House of Lords Journal Volume 22: April 1725, 21-30

April 1725, 21-30

DIE Mercurii, 21^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Shelterers from Debt in Wapping, &c. Bill.

The Earl of Yarmouth (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to prevent Violences and Outrages being committed by any Persons, under Pretence of sheltering themselves from Debt, or any Process of Law, within the Hamlet of Wapping, Stepney, or elsewhere within the Weekly Bills of Mortality," was committed, the Amendments made by the Committee to the said Bill.

Which, being read by the Clerk, were agreed to by the House, and are as follow:

"Press 1. Line 24. Leave out ["Twenty-fifth"], and insert ["First"]; and in the same Line, leave out ["March"], and insert ["June"].

"Line 43. Leave out ["willingly"], and insert ["wilfully"].

"Line ult. After ["transported"], insert ["for Seven Years"].

"Press 2. Line 3. Leave out ["and for such Time"].

"Line 6 and 7. Leave out ["Twenty-fifth, and insert ["First"]; and in the 7th Line, leave out ["March"], and insert ["June"].

"Press 3. Line 21. After ["shall"], insert ["wilfully"].

"Line 31. After ["shall"], insert ["knowingly and wilfully"].

"Press 4. Line 11. After ["transported"], insert ["for Seven Years"].

"Line 14. Leave out ["and for such Time"]."

Insolvent Debtors Bill.

The Earl of Yarmouth (according to Order) also reported from the Committee of the whole House to whom the Bill, intituled, "An Act for Relief of Insolvent Debtors," was committed, the Amendments made by the Committee to the said Bill.

Which were read Twice, and agreed to by the House, and are as follow:

"Press 1. Line 38. Leave out ["said Twenty-ninth"], and insert ["First"].

"Line 39. Leave out ["September"], and insert ["June"].

"Line 40. Leave out ["Four"], and insert ["Five"].

"Press 2. Line 3. Leave out ["Lists"], and insert List"].

"Line 20. Leave out ["next"], and insert ["said"].

"Line 32. After ["said"], insert ["General or"].

"Press 3. Line 6. After ["said"], insert ["General or"].

"Press 4. Line 2. After ["General"], insert ["or"].

"Line 14. Leave out ["Justice"], and insert ["Justices"]; and in the same Line, after ["said"], insert ["General or"].

"Line 19. Leave out ["special"], and insert ["specialty"].

"Line 35. Leave out ["any"], and insert ["my"].

"Press 5. Line 37. After ["General"], insert ["or"].

"Press 6. Line 13. Leave out ["administer"], and insert ["take"].

"Line 42. Leave out ["Person"], and insert ["Prisoner"].

"Press 7. Line 17. Leave out the Second ["or"], and insert ["as"].

"Line 37. After ["their"], insert ["said"].

"Press 8. Line 1. After ["General"], insert ["or"].

"Press 9. Line 10. After ["Oath"], insert ["touching the Commitments, or Books of Commitment"].

"Line 15. Leave out ["and by them it doth appear"].

"Line 16. Leave out ["Books abovementioned"], and insert ["said Commitments, or Books of Com mitment"]; and in the same and 17th Line, leave out ["the Books of Commitments"], and insert ["true"]; and in the 17th, leave out ["ones"], and insert ["nor"].

"Line 18. After ["Purpose"], insert ["and by them it does appear"].

"Press 10. Line 5. After ["doing"], insert ["every such Sheriff, Gaoler, and Keeper of such Prison and Prisons, and such Printer of The London Gazette"].

"Press 11. Line 26. Leave out ["by Order of"], and insert ["to be ordered to be paid by"].

"Press 11. Line 41. After ["obtained"], insert ["for Payment of Money only"]; and in the same Line, after the Second ["or"], insert ["for"].

"Press 12. Line 3, Leave out ["and"], and insert ["or such"].

"Press 13 Line 13. Leave out ["such"], and insert ["any"].

"Line 23. After ["General"], insert ["or"].

"Line 38. Leave out ["where"], and insert ["whereto"].

"Line 39. Leave out ["the"], in the Second Place mentioned.

"Press 14. Line 19. After ["of"], insert ["any"].

"Press 15. Line 20. Leave out ["the"], and insert ["His Majesty's"]; and in the same Line, after ["Courts"], insert ["of Record"].

E. of Strafford's Privilege:

Complaint being made to the House, and Oath made at the Bar, "That Thomas Took, an Attorney at Staples Inn, did, on the Seventeenth Instant, send a Copy of a Bill exhibited, in the Court of Chancery, at the Suit of one Blakeway and others, Creditors of Sir Harry Johnson deceased, and a Letter thereupon, directed to the Earl of Strafford, in Breach of the Privilege of this House:"

Took attached, for sending him the Copy of a Bill in Chancery.

It is Ordered, That the Gentleman Usher of the Black Rod do forthwith attach the Body of the said Thomas Took, for his said Offence, and keep him in safe Custody, during the Pleasure of this House; and this shall be a sufficient Warrant on that Behalf.

To Sir William Sanderson Knight and Baronet, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Edgworth's Complaint against Mr. Cooper, Register of Chancery in Ireland.

After hearing Edward Edgworth Esquire, upon Oath, at the Bar, upon his Petition of Complaint against Mr. William Cooper Deputy Register of the Court of Chancery in Ireland, touching his Refusal of a Copy of Minutes upon a Motion in the said Court, and other Matters in the said Petition contained; as also hearing the said William Cooper, upon Oath, in relation to the same Matter; and due Consideration had of what was offered by both Parties:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, for the future, the Register and the proper Officers both of the Court of Chancery and Exchequer in Ireland do, upon Request, give attested Copies under their Hands, of the Minutes of all Motions and Orders made in the said respective Courts, and permit the Parties to examine them with their Books; and that, upon the Refusal or granting of any Motion in the said Courts, the proper Officer do, upon the Application of either Party, cause such Order to be drawn up and entered: And it appearing, upon the said Examination of the said Mr. Cooper, that he did not inform or tell the said Mr. Edgworth, "That he had any Directions from the Lord Chancellor of Ireland, not to give the said Mr. Edgworth a Copy of the Minutes in the said Petition mentioned;" and that the said Lord Chancellor did not give him any such Directions; and the said Mr. Edgworth failing to make good the Allegations of the said Petition; it is therefore further Ordered, That the Petition and Complaint against William Cooper the said Deputy Register be, and is hereby, dismissed this House; and that the Consideration of the Petitioner's being refused to prove Exhibits, at the Hearing of the Cause in Chancery, be reserved to the Hearing of the said Appeal.

