House of Lords Journal Volume 21: February 1719, 11-20

February 1719, 11-20

DIE Sabbati, 14^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

Establishment of Land Forces delivered.

Earl Stanhope presented to the House (by His Majesty's Command) pursuant to their Lordships Address of Tuesday last, Two Papers; (videlicet,)

1. "Establishment of His Majesty's Land Forces on Foot, in Great Britain."

2. "Account of the Number of Land Forces in Ireland, according to the present Establishment."

And the Titles thereof were read.

Holborne versus Babbington:

After hearing Counsel, upon the Petition of William Babbington Defendant, in a Writ of Error from the Exchequer Chamber in Ireland; praying, "In regard the same is defective, and the Record not regularly removed before this House thereby, that the said Writ of Error may be quashed;" as also Counsel for the Plaintiff James Holborne, Lessee of the Right Honourable John Lord Baron of Kingston in the said Kingdom; and due Consideration had of what was offered on either Side thereupon:

Writ of Error quashed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Writ of Error be, and is hereby quashed: And it is further Ordered, That the Plaintiff do pay, or cause to be paid, to the said Defendant, the Sum of Forty Shillings, for his Costs.

Long's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estate of Nathaniel Long, late of London, Merchant, deceased, for Payment of his Debts, and for applying the Residue according to the Directions of his Will," was committed: "That they had considered of the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Sir Nicholas Tempest's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Relief of Sir Nicholas Tempest Baronet, touching an Estate demised to him by William late Lord Widdrington and Lady Jane his late Wife, many Years before the Attainder of the said late Lord Widdrington."

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

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

Smith's Charity Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming an Agreement between the Mayor and Commonalty and Citizens of the City of London, Governors of the Possessions, Revenues, and Goods, of the Hospitals of Edward King of England the Sixth, of Christ, Bridewell, and St. Thomas the Apostle; and the Governors of the Schools founded by Erasmus Smith Esquire."

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

It was Resolved in the Affirmative.

Tyrwhitt's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting an Estate late of Francis Phelips Esquire, in Barking, in the County of Essex, in Trustees, to be sold, for the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

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

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

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

Burgh versus Fitzgerald:

Upon reading the Petition of Richard Burgh Clerk; setting forth, "That the Petitioner, the Beginning of December last, transmitted from Dublin a Letter and Instructions to Mr. Collier, his Agent in London, to draw an Appeal to this Honourable House, from Two Decrees and subsequent Orders made in the Court of Chancery in Ireland, in a Cause there depending, wherein Gamaliel Fitzgerald was Plaintiff, and the Petitioner and others Defendants; that, by reason of the Illness of the Petitioner's said Agent, who was kept ignorant of the said Letter and Instructions, the said Appeal was not ready to be presented within the Time limited by the Standing Orders of this House;" and praying, "In regard the same was not occasioned by any Neglect of the Petitioner, that the said Appeal may be now received:"

Mr. Collier, the Petitioner's Agent, attending; he was called in, and examined upon Oath, in relation to the Allegations contained in the said Petition.

And withdrew.

Appeal received.

Ordered, That the Appeal be received.

Adjourn.

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

DIE Lunæ, 16^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

D. Wharton's Petition referred to Judges.

Upon reading the Petition of Philip Duke of Wharton, by Thomas Lord Coningesby his next Friend; praying Leave to bring in a Bill, for vesting such Part of the Petitioner's entailed Estates as therein to be particularly set forth in Trustees, to be sold or mortgaged; and for applying the Monies to arise thereby in the Purchase of such of the Goods, Pictures, Household Stuff, and Furniture, in the Capital Messuages of Winchendon and Wooburne, in the County of Bucks, and Estates devised to be sold by the Will of Thomas late Lord Marquis of Wharton, deceased, as the Petitioner's Guardians shall think fit; and for settling the Lands or Estates so to be purchased to the same Uses as the said entailed Estates are now settled and limited:

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

Causes put off.

Whereas this Day was appointed, for hearing the Cause wherein Katherine Stevenson and James Gillon Esquire are Appellants, and Gilbert, Mary, and Euphan Fife, Respondents:

It is Ordered, That the said Cause be heard, by Counsel, at the Bar, on Wednesday next; and that the other Causes appointed on Cause Days be removed, to come on in Course.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act against clandestine Running of uncustomed Goods, and for the more effectual preventing of Frauds relating to the Customs;" to which they desire the Concurrence of this House.

