House of Lords Journal Volume 22
March 1726, 1-10

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History of Parliament Trust

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Year published

1767-1830

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608-615

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'House of Lords Journal Volume 22: March 1726, 1-10', Journal of the House of Lords: volume 22: 1722-1726 (1767-1830), pp. 608-615. URL: http://www.british-history.ac.uk/report.aspx?compid=113827 Date accessed: 24 November 2014.


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March 1726, 1-10

DIE Mercurii, 2o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Sarum.
Epus. Rossen.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Cicestriens.
Epus. Exon.
Epus. Landavens.
Ds. King, Cancellarius.
Dux Graston, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Greenwich.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Northampton.
Comes Warwick & Holland.
Comes Scarsdale.
Comes Litchfield.
Comes Yarmouth.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Orkney.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Halifax.
Comes Harborough.
Viscount Say & Seale.
Viscount Hatton.
Viscount Harcourt.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Howard Eff.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Waldegrave.
Ds. Herbert.
Ds. Hay.
Ds. Trevor.
Ds. Onslow.
Ds. Ducie.

PRAYERS.

Major Cochran versus Ld. Blantyre.

The Answer of Robert Lord Blantyre, to the Appeal of Major Thomas Cochrane:

Cornwal versus Bowles.

Also, the Answer of William Bowles Esquire, to the Appeal of Francis Cornwall Esquire:

Forbes versus Galloway.

Also, the Answer of John Galloway of Baldivie Esquire, to the Appeal of Thomas Forbes of Waterton Esquire:

Sir Alexander Cumming versus Ferguson.

Also, the Answer of James Ferguson of Pitfour, to the Appeal of Sir Alexander Cumming of Culter Baronet:

Sir Alexander Cumming versus Pantoun.

As likewise the Answer of Robert Pantoune, to the Appeal of Sir Alexander Cumming; were this Day brought in.

Compton Basset Field to enclose, Bill.

The Earl of Yarmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing, or holding in Severalty, the Common Field within the Parish of Compton Bosset, in the County of Wilts," was committed: "That the Committee had gone through the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Pratt versus Clarke et al.

Upon reading the Petition and Appeal of Samuel Pratt; complaining of an Order of the Court of Chancery, made the Tenth Day of November last, in certain Causes, wherein Christopher Clarke and others were Plaintiffs, and Mary Jackson Widow, Samuel Pratt, and others, were Defendants; and wherein Frances Clarke by her next Friend and others were Plaintiffs, and the said Mary Jackson and others were Defendants; and praying, "That the same may be reversed:"

And it appearing, by a Certificate of Edward Goldesbrough Esquire, Deputy Register of the said Court, that the said Order was not registered till Monday last:

It is Ordered, That the said Christopher Clarke and the other Parties in the said Court of Chancery may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Sixteenth Day of this Instant March.

Wilmott et al. to amend Appeal.

The House being moved, on the Behalf of John Wilmott, Jonathan Welch, and Thomas Alsop, Appellants in a Cause depending in this House, to which Thomas Brand, George Wingfield, Henry Vere Graham, Abel Wilkinson, and James Plume, are Respondents, "That the said Appellants may have Liberty to amend their Appeal, presented the Two and Twentieth of February last; the Order for answering not being served, nor a Copy of the Appeal taken out:"

It is Ordered, That the said Appellants be at Liberty to amend their said Appeal, as desired.

Sir Festus Burke, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Sir Festus Burke Baronet was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for naturalizing John Pontz and John Christopher Balthazar Wagner;" to which they desire the Concurrence of this House.

Tutt versus Mercer.

After hearing Counsel, upon the Petition and Appeal of John Tutt Gentleman; complaining of a Decree of the Court of Exchequer, made the Two and Twentieth Day of February 1723, in a Cause wherein John Mercer Gentleman was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said John Mercer put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

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 Decree therein complained of be, and the same is hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondent, the Sum of Forty Pounds, for his Costs in respect of the said Appeal.

