House of Lords Journal Volume 21: March 1720, 1-10

March 1720, 1-10

DIE Martis, 1^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for continuing the Acts formerly made; for repairing the Highways in the County of Hertford, therein mentioned; and for making the said Acts more effectual;" to which they desire their Lordships Concurrence.

D. of Kingston & al. Pet. referred to Judges:

Upon reading the Petition of the most Noble Evelyn Duke of Kingston upon Hull, the Right Honourable Henry Howard Esquire commonly called Lord Viscount Morpeth, the Right Honourable Frances Lady Viscountess Morpeth his Wife, the Right Honourable Edward Harley Esquire commonly called Lord Harley, and the Right Honourable the Lady Henrietta Cavendish Holles Harley his Wife, and only Daughter and Heir of the most Noble John late Duke of Newcastle, deceased; praying Leave to bring in a Bill, for settling and assuring the Manors of Orton and Bottlebridge, and other the Premises, in the County of Huntington, to the several Uses mentioned in the Will of the late Dutchess of Newcastle; and also for settling and assuring the Manor of Basingthorpe cum Westby, and other Premises, in the County of Lincoln, in Lieu of the said Manor and Premises in the said County of Huntington, to and for such Estates and Uses as are mentioned in the said Petition:

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 Tracy; 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.

E. of Chesterfield versus River Darwent Bill:

A Petition of Phillip Earl of Chesterfield, was presented to the House, and read; praying to be heard, by his Counsel, against the Bill, intituled, "An Act for making the River Darwent, in the County of Derby, navigable," at such Time as their Lordships shall please to direct, before the passing thereof.

It is Ordered, That the Petitioner may be heard, by his Counsel, on Thursday next, at the Second Reading of the said Bill.

Aldermen, &c. of Hull versus River Darwent Bill.

A Petition of the Aldermen, Common-council, Gentlemen, Merchants, Masters of Ships, and other Inhabitants, of the Town and County of Kingston upon Hull, was presented to the House, and read; praying, "That the Bill, intituled, "An Act for making the River Darwent, in the County of Derby, navigable," may not pass:"

It is Ordered, That the said Petition do lie on the Table.

Inhabitants of Crofton, &c. for the River Douglas Bill:

A Petition of the Gentlemen, Land-owners, and other Inhabitants, of the Market-town of Crofton, Newborough, Parbold, Dalton, Wrightington, and Standish, in the County Palatine of Lancaster:

Owners of Lands & al. in Bretherton, &c. for the River Douglas Bill.

Also, a Petition of the Owners of Land and Inhabitants of Bretherton, Great Hool, and Little Hool, in the County of Lancaster, and of Tarlton, in the said County:

Were severally presented to the House, and read; praying, "That the Bill, intituled, "An Act for making the River Douglas, alias Asland, navigable, from the River Ribblc, to Wigan, in the County Palatine of Lancaster, may pass:"

And severally ordered to lie on the Table.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act passed in the last Session of Parliament, intituled, An Act for making more effectual the several Acts passed for repairing and amending the Highways of this Kingdom; and for preventing the Carriage of excessive Loads of Meal, Malt, Bricks, and Coals, within Ten Miles of the Cities of London and Westminster;" to which they desire their Lordships Concurrence.

Mrs. Lyon, Repor concerning Costs.

The House (according to Order) proceeded to take into further Consideration the Report from the Lords Committees to whom was referred back a former Report made by their Lordships, for them to consider what further Sums should be allowed Catherine Lyon, the Widow of John Lyon of Muresk Esquire, deceased, upon her Petition; 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, made after hearing her Appeal, to which the Earl of Aboyn was Respondent."

The said Report being again read by the Clerk, and agreed to; the following Order was made:

"It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Earl of Aboyn, his Tutors and Curators, do forthwith make Payment to the said Catherine Lyon, of the Sum of Six Hundred and Eleven Pounds, Four Shillings, and Four Pence Halfpenny, for her Costs and Expences in the several Suits and Processes mentioned or referred to in her said Appeal, and in respect of further Costs since incurred, upon her several Applications for obtaining Relief upon the Matters complained of in her said Petition."

Commissioners forfeited Estates versus Kenneth and Alexander Mackenzie:

Counsel were this Day called in, to be heard, upon the Petition and Appeal of the Commissioners and Trustees of the forfeited Estates; complaining of Seven several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, pronounced the Third Day of September and Twenty-eighth and Twenty-ninth Days of October last, on the Behalf of Kenneth Mackenzie of Assint, and Colonel Alexander Mackenzie of Conasbie his Curator; as also upon the Answer of the said Kenneth and Alexander Mackenzie put in thereunto.

And the Counsel for the Appellants proceeding; they prayed, "That the several Interlocutory Sentences, or Decrees, abovementioned, might be reversed."

Whereupon the Counsel for the Respondents insisted, "There were but Six Interlocutory Sentences, or Decrees, made in these Causes; by reason One of the Exceptions put in by the Respondents, which set forth, "That the Fourscore Merk Land of Trotterness belonged to the late Sir Donald Macdonald attainted," was judicially withdrawn before any Judgement was pronounced in respect thereof."

And, to prove the same, produced an Affidavit made by the said Colonel Alexander Mackenzie, "That he did pass from and withdraw his said Exception before any Interlocutor, or Decree, was made thereupon."