Causes put off.

Whereas this Day was appointed, for hearing the Cause wherein Volrath Tham Merchant in Gottonburgh is Appellant, and Charles and Richard Sheriffs Merchants are Respondents:

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

Ward versus D. Bucks & al.

Upon reading the Petition and Appeal of John Ward Esquire; complaining of so much of a Decree made by the Lords Commissioners for the Custody of the Great Seal of Great Britain, the Second Day of March last, whereby the Petitioner is decreed, at the Expiration of his Lease, to leave upon the Premises Three Hundred and Fifteen Tons and One Quarter of Allum, ready made, and quite finished, at One Hundred and Twelve Pounds and a Half to the Hundred Weight, in a Cause wherein Edmund Duke of Buckinghamshire and Normanby, by his next Friend, and the Executors and Trustees of the Will of the late Duke of Buckinghamshire and Normanby, were Plaintiffs, and the Petitioner and Joshua Ward were Defendants; and praying, "That the same may be reversed:"

And thereupon Thomas Mascall was called in; and, being sworn, acquainted the House, "That the said Decree was brought to be entered but on the Seventh Instant, and was entered within a Week after."

And being withdrawn:

It is Ordered, That the said Edmund Duke of Buckinghamshire and Normanby by his next Friend, and the Executors and Trustees of the late Duke of Bucks' Will, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Fifth Day of May next.

Rice versus Sheehy; Appeal dismissed, no Recognizance being entered into:

Upon reading the Petition of Katherine Sheehy, Respondent to the Appeal of Dominick Rice and Thomas Hussey; praying, "That the Appellant Hussey, or such other Person as got up a pretended Lease and Letter of Attorney, ordered by the House the Twenty-fourth of March last to be delivered to the Appellants, may re-deliver the same to the Register of the Court of Chancery in Ireland, or to the Justices of the King's Bench there, to the Intent a Prosecution for forging the same may be carried on; and that the said Appeal may be dismissed, no Recognizance for answering Costs having been entered into, pursuant to the Standing Order of this House:"

And thereupon Mr. Luke Martin the Petitioner's Agent, and Mr. Thomas Cole the Appellant's Agent, were called in; and examined, upon Oath, touching the Allegations of the said Petition.

And being withdrawn, the said Standing Order was read.

And the Clerk acquainting the House, "That no Recognizance had been entered into, pursuant thereunto:"

Agents and Counsel to attend.

It is therefore Ordered, That the said Appeal be, and is hereby, dismissed this House; and that the said Luke Martin, Thomas Cole, and Edward Edgworth, One of the Counsel who signed the said Appeal, do attend this House To morrow Morning, when the said Petition of Katherine Sheeby is to be taken into further Consideration.

Wilts Highways Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act passed in the Fifth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for repairing the Highways between Sheppards Shord and The Devizes, and between the Top of Ashlington Hill and Rowdford, in the County of Wilts;" and for explaining the said Act, and making the same more effectual and extensive."

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

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.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum secundum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 22^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Shelterers from Debt, in Wapping, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to prevent Violences and Outrages being committed by any Persons, under Pretence of sheltering themselves from Debt, or any Process of Law, within the Hamlet of Wapping, Stepney, or elsewhere within the Weekly Bills of Mortality."

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. Lightboun and Mr. Thurston:

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

Insolvent Debtors Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Relief of Insolvent Debtors."

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. Lightboun and Mr. Thurston:

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

Disarming the Highlands, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectual disarming The Highlands, in that Part of Great Britain called Scotland; and for the better securing the Peace and Quiet of that Part of the Kingdom."

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

Rice and Hussey versus Sheehy.

The House (according to Order) took into further Consideration the Petition of Katherine Sheeby, Respondent to the Appeal of Dominick Rice and Thomas Hussey, which was Yesterday ordered to be dismissed; praying, That the said Hussey, or such other Person as got up a pretended Lease and Letter of Attorney, ordered by this House the Twenty-fourth of March last to be delivered to the Appellants, may re-deliver the same to the Register of the Court of Chancery in Ireland, or to the Justices of the King's Bench, to the Intent a Prosecution for forging the same may be carried on."

And Luke Martin, Thomas Cole, and Edward Edgworth, One of the Counsel who signed the said Appeal, attending (according to Order), they were called in; as was also (at his own Request) James Roche, the other Counsel who signed the said Appeal.

And they were severally heard, in relation to the Matter of the said Petition.

And Mr. Edgworth offering to give such Security as the House should think fit, "That he would procure the said Lease and Letter of Attorney to be re-deli vered, in such Manner, and in such Time, as their Lordships should please to appoint:"

They were directed to withdraw.

And the following Orders were made:

Ordered, That Dominick Rice, Thomas Hussey, and Edward Edgworth, do forthwith deliver, or cause to be delivered, to the Register of the Court of Chancery in Ireland, or Deputy Register of that Court, the Lease and Letter of Attorney mentioned in the said Petition exhibited to this House the Twenty-fourth of March last, and all other Papers and Writings delivered to the Appellants, or either of them, or to their Order, by Virtue of the Order of this House made upon the said Petition, to the Intent that the said Court of Chancery may direct any Prosecution thereupon, or order the Delivery of the same, as to the said Court shall seem just; and that the said Court of Chancery do, without Delay, compel the Execution of this Order."

Ordered, That the Clerk do prepare a Recognizance, of the Penalty of One Thousand Pounds, upon the Condition of the said Edward Edgworth's delivering the Papers, or causing the same to be delivered, to the Register of the Court of Chancery in Ireland, or Deputy Register of that Court, within Six Weeks."

Ash versus Parsons:

Whereas Wednesday next is appointed, for hearing the Cause wherein Richard Ash Esquire is Appellant, and Sir William Parsons Baronet is Respondent:

And the House being moved, "That the Hearing the said Cause may be adjourned over to the next Session of Parliament, the Parties on either Side desiring the same:"

And thereupon the Agents on both Sides were called in.

