House of Lords Journal Volume 21: March 1720, 21-30

March 1720, 21-30

DIE Martis, 22^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Kingston & al. Bill, concerning the D. of Newcastle's Will.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for settling and assuring the Manors of Orton and Bottlebridge, and other Premises, in the County of Huntingdon, to the several Uses mentioned in the Will of Margaret late Dutchess of Newcastle; and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and sound the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to re port the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Commissioners forfeited Estates versus J. Drummond al.;

The House (according to Order) proceeded to the further Hearing of the Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and James Drummond Son of the late Lord Drummond and his Trustees are Respondents.

And the Counsel on both Sides were called in, and heard thereupon.

And withdrew.

And due Consideration having been had of what was offered in this Case:

Judgement in Part affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition and Appeal of the said Commissioners and Trustees of the forfeited Estates, to which the said James Drumond and his Trustees are Respondents, be, and is hereby, dismissed this House; and that so much of the Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, complained of, in which this House were of Opinion the said Lords of Session had Jurisdiction in determining in this Cause, be, and is hereby, affirmed.

E. Peterborow, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Charles Earl of Peterborow and Monmouth was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

Broderick's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Lawrence Brodrick, an Infant, to perform certain Articles of Agreement entered into by Anne his Mother, since deceased, to whom he is Heir," 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 said Bill, and made an Amendment thereunto."

Which was read Twice, and agreed to.

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

Sir Edward Hales's Bill.

The Earl of Clarendon also reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Estate of Sir John Hales and Sir Christopher Hales Baronets, deceased, in Trustees, to be sold, for raising Money, for the paying and discharging the Debts and Incumbrances charged thereon, and affecting the same; and for other Purposes therein mentioned," 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 said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Sir James Lumley's Petition.

Whereas the Petition of Sir James Lumley Baronet, praying Leave to bring in a Bill, to settle a competent Jointure or Jointures on such Wife or Wives as he may happen to intermarry, stands reserred, by Order of this House of the Seventh Instant, to Mr. Justice Powys and Mr. Justice Eyre:

And the House being this Day moved, "In regard Mr. Justice Eyre is gone the Circuit, That the same may stand referred, in his Stead, to Mr. Baron Mountagu, who stays in Town:"

Judge changed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Mountagu, as desired.

Commissioners forfeited Estates versus Farquaison.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and Patrick Farquarson late of Inveray is Respondent:"

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

Commissione forfeited Estates versus Donald Mackenzie.

The like Order for hearing the Cause wherein the same Commissioners and Trustees are Appellants, and Donald Mackenzie late of Kilkowie is Respondent, on Monday the Five and Twentieth Day of April next, at Eleven a Clock.

State of Appeals, Committee revived.

Ordered, That the Committee appointed to examine into the State of the several Appeals depending before this House be revived, and meet on Thursday next.

Causes put off.

Whereas this Day was appointed, for hearing the Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and Charles Craigingelt is Respondent; as also the Cause wherein the same Commissioners are Appellants, and William Martin of Harwood is Respondent:

It is Ordered, That this House will hear the said Causes, by Counsel, at the Bar, on Saturday next, at Eleven a Clock.

Arthur versus Arthur & al.

Whereas To-morrow was appointed, for hearing the Cause wherein Daniel Arthur of London Merchant is Appellant, and John Arthur and Christian his Wife and others are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday next; and that the other Causes appointed on Cause-days be removed in Course.

Adjourn.

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

DIE Jovis, 24^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

University of Cambridge, Leave for a Bill.

Upon reading the Petition of the Chancellor Masters, and Scholars, of the University of Cambridge; praying Leave to bring in a Bill, to enable any Corporations within the said University, or any other Persons, to sell and convey any Messuages and Ground to the said University, for enlarging their Public Library:

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

River Douglas navigable, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making the River Douglas, alias Asland, navigable, from the River Ribble, to Wigan, in the County Palatine of Lancaster."

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. Holford and Mr. Lovibond:

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

D. of Kingston & al. Bill, concerning the Dutchess of Newcastle's Will.

Hodie 3^a vice lecta est Billa, intituled, "An Act for settling and assuring the Manors of Orton and Bottlebridge, and other Premises in the County of Huntingdon, to the several Uses mentioned in the Will of Margaret late Dutchess of Newcastle; and for other Purposes therein mentioned:"

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

It was Resolved in the Affirmative.