Sir Festus Burke's Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Sir Festus Burke Baronet, towards discharging the Debts and Incumbrances affecting the same; and for making a Provision for the Lady Letitia his Wife, Eldest Daughter of the Right Honourable John late Earl of Clanrickard in the Kingdom of Ireland."

Jeffery, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Thomas Jeffery of the City of Exeter Merchant and Susanna his Wife, and of their Children, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Warkleigh, and other Lands and Hereditaments, in the Parishes of Warkleigh, Satterly, and Roborough, in the County of Devon, the Estate of Thomas Jeffery of the City of Exon Merchant, towards raising Provisions for Susanna his Wife and their Children; for securing whereof the said Manor and Lands were at the Time of their Marriage made liable."

Marriot versus Marriots.

The House being moved, on the Behalf of Richard and Benjamin Marriott, Respondents to the Appeal of Kimbra Marriott Widow, "That a Bye-day may be appointed, for hearing the said Cause, in regard the Counsel employed are to go the Circuit:"

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

Pontz and Wagner, Nat. Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing John Pontz and John Christopher Balthazar Wagner."

Smith, &c. to be added to Nat. Bill.

Upon reading the Petition of Conrade Smith, Joseph Bouer, and Isaac Lermet; praying to be added to the said Bill:

It is Ordered, That the said Petition do lie on the Table, till the said Bill be read a Second Time.

Major Cockrane versus Ld. Blantyre.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Major Thomas Cochrane is Appellant, and Robert Lord Blantyre is Respondent:"

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

Cockrane to enter into Recognizance for E. Dundonald.

The House being moved, "That Major Thomas Cochrane may be permitted to enter into a Recognizance for Thomas Earl of Dundonald, on account of his Appeal depending in this House, to which James Hamilton Esquire, commonly called Marquis of Clydsdale, and others, are Respondents; the Appellant residing at present in Scotland:"

It Is Ordered, That the said Major Thomas Cochrane may enter into a Recognizance for the said Appellant, as desired.

Lady Shaw, alias Houstoun versus Sir John Schaw.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Dame Margaret Houstoun, alias Schaw, is Appellant, and Sir John Schaw Baronet 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.

Sir Alexander Cumming versus Ferguson.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir Alexander Cumming of Culter Baronet is Appellant, and James Ferguson of Pitfour is Respondent:"

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

Sir Alexander Cumming versus Pantoun.

The like Order for hearing the Cause wherein the said Sir Alexander Cumming is Appellant, and Robert Pantoune Merchant is Respondent, on Wednesday the Sixth Day of April next, at Eleven a Clock.

O'Hara to amend Appeal.

Upon reading the Petition of Sir Robert Adair; praying, "That Mr. Charles O Hara may be required immediately to amend his Appeal in this House, or that the same may be dismissed; he having had Leave, on the Twenty-sixth of January last, to amend the same, but has neglected so to do:"

It is Ordered, That the said Charles O Hara do peremptorily amend his said Appeal in a Week; or, in Default thereof, the Order, allowing him to amend the same, be discharged.

Adjourn.

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

DIE Veneris, 4o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Oxon.
Epus. Rossen.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Exon.
Epus. Landav.
Ds. King, Cancellarius.
Dux Devon, Præses.
Dux Dorset, Senescallus.
Dux Graston, Camerarius.
Dux Bolton.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Newcastle.
Dux Manchester.
March. Tweeddale.
Comes Lincoln.
Comes Yarmouth.
Comes Scarbrough.
Comes Rochford.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Ferrers.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Halifax.
Comes Harborough.
Comes Pomfret.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Compton.
Ds. Cornwallis.
Ds. Waldegrave.
Ds. Herbert.
Ds. Hay.
Ds. Bingley.
Ds. Lechmere.

PRAYERS.

Napier versus Napier & Ux.