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

After some Time spent therein, the House was resumed.

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

Ordered, That the said Bill be read the Third Time To-morrow.

Paul's and Chtherow's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act, to enable Catherine Paul, an Infant, to transfer the Trust therein mentioned, as if the were of the Age of One and Twenty Years."

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. Meller and Mr. Bennet:

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

Sprogell's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Lodowick Christian Sprogell."

Colchester Channel Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for enlarging the Time granted by an Act of the Ninth and Tenth Years of King William, for cleansing and making navigable the Channel from The Hythe at Colchester to Wivenhoe; and for making the said Act more effectual."

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

Sir Nicholas Tempest's Bill.

The Earl of Clarendon reported, from the Lords Committees to whom the Bill, intituled, "An Act for Relief of Sir Nicholas Tempest Baronet, touching an Estate demised to him by William late Lord Widdrington and Lady Jane his late Wife, many Years before the Attainder of the said late Lord Widdrington," was committed; "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Barwell's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Robert Barwell Esquire; and for purchasing other Lands, to be settled to the same Uses as the Estate to be sold is settled."

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. Meller and Mr. Bennet:

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

Burgh versus Fitzgerald.

Upon reading the Petition and Appeal of Richard Burgh Clerk; complaining of the Master's Report of the Nine and Twentieth of June, and an Order of the Six and Twentieth of January, 1716; also of an Order of the Seventh of June, and a Report of the Fourteenth of December, 1717; and likewise of Two Orders of the Three and Twentieth and Six and Twentieth of June 1718, and of the several Orders and subsequent Proceedings thereupon, made by the Court of Chancery in Ireland, in a Cause there depending, wherein Gamaliel Fitzgerald Gentleman was Plaintiff, and the Petitioner and Robert Blenet Hasset and Charles Burgh Defendants; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Gamaliel Fitzgerald may have a Copy of the said Appeal; and be and is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Three and Twentieth Day of March next.

Sejourne, Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to naturalize Peter Sejourne.

Long's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Nathaniel Long, late of London, Merchant, deceased, for Payment of his Debts; and for applying the Residue according to the Directions of his Will."

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. Meller and Mr. Bennet:

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

Adjourn.

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

DIE Martis, 17^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lucas, &c. to be added to Sejourne's Nat. Bill.

Upon reading the Petition of Peter Lucas and Samuel Dufresnay; praying, "That they may be added to the Bill, intituled, An Act to naturalize Peter Sejourne:"

It is Ordered, That the Petitioners be admitted to be added to the said Bill, as desired.

Smith versus Phelipps, in Error:

After hearing Counsel, upon the Petition of Edward Phelipps Esquire, Defendant in a Writ of Error brought into this House the Seventh of January last, upon a Judgement obtained by the Defendant in the Writ of Error, and afterwards affirmed in the Exchequer Chamber, wherein Thomas Smith is Plaintiff; in which Writ the said Plaintiff hath named himself by a different Addition from what he is named in the Record, in order to delay the Defendant from recovering his just Debt; and praying Relief in the Premises: As also Counsel for the said Thomas Smith the Plaintiff; and due Consideration had of what was offered on either Side thereupon:

Errors to be argued, not withstanding a Variation from the Record.

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Tuesday the Third Day of March next, at Eleven a Clock, notwithstanding the Variance mentioned in the said Petition.

Judges to prepare a Bill for Amendment of Writs of Error.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do prepare, and bring in, a Bill for the Amendment of Writs of Error; and for the enlarging the Statutes of Jcofails.

Mutiny Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

It was Resolved in the Affirmative.

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

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

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

Bolton and Bridgen versus Jeffes, in Error:

Whereas this Day was appointed, for hearing the Errors argued upon the Writ of Error brought into this House the Nineteenth of January last, from the Court of King's Bench, wherein Peter Bolton and Edward Bridgen are Plaintiffs, and Robert Jeffes Defendant: Counsel appearing for the Defendant; but no Counsel for the Plaintiffs in Error, who made Default:

Judgement affirmed, with Costs.

It is therefore Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the said Court of King's Bench, for the said Defendant in Error, be, and is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Peter Bolton and Edward Bridgen do pay, or cause to be paid, to the said Robert Jeffes, the Sum of Thirty Pounds, for his Costs sustained by reason of the bringing the said Writ of Error.