Which Affidavit being read, and the Counsel being withdrawn; and due Consideration had of what was offered in this Case:

Interlocutors reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Appeal, as to that Exception, be, and the same is hereby, dismissed this House, there being in Reality no Decree pronounced thereupon: And it is further Ordered and Adjudged, That the several other Interlocutory Sentences, or Decrees, complained of in the said Appeal, whereby the Lords of Session found, "That the Exceptant hath Right to the Property of the Lands of Kainlochue and Reogy, which belonged to the late Sir John Mackenzie; also to the Quarterlands of Arkon, which belonged to Rory Mackenzie late of Fairburne; also to the Lands and Estate of Davachmaluack, Wester Fairburne, Achnasheen, Leatgown, and Attadale, with their Pertinents, which belonged to Alexander Mackenzie late of Davachmaluach; also to the Lands and Estate of Applecrossc, and the Lands of Richindowne and Hiltoun of Tarradale, which belonged to the said Alex'r Mackenzie; also to the Lands of Avoch, which belonged to John Mackenzie late of Avoch; and also to the Lands of Achnashellack and Strathgarve, which belonged to John late Earl of Mar," 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 of the forfeited Estates take Possession, and receive the Rents and Profits thereof, and proceed to execute the Powers and Authorities in them vested with respect thereto, any Right, Title, or Claim, of the Respondents notwithstanding.

River Douglas navigable, ill.

The Order of the Day being read, for reading the Bill, intituled, "An Act for making the River Douglas, alias Asland, navigable, from the River Ribble to Wigan, in the County Palatine of Lancaster," a Second Time; and for hearing Counsel against and for the same, at the Second Reading thereof:

Counsel were called in, to be heard.

And the Bill was accordingly read a Second Time.

Ordered, That this House will hear Counsel, as well against as for the said Bill, on this Day Sevennight.

Freholders of Scrooby and her Towns, against River arwent Bill.

A Petition of the Freeholders and other Inhabitants of the Towns of Scrooby, Everton, Stastworth, Mattersay, Ranskall, Torworth, Sutton, and Lownd, in the County of Nottingham, was presented to the House, and read; praying, "That the Bill, intituled, "An Act for making the River Darwent, in the County of Derby, navigable," may not pass:"

It is Ordered, That the said Petition do lie on the Table.

Two Counsel on a Side to be heard for and against river Darwent Bill.

Ordered, That Counsel may be heard, as well against as for the Bill, intituled, "An Act for making the River Darwent, in the County of Derby, navigable," at the Second Reading thereof, provided the Number of Counsel do not exceed Two on a Side.

auses put off.

Whereas To-morrow was appointed, for hearing the Cause wherein Grissel 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 Cause, by Counsel, at the Bar, on Friday next, at Eleven a Clock; and that the Cause wherein Robert Cusack and his Wife are Appellants, and William Buckley is Respondent, which was appointed for Thursday next, be put off to the Saturday following; and that the other Causes be removed One Cause-day in Course.

Adjourn.

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

DIE Jovis, 3^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Inhabitants of Gainsborough for River Darwent Bill:

A Petition of the Gentlemen, Merchants, Tradesmen, Freeholders, and Inhabitants, of the Town of Gainsborough, in the County of Lincoln, was presented to the House, and read; praying, "That the Bill, intituled, "An Act for making the River Darwent, in the County of Derby, navigable," may pass:"

It is Ordered, That the said Petition do lie on the Table.

Captains of Ships & al. of West Stockwith; &c. against River Darwent Bill:

A Petition of the Captains of Ships, Masters, Mates, and Owners of Ships and Keels, Ropemakers, Sailmakers, Mariners, and other Inhabitants, of West Stock with and Misterton, in the County of Nottingham, and of East Stockwith, Kynnall Ferry, and Butterwick, in the County of Lincoln, was presented to the House, and read; praying to be heard, by their Counsel, against the Bill, intituled, "An Act for making the River Darwent, in the County of Derby, navigable:"

Ordered, That the Petitioners may be heard, by their Counsel, at the Second Reading of the said Bill, as desired.

Gentlemen & al. of Chesterfield, against River Darwent Bill.

A Petition of the Gentlemen, Lead-merchants, Tradesmen, Freeholders, and others, living in and nigh the ancient Corporation of Chesterfield, in the County of Derby:

Inhabitants of Tickhill and other Towns, against River Darwent Bill:

Also, a Petition of the Gentlemen, Freeholders, and other Inhabitants, of the Town of Tickhill, Stainton, Firbeck, and Letwell, in the County of York; and of Allcoats, Harworth, and Sturrop, in the County of Nottingham, and adjacent Parts:

Were severally presented to the House, and read; praying, "That the Bill, intituled, "An Act for making the River Darwent, in the County of Derby, navigable," may not pass:"

And severally ordered to lie on the Table.

Lead-merchants and Cheesemongers of London, for River Darwent Bill:

A Petition of the Lead-merchants and Cheesemongers of the City of London, on Behalf of themselves and others, Traders and Dealers in the said City, was presented to the House, and read; praying, "That the Bill now depending in this House, intituled, "An Act for making the River Darwent, in the County of Derby, navigable," may pass; and, if Occasion require, that the Petitioners may be heard, by themselves or Counsel, in Behalf of the said Bill."

It is Ordered, That the Petitioners may be heard, by their Counsel, at the Second Reading of the said Bill, as desired.

River Darwent Bill.

