House of Lords Journal Volume 22: May 1726, 1-10

Journal of the House of Lords: Volume 22, 1722-1726. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Citation:

'House of Lords Journal Volume 22: May 1726, 1-10', in Journal of the House of Lords: Volume 22, 1722-1726( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol22/pp669-676 [accessed 23 December 2024].

'House of Lords Journal Volume 22: May 1726, 1-10', in Journal of the House of Lords: Volume 22, 1722-1726( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol22/pp669-676.

"House of Lords Journal Volume 22: May 1726, 1-10". Journal of the House of Lords: Volume 22, 1722-1726. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol22/pp669-676.

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In this section

May 1726, 1-10

DIE Lunæ, 2o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Roffen.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton. Camerarius.
Dux Montagu.
Dux Kent.
Dux Manchester.
Dux Bridgewater.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Chesterfield.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Rothes.
Comes Findlater.
Comes Aberdeen.
Comes Strafford.
Comes Halifax.
Comes Sussex.
Comes Pomfret.
Viscount Say & Seale.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Guilford.
Ds. Ashburnham.
Ds. Hay.
Ds. Gower.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

Kensington, &c. Roads, Bill:

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Roads in the Parishes of Kensington, Chelsea, and Fulham, and other Parishes therein mentioned, in the County of Middlesex," was committed: That the Committee had gone through the said Bill and directed him to report the same to the House, without any Amendment."

The said Bill was read the Third Time.

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Elde and Mr. Thurston:

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

Motion for shortening Bennet's Committee.

The House being moved, "In regard of the approaching Conclusion of this Session of Parliament, that the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, may be so far dispensed with, as that the Committee to whom Mr. Bennett's Bill stands committed, which is appointed to meet the Fourteenth Instant, may have Leave to fit on a shorter Day:"

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

Parker versus Harvey & al:

After hearing Counsel, upon the Petition and Appeal of Margaret Parker, Widow of Christopher Parker Esquire, deceased; complaining of several Orders of the Court of Chancery, of the Twenty-ninth of January One Thousand Seven Hundred and Twenty-three, and the Twentieth of July One Thousand Seven Hundred and Twenty-four, and the subsequent Orders and Proceedings made in Pursuance thereof, in certain Causes, wherein Edward Harvey, Joseph Ayloff, Shem Bridges, Esquires, and Edward Dixon Gentleman, were Plaintiffs, and the Appellant, and Alexander Parker Gentleman, Thomas Stanley and Katherine his Wife, and William Brome Esquire, were Defendants; and wherein the said Appellant was Plaintiff, and Alexander Parker, Thomas Stanley and Katherine his Wife, were Defendants; and praying, "That the same may be reversed:" As also upon the several Answers of the said Edward Harvey, Hannah Dixon Widow, Thomas Stanley and his Wife, and Sarah Dobson Widow, put in to the said Appeal; and due Consideration and Debate 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 so much of the several Orders appealed from, whereby Six Hundred Thirty-one Pounds Twelve Shillings and Seven Pence was directed to be paid to the Respondent Harvey, over and above the Principal, Interest, and Costs, due on the Mortgage assigned to him by Mr. Peer Williams, be reversed; and that the said Six Hundred Thirtyone Pounds Twelve Shillings and Seven Pence shall be applied, in equal Proportion, towards the Debt due to the Appellant, to be computed according to the Sum stated to be due to her, with Interest for the same, from the Time of such stating the Debt due to the Respondent Harvey, and the Debts due to the other Creditors by Specialty; and that so much of the Orders appealed from, as direct the Application of Twelve Hundred Forty-four Pounds Seven Shillings to the Payment of the Respondent Stanley's Demands in equal Degree with other Creditors, be reversed; and that an Accompt be taken, by One of the Masters of the said Court of Chancery, of the Reality of the Respondent Stanley's Debt, how it became due, and whether by Specialty; and to report the same to the said Court, who are to do thereon as shall be just: And it is further Ordered and Adjudged, That as to the rest and Residue of the Orders aforementioned, the same are hereby affirmed.

Sidney's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of several Lands in the County of Suffolk, the Estate of the Honourable Thomas Sidney Esquire and Mary his Wife; and for purchasing several Lands in the County of Norfolk, of as great or greater Value, and settling the said Lands in Norfolk to the same Uses as the said Lands in Suffolk now stand limited."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Elde and Mr. Thurston:

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

Stewart's Petition rejected.

Upon reading the Petition of William Stewart; praying, "That the Appeal of Nathan Ellison, to which the Petitioner is Respondent, may be heard this Session of Parliament, notwithstanding the Order of this House of the Sixth of April last, that no more Appeals than a certain Number be heard this Session:"

It is Ordered, That the said Petition be rejected.

