House of Lords Journal Volume 23: March 1730, 1-10

March 1729, 1-10

DIE Martis, 3^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

St. Mary Strafford, Bow, Minister, Bill.

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

With a Bill, intituled, "An Act for providing a Maintenance for the Minister of the Parish Church of St. Mary Stratford, Bow, in the County of Middlesex;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Davis versus Gibbs.

Upon reading the Petition and Appeal of Henry Davis Gentleman, surviving Executor of Dame Margaret Boreman deceased, and Brother and Heir of his late Sister Elizabeth Gibbs (late Elizabeth Davis, deceased) complaining of Two Decrees of the Court of Chancery, of the Twenty-seventh of January 1728, and Twenty-first of May 1729, made by the Master of the Rolls, and of an Order of the Seventh of February last, for the confirming thereof, and of all subsequent Orders and Proceedings thereon, in a Cause wherein Henry Gibbs, by Bill of Revivor, was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed or varied:"

It is Ordered, That the said Henry Gibbs may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Seventeenth Day of this Instant March.

Visc. Barrington versus Searle.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up a Writ of Error, wherein John Viscount Barrington is Plaintiff, and Susannah Searle Widow Defendant.

Eyre versus Daly.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Eyre Esquire is Appellant, and Laughlin Daly Gentleman 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.

Jervoise, Petition referred to Judges.

Upon reading the Petition of Thomas Jervoise Esquire; praying Leave to bring in a Bill, for restraining the Petitioner's Son Thomas Jervoise, a Lunatic, from marrying, or disposing of or encumbering the Estate entailed upon him, during his Lunacy; and for other Purposes in the Petition mentioned:

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

Luther & al. Petition referred to Judges.

Upon reading the Petition of Edward Luther Esquire, John Kidby Gentleman, and Elizabeth Wright Widow, Trustees named in the Will of Dorothy Kidby Widow, deceased; praying Leave to bring in a Bill, to enable the Petitioners to execute the Trusts of the Will of the said Dorothy Kidby, and to convey an Estate in the County of Essex to such Persons as shall be Purchasers thereof:

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 Mr. Justice Price; with the usual Directions, according to the Standing Orders.

Dutchess, of Buccleuch and Mr. Scott, Petition referred to Judges.

Upon reading the Petition of Anne Dutchess of Buccleuch and Francis Scott Esquire, commonly called Earl of Dalkeith, her Grandchild; praying Leave to bring in a Bill, for enabling the Petitioners and those who shall succeed in their Estate in Scotland to let Leases for working of Mines:

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

Bagenal's Petition referred to Judges.

Upon reading the Petition of Walter Bagenal Esquire, Eldell Son and Heir of Dudley Bagenal Esquire, deceased; praying Leave to bring in a Bill, for purchasingin the Petitioner's Mother's Jointure, and for making long Leases; and also to sell a competent Part of an Estate in the Kingdom of Ireland, for Payment of the Petitioner's Debts, and providing for himself and Family:

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

Martin's Petition referred to Judges.

Upon reading the Petition of William Martin Esquire; praying Leave to bring in a Bill, for vesting a Trust Estate in the Kingdom of Ireland, and Interest in certain Estates contracted to be purchased, in the Heir at Law, and other Persons in the Petition mentioned, for compleating the said Purchase, in Performance of the Purchase Articles:

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

Foord versus Foord.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Foord is Appellant, and Ellen Foord an Infant, by William Jolly her Guardian, 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.

Commons will return an Answer about Mr. Shepherd's attending.

The Messengers sent on Friday last to the House of Commons, to desire, "That they would give Leave, that Samuel Shepherd Esquire, a Member of their House, might attend this House, in order to be examined, as a Witness upon the Bill, intituled, "An Act to dissolve the Marriage of James Jenyns Esquire with Rachel Estwick, and to enable him to marry again, and to illegitimate the spurious Child that has been born of her since her Separation, and any other Child which shall be born of her; and for other Purposes therein mentioned," acquainted their Lordships, "That the House of Commons would send an Answer by Messengers of their own."

Jenyns, to dissolve his Marriage, Bill.

The Order of the Day being read, for the Second Reading of the last mentioned Bill of Divorce; and for hearing Counsel as well against as for the same:

Counsel were accordingly called in.

And the said Bill was read a Second Time.

And the Counsel for the Bill opened the Nature of the Allegations thereof.