Brodrick's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Lawrence Brodrick, an Infant, to perform certain Articles of Agreement entered into by Anne his Mother, since deceased, to whom he is Heir."

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

It was Resolved in the Affirmative.

Sir Edward Hales's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Estates of Sir John Hales and Sir Christopher Hales Baronets, deceased, in Trustees, to be sold, for raising Money, for the paying and discharging the Debts and Incumbrances charged thereon, and affecting the same; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Lady Howe's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Naturalization of the Lady Mary Sophia Charlotte Viscountess Howe, Wife of Scroop Lord Viscount Howe of the Kingdom of Ireland."

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

It was Resolved in the Affirmative.

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

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

To carry down the Four last mentioned Bills, and desire their Concurrence thereunto.

E. of Peterborow's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for exchanging of several small Parcels of Land (in the Parish and Manor of Fulham), belonging to the Bishoprick of London, for other Lands of greater Value, to Charles Earl of Peter borow and Monmouth, and his Heirs."

Breedon's Petition:

Upon reading the Petition of John Breedon of Croton Esquire, and John Breedon of Pangborne an Infant; praying Leave to bring in a Bill, for Sale of Part of the Manor of Pangborne, in the County of Berks, for Payment of the Sum of Two Thousand Pounds, and Interest and Costs, pursuant to a Decree of the Court of Chancery:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Powys and Mr. Baron Mountagu; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Peti tion; and also that the Judges, having perused the Bill, do sign the same.

Annesley versus Sherlock:

The Order of the Day being read, for taking into further Consideration the Proceedings out of the Journals of the House of Lords in Ireland, in relation to the Cause of Annesley versus Sherlock, and other Causes upon Appeals to that House, during the last Session of Parliament there:

Proceedings House of Lords in Ireland to be considered.

It is Ordered, That the further Consideration of the said Proceedings be adjourned to this Day Fortnight.

Lords of Session Reasons, and Commissioners forfeited Estates Representation, to be considered.

The other Order of the Day being read, for taking into Consideration the Reasons offered by the Lords of Session in Scotland, for their proceeding to judge in the Exceptions presented to them by Thomas Erskine Son to the late Earl of Mar, and others; as also the Representation of the Commissioners and Trustees of the forfeited Estates acting in Scotland:

It is Ordered, That the said Reasons and Representation be taken into Consideration on this Day Fortnight.

Farguhar versus E. Loudoun:

A Petition of James Farguhar of Gillmillscroft Esquire, was presented to the House, and read; setting forth, "That, apprehending he is aggrieved by certain Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, pronounced in Favour of the Earl of Londoun, an Appeal from the same has been prepared, within the Time limited by the Standing Order of this House; which Interlocutors will be carried into Execution, unless their Lordships will please to receive his Appeal, to the Petitioner's great Prejudice, if, on hearing the same, this House should grant him Relief; and praying therefore, that the said Appeal may be received."

And thereupon the said Earl of Loudoun being present, and declaring his Willingness that the said Appeal should be received, so that the same might be heard this Session; and for which Purpose desiring Liberty to put in his Answer as soon as he thought fit:

It is Ordered, That the said Appeal be received.

Appeal received, and read.

Then the Petition and Appeal of the said James Farguhar, was presented to the House, and read; complaining of several Interlocutory Sentences, or Decrees, of the said Lords of Session, of the Ninth, Eight and Twentieth, and Thirtieth of July, the Nineteenth of August, the One and Twentieth of January, and Seventeenth of February last, made on the Behalf of Hugh Earl of Loudoun; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hugh Earl of Loudoun may have a Copy of the said Appeal; and put in his Answer thereunto, in Writing, forthwith.

Highways repairing, &c. Act concerning explained Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the last Session of Parliament, intituled, "An Act for making more effectual the several Acts passed for repairing and amending the Highways of this Kingdom; and for preventing the Carriage of excessive Loads of Meal, Malt, Bricks, and Coals, within Ten Miles of the Cities of London and Westminster."

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. Lovibond:

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

Backer's Nat. Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Backer," was committed: "That they had gone through the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Grutzmann's Nat. Bill.