Whereas this Day was appointed, for the Second Reading of the Bill, intituled, "An Act for making the River Darwent, in the County of Derby, navigable:"

It is Ordered, That the said Bill be read a Second Time on Saturday next; and that Counsel against and for the Bill may be then heard, at the Second Reading thereof, under the former Restriction, "That no more than Two Counsel of a Side be heard either against or for the same; and that this House will on that Day proceed peremptorily to such Hearing."

Messages from H. C. with a Bill; and to return Sir W. Keyt's Bill.

A Message from the House of Commons, by Sir John Phillips and others:

With a Bill, intituled, "An Act for naturalizing John Henry Grutzmann;" to which they desire their Lordships Concurrence.

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

To return the Bill, intituled, "An Act for discharging certain Estates, in the Counties of Lincoln and Warwick, of and from the Uses and Limitations contained in the Marriage Settlement of Sir William Keyt Baronet; and settling other Lands, in the County of Gloucester, of greater Value, to the same Uses;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Cusack & Ux. versus Buckley.

Whereas Saturday next was appointed, for hearing the Cause wherein Robert Cusack and his Wife are Appellants, and William Buckley is Respondent:

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

Sir E. Hales & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Sir Edward Hales Baronet, Jacob Wittewrong Esquire and Anne his Wife, and others, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

Hertford Highways, Acts for repairing continued, Bill.

Hodic 1^a vice lecta est Billa, intituled, "An Act for continuing the Acts formerly made, for repairing the Highways in the County of Hertford therein mentioned; and for making the said Acts more effectual."

River Douglas navigable, Bill.

Whereas Tuesday next was appointed, for hearing Counsel against and for the Bill, intituled, "An Act for making the River Douglas, alias Asland, navigable, from the River Ribble, to Wigan, in the County Palatine of Lancaster:"

It is Ordered, That this House will hear Counsel against and for the said Bill on Thursday next.

Montrose, Duty on Beer, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for laying a Duty of Two Pennies Scotts, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer that shall be vended or sold, within the Town of Montrose and Privileges thereof, for supplying the said Town with fresh Water, and for other Purposes therein mentioned," was committed: "That the Committee had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Hopser's Nat. Bill.

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

Whitby's Bill.

The Earl of Clarendon also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Lessees and Farmers of Daniel Whitby Doctor in Divinity, and Prebendary of Teington Regis, in the Cathedral Church of The Blessed Lady Mary the Virgin, of Sarum, and of all succeeding Prebendaries of the said Prebend for the Time being, to make Leases of the Copyhold Lands of the several Manors of Preston, alias Prestown, and Church Land, alias The Parsons Land, in the County of Devon," was committed: "That they had considered the said Bill; and found the Allegations thereof to be true; and that the Parties concerned had given their Consenrs, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Judges Reports upon Commissioners Appeals, delivered.

The Judges, pursuant to an Order of this House of the Seventeenth of February last, delivered in Two Reports, prepared by them, upon looking into the Appeals of the Commissioners and Trustees for the forfeited Estates depending in this House, and into the Exceptions, Answers, and Decrees, in those Causes.

Which were read, as follow; (videlicet,)

"In Obedience to an Order of this most Honourable House, of the Seventeenth Day of February last, whereby it was referred to us, to look into the Appeals of the Commissioners and Trustees for the forfeited Estates now depending before this most Honourable House; and into the Exceptions, Answers, and Decrees, in those Causes; and to report the State of such of them wherein we conceive the Lords of Session had no Jurisdiction: We have looked into the several following Appeals of the Commissioners and Trustees for the forfeited Estates now depending before this House; and into the Exceptions, Answers, and Decrees, in those Causes; And the State of them, as to the Jurisdiction of the Lords of Session, appear to us to be as follows:

Commissioners &c. versus David Threpland.

"We conceive, that the Lords of Session had no Jurisdiction; it appearing by the Decree, that Sir David Threpland, the attainted Person, had an Estate for Life.

Commissioners &c. versus Robert Gordon.

We find that James Dalziell, the attainted Person, in June 1714 made a Deed, purporting a Disposition to Robert Gordon the Exceptant, with a Warrant of Attorney for Surrender therein contained: That such Surrender was never made, nor Livery of Seisin taken: The Consequence whereof is, as we apprehend, that the legal Property remained in James Dalziell, the attainted Person; and that whatever Right the said Robert had, if any, it was only a Trust, which was a Right that he might have claimed before the Commissioners by virtue of 1^o Georgii; and, by Consequence, in our Opinion, the Lords of Session had no Jurisdiction in this Case.

Commissioners &c. versus John Gordon.

We are of Opinion, That the Lords of Session had no Jurisdiction in this Case; it appearing that the forfeiting Person was in Possession in his own Right.

Commissioners &c. versus E. of Kinnoul & al.

It appears to us, for the same Reason, that the Lords of Session had no Jurisdiction in this Case.

Commissioners &c. versus Grtersin of Lagg.

"It appears to us, that the Exceptant claims by Two Rights; the One, a Right expectant upon an Estate Tail in the Person attainted, to arise upon the Breach of a Condition, whereof we conceive the Lords of Session had no Jurisdiction; the other Claim is a Superior, whereof we conceive the Lords of Session had Jurisdiction.

Commissioners &c. versus Stewart of Grantully.

"We conceive the Lords of Session had Jurisdiction herein, the Claim of the Exceptant being as Superior.

Commissioners &c. versus John Preston.

