February 1720, 1-10

DIE Lunæ, 1^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Dutchess Hamilton versus Incledon;

After hearing Counsel, upon the Petition and Appeal of Elizabeth Dutchess of Hamilton; complaining of an Interlocutory Order of the Court of Exchequer, of the Fourth of November last, made on the Behalf of Robert Incledon; and praying, "That the same may be reversed; and that another Order of the said Court, of the Eight and Twentieth of October last, may be made absolute:" As also upon the Answer of the said Robert Incledon put in to the said Appeal; and due Consideration had of what was offered thereupon:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Order therein complained of be, and is hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent the Sum of Twenty Pounds, for his Costs in respect of the said Appeal.

Thanks to Bishop of Peterborough for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Peterborough, for the excellent Sermon by him preached before this House, on Saturday the Thirtieth of January last, in the Abbey Church at Westminster; and he is hereby desired to cause the same to be forthwith printed and published.

Commissioners forseited Estates versus Caffie.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Commissioners for the forseited Estates are Appellants, and Andrew Cassie is Respondent:"

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

Commissioners forfeited Estates versus Stirling et al.

The like Order for hearing the Cause wherein the said Commissioners are Appellants, and John Stirling, John Stuart, and Robert Lord Blantyre, are Respondents, on Wednesday the Seventeenth Day of this Instant February, at Eleven a Clock.

Commissioners forfeited Estates versus John Erskine.

The like Order for hearing the Cause wherein the said Commissioners are Appellants, and John Erskine of Balgownie is Respondent, on Friday the Nineteenth Day of this Instant February, at Eleven a Clock.

Commissioners forfeited Estates versus Alexander Gordon.

The like Order for hearing the Cause wherein the said Commissioners are Appellants, and Alexander Gordon is Respondent, on Monday the Two and Twentieth Day of this Instant February, at Eleven a Clock.

Gratwood Heath, enclosing, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for enclosing the Heath, or Common, commonly called Gratwood Heath, in the Parish of Eccleshall, in the County of Stafford."

Then it was proposed, "In the Second Press, 14th Line, to leave out the Names of George Gataker of Stafford in the same County Gentleman, and Thomas Hadderton of Wooton in the same County Yeoman; and, instead thereof, to insert the Names of Walter Noell of Hilcott in the said County Gentleman, and Henry Hatrell Senior of Newcastle under Line in the said County Gentleman."

And the same was agreed to.

And then,

The Question being put, "Whether the said Bill, with the Amendments, 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. Fellows and Mr. Meller:

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

Meere and Boreham, to be brought to the Bar.

A Petition of Hugh Mcere the Printer, and William Boreham the Publisher, of a News Paper, intituled, "The Daily Post," in Custody of the Gentleman Usher of the Black Rod, was presented to the House, and read; expressing their hearty Sorrow for their Offence, in falling under the Displeasure of this House, in beginning to print a Proceeding of the House of Lords in Ireland, in relation to Appeals; and praying, "That their Lordships will compassionate their Case, and order them to be discharged out of Custody."

And a Motion being made, and the Question being put, "That the Petitioners be brought to the Bar on Wednesday next, in order to their Discharge?"

It was Resolved in the Affirmative.

Sir John Chichester et al. Petition referred to Judges.

Upon reading the Petition of Sir John Chichester Baronet, Dame Anne his Wife, Dame Elizabeth his Mother, Arthur, Thomas, and Robert Chichester, his Brothers, John Courtenay, William Bragg, William Paige, and Claver Morris, Esquires, the Trustees, and Catherine Leigh Widow; praying Leave to bring in a Bill for Sale of some Part of the Estate of the Petitioner Sir John Chichester, included in his Marriage Settlement, for Payment of Debts; and making an Equivalent to the Remainder-men, by departing with his Power of making Leases of such other Part of the Petitioner's said Estate as shall exceed the Value of the Lands to be sold:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Price; 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.

Lady Semple versus Murray; et è contra.

The House being moved, "That a Day may be appointed, for hearing the Causes wherein Grissell Lady Semple is Appellant, and Alexander Murray of Broughton Esquire is Respondent; et è contra:"

It is Ordered, That this House will hear the said Causes, by Counsel, at the Bar, on Monday the Nine and Twentieth Day of this Instant February, at Eleven a Clock.

