in relation to the Matter to them referred; and acquaint your Lordships, That, upon such Inspection, they find the following Precedents of Appeals from summary Proceedings of the Court of Chancery.

Precedents of Appeals from summary proceeding of the Court of Chancery.

"On the Fourteenth of February 1721, an Appeal of the Lady Wenman; complaining of certain Orders of the Court of Chancery, particularly of an Order, whereby the Petitioner was committed to The Fleet, for a Contempt, in not yielding Obedience to the several Orders of the said Court, was read; and ordered to be considered. On the Seventeenth of the same Month, the said Appeal was considered; and Sir William Osbaldeston was ordered to answer, who accordingly did put in his Answer, thereby submitting it to the House, whether the Appellant had properly appealed in a Case of this Nature; and the said Answer being read, a Committee was appointed, to inspect Precedents, how far this House hath proceeded in Appeals in like Cases; and on the Fifth of March following, Report was made from the said Committee of divers Cases; which they thought proper for the Consideration of the House; and the same, being read, was ordered to be taken into Consideration the next Day; on which Day the Consideration of the said Report was put off to a further Day; before which Time the Parliament was prorogued."

"On the Twenty-first of March 1723, an Appeal of the Lady Teynham; complaining of Two Orders of the Court of Chancery, made upon the Petitions of Dacre Barret Lennard Esquire and the said Lady Teynham, in relation to the Guardianship of her Infant Son, was presented, and read; and the said Dacre Barret Lennard was ordered to answer; who having answered accordingly, a Day of Hearing was appointed as usual; and on the Sixteenth of April 1724, the said Cause was heard, and the Orders of the Court of Chancery were reversed.

"And the Committee think proper further to acquaint your Lordships, that they do not find any Precedent where any Appeal from any summary Proceedings has been refused."

Which Report being read by the Clerk, the following Orders were made:

Lochman & Ux. Appeal: Attorn. Gen. to answer.

"Upon reading the Petition and Appeal of Ascanius Christopher Lochman Esquire and Elizabeth his Wife; complaining of Two Orders made by the Lord Chancellor, the Eighth of September and Twenty-first of October last, refusing an Allowance of Interest to the Appellants, for Money paid into the Hands of Mr. Dormer, One of the late Masters of the Court of Chancery; and praying such Relief as to the House shall seem just: It is Ordered, That His Majesty's Attorney General may have a Copy of the said Appeal; and do put in such Answer thereunto, in Writing, as he shall think proper, on or before Monday the Twenty-seventh Day of this Instant February."

Sutton & al. Appeal: Attorn. Gen. to answer.

"Upon reading the Petition and Appeal of Prideaux Sutton Clerk, Mercy Sheldon Spinster, and Giles Lawrence Gentleman, Executor and Residuary Legatee of Winefrid Sheldon, deceased; complaining of Two Orders made by the Lord Chancellor, the Eighth of September and Thirty-first of October last, whereby his Lordship refused to allow the Petitioners Interest for Money paid into the Hands of Mr. Dormer, One of the late Masters of the Court of Chancery; and praying such Relief as to the Wisdom and Justice of this House shall seem meet: It is Ordered, That His Majesty's Attorney General may have a Copy of the said Appeal; and do put in such Answer thereunto, in Writing, as he shall think proper, on or before Monday the Twenty-seventh Day of this Instant February."

Archbp. of Cashel & al. Appeal: His Majesty's Serjeant at Law to answer.

"Upon reading the Petition and Appeal of His Majesty's Attorney General, at the Relation of William Lord Archbishop of Cashell in the Kingdom of Ireland, and others; complaining of an Order made by the Lord Chancellor, the Thirteenth Day of December last, whereby his Lordship disallowed full Interest for Money paid into the Hands of Mr. Godfrey, One of the present Masters of the Court of Chancery; and praying, That the said Order may be reversed; and that full Interest may be allowed as in the Appeal mentioned, or that the Petitioners may be relieved as the House shall think fit: It is Ordered, That His Majesty's Serjeant at Law may have a Copy of the said Appeal; and do put in such Answer thereunto, in Writing, as he shall think proper, on or before Monday the Twenty-seventh Day of this Instant February."