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

"Et quia Cur. Parliamenti de Judicio suo de et super Præmiss. reddend. nondum advisatur, Dies inde dat est Partibus præd. usque Diem Martis, Decimum Septimum Diem Februarii ex tunc prox. sequen. apud Westm. in Com. Midd. de Judicio suo audiend. eo quod Cur. Parliamenti præd. nondum &c.; ad quem Diem, coram Cur. Parliamenti præd. ven. præd. Rob'tus Jeffes, qui tam &c. per Attorn. suum præd.; super quo, vis. et per Cur. Parliamenti præd. examinat. tam Record. et Process. præd. ac Judic. præd. superinde reddit. quam Causis pro Error. superinde assignat. cons. est per Cur. Parliamenti præd. quod Judic. præd. in omnibus affirmetur, et in omnibus suis Robor. stet et Effectu, dictis Causis pro Error. assignat. in aliquo non obstant.; et quod præd. Rob'tus Jeffes, qui tam &c. in Cur. dicti Domini Regis, coram ipso Rege, habeat inde Executionem suam versus præfat. Petrum Bolton et Ed'r'um Bridgen, juxta Formam et Effectum Judic. præd.: et ulterius per eandem Cur Parliamenti præd. cons. est, quod præd. Rob'tus Jeffes, qui tam &c. recuperet versus præfat. Petrum Bolton et Ed'r'um Bridgen Trigint. Libr. eidem Rob'to Jeffes, qui tam &c. pro Mis. et Custag. suis, quæ sustin. Occasione Dilationis Executionis Judic. præd. Prætextu Prosecution. præd. Brevis de Error. hic in eadem Cur. Parliamenti."

Bolton and Bridgen versus King, in Error.

Whereas this Day was appointed, for hearing the Errors argued upon the Writ of Error brought into this House the Nineteenth of January last, from the Court of King's Bench, wherein Peter Bolton and Edward Bridgen are Plaintiffs, and Stephen King Defendant; Counsel appearing for the Defendant; but no Counsel for the Plaintiffs in Error, who made Default:

Judgement affirmed, with Costs.

It is therefore Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the said Court of King's Bench for the said Defendant in Error be, and is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Peter Bolton and Edward Bridgen do pay, or cause to be paid, to the said Stephen King, the Sum of Thirty Pounds, for his Costs sustained by reason of bringing the said Writ of Error.

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

"Et quia Cur. Parliamenti de Judicio suo de et super Præmiss. reddend. nondum advisatur, Dies inde dat. est Partibus præd. usque Diem Martis, Decimum Septimum Diem Februarii ex tunc prox. sequen. apud Westm. in Com. Middl'x, de Judicio suo audiend. eo quod Cur. Parliamenti præd. nondum &c.; ad quem Diem, coram Cur. Parliamenti præd. ven. præd. Steph'us King, qui tam &c. per Attorn. suum præd.; super quo, visis et per Cur. Parliamenti præd. examinat. tam Record. et Process. præd. ac Judic. præd. superinde reddit. quam Causis pro Errore superinde assignat. cons. est per Cur. Parliamenti præd. quod Judic. præd. in omnibus affirmetur, et in omnibus suis Robor. stet et Effectu, dictis Causis pro Error. assignat. in aliquo non obstan.; et quod præd. Steph'us King, qui tam &c. in Cur. dicti Domini Regis, coram ipso Rege, habeat inde Executionem suam versus præfat. Petrum Bolton et Ed'r'um Bridgen, juxta Formam et Effectum Judic. præd.: Et ulterius per eandem Cur. Parliamenti præd. cons. est, quod præd. Steph'us King, qui tam &c. recuperet versus præfat. Petrum Bolton et Ed'r'um Bridgen Trigint. Libr. eidem Steph'o King, qui tam &c. pro Mis. ct Custag. suis, quæ sustin. Occasione Dilationis Executionis Judic. præd, Prætextu Prosecution. præd. Brevis de Error. hic in eadem Cur. Parliamenti."

Money issued out of Chamber of London, relating to Elections of Common Council-men, Committee to inquire concerning.