Backer's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Cornelius Backer."

Commissioners forfeited Estates versus Threpland.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Commissioners for the forfeited Estates are Appellants, and David Threpland is Respondent:"

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

Commissioners forfeited Estates versus Robert Gordon.

The like Order for hearing the Cause wherein the said Commissioners are Appellants, and Robert Gordon is Respondent, on Wednesday the Ninth Day of March next, at Eleven a Clock.

Commissioners forfeited Estates versus John Gordon.

The like Order for hearing the Cause wherein the said Commissioners are Appellants, and John Gordon is Respondent, on Friday the Eleventh Day of March next, at Eleven a Clock.

Commissioners forfeited Estate versus E. Kinnoul.

The like Order for hearing the Cause wherein the said Commissioners are Appellants, and the Earl of Kinnoul and Robert Hay Drummond are Respondents, on Monday the Fourteenth Day of March next, at Eleven a Clock.

Adjourn.

Petrus King Miles, Capitalis Justiciarius Commun. Placitor. declaravit præsens Parliamentum cominuandum esse usque ad et in diem Mercurii, tertium diem instantis Februarii, hora undecima Auror. Dominis sic decernentibus.

DIE Mercurii, 3^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Meere and Boreham discharged.

Hugh Meere and William Boreham, the Printer and Publisher of a News Paper, intituled, "The Daily Post," in Custody of the Gentleman Usher of the Black Rod, for printing and publishing the Reasons of the House of Lords in Ireland, against Appeals from thence to the House of Lords in Great Britain, in their humble Representation to His Britannick Majesty, were this Day (according to Order) brought to the Bar; and there, on their Knees, receiving a Reprimand from the Lord Chancellor for their said Offences, were discharged out of Custody, paying their Fees.

Talbot, &c. Petition against E. Shrewsbury's Bill.

Upon reading the Petition of the Right Honourable Richard Lord Viscount Fitz-William of the Kingdom of Ireland, Brother of Mary Talbot Wife of the Honourable George Talbot, George Pitt Esquire Uncle of the said Mary Talbot, and Executors of her late Father's Will, and Trustees for her during her Minority, and Trustees for her and her Children in her Marriage Settlement, and next Friends to, for and on the Behalf of, George Talbot (an Infant of very tender Years) Son and Heir Apparent of the said George Talbot, Husband of the said Mary, by the said Mary late Mary Fitz-William; praying to be heard, by their Counsel; against the Bill, intituled, "An Act for annexing the late Duke of Shrewsbury's Estate to the Earldom of Shrewsbury; and confirming Gilbert Earl of Shrewbury's Settlement, in order thereto; and for other Purposes therein mentioned:"

It is Ordered, That the Consideration of the said Petition be referred to the Lords Committees to whom the said Bill stands committed.

Brown et al. versus E. Morton.

After hearing Counsel, upon the Petition and Appeal of William Brown Merchant in Edinburgh, and Andrew Ross Master of the Woollen Manufactory at Musselburgh; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Nine and Twentieth of January and One and Twentieth of February; and also an Interlocutor of the Lord Ordinary of the Eight and Twentieth of the same February; and of another Interlocutor of the said Lords, of the Seventeenth of June 1718, made on the Behalf of Robert. Earl of Morton; and praying, "That the same may be reversed:" As also upon the Answer of the said Robert Earl of Morton put in to the said Appeal; and due Consideration had of what was offered thereupon:

Interlocutors affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the several Interlocutory Sentences, or Decrees, therein complained of, be, and are hereby affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the Respondent, the Sum of Sixty Pounds, for his Costs in respect of the said Appeal.

Campbell versus Pollock.