And consenting thereunto; and being withdrawn:

Hearing adjourned till next Session.

It is Ordered, That the Hearing the said Cause be adjourned over to the next Session, as desired; but if neither of the Parties apply to this House, for the bringing the said Cause on to a Hearing within Eight Days from and after the Beginning of the next Session of Parliament, the said Appeal is to stand dismissed.

Maxwell versus Houstoun, et è contra.

Whereas this Day was appointed, for hearing the Cause wherein Sir Alexander Maxwell Baronet is Appellant, and Andrew Houston Esquire is Respondent; et è contra:

It is Ordered, That the Hearing the said Cause be adjourned to Wednesday next.

Yorkshire Cloth, Bill.

The Lord Bingley reported from the Lords Committees to whom the Bill, intituled, "An Act for the better regulating the Manufacture of Cloth, in the West-Riding of the County of York," was committed: That they had gone through the said Bill, and made some Amendments thereunto."

Which, being read Twice by the Clerk, were agreed to by the House; and are as follow:

"Press 3. Line 14. Leave out ["the Head"], and instead thereof insert ["each"].

"Line 33. Leave out ["Seal"], and insert ["Seals"].

"Press 4. Lines 7 and 8. Leave out ["Seal"], and insert ["Seals"]; and after ["at"], leave out ["the Head"], and instead thereof insert ["each"].

"Line 23. After ["Seal"], insert ["or Seals"].

"Press 5. Line 42. Leave out from ["or"] to ["than"] in the next Line; and instead, thereof insert ["a less or smaller Quantity in Breadth, in more than One Fifth Part of the Length"].

"Press 6. Line 31. Leave out ["Seal"], and insert ["Seals"].

"Line 41. Leave out ["a new Seal"], and insert ["new Seals"].

"Press 7. Line 13. Leave out from ["or"] to ["than"] in the next Line, and instead thereof insert ["a less or smaller Quantity in Breadth, in more than One Fifth Part of the Length"].

"Press 8. Line 5. After ["such"] leave out ["Seal or"].

"Line 30. Leave out ["a Seal"], and insert ["Seals"].

"Press 9. Line 8. After ["Shillings"], insert ["to be levied by the Justice or Justices of the County, Riding, City, Liberty, or Place, where the Offence shall be committed, not being a Merchant, or Trader in the Woollen Manufacture"].

"Press 11. Line 12. After ["Seal"], insert ["or ["Seals"].

"Press 12. Line 39. Leave out ["after"], and insert ["alter"].

"Press 15. Line 34. Leave out the Second ["or"], and insert ["and"].

"Line 42. After ["same"], insert ["and that this present Act shall continue in Force for the Term of Seven Years; and from thence to the End of the then next Session of Parliament, and no longer."]

Harenc's Nat. Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Roger Harenc," was committed: "That they had gone through the Bill, and made some Amendments thereunto."

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

Edgworth's Recognizance for 1000 l. entered into at the Bar.

The Recognizance for Edward Edgworth Esquire to enter into being prepared, he was called in; and the same was taken, by the Clerk of the Parliaments, at the Bar.

And then the said Edgworth withdrew.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum tertium diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 23^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Ward versus D of Bucks & al.

This Day the joint and several Answer of Edmund Duke of Buckinghamshire and Normanby, an Infant, by David Earl of Portmore his Guardian, Charles Earl of Orrery, George Lord Willoughby de Broke, Thomas Lord Trevor, Allan Lord Bathurst, and Patrick Garden Esquire, to the Appeal of John Ward Esquire, was brought in.

Oliphant versus Murray, dismissed for Want of Recognizance.

Whereas a Petition and Appeal of James Oliphant of Langtown Esquire was presented to the House the Nineteenth of November last; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the First of July 1691, the Fifteenth of December 1693, and Twelfth of July 1723, made on the Behalf of John Murray Esquire: And whereas, by the Standing Order of this House, Appellants ought, within Eight Days after any Appeal is received, to enter into a Recognizance to His Majesty, of the Penalty of One Hundred Pounds, conditioned to pay such Costs to the Respondent in such Appeal as this House shall appoint; and the said James Oliphant having not entered into such Recognizance:

It is therefore Ordered, That the said Petition and Appeal be, and is hereby, dismissed this House.

Yorkshire Cloth, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better regulating the Manufacture of Cloth, in the West Riding of the County of York."

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. Lovibond and Mr. Edwards:

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

Wilts Highways, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term granted by an Act passed in the Fifth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for repairing the Highways between Sheppards Shord and The Devizes, and between the Top of Ashlington Hill and Rowdford, in the County of Wilts;" and for explaining the said Act, and making the same more effectual and extensive," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Report of Trustees of S. S. Company, delivered.

The House being informed, "That Mr. Veal, the Secretary to the Trustees of the South Sea Company, attended:"

He was called in; and delivered, at the Bar, a Report of the said Trustees.

And then he withdrew.

And the Title of the said Report was read.

Gunpowder Bill.

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

With a Bill, intituled, "An Act for making more effectual an Act passed in the Fifth Year of His Majesty's Reign, intituled, An Act for preventing the Mischiefs which may happen by keeping too great Quantities of Gunpowder in or near the Cities of London and Westminster, or the Suburbs thereof;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

Tham versus Sheriffs.

After hearing Counsel, upon the Petition and Appeal of Volrath Tham, Merchant in Gottenburgh; complaining of Two Interlocutories of the Lords of Session in Scotland, made the Twenty-fifth of July and Twenty-sixth of December last, in a Cause wherein the Appellant was Plaintiff, and Charles Sheriff and Richard Sheriff and others were Defendants; and praying, That the same may be reversed:" As also upon the Answer of the said Charles Sheriff and Richard Sheriff put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

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 Interlocutories therein complained of be, and are hereby, affirmed.

Harenc, Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize Roger Harenc."

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. Lovibond and Mr. Edwards:

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

Ward versus D. of Bucks & al.