Rector of St. Mary le Strand, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for making Provision for the Rector of St. Mary le Strand, in the County of Middlesex; and for other Purposes therein mentioned."

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

Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Montagu.
Dux Bridgewater.
Comes Warwick.
Comes Westmorland.
Comes Clarendon.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Findlater.
Comes Aberdeen.
Comes Strafford.
Comes Sussex.
Comes Pomfret.
Viscount Say & Seale.
Viscount Hatton.
Viscount Falmouth.
Viscount Harcourt.
Epus. London.
Epus. Winton.
Epus. Roffen.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Bristol.
Epus. Cestriens.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Compton.
Ds. Lynne.
Ds. Ca'teret.
Ds. Guilford.
Ds. Ashburnham.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Lechmere.

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.

Bricks & Tiles, Bill.

Hodie 2a vice lecta est Billa, intituled, An Act to prevent Abuses in the making of Bricks and Tiles, and to ascertain the Dimensions thereof; and to prevent all unlawful Combinations amongst any Brickmakers or Tilemakers, within Fifteen Miles of the City of London, in order to advance or enhance the Price of Bricks or Tiles."

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

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

Black Act to continue, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to continue an Act made in the Ninth Year of His Majesty's Reign, (intituled, "An Act for the more effectual punishing wicked and cvil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects; and for the more speedy bringing the Offenders to Justice") and for making the said Act more effectual."

Cornwall versus Bowles.

The House being moved, "That the Hearing the Cause wherein Francis Cornewall Esquire is Appellant, and William Bowles Esquire Respondent, which stands appointed for To-morrow, may be put off, in regard the Counsel are necessarily required to be absent; and both Sides are consenting:"

It is Ordered, That the Hearing the said Cause be adjourned till Friday next.

Adjourn.

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

DIE Mercurii, 4o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Newcastle.
Dux Greenwich.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Chesterfield.
Comes Clarendon.
Comes Essex.
Comes Cardigan.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Comes Sussex.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Ds. Abergavenny.
Ds. Howard Eff.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

Suitors in Chancery, Monies, &c. to secure, Bill.

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

With a Bill, intituled, "An Act for better securing the Monies and Effects of the Suitors of the Court of Chancery;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Rights of Executors to Testators Estates.

After some Debate, in relation to the Rights and Interests of Executors in Testators Estates not being sufficiently ascertained:

It is Ordered, That the Judges do prepare, and bring in, a Bill, to declare and settle the Rights and Interest of Executors to the Estates of Testators, upon the Debate in the House.

Merchants & al. of London, for River Dun Bill:

A Petition of the Merchants, Wholesale Traders, and others, trading and dealing in the Iron Manufactory, Cutlery Wares, heavy Wrought Iron, and other Wares and Merchandizes, in the City of London:

Gentlemen of Leeds for it;

Also, a Petition of the Gentlemen, Merchants, Clothiers, and others, Tradesmen in and about Leeds, in the West Riding of the County of York:

and Mayor & I of Doncaster for it.

As also, a Petition of the Mayor, Aldermen, and Burgesses, of the Borough of Doncaster, in the County of York; praying, "That the Bill, intituled, "An Act for making the River Dun, in the West Riding of the County of York, navigable, from Holmslile to Doncaster, up to the utmost Extent of Tinsley, Westward, a Township within Two Miles of Sheffield," may pass:"

Were severally presented to the House, and read.

And severally ordered to lie on the Table, till the said Bill be read a Second Time.

Edgworth's Petition.

Upon reading the Petition of Robert Edgeworth Esquire, Respondent to the Appeal of Edward Edgeworth Esquire; praying, "That the said Appellant may be directed to return certain pretended Articles and Settlement, which were delivered to the Appellant's Agent by the Deputy Remembrancer of the Court of Exchequer in Ireland, pursuant to an Order of this House of the Seventeenth of May 1721, so as the Validity thereof may soon be determined, and the Petitioner relieved; and that their Lordships would enforce their Order and Judgement of the Twenty-sixth of June 1721, by compelling the said Appellant to cause his Children to appear and put in their Answer to the Petitioner's Bill in the Exchequer there; or that, in Default thereof, the same may be taken pro Confesso against them; or that the Petitioner may be otherwise relieved."

And thereupon Mr. John Roberts, the Petitioner's Agent, was called in; and examined, whether any and what Notice was given to the said Edward Edgeworth of this Application.