Sechehaye's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, " An Act for naturalizing Louis Sechehaye."

Handel's Petition, to be added to Nat. Bill.

A Petition of George Frideric Handel, was presented to the House, and read; praying to be added to the Bill, intituled, "An Act for naturalizing Louis Sechehaye:"

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

Dillon & Ux. versus Shaen, & al.:

The House was informed, "That a Person attended, with several Pleadings and Proceedings, in the Cause wherein Robert Dillon Esquire and Susanna Lady Shaen his Wife are Appellants, and Frances, Elizabeth, and Susanna Shaen, Minors, by their prochein Amie, Thomas Magan Esquire, are Respondents:"

Pleadings proved.

And thereupon Mr. John Dillon 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.

Pitt's Appeal; Lords to be summoned, and Judges to attend.

Whereas To-morrow is appointed, to take into Consideration the Appeal of William Pitt Esquire and Samuel Pitt Merchant; complaining of Two Orders made by the Lord Chancellor, granting the Custody of the Person of Samuel Pitt, a Lunatic, the Appellants Uncle:

It is Ordered, That the Lords be summoned; and that the Judges, or some of them, do then attend.

Barnes & al. versus Otway, in Error.

The Lord Chief Baron of the Court of Exchequer, in the usual Manner, brought up the Transcripts of the Records upon Two Writs of Error:

In One of which,

Benjamin Barnes and Christopher Frederick Kreinberg are Plaintiffs, and Charles Otway is Defendant:

And in the other,

Erle & Pepper versusOtway.

Thomas Erle and George Pepper are Plaintiffs, and Charles Otway is Defendant.

Adjourn.

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

DIE Martis, 14^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Walter versus Glanville.

This Day the Answer of William Glanville Esquire, to the Appeal of John Walter Esquire, was brought in.

Mr. Handel takes the Oaths.

George Frideric Handel took the Oaths of Allegiance and Supremacy, in order to his Naturalization.

Sechehaye's Nat. Bill.

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

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.

Mr. Handel's Petition referred to the Committee.

Ordered, That the Petition of George Frideric Handel, praying to be added to the above-mentioned Bill, which was Yesterday ordered to lie on the Table till the Second Reading thereof, be referred to the said Committee.

Harrison versus Hart & al.

Upon reading the Petition and Appeal of Thomas Harrison Esquire; complaining of an Order, or Decree, of the Court of Exchequer, of the Third Day of this Instant February, in a Cause wherein the Petitioner was Plaintiff, and Moses Hart and Isaac Franks were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Moses Hart and Isaac Franks 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 Twenty-eighth Day of this Instant February.

Pitt's Appeal considered.

The House (according to Order) proceeded to take into Consideration the Petition and Appeal of William Pitt Esquire and Samuel Pitt Merchant; complaining of Two Orders made by the Lord Chancellor, the Twenty-third of December and Twenty-fifth of January last, granting the Custody of the Person of Samuel Pitt, a Lunatic, the Appellants Uncle, as in the Appeal is mentioned; and praying, "That the said Orders may be reversed."

And the said Appeal being read by the Clerk:

Notice was taken to the House, "That the Custody of Ideots and Lunatics was in the Power of the King, who might delegate the same to such Person as He should think fit."

Whereupon the Lord Chancellor produced a Paper, in Writing, under His Majesty's Royal Sign Manual, entrusting his Lordship with the Care and Commitment of the Custody of Ideots and Lunatics, and of their Persons and Estates.

And the same being read by the Clerk:

As also the Report made Yesterday from the Committee to whom the Consideration of Three Appeals, complaining of Orders of the Lord Chancellor, disallowing Interest for Money belonging to several of the Suitors in Chancery, formerly paid into the Hands of some of the Masters:

It was moved, "That the before-mentioned Appeal of the said William and Samuel Pitt might be received."

The Appeal not received.

And, after long Debate; and reading the Statute of the Seventeenth of King Edward the Second, de Prærogativa Regis, of Ideots, Cap. 9 and 10:

The Question was put, "Whether this Appeal shall be received?"

