House of Lords Journal Volume 23: February 1727, 21-28

February 1726, 21-28

DIE Martis, 21^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Trott & al. peremptorily to answer Danson's Appeal.

The House was informed, "That Nicholas Trott Esquire and Anne his Wife, and Elizabeth Moor Widow, who, by Order of this House of the First Day of this Instant February, were required to put in their Answer or respective Answers to the Appeal of Mary Danson Widow on or before the Fifteenth of the same Month, have neglected so to do, though duly served with the said Order for that Purpose."

And thereupon John Meackham 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And being withdrawn: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

Pakenham versus Hoskins:

After hearing Counsel, upon the Petition and Appeal of Robert Pakenham Esquire; complaining of a Decree of Dismission made by the Master of the Rolls, the Fifteenth Day of June One Thousand Seven Hundred and Twenty-four, in a Cause wherein the Appellant was Plaintiff, and William Hoskyns Esquire, Humphrey Burgoine, John Bland, and Joseph Budd, were Defendants; and the Affirmance of the said Decree by the Lord Chancellor the Thirteenth of July One Thousand Seven Hundred and Twenty-five; and praying, That the same may be reversed:" As also upon the Answer of the said Defendants put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

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

Sir Edward Southcott & al. Petition referred to Judges.

Upon reading the Petition of Sir Edward Southcott Knight and Dame Jane his Wife, John Southcott Esquire, Eldest Son of the said Sir Edward and Mary his Wife, Thomas, Edward, and Philip Southcott, Younger Sons of the said Sir Edward Southcott; praying Leave to bring in a Bill, for Sale of the Manors of Albury and Chalvedon, alias Chaldon, and other Lands, in the County of Surry, to the Value of Two Hundred and Twentyone Pounds and Five Shillings per Annum; and for settling the Capital Messuage of Witham Place, and other Lands in Essex, of the like Yearly Value, to the same Uses:

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. Baron Comyns; with the usual Directions, according to the Standing Orders.

Amphlett's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Copyhold and other Lands in John Amphlett Esquire, in Lieu of the Freehold Lands agreed to be purchased and settled on him by the Marriage Articles of Joseph Amphlett Esquire, his late Father, with Anne his Wife (both deceased); and for making Provision for the Younger Children of that Marriage."

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 Wednesday the Eighth Day of March next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Jones & Ux. versus Kenrick:

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Jasper Jones Gentleman and Frances his Wife are Appellants, and John Kenrick Esquire is Respondent:"

Hearing appointed.

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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum secundum diem instantis Februaru, hora undecima Auroræ, Domini sic decernentibus.

DIE Mercurii, 22^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thurston versus Essington & Ux.

This Day the Answer of John Essington Esquire and Mary his Wife, to the Appeal of Mary Thurston Widow:

Orlebar versus Paxton.

As also, the Answer of Nicholas Paxton, to the Appeal of John Orlebar Esquire;

Were brought in.

Biodnax, to change his Name to May, Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Thomas Brodnax Esquire, and the Heirs and Issue of his Body, to take and use the Surname of May," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ellison versus Stewart:

This Day being appointed, to hear Counsel, upon the Petition and Appeal of Nathan Ellison of the City of Dublin Merchant; complaining of an Order of the Court of Chancery in Ireland, made the Sixth of July One Thousand Seven Hundred and Twenty-three, in a Cause wherein William Stewart was Plaintiff, and the Appellant Defendant; and of a subsequent Order of the Twenty-eighth of November following, directing an Issue at Law to be tried, in the Court of Common Pleas in the said Kingdom, touching the Execution of an Assignment in Question; and also of an Order made the Nineteenth of November One Thousand Seven Hundred and Twenty-four, whereby the Verdict obtained on the said Trial was set aside, and a new Trial ordered; and also of an Order made on the Appellant's Petition to set aside the Order for the new Trial, and likewise of all the Orders made in the said Court of Chancery, after obtaining the said Verdict; and praying, "That the same may be reversed; and that the Plaintiff's said Bill may be dismissed, with Costs."

Counsel accordingly appeared for the Appellant; who were heard upon the Matters contained in the said Appeal.

But no Counsel appeared for the said William Stewart the Respondent.

And the Appellant's Counsel being withdrawn:

And due Consideration had of what was offered in this Cause:

Orders reversed, Respondent's Bill dismissed, with full Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That all the Orders and Proceedings made in the said Cause in the Court of Chancery in Ireland, after the said Order of the Sixth of July One Thousand Seven Hundred and Twenty-three, be, and are hereby, reversed: And it is hereby further Ordered, That the Respondent's Bill in the said Court be, and the same is hereby, dismissed, with full Costs, both at Law and in Equity, to be settled by the proper Officers; and that the same, when so settled, be paid by the Respondent to the Appellant.

Brednax, to change his Name to May, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Thomas Brodnax Esquire, and the Heirs and Issue of his Body, to take and use the Surname of May."

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. John Bennet and Mr. Thomas Bennet:

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

Cunningham versus Preston & al.