And several Witnesses were examined upon Oath; who proved the Elopement of the said Rachel from her Husband, and her having had carnal and adulterous Conversation with Pendarves Kekewich Esquire.

And Mr. Bryan Rushworth produced the Sentence of Divorce à Thoro et Mensa, obtained against the said Rachel in the Ecclesiastical Court, and read the same, at the Bar.

Which done;

Counsel for the said Rachel was heard against the Bill; and acquainted the House, "That there were Articles of Agreement, in Writing, between Mr. Jenyns and his Wife, relating to the Matter of the intended Divorce; and a Suit in Chancery commenced touching the said Articles."

After which;

Counsel for the Bill were heard, by Way of Reply.

And then they were directed to withdraw.

Ordered, That the further Consideration of the said Bill be adjourned to Thursday next; and that there be forthwith laid before this House, the original Articles of Agreement produced at the Bar; as also any other Articles of Agreement mentioned or recited therein; together with a Draught of the Bill and Answer in Chancery, of which Information was given to the House, at the Bar.

Kekewich to attend.

Ordered, That the said Pendarves Kekewich (who had Liberty, on his own Application, to be heard by Counsel against the said Bill, but did not appear) do attend this House on Thursday next.

Adjourn.

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

DIE Mercurii, 4^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Writings delivered by Mrs. Jenyns's Solicitor.

The House being informed, "That Mr. Wells, Agent for Mrs. Jenyns, attended, with the Articles of Agreement, Draught of the Bill exhibited in Chancery by Mr. Estwick and the said Mrs. Jenyns his Daughter, and the Answer of Mr. Jenyns put in thereunto:"

He was called in; and delivered the several Writings above-mentioned in at the Bar:

And then he withdrew.

Maxwell & al. peremptorily to answer Cutlar's Appeal.

The House was informed, "That Alexander Maxwell of Newlaw, Alexander Maxwell of Balmangan, and others, who, by Order of the Twenty-eighth of January last, were required to put in their Answer or respective Answers to the Appeal of Archibald Cutlar of Orraland on or before the Twenty-fifth of February last, have neglected so to do, though duly served with the said Order for that Purpose."

Thereupon an Affidavit, made by William Ross, of the due Service of the said Order, being read:

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

St. Mary Stratford, Bow, Minister, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for providing a Maintenance for the Minister of the Parish Church of St. Mary Stratford, Bow, 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 Monday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sir Cha. Mordaunt's Petition:

The House being moved, "In regard the Judges to whom the Petition of Sir Charles Mordaunt Baronet and others stands referred are gone the Circuit, that the Consideration of the same Petition be transferred to the Lord Chief Justice of the Court of King's Bench and Mr. Justice Price:"

Judge's altered.

It is Ordered, That the Consideration of the said Petition be transferred to the said Judges accordingly; with the usual Directions, according to the Standing Orders.

Mason versus Hawkins & al.

After hearing Counsel, upon the amended Petition and Appeal of Samuel Mason Esquire; complaining of a Decree of the Court of Chancery, made by the Master of the Rolls, the Twelfth of June 1727, in a Cause wherein Moses Hawkins since deceased, and others, were Plaintiffs, and the Appellant was Defendant; and praying, "That the same may be reversed:" As also upon the several Answers of Mary Dawes, Darius Deek and Elizabeth his Wife, William Dawes, Cuthbert Smith, Moses Hawkins, and William Dawes, Executors of the said Moses Hawkins, deceased, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of be, and is hereby, affirmed.

Sir W. Barker versus Damer & al.

Upon reading the Petition and Appeal of Sir William Barker Baronet; complaining of several Orders of the Court of Chancery in Ireland, made the Ninth and Nineteenth of May 1729, and Twenty-ninth of January last, in a Cause wherein John Damer and Joseph Damer, Executors of Joseph Damer Esquire deceased, and Nathaniel Evans were Plaintiffs, and the Appellant was Defendant; and praying, "That the same may be reversed, and such Order therein made as to their Lordships shall seem meet:"

It is Ordered, That the said John Damer, Joseph Damer, and Nathaniel Evans, 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 Wednesday the Eighth Day of April next; and that Service of this Order on the said Respondents Clerk in the said Court of Chancery in Ireland be deemed good Service.

Adjourn.

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

DIE Jovis, 5^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Arcedeckne versus Burke & Cullanane.