This Day the Answer of Peter Napier and Margaret his Wife, to the Appeal of Gabriel Napier Writer in Edinburgh, was brought in.

Sir J. Lumley, Pet. referred to Judges.

Upon reading the Petition of Sir James Lumley Baronet, a Lunatic, by Elizabeth Neville Widow, the Committee of his Person and Estate; praying Leave to bring in a Bill, to repeal an Act of the Sixth Year of His present Majesty, to enable Sir James Lumley Baronet to settle a competent Jointure, and for other Purposes therein mentioned; and to vest several Farms, Lands, and Hereditaments, comprized in a Term of Ninety-nine Years, created by the Will of Sir Martin Lumley, deceased, the Petitioner's Father, for Payment of his Debts and Legacies, and also all other the Petitioner's Lands and Estate, except such Part thereof as is entailed by his Father's said Will, in Trustees, to be sold or mortgaged, or so much thereof as shall be sufficient to raise Money to pay off and discharge the Petitioner's late Father's Debts and Legacies, and also his own Debts; and that such Part thereof as shall remain unsold (if any such there shall be) be vested in Trustees, to the Use of the Petitioner, his Heirs and Assigns for ever:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Justice of the Court of Common Pleas; with the usual Directions, according to the Standing Orders.

L. Ashburnham's Pet. referred to Judges.

Upon reading the Petition of John Lord Ashburnham for himself and in Behalf of Henrietta Bridges Ashburnham his Daughter and John Ashburnham his Son, both Infants; praying Leave to bring in a Bill, for perfecting the Sale of the Parks of Brockborough and Beckerings, in the County of Bedford, pursuant to a Contract made with Ralph Radcliffe Esquire:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.

Compton Basset Field, to enclose, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing, or holding in Severalty, the Common Field, within the Parish of Compton Basset, in the County of Wilts."

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. John Bennet and Mr. Edwards:

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

Napier versus Napier & Ux.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Gabriel Napier Writer in Edinburgh is Appellant, and Peter Napier and Margaret his Wife are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Jeffery's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Warkleigh, and other Lands and Hereditaments, in the Parishes of Warkleigh, Satterly, and Roborough, in the County of Devon, the Estate of Thomas Jeffery of the City of Exon Merchant, towards raising Provisions for Susanna his Wife and their Children, for securing whereof the said Manor and Lands were at the Time of their Marriage made liable."

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

Dux Montagu.
Dux Kent.
Dux Manchester.
March. Tweeddale.
Comes Lincoln.
Comes Yarmouth.
Comes Scarbrough.
Comes Rochford.
Comes Cholmondeley.
Comes Findlater.
Comes Aberdeen.
Comes Ferrers.
Comes Strafford.
Comes Aylesford.
Comes Harborough.
Comes Pomfret.
V. Hatton.
V. Tadcaster.
V. St. John.
Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Compton.
Ds. Cornwallis.
Ds. Waldegrave.
Ds. Herbert.
Ds. Hay.
Ds. Bingley.
Ds. Lechmere.

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.

Sleigh's Pet. concerning Squier's Appeal.

Upon reading the Petition of Hugh Sleigh of Leeds in the County of York Gentleman; setting forth, That, under a Decree of the Court of Chancery, in July 1722, the Petitioner purchased of Dame Rachel Pershall a Moiety of an Estate, which he has ever since quietly enjoyed; against which Decree, he is informed, an Appeal has been lately presented to this House, without making the Petitioner a Party;" and praying, "That the Appellant Arthur Squier Gentleman may either make the Petitioner a Party, or that the said Appeal may be dismissed:"

It is Ordered, That on Tuesday next, this House shall be put into a Committee, to consider of this Petition, as also of the said Appeal; and that the Petitioner do give Notice to the Appellant and Respondent, or their Agents or Clerks in Court, that they may be at Liberty to attend the said Committee, if they think fit; and that the said Petition and Appeal be referred to the said Committee.