Upon reading the Petition and Appeal of John Campbell of Calder Esquire; complaining of several Interlocutors of the Lords of Session in Scotland, of the Seventh of December 1717, and the Affirmance thereof the Eighth of January following; also of the Interlocutors of the Eighth of February, the Seventeenth of July, and Twelfth of December, 1718; and also of another Interlocutor of the Nine and Twentieth of January last, whereby the said Lords affirmed their said former Interlocutor of the Seventeenth of July 1718, made on the Behalf of Ruth Pollock; and praying, "That the same may be reversed, and the Petitioner relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Ruth Pollock may have a Copy of the said Appeal; and shall and is hereby required to put in her Answer thereunto, in Writing, on or before Wednesday the Second Day of March next.

Cusack et Uz. versus Bulkly.

Upon reading the Petition and Appeal of Robert Cusack and Jane his Wife; complaining of Two Orders or Decrees of the High Court of Chancery in Ireland, of the Third of February 1718, and the Affirmance thereof the Five and Twentieth of the same February; and of another Order of the said Court of the Sixteenth of April last, in a certain Cause, wherein William Bulkly was Plaintiff, and the Petitioners Defendants; and praying, "That the same may be reversed; and the Petitioner Robert freed from his Imprisonment; and such further Relief in the Premises as to their Lordships shall seem meet:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Bulkly may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the Ninth Day of March next; and that Service of this Order on the Respondent's Clerk in the said Court be deemed good Service.

River Idle navigable, Bill.

Whereas Tuesday last was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for making the River Idle navigable, from East Redford, in the County of Nottingham, to Bawtry Wharse, in the County of York."

It is Ordered, That the House be put into a Committee thereupon, on Saturday next.

V. Castlomaia versus Edwards.

Whereas there is an Appeal depending in this House, wherein Sir Richard Child Baronet, Viscount Castlemain in the Kingdom of Ireland, and others, are Appellants, and John Edwards and his Wife are Respondents; and, though the Cause was appointed to be heard the last Session of Parliament, yet the same came not to a Hearing: And the House being this Day moved, "To appoint a Day for hearing thereof:"

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

Adjourn.

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

DIE Jovis, 4^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Stanhope versus Sir John Toppe.

Upon reading the Petition and Appeal of Frances Stanhope Widow, and Michael Stanhope Doctor in Divinity; complaining of a Decretal Order of the High Court of Chancery, of the Four and Twentieth of February 1718, in certain Causes, wherein Sir John Toppe was Plaintiff, and the Petitioners and others Defendants; and wherein the Petitioner Frances was Plaintiff, and the said Sir John Toppe and others were Defendants; and praying, "That the said Order and all Proceedings thereon may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir John Toppe may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the Eighteenth Day of this Instant February.

Stafford et al. Petition referred to Judges.

Upon reading the Petition of Hugh Stafford Esquire and Bridget his Wife, Kellond Courtenay, and Susanna Prideaux; praying Leave to bring in a Bill, to enable Kellond Courtenay Esquire and Susanna Prideaux, Infants under the Age of One and Twenty Years, by the Consent of Trustees, to grant Leases of their respective Parts of the Lands, late of John Kellond Esquire, Charles his Son, and John his Grandson, deceased:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Powis; 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.

De Putter to be added to Backer's Nat. Bill.

Upon reading the Petition of Henry De Putter; praying Leave to be added to the Bill depending in this House, intituled, "An Act for naturalizing Cornelius Backer:"

It is Ordered, That the said Petition do lie on the Table, till the said Bill be committed.

Arthur versus Arthur.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Daniel Arthur of London Merchant is Appellant, and John Arthur Esquire and his Wife and others are Respondents:"

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

De Putter takes the Oaths.

This Day Henry De Putter took the Oaths appointed, in order to his Naturalization.

Bath versus Conly.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Bath Gentleman is Appellant, and Robert and Ignatius Conly are Respondents:"

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

Ordered, That the Duke of Wharton be added to the Lords Committees to whom the Petition of Mr. Boswell stands referred.

Backer's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Cornelius Backer."

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

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

De Putter's Petition referred.

Ordered, That the Petition of Henry De Putter be referred to the Lords Committees beforenamed; and that their Lordships may admit the Petitioner accordingly, if they think fit.

Van Hemert's Nat. Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for natu ralizing Francis Van Hemert and John Van Hemert," was committed: "That the Committee had gone through the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Gampert's Nat. Bill.