The Answers of William Burke and Florence Cullanane Gentlemen, to the Appeal of Mathias Arcedeckne and Mary Arcedeckne, alias Hanen, his Wife:

Horan versus Arcedekne.

Also, the Answers of Mathias Arcedeckne and Mary his Wife, to the Cross Appeal of James Horan:

Cutlar versus Maxwell.

Likewise, the Answers of Alexander Maxwell of Newlaw and others, to the Appeal of Archibald Cutlar of Orroland:

Davies versus Gibbs.

And also, the Answer of Henry Gibbs Gentleman, to the Appeal of Henry Davis Gentleman;

Were brought in:

Borthwick versus Borthwick.

Upon reading the Petition and Appeal of Lilly Borthwick, only Daughter of John Borthwick of Hartside, deceased; complaining of Two Interlocutory Sentences of the Lords of Session in Scotland, of the Eleventh and Twenty-first of February last, made on the Behalf of Mr. John Borthwick of Crookstown, Advocate; and praying, "That the same may be reversed:"

It is Ordered, That the said John Borthwick may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the Second Day of April next; and that Service of this Order upon the Procurators or Agents of the said Respondent, in the Court of Session in Scotland, be deemed good Service.

Jenyns to dissolve his Marriage, Bill.

The House (according to Order) proceeded to take into further Consideration the Bill, intituled, "An Act to dissolve the Marriage of James Jenyns Esquire with Rachel Estwick, and to enable him to marry again; and to illegitimate the spurious Child that has been born of her since her Separation, and any other Child which shall be born of her; and for other Purposes therein mentioned."

And certain Articles of Agreement, dated the Third of June 1727, delivered in Yesterday at the Bar, were read.

Then it was proposed, "To commit the Bill."

Which being objected to;

And a Question stated thereupon:

The previous Question was put, "Whether that Question shall be now put?"

And it was Resolved in the Affirmative.

Then the main Question was accordingly put.

And it was Resolved in the Negative.

Bill rejected.

Ordered, That the said Bill be rejected.

Ordered, That the Papers laid before this House Yesterday, by Mrs. Jenyns's Solicitor, be returned to him again.

Magistrates of Perth versus Presbytery of Perth.

Counsel (according to Order) were called in, to be heard, in the Cause wherein the Magistrates and Town Council of Perth, for themselves and in Behalf of the Community of the said Borough, are Appellants, and the Presbytery of Perth are Respondents.

And the Counsel for the Appellants, and One Counsel for the Respondents, being heard; they were directed to withdraw.

And being withdrawn:

It is Ordered, That the further hearing the said Cause be adjourned till To-morrow; and that the Cause wherein James Lord Baron of Kingston in Ireland is Appellant, and Brettridge Badham Esquire Respondent, appointed for that Day, be adjourned to Monday next; and the other Causes on Cause-days removed in Course.

Adjourn.

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

DIE Veneris, 6^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Magistrates of Perth versus Presbytery of Perth.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of the Magistrates and Town Council of Perth, for themselves, and in Behalf of the Community of the said Borough; complaining of several Interlocutors of the Lords of Session in Scotland, of the Twelfth, Twenty-third, and Twenty-fifth of July, the Twenty-first of November, the Twenty-fourth of December, the Fourteenth of January, and Fifth of February, 1728, made on the Behalf of the Presbytery of Perth; and praying, "That the same may be reversed, and the Appellants relieved:" As also upon the Answer of the said Presbytery put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Interlocutors 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 several Interlocutors therein complained of be, and the same are hereby, affirmed.

Sir Wm. Gordon versus Gordon.

Upon reading the Petition and Appeal of Sir William Gordon of Invergordon; complaining of several Interlocutors of the Lords of Session in Scotland, of the Twenty-sixth of February, the Thirteenth of June, the Second of July, and Twenty-first of November, 1729, and the Eleventh, Twelfth, Seventeenth, and Days of February last, made on the Behalf of Lodovick Gordon Merchant in Elgin; and praying, "That the same may be reversed:"

It is Ordered, That the said Lodovick Gordon 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 Third Day of April next; and that Service of this Order upon the Procurator or Agent of the said Respondent, before the Court of Session in Scotland, be deemed good Service.

Davis versus Gibbs:

Upon reading the Petition of Henry Gibbs Gentleman, Respondent to the Appeal of Henry Davis Gentleman; praying, "In regard the said Appeal is brought for Delay and Vexation, as the Petitioner conceives, that a Byeday may be appointed, for hearing the said Cause:"

Hearing appointed on a Bye-day.

