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

May 1720, 1-10

DIE Lunæ, 2^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

M'gwire's Answer to Harrison's Appeal.

This Day the Answer of Richard M'gwire, to the Petition and Appeal of Thomas Harrison Esquire, was brought in.

Butler versus Prendergast.

Whereas this Day was appointed, for hearing the Cause wherein Theobald Butler is Appellant, and Dame Penelope Prendergast and others are Respondents:

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

Mayor of Hereford and others, for Callico Bill:

A Petition of the Mayor, Aldermen, and Citizens, of the City of Hereford, in Common Council assembled:

Justices and Grand Jury of Worcester, for it.

Also, a Petition of the Justices of the Peace, together with the Grand Jury, at the General Quarter Sessions of the Peace holden for the County of Worcester, upon Tuesday, April the Six and Twentieth, 1720, in Behalf of themselves and many Thousands of Poor belonging to the Woollen Manufactory of this Kingdom; praying, "That the Bill for preserving and encouraging the Woollen and Silk Manufactures of this Kingdom," may pass.

Were severally presented to the House, and read; and severally ordered to lie on the Table.

Mayor of Hereford and others, for Turkey Company Bill.

A Petition of the Mayor, Aldermen, and Citizens, of the City of Hereford, in Common Council assembled; praying, "That the Bill for prohibiting the Importation of Raw Silk and Mohair Yarn, of the Product or Manufacture of Asia, from any Ports or Places in The Streights, or Levant Seas, except such Ports and Places as are within the Dominions of the Grand Seignior," may pass, was presented to the House, and read.

And Ordered, To be referred to the Committee of the whole House to whom the said Bill stands committed.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act to repeal so much of the Act, intituled, "An Act for preventing Frauds, and regulating Abuses, in His Majesty's Customs," passed in the Thirteenth and Fourteenth Years of King Charles the Second, as relates to the prohibiting the Importation of Deal Boards and Fir Timber from Germany;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act to prevent the impious Practice of Duelling; and for abolishing Trials by Single Combat;" to which they desire the Concurrence of this House.

Farguhar versus L. Loudoun.

Ordered, That the Cause wherein James Farguhar Esquire is Appellant, and Hugh Earl of Loudoun Respondent, which stands appointed for To-morrow, be put off to Thursday next; and the Cause wherein Thomas Harrison Esquire is Appellant, and Colonel Robert Dormer and others are Respondents, which stands for that Day, be put off till Saturday next.

Petitions for and against the River Weaver Bill.

A Petition of the Gentlemen, Freeholders, Tradesmen, and Inhabitants, of the ancient Market Town of Warrington, in the County of Lancaster, and Parts adjacent; praying, "That the Bill, intituled, "An Act for making the River Weaver navigable, from Winsford Bridge to Frodsham Bridge, in the County of Chester," may pass."

Also, a Petition of the Gentlemen and Traders, and other Inhabitants, of Warrington, in the County Palatine of Lancaster:

Also, a Petition of the Mayor and Citizens of the City of Chester; praying, "That the besorementioned Bill may not pass:"

Were severally presented to the House, and read; and severally ordered to lie on the Table.

Also, a Petition of several of the Inhabitants, and Proprietors of Salt, in the ancient Town of Middlewich, in the County of Chester, was presented to the House, and read; praying to be heard, by their Counsel, against the Bill, intituled, "An Act for making the River Weaver navigable, from Winsford Bridge to Frodsham Bridge, in the County of Chester."

It is Ordered, That the Petitioners may be heard, by their Counsel, against the said Bill, at the Second Reading thereof, as desired; subject to the Order formerly made, "That no more than Two Counsel of a Side be heard, either for or against the said Bill."

L. Salton versus Frazier:

A Petition of Alexander Hamilton, Agent for William Frazier Esquire, Trustee for the Behoof of Alexander Frazier an Infant, Respondent to the Appeal of Alexander Lord Salton, was presented to the House, and read; praying, "That a short Day peremptorily may be appointed, for hearing the said Cause:"

Hearing appointed on a Bye-day.