Cornwall versus Bowles.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Francis Cornwall Esquire is Appellant, and William Bowles Esquire is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Smith & al. sworn for Naturalization.

This Day Conrade Smith, Joseph Bouer, and Isaac Lermet, took the Oaths of Allegiance and Supremacy, in order to their Naturalization.

Parker versus Stanley & al.

Upon reading the Petition of Margaret Parker Widow; praying, "That Thomas Stanley and Catherine his Wife and Hannah Dixon may peremptorily put in their Answers to the Petitioner's Appeal, within such reasonable Time as shall be thought fit:"

And thereupon an Affidavit of due Service of the Order for answering, on the Respondent Stanley and his Wife, being read; but no Proof being made of such Service on the Respondent Dixon:

It is Ordered, That the said Respondents Stanley and his Wife do peremptorily put in their Answer to the said Appeal in a Week; and that the said Respondent Dixon do put in her Answer thereunto, within a Fortnight after due Service of this Order.

Pontz and Wagner, Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Pontz and John Christopher Balthazar Wagner."

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

Their Lordships, or any Five of them; to meet on Tuesday next, at the same Place; and to adjourn as they please:

And that the Petition of Conrade Smith, Joseph Bouer, and Isaac Lermet; praying to be added to the said Bill, which, on Wednesday last, was ordered to lie on the Table till the Second Reading thereof, be referred to the said Committee.

Sir F. Burke's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Sir Festus Burke Baronet, towards discharging the Debts and Incumbrances affecting the same; and for making a Provision for the Lady Letitia his Wife, Eldest Daughter of the Right Honourable John late Earl of Clanrukard in the Kingdom of Ireland."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom Mr. Jessery's Bill stands committed:

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

Adjourn.

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

DIE Lunæ, 7o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Exon.
Ds. King, Cancellarius.
Dux Devon, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Huntingdon.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Leicester.
Comes Warwick & Holland.
Comes Chesterfield.
Comes Scarsdale.
Comes Clarendon & Roffens.
2. Comes Burlington.
1. Comes Essex.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Harborough.
Comes Pomfret.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Ds. Percy.
Ds. Delawarr.
Ds. Clinton.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Weston.
Ds. Herbert.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

Sir J. Rous versus Bence & al.

The several Answers of Robert Bence and John Russell Gentlemen, John Howse Esquire and Lucy his Wife, and Charles Ward Clerk, to the Appeal of Sir John Rouse Baronet:

Sir J. Rous versus Barker.

Also, the Answer of John Barker Gentleman to the Appeal of the said Sir John Rouse Baronet:

Floyer versus Johnson.

As also, the Answer of Richard Johnson Esquire to the Appeal of John Floyer Esquire:

Were this Day brought in.

E. of Chesterfield takes his Seat.

Philip Dormer Earl of Chesterfield sat first in Parliament, after the Death of his Father Philip Earl of Chesterfield; his Lordship having first taken the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Hodges to answer peremptorily.

The House was informed, "That John Hodges, who, by Order of this House of the Twenty-fifth of January last, was required to put in his Answer to the Appeal of Isaac Helbutt on or before the Eighth Day of February following has neglected to put in his Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon Joshua Hatfield Gentleman being called in, and examined, upon Oath, at the Bar, touching the said Service:

And being withdrawn:

It is Ordered, That the said John Hodges do peremptorily put in his Answer to the said Appeal by Friday next.

Crosley versus Shadforth.

Upon reading the Petition and Appeal of Nathaniel Crosley; complaining of a Decree of the Court of Exchequer, of the One and Twentieth of February One Thousand Seven Hundred Twenty-two, and the Confirmation thereof; and also the Confirmation of a Report made by the Deputy Remembrancer of the said Court, the Two and Twentieth of February last, in a Cause wherein the Petitioner was Plaintiff, and George Shadforth and others were Defendants; and in a Cross Cause, wherein the said George Shadforth was Plaintiff, and the Petitioner was Defendant; and praying, That the said Decree and Proceedings may be reversed:"

It is Ordered, That the said George Shadforth may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the One and Twentieth Day of this Instant March.