It was Resolved in the Negative.

Mr. Howard's Petition referred to Judges.

Upon reading the Petition of the Honourable Charles Howard Esquire; praying Leave to bring in a Bill, for vesting the Fee Simple and Inheritance of certain Premises, in the County of Essex, in Trustees, to sell or mortgage a competent Part thereof, to discharge the 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. Baron Hale; with the usual Directions, according to the Standing Orders.

Adjourn.

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

DIE Jovis, 16^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Jones versus Kenrick.

The Answer of John Kenrick Esquire, to the Appeal of Jasper Jones Gentleman and Frances his Wife:

Came versus Cames.

Likewife, the Answer of John Came an Infant, by Elizabeth Came his Mother and next Friend, to the Appeal of Francis Came and Jane Came:

As also, the Answer of Mary Came an Infant, by Thomas Corbyn her Guardian, to the said Appeal of Francis Came and Jane Came:

Were this Day brought in.

Furstenau & al. to be added to Nat. Bill:

Upon reading the Petition of Anthony Furstenau and Michael Schlegel Gentlemen; praying to be added to the Bill, intituled, "An Act for naturalizing Louis Sechehaye:"

It is Ordered, That the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed.

and take the Oaths.

Then the said Anthony Furstenau and Michael Schlegel were called in; and, at the Bar, took the Oaths of Allegiance and Supremacy, in order to their Naturalization.

Goulston & al. Petition referred to Judges.

Upon reading the Petition of Richord Goulston Esquire, Francis Goulston Esquire and Sarah his Wife, Charles Cæsar Esquire, and John Allen Apothecary; praying Leave to bring in a Bill, for annulling and making void a defective Proviso for Revocation, in a Settlement made on the Marriage of the Petitioners Francis Goulston and his Wife; and for establishing a practicable Power instead thereof:

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

Rand & al. Petition referred to Judges.

Upon reading the Petition of Thomas Rand of Anlaby in the County of York Gentleman and Anne his Wife, and of Robert Legard and Edward Legard Esquires, Brothers of the said Anne Rand; praying Leave to bring in a Bill, for Sale of certain Premises in the said County of York; and for purchasing another Estate, to be settled to the same Uses:

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

J. Kerrich, to amend Appeal.

The House being informed, "That in the Appeal of John Kerrich, One of the Respondents Names is mistaken; being therein called Maria Bransby, whereas it should have been Brandesby Bransby:"

It is Ordered, That the said Appeal may be rectified in that Particular, as desired.

Anne Kerrich to amend Appeal.

The House being also informed, "That in the Appeal of Anne Kerrich Widow, and others, the Name of Brandesby Bransby, One of the Respondents, was mistaken; she being therein called Maria Bransby:"

It is Ordered, That the said Appeal may be rectified in that Particular, as desired.

Johnson versus Johnson.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Robert Johnson is Appellant, and Mary Johnson 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.

Reeves to enter into Recognizance for Love & al.

The House being moved, "That Pelsant Reeves Gentleman may be permitted to enter into a Recognizance for Dorothy Love and Emma Gorbell, on account of their Appeal depending in this House, to which Henry Lestrange and others are Respondents; the Appellants residing in the Country:"

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

Cooper to enter into Recognizance for Lockman.

The like Order for Francis Cooper Gentleman to enter into a Recognizance for Ascanius Christopher Lockman Esquire, on account of his Appeal depending in this House, to which His Majesty's Attorney General is Respondent; the Appellant being out of the Kingdom.

Message from H. C. with a Bill.

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

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

Floyer versus Johnson:

After hearing Counsel, upon the Petition and Appeal of John Floyer Esquire; complaining of an Order, or Decree, of the Court of Exchequer, made the Eighth Day of December One Thousand Seven Hundred and Twenty-five, in certain Causes, wherein the Appellant was Plaintiff, and Richard Johnson of Hippenscombe in the County of Wilts Esquire Defendant, et è contra; and praying, "That the same may be reversed:" As also upon the Answer of the said Richard Johnson put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Reversed in Part.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Order and Decree as prohibits the former Verdict to be given in Evidence at the new Trial be, and is hereby, reversed: And it is hereby Ordered and Declared, That the Appellant is at Liberty to give the former Verdict in Evidence at the new Trial: And it is hereby further Ordered, That a View of the Premises in Question be had, as directed at the former Trial.