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

Justices of Middlesex, for Nightly Watch Bill.

A Petition of the Justices of the Peace for the County of Middlesex, assembled at the General Quarter Sessions of the Peace holden for the said County, at Westminster Hall, on the Five and Twentieth of April 1720, on Behalf of themselves and the other Inhabitants of the said County, was presented to the House, and read; praying, "That the Bill now depending, for the appointing a Nightly Watch, and regulating the Beadles, in that Part of Great Britain called England, may pass; or that the Petitioners may be heard, by their Counsel, in Favour thereof:"

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

Col. Erle's Affidavit of the Death of Glemham.

The House being informed, "That Colonel Thomas Erle was at the Door, and desired to prove his Affidavit of the Death of Captain Thomas Glemham, in order to be made Use of at the Committee of Privileges, to whom Mrs. Bockingham's Petition stands referred:"

He was thereupon called in; and owned the same, upon Oath, at the Bar.

And withdrew.

Use and Wear of Callicoes, to prohibit, Bill.

The Order of the Day, for hearing Counsel, and the Petitioners, against the Bill, intituled, "An Act for preserving and encouraging the Woollen and Silk Manufactures of this Kingdom; and for the more effectual employing the Poor, by prohibiting the Use and Wear of all printed, painted, stained, or dyed Callicoes and Linens (except as therein is excepted); and for restraining the Number of Apprentices to be taken in the Weaving Trade," reply to what was offered by the Counsel and Petitioners for the said Bill, being read:

The several Parties were called in; and Counsel were heard reply accordingly.

And being withdrawn:

It is Ordered, That this House will proceed to hear the Petitioners To-morrow, at Twelve a Clock.

Adjourn.

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

DIE Martis, 3^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. with a Bill; and to return the Bill for the University of Cambridge to enlarge their Library.

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

With a Bill, intituled, "An Act for building and repairing County Gaols, and other Gaols, Prisons, and Session Houses, in that Part of Great Britain called England; and for ascertaining the Fees of the said Gaols; and for the better Relief of Prisoners in the said Gaols and Prisons; and for making perpetual an Act of the Eleventh and Twelfth Years of the Reign of King William the Third, for the more effectual Suppression of Piracy; and for making more effectual the Act of the Thirteenth Year of the Reign of King Charles the Second, intituled, "An Act for establishing Articles and Orders for the regulating and better Government of His Majesty's Ships of War and Forces by Sea;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act to enable any Corporations within the University of Cambridge, or any other Persons, to sell and convey any Messuages and Ground to the said University, for enlarging their Public Library;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Commissioners forfeited Estates versus Sir J. Mac Donald.

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

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

Commissioners forfeited Estates versus Sir G. Stewart.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein the same Commissioners and Trustees are Appellants, and Sir George Stewart, in relation to the Estate of Borlick, is Respondent:"

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

Gentlemen & al of Westminster for Nightly Watch, Bill.

A Petition of the Gentlemen and other Inhabitants of the several Parishes within the City and Liberty of Westminster, was presented to the House, and read; praying, "That the Bill, intituled, "An Act for the appointing a Nightly Watch, and regulating the Beadles, in that Part of Great Britain called England," may pass; or that the Petitioners may be heard, by their Counsel, in Favour thereof."

It is Ordered, That the Petitioners may be heard, by their Counsel, upon the Second Reading of the said Bill, if they think fit.

Damaged Wines, Abuses in, to prevent, Bill.

The Order of the Day, for the Second Reading of the Bill, intituled, "An Act for preventing of Frauds and Abuses in the Allowances on damaged Wines; and for lengthening the Time for the Drawbacks on the Exportation of Wines;" and for the Commissioners of His Majesty's Customs, or some of them, to attend; being read;

And the Commissioners of the Customs attending accordingly:

They were called in.

And the said Bill was read a Second Time.

And Two of the said Commissioners being heard in relation thereunto.

It is Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday the Seventeenth Day of this Instant May.

Use and Wear of Call coes, to prohibit, Bill.