The Earl of Clarendon also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Henry Grutzmann," was committed: That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Ellis versus Whinery:

The House being moved, on the Behalf of John Ellis Esquire, Appellant in a Cause depending in this House, to which John Whinery is Respondent, "That Leave may be given to amend the said Appeal, by inserting the Twenty-fifth of November, instead of the Twenty-fourth:"

Appeal amended.

It is Ordered, That the said Appellant be at Liberty to amend his said Appeal, as desired.

Adjourn.

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

DIE Veneris, 25^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Arthur versus Arthur.

After hearing Counsel, upon the Petition and Appeal of Daniel Arthur of London Merchant, from a Decree of Dismission made in the High Court of Chancery in Ireland, on the Nine and Twentieth of November 1717, in a Cause wherein the Appellant was Complainant, and John Arthur Esquire and Christian his Wife, Denis Daly and Darcy Hamilton Esquires, were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said John Arthur and Christian his Wife, Denis Daly, and Darcy Hamilton, put in to the said Appeal; and due Consideration had of what was offered on either Side thereupon:

Decree 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 Decree of Dismission therein complained of be, and is hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondents, the Sum of Fifty Pounds, for their Costs in respect of the said Appeal.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum sextum diem instantis Martii, hora undecima Auror. Dominus sic decernentibus.

DIE Sabbati, 26^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Commissioners forfeited Estates versus Martin.

This Day being appointed, for hearing the Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and William Martin of Harwood is Respondent:

Counsel were directed to be called in, to be heard.

And Counsel for the Appellants appearing, but none for the Respondent:

The Appellants Counsel acquainted the House, "They submitted to the Report of the Judges, That the Lords of Session in Scotland had no Jurisdiction to determine in this Cause."

And withdrew.

And the said Report of the Judges being read; and due Consideration had thereof:

It is Resolved and Decreed, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lords of Session had no Jurisdiction to proceed in this Cause; and that their Decree, or Interlocutory Sentence therein, be therefore declared to be null and void, and the same is hereby declared and adjudged null and void.

Commissioners forfeited Estates versus Craigengelt.

This Day being likewise appointed, for hearing the Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and Charles Craigengelt is Respondent:

Counsel were accordingly called in, to be heard.

And being directed to speak to the Point of Jurisdiction only of the said Lords of Session, in determining therein:

The Counsel on both Sides were heard thereupon.

And withdrew.

And due Consideration having been had of what was offered in this Case:

The Question was put, "Whether the said Lords of Session had Jurisdiction in this Cause?"

It was Resolved in the Negative.

Resolved, and Decreed, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lords of Session had no Jurisdiction to proceed in this Cause; and that their Decrees, or Interlocutory Sentences therein, be therefore declared to be null and void; and the same are hereby declared and adjudged null and void.

Peterborow Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for exchanging of several small Parcels of Land, in the Parish and Manor of Fulham, belonging to the Bishoprick of London, for other Lands of greater Value, to Charles Earl of Peterborow and Monmouth, and his Heirs."

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

State of Appeal depending; and Method of determining those brought in a former Session, Report to be received.

The Earl of Clarendon acquainted the House, "That the Committee to whom it was referred to examine into the State of the Appeals now depending, and to consider of a proper Method of bringing on and determining Appeals which happen not to be determined in the same Session wherein they were first brought, have agreed upon a Report; which he was directed to make, when their Lordships will please to receive the same."

Ordered, That the said Report be received on Tuesday next.

Harrison versus Dormer & al.

The House being informed, "That a Person attended at the Door, and desired to prove Copies of the Records and Proceedings to be made Use of on hearing the Appeal of Thomas Harrison Esquire, depending in this House, to which Robert Dormer Esquire and others are Respondents:"

Whereupon Joseph Fitz Simmons was called in; and delivered, at the Bar, the Copies of the said Records and Proceedings; which he attested, upon Oath, to be true Copies, he having examined them with the Originals in the Court of Exchequer in Ireland.

And withdrew.

Adjourn.

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

DIE Lunæ, 28^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. to return the Bill for securing the Dependency of Ireland.

A Message from the House of Commons, by Mr. Neville and others:

To return the Bill, intituled; "An Act for the better securing the Dependency of the Kingdom of Ireland upon the Crown of Great Britain;" and to acquaint this House, that they have agreed to the same, with some Amendments; to which they desire their Lordships Concurrence.

Then the House proceeded to take the said Amendments into Consideration.

And the same, being read, were agreed to.