Land Tax Bill.

Hodie 1^a vice lecta eft Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Twentyseven."

Adjourn.

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

Die Martis, 13^o Junii, 1727, hitherto examined by us,

Jo. Carliol.
Jo. Norwich.
De Lawarr.

DIE Veneris, 17^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sechehaye's Nat. Bill.

The Lord Waldegrave reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Louis Sechehaye, was committed: "That they had considered the said Bill, and also the Petitions to them referred; and had gone through the Bill, and made some Amendments thereunto."

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

Brodnax to change his Name to May, Bill.

A Message was brought from the House of Commons, by Sir Edward Knatchbull and others:

With a Bill, intituled, "An Act to enable Thomas Brodnax Esquire, and the Heirs and Issue of his Body, to take and use the Surname of May;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Land Tax Bill:

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

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.

Walter versus Glanville.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Walter Esquire is Appellant, and William Glanville Esquire 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.

Brand versus Wilmott & al. et è contra.

Whereas Monday next is appointed, for hearing the Causes wherein Thomas Brand is Appellant, and John Wilmott, Jonathan Welch, and Thomas Alsop, are Respondents; and wherein the said Respondents are Appellants, and Thomas Brand, George Wingfield, Henry Vere Graham, Abel Wilkinson, and James Plume, are Respondents:

And the House being informed, "That the Parties concerned on either Side in these Causes were come to an Agreement in relation to the Matters in Question, and did therefore desire the Appeals might be withdrawn:"

And the several Agents being called in;

And the Appellants Agents desiring the said Appeals might be withdrawn; and the Respondents Agent consenting:

Appeals withdrawn.

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

Turnour & al. Petition referred to Judges.

Upon reading the Petition of Edward Turnour Esquire, George Ward Gentleman and Isabella his Wife, and Dorothea Turnour; praying Leave to bring in a Bill, for vesting the Manors of Great Hallingbury and Little Hallingbury, Wallbury, and Monkbury, and the Forest or Chace in the Parish of Hatfeild, in the County of Essex; and also the Manor or Lordship of Bluntshall, in the County of Suffolk; and the Manor or Lordship of Winterton, in the County of Norfolk, in Trustees, to be sold, for the Payment of Mortgages, and all other Debts to which the said Estates are subject by Virtue of the Will of Sir Edward Turnour; and for laying out the Surplus of the Money, if any, raised by such Sale, in the Purchase of Lands, to be settled to the Uses in the said Sir Edward Turnour's Will 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.

M'Guire versus Maddon.

After hearing Counsel, upon the Petition and Appeal of Richard M'Guire of the City of Dublin Merchant; complaining of Two Orders, or Decrees, of the Court of Chancery in Ireland, of the Tenth of July One Thousand Seven Hundred and Twenty-three, and Fourth of February One Thousand Seven Hundred and Twentyfour, in a Cause wherein Richard Madden Merchant was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed; and that the Injunction granted by the last mentioned Order may be dissolved; and the Plaintiff's Bill dismissed, with Costs:" As also upon the Answer of the said Richard Madden put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decrees reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Orders, or Decrees, complained of in the said Appeal, be, and the same are hereby, reversed; and that the said Injunction be, and is hereby, dissolved: And it is further Ordered, That the Respondent's Bill in the said Court of Chancery be, and is hereby, dismissed with Costs, to be taxed by a Master of the said Court; and that the same, when so taxed, be paid by the said Respondent to the Appellant.

Lands in Little Rossington, to enclose, Bill.

The Lord Ducie presented to the House, pursuant to their Lordships Order of the First Instant, a Bill, intituled, "An Act for exchanging, enclosing, and reducing into Severalty, the Lands in the Common Fields, Common Meadows, Mowing Ground, Pasture, or Feeding Grounds, and all other the Lands lying Open, in the Parish of Little Rissington, in the County of Gloucester."