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

Van Neck's Nat. Bill.

The Earl of Clarendon likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Gerard Van Neck," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Adjourn.

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

DIE Veneris, 5^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Trever et al. versus Trevo et al.

After hearing Counsel, upon the Petition and Appeal of John Trevor, Arthur Trevor, and Tudor Trevor, Esquires, and Prudentia Trevor Spinster, complaining of a Decree of the High Court of Chancery, of the Fifth of June last, in a Cause wherein Edward Trevor Esquire was Plaintiff, and the Petitioners, the Right Honourable Alan Lord Viscount Midleton of the Kingdom of Ireland, the Lady Anne his Wife, and Roger Salisbury, were Defendants; and praying, "That so much of the said Decree as relates to the Lands comprized in the Marriage Articles of the Petitioner's Father may be reversed:" As also upon the several Answers of the said Edward Trevor, Alan Viscount Midleton, and the Lady Anne his Wife, put in to the said Appeal; and due Consideration had of what was offered thereupon:

The Question was put, "Whether the said Decree shall be reversed?"

It was Resolved in the Negative.

Decree affirmed.

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

Dependency of Ireland, for securing, Bill.

The Judges, in Pursuance of the Order of this House, of the Eight and Twentieth of January last, delivered in a Bill, prepared by them, intituled, "An Act for the better securing the Dependency of the Kingdom of Ireland upon the Crown of Great Britain."

Adjourn.

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

DIE Sabbati, 6^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

River Idle navigable, Bill.

Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for making the River Idle navigable, from East Redford, in the County of Nottingham, to Bawtry Wharse, in the County of York:"

And the House being moved, "In regard Bills of this Nature have heretofore been usually referred to Select Committees, That a Select Committee may accordingly be appointed, to consider thereof:"

It is thereupon Ordered, That the Committee of the whole House be discharged from proceeding on the said Bill:

And that the Consideration thereof be, and is hereby, committed to the Lords following; (videlicet,)

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

Report from Commissioners forfeited Estates in Scotland delivered.

The House being informed, "That Mr. Wolfe attended, from the Commissioners and Trustees for the forfeited Estates who acted in Scotland:"

He was called in.

And delivered, at the Bar, "A further Report, humbly offered by the Commissioners and Trustees who acted in Scotland, appointed by Two several Acts of Parliament; the One, made in the First Year of His Majesty's Reign, intituled, "An Act for appointing Commissioners, to inquire of the Estates of certain Traitors and of Popish Recusants, and of Estates given to Superstitious Uses, in order to raise Money out of them, severally, for the Use of the Public;" and the other, made in the Fourth Year of His Majesty's Reign, intituled, "An Act for vesting the forfeited Estates in Great Britain and Ireland in Trustees, to be sold, for the Use of the Public; and for giving Relief to lawful Creditors, by determining the Claims; and for the more effectual bringing into the respective Exchequers the Rents and Profits of the said Estates till sold."

Then he withdrew.

And the Title of the said Report was read.

Ordered, That the said Report be forthwith printed and published.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act to enable John Rosier Esquire and his Issue to change their Surnames from Rosier to Reynolds;" to which they desire the Concurrence of this House.

Commissioners forfeited Estates versus Sir R. Grierson.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Commissioners for the forfeited Estates are Appellants, and Sir Robert Grierson is Respondent:"

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

Commissioners forfeited Estates versus J. Stewart.

The like Order for hearing the Cause wherein the said Commissioners are Appellants, and John Stewart of Grantully, as Superior of the Lands of Borlick and others forfeited by John Stewart of Kynachan, is Respondent, on Friday the Five and Twentieth Day of March next, at Eleven a Clock.

Commissioners forfeited Estates versus Preston.

The like Order for hearing the Cause wherein the said Commissioners are Appellants, and John Preston is Respondent, on Monday the Eight and Twentieth Day of March next, at Eleven a Clock.

Butler versus Burke et Ux. et è contra.