And a Message was sent to the House of Commons, by Mr. Bennet and Mr. Godfrey, to acquaint them therewith.

Report Committee Privileges, on Simmons' Petition.

The Earl of Clarendon, from the Committee of Privileges to whom the Petition of William Simmons, Deputy to the Gentleman Usher of the Black Rod, complaining (among other Things) of his being resisted in executing an Order of this House, for attaching Henry Andrews, was referred, acquainted the House, "That the Committee had taken into Consideration that Part of the said Simmons's Petition as relates to the said Andrews's refusing to be by him attached, pursuant to the Order of this House, of the Three and Twentieth of December last; and had inspected several Precedents, where Resistance has been given to the Officers of this House, in the Execution of their Lordships Orders; and, upon Consideration thereof, the Committee had directed him to move the House, that the Sheriffs of London and Middl'x may be ordered to attach the said Henry Andrews, and to deliver him into the Custody of the Gentleman Usher of the Black Rod."

And his Lordship moving accordingly:

Sheriffs of London and Middlesex, to attach Andrews.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Sheriffs of London and Middl'x be, and are hereby, required forthwith to attach the Person of the said Henry Andrews, and him safely to deliver to Sir William Sanderson Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies; and for so doing, this shall be a sufficient Warrant.

To the Sheriffs of London and Middl'x, their Deputies or Under-sheriffs; and to all Mayors, Bailiffs, Constables, Headboroughs, and Tithingmen, to be aiding and assisting in the Execution hereof.

Cambridge Library, Bill for enlarging.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable any Corporations within the University of Cambridge, or any other Persons, to sell and convey any Messuages and Ground to the said University, for enlarging their Public Library."

Bath versus Conly:

After hearing Counsel, upon the Petition and Appeal of John Bath Gentleman, complaining of several Decretal Orders, a Report, and Confirmation thereof, by the High Court of Chancery in Ireland, made the Eighteenth and Nineteenth Days of February 1717; the Seven and Twentieth of May, the First and Third of November, and Tenth of December, 1718; in a Cause wherein the Appellant was Plaintiff, and Robert and Ignatius Conly were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Robert and Ignatius Conly put in to the said Appeal; and due Consideration had of what was offered thereupon:

Judgement 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 several Decretal Orders, Report, and Confirmation thereof, complained of in the said Appeal, be, and are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondents, the Sum of One Hundred Pounds, for their Costs in respect of the said Appeal.

Adjourn.

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

DIE Martis, 29^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cambridge Library, Bill for enlarging.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable any Corporations within the University of Cambridge, or any other Persons, to sell and convey any Messuages and Ground to the said University, for enlarging their Public Library."

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

Report State Appeals depending; and Method of determining Appeals brought in a former Session.

The Earl of Clarendon (according to Order) reported from the Lords Committees appointed to examine into the State of the several Appeals depending before this House, and also to consider of some proper Method for the bringing on and determining Appeals not determined in the same Session in which they were first brought, "That their Lordships had examined into the State of the said Appeals accordingly, as they stand: And finding a great many have been depending ever since the Beginning of the Year One Thousand Seven Hundred and Two, on some of which no Proceedings at all have been had since they were first brought in, and the rest not yet determined, and no Proceedings whatsoever had on any of them this Session; the Committee had therefore directed him to move, That the same may be dismissed this House." And his Lordship further reported, "That he was also directed to move, That some further Regulations may be made, for the more speedy Prosecution or determining Appeals brought in during this Session."

Appeals dismissed.

And his Lordship moving accordingly:

The several Orders following were made:

E. Mountagu versus Sherwin;

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Appeal of the Earl of Mountagu against Sherwin, brought into this House the Nine and Twentieth Day of April One Thousand Seven Hundred and Two, be, and is hereby, dismissed this House."

Bateman versus Crawley;

Ordered, That the Appeal of Bateman against Crawley, brought into this House the Four and Twentieth Day of January One Thousand Seven Hundred and Three, be, and is hereby, dismissed this House."

Bradley versus Jourden;

Ordered, That the Appeal of Bradley against Jourden, brought into this House the Five and Twentieth Day of January One Thousand Seven Hundred and Three, be, and is hereby, dismissed this House."

M'Mahon versus Hamilton;

Ordered, That the Appeal of M'Mahon against Hamilton, brought into this House the Fourteenth Day of November One Thousand Seven Hundred and Four, be, and is hereby, dismissed this House."