And being withdrawn:

It is Ordered, That on Monday next this House will take the said Petition into Consideration; and that, in the mean Time, the Petitioner do cause a Copy thereof to be given to the said Appellant Edward Edgeworth, who is then to attend this House; and that Notice be also given him, that he is at Liberty to be heard at that Time if he thinks fit.

Vexations Arrests, Bill.

The Order of the Day, for the Reading of the Bill, intituled, "An Act to prevent frivolous and vexatious Arrests," a Second Time, being read:

As were also the several Petitions against the same, which were ordered to lie on the Table:

It is Ordered, That the said Bill be read a Second Time on Monday next; and that the Judges do then attend; and that the Petitioners be at Liberty to be heard, by their Counsel, if they think fit.

River Dun, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act for making the River Dun, in the West Riding of the County of York, navigable, from Holmstile to Doncaster, up to the utmost Extent of Tinsley, Westward, a Township within Two Miles of Sheffield;" and for hearing Counsel for and against the same:

And Counsel attending accordingly:

They were called in.

And the Bill was read a Second Time.

And the Counsel as well for as against the same were heard; and several Witnesses were examined.

And then they were directed to withdraw.

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

Dux Devon, Præses.
Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Newcastle.
Comes Lincoln.
Comes Warwick.
Comes Chesterfield.
Comes Clarendon.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Godolphin.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Viscount Townshend.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Harcourt.
Arch. Ebor.
Epus. Dunelm.
Epus. Eliens.
Epus. Carliol.
Epus. Norwic.
Epus. Bristol.
Epus. Cestriens.
Ds. Abergavenny.
Ds. Howard Eff.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Ducie.
Ds. Lechmere.

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.

Bennet's Bill, Committee shortened.

The House (according to Order) proceeded to take into Consideration the Motion made on Monday last, for dispensing with the Standing Order of this House, in relation to the Commitment of Private Bills, so far as that the Committee to whom Mr. Bennett's Bill stands committed, may have Leave to meet on a shorter Day than directed by the said Standing Order.

And after Consideration thereof:

It is Ordered, That the said Standing Order be so far dispensed with, as that the said Committee may meet, to consider of the said Bill, on Friday next.

Rector of St. Mary le Strand, Bill:

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for making Provision for the Rector of St. Mary le Strand, in the County of Middlesex; and for other Purposes therein mentioned," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

The said Bill was read the Third Time.

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

It was Resolved in the Affirmative.

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

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

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

Bricks and Tiles, Bill:

The Lord Bishop of Norwich likewise reported from the Lords Committees to whom the Bill, intituled, "An Act to prevent Abuses in the making of Bricks and Tiles; and to ascertain the Dimensions thereof; and to prevent all unlawful Combinations amongst any Brickmakers or Tilemakers, within Fifteen Miles of the City of London, in order to advance or enhance the Price of Bricks or Tiles," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

The said Bill was read the Third Time.

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

It was Resolved in the Affirmative.

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

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

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

Black Act, to continue, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act to continue an Act made in the Ninth Year of His Majesty's Reign, (intituled, "An Act for the more effectual punishing wicked and evil-disposed Persons going armed and disguised, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects; and for the more speedy bringing the Offenders to Justice;") and for making the said Act more effectual."

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

Adjourn.

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

Die Sabbati, 18o Die Martii, 1726, hitherto examined by us,

Jo. Carliol.
Jo. Norwich.
De Lawarr.

DIE Veneris, 6o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Asaphens.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestriens.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Kent.
Dux Newcastle.
Dux Manchester.
Comes Lincoln.
Comes Warwick.
Comes Berks.
Comes Chesterfield.
Comes Clarendon.
Comes Litchfield.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Findlater.
Comes Selkirk.
Comes Ilay.
Comes Strafford.
Comes Halifax.
Comes Sussex.
Comes Harborough.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Gower.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

Messages from H. C. to return Grey's Bill;

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

To return the Bill, intituled, "An Act for the Sale of several Estates of Henry Grey Esquire, in the County of Southampton; and for settling other Estates, of equal Value, in the Counties of Berks and Wilts, to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Burt's Bill.

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

To return the Bill, intituled, "An Act for Sale of Part of the Estate of John Burt, deceased, in the County of Southampton;" and to acquaint this House, that they have agreed to the said Bill, with One Amendment, whereunto they desire their Lordships Concurrence.

Which Amendment, being read Thrice by the Clerk, was agreed to by the House.

And a Message was sent to the House of Commons, by Mr. Lightboun and Mr. Thomas Bennett, to acquaint them therewith.