After hearing Counsel, upon the Petition and Appeal of William Butler, complaining of an Order and Decree of the Court of Chancery in Ireland, of the Eighth of February 1716, made on the Behalf of John Burke and Frances his Wife; and praying, "That the same may be reversed:" As also upon the Answer of John Burke and Frances his Wife put in to the said Appeal; and likewise upon the Cross Appeal of the said John Burke and Frances his Wife, and the Answer of the said William Butler put in thereunto; and due Consideration had of what was offered on either Side in the said Causes:

Decree affirmed, with an Addition and Variation.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of the said William Butler be, and is hereby, dismissed this House; and that the Order and Decree therein complained of be, and is hereby, affirmed; with this Addition, That the Appellant William Butler produce, upon Oath, before the Master to whom the Accompt stands referred, all Books, Papers, and Accompts, in any Wife concerning the said Accompt, or any the Matters in Question; and be examined upon Interrogatories, as the said Master shall see Cause; and with this Variation, That the said Appellant William Butler, in respect of the Counter-security made to his Father, shall not have the Preference of Damer's Mortgage.

Commissioners forfeited Estates versus E. of Home.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Commissioners of the forfeited Estates are Appellants, and the Earl of Home and Anne Countess Dowager of Home are Respondents:"

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

Adjourn.

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

DIE Lunæ, 8^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Morison versus Nisbet et al.

The House was informed, "That the Respondents to the Appeal of William Morison of Preston Grange Esquire had not put in their Answers to the said Appeal, though, by Order of this House of the Nine and Twentieth of January last, they were required peremptorily so to do by Friday last."

And the House being moved, "To appoint a Day for hearing the said Appeal:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Sixteenth Day of this Instant February, at Eleven a Clock, ex Parte; before which Time the Respondents may answer, if they think fit; which if they neglect or refuse to do, the same shall not put off the Hearing of the said Cause.

Dependency of Ireland, for securing, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better securing the Dependency of the Kingdom of Ireland upon the Crown of Great Britain."

Commissioners forfeited Estates versus Mackenzies.

Ordered, That the Lords be summoned, to attend the Service of the House on Wednesday next, upon hearing the Cause wherein the Commissioners for the forfeited Estates are Appellants, and Kenneth and Alexander Mackenzies are Respondents.

Sir R. Gordon versus Brodie:

After hearing Counsel, upon the Petition and Appeal of Sir Robert Gordon of Gordonstoun Baronet, complaining of Two Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Four and Twentieth and Nine and Twentieth Days of July 1718, made on the Behalf of James Brodie of Brodie Esquire; and praying, "That the same may be reversed:" As also upon the Answer of the said James Brodie put in to the said Appeal; and due Consideration had of what was offered in this Cause:

Interlocutors affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Interlocutory Sentences, or Decrees, complained of in the said Appeal, be, and are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent, the Sum of Thirty Pounds, for his Costs in respect of the said Appeal.

Commissioners forfeited Estates versus Maxwell.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Commissioners for the forfeited Estates are Appellants, and William Maxwell is Respondent:"

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

Commissioners forfeited Estates versus J. Drummond et al.

The like Order for hearing the Cause wherein the said Commissioners are Appellants, and James Drummond, William Viscount of Strathallan, John, Thomas, and William Drummond, James Drummond of Blair Drummond, John Drummond of Meginch, and David Drummond, are Respondents, on Monday the Fourth Day of April next, at Eleven a Clock.

Commissioners forfeited Estates versus Ogilvies.

The like Order for hearing the Cause wherein the said Commissioners are Appellants, and George and John Ogilvies are Respondents, on Wednesday the Sixth Day of April next, at Eleven a Clock.

Lynham to enter into Recognizance for Cusack.

Upon reading the Petition of Robert Cusack and Jane his Wife, Appellants in a Cause depending in this House, wherein William Bulkley is Respondent; praying, "In regard the Petitioner Robert is imprisoned for Nonperformance of One of the Orders complained of, That Patrick Lynham, of the Parish of St. Clement's Danes, Vintner, may be permitted to enter into Recognizance for the Petitioners on their said Appeal:"

It is Ordered, That the said Patrick Lynham may enter into Recognizance for the said Appellants, according to the Prayer of the said Petition.