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

Sir Daniel O Carrol peremptorily to answer Sir J. Lambert's Appeal.

The House being informed, "That Sir Daniel O Carrol Knight, who, by Order of the Twenty-eighth of January last, was required to put in his Answer to the Appeal of Sir John Lambert Baronet on or before the Eleventh of February following, has neglected so to do, though duly served with the said Order for that Purpose:"

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

And being withdrawn:

It is Ordered, That the said Sir Daniel O Carrol do peremptorily put in his Answer to the said Appeal in a Week.

Cutlar versus Maxwell & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Archibald Cutlar is Appellant, and James Maxwell and others are Respondents:"

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

Inglis to enter into a Recognizance for Arrot.

The House being moved, "That Patrick Inglis Gentleman may be permitted to enter into a Recognizance for William Arrot, on account of his Appeal; he residing in Scotland:"

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

Adjourn.

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

DIE Lunæ, 9^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cokburn versus Col. Ogilvie

The Answer of the Honourable Colonel Patrick Ogilvie, to the Appeal of John Cokburne Esquire:

Campbell versus Aikenhead.

Also, the Answer of John Aikenhead, to the amended Appeal of Elizabeth Campbell Widow:

Ferguson versus Maitland.

Likewise, the Answer of William Maitland, to the Appeal of William Fergusson of Auchinblain;

Were brought in.

Messages from H. C. with a Bill; and to return the Bill for enclosing Mixbury Common Fields.

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

With a Bill, intituled, "An Act for making more effectual an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, for repairing and widening the Road from Sherbrook Hill, near Buxton and Chapple in the Frith, in the County of Derby, to Manchester, in the County of Lancaster;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act to confirm an Agreement, for enclosing the Common Fields, Downs, Waste, and Unenclosed Lands, Part of the Manor of Mixbury, in the County of Oxon, and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Lady Dow. Abergevenny's Petition for a Byeday.

Upon reading the Petition of Anne Lady Dowager Bergevenny, Respondent to the Appeal of Alured Pincke Esquire and Elizabeth Lady Bergevenny; praying, "In regard the hearing the said Appeal has been put off several Times since it was first appointed, that a Byeday may be appointed for the said Hearing:"

It is Ordered, That the former Order for hearing this Cause be discharged; and that the same be heard on the First Saturday after the Recess at Easter.

Cokburne versus Ogilvie:

Upon reading the Petition of Alexander Hamilton, Agent for Colonel Patrick Ogilvie, Respondent to the Appeal of John Cokburne Esquire; praying, "That the Clerks to the Suit brought by the Appellant, before the Court of Session in Scotland, be required to deliver to Ludowick Donaldson, the Respondent's Agent, or his Order, the Decree of ranking of the Creditors upon the Estate of Colonel John Montgomery, produced in the said Court as a Voucher; the Petitioner agreeing to communicate the Use thereof to the Appellant in this Cause:"

Clerks of Session to deliver a Decree of that Court.

It is Ordered, That the said Clerks do forthwith deliver to the said Ludowick Donaldson, or his Order, the said Decree, on giving a Receipt for returning the same again.

Cokburne's Appeal, Hearing appointed on a Bye-day.

The House being moved, "That a Bye-day may be appointed, for hearing the Cause wherein John Cokburne Esquire is Appellant, and Colonel Patrick Ogilvie Respondent:"

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

De Ghettoff & al. versus London Assurance Company.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Gio Marino de Ghettoff, A Du Bois de Vroylande, and others, are Appellants, and the Governor and Company of The London Assurance 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.

L. Cadogan's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Manor of Okeley, and other Lands, in the County of Bucks, in Trust, for Charles Lord Cadogan and his Heirs; and for settling other Lands, of equal Value, in the Counties of Oxon and Berks, to the same Uses, in Lieu thereof," was committed: "That they had considered the said Bill; that the Parties concerned had given their Consents; and that the Committee had gone through the same, with some Amendments."

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

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

East Wellow Common, to enclose, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing Part of the Waste, or Common, called East Wellow Common, belonging to the Manor and Tithing of East Wellow, in the County of Southampton; and for vesting a certain Annual Rent Charge in Trustees, for the Benefit of the Poor of the Tithing of East Wellow aforesaid, for ever," 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.

Message to H. C. that there is no Occasion for Mr. Shepherds Attendance.