England versus Eles;

Ordered, That the Appeal of England against Eles, brought into this House the One and Thirtieth Day of January One Thousand Seven Hundred and Four, be, and is hereby, dismissed this House."

L. Howe. versus Grove;

Ordered, That the Appeal of the Lord Howe against Grove, brought into this House the Fourteenth of November One Thousand Seven Hundred and Five, be, and is hereby, dismissed this House."

Carroll versus Otway;

Ordered, That the Appeal of Carroll against Otway, brought into this House the Nine and Twentieth Day of January One Thousand Seven Hundred and Six, be, and is hereby, dismissed this House."

Blagrave versus Parran;

Ordered, That the Appeal of Blagrave against Parran, brought into this House the Eight and Twentieth Day of November One Thousand Seven Hundred and Seven, be, and is hereby, dismissed this House."

Lilley versus Cholmondeley;

Ordered, That the Appeal of Lilley against Cholmondeley, brought into this House the Fifth Day of December One Thousand Seven Hundred and Seven, be, and is hereby, dismissed this House."

E. Roseberrie versus Inglis;

Ordered, That the Appeal of the Earl of Roseberrie against Inglis, brought into this House the Sixteenth Day of February One Thousand Seven Hundred and Seven, be, and is hereby, dismissed this House."

Franklyn versus Dean;

Ordered, That the Appeal of Franklyn against Dean, brought into this House the Sixteenth Day of December One Thousand Seven Hundred and Nine, be, and is hereby, dismissed this House."

Nugent versus Reiley;

Ordered, That the Appeal of Nugent against Reiley, brought into this House the Two and Twentieth Day of December One Thousand Seven Hundred and Nine, be, and is hereby, dismissed this House."

Trotter versus Murray;

Ordered, That the Appeal of Trotter against Murray, brought into this House the Fourteenth Day of January One Thousand Seven Hundred and Nine, be, and is hereby, dismissed this House."

Savage versus Meagher;

Ordered, That the Appeal of Savage against Meagher, brought into this House the Seven and Twentieth Day of January One Thousand Seven Hundred and Nine, be, and is hereby, dismissed this House."

Bolton versus Bolton;

"Ordered, That the Appeal of Bolton against Bolton, brought into this House the Two and Twentieth Day of December One Thousand Seven Hundred and Ten, be, and is hereby, dismissed this House."

Glessel versus Hendry;

"Ordered, That the Appeal of Glessell against Hendry, brought into this House the Sixteenth Day of March One Thousand Seven Hundred and Ten, be, and is hereby, dismissed this House."

Colthurst versus Chinnery;

"Ordered, That the Appeal of Colthurst against Chinnery, brought into this House the Twelfth Day of December One Thousand Seven Hundred and Eleven, be, and is hereby, dismissed this House."

Paterson versus Magistrates of Edinburgh;

"Ordered, That the Appeal of Paterson against the Magistrates of Edinburgh, brought into this House the Second Day of February One Thousand Seven Hundred and Eleven, be, and is hereby, dismissed this House."

L. Mohun versus Minshall;

"Ordered, That the Appeal of the Lord Mohun against Minshall, brought into this House the Eleventh Day of February One Thousand Seven Hundred and Eleven, be, and is hereby, dismissed this House."

Carstairs versus Dick;

Ordered, That the Appeal of Carstairs against Dick, brought into this House the Thirteenth Day of April One Thousand Seven Hundred and Thirteen, be, and is hereby, dismissed this House."

Wilson versus Tiffin;

"Ordered, That the Appeal of Wilson against Tiffin, brought into this House the One and Thirtieth Day of March One Thousand Seven Hundred and Fourteen, be, and is hereby, dismissed, this House."

Bolton versus Bishop;

"Ordered, That the Appeal of Bolton against Bishop, brought into this House the Nine and Twentieth Day of April One Thousand Seven Hundred and Fifteen, be, and is hereby, dismissed this House."

Nolan versus Bourke;

"Ordered, That the Appeal of Nolan against Bourke, brought into this House the One and Twentieth Day of July One Thousand Seven Hundred and Fifteen, be, and is hereby, dismissed this House."

Haliday versus Keltie;

"Ordered, That the Appeal of Haliday against Keltie, brought into this House the Thirteenth Day of August One Thousand Seven Hundred and Fifteen, be, and is hereby, dismissed this House."