Suitors in Chancery, Monies, &c. to secure, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for better securing the Monies and Effects of the Suitors of the Court of Chancery:"

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow; and that some of the Judges and also some of the Masters in Chancery do then attend.

Messages from H C with a Bill and to return Lord Waldegrave's Bill.

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

To return the Bill, intituled, "An Act for Sale of Part of the settled Estate of James Lord Waldegrave, in the County of Somerset; and for settling other Lands in Lieu thereof; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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

With a Bill, intituled, "An Act for vesting certain Lands and Hereditaments, in the Kingdom of Ireland, (the Estate of Cæsar Colclough Esquire) in Trustces, to be sold or mortgaged, for raising Money to discharge Incumbrances affecting the same; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

Cornwall versus Bowles.

Counsel were called in, to be heard, upon the Petition and Appeal of Francis Cornewall Esquire; complaining of a Decree of the Court of Chancery, made the Seventeenth Day of June One Thousand Seven Hundred and Twenty-four, in a Cause wherein William Bowles Esquire was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed;" as also upon the Answer of the said William Bowles put in to the said Appeal.

And Mr. Attorney General, on the Part of the Appellant, acquainted the House, "That the said Parties were come to an Agreement; and that the same was put into Writing, and signed as well by the said Respondent as the said Appellant."

And Mr. Solicitor General, on the Part of the said Respondent, likewise acquainted the House, "That the said Respondent did consent to the said written Agreement."

The same, being first read, was delivered in at the Bar.

And the Counsel were directed to withdraw.

And being withdrawn:

The said written Agreement was read, by the Clerk, at the Table.

And, after Consideration had in relation to this Matter, it is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, according to the said written Agreement, That the said Decree complained of in the said Appeal be, and is hereby, reversed; and that the Respondent shall have his Option, whether he will keep the Estate in Question, free from all Incumbrances, except the Appellant's Daughter's Portion of Three Thousand Pounds, and Interest from this Time, till paid, and Forty Pounds per Annum to the Appellant's Wife, during the joint Lives of her and the Appellant, and One Hundred Pounds per Annum if she survives him, and in such Case pay the Appellant Eight Thousand Five Hundred Pounds in full of all Demands; or whether the Appellant shall take back the Estate, and pay the Respondent Eleven Thousand Five Hundred Pounds in full of all Demands; and in either Case, proper Conveyances and Releases to be executed, as Counsel shall advise; the Respondent to have a Month's Time to make his Option; and the Money to be paid on either Side, as the Case shall happen, within One Month after the Option made; and in Case the Respondent shall make his Option to keep the Estate, and pay the Eight Thousand Five Hundred Pounds, then all Incumbrances affecting the Estate, except the said Portion of the Appellant's Daughter, and the Interest thereof, and the said Annuity to the Appellant's Wife, are to be paid out of the said Eight Thousand Five Hundred Pounds; and that no Accompt be taken for the Time past, nor Costs on either Side: And it is hereby further Ordered, That the said Court of Chancery, upon the Application of either Party, do carry this Judgement into Execution.

River Dun, navigable, Bill:

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for making the River Dun, in the West Riding of the County of York, navigable, from Holmstile to Doncaster, up to the utmost Extent of Tinsley, Westward, a Township within Two Miles of Sheffield, was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

The said Bill was read the Third Time.

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

It was Resolved in the Affirmative.

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

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

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

Colclough's Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Hereditaments in the Kingdom of Ireland (the Estate of Cæsar Colclough Esquire) in Trustees, to be sold or mortgaged, for raising Money, to discharge Incumbrances affecting the same; and for other Purposes therein mentioned."

Upon the First Reading of the said Bill, it is Ordered, That the Consideration thereof be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Denton; who are forthwith to summon all Parties that are to be concerned therein; and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Messages from H C. to return Sir Festus Burke's Bill.

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

To return the Bill, intituled, "An Act for Sale of Part of the Estate of Sir Festus Burke Baronet, towards discharging the Debts and Incumbrances affecting the same; and for making a Provision for the Lady Letitia his Wife, Eldest Daughter of the Right Honourable John late Earl of Clanrickard, in the Kingdom of Ireland;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Adjourn.

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

DIE Sabbati, 7o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Kent.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Clarendon.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Sutherland.
Comes Findlater.
Comes Selkirk.
Comes Ilay.
Comes Sussex.
Comes Harborough.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount Cobham.
Viscount Harcourt.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Gower.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

Bennet's Bill.

The Lord Bishop of Peterborough reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in Trustees the Estate of Thomas Bennett Esquire, in the Counties of Suffolk, Kent, Middlesex, and the City of London, to sell Part thereof, for Payment of his Debts; and for other Purposes therein mentioned," was committed: "That they had considered the said Bill; that the Parties concerned have given their Consents; and that the Committee had gone through the same, with some Amendments."