Upon reading the Petition and Appeal of Henry Cunningham of Buquhan Esquire; complaining of Part of an Interlocutory of the Lords of Session in Scotland, of the Fourth Day of this Instant February, made on the Behalf of George Preston, John Dundas, John Wilkie, Robert Main, Robert Steadman, James Gibson, David Smeatoun, John Craich, Robert Morris, Daniel Drummond, and James Bowers; and praying, "That so much of the said Interlocutory, as absolved Mr. Preston and the other Defendants from the Petitioner's Declarator, may be reversed:"

It is Ordered, That the said George Preston and the other Defendants 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 Two and Twentieth Day of March next; and that Service of this Order on the Respondents Agent, or Writer, in the Court of Session in Scotland, be deemed good Service.

Byrne to amend Appeal.

Upon reading the Petition of Gerald Byrne Gentleman, Appellant in a Cause depending in this House, to which Jane Morley, Geffry Luther, and others, are Respondents; praying Leave to amend his Appeal, with respect to the Dates of some of the Orders therein mentioned to be complained of, which are misrecited:

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

Adjourn.

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

DIE Jovis, 23^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bean versus Lansdell.

This Day the Answer of John Lansdell Esquire, to the Appeal of Charles Bean, was brought in.

Bean's Petition, for Books and Papers.

Upon reading the Petition of the Reverend Charles Bean, Appellant in a Cause depending in this House, to which John Lansdell Esquire is Respondent; setting forth, "That, upon the Accompt taken in this Cause, the Petitioner brought before the Deputy Remembrancer of the Court of Exchequer several Books of Accompts, and other Papers, which were necessary to be produced before him, and which are material to be produced on the Hearing in this House;" and praying, "That the said Deputy Remembrancer may forthwith deliver unto the Petitioner the said Books and Papers:"

It is Ordered, That the Petitioner be at Liberty to resort to the said Books and Papers in the said Deputy Remembrancer's Custody, to inspect the same; and that the said Deputy do attend this House therewith, on hearing the said Cause.

Orlebar versus Paxton & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Orlebar Esquire is Appellant, and Nicholas Paxton and Edward Conway Esquire 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.

Williams versus Lane & al.:

After hearing Counsel, upon the Petition and Appeal of Edward Williams Gentleman; complaining of several Orders, or Decrees, of the Court of Chancery in Ireland, made the Nineteenth of November One Thousand Seven Hundred and Nineteen, the Fifteenth of February One Thousand Seven Hundred and Twentytwo, the Nineteenth of July One Thousand Seven Hundred and Twenty-three, and the Seventh of May One Thousand Seven Hundred and Twenty-four, in a Cause wherein the Appellant was Plaintiff, and James Lord Viscount Lanesborough Defendant; and praying, "That the same may be reversed:" As also upon the Answer of John Bell Lane Esquire, Nephew and Heir to the said Lord Viscount Lanesborough, deceased, and of Mary Viscountess Lanesborough, sole Executrix of the said Lord Viscount, put in to the said Appeal; and due Consideration had of what was offered in this 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 the same are hereby, affirmed.

Bean versus Lansdell:

The House being moved, "That a Bye-day may be appointed, for hearing the Cause wherein the Reverend Charles Bean is Appellant, and John Lansdell Esquire Respondent, both Parties consenting:"

Hearing appointed on a Bye day.

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

Mr. Cavendish & al. Petition referred to Judges.

Upon reading the Petition of James Cavendish Esquire and Anne his Wife, for themselves and in Behalf of their Children William and Elizabeth Cavendish both Infants, and Dudley North of Glemham in the County of Suffolk Esquire, for himself and in Behalf of his Children Dudley, Anne, and Mary North, all Infants; praying Leave to bring in a Bill, to vest the Real Estate late of Elibu Yale Esquire, deceased, in the County of Denbigh, in Trustees, to be sold, for Performance of the Will of Ursula Yale, and for the Benefit of the Petitioners the said Anne Cavendish and the Infants, according to their respective Interests therein:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Price and Mr. Justice Probyn; with the usual Directions, according to the Standing Orders.

L. Southwell & al. Petition referred to Judges.

Upon reading the Petition of Thomas Lord Southwell Baron of Castle Mattres in the Kingdom of Ireland, in Behalf of himself and of Thomas Southwell and Coningesby Southwell his Infant Sons, Mary Lady Southwell his Wife, Henry Southwell Esquire his Brother, Edward Southwell Esquire, in Behalf of himself, and Edmund, Richard, and William Southwell, and of Frances and Lucy Southwell, Infants, Brothers and Sisters of the said Thomas Lord Southwell, to whom he is Guardian, Thomas Coke, John Coke, and John Hardinge, Esquires; praying Leave to bring in a Bill, for enabling the said Lord Southwell and Trustees to be named, by making Fee Farms and Leases for Lives renewable for ever of all and singular the Premises in the said Kingdom, and by Sale or Mortgage of the unsettled Estate, or any Part thereof, to raise Money, for paying several Debts; Legacies, and Incumbrances, and for purchasing-in Two Annuities in the Petition mentioned; and for making good the Leases made by the Petitioner's Father exceeding the Power given him by his Settlement; and for settling upon the Family what shall remain unfold of the said unsettled Estate:

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 Mr. Justice Price; with the usual Directions, according to the Standing Orders.