"The Case is, That Sir John Preston, the attainted Person, in 1708, made a Disposition in Favour of the Exceptant, then an Infant; no Surrender or Livery of Seisin was made thereon, and the Possession still continued in the attainted Person; so that, as we conceive, the legal Property still remained in him; and, by Consequence, the Lords of Session had no Jurisdiction.

Commissioners, &c. versus E. of Home & al.

It appears to us, that the attainted Person was infeft and possessed; and that the Exceptant's Claim was by an Adjudication, which was proper before the Commissioners, and therefore not within the Jurisdiction of the Lords of Session.

Commissioners, &c. versus William Maxwell.

It appears to us, that the late Earl of Nithsdale, the attainted Person, had an Estate for Life; and therefore, the Exceptant's Claim being of the Fee after the said Earl's Death, the Lords of Session had no Jurisdiction.

Commissioners, &c. versus James Drummond & al.

The Question in this Case ariseth upon Two Deeds; the One, dated at Drummond Castle, the 28th August 1713; the other, at Drummond Castle, the 11th of February 1713/14, and at Paris the 23d April 1714, N. S. By the First Deed, James late Lord Drummond, the attainted Person, had an Estate for Life in the Lands in Question; and, by Consequence, the Exceptant on that Deed only had no Right to put in his Exception before the Lords of Session; but it is insisted on by the Exceptant, that, by the Second Deed, the said late Lord Drummond had departed with his Estate for Life; as to which it appears to us, that as to the Houses and Yards of Drummond and Stobhall, and the Grass in the Parks about the said Houses, when the Woods were not under haining, and the flying Customs and Carriages in the said Deed mentioned, that the said late Lord Drummond had, notwithstanding the said Deed, an Estate for Life therein; and that, by Consequence, the Lords of Session had, as to those Particulars, no Jurisdiction; but as to the Residue of the Lands, whether the Estate for Life of the late Lord Drummond was divested and determined by the said Deed, and the Possession thereby vested in the Exceptant, is contended between the Exceptant and Commissioners; which we, not knowing the Law of Scotland, cannot determine; and therefore humbly refer this Case to the Hearing and Determination of your Lordships. If it shall appear to your Lordships, that the Estate for Life of the said late Lord Drummond was determined, and thereby both the Possession and Fee in the Exceptant, as the Lords of Session have found, then we conceive the Lords of Session had Jurisdiction; but if it shall not so appear, then we are of Opinion, that the Lords of Session had no Jurisdiction.

Commissioners, &c. versus George and John Ogilvie.

"The Exceptions of George and John Ogilvies being founded upon the Acts for encouraging Superiors Vassals, &c. the Lords of Session had a Jurisdiction determining the same.

Commissioners, &c. versus Sir James Mackenzie.

"The Lords of Session had a Jurisdiction, the Exceptant's Claim being as a Superior.

Commissioners, &c. versus Earl of Marchmont.

"It appears to us, that the Exceptant, in virtue of the several Rights on which his Exception is founded, had a legal Possession of the Lands in Question, and a Right to continue in that Possession till he was satisfied and paid off the Sum of 30,000 Marks Scots Money: And it appears also, that the forfeiting Person had a Right to redeem the Lands in Question, by Payment of the said Sum of 30,000 Marks; but as the Exception does not set forth, "That the Exceptant was in the actual Possession of any more of the Lands than what answered the Interest of the said 30,000 Marks," we apprehend, the forfeiting Person must be intended to have been in the actual Possession of the rest of these Lands; the Consequence whereof is, that the Exceptant ought to have prosecuted his Right in Form of a Claim, and that the Lords of Session had no Jurisdiction.

Commissioners, &c. versus Balfour.

It appears, that Colonel Balfour, the forfeiting Person, was in Possession; the Consequence whereof is, that the Lords of Session had no Jurisdiction.

Commissioners, &c. versus Henry Scrimseour.

It appears to us, that the forfeiting Person was in Possession, and had a Tenancy for Life; the Consequence whereof is, that the Lords of Session had no Jurisdiction.

Commissioners, &c. versus Wallace of Inglestoun.

"The Exceptant does not affirm, that he was possessed of, or that the forfeiting Person was not possessed of, the Lands in Question; the Consequence whereof is, that the Lords of Session had no Jurisdiction."

Hearings appointed.

Ordered, That the several Causes wherein the Judges conceive that the Lords of Session in Scotland had no Jurisdiction in determining the same, be heard, by Counsel, at the Bar, on Friday the Eleventh Day of this Instant March, at Eleven a Clock; and that the Cause wherein the same Commissioners are Appellants, and James Drummond and his Trustees are Respondents, be heard on the Friday following.

Adjourn.

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

DIE Veneris, 4^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E of Shrewsbury's Bill.

The Earl of Clarendon acquainted the House, "That the Lords Committees to whom the Bill, intituled, An Act for annexing the late Duke of Shrewsbury's Estate to the Earldom of Shrewsbury; and confirming Gilbert Earl of Shrewsbury's Settlement, in order thereto; and for other Purposes therein mentioned," was committed: "That they had considered the said Bill; and heard Counsel, as well upon the Petition of Richard Lord Viscount Fitzwilliam and George Pitt, on Behalf of George Talbot an Infant, as the Prosecutors of the Bill; and had gone through the same, and made several Amendments thereunto; which he was ready to report, when their Lordships will please to receive the same."

Ordered, That the said Report be received on Wednesday next; and the Lords to be summoned.