Trinity House versus Noble.

Upon reading the Petition of James Lisle of Staples Inn, London, Gentleman; setting forth, "That he, immediately upon the Receipt of the Order of this House, "That Service upon him, for his Client Noble's putting in an Answer to the Appeal of the Master, Wardens, and Assistants of Trinity House, should be deemed good Service," wrote to him in the County of Durham; but hath received no Answer, nor can he justify putting in an Answer without his Directions;" and praying "such further Time may be allowed, for the said Noble's putting in his Answer, as shall be thought meet:"

It is Ordered, That the Time allowed for putting in the said Answer to the said Appeal be enlarged till Monday the Twenty-eighth Day of this Instant March.

Trye, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Thomas Trye of Hardwick in the County of Gloucester Esquire and Mary his Wife, William Trye and Brandon Trye Gentlemen, and John Longford Clerk and Elizabeth his Wife, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Earl Ferrers versus Count. Dowager Ferrers & al.

After hearing Counsel, in Part, upon the Petition and Appeal of Washington Earl Ferrers; complaining of a Decree and Orders of the Court of Chancery, in a Cause wherein the Appellant was Plaintiff, and Selina Countess Dowager Ferrers and others were Defendants; as also upon the Answer of the said Countess and others put in to the said Appeal:

It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow.

Times for bringing Appeals, to limit.

Whereas To-morrow is appointed, to take into Consideration the limiting of the Times for bringing in Appeals:

It is Ordered, That this Matter be taken into Consideration on Saturday next; and the Lords to be summoned; and that all the Judges then in Town do attend.

Sleigh's Pet. concerning Squier's Appeal.

Whereas To-morrow is appointed, for the House to be in a Committee, to take into Consideration the Petition of Hugh Sleigh Gentleman, relating to the Appeal of Arthur Squier Gentleman, as also the said Petition and Appeal:

It is Ordered, That, on Saturday next, this House shall be put into the said Committee.

Adjourn.

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

DIE Martis, 8o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon.
Ds. King, Cancellarius.
Dux Devon, Præses.
Dux Dorset, Senescallus.
Dux Graston, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Rutland.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Huntingdon.
Comes Pembroke.
Comes Lincoln.
Comes Leicester.
Comes Warwick.
Comes Chesterfield.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Harborough.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Ds. Percy.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Hunsdon.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Herbert.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

Earl Ferrers versus Count. Dowager Ferrers & al.

Counsel (according to Order) were called in, to be further heard, upon the Petition and Appeal of Washington Earl Ferrers; complaining of a Decree of the Court of Chancery, of the Two and Twentieth of February 1724, and the Orders and Report of the Sixth, Twelfth, and Sixteenth of March following, in a Cause wherein the Appellant was Plaintiff, and Selina Countess Dowager Ferrers, Robert, George, Sewallis, and John Shirley, Esquires, Sir George Beaumont Baronet, George Townshend Senior Esquire, and Thomas Harlewyn Gentleman, the Executors and Trustees of the Will of Robert late Earl Ferrers, Rowland Cotton Esquire, James Lord Compton, and the Lady Elizabeth his Wife, were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Selina Countess Dowager Ferrers, Robert, George, Sewallis, and John Shirley; and also of Sir George Beaumont, George Townshend Senior, Thomas Harlewyn, and Rowland Cotton, put in to the said Appeal.

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

And the Counsel for the Respondents, on all their Behalfs, likewise acquainting the House, "That the said Respondents did consent to the said written Agreement:"

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

And the Counsel were directed to withdraw.

And, being withdrawn, the said written Agreement was read, by the Clerk, at the Table.