Kennedy versus Moore;

"Ordered, That the Appeal of Kennedy against Moore, brought into this House the Eighth Day of February One Thousand Seven Hundred and Fifteen, be, and is hereby, dismissed this House."

Burke versus Lynch;

"Ordered, That the Appeal of Burke against Lynch, brought into this House the Seven and Twentieth Day of March One Thousand Seven Hundred and Sixteen, be, and is hereby, dismissed this House."

Car versus Haldane;

"Ordered, That the Appeal of Car against Haldane, brought into this House the Nine and Twentieth Day of March One Thousand Seven Hundred and Seventeen, be, and is hereby, dismissed this House."

Cochran versus Douglas;

"Ordered, That the Appeal of Cochran against Douglas, brought into this House the First Day of April One Thousand Seven Hundred and Seventeen, be, and is hereby, dismissed this House."

L. V. Mount-Cashell versus Hayes;

"Ordered, That the Appeal of the Lord Viscount Mount Cashell against Hayes, brought into this House the Five and Twentieth Day of November One Thousand Seven Hundred and Seventeen, be, and is hereby, dismissed this House."

Cochran versus Blair;

"Ordered, That the Appeal of Cochran against Blair, brought into this House the Twelfth Day of December One Thousand Seven Hundred and Seventeen, be, and is hereby, dismissed this House."

Cariton versus L. Bellew;

"Ordered, That the Appeal of Carlton against the Lord Bellew, Brought into this House the Sixteenth Day of December One Thousand Seven Hundred and Seventeen, be, and is hereby, dismissed this House."

Hamilton versus Hamilton;

"Ordered, That the Appeal of Hamilton against Hamilton, brought into this House the Three and Twentieth Day of December One Thousand Seven Hundred and Seventeen, be, and is hereby, dismissed this House."

Burnet versus Burnet;

"Ordered, That the Appeal of Burnet against Burnet, brought into this House the Fifteenth Day of March One Thousand Seven Hundred and Seventeen, be, and is hereby, dismissed this House."

Burgh versus Fitz Gerald;

"Ordered, That the Appeal of Burgh against Fitzgerald, brought into this House the Sixteenth Day of February One Thousand Seven Hundred and Eighteen, be, and is hereby, dismissed this House."

and Hamilton versus Watson.

"Ordered, That the Appeal of Hamilton against Watson, brought into this House the Eight and Twentieth Day of February One Thousand Seven Hundred and Eighteen, be, and is hereby, dismissed this House."

Appeals presented this Session to which no Answers have been put in, to stand dismissed, unless prosecuted within Fourteen Days.

"Ordered, That as to such Appeals as have been presented to this House in this Session of Parliament, in which the Time for answering is expired, and no Answer hath been put in, nor any Application made by the Appellant to this House, for appointing a peremptory Day to answer, that the same shall stand dismissed, unless within Fourteen Days next the Respondent shall put in an Answer, or the Appellant apply to the House for a peremptory Day for answering; but such Dismission to be without Prejudice to the Appellants presenting a new Appeal thereafter, as they shall be advised."

Appeals to which Answers have been put in, to stand dismissed, unless Prosecuted within Eight Days.

"Ordered, That such Appeals as have been presented in this Session, to which Answers have been put in, but no Application hath been made to this House to appoint a Day for hearing; as also the Appeal of Preston against the Lord Ferrard, to which an Answer was put in during this Session, shall stand dismissed, unless Application shall be made to this House, either by the Appellant or Respondent, within Eight Days next, for appointing a Day for hearing such Appeals; but without Prejudice to the Appellants presenting a new Appeal thereafter, as they shall be advised."

The Earl of Clarendon also further reported from the same Committee, "That they had taken into Consideration the Matter of the Instruction of the House, directing them to consider of some proper Method for the bringing on and determining Appeals not determined in the same Session in which they were first brought; and were come to the Two following Resolutions; (videlicet,)

Appeals not determined to be brought on the Beginning of the next Session, or atand dismissed.

"That such Appeals as have been presented during this Session, to which Answers have been, or shall be, put in during this Session, and which shall not be determined in this Session; and all such Appeals as shall be presented in any subsequent Session, to which Answers shall be put in during the same Session, and not determined in such Session; if neither the Appellant or Respondent shall apply to this House within Eight Days, to be accounted from and after the First Day of the next Session or Meeting of Parliament, for a Day for hearing such Appeals, shall stand dismissed; but without Prejudice to the Appellants presenting any new Appeals thereafter, as they shall be advised."