The House being moved, on the Behalf of Edmund Duke of Buckinghamshire and Normanby, by his next Friend, and others, Respondents to the Appeal of John Ward Esquire, "That a Day may be appointed, for hearing thereof:"

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

Stapylton versus E. of Shelburne:

Whereas To-morrow is appointed, for arguing the Errors assigned upon Two Writs of Error, wherein John Stapylton Esquire is Plaintiff, and Henry Earl of Shelburne and Marmaduke Wyvill Esquire are Defendants:

Causes put off.

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum sextum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 26^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

L. Saltoun versus Fraser.

This Day the Answer of William Fraser Esquire, to the Appeal of William Lord Saltoun, was brought in.

Gunpowder Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Fifth Year of His Majesty's Reign, intituled, An Act for preventing the Mischiess which may happen by keeping too great Quantities of Gunpowder in or near the Cities of London and Westm'r, or the Suburbs thereof."

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

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

Edwards versus Minchin.

Upon reading the Petition and Appeal of Francis Edwards Esquire; complaining of a Decree of the Court of Exchequer in Ireland, made the Sixteenth Day of November last, in a Cause wherein John Minchin Esquire was Plaintiff, and the Petitioner Defendant, et é contra; and praying, "That the same may be reversed:"

And it appearing, by a Certificate of the Deputy Remembrancer of the said Court, that the said Decree was not settled and passed till the Twenty-second of March last:

It is Ordered, That the said John Minchin may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Thirty-first Day of May next.

Messages from H. C. to return the Insolvent Debtors Bill;

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

To return the Bill, intituled, "An Act for the Relief of Insolvent Debtors;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

And Harenc Nat. Bill.

Also, a Message was brought from the House of Commons, by Sir Gilbert Elliot and others:

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

Stapylton versus Wyvill, in Error:

After hearing Counsel, to argue the Errors assigned upon a Writ of Error brought into this House the Fifth Day of February last, wherein John Stapylton Esquire is Plaintiff, and Marmaduke Wyvill Esquire is Defendant, in order to reverse a Judgement given in His Majesty's Court of King's Bench, whereby the Judgement given in the Court of Common Pleas for the Plaintiff was reversed; and due Consideration had of what was offered by Counsel on either Side in this Cause:

Judgement of the King's Bench reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench reversing the Judgement given in the Court of Common Pleas be, and is hereby, reversed.

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

"Ad quem Diem, cor. dicto Domino Rege ac Proceribus hujus Regni in præsenti Parliamento apud Westm. in Com. Middlesex assemblat. ven. tam præd. Joh'es Stapylton quam præd. Marmaducus in propriis Personis suis; et quia Cur. dicti Domini Regis, cor. ipso Rege in Parliamento, de Judicio suo de et super Præmiss. reddend. nond. advisatur, Dies inde dat. est Partibus præd. cor. dicto Domino Rege in Parliamento hic, usque Diem Lunæ, Vicesimum Sextum Diem Aprilis prox. sequen. ubicunque &c. de Judicio suo inde audiend. eo quod Cur. Parliamenti præd. inde nondum &c.; ad quem Diem, cor. dicto Domino Rege ac Proceribus hujus Regni in præsenti Parliamento apud Westm. in Com. Middlesex assemblat. ven. tam præd. Joh'es Stapylton quam præd. Marmaducus in propriis Personis suis; super quo, visis et per Cur. Parliamenti præd. plenius intellectis omnibus et singulis Præmiss. diligenterque examinatis et inspectis tam Record. et Process. præd. ac (fn. 1) Judicium super eisdem reddit. quam præd. Causis et Materiis superius per præsat. Joh'em pro Error. assign. et allegat. videtur (fn. 2) eidem Cur. Parliamenti quod in Record. et Proceff. præd. ac etiam in Redditione Judic. præd. in Cur. dicti Domini Regis cor. ipso Rege apud Westm. reddit. maniseste est Errat.: Ideo cons. est per eandem Cur. Parliamenti, quod Judic. præd. in dicta Cur. dicti Domini Regis, cor. ipso Rege, in Forma præd. reddit. versus præd. Job'em revocetur, adnulletur, et penitus pro nullo habeatur, ac quod præd. Job'es ad omnia quæ Occasione Judic. ill. amisit restituatur &c.; ac superinde Record. præd. necnon Process. præd. Cur. Parliamenti præd. per eandem Cur. Parliamenti Curiæ dicti Domini Regis, cor. ipso Rege remittuntur, et in eadem Cur. dicti Domini Regis, cor. ipso Rege, jam resident. &c."

Stapylton versus E. of Shelburne, in Error.

After hearing Counsel, to argue the Errors assigned upon a Writ of Error brought into this House the Fifth Day of February last, wherein John Stapylton Esquire is Plaintiff, and Henry Shelburne Esquire, Earl of Shelburne in the Kingdom of Ireland, is Defendant, in order to reverse a Judgement given in His Majesty's Court of King's Bench, whereby the Judgement given in the Court of Common Pleas for the Plaintiff was reversed; and due Consideration had of what was offered by Counsel on either Side in this Cause:

Judgement of the King's Bench reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench, reversing the Judgement given in the Court of Common Pleas, be, and is hereby, reversed.

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

"Ad quem Diem, cor. dicto Domino Rege ac Proceribus hujus Regni in præsenti Parliamento apud Westm. in Com. Midd'x assemblat. ven. tam præd. Job'es Stapylton quam præd. Henricus in propriis Personis suis; et quia Cur. dicti Domini Regis, cor. ipso Rege in Parliamento de Judicio suo de et super Præmissis reddend. nondum advisatur, Dies inde dat. est Partibus præd. cor. dicto Domino Rege in Parliamento hic, usque Diem Lunæ, Vicesimum Sextum Diem Aprilis prox. sequen. ubicunque, &c. de Judicio suo inde audiend. eo quod Cur. Parliament. præd. inde nondum, &c.; ad quem Diem, cor. dicto Domino Rege ac Proceribus hujus Regni in præsenti Parliamento apud Westm. in Com. Midd'x assemblat. ven. tam præd. Joh'es Stapylton quam præd. Henricus in propriis Personis suis; super quo, visis et per Cur. Parliamenti præd, plenius intellectis omnibus et singulis Præmissis diligenterque examinatis et inspectis tam Record. et Proceff. præd. ac (fn. 3) Judicium super eisdem reddit. quam præd. Causis et Materiis superius per præfat. Joh'em pro Error, assign. et allegat. videtur eidem Cur. Parliamenti quod in Record. et Process. præd. ac etiam in Redditione Judic. præd. in Cur. dicti Domini Regis, cor. ipso Rege apud Westm. reddit. maniseste est Errat.: Ideo considerat. est per eandem Cur. Parliamenti, quod Judic. præd. in dicta Cur. dicti Domini Regis, cor. ipso Rege in Forma præd. reddit. versus præd. Joh'em revocetur, adnulletur, et penitus pro nullo habeatur, ac quod præd. Joh'es ad omnia quæ Occasione Judic. ill. amisit restituatur, &c.; ac superinde Record. præd. necnon Process. præd. Cur. Parliamenti præd. per eandem Cur. Parliament. Curiæ dicti Domini Regis, cor. ipso Rege, remittuntur, et in eadem Cur. dicti Domini Regis, coram ipso Rege, jam resident. &c."