The Lords following were appointed a Committee, to examine, and report to the House, what Sums of Money have been issued, or ordered to be issued, out of the Chamber of London, for the prosecuting, defending, or maintaining, the before-mentioned Causes, or any other of the like Nature, for such Time past as the Committee shall think proper; and by what Warrant or Authority, and on whose Application; whose Lordships have Power to send for Persons, Papers, and Records; (videlicet,)

Their Lordships, or any Five of them; to meet To-morrow, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to sit de Die in Diem, till the said Matter be determined.

Lord Lovat versus Mackenzie.

Upon reading the Petition of Kenneth Mackenzie Factor, for and on Behalf of the Creditors of Alexander Mackenzie, of Frazerdale, a forfeiting Person; setting forth, "That an Appeal, in the Name and by the Designation of Simon Lord Lovat, was presented to the House, and read, the First of February 1717; complaining of Two Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Eighteenth and One and Twentieth of December 1717, made on the Behalf of the Petitioner and the said Creditors, against the said Appellant, who, as Grantee of the Crown, claimed the Estate of the said Alexander Mackenzie, and obtained Possession thereof; that, since the lodging the said Appeal, by an Act of the last Sessions of Parliament, for vesting the forfeited Estates in Great Britain and Ireland in Trustees, to be sold, for the Use of the Public, it is Enacted, That all Sentences, or Decrees, made by any Court of Judicature, since the Time mentioned in the said Act, are declared void;" and praying, on Behalf of the said Creditors, "That this House will please to take their Case into Consideration, and grant them Relief therein:"

It is Ordered, That the Petitioner be at Liberty to be heard, by his Counsel, on the Matters contained in the said Petition, at the Bar of this House, at the same Time the said Cause is appointed to be heard.

East India Trade, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better securing the lawful Trade of His Majesty's Subjects to and from The East Indies; and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions."

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein Katherine Stevenson and James Gillon Esquire are Appellants, and Gilbert, Mary, and Euphan Fife, Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday next, the First Business; and nothing to intervene; and that the other Causes be removed in Course.

Sir Nicholas Tempest's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Relief of Sir Nicholas Tempest Baronet, touching an Estate demised to him by William late Lord Widdrington and Lady Jane his late Wife, many Years before the Attainder of the said late Lord Widdrington."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons by Mr. Lovibond and Mr. Bennet:

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

Sir R. Gordon versus Brodie.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir Robert Gordon of Gordonstoun Baronet is Appellant, and James Brodie Esquire Respondent:"

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

Assize of Bread, and Sail Cloth, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for continuing the Act made in the Eighth Year of the Reign of the late Queen Anne, to regulate the Price and Assize of Bread; and for continuing the Act made in the Twelfth Year of Her said late Majesty's Reign, for the better Encouragement of the making Sail Cloth in Great Britain."

Sprogell & al. take the Oaths for Nat.

This Day Lodowick Christian Sprogell, Peter Sejourne, Peter Lucas, and Samuel Dufresnay, took the Oaths, at the Bar, in order to their Naturalization.

Adjourn.

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

DIE Mercurii, 18^o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Highways, repairing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making more effectual the several Acts passed for repairing and amending the Highways of this Kingdom."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Message from H. C. to return Davison's Bill.

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

To return the Bill, intituled, "An Act for vesting in John Porrott Gentleman and his Heirs Part of the Estate of Thomas Davison Esquire, at Stranton, Seaton Carew, and Thorp Thewles, in the County of Durham, freed from the Uses and Trusts of the said Thomas Davison's Marriage Settlement; and to settle other Lands, of better Value, to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Merchants & al. Petition against Bill for repairing Highways.

Upon reading the Petition of several Merchants, Shop-keepers, Waggoners, and other Traders, as well in the Manufactures of Linen and Cotton, as in other Goods and Merchandizes, within Manchester, Warrington, and other Places in the Counties of Lancaster and Chester, in Behalf of themselves and many Hundreds of the said Traders; praying, "That they may not be restrained from travelling as now by Law they do; or that, if it be thought reasonable to lessen the Number of Horses and Weight of Carriage in the Waggons of the adjacent Counties to London, that at least there may be an Exception of such Waggons as come from the distant Northern Counties; the same Reason for the one no Ways holding with relation to the other:"

It is Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House to whom the Bill, intituled, "An Act for making more effectual the several Acts passed for repairing and amending the Highways of this Kingdom," is committed.