Lady Semple versus Murray, et è contra:

After hearing Counsel, upon the Petition and Appeal of Grissell Lady Semple; complaining of Two Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Three and Twentieth of December 1718, and Second of December 1719, made on the Behalf of Alexander Murray of Broughton Esquire; and praying, "That the same may be reversed:" As also upon the Answer of Alexander Murray put into the said Appeal: And likewise upon the Cross Appeal of the said Alexander Murray Esquire; complaining of Two Interlocutory Sentences, or Decrees, of the said Lords of Session, of the Third and Seventeenth of July 1719, made on the Behalf of Grissell Lady Semple; and praying, "That the same may be reversed;" and the Answer of the said Grissell Lady Semple put in thereunto: And due Consideration had of what was offered on either Side in the said Causes:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petitions and Appeals be, and are hereby, dismissed this House; and that the several Interlocutory Sentences, or Decrees, complained of in the said Appeals, be, and are hereby, affirmed.

Brodrick's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Lawrence Brodrick, an Infant, to perform certain Articles of Agreement entered into by Anne his Mother, since deceased, to whom he is Heir."

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

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

L. Wenman versus Sir W. Osbaldeston & al.

The House being moved, "That a Day may be appointed, for hearing the Cause upon the amended Appeal of Richard Lord Wenman, to which Sir William Osbaldeston and Dame Catherine his Wife, John Churchill Wicksted and Mary his Wife are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday next, after the Report of the Amendments to the Earl of Shrewsbury's Bill.

Ellis versus Whinery:

The House was informed, "That John Whinery, Respondent to the Appeal of John Ellis Esquire, has neglected to put in his Answer thereunto by the Time limited by the Order of this House of the Eight and Twentieth of January last, though duly served with the said Order for that Purpose."

And thereupon Abraham Lyon was called in; and attested, upon Oath, "That he personally served the Respondent with a Copy of the said Order, at his Dwelling-house in Dublin."

Peremptory Answer.

It is therefore Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal by Thursday next.

Hertford Highways, Acts for repairing continued, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Acts formerly made, for repairing the Highways in the County of Hertford therein mentioned; and for making the said Acts more effectual."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees to whom Mr. Brodrick's Bill stands referred.

To meet on Wednesday next, at the same Time and Place.

Whitby's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Lessees and Farmers of Daniel Whitby Doctor in Divinity, and Prebendary of Teington Regis, in the Cathedral Church of The Blessed Mary the Virgin, of Sarum, and of all succeeding Prebendaries of the said Prebend for the Time being, to make Leases of the Copyhold Lands of the several Manors of Preston, alias Prestown, and Church Land, alias The Parsons Land, in the County of Devon."

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. Dormer and Mr. Meller:

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

Adjourn.

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

Die Veneris, 10^o Junii, 1720, hitherto examined by us,

Clarendon.
Say & Seale.
A. Menev.
Joh. Peterbor.
Hu. Bristol.

DIE Sabbati, 5^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Kingston & al. Leave for a Bill concerning the Dutch. of Newcastle's Will:

After reading, and considering, the Report of the Judges to whom the Petition of Evelyn Duke of Kingston upon Hull, Henry Howard Esquire commonly called Lord Viscount Morpeth, Frances Lady Viscountess Morpeth his Wife, Edward Harley Esquire commonly called Lord Harley, and the Lady Henrietta Cavendish Holles Harley his Wife, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

Bill read.

Then, Hodie 1^a vice lecta est Billa, intituled, "An Act for settling and assuring the Manors of Orton and Bottlebridge, and other Premises, in the County of Huntingdon, to the several Uses mentioned in the Will of Margaret late Dutchess of Newcastle; and for other Purposes therein mentioned."

Sir Ed. Hales Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Estates of Sir John Hales and Sir Christopher Hales, Baronets, deceased, in Trustees, to be sold, for raising Money, for the paying and discharging the Debts and Incumbrances charged thereon, and affecting the same; and for other Purposes therein mentioned."

River Darwent navigable, Bill.

The Order of the Day being read, for reading the Bill, intituled, "An Act for making the River Darwent, in the County of Derby, navigable," a Second Time; and for hearing Counsel against and for the same, at the said Second Reading:

Counsel were called in.

And the Bill was accordingly read a Second Time.

After which, the Counsel against the said Bill were directed to proceed.

And being heard;

And several Witnesses examined upon Oath, in relation thereunto:

And being withdrawn:

It is Ordered, That this House will proceed to hear Counsel further, in relation to the said Bill, on Monday Morning next; and that the Counsel be called in at Eleven a Clock.

Adjourn.

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

DIE Lunæ, 7^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

E. of Peterrorow's Pet. eserred to judges.

Upon reading the Petition of the Right Honourable Charles Earl of Peterborow and Monmouth; praying Leave to bring in a Bill, for exchanging several Parcels of Land, in the Parish and Manor of Fulham, belonging to the Bishop of London, for other Lands, of like Value, lying in the Counties of Middlesex, Hertford, or Essex, to be approved of by the Persons in the Petition mentioned, and conveyed and assured to the Use of the said Bishop of London and his Successors; to which Exchange the said Bishop is consenting:

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

Reasons of Lords of Sessions for their judging in the Cause of the Commissioners against Erskine.

The Lord Chancellor acquainted the House, "That he had received from the Lords of Session in Scotland their Return to an Order of this House of the Fifteenth of February last, intituled, "Reasons humbly offered to the Right Honourable the Lords Spiritual and Temporal in Parliament assembled, by the Lords of Session in Scotland, for their proceeding to judge in the Exceptions presented to them by Thomas Erskine Son to the late Earl of Mar, and others."