Commons Replication to the E. of Macclesfield's Answer.

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

With their Replication to the Answer of Thomas Earl of Macclesfield to the Articles of Impeachment exhibited by them against him.

Which was read, by the Clerk, as follows:

"The Commons have considered the Answer of Thomas Earl of Macclesfield to the Articles exhibited against him by the Knights, Citizens, and Burgesses, in Parliament assembled; and observe, That the said Earl hath industriously avoided giving a direct and particular Answer to several Matters positively and certainly alledged against him in the said Articles, which, from the Nature of the Facts themselves, must necessarily lie in his own Knowledge; and hath attempted to disguise and cover the real Crimes laid to his Charge, by immaterial and evasive Insinuations of Facts of a different Nature; and that many Parts of the said Answer are contradictory to, and inconsistent with, each other; upon which they might demand your Lordships immediate Judgement: Yet the Commons, being able to maintain the Truth and Justice of their Accusation, are willing to enter into the due Examination thereof, and do aver their Charge of high Crimes and Misdemeanors against the said Thomas Earl of Macclesfield to be true, and that the said Earl is guilty in such Manner as he stands impeached; and that the Commons will be ready to prove their Charge against him, at such convenient Time as shall be appointed for that Purpose."

Then the House being moved, "To appoint Thursday Sevennight, at Eleven a Clock in the Forenoon, for the Trial of the said Earl, at the Bar of this House:"

The same was objected to.

And a Question being stated upon the said Motion:

It was moved, "To leave out these Words, (videlicet,) ["at the Bar of this House"]."

After Debate;

The Question was put, "Whether these Words shall stand Part of the Question?"

It was Resolved in the Affirmative.

Pretest against the Earl being tried at the Bar of the House.

"Dissentient.

"1. Because we are of Opinion, That it highly concerns the Honour and Dignity of this House, in all Cases of Impeachments, that the Trial should be had in the most public and solemn Manner, that being most suitable to the Laws and Constitution of this Kingdom in all Cases whatsoever; but is more especially requisite in a Prosecution of the Commons of Great Britain, begun and carried on by their Representatives in Parliament; for which Reason, we think that this Trial ought to be had in Westm'r Hall, and not at the Bar of this House; where it is impossible, as we conceive, to provide Room and other Conveniencies for the Attendance of the House of Commons, and such other of the Subjects of this Kingdom who may be desirous to be present at this Trial.

"2dly, We are of Opinion, That it is a Justice due to the Earl who is impeached, to give him the Opportunity of vindicating himself, and to assert his Innocence, in the most public Manner imaginable; the Crimes wherewith he is charged by this Impeachment being of that Nature, as render it, as we conceive, most desirable, and even necessary, on his Part, to give universal Satisfaction of his Innocence, in a Case wherein his Honour and that of his Posterity are so highly concerned.

"3dly, We are of Opinion, That it is of great Moment to the Honour and Dignity of the Crown, the Fountain of Justice, that the Trial of this Impeachment should be had in that Place which may be most satisfactory to the whole Nation; because the Articles, whereby the Earl stands impeached, relate to the Administration of the public Justice of the Kingdom, and consist of Facts or Matters charged on him whilst he was Lord High Chancellor, and as such was entrusted by His Majesty with the Execution of the most eminent Office and Station concerning the Administration of Justice.

"4thly, Because we observe, that the Earl impeached has, in his Defence by his Answer, in some Degree, involved the Honour of many great Personages, Peers of this Realm, and others, some living, and others long since deceased, but whose Descendants are now Peers and Members of this House, in the Consideration of the Matters and Crimes charged on himself; which Circumstance of the Defence being, as it seems to us, in the Opinion of the Earl, material to be examined into upon the Trial, we are of Opinion that, in this respect also, the Place of Trial is become of more Importance, and most proper to be in Westm'r Hall, and not at the Bar of this House; where the Examinations must unavoidably, as we conceive, be less public, and in that respect less satisfactory.

"5thly, It appearing to us, by several Reports delivered to this House by His Majesty's Direction, which relate to the Admmistration of the Justice of the High Court of Chancery whilst the said Earl was Lord Chancellor, that there are very great Deficiencies of the Money and Effects belonging to Orphans and Widows, and others the Suitors of the Court; which Money and Effects were brought into the Court, or into the Hands of the Masters in Chancery; and which Desiciencies, as they appear to us, amount to a great many Thousand Pounds, as yet wholly unsatisfied and unsecured: For this Reason, we are of Opinion, that it is necessary for the public Satisfaction, and particularly of the Suitors concerned, that this Trial should be had not only in the most solemn Manner, but in the most public Place also.