The other Order of the Day, for hearing the Petitioners against the Bill, intituled, "An Act for preserving and encouraging the Woollen and Silk Manufactures of this Kingdom; and for the more effectual employing the Poor, by prohibiting the Use and Wear of all printed, painted, stained, or dyed, Callicoes and Linens (except as therein is excepted); and for restraining the Number of Apprentices to be taken in the Weaving Trade," reply to what was offered by the Counsel and Petitioners for the said Bill, being read:

The several Parties were called in.

And One of the said Petitioners being heard accordingly:

They were directed to withdraw.

Then it was proposed, "That the said Bill be committed."

And a Debate arising thereupon;

The Question was put, "Whether the said Debate shall be adjourned to this Day Six Weeks?"

It was Resolved in the Affirmative.

Address relating to Callicoes; and the Encouragement of the East India Trade.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the Commissioners of Trade, during the Recess of Parliament, to consider of and prepare a Scheme, to be laid before His Majesty and both Houses of Parliament in the next Session of Parliament, for the effectual preventing the wearing and using of painted, printed, and stained Callicoes, which are so detrimental to the Manufactures of this Kingdom; and also to consider of and state the many Difficulties the East India Company do at present lie under, in the carrying on of their Trade; and propose what Methods may be most proper and effectual for securing to the said Company their carrying on successfully a Trade so beneficial and advantageous to the Kingdom."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Turkey Company Bill, concerning Raw Silk and Mohair Yarn.

The remaining Order of the Day, for the House to proceed further in a Committee of the whole House upon the Bill, intituled, "An Act for prohibiting the Importation of Raw Silk and Mohair Yarn, of the Product or Manufacture of Asia, from any Ports or Places in The Streights, or Levant Seas, except such Ports and Places as are within the Dominions of the Grand Seignior," being read:

It is Ordered, That the House be put into a Committee thereupon, To-morrow.

River Weaver navigable, Bill.

Whereas To-morrow was appointed, for the Second Reading of the Bill, intituled, "An Act for making the River Weaver navigable, from Winsford Bridge to Frodsham Bridge, in the County of Chester;" and for hearing Two Counsel of a Side, as well against as for the same, at the Second Reading thereof:

Causes put off.

It is Ordered, That the said Bill be read a Second Time on Friday next; and that the Cause wherein Theobald Butler is Appellant, and Dame Penelope Prendergast and others are Respondents, which stands for that Day, be put off to the Monday following; and the other Causes appointed on Cause-days be removed in Course.

Gentlemen, &c. of Frodsham, and other Townships, against River Weave Bill.

A Petition of the Gentlemen, Freeholders, Farmers, and Tradesmen, in the several Towns and Townships of Frodsham, Waverham, Norley, Kingsley, Sutton, Hclsbey, and Ince, and several other Townships thereunto adjoining, in the County of Chester:

Also, a Petition of the Leaseholders, Farmers, and Tenants, in the several Townships of Frodsham, Waverham, Aiton, Ouson, Sutton, Preston, Dutton, Bartington, and Little Leigh, and several other Townships situate upon the River Weaver, in the County of Chester, for and on the Behalf of themselves and many Hundreds more in the said County;

Were presented to the House, and read; praying to be heard, by their Counsel, against the beforementioned Bill, before the passing thereof.

It is Ordered, That the Petitioners may be heard, by their Counsel, at the Second Reading of the said Bill, as desired; subject to the Order formerly made, "That no more than Two Counsel of a Side be heard, either for or against the said Bill."

Adjourn.

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

DIE Mercurii, 4^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Repairing Gaols, suppressing of Puacy, and establishing Articles of War for the Navy, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for building and repairing County Gaols, and other Gaols, Prisons, and Session Houses, in that Part of Great Britain called England; and for ascertaining the Fees of the said Gaols; and for the better Relief of Prisoners in the said Gaols and Prisons; and for making perpetual an Act of the Eleventh and Twelsth Years of the Reign of King William the Third, for the more effectual Suppression of Piracy; and for making more effectual the Act of the Thirteenth Year of the Reign of King Charles the Second, intituled, "An Act for establishing Articles and Orders for the regulating and better Government of His Majesty's Ships of War and Forces by Sea."