And the Title thereof being read:

It is Ordered, That the Reasons beforementioned be taken into Consideration To-morrow Sevennight; and the Lords to be summoned.

River Darwent, navigable Bill.

Counsel (according to Order) were called in, and heard, for and against the Bill, intituled, "An Act for making the River Darwent, in the County of Derby, navigable."

And several Witnesses were examined, upon Oath, for the said Bill.

And withdrew.

Then it being proposed, "That the said Bill be committed:"

Which being objected to;

And Debate thereupon:

The Question was put, "Whether the said Bill shall be committed?"

It was Resolved in the Affirmative.

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

Sir J. Lumley's Pet.

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

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

Judge changed.

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

Montrose, Duty on Beer, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scotts, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer that shall be vended or sold within the Town of Montrose and Privileges thereof, for supplying the said Town with fresh Water; 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. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Meller and Mr. Fellows:

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

Visc. Howe, Pet. for a Nat. Bill.

Upon reading the Petition of the Right Honourable Mary Sophia Charlotte Viscountess Howe, Wife of the Right Honourable Scroop Lord Viscount Howe of the Kingdom of Ireland; praying Leave to bring in a Bill, for the Petitioner's Naturalization:

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

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

Hodie 2^a vice lecta est Billa, intituled, "An Act for settling and assuring the Manors of Orton and Bottlebridge, and other Premises, in the County of Huntingdon, to the several Uses mentioned in the Will of Margaret late Dutchess of Newcastle; and for other Purposes therein mentioned."

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

Their Lordships, or any Five of them; to meet on Tuesday the Two and Twentieth Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Stafford & al. versus Mayor and Commonalty of London.

Whereas this Day was appointed, for hearing the Cause wherein John Stafford and others are Appellants, and the Mayor and Commonalty of the City of London are Respondents:

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

Ly. Eustace versus Sir W. Fownes & al.;

Upon reading the Petition of Sir William Fownes Knight, Francis Harrison Esquire, and others, Respondents to the Appeal of Dame Margaret Eustace Widow; setting forth, "That the said Appellant lodged an Appeal in this House, the Three and Twentieth of December last, from an Order of the Court of Chancery in Ireland of the Thirteenth of November last, before the same was made up and entered; that the Register of the said Court, since the lodging the said Appeal, refuses to make up and enter the said Order;" and praying, "That the said Register may be ordered to make up and enter the same; that the Petitioners may thereby be enabled to bring over all the Papers and Proceedings in this Cause, in order to bring the same to a Hearing:"

To make u and enter Decree.

It is Ordered, That the Register of the said Court of Chancery in Ireland do forthwith make up and enter the said Order accordingly.

Sir E. Hales's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estates of Sir John Hales and Sir Christopher Hales, Baronets, deceased, in Trustees, to be sold, for raising Money, for the paying and discharging the Debts and Incumbrances charged thereon, and affecting the same; and for other Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the same Committee to whom the Duke of Kingston's Bill stands committed; to meet at the same Time and Place.

Adjourn.

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

DIE Martis, 8^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cusack & Ux. versus Buckley.

After hearing Counsel, upon 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 Month; and of another Order of the said Court, of the Sixteenth of April last, in a certain Cause wherein William Buckley was Plaintiff, and the Appellants Defendants; and praying, "That the same may be reversed; and the Appellant Robert freed from his Imprisonment; and for such further Relief in the Premises as to their Lordships should seem meet:" As also upon the Answer of the said William Buckley put in to the said Appeal; and due Consideration had of what was offered on either Side in the said Cause:

Decrees 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 several Orders or Decrees therein complained of be, and are hereby, affirmed.

Commissioners for forfeited Estates, Representation concerning the Cause between them and Erskine.

The House being informed, "That a Person from the Commissioners and Trustees of the forfeited Estates acting in Scotland attended, with a Representation of the said Commissioners, pursuant to an Order of this House of the Fifteenth of February last, made upon their Lordships declaring the Lords of Session in Scotland had no Jurisdiction to determine in the Matter before them, between the said Commissioners and Thomas Erskine Son to the late Earl of Mar:"

Mr. John Wolfe was called in; and delivered the said Representation, at the Bar.

And withdrew.

And the Title thereof being read:

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

Butler versus Sir Thomas Prendergast & al.

A Petition of Dame Penelope Prendergast, Mother and Guardian of Sir Thomas Prendergast an Infant, and others, Respondents to the Appeal of Theobald Butler, was presented to the House, and read; setting forth, "That the said Appeal now stands for an Hearing on the Twenty-ninth of April next: That the Petitioners Remedy, for the great Damage sustained in cutting down and destroying many Thousands of young Oaks, Ash, and Elm, on the Petitioners Estate, is only against the Appellant, who is aged; and if the Session should determine before the Hearing of the said Appeal, and the Appellant should die before the said Hearing, the Petitioners would be destitute of Redress; and praying an earlier Day for hearing the said Appeal:"

And it being moved, "That the said Cause be heard on the Sixth of April next;"

And a Debate arising thereupon:

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

Lady Howe's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Naturalization of the Lady Mary Sophia Charlotte Viscountess Howe, Wife of Scroop Lord Viscount Howe of the Kingdom of Ireland."