Morphy versus Lorinan.

A Petition and Appeal of Patrick Morphey Gentleman, was presented to the House, and read; complaining of an Order of the Court of Exchequer in Ireland, made the Sixth of December laft, by which the Petitioner's Plea was over-ruled, in a certain Cause, wherein Philip Lorinan Gentleman and Margaret his Wife, Administratrix of John Baron deceased, were Plaintiffs, and the Petitioner and others Defendants; and praying, "That the said Order may be reversed:"

The Agent for the Defendant was called in; and examined, upon Oath, in relation to the said Appeal's not being presented within the Time limited by the Standing Order.

And withdrew.

Appeal rejected.

Ordered, That the said Appeal be rejected.

Bermingham versus L. Shelburne.

Upon reading the Petition of Edward Bermingham and Abigal his Wife, and others; praying, "That the Hearing of the Cause wherein the Petitioners are Appellants, and Henry Lord Shelburne Respondent, which is appointed to be heard the 27th Instant, may be put off to such further Time as this House shall think fit; the Petitioners Agent, who brought their Pleadings from Ireland, having refused to attend to prove the same:"

Mr. Allen, another of the Appellants Agents, was called in; and examined upon Oath, in relation to the Notice given to the Respondent for putting off the said Hearing.

And withdrew.

And a Debate arising upon the said Petition:

It is Ordered, That the said Debate be adjourned till To-morrow.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

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

Who being come, with their Speaker; he, after a short Speech, in relation to the Money Bill to be passed, delivered the same to the Clerk Assistant, in the Absence of the Clerk of the Parliaments; who brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for applying certain Overplus Monies and further Sums, to be raised as well by Way of a Lottery as by Loans, towards paying off and canceling Exchequer Bills; and for lessening the present great Charge in relation to those Bills; and for circulating and exchanging for ready Money the Residue of the same Bills for the future."

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

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

"2. An Act for strengthening the Protestant Interest in these Kingdoms."

"3. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

"4. An Act for quieting and establishing Corporations."

"5. An Act for continuing an Act made in the Twelfth Year of the Reign of Her late Majesty Queen Anne, for encouraging the Tobacco Trade."

6. An Act for the more effectual Relief of such Wives and Children as are left by their Husbands and Parents upon the Charge of the Parish."

"7. An Act for repairing the Roads from the Top of Stoken Church Hill to Enslow Bridge; and the Road leading from Wheatly Bridge, through the City of Oxon, by Begbrooke, to New Woodstock, in the County of Oxon (except the Mill-way on each Side the said City); and to disable all Commissioners or Trustees, appointed for repairing of any Highways or Roads, to have any Place of Profit arising out of the Toll for repairing such Highways or Roads."

"8. An Act for repairing the Roads from Beconsfield, in the County of Bucks, to Stoken Church, in the County of Oxon."

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

"Le Roy le veult."

"9. An Act to render more effectual the Agreements that have been made, between Thomas Holles Duke of Newcastle, Henry Pelham Esquire, Edward Lord Harley and the Lady Henrietta his Wife, William Vane and Gilbert Vane Esquires, Sons of Christopher Lord Bernard, or any of them, in relation to the Will and Estate of John late Duke of Newcastle; and for settling the same in such Manner as may be agreeable to the Intent of the said Agreements; and for other Purposes therein mentioned."

"10. An Act to vest the Fee and Inheritance of the Capital Messuage called Halifax House, in St. James's Square, in the Parish of St. James's, Westminster, and the Castle and Manor of Fotheringhay, in the County of Northampton, in Trustees, to be sold, together with a Term of Five Hundred Years, devised by William late Lord Marquis of Halifax, to his Executors, in Trust, for the better Performance of his Will."

"11. An Act for Relief of Sir Nicholas Tempest Baronet, touching an Estate demised to him by William late Lord Widdrington and Lady Jane his late Wife, many Years before the Attainder of the said late Lord Widdrington."

"12. An Act to enable William Glanvill Esquire to take upon him the Surname of Glanvill instead of his Surname of Evelyn, pursuant to the Will of William Glanvill Esquire, deceased."

"13. An Act to enable William Pulteney Esquire, and the Persons in Remainder after him, to make Leases of the Houses and Ground therein mentioned; and to rectify some Mistakes in Two Leases, from King Charles the Second to Sir William Pulteney, and from King William the Third to John Pulteney Esquire."