E. Shrewsbury's Bill.

Ordered, That the Lords Committees to whom the Earl of Shrewsbury's Bill stands referred have Power to send for Persons, Papers, and Records; and all the Lords that come to that Committee to have Voices.

Mrs. Lyon's Report to be received.

The Earl of Clarendon acquainted the House, "That the Committee to whom the Petition of Mrs. Catherine Lyon was referred have agreed upon a Report; which he was directed to make, when their Lordships will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Adjourn.

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

DIE Martis, 9^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Rosier to change his Name to Reynolds, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable John Rosier Esquire and his Issue to change their Surnames from Rosier to Reynolds."

Van Neck's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing of Gerard Van Neck."

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

It was Resolved in the Affirmative.

Gampert's Nat. Bill:

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

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

It was Resolved in the Affirmative.

Van Hemert's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Francis Van Hemert and John Van Hemert."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills.

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

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

Sandford's Bill.

The Lord North and Grey reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Trustees to sell some Part of the Estate of John Sanford Esquire, deceased, for Payment of his Debts and Legacies, and for other Purposes therein mentioned," 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.

Pembroke's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estate of William Pembroke, late of PortsmouthDock, deceased, situate at North Mims, in the County of Hertford, for the Purposes therein mentioned," 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 said Bill, with the Amendments, be engrossed.

River Idle navigable, Bill.

The Earl of Clarendon also reported from the Lords Committees to whom the Bill, intituled, "An Act for making the River Idle navigable, from East Redford, in the County of Nottingham, to Bawtry-Wharfe, in the County of York," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Mrs. Lyon's Report concerning Costs being taxed in Scotland.

The Earl of Clarendon (according to Order) reported from the Lords Committees appointed to consider of the Petition of Catherine Lyon, the Widow of John Lyon of Muresk Esquire deceased, complaining, "That the Lords of Session in Scotland have not caused her Costs and Expences to be taxed and paid her, pursuant to former Orders of this House, after hearing her Appeal, to which the Earl of Aboyn was Respondent: That the Committee have accordingly considered the said Petition; and heard Counsel thereupon, as well on Behalf of the said Earl of Aboyn, as for the Petitioner; and think proper to acquaint your Lordships with the Matter, as it appeared before them, as follows:

That, on the Two and Twentieth of August 1715, on hearing the Petitioner's Appeal, this House did reverse certain Interlocutors of the Lords of Session; whereby they refused her the Costs and Expences of divers long and chargeable Suits and Processes against the said Earl; and ordered, That the said Lords should cause the same to be taxed and ascertained, and then forthwith paid to the Petitioner. Which Order she having exhibited to the said Lords, for them to cause her Costs to be taxed and paid pursuant thereto, and given in a Bill of them for that Purpose, amounting to Five Hundred Thirty-eight Pounds; the said Lords, without causing any of the Articles of the Petitioner's Bill to be taxed, did ordain the said Earl to pay her One Hundred Pounds only, in the Name of Costs, in all the said Suits and Processes. Whereupon, the Petitioner complaining to this House of the said Determination of the said Lords, in order for your Lordships effectually to enforce your former Order and Judgement, you were pleased to come to a Resolution, "That the said Lords of Session had not taxed and ascertained the Petitioner's Costs and Expences agreeably to your Lordships said Order and Judgement;" and directed, that they should tax and ascertain the said Costs and Expences, by considering the Particulars thereof Article by Article. Which Order being likewise by the Petitioner soon after exhibited to the said Lords, and therewith a Bill amounting to Seven Hundred Eighty-five Pounds; the said Lords did not only reject the whole Charges she had been at before them, on their ordering her the said One Hundred Pounds, in the Name of Costs, which amounted to about £. 23. 15s. Sterling; but also the Charges she had been at on her Complaint to this House thereupon; which amounted to Fifty Pounds; and gave for Reason, "That such Costs fell more properly to be taxed by your Lordships:" And, in taxing the Petitioner's said Bill, the said Lords disallowed all the Articles therein charged for Counsel's Fees in drawing Answers to the said Earl's reclaiming Bills or Petitions, amounting to upwards of One Hundred Pounds Sterling; though she was obliged, by the Interlocutors of the said Lords of Session, to give in all the said Answers to such reclaiming Bills or Petitions, and to have the same drawn and signed by Counsel; or, in Default thereof, she must have lost the whole Effect of her Suit. And the Committee, upon this Occasion, think proper to take Notice, that the said Lords did, notwithstanding, allow the Petitioner her Charges for printing the said Answers, and the Fees paid to the Clerk on putting in the same. The Committee further acquaint Your Lordships, That the Lords of Session likewise refused to allow the Petitioner what she was from Time to Time obliged to pay for enrolling her Cause before the Lord Ordinary, Money to Clerks Servants, Extracters Servants, and to her Agent or Solicitor, and several other Expences. But the Counsel for the said Earl insisting that such Particulars of Costs are not usually allowed by the Lords of Session, the Committee think proper further to acquaint your Lordships, that there was produced before them, on the Part of the Petitioner, a Declaration, or Certificate, under the Hands of several Advocates, ancient Practisers before the Lords of Session, testifying, "That the Dues claimed in the Accompt of Expences given in by her in the taxing of her Costs, as paid to the Lords of Session's principal Servants, to Advocates Second Servants, to Clerks and Extracters Servants, and to Agents for their agenting Processes and Pleas of Law, were, many Years before the Petitioner's Process, in Use to be paid by all Persons whatsoever, whether Pursuers or Defenders, before the said Lords; insomuch that no Person now can, nor could for many Years past, prosecute or defend any Suit at Law, without paying the said Dues to the abovementioned Persons: And that the Lawyers in that Part of Great Britain do receive their Consultationmoney for drawing Answers to Petitions, ordained to be answered by the said Lords, which are the same with the abovementioned Reclaiming Bills, as well as for drawing the said Petitions; and generally for all Papers, signed by Lawyers, presented to the said Lords.