"6thly, We do not find that any Impeachment of the Commons has been tried at the Bar of this House, or in any other Place than in Westm'r Hall, since the Restoration of King Charles the Second; and before that Period, the Impeachment of the Earl of Strafford was tried in Westm'r Hall. We find also that, since the Restoration, every Peer who has been tried by this House, either on an Impeachment or Indictment, has had his Trial in Westm'r Hall, and not at the Bar of this House: And some Time after the late happy Revolution, private Persons impeached by the Commons, for Frauds and Cheats relating to the Lustring Company and private Traffic, were appointed by this House to be tried in Westm'r Hall; the Impeachment of Doctor Sacheverell, for Misdemeanors committed in the Pulpit, was tried there also: For which Reasons, we are of Opinion, that this Impeachment being, as we conceive, of the highest Consequence to the Honour of the Crown and Kingdom, ought to be considered at least with equal Regard, as to the Place of Trial and in every other respect, with any of those Trials beforementioned; and the rather, for that the Method of Proceedings on Trials of Impeachments, if had at the Bar of this House, contrary to the general Course since the Restoration, are therefore more unsettled by any late Precedents, and in that respect may be liable to more Difficulties and Delays than if had in Westm'r Hall.

"7thly, We think that no Consideration of Delay which may be occasioned for a little Time by the Preparations to be made in Westm'r Hall, or any other Account, during the Trial, are an equivalent Consideration, or to be balanced with the public Satisfaction which, in every respect, is, in our Opinion, due to this Proceeding, and especially with regard to the Place of Trial.

"Wharton.
Strafford.
Scarsdale.
Covlntry.
Gower.
Boyle.
Lechmere.
Foley.

"1 diffent, for all the forementioned Reasons, except the Fouth.

"Montjoy."

Then the Question was put, "That Thomas Earl of Macclesfield be tried, at the Bar of this House, on Thursday Sevennight, at Eleven a Clock in the Forenoon, upon the Impeachment for high Crimes and Misdemeanors exhibited against him by the House of Commons?"

It was Resolved in the Affirmative.

"Dissentient.

"For the Reasons mentioned in the foregoing Protest.

"Scarsdale.
Coventry.
Strafford.
Wharton.
Boyle.
Lechmere.
Foley.

Message to H. C. to acquaint them with the Day and Place of Trial.

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

To acquaint them, that the Lords have appointed Thursday Sevennight, being the Sixth Day of May next, at Eleven of the Clock in the Forenoon, for the Trial of Thomas Earl of Macclesfield, at the Bar of this House, for the high Crimes and Misdemeanors whereof he stands impeached; and that their Lordships will order Conveniencies to be prepared there, for the Managers of the said Impeachment.

Clerk to issue Summonses for Witnesses.

Ordered, That the Clerk be authorized to issue Summonses for such Witnesses to attend at the said Trial as shall be desired by the said Earl.

Annesley's Pet. for a Bill to dissolve his Marriage.

Upon reading the Petition of Francis Annesley Esquire, Son and Heir Apparent of Francis Annesley, of The Inner Temple, London, Esquire; praying Leave to bring in a Bill to dissolve his Marriage with Elizabeth Sutton, and to enable him to marry again; and to illegitimate any Child or Children which shall be born of the said Elizabeth, or which may have been born since her living separately from the Petitioner:

It is Ordered, That the said Petition be taken into further Consideration To-morrow, at One a Clock.

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein the Reverend Dominick Mead is Appellant, and Henry Swanton is Respondent:

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum septimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 27^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Messages from H. C. with Bills; and to return the one

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

concerning Persons sheltering themselves for Debt in Wapping, &c.

With a Bill, intituled, "An Act for the better regulating of Buildings, and to prevent Mischiefs that may happen by Fire, within the Weekly Bills of Mortality, and other Places therein mentioned;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act to prevent Violences and Outrages being committed by any Persons, under Pretence of sheltering themselves from Debt, or any Process of Law, within the Hamlet of Wapping, Stepney, or elsewhere within the Weekly Bills of Mortality;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

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

With a Bill, intituled, "An Act to continue several Acts therein mentioned, for preventing Frauds committed by Bankrupts; for encouraging the Silk Manufactures of this Kingdom; for preventing the clandestine Running of Goods; for making Copper Ore of the British Plantations an enumerated Commodity; and for explaining and amending a late Act for more effectual Punishment of such as shall wilfully burn or destroy Ships;" to which they desire the Concurrence of this House.

Worley's Pet. referred to Committee of Privileges.

A Petition of Francis Worley, was presented to the House, and read; setting forth, "That he was taken into Custody by the Serjeant at Arms, upon Complaint of John Duke of Montagu, for a Breach of Privilege, in putting Sheep into a Sheep Walk mentioned to belong to his Grace; and praying Relief, in regard James Joye Esquire claims a Title to the said Sheep Walk:"

It is Ordered, That the said Petition be referred to the Consideration of the Lords Committees for Privileges; and that the said Duke may have a Copy of the said Petition; and that the Clerk do issue Orders for such Witnesses as the Petitioner or his Grace may desire to procure, in order to be examined before the said Committee.

Disarming Highlands in Scotland, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for more effectual disarming The Highlands, in that Part of Great Britain called Scotland; and for the better securing the Peace and Quiet of that Part of the Kingdom."

And, 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 made One Amendment thereunto; which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be received on Thursday Morning next.

Continuing Laws, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to continue several Acts therein mentioned, for preventing Frauds committed by Bankrupts; for encouraging the Silk Manufactures of this Kingdom; for preventing the clandestine Running of Goods; for making Copper Ore of the British Plantations an enumerated Commodity; and for explaining and amending a late Act for more effectual Punishment of such as shall wilfully burn or destroy Ships."

Buildings in London, &c. to regulate, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better regulating of Buildings, and to prevent Mischiefs that may happen by Fire, within the Weekly Bills of Mortality, and other Places therein mentioned."

Annesley, Leave for a Bill to dissolve his Marriage.

The House (according to Order) proceeded to take into further Consideration the Petition of Francis Anneley Esquire, Son and Heir Apparent of Francis Annesley, of The Inner Temple, London, Esquire; praying Leave to bring in a Bill, to dissolve his Marriage with Elizabeth Sutton, and to enable him to marry again; and to illegitimate any Child or Children which shall be born of the said Elizabeth, or which may have been born since her living separately from the Petitioner.

And the said Petition being again read:

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

Then the Lord Viscount Harcourt presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Francis Annesley the Younger Esquire with Elizabeth Sutton; and to enable him to marry again; and for other Purposes therein mentioned."

And the said Bill was read the First Time.