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

To acquaint them, "That this House having rejected the Bill, intituled, "An Act to dissolve the Marriage of James Jenyns Esquire with Rachel Estwick, and to enable him to marry again; and to illegitimate the spurious Child that has been born of her since her Separation, and any other Child which shall be born of her; and for other Purposes therein mentioned; their Lordships have no Occasion for the Attendance of Samuel Shepherd Esquire, a Member of their House, as a Witness upon the said Bill."

L. Kingston versus Badham.

Counsel (according to Order) were called in, to be heard, in the Cause wherein James Lord Baron of Kingston in the Kingdom of Ireland is Appellant, and Brettridge Badham Esquire Respondent.

And the Appellant's Counsel being heard:

They were all directed to withdraw.

And being withdrawn:

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

Adjourn.

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

DIE Martis, 10^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Henriques & al. versus Dutch West India Company.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up a Writ of Error, wherein Jacob Lopez Henriques and others are Plaintiffs, and the Dutch West India Company Defendants.

L. Kingston versus Badham.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of James Lord Baron of Kingston in the Kingdom of Ireland; complaining of several Orders, or Decrees, of the Court of Chancery in the said Kingdom, made the Twenty-third of May, the Twenty-seventh of June, and Sixteenth of July, 1720, and all other subsequent Orders, in a Cause wherein the Appellant was Plaintiff, and Brettridge Badham Esquire was Defendant; and praying, "That the same may be reversed or rectified:" As also upon the Answer of the said Brettridge Badham put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Orders or Decrees reversed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That that Part of the said Decree of the Twenty-seventh of June 1720, which relates to the Settlement of the Appellant's Estate, be, and is hereby, reversed; and that such Part of the Appellant's original Bill as seeks to set aside so much of the Articles of the Twenty-first of March 1714, as relates to the said Settlement, be, and is hereby, dismissed, but without Prejudice: And it is hereby further Ordered and Adjudged, That so much of the said Decree of the Twenty-third of May 1720, as relates to the Lease of Kilbeheny, and of the Decree of the Twenty-seventh of June 1720, which confirms the First Decree as to the Lease, be also reversed; and it is referred to the Master, to compute what is due to the Respondent, for the several Demands specified in his Answer, exclusive of the Three Thousand Pounds, and severally to compute Interest for the same, from the Time such Demands were severally due; and on the Appellant's Payment to the Respondent of what shall be so computed due for Principal and Interest, by a Time to be limited by the said Court of Chancery for that Purpose, the Respondent is to surrender and affign the said Lease to the Appellant; but if the Appellant doth not pay the said Principal and Interest by the Day to be appointed, then the Appellant's Bill, as to the said Lease, is to be dismissed: And as to the Judgement and Bond, it is hereby Declared, That the same were fraudulently obtained; and therefore, that so much of the said Decree of the Twenty-third of May 1720, as relates thereunto, be reversed: And it is hereby Ordered, That the said Bond and Judgement be set aside; and that a perpetual Injunction be awarded, to stay all Proceedings thereon: And it is hereby further Ordered, That it be referred to a Master, to compute what is due for Interest, after the Rate of Eight Pounds per Cent. per Annum, for the One Thousand Five Hundred Pounds and Five Hundred Pounds; and that the said Principal Sums of One Thousand Five Hundred Pounds and Five Hundred Pounds, together with the One Thousand Pounds brought into Court, and the Seven Thousand Pounds, be laid out in a Purchase of Lands, and settled to the Uses of the Articles bearing Date the Twentyeighth of January One Thousand Seven Hundred and Sixteen.

Badham reprimanded, for printing in his Case something struck out by Counsel.

The Appellant's Counsel having, at the Bar, acquainted the House, "That something was irregularly inserted in the Respondent's printed Case:"

The said Respondent was called in, and asked concerning this Matter; and acknowledged, "He did cause some Part of his Case to be printed, which was struck out by his Counsel, being ignorant of the Rules of this House."

And begging Pardon for what he had done:

He was directed to withdraw.

Agreed, That he be again called in, and acquainted by the Lord Chancellor with the Nature of his Offence, and reprimanded for the same.

Accordingly he was called in, and reprimanded by his Lordship for the said Offence, and dismissed.

Lords to be summoned, to consider the State of the Nation.

Ordered, That the Lords be summoned, to attend the House on Thursday next, when the State of the Nation is appointed to be taken into Consideration.

Adjourn.

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