The Committee think fit also to acquaint your Lordships, That they observed a Distinction made by the Lords of Session, that the former Order of this House directed only their taxing such Costs and Expences as preceded the Petitioner's said Appeal; though your Committee, upon their Inquiry, observed the said Lords have allowed her several Items of Costs since the Determination of this House on hearing the same, particularly upon the Petitioner's Application to the said Lords, pursuant to your Lordships last Order, directing them to tax her Costs Article by Article.

"The Committee, before they conclude, likewise think it proper to inform your Lordships, That though the Petitioner's Bill of Costs before mentioned, given in to the Lords of Session, amounted to Seven Hundred Eighty-five Pounds; yet the said Lords, by disallowing or reducing divers Articles therein contained, have taxed the same at a Sum under Three Hundred Pounds, which is in no Sort a Compensation to the Petitioner for her Costs; in regard it was alledged, that though she was allowed her whole Bill, yet the same would fall much short of the real Costs which the aforementioned Suits and Processes have necessarily occasioned her.

"And the Committee conceiving this to be a Matter wherein the Honour and Judicature of this House is very nearly concerned, they declined coming to any Opinion; but humbly leave the same to your Lordships Consideration."

Which being read by the Clerk entire:

It is Ordered, That the said Report be taken into further Consideration on this Day Sevennight; and the Lords to be summoned.

Dependency of Ireland, for securing, Bill.

Ordered, That the Bill, intituled, "An Act for the better securing the Dependency of the Kingdom of Ireland upon the Crown of Great Britain," be read a Second Time on Thursday next; and the Lords to be summoned.

L. Wenman versus Sir W. Osbaldiston et Ux.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Richard Lord Wenman is Appellant; and Sir William Osbaldiston Baronet and Dame Catherine his Wife are Respondents:"

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

Commissioners forfeited Estates versus Sir J. Mackenzie.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Commissioners of the forfeited Estates are Appellants, and Sir James Mackenzie is Respondent:"

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

Commissioners forfeited Estates versus E. Marchmont.

The like Order for hearing the Cause wherein the said Commissioners are Appellants, and Patrick Earl of Marchmont is Respondent, on Monday the Eleventh Day of April next, at Eleven a Clock.

Commissioners forfeited Estates versus Balfour et al.