Filkin & al. versus Hill & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Richard, Filkin Gentleman and Frances his Wife and others are Appellants, and Roger Hill and John Hill an Infant, are Respondems:"

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

Serges and Plaidings in Scotland, to prevent Abuses in Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for ascertaming the Breadths, and preventing Frauds and Abuses, in manufacturing Serges, Plaidings, and Fingrums, and for regulating the Manufactures of Stockings, in that Part of Great Britain called Scotland," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Justices of Woroestershire, and Mayor of Worcester & al. for Turkey Company Bill.

A Petition of the Mayor, Aldermen, Sheriff, and Town Clerk, together with the Grand Jury, of the City of Worcester, at their General Quarter Sessions holden for the said City, upon Monday the Five and Twentieth Day of April 1720, in Behalf of themselves and the Cloathing Trade of this Kingdom:

Also, a Petition of the Justices of the Peace, together with the Grand Jury, at the General Quarter Sessions of the Peace holden for the County of Worcester, upon Tuesday April the Twenty-sixth 1720, in Behalf of themselves and many Thousands of Poor belonging to the Woollen Manufactories of this Kingdom; praying, That the Bill, intituled, "An Act for prohibiting the Importation of Raw Silk and Mohair Yarn, of the Product or Manufacture of Asia, from any Ports or Places in The Streights, or Levant Seas, except such Ports and Places as are within the Dominions of the Grand Seignior," may pass:

Were severally presented to the House, and read; and severally ordered to be referred to the Committee of the whole House to whom the said Bill stands committed.

Corrupting Junes, to prevent, Bill.

Whereas Saturday last was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for preventing the corrupting of Juries:"

It is Ordered, That the House be put into a Committee thereupon, on Thursday the Twelfth Day of this Instant May; and that the Judges do then attend; and that the Cause wherein Alexander Lord Salton is Appellant, and William Frazier is Respondent, which stands appointed for that Day, be put off to the Saturday following; and that the Cause wherein the Commissioners and Trustees for the forfeited Estates are Appellants, and Sir George Stewart, in relation to the Estate of Borlick, is Respondent, which stood for that Day, be put off to the Tuesday following.

D. of Montagu's Privilege:

A Complaint being made to the House, "That John Norborne, a Bailiff of a Franchise belonging to the Duke of Montagu, was arrested and abused, by Robert Tebbot of Kethering Grocer, and William Pack and Richard Haines, of the County of Northampton, within the Time of Privilege of Parliament, in Breach of the Privilege of this House:"

And thereupon the said Norborne and Three other Persons being called in; and attesting, upon Oath, at the Bar, the Truth of the said Arrest and Abuse:

And the said Duke acquainting the House, "That the said John Norborne did receive certain Rents of Part of his Grace's Estate:"

Tebbot, Pack, and Haines, attached, for arresting Norborne his Bailiff.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Robert Tebbot, William Pack, and Richard Haines, for their said Offences, and keep them in safe Custody till further Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Francis Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

King's Answer to Address.

The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House of Yesterday; and that His Majesty was pleased to give a most Gracious Answer, to this Effect; (videlicet,)

"His Majesty will give the Orders to the Commissioners of Trade, which the House of Lords desire; and hopes such a Scheme may be formed, before the next Session of Parliament, as will ease the Manufacturers of the Kingdom of their just Complaints, by effectually preventing the wearing and using of Callicoes; and at the same Time secure to the East India Company the successful carrying on of their Trade."

Ordered, That the said Address, and His Majesty's most Gracious Answer, be forthwith printed and published.

Germain's Nat. Bill.

The Lord Delawar reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Philip Germain," was committed: "That the Committee had gone through the said Bill; and made some Amendments thereunto."

Which were read Twice, and agreed to.

Message from H. C. with a Bill.

A Message from the House of Commons, by the Lord William Pawlet and others:

With a Bill, intituled, "An Act for Relief of Insolvent Debtors;" to which they desire the Concurrence of this House.