And, after Consideration had in relation to this Matter, it is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, according to the said written Agreement, That the said Decree be affirmed, with the following Directions; (videlicet,) "That the Possession be delivered of the Warwickshire Estate to Mr. Robert Shirley before Lady-day next; that the Possession of the Jointure Estate in Leicestershire be delivered to the Countess before Lady-day next; that the Annuities to the Younger Sons be charged on the Staffordshire Estate; that the Possession of the Irish Estate be delivered, before the First Day of May next, to Mr. Robert Shirley and his Three Younger Brothers; that thereupon the Receiver of the Staffordshire Estate be discharged, and Possession thereof delivered to the Earl before Lady-day next; that all Arrears, Profits, and Costs, and all other Matters in Dispute, be referred to the Right Honourable the Lord Chancellor, Lord Viscount Harcourt, and Lord Trevor, or any Two of them, to be adjusted and moderated as their Lordships shall think fit; and that their Lordships, or any Two of them, be desired, for the quieting the Family, to propose a Plan of an Act of Parliament, for the settling the Jointure Estate upon the Lady Dowager Ferrers, during her Widowhood; the Warwickshire. Estate, according to the Uses of the Deed of Third of March One Thousand Seven Hundred and Thirteen; and the Irish Estate, according to the Deed of Twenty-ninth of January 1714; and to secure the Annuities to the Three Younger Sons on the Staffordshire Estate; and to secure the Benefit of the Term of One Thousand Years on the Staffordshire Estate to the Earl, his Executors or Administrators."

Lowndes Pet. referred to Judges.

Upon reading the Petition of Charles Lowndes, Richard Lowndes, and Joseph Lowndes, Gentlemen, and of Robert Lowndes Esquire, on Behalf of himself and his Five Infant Sons, Richard, Robert, John, Roger, and Henry Lowndes; and of William Lowndes Esquire, on Behalf of himself and his Six Infant Sons, William, Layton, Charles, Richard, Henry, and Thomas Lowndes; praying Leave to bring in a Bill, to enable the Petitioner Charles Lowndes, and all the other Persons in Remainder after him, to make Contracts for getting in Brick Earth, and grant Building-leases, of the House and Ground called Spring Garden, and other the Ground, called Great Spittlefield and Little Spittlefield, in the Parishes of St. Martin in the Fields and Chelsea, in the County of Middlesex, late the Estate of William Lowndes Esquire, deceased:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.

Pontz and Wagner, Nat. Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Pontz and John Christopher Balthazar Wagner," was committed: "That they had considered the said Bill, and made some Amendments thereunto."

Which, being read Twice, were agreed to.

Ransford's Bill.

The Lord Bishop of Norwich also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Trustees of Edward Ransford Esquire to make Leases of certain Messuages, Houses, and Plots of Ground, in and near the City of Dublin," 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 were read Twice, and agreed to.

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

Floyer versus Johnson.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Floyer Esquire is Appellant, and Richard Johnson Esquire is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Trye's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Manors of Hardwick and Haresfield, and other Lands, in the County of Gloucester, the Estate of Thomas Trye Esquire, to be sold, for Payment of his Debts; and for other Purposes therein mentioned."

Brand versus Wilmott & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Brand is Appellant, and John Wilmot, Jonathan Welch, and Thomas Alsop, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the next vacant Day for Causes after those already appointed.

Adjourn.

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

DIE Mercurii, 9o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Asaphens.
Epus. Roffen.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Landav.
Ds. King, Cancellarius.
Dux Dorset, Senescallus.
Dux Bolton.
Dux Kent.
Dux Greenwich.
Dux Chandos.
March. Tweeddale.
Comes Lincoln.
Comes Warwick.
Comes Scarsdale.
Comes Clarendon.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Strafford.
2. Comes Aylesford.
1. Comes Tankerville.
Comes Harborough.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
Viscount Harcourt.
Viscount Torrington.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Herbert.
Ds. Hay.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.