The said Bill was read the First Time.

Essington & Ux. peremptorily to answer Thurston's Appeal.

The House was informed, "That John Essington Esquire and Mary his Wife, who, by Order of this House of the First Instant, were required to put in their Answer to the Appeal of Mary Thurston Widow on or before the Fifteenth Instant, have neglected to put in their Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon Dighton Mathews being called in, and examined upon Oath, touching the said Service;

And being withdrawn:

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

Dames versus Dames:

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Dames is Appellant, and Elizabeth Dames Widow Respondent:"

Hearing appointed.

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.

Keech to enter into Recognizance for Sutton & al.

The House being moved, "That Richard Keech of Lincoln's Inne Gentleman may be permitted to enter into a Recognizance for Prideaux Sutton Clerk, Mercy Sheldon Spinster, and Giles Lawrence Gentleman, on account of their Appeal, to which His Majesty's Attorney General is Respondent; the Appellants residing in the Country:"

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

Adjourn.

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

DIE Lunæ, 20^o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Price versus Baker & al. Answer.

The Answer of Thomas Baker Clerk and Watkin Williams Wynne Esquire, to the Appeal of Anne Price Widow:

Orlebar versus Conway.

Also, the Answer of Edward Conway Esquire, to the Appeal of John Orlebar Esquire:

Baynes versus Bertie & Ux.

And likewise, the Answer of Peregrine Bertie Esquire and Elizabeth his Wife, to the Appeal of Richard Baynes and Anne Langton;

Were this Day brought in.

D Manchester's Petition referred to Judges.

Upon reading the Petition of William Duke of Manchester; praying Leave to bring in a Bill, for vesting several Rectories, Parsonages, Churches, and Chapels, of Breamore, Rockbourn, Whitsbury, and Quidesley, with the Glebe Lands and Appurtenances to the same belonging, in Trustees, to enable them to put in Execution certain Trusts and Powers contained in an Indenture in the Petition mentioned:

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

Lady Effingham versus Napier & al.

Upon reading the Petition and Appeal of Elizabeth Lady Effingham; complaining of an Order of the Court of Chancery, of the Twenty-seventh Day of January last, in certain Causes, wherein Sir John Napier Baronet, late an Infant, by his next Friend, was Plaintiff, and the Petitioner and others were Defendants; and wherein the said Petitioner was Plaintiff, and Sir John Napier and others were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Sir John Napier and the other Defendants 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 Sixth Day of March next.

Sechehaye's Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Louis Sechehaye."

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

It was Resolved in the Affirmative.

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

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.

Roberts peremptorily to answer Middleton's Appeal.

The House was informed, "That John Roberts Esquire, who, by Order of this House of the Twenty-seventh of January last, was required to put in his Answer to the Appeal of Philip Middleton Merchant on or before the Tenth Instant, has neglected so to do, though duly served with the said Order for that Purpose."

And thereupon Bartholomew Russell 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 his Answer to the said Appeal, in a Week.

Came versus Came.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Francis Came and Jane Came are Appellants, and John Came an Infant, by Elizabeth Came his Mother and next Friend, 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.

Radcliffe & Ux. Petition referred to Judges.

Upon reading the Petition of Walter Radcliffe Esquire and Admonition his Wife; praying Leave to bring in a Bill, to enable the Petitioners to vest certain Estates in Witham Tracy, in the County of Somerset, and Black Torrington, in the County of Devon, in Trustees, to be sold; and that the Money arising thereby, and also the Surplus, if any, of the Money to be raised by Sale of the said Premises, may be laid out in the Purchase of other Lands contracted for, to be settled to the same Uses as the said Estates are now respectively settled:

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

Amphlett, Leave for a Bill:

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

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Copyhold and other Lands in John Amphlett Esquire, in Lieu of the Freehold Lands agreed to be purchased and settled on him by the Marriage Articles of Joseph Amphlett Esquire his late Father, with Anne his Wife (both deceased); and for making Provision for the Younger Children of that Marriage."