Turkey Company Bill, concerning Raw Silk and Mohair Yarn.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again, to proceed further on the Bill, intituled, "An Act for prohibiting the Importation of Raw Silk and Mohair Yarn, of the Product or Manufacture of Asia, from any Ports or Places in The Streights, or Levant Seas, except such Ports and Places as are within the Dominious of the Grand Seignior."

After some Time spent therein, the House was resumed.

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

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

Attorney General in Ireland, Answer to Harrison's Appeal.

This Day the Answer of George Gore Esquire, His Majesty's Attorney General of the Kingdom of Ireland, to the Petition and Appeal of Thomas Harrison Esquire, was brought in.

Habkin's Report to be received.

The Earl of Clarendon acquainted the House, "That the Committee to whom the Petition of William Habkin Beltmaker in Edinburgh was referred had agreed upon a Report; which he was ready to make, when their Lordships will please to receive the same."

Ordered, That the said Report be received on Friday next.

Commissioners forfeited Estates versus Sir Geo. Stewart.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Commissioners and Trustees for the forfeited Estates are Appellants, and Sir George Stewart in relation to the Estate of Gaskinhall is Respondent:"

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

Commissioners forfeited Estates versus Sir Geo Stewart.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein the same Commissioners and Trustees are Appellants, and Sir George Stewart in relation to the Estate of Waterstoun is Respondent:"

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

Mayor and Commonalty of London, for River Weaver Bill.

Upon reading the Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled; praying to be heard, by their Counsel, for the passing of the Bill, intituled, "An Act for making the River Weaver navigable, from Winsford Bridge to Frodsham Bridge, in the County of Chester:"

It is Ordered, That the Petitioners may be heard, by their Counsel, upon the Second Reading of the said Bill, as desired, subject to the Order formerly made, "That no more than Two Counsel of a Side be heard, either for or against the said Bill, at the Second Reading thereof."

Adjourn.

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

DIE Jovis, 5^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Robbery, &c. for further preventing, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the further preventing Robbery, Burglary, and other Felonies; and for the more effectual Transportation of Felons."

After some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had considered of the said Bill; and that some of the Judges attended, as ordered; but, not being ready to give the Committee such Assistance as they conceived they might in a little more Time be able to do, the said Committee had directed him to move, that the said Bill might be committed to a Select Committee."

Whereupon it is Ordered, That the Consideration of the said Bill be committed to the Lords following; videlicet,

Ordered, That some of the Judges do assist.

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.

Farguhar versus E. Loudoun.

After hearing Counsel, upon the Petition and Appeal of James Farguhar of Gillmillscroft Esquire; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Ninth, Eight and Twentieth, and Thirtieth of July, the Nineteenth of August, the One and Twentieth of January, and Seventeenth of February last made on the Behalf of Hugh Earl of Loudoun; and praying, "That the same may be reversed:" As also upon the Answer of the said Hugh Earl of Loudoun put in to the said Appeal; and due Consideration had of what was offered on either Side in the said Cause:

Interlocutors affirmed.

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

Turkey Company Bill, concerning Raw Silk and Mohair Yarn.

Hodie 3^a vice lecta est Billa, intituled, "An Act for prohibiting the Importation of Raw Silk and Mohair Yarn, of the Product or Manufacture of Asia, from any Ports or Places in The Streights, or Levant Seas, except such Ports and Places as are within the Dominions of the Grand Seignior."

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

It was Resolved in the Affirmative.

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

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

Timber and Fruit Trees, for Preservation of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and amend an Act passed in the First Year of His Majesty's Reign, intituled, ("An Act to encourage the planting of Timber Trees, Fruit Trees, and other Trees, for Ornament, Shelter, or Profit; and for the better Preservation of the same; and for the preventing the burning of Woods"); and for the better Preservation of the Fences of such Woods."

After some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had gone through the said Bill, and made Two Amendments thereunto; which he was directed to report, when their Lordships will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Duelling, to prevent, Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act to prevent the impious Practice of Duelling; and for abolishing Trials by Single Combat."

Rejected.

Ordered, That the said Bill be rejected.

Germain's Nat. Bill:

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

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

It was Resolved in the Affirmative.