"14. An Act for vesting certain Lands and Tenements, in the County of Somerset, the Estate of Thomas Jett Esquire, in Trustees, to be sold; and, with the Monies arising thereby, to purchase other Lands, of the like Value, to be settled to the same Uses."

"15. An Act for vesting in John Porrett and his Heirs Part of the Estate of Thomas Davison Esquire, at Stranton, Seaton Carew, and Thorp Thewles, in the County of Durham, freed from the Uses and Trusts of the said Thomas Davison's Marriage Settlement; and to settle other Lands, of better Value, to the same Uses."

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

"Soit fait comme il est desiré."

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

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Adjourn.

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

DIE Jovis, 19^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Colchester Channel Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for enlarging the Time granted by an Act of the Ninth and Tenth Years of King William, for cleansing and making navigable the Channel from The Hythe at Colchester, to Wivenhoe; and for making the said Act more effectual."

And, after some Time spent therein, the House was resumed.

And the Earl of Stamford reported, "That the Committee had made some Progress in the said Bill; and directed him to move, That they may have Leave to sit again."

Ordered, That the House be put into a Committee again on the said Bill, on Tuesday next.

East India Trade Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better securing the lawful Trade of His Majesty's Subjects to and from The East Indies; and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions."

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

Sprogell & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Lodowick Christian Sprogell."

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

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

Sejourne, Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize Peter Sejourne."

Ordered, That the Consideration of the said Bill be referred to the Lords Committees above-named.

Their Lordships, or any Five of them; to meet at the same Time and Place.

Webber to enter into Recognizance for Barry.

Upon reading the Petition of Redmond Barry Esquire; praying, "That Michael Webber Gentleman may be allowed to enter into Recognizance for the Petitioner, on his Appeal depending in this House, to which William Jephson Dean of Lismore is Respondent; he residing in Ireland:"

It is Ordered, That the said Michael Webber may be permitted to enter into Recognizance for the said Appellant, as desired.

Highways repairing, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for making more effectual the several Acts passed for repairing and amending the Highways of this Kingdom."

And, after some Time spent therein, the House was resumed.

And the Earl of Clarendon reported, "That the Committee had gone through the said Bill, and made several Amendments thereto; which he was ready to report, when the House will please to receive the same."

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

Condition of the House, Report soncerning.

The Earl of Clarendon reported from the Lords Committees appointed to inquire into the Matters in the Report delivered to this House, the Tenth of this Instant February, by the Master Mason, upon Oath; as also the other Reports delivered by the Officers of His Majesty's Works: "That the Committee have inquired into the Matter to them referred; and have considered several other Reports laid before their Lordships by some of the said Officers of the Works; and likewife have examined the said Officers, and several other Persons procured by them to assist in viewing the said House and the Passages adjacent. And the Committee being informed, by the said Officers and Assistants, "That the said House might in a few Days be again put into sufficient and secure Repair for the present, and was also capable of a durable Repair;" their Lordships are of Opinion, That the said Officers of His Majesty's Works be directed to proceed immediately in repairing the Roof of the said House, so that the Lords may sit therein dry and in Safety for the Remainder of this Session; and that the same be done in the most expeditious Method."

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

It is thereupon Ordered, That the Officers of His Majesty's Works do proceed immediately in repairing the Roof of the House of Lords, so that the Lords may sit therein dry and in Safety for the Remainder of this Session; and that the same be done in the most expeditious Method: And it is further Ordered, That the said Officers have forthwith Notice of this Order.

Bermingham versus L. Shelburne.

Whereas this Day was appointed, for resuming the adjourned Debate, on the Petition of Edward Bermingham and his Wife, for putting off the Hearing of their Appeal, to which Henry Lord Shelburne is Respondent:

It is Ordered, That the Debate of the said Petition be further adjourned till To-morrow.

Adjourn.

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

Die Veneris, 3^o Junii, 1720, hitherto examined by us.

Clarendon.
Stanhope.
Coningesby.
Townshend.
Say et Seale.
Joh. Peterbor.
De Lawarr.

DIE Veneris, 20^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bermingham versus L. Shelburne.