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

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

Trials by Nisi Prius Bill.

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

With a Bill, intituled, "An Act for the better regulating Trials by Nisi Prius, in the County of Middlesex;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Suitors in Chancery, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for better securing the Monies and Effects of the Suitors of the Court of Chancery."

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 said Bill, and made Two Amendments thereunto; which he was directed to report, when their Lordships will please to receive the same."

Ordered, That the said Report be now received.

Accordingly his Lordship reported the Amendments made by the Committee to the said Bill.

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

"Press 20th. Line 18. After the Word ["England"], insert ["or any Bond or Obligation under the Common Seal of the United Company of Merchants of England trading to The East Indies, or any Endorsement or Assignment thereon; or on any Bond or Obligation under the Common Seal of the Governor and Company of Merchants of Great Britain trading to The South Seas and other Parts of America, and for encouraging the Fishery."]

"At the End of the Title add, ["and to prevent the counterfeiting of East India Bonds, and Endorsements thereon; as likewise Endorsements on South Sea Bonds"]."

Bennet's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Estate of Thomas Bennett Esquire, in the Counties of Suffolk, Kent, Middlesex, and the City of London, to sell Part thereof, for Payment of his Debts; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Elde and Mr. Thurston:

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

Adjourn.

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

DIE Lunæ, 9o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
Comes Lincoln.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Chesterfield.
Comes Clarendon.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Findlater.
Comes Selkirk.
Comes Ilay.
Comes Strafford.
Comes Sussex.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Foley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

Petition of the Traders of Bristol;

A Petition of several Traders, Manufacturers, and Artificers, inhabiting in the City of Bristol, and Suburbs thereof:

Bailiff, &c. of Blandford:

Also, a Petition of the Bailiff and Burgesses of the Borough of Blandford Forum, in the County of Dorset:

and Mayor, &c. Worcester against frivolous Arrests, Bill.

As also, a Petition of the Mayor, Aldermen, and Common Council, of the City of Worcester, in Council assembled; praying Relief touching the Bill, intituled, An Act to prevent frivolous and vexatious Arrests:"

Were severally presented to the House, and read.

And severally ordered to lie on the Table, till the said Bill be read a Second Time.

Suitors in Chancery, Monies, &c. to secure, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for better securing the Monies and Effects of the Suitors of the Court of Chancery."

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. Elde and Mr. Thurston:

To carry down the said Bill; and acquaint them, that this House hath agreed to the same, with some Amendments, whereunto their Lordships desire their Concurrence.

Trials by Nisi Prius, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the better regulating Trials by Nisi Prius, in the County of Middlesex."

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

Edgworth's Petition considered.

The Order of the Day being read, for taking into Consideration the Petition of Robert Edgeworth Esquire, and for the Attendance of Edward Edgeworth:

And the said Edward attending accordingly; he was called in.

As was likewise John Roberts, the Petitioner's Agent.

And the said Petition being read; the said Edward Edgeworth and John Roberts were heard, and then were directed to withdraw.

And being withdrawn:

It is Ordered, That the further Consideration of the said Petition be adjourned to Wednesday next; and that One Counsel of a Side be then heard, touching the Matters contained in the said Petition.

Vexatious Arrests, Bill.

The other Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to prevent frivolous and vexatious Arrests;" and for hearing Counsel against the same:

And the Counsel attending accordingly; they were called in, and the Bill was read a Second Time.

And the Counsel against the same were heard.

And then they were directed to withdraw.

And the Judges attending (according to Order), the Lord Chief Justice of the Court of King's Bench acquainted the House with the Sentiments of all the Judges touching the said Bill.

It is Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next; and that the Judges do then attend.

Mr. Cowper and Mr. Reynell's Matter to be heard at Bar.

Ordered, That the Matter of the Petitions of William Cowper Esquire, Clerk of the Parliaments, and Charles Reynell, formerly referred to the Lords Committees for Privileges, be heard, by Counsel on both Sides, at the Bar of this House, on Friday next.

Rights of Executors, Bill.

The Lord Chief Justice of the Court of King's Bench (according to Order) presented to the House a Bill, prepared by the Judges, intituled, "An Act to declare and settle the Rights and Interests of Executors to the Estates of Testators."

The said Bill was read the First Time.

Frauds in Gold and Silver Wares, Bill.

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

With a Bill, intituled, "An Act for the better preventing Frauds and Abuses in the manufacturing of Gold and Silver Wares;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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