And ordered to be read a Second Time on Saturday next, at Twelve a Clock, and Notice thereof affixed on the Doors of this House; and the Lords to be summoned; and that the said Mr. Annesley may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that Mrs. Annesley may have a Copy of the said Bill; and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard, by her Counsel, what she has to offer against the same, at the said Second Reading.

House to be called.

Ordered, That To-morrow Sevennight this House shall be called over; and that all the Lords do then attend.

Letters to be wrote to absent Lords, to attend at the E. of Macclesfield's Trial.

Ordered, That Letters be writ, by the Speaker of this House, to the absent Peers and Prelates, to require their Attendance on To-morrow Sevennight, being the Fifth Day of May next; and to signify to them, "That they who through Sickness cannot come, do prove the same by Two credible Witnesses, upon Oath, at the Bar of this House; and that no other Excuse will be admitted;" and that Notice be given, in the same Letter, of the Time appointed for the Trial of the Earl of Macclesfield; and that their Attendance is expected, on the Service of the House, during the said Trial.

Conveniencies to be made for the Managers of H. C.

Ordered, That proper Conveniencies be made, for the Managers of the House of Commons, their Agents, and Witnesses, at the Trial of Thomas Earl of Macclesfield; and that the Lord Great Chamberlain be desired to give Directions to the Officers of His Majesty's Works for that Purpose.

Committee to inspect the Journals on Impeachments.

Ordered, That the Committee appointed to inspect the Journals of this House, in relation to the Proceedings on Impeachments for high Crimes and Misdemeanors, be revived; and that the said Committee do meet on Thursday Morning next; and report to the House the Precedents they find of the Proceedings of this House, upon the Trial of Impeachments.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum octavum diem instantis Aprilis, hora decima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 28^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Mead versus Swanton:

After hearing Counsel, upon the Petition and Appeal of the Reverend Dominick Mead; complaining of several Orders and Decrees of the Court of Chancery in Ireland, made the First of December 1720, the Twentysecond of July and Seventh of December 1723, and Twentieth of May last, in a Cause wherein Henry Swanton Gentleman was Plaintiff, and the Appellant Defendant; and praying, "That the said Decree of the First of December 1720 may be so far varied, as that the Appellant may have and receive all Sum and Sums of Money whatsoever by him expended on account of purchasing-in the Mortgage of Harding; and that the said Order of the Twenty-second of July 1723 may be reversed; and the Appellant may be at Liberty, either to make Use of as Evidence the Depositions taken in examining (fn. 4) to the Accompt in general, or that the Petitioner may have a new Commission to examine anew as to the Accompt in gene ral; and that the said Order of the Seventh of December 1723 may likewise be reversed; and that the Appellant may be allowed the Benefit of the Depositions taken in the Country; or that a new Commission may be granted; and that the said Orders made the Twentieth of May last may be reversed; and so that the said Plaintiff's First Exception may be overruled; and that the Appellant's Second and Tenth Exception may be allowed:" As also upon the Answer of the said Henry Swanton put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of the said Court of Chancery, made the First of December 1720, be, and is hereby, affirmed, with the following Judgement and Directions; (videlicet,)

"That the said Order of the same Court, made the Twentieth of May 1724, be, and is hereby, reversed, so far as the same over-rules the Appellant's Second and Tenth Exception; and that the said Court shall allow the said Exceptions, so far as the Appellant can make due Proof of the several Matters therein contained; and the said Court is to cause a Commission to be issued, in Behalf of the Appellant, to make Proof thereof, and of any other Matter concerning the Accompt in Question; and the Respondent to be at Liberty to controvert the same: And further, that the Master likewise make his Report, as well upon the Depositions and Proofs already taken, as that shall be hereafter taken concerning the Costs; and that, after the Master's Report made to the Court, the said Court shall thereupon make such final Decree as shall be just."

Articles against the E. of Macclesfield, with Answer and Replication, to be printed.

Ordered, That the Articles of Impeachment for high Crimes and Misdemeanors, exhibited by the House of Commons, against Thomas Earl of Macclesfield, and the Answer of the said Earl, together with the Replication of the House of Commons to the said Answer, be forthwith printed, for the Benefit and Conveniency of the Lords of this House only, and delivered to the Clerk Assistant only for that Purpose.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 29^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Message from H. C. to return the Yorkshire Cloth Bill.

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

To return the Bill, intituled, "An Act for the better regulating the Manufacture of Cloth in the West Riding of the County of York;" and to acquaint this House, that they have agreed to their Lordships Amendments, with Amendments to One of the said Amendments, whereunto they desire the Concurrence of this House.

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

And the same, being read Thrice, were agreed to; and are as follow:

"Press 9, Line 8. Leave out the First ["the"], and insert ["Warrant, or Warrants, under the Hand and Seal, or Hands and Seals, of any"]; and after the Second ["the"], insert ["Peace for the"].

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

Message from thence, to return Lady Holford's Bill.

A Message was brought from the House of Commons, by Doctor Clarke and others:

To return the Bill, intituled, "An Act to vest the Real Estate of Dame Elizabeth Holford Widow, deceased, in the Parish of St. Olave's, Hart street, London, in Christopher Appleby Gentleman and his Heirs, for the better enabling him to sell the same, towards the Discharge of the charitable and other Legacies given by her Will;" and to acquaint this House, that they have agreed to the said Bill, with some Amendments; whereunto they desire their Lordships Concurrence.

Then the House proceeded to take the Amendments into Consideration.

And the same, being read Thrice, were agreed to; and are as follow:

"Press 7, Line 8. Leave out ["Twenty"], and insert ["Thirty"].

"Line 32. After ["of"], insert ["Canterbury"]."

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

Disarming Highlands in Scotland, Bill.

The Lord Delawarr (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for more effectual disarming The Highlands, in that Part of Great Britain called Scotland; and for the better securing the Peace and Quiet of that Part of the Kingdom," was committed, the Amendment made by the Committee to the said Bill.

Which, being read Twice, were agreed to; and is as follows:

"Press 5. L. 36. After ["Britain"], insert ["unless such Tenant or Possessor, in whose House, Barn, Office, House, Out-house, or other House by them possessed, such Arms shall be found concealed, do give sufficient Evidence, to the Satisfaction of the said Justices of Peace before whom he or she shall be tried, that such Arms were so hid and concealed without his or her Connivance, Privity, or Knowledge"]."