Messages to H. C. with Amendments to it.

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

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

River Weaver navigable, Bill:

Whereas To-morrow is appointed, for the Second Reading of the Bill, intituled, "An Act for the making the River Weaver navigable, from Winsford Bridge to Frodsham Bridge, in the County of Chester:"

Lords summoned.

It is Ordered, That the Lords be summoned, with Notice of the Occasion.

Adjourn.

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

DIE Veneris, 6^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Delafay's Answer to Harrison's Appeal.

This Day the Answer of Charles Delafayc Esquire, to the Petition and Appeal of Colonel Thomas Harrison, was brought in.

Sir James Lumley, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Sir James Lumley Baronet, only Son and Heir, and also Devisee named in the Will, of his late Father Sir Martin Lumley Baronet, deceased, 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.

Nightly Watch, regulating, Bill.

Whereas To-morrow was appointed, for the Second Reading of the Bill, intituled, "An Act for the appointing a Nightly Watch, and regulating the Beadles, in that Part of Great Britain called England;" and for hearing Counsel upon the several Petitions, as well against as for the same:

It is Ordered, That the said Bill be read a Second Time on Thursday the Nineteenth Day of this Instant May; and that the Petitioners may be then heard, by their Counsel, as desired.

Timber and Fruit Trees, for preserving Bill.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to explain and amend an Act passed in the First Year of His Majesty's Reign, intituled, (An Act to encourage the planting of Timber Trees, Fruit Trees, and other Trees, for Ornament, Shelter, or Profit; and for the better Preservation of the same; and for the preventing the burning of Woods; and for the better Preservation of the Fences of such Woods,)" was committed, the Amendments made by the Committee to the said Bill.

Which were read, and agreed to; as follow:

"Pr. 3. Line 17. After ["wrongfully"], insert ["and maliciously"].

" Line 25. After [" aforesaid"], insert ["maliciously"].

Habkin's Report put off.

The Order of the Day, for receiving the Report from the Lords Committees to whom the Petition of William Habkin Beltmaker in Edinburgh was referred, being read:

It is Ordered, That the said Report be received To-morrow.

River Weaver, navigable, Bill.

The other Order of the Day, for the Second Reading of the Bill, intituled, "An Act for making the River Weaver navigable, from Winsford Bridge to Frodsham Bridge, in the County of Chester;" and for hearing Two Counsel of a Side upon the several Petitions, as well against as for the same, being read:

The Counsel and Parties concerned were called in.

And the Bill was accordingly read a Second Time.

And the Counsel against the Bill were heard.

And several Witnesses were examined, upon Oath, in relation thereunto.

And being withdrawn:

It is Ordered, That this House will proceed to hear Counsel and Witnesses further, in relation to the said Bill, on Monday next.

Sir J. Lumley's Bill.

Hodic 1^a vice lecta est Billa, intituled, "An Act to enable Sir James Lumley Baronet to settle a competent Jointure; and for other Purposes therein mentioned."

Serges and Plaidings, to prevent Abuses in, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for ascertaining the Breadths, and preventing Frauds and Abuses, in manufacturing Serges, Plaidings, and Fingrums, and for regulating the Manufactures of Stockings, in that Part of Great Britain called Scotland."

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. Holford and Mr. Lovibond:

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

Campbell versus Pollock.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Campbell of Calder Esquire is Appellant, and Ruth Pollock is Respondent:"

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

Adjourn.

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

DIE Sabbati, 7^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Weston's Privilege.

Complaint was made to the House, "That John Green and Gabriel Stokes had surveyed and taken Possession of an Estate belonging to the Lord Weston, who is Earl of Arran in the Kingdom of Ireland; within the Time of Privilege of Parliament, in Breach of his Lordship's Privilege and the Privilege of this House."

And thereupon Two Affidavits, attesting the Truth thereof, being read:

It is Ordered, That the Matter of this Complaint be referred to the Consideration of the Committee of Privileges.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for naturalizing George Angell;" to which they desire the Concurrence of this House.