Appeals to which no Answers are put in to stand dismissed, unless prosecuted to the next Session.

"That such Appeals as have been presented during this Session, to which no Answers have been or shall be put in during this Session; and all such Appeals as shall be presented in any subsequent Session, to which no Answers shall be put in during the same Session; if neither the Appellant, within Eight Days, to be accounted from and after the First Day of the next Session or Meeting of Parliament, shall apply to this House to appoint a peremptory Day to answer, nor the Respondent put in an Answer within the said Eight Days, such Appeals shall stand dismissed; but without Prejudice to the Appellants presenting any new Appeals thereafter to this House, as they shall be advised."

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

And it being moved, "That the same be made Standing Orders of this House:"

Ordered, That, on Saturday next, this House will take the said Motion into Consideration; and the Lords to be summoned.

Answers to Appeals to be eadorsed, and the Times when brought in to be entered.

Ordered, That when any Answer to an Appeal shall be put in for the future, the Clerk to whom it shall be delivered do immediately endorse thereon the Day on which such Answer is brought in; and that the Names of the Parties answering, and to whose Appeals such Answers are put in, be the same Day entered in the Journal of this House.

Then it being moved, "That the same be made a Standing Order of this House:"

Ordered, That on Saturday next this House will take the said Motion into Consideration.

Ordered, That the Two Orders aforementioned, which relate to the speedy bringing on Appeals this Session, be affixed on the Doors of this House and Westminster Hall, that all Parties concerned may the better take Notice of the same.

Grutzman's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Henry Grutzmann."

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

It was Resolved in the Affirmative.

Backer's Nat. Bill:

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

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

It was Resolved in the Affirmative.

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

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

To acquaint them, that the Lords have agreed to the First mentioned Bill, without any Amendment; and to the other, with some Amendments, whereunto their Lordships desire their Concurrence.

Adjourn.

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

DIE Mercurii, 30^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Commissioners forfeited Estates versus Sir R. Grierson:

Counsel were this Day called in, to be heard, upon the Petition and Appeal of the Commissioners and Trustees of the forfeited Estates, complaining of an Interlocutory Sentence, or Decree, pronounced by the Lords of Session in Scotland, the Eight and Twentieth Day of August last, in Favour of Sir Robert Grierson of Lagg Baronet; as also upon the Answer of the said Sir Robert Grierson put in thereunto.

And the Counsel on both Sides in the First Place agreeing, "That the said Lords of Session had no Jurisdiction in determining upon that Part of the Respondent's Exception as is founded upon a Right expectant upon an Estate Tail in his Son William Grierson, the Person attainted, to arise upon the Breach of a Condition, as reported by the Judges:"

They were then fully heard, as to the Merits of the rest of the Cause.

And being withdrawn; and due Consideration had of what was offered on either Side in this Case:

Judgement.

It is Resolved and Decreed, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lords of Session had no Jurisdiction to proceed and determine upon such Part of the said Exception as is abovementioned; and that their Interlocutory Sentence, or Decree, so far as the same is founded thereupon, be therefore declared null and void; and the same is declared and adjudged null and void: And it is Ordered and Adjudged, That as to the said Interlocutory Sentence, or Decree, of the Lords of Session, so far as the same is founded on that Part of the Exception whereby the Respondent claims the said Estate, as forfeited to him, as Superior of his Son William Grierson, be, and is hereby, reversed: And it is further Ordered, That the Respondent be removed from all Possession of the Estate in Question which he may have obtained, and from the Receipt of the Rents and Profits thereof; and that the said Commissioners and Trustees of the forfeited Estates take Possession, and receive the Rents and Profits thereof, and proceed to execute the Powers and Authorities in them vested with respect thereto.

Juries, to prevent the corrupting of, Bill.

Whereas To-morrow was appointed, for the Second Reading of the Bill, intituled, "An Act for preventing the corrupting of Juries:"

It is Ordered, That the said Bill be read a Second Time on Saturday the Ninth Day of April next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, primum diem Aprilis jam proxim, sequent. hora undecima Auror. Dominis sic decernentibus.