Continuing Laws, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue several Acts therein mentioned, for preventing Frauds committed by Bankrupts; for encouraging the Silk Manufactures of this Kingdom; for preventing the clandestine Running of Goods; for making Copper Ore of the British Plantations an enumerated Commodity; and for explaining and amending a late Act, for more effectual Punishment of such as shall wilfully burn or destroy Ships."

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

Buildings in London, &c. to regulate, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better regulating of Buildings, and to prevent Mischiefs that may happen by Fire, within the Weekly Bills of Mortality, and other Places therein mentioned."

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

Acherley & Ux versus Vernon & al.

Upon reading the Petition and Appeal of Roger Acherley Esquire and Elizabeth his Wife, Sister and Heir of Thomas Vernon Esquire, deceased; complaining of a Decree of Dismission made by the late Lord Chancellor, and also of an Order of the said Court, made by his Lordship, the Twentieth of November 1723, in a Cause wherein the Petitioners were Plaintiffs, and Bowater Vernon Esquire, William Vernon, Thomas Vernon Senior, George Vernon an Infant, by his Guardian, George Wheeler, Richard Vernon, John Bearcroft, Francis Keck, John Niccoll, and Thomas Vernon Junior, by Thomas Vernon Senior his Guardian, were Defendants; and in a Cross Cause, wherein the said Bowater Vernon was Plaintiff, and Francis Keck, John Niccoll, George Wheeler, John Bearcroft, and Richard Vernon Gentlemen, Executors and Trustees of the Will of the said Thomas Vernon deceased, the said Roger Acherley and Elizabeth his Wife, Letitia Acherley the Daughter of the said Roger Acherley and Elizabeth his Wife, and Mary Vernon Widow of the said Thomas Vernon deceased, were Defendants; and praying, "That the said Decree and Order may be reversed, except what relates to the Devises to the said Mary Vernon, the Widow of the Testator; and to make such other Order for the Petitioners Relief as to their Lordships shall seem meet:"

And it appearing that the said Decree and Order were not passed and entered till Wednesday last:

It is Ordered, That the said Bowater Vernon, William Vernon, Thomas Vernon Senior, George Vernon the Infant, Richard Vernon the surviving Trustee, Francis Keck, John Niccoll, and Thomas Vernon the Infant, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the Thirteenth Day of May next.

No more Private Business to be received.

Ordered, That no more Appeals, nor any Petition for a Private Bill, be received during this Session of Parliament.

Gunpowder Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for making more effectual an Act passed in the Fifth Year of His Majesty's Reign, intituled, An Act for preventing the Mischiefs which may happen by keeping too great Quantities of Gunpowder in or near the Cities of London and Westminster, or the Suburbs thereof," stands committed, be revived, and meet To-morrow Morning.

Sir A. Maxwell versus Houstoun.

After hearing Counsel, in Part, upon the Petition and Appeal of Sir Alexander Maxwell Baronet; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, made on the Behalf of Andrew Houstoun Esquire:

And being withdrawn:

It is Ordered, That the Hearing the Residue of the said Cause be adjourned till To-morrow; and the other Causes removed in Course.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, tricesimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 30^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Sir A. Maxwell versus Houstoun, et è contra:

After hearing Counsel, as well Yesterday as this Day, upon the Original Appeal of Sir Alexander Maxwell of Montreith Baronet; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Twentieth of June, Tenth and Seventeenth of July, and Thirteenth of December, 1711, the Thirteenth and Twenty-fifth of February and Twenty-ninth of July 1713, the Ninth of December 1714, the Twelfth and Twenty-first of January 1715, the Twelfth of July and Ninth of November 1716, the Twelfth of July, Twenty-ninth of November, and Twelfth of December, 1717, the Tenth of June 1718, and Twentysecond of January 1720, made on the Behalf of Andrew Houstoun of Calderhall Esquire; and praying, "That the same may be reversed:" As also upon the Cross Appeal of the said Andrew Houstoun Esquire, to which the said Sir Alexander Maxwell is Respondent; complaining, "That the said Andrew Houstoun is aggrieved by Part of the Interlocutory abovementioned of the Twelfth of July 1717, and likewise of an Interlocutory of the Twenty-ninth of November 1717; and praying Relief therein:"

And the Counsel on both Sides having been fully heard; and due Consideration had of what was offered by Counsel in these Causes:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Twentieth of June, Tenth of July, and Seventeenth of July, 1711, be, and are hereby, affirmed; and that all the other subsequent Interlocutories complained of by the Appellant Sir Alexander Maxwell be, and are hereby, reversed; and that the Cross Appeal of the Respondent Andrew Houstoun Esquire be, and is hereby, dismissed this House; and that, in the further Proceedings in this Cause, the said Lords of Session do allow to the Appellant Sir Alexander Maxwell all such Debts as he shall make out a Right to; and that he be answerable to the Respondent for so much of the Personal Estate, and of the Rents and Profits of the Real Estate, as shall be made out that he hath received; and if it shall be proved that the Appellant Sir Alexander Maxwell hath abstracted or taken away any particular Papers out of the Charter Chest, the said Lords shall, for so doing, proceed against him as is just.

Gunpowder Bill:

The Duke of Wharton reported from the Lords Committees to whom the Bill, intituled, "An Act for making more effectual an Act passed in the Fifth Year of His Majesty's Reign, intituled, An Act for preventing the Mischiefs which may happen, by keeping too great Quantities of Gunpowder in or near the Cities of London and Westminster, or the Suburbs thereof," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Then the said Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

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

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

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

M^cDowall, to-enter into Recognizance for L. Saltoun.

The House being moved, "That Mr. Patrick M^c Dowall may be permitted to enter into a Recognizance for Alexand'r Lord Saltoun, on account of his Appeal depending in this House, to which Mr. William Frazer is Respondent; the Appellant residing in Scotland:"

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

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Adolphus Oughton and others:

With a Bill, intituled, "An Act for enlarging the Term granted by an Act passed in the Sixth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for repairing the Highways from Old Stratford, in the County of Northampton, to Dunchurch, in the County of Warwick; and for making the same more effectual;" to which they desire the Concurrence of this House.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, primum diem Maii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.