The like Order for hearing the Cause wherein the said Commissioners are Appellants, and Arthur Balfour and the Creditors of the deceased Robert Lord Burleigh are Respondents, on Wednesday the Thirteenth Day of April next, at Eleven a Clock.

Commissioners forfeited Estates versus Scrimseour.

The like Order for hearing the Cause wherein the said Commissioners are Appellants, and Henry Scrimseour is Respondent, on Friday the Fifteenth Day of April next, at Eleven a Clock.

Adjourn.

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

DIE Mercurii, 10^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for repairing the Roads from Stevenidge, in the County of Hertford, to Biggleswade, in the County of Bedford;" to which they desire the Concurrence of this House.

Commissioners forfeited Estates versus Mackenzies:

After hearing Counsel, upon the Petition and Appeal of Richard Grantham Esquire, Arthur Ingram Esquire, George Gregory Esquire, Sir Richard Steele Knight, Sir Henry Hoghton Baronet, Patrick Haldane Esquire, Sir Thomas Hales Baronet, Robert Munro Esquire, Henry Cuningham Esquire, Dennis Bond Esquire, John Birch Serjeant at Law, Sir John Eyles Baronet, and Charles Long Esquire, Commissioners and Trustees nominated and appointed in and by Three several Acts of Parliament; One, made in the First Year of his present Majesty's Reign, intituled, "An Act for appointing Commissioners, to inquire of the Estates of certain Traitors and of Popish Recusants, and of Estates given to Superstitious Uses, in order to raise Money out of them, severally, for the Use of the Public;" another, made in the Fourth Year of His said Majesty's Reign, intituled, "An Act for vesting the forfeited Estates in Great Britain and Ireland in Trustees, to be sold, for the Use of the Public; and for giving Relief to lawful Creditors, by determining the Claims; and for the more effectual bringing into the respective Exchequers the Rents and Profits of the said Estates, till sold;" and another Act, made in the Fifth Year of His said Majesty's Reign, intituled, "An Act for appointing a Commissioner and Trustee, to put in Execution the Powers and Authorities of the several Acts of Parliament relating to the forfeited Estates, and Estates given to Superstitious Uses, in the Room of George Treby Esquire, who has desired to be discharged from the said Trusts; complaining of Part of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the Fifteenth of August last; and of the whole Interlocutory Sentence of the said Lords, the Eighteenth of the same Month, made on the Behalf of Kenneth Mackenzie of Assint; and Colonel Alexander Mackenzie of Conasbie his Curator, and praying to be relieved in the Premises, as to Law, Justice, and Equity appertains:" As also upon the Answers of the said Kenneth Mackenzie, an Insant, by the said Colonel Alexander Mackenzie his Guardian, put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in the said Cause:

The Question was put, "Whether the said Decrees shall be reversed?"

It was Resolved in the Affirmative.

Interlocuto reversed.

Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the Decree, or Interlocutory Sentence, of the Lords of Session, of the said Fifteenth of August, whereby they found the Respondent the Exceptant's Service, as Protestant Heir to Isabel late Countess of Seaforth, a sufficient Title to found his Exception on; and that the Exceptant might reply, on his Right of Apparency, as Protestant Heir of the Family of Seaforth, though it were not expressly set forth in his Exception: And also the whole Interlocutory Sentence of the said Lords of Session, of the said Eighteenth of August, whereby they found it relevant and proven, "That William late Earl of Seaforth was not seised or possessed of, or interested in or entitled unto, the Estate of Seaforth, in his own Right, or to his own Use, or any other Person in Trust for him, on the Four and Twentieth of June 1715, or at any Time since; and that the Public, by his Attainder, had no Right nor Interest in the said Estate of Seaforth," be, and the same are hereby, reversed: And it is further Ordered, That the Respondents be removed from all Possession of the Estates in Question which they may have obtained, and from the Receipt of the Rents and Profits thereof; and that the said Commissioners and Trustees for the forfeited Estates take Possession, and receive the Rents and Profits thereof, and proceed to execute the Powers and Authorities in them vested, with respect thereto, any Right, Title, or Claim of the Respondents, or either of them, notwithstanding.

Adjourn.

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