Sir John Huband & al.;

Upon reading the Petition of Sir John Huband Baronet, an Infant of the Age of Five Years, by Dame Rhoda Huband his Mother and Guardian, and of the said Dame Rhoda Huband, and Rhoda Huband Spinster, and Mary Huband of the Age of Eighteen Years, and Jane Huband of the Age of Three Years, by the said Dame Rhoda Huband, their Mother and Guardian; they the said Sir John Huband, Rhoda, Mary, and Jane Huband, being all the Children of Sir John Huband late of Ipsley Court in the County of Warwick Baronet deceased, the only Son and Heir of Sir John Huband of Ipsley Court aforesaid Baronet, deceased; praying Leave to bring in a Bill, for vesting the Infant Sir John Huband's Estates, in the Counties of Warwick and Southampton, and several Annuities issuing out of His Majesty's Exchequer, in Trustees, to sell the same Annuities, and dispose of such Part of the Infant's Estate as shall be requisite, to pay the Debts and Incumbrances charged thereon; and to make a Settlement upon the Petitioner Dame Rhoda Huband his Mother, and Provision for the other Petitioners his Three Sisters; and for preserving the Residue of the said Estate for the Benefit of the said Sir John Huband the Infant:

Petition referred to Judges.

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

Adjourn.

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

DIE Mercurii, 9^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Butler versus Sir Thomas Prendergast & al.

The House (according to Order) resumed the adjourned Debate Yesterday, upon the Petition of Dame Penelope Prendergast, Mother and Guardian of Sir Thomas Prendergast Baronet an Infant, and others, Respondents to the Appeal of Theobald Butler: praying an earlier Day for bringing on the Hearing of the said Appeal than was at first appointed.

And the said Petition being again read:

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

State of Appeals to be examined into:

Lords Committees appointed to examine into the State of the several Appeals now depending; and report to the House; (videlicet).

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.

And Method of determining Appeals brought in a former Sessior.

Ordered, That it be an Instruction to the said Committee, to consider of a proper Method of bringing on and determining Appeals which happen not to be determined in the same Session wherein they were first brought.

Carbery's II.

The Earl of Westmorland reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming a Partition made between the Right Honourable George Lord Carbery Baron of Carbery in the Kingdom of Ireland, and Henry O Brien Esquire, of certain Manors, Lands, and Hereditaments, in the several Counties of Northampton and Rutland," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

E. of Shrewsbury's Bill.

The Order of the Day being read, for receiving the Report of the Amendments made by the Lords Committees to whom the Bill, intituled, "An Act for annexing the late Duke of Shrewsbury's Estate to the Earldom of Shrewsbury; and consirming Gilbert Earl of Shrewsbury's Settlement in order thereto; and for other Purposes therein mentioned," was committed:

It is Ordered, That the said Report be received To-morrow; and the Lords to be summoned.

Petitions against Bill for making the River Douglas navigable.

A Petition of the Gentlemen and Freeholders in and near the Town of Ormskirk, in the County of Lancaster:

Also, a Petition of the Aldermen, Common Council, Gentlemen, Burgesses, and principal Inhabitants, of the Corporation of Preston, in the County of Lancaster, and Parts adjacent:

And also, a Petition of the Gentlemen and principal Inhabitants of the ancient Corporation of Wigan, and the Townships and Parts adjacent:

Were severally presented to the House, and read; praying, "That the Bill, intituled, "An Act for making the River Douglas, alias Asland, navigable, from the River Ribble, to Wigan, in the County Palatine of Lancaster," may be rejected."

And severally ordered to lie on the Table.

Stafford & al. versus Mayor and Commonalty of London:

After hearing Counsel, upon the Petition and Appeal of John Stafford, John Adams, and Bartholomew Soames; complaining of an Order and Decree of the Court of Exchequer, of the Eleventh of June last, in a certain Cause, wherein the Appellants were Plaintiffs, and the Mayor and Commonalty of the City of London were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Mayor and Commonalty and Citizens of the City of London put in to the said Appeal; and due Consideration had of what was offered thereupon:

Decree affirmed, with Costs.

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

Highways repairing, Act continued and explained, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the last Session of Parliament, intituled, "An Act for making more effectual the several Acts passed for repairing and amending the Highways of this Kingdom; and for preventing the Carriage of excessive Loads of Meal, Malt, Bricks, and Coals, within Ten Miles of the Cities of London and Westminster."

Hertfordshire Highways; Acts for repairing, continued, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing the Acts formerly made, for repairing the Highways in the County of Hertford therein mentioned; and for making the said Acts more effectual," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Nicholetts Bill re-committed:

The Lord Delawar reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Estate late of Gilbert Nicholetts Esquire, deceased, in Trustees, for Payment of his Debts and Sisters Portions; and for making a Provision for his Widow and Child," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made several Amendments thereunto."

Which being read:

Some of the said Amendments were agreed to; and others agreed to with Amendments.

And an Alteration being proposed to be made to the General Saving:

It is Ordered, That the said Bill be re-committed to the same Committee; to meet To-morrow, at the same Time and Place.

Sir John Chichester's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate of Sir John Chichester Baronet, for the Purposes therein mentioned," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which, being read Twice, were agreed to.

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

Grutzmann's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing John Henry Grutzmann."

Courtenay's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Kellond Courtenay Esquire and Susanna Prideaux, Infants under the Age of One and Twenty Years, by the Consent of certain Trustees, to grant Leases of their respective Parts of the Lands late of John Kellond Esquire, Charles his Son, and John his Grandson, deceased," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made several Amendments thereunto."