L. Dudley and Ward versus Earl and Countess of Meath, Appeal from the House of Lords in Ireland:

A Petition of Edward Lord Dudley and Ward, an Infant, by his Guardian the Lady Diana Fielding, was presented to the House, and read; setting forth, "That the Petitioner's Father, upon an Appeal to this House, in the Year 1699, from a Decree of the House of Lords in Ireland, was ordered to be put into Possession of an Estate in Ireland; which was done accordingly; but, in the Year 1703, the Earl and Countess of Meath were, by Virtue of an Order of the House of Lords in that Kingdom, put into Possession of the said Estate, and still keep the same;" and praying, "That the Petitioner may be put into Possession of all such Lands as the said Earl and Countess obtained Possession of by the Order of the said House of Lords."

Committee to state Proceedings.

The Lords following were appointed a Committee, to consider of the said Petition; and to examine what Proceedings have been had, in the Cause between the Petitioner's Father and the said Earl and Countess, in this House; and to state the several Proceedings, and what has been done therein; and to report their Opinion thereupon to the House; (videlicet,)

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

Harrison versus Doimes:

After hearing Counsel, upon the Petition and Appeal of Thomas Harrison Esquire; complaining of an Order and Decree of Dismission of the Court of Exchequer in Ireland, of the Tenth of February 1718, in a Cause wherein the Appellant was Complainant, and Colonel Robert Dormer, George Gore Esquire His Majesty's Attorney General in Ireland, John Pratt Esquire Deputy Vice Treasurer of Ireland, and Richard M'gwire, were Defendants; and praying, "That the same may be reversed:" As also upon the several Answers of the said Robert Dormer, George Gore, John Pratt, Richard M'gwire, and Charles Delafaye, put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in the said Cause:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Order and Decree of Dismission complained of in the said Appeal be, and the same is hereby, reversed: And it is Adjudged and Declared, That the Off-reckonings assigned by the Appellant to the Respondent M'gwire were, are, and ought to be, liable to satisfy and make good the Contract made between them, for cloathing the Regiment whereof the said Appellant was Colonel at the Time of the said Contract, for so many Months as the Appellant had Power to assign the same.

And a Debate arising, concerning the Surplus-time for which the Off-reckonings were assigned by the Appellant, over and above the Time allowed for that Purpose by the Standing Rules of the Government in Ireland:

It is Ordered, That the said Debate, and further Consideration of this Cause as to that Point, be adjourned to Monday next.

Habkin's Report put off.

Whereas this Day was appointed, for receiving the Report from the Lords Committees to whom the Petition of William Habkin Beltmaker in Edinburgh was referred:

It is Ordered, That the said Report be received on Tuesday next.

Message to H. C. for Sir Tho. Johnson to attend, about the River Weaver Bill.

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

To acquaint them, "That the Lords do desire, that they will give Leave to Sir Thomas Johnson, a Member of their House, to attend this House, to be examined as a Witness for the Bill, intituled, "An Act for making the River Weaver navigable, from Winssord Bridge to Frodsham Bridge, in the County of Chester."

River Weaver navigable, Bill.

Whereas Monday next is appointed, for hearing Counsel and Witnesses further, as well against as for the Bill for making the River Weaver navigable:

It is Ordered, That all the Lords be summoned, with Notice of the Occasion.

Butler versus Prendergast.

Whereas Monday next is appointed, for hearing the Cause wherein Theobald Butler is Appellant, and Dame Penelope Prendergast and others 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 appointed on Cause-days be removed in Course.

Sir J. Lumley's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Sir James Lumley Baronet to settle a competent Jointure; and for other Purposes therein mentioned."

Ordered, That the Consideration of the said Bill be committed to the same Committee to whom the Petition of Edward Lord Dudley and Ward stands referred.

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

Adjourn.

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

DIE Lunæ, 9^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Harrison versus Dormer & al.

The House (according to Order) resumed the adjourned Debate of Saturday last, concerning the Surplus-time for which the Off-reckonings were assigned by the Appellant Thomas Harrison, over and above the Time allowed for that Purpose by the Standing Rules of the Government in Ireland.