PRAYERS.

Haldane versus Sir A. Anstruther & al.

The joint and several Answers of Sir Alexander Anslruther Baronet, Robert Lumsden of Innergellie, Lady Dowager of Innergellie his Mother, Mr. Walter Wilson, and Sir John Anstruther Baronet, to the Appeal of Patrick Haldane Esquire:

Sir J. Home versus Home of Kaimes.

As also the Answer of George Home of Kaimes, to the Appeal of Sir John Home Heir to Sir Patrick Home Baronet, deceased;

Were this Day brought in.

Fangfosse Fields, to enclose, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming several Awards made for enclosing and dividing the Common Fields and Common Grounds, within the Manors of Fangfosse cum Spittle and Scagglethorpe, in the County of York," was committed: "That they had gone through the Bill, and made One Amendment thereunto."

Which was read Twice, and agreed to.

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

McCulloch versus McCulloch.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein David McCulloch is Appellant, and Christian Mc Culloch is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Wynn versus Wynn.

After hearing Counsel, upon the Petition and Appeal of Maurice Wynn Esquire, only Son and Heir of Owen Wynn Esquire, deceased; complaining of an Order made by the Master of the Rolls, the Fifth of June 1722, and Affirmance thereof by the then Lord Chancellor, the Eighth of February 1723, and the Report of a Master in Chancery, in Pursuance of the said Orders, the Thirtieth of June 1724, and also of a Decree made by the Commissioners for the Custody of the Great Seal the Fifteenth of January following, in a Cause wherein the Appellant was Plaintiff, and Richard Wynne Gentleman and others were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Richard Wynn put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

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

Bayly, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Zachary Bayly Gentleman and Mercy his Wife, on the Behalf of themselves, and of Joseph, Jane, Mercy, and Elizabeth Bayly, their Infant Children, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Hodie 1a vice lecta est Billa, intituled, "An Act for discharging certain Lands, in the County of Wilts, from the Uses and Estates limited thereof in the Settlement made by Zachary Bayly Gentleman after his Marriage with Mercy his Wife; and for settling other Lands, of greater Yearly Value, in the Counties of Somerset and Wilts, in Lieu thereof."

Byde, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Thomas Byde Esquire and Katherine his Wife, and John Byde Esquire, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Hodie 1a vice lecta est Billa, intituled, "An Act for confirming a Lease made by Thomas Byde Esquire to James Fordham therein mentioned; and to enable him to let Leases of any Part of his Estate for any Number of Years, not exceeding Eighty-eight Years."

Forbes versus Galloway.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Forbes of Watertoun is Appellant, and John Galloway of Baldivie is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Haldane versus Sir A. Anstruther.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Patrick Haldane Esquire is Appellant, and Sir Alexander Anstruther Baronet, Robert Lumsden, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the next vacant Day for Causes after those already appointed.

Burt & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Rebecca Burt Widow and others, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of John Burt, deceased, in the County of Southampton."

Walker versus Nightingale & al.

The House was informed, "That Joseph Gascoigne Nightingale and Francis Chamberlain, who by Order of this House of the Third of February last, were required to put in their Answers to the Appeal of John Walker of London Merchant on or before the Seventeenth of the same Month, have neglected so to do, though duly served with the said Order for that Purpose."

And thereupon John Pughe being called in, and examined upon Oath, at the Bar, touching the said Service:

And being withdrawn:

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal in a Week.

Noke's Pet:

Upon reading the Petition of James Noke; praying, That Service of the Order of this House upon the Clerk in Court of Richard Darby Esquire and his Wife, to put in their Answer to the Petitioner's Appeal, may be deemed good Service; they not being to be found:"

And thereupon William Huck being called in, and examined upon Oath, touching the Allegation of the said Petition:

And being withdrawn:

Rejected.

It is Ordered, That the said Petition be rejected.

Adjourn.

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