Lands in Little Rossington to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for exchanging, enclosing, and reducing into Severalty, the Lands in the Common Fields, Common Meadows, Mowing Ground, Pasture, or Feeding Grounds, and all other the Lands lying Open, in the Parish of Little Rissington, in the County of Gloucester."

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

Land Tax Bill:

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

After some Time spent therein, the House was resumed.

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

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. Kinaston and Mr. Thomas Bennet:

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

Brodnax to change his Name to May, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas Brodnax Esquire, and the Heirs and Issue of his Body, to take and use the Sirname of May."

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 Wednesday next, at the same Place; and to adjourn as they please.

Ellison versus Stewalt:

Upon reading the Petition of Thomas Cole Gentleman, Agent for William Stewart, Respondent to the Appeal of Nathan Ellison; praying, "That the Hearing the said Cause may be adjourned for Three Weeks; by which Time an Agreement may be perfected, or the Petitioner may have Money to defend the said Appeal at Hearing:"

And thereupon the Petitioner, as also Mr. Jabez Collier the Appellant's Agent, being called in; and the said Cole being examined touching the Allegations of the said Petition; and offering to the House a Letter he had lately received from the Respondent in Ireland, intimating, "That the Matters in Question were accommodated:"

And John Madden, at the Instance of the said Cole, being called in; and examined upon Oath, touching his Knowledge of making up the said Cause:

And the said Letter being read:

And Mr. Collier desiring, "That the Cause might not be put off, the same having been depending a considerable Time:"

Cole's Petition rejected.

It is Ordered, That the said Petition be, and is hereby, rejected.

Bean versus Lansdell.

Upon reading the Petition and Appeal of Charles Bean; complaining of a Decree of the Court of Exchequer, of the Twenty-third of November 1721; and also of the Minutes taken the Eleventh of July, about the End of Trinity Term last; and also of an Order of the Seventh of December last, by which the Petitioner's Exceptions to the Deputy Remembrancer's Report were over-ruled; and likewise of the Minutes taken on the Twenty-seventh of January last; and of an Order of the Eleventh of this Instant February; and other the Proceedings in the said Court, in certain Causes, wherein John Lansdell Esquire, by Bill of Revivor, was Plaintiff, and the Petitioner Defendant, et è contra; and praying, "That the same may be reversed:"

It is Ordered, That the said John Lansdell may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Sixth Day of March next.

Baynes & al. versus Bertie & Ux.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Richard Baynes and Anne Langton are Appellants, and Peregrine Bertie Esquire and Elizabeth his Wife 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.

Lady Cass's Petition referred to Judges.

Upon reading the Petition of Dame Elizabeth Cass, Widow and Relict of Sir John Cass Knight, deceased, late One of the Aldermen of the City of London; praying Leave to bring in a Bill, for making effectual the last Will of the said Sir John Cass, bearing Date the Fifth Day of July One Thousand Seven Hundred and Eighteen, in order to establish the Charity ordered and designed by the said Sir John, by his said last mentioned Will:

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.

Guillemau, Nat. Bill.

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

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

The said Bill was read the First Time.

Sechehaye's Nat. Bill.

A Message was brought from the House of Commons, by Sir George Caswall and others:

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

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

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

Who being come, with their Speaker; he after a short Introduction in relation to the Land Tax Bill to be passed, delivered the same to the Clerk, who brought it to the Table; where the Clerk of the Crown read the Title of that and the Titles of the Two other Bills to be passed, severally, as follow:

Bills passed.

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

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

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

"2. An Act for naturalizing Daniel Crespin."

"3. An Act for naturalizing Louis Sechebaye, George Frideric Handel, and others."

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

"Soit fait comme il est desiré."

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

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Harris to enter into a Recognizance for Eyre.

The House being moved, "That Mr. George Harris may be permitted to enter into a Recognizance for John Eyre Esquire, on account of his Appeal depending in this House, to which Laughlin Daly is Respondent; the Appellant residing in Ireland:"

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

Collier to enter into Recognizance for Harrison.

The like Order for Jabez Collier Gentleman to enter into a Recognizance for Thomas Harrison Esquire, on account of his Appeal, to which Moses Hart and Isaac Franks are Respondents.

Adjourn.

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