And after hearing One Counsel of a Side touching that Point;

And due Consideration had of what was offered thereupon:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Off-reckonings for such Surplus-time were not liable to the said Contract; and therefore only Ten Months of the Off-reckonings of the old Men, and Fourteen Months of the Off-reckonings of the One Hundred and Forty additional Men, ought to be liable to the said Contract.

And it having appeared, that the Respondent Dormer hath made an Assignment of the said Off-reckonings; and the same have been paid in Pursuance thereof:

It is further Ordered and Adjudged, That the Respondent Dormer pay the Off-reckonings of the said additional One Hundred and Forty Men for Fourteen Months, and for the rest of the Regiment for Ten Months, to the Respondent M'gwire, upon his delivering of a Half-mounting for the old Men of the said Regiment, according to the said Contract; and that thereupon the said M'gwire be enjoined, not to prosecute the Appellant at Law, for so much as shall be so paid him; and in case any Difference shall happen between the Parties, touching the Quantum of the Offreckonings before directed to be paid, that then the same shall be ascertained by the said Court of Exchequer.

River Weaver navigable, Bill.

The Order of the Day, for hearing Counsel and Witnesses further, as well against as for the Bill, intituled, An Act for making the River Weaver navigable, from Winsford Bridge to Frodsham Bridge, in the County of Chester," being read:

It is Ordered, That the further hearing Counsel and Witnesses, as well against as for the said Bill, be put off till To-morrow; and nothing to intervene; and the Lords to be summoned.

Commissioners of forfeited Estates versus Sir J. Mac Donald.

Whereas To-morrow was appointed, for hearing the Cause wherein the Commissioners and Trustees for the forfeited Estates are Appellants, and Sir James M' Donald is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday next; and that Mr. Dundas His Majesty's Solicitor General of Scotland have Notice thereof; and the Lords to be summoned; and that the Cause wherein Theobald Butler is Appellant, and Dame Penelope Prendergast and others are Respondents, which was appointed to be heard on that Day, be put off to the Thursday following.

Sir T. Johnson, Leave to attend.

The Messengers sent on Saturday last to the House of Commons, to desire Leave, "That Sir Thomas Johnson, a Member of their House, may attend this House, to be examined as a Witness for the Bill, intituled, An Act for making the River Weaver navigable from Winsford Bridge to Frodsham Bridge, in the County of Chester;" return Answer: "That the Commons do give Leave to Sir Thomas Johnson to attend accordingly, if he thinks fit."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum diem inslantis Maii, hora undecima Auror. Dominis sic decernentibus.

DIE Martis, 10^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

River Weaver navigable, Bill:

The Order of the Day, for further hearing Counsel and Witnesses, as well against as for the Bill, intituled, "An Act for making the River Weaver navigable, from Winsford Bridge to Frodsham Bridge, in the County of Chester," being read:

The Counsel and Parties were called in.

And the Counsel on both Sides were heard.

And several Witnesses were examined, upon Oath, against and for the same.

And being withdrawn:

It was proposed, "To commit the Bill."

After Debate;

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

It was Resolved in the Negative.

Rejected.

Ordered, That the said Bill be rejected.

Boswell's Committee revived.

Ordered, That the Committee to whom the Petition of William Boswell, relating to his Contract with the Trustees for stopping the Breach in the Levels of Havering and Dagenham, stands referred, be revived, and meet on Thursday next.

Motion to showen the Time of the Committees meeting on Sir J Lumley's Bill.

Whereas the Bill, intituled, "An Act to enable Sir James Lumley Baronet to settle a competent Jointure, and for other Purposes therein mentioned," was, on Saturday last, committed to certain Lords, then named; to meet on Monday the Three and Twentieth Day of this Instant May:

The House being this Day moved, "In regard of the approaching Conclusion of this Session of Parliament, that the Standing Order of this House, which requires Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, may be so far dispensed with, as that the said Committee may have Leave to proceed thereon on Friday next:"

It is Ordered, That this House will take the said Motion into Consideration To-morrow; and the Lords to be summoned.

Adjourn.

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