Whereas this Day was appointed, for resuming the adjourned Debate upon the Petition of Edward Bermingham and his Wife, presented to this House on Wednesday last, for putting off the Hearing of their Appeal:

It is Ordered, That the Debate of the said Petition be further adjourned to Tuesday next.

Method of repairing the House.

The Earl of Clarendon informed the House, "That the Committee appointed to inspect the Condition of the House were acquainted, by the Master Mason, "That he observed the Workmen are repairing the House above in a different Method than was proposed to the Committee Yesterday."

That thereupon several Lords of the Committee went to view the same; and found Props put up; and were informed, others had been ordered to be set in the House, at a Distance from the Walls.

And the Working Carpenter being asked concerning them; he acquainted their Lordships, "That be was directed so to do by the Surveyor General; though he represented there was no Occasion for them."

Whereupon Mr. Jackson the Master Mason, and Mr. Ayres the Working Carpenter, were called in; and examined, upon Oath, at the Bar, touching the same.

And withdrew.

After some Time, they were called in again.

And the Lord Chancellor, by Direction of the House acquainted Mr. Ayres the Working Carpenter, "That their Lordships do order and direct him to proceed, without any Delay, in repairing the Roof of the House, so that the Lords may sit therein dry and in Safety for the Remainder of this Session, according to the Method by him proposed to the Committee Yesterday; and this without regard to any other or contrary Order from the Officers of the Works."

They were directed to withdraw.

Officers of Works to attend.

Ordered, That all the Officers of His Majesty's Works do attend this House Tomorrow.

E. India Trade, Bill.

Whereas To-morrow is appointed, for the House to be in a Committee on the Bill, intituled, "An Act for the better securing the lawful Trade of His Majesty's Subjects to and from The East Indies; and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions:"

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

Stevenson versus Fife et aks

After hearing Counsel, upon the Petition and Appeal of Catherine Stevenson, lawful Daughter to Robert Stevenson of Chesters, deceased, and Mr. James Gillon Advocate, her Husband, for his Interest; complaining of several Interlocutors of the Lords of Session in Stotland, of the Third and Nineteenth Days of February 17 14/15, and of the Seventeenth and Nineteenth Days of July One Thousand Seven Hundred and Fifteen, made on the Behalf of Gilbert, Mary, and Eupham Fife, Children to Gilbert Fife deceased, late One of the Bailiffs of Edinburgh; and praying, "That the same may be reversed; and that another Interlocutor of the said Lords, of the Seventeenth of December One Thousand Seven Hundred and Fourteen, may be affirmed; and that the Appellants may have such other Relief as to this House shall seem meet:" As also upon the Answer of Gilbert, Mary, and Eupham Fife, put in thereunto; and due Consideration of what was offered thereupon:

Interlocutors affirmed.

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

Commissioners Equivalent, Reports and Memorial delivered:

The House being informed, "That Mr. Fisher, Secretary to the Commissioners for stating the Equivalent, attended."

He was called in; and delivered, at the Bar, Two Reports, and a Memorial, from the said Commissioners.

And withdrew.

The Titles of the said Reports and Memorial were read, as follows; (videlicet,)

1. "The Report from the Commissioners nominated and appointed by His Majesty's Letters Patent, under the Great Seal of Great Britain, pursuant to Two several Acts of this present Parliament; the one, 1^mo Georgii, intituled, "An Act for taking and stating the Debts due and growing due to Scotland, by Way of Equivalent, in the Terms of the Union; and for Relief of the Creditors of the Public in Scotland, and the Commissioners of the Equivalent;" the other, 3^o Georgii, intituled, "An Act to continue the Powers of the former."

2. "The Report of the Commissioners nominated and appointed by His Majesty's Letters Patents, under the Great Seal of Great Britain, pursuant to an Act of this present Parliament, intituled, "An Act to continue an Act for taking and stating the Debts due and growing due to Scotland, by Way of Equivalent, in the Terms of the Union; and for Relief of the Creditors of the Public in Scotland, and the Commissioners of the Equivalent."

"3. Memorial concerning the Manner of accompting for these Revenues of Customs and Excise in Scotland which took Place there with the Union, and upon which the Agreements in the Fifteenth Article of the Union were made; comprehending Mr. Baird's Reasons against stating the Equivalents due, and growing due, to Scotland, upon the Produce of the several Branches of these Revenues; and the Case of the Deficiency of the Customs stated."

Adjourn.

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