Which, being read Twice, were, with leaving out One of the said Amendments, agreed to by the House.

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

Adjourn.

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

DIE Jovis, 10^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lady Howe takes the Oaths.

This Day Mary Sophia Charlotte Viscountess Howe took the Oaths appointed, in order to her Naturalization.

Harison versus Dormer:

Upon reading the Petition of Thomas Harrison Esquire Appellant in a Cause depending in this House, to which Robert Dormer Esquire and Richard Macgwire are Respondents; praying, "That the Hearing of the said Cause, which is appointed for Tuesday next, may stand further adjourned for a Month, or such other Time as their Lordships shall please to appoint; and that the Petitioner may be at Liberty to amend his Appeal, by adding, in the Prayer thereof, the Names of George Gore, John Pratt, and Charles Delafay, Esquires, who were Parties to the said Suit in the Court below; and that they may be ordered to put in their Answers to the said Appeal:"

And thereupon Mr. Collier being called in, and examined upon Oath, as to Notice given to the other Side, pursuant to the Standing Order:

And Mr. Peters, the Respondents Agent, to whom such Notice was given, was heard in relation thereunto.

And being withdrawn:

To amend Appeal.

It is Ordered, That the Hearing the said Cause be adjourned till Tuesday the Twelsth Day of April next; and that the Petitioner be at Liberty to amend his Appeal, as desired; and that the Parties above named may have a Copy thereof, and do put in their Answers thereunto without Delay.

Ellis versus Whinery.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Ellis Esquire is Appellant, and John Whinery 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.

E. of Shrewsbury's Bill.

The Earl of Clarendon (according to Order) reported from the Lords Committees to whom the Bill, intituled, An Act for annexing the late Duke of Shrewsbury's Estate to the Earldom of Shrewsbury, and consirming Gilbert Earl of Shrewsbury's Settlement in order thereto, and for other Purposes therein mentioned," was committed, the Amendments made by the Committee to the said Bill.

Which were read Twice, and agreed to.

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

Message from H. C. with a Bill; and to return Backer's, and Sandford's Bills.

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

With a Bill, intituled, "An Act for preventing the corrupting of Juries;" to which they desire their Lordships Concurrence.

Also, a Message from the House of Commons, by Mr. Mason and others:

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

Also, a Message from the House of Commons, by Mr. Yonge and others:

To return the Bill, intituled, "An Act to enable Trustees to sell Part of the Estate of John Sanford Esquire, deceased, for Payment of his Debts and Legacies; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, with some Amendments; to which they desire their Lordships Concurrence.

River Douglas navigable Bill.

Counsel (according to Order) were called in, and heard, against and for the Bill, intituled, "An Act for making the River Douglas, alias Asland, navigable, from the River Ribble, to Wigan, in the County Palatine of Lancaster."

And several Witnesses were examined upon Oath against and for the said Bill.

And withdrew.

Then, it being proposed, "That the said Bill be committed:"

Which being objected to;

And Debate thereupon:

The Question was put, "Whether the said Bill shall be committed?"

It was Resolved in the Affirmative.

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight.

Baltonsbury Common, enclosing, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing the Common, commonly called Baltonsbury. Common, in the Parishes of Baltonsbury and Bradly, in the County of Somerset," was committed: "That the Committee had gone through the Bill, and made several Amendments thereunto."

Which, being read Twice, were agreed to; and another Amendment was made by the House to the said Bill.

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

Nicholetts' Bill.

The Earl of Clarendon also reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Estate late of Gilbert Nicholetts Esquire deceased in Trustees, for Payment of his Debts and Sisters Portions, and for making a Provision for his Widow and Child," was re-committed: "That they had made some further Amendments to the said Bill."

Which, being read Twice, were agreed to.

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

Courtenay's Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to enable Kellond Courtenay Esquire and Susanna Prideaux, Infants under the Age of One and Twenty Years, by the Consent of certain Trustees, to grant Leases of their respective Parts of the Lands late of John Kellond Esquire, Charles his Son, and John his Grandson, deceased."

The Question was put, "Whether the said Bill shall pass?"

It was Resolved in the Affirmative.

Sir John Chichester's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Sir John Chichester Baronet, for the Purposes therein mentioned.

The Question was put, "Whether the said Bill shall pass?"

It was Resolved in the Assirmative.

Message to H. C. with it; and Courtenay's Bill.

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

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

Proceedings of House of Lords in Ireland, Annesley versus Sherlock.

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

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

Habkin's Petition concerning Costs in Scotland.

A Petition of William Habkin, Belt-maker in Edinburgh, was presented to the House, and read; complaining, That the Lords of Session in Scotland have not taxed his Costs, pursuant to former Orders of this House; and praying such final Order may be made, touching his Costs both here and in Scotland, as shall be thought proper, for the Petitioner's Relief."

The Lords following were appointed a Committee, to consider of the said Petition; and to report their Opinion thereupon to the House (videlicet,)

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

Hertford Highways for repairing, Acts continued, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Acts formerly made, for repairing the Highways in the County of Hertford therein mentioned; and for making the said Acts more effectual."

The Question was put, "Whether the said Bill shall pass?"

It was Resolved in the Affirmative.

A Message was sent to the House of Commons, by Mr. Meller and Mr. Fellows:

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

Adjourn.

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