Yate & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of John Yate Gentleman and Anne his Wife, Joyce Sprott Widow, John Baldwyn, William Haslewood, and William Dobles, Gentlemen, 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 1^a vice lecta est Billa, intituled, "An Act for the Sale of certain Houses and Lands, in the Town and Liberties of Bridgnorth, in the County of Salop, contained in the Marriage Settlement of John Yate Gentleman; and for the purchasing and settling other Land, of as great Yearly Value, to the same Uses."

Adjourn.

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

DIE Veneris, 24^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Archbp. of Cashell versus The King's Serjeant.

This Day the Answer of Sir John Cheshyre, His Majesty's Serjeant at Law, to the Appeal of His Majesty's Attorney General, at the Relation of William Lord Archbishop of Cashell in the Kingdom of Ireland and others, was brought in.

Lindberg & al. Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Abraham Lindberg and others;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Van Dalom & al. Petitions to be added to Nat. Bill.

A Petition of Herman Van Dalom and James Benezet:

Likewise, a Petition of William Medburst:

As also, a Petition of Daniel Rebotier Gentleman; praying to be added to the Bill, intituled, "An Act for naturalizing Abraham Lindberg and others;"

Were severally presented to the House, and read.

And severally ordered to lie on the Table, till the said Bill be read a Second Time.

Squier versus Lady Pershall.

After hearing Counsel, upon the Petition and Appeal of Arthur Squier Gentleman; complaining of several Orders and Decrees of the Court of Chancery, of the Twenty-fourth of January 1718, the First of July and Tenth of December 1719, in certain Causes, wherein the Lady Rachell Pershall was Plaintiff, and the Appellant and others were Defendants, and wherein the Appellant was Plaintiff, and the said Lady Pershall and others were Defendants; and praying, "That the said Orders, or Decrees, may be reversed:" As also upon the Answer of the said Lady Pershall put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decrees affirmed, except as to Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Orders, or Decrees, of the Twenty-fourth of January One Thousand Seven Hundred and Eighteen, and the First of July One Thousand Seven Hundred and Nineteen, complained of in the said Appeal, be, and are hereby, affirmed: And it is further Ordered and Adjudged, That so much of the said Decree of the Court of Chancery, of the Tenth of December One Thousand Seven Hundred and Nineteen, as directs Costs in Equity to be paid by the Appellant in either of the Causes abovementioned, be, and is hereby, reversed; but that the same Decree in all other respects be, and is hereby, affirmed: And it is hereby further Ordered, That what of the said Costs in Equity the Appellant may have already paid, be re-paid to him by the Respondent.

D Dorset & al. Petition referred to Judges.

Upon reading the Petition of Lionel Duke of Dorset, and of Henry Lord Viscount Palmerston, Thomas Lord Onslow, and of the rest of the Trustees of the Estate late of Henry Smith Esquire, deceased; praying Leave to bring in a Bill, to make effectual an Exchange of Sixteen Acres Seventeen Perches and a Half of Land, and Coppice, Part of the Trust Estate of the said Henry Smith, lying near Knole Park, in the County of Kent, of the Yearly Rent of Eight Pounds, for a Rent Charge of Ten Pounds a Year, clear of all Charges and Deductions whatsoever, to the same Uses as the said Lands are now settled:

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. Baron Comyns; with the usual Directions, according to the Standing Orders.

Yate's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Sale of certain Houses and Lands, in the Town and Liberties of Bridgnorth, in the County of Salop, contained in the Marriage Settlement of John Yate Gentleman; and for the purchasing and settling other Lands, of as great Yearly Value, to the same Uses."

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 Monday the Thirteenth Day of March next, 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, vicesimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 27^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lockman versus Attorney General.

This Day the Answer of Sir Philip Yorke Knight His Majesty's Attorney General, for and on Behalf of His Majesty, to the Appeal of Ajcanius Christopher Lockman Esquire and Elizabeth his Wife:

Sutton & al. versus Attorney General.

Also, the Answer of Sir Philip Yorke His Majesty's Attorney General, for and on Behalf of His Majesty, to the Appeal of Prideaux Sutton Clerk, Mercy Sheldon Spinster, and Giles Lawrence Gentleman:

Danson versus Tiott & al.

Likewise, the Answer of Nicholas Trott and Anne his Wife, and Elizabeth Moore Widow, to the Appeal of Mary Danson Widow:

L. Lovat versus Mackenzie & al.

Also, the Answer of Rodorick Mackenzie, Second Son to Alexander Mackenzie of Frazerdale, and Sir James Sinclair of Dunbeath his Guardian, and others, to the Appeal of Simon Lord Lovat:

Middleton versus Roberts.

Likewise, the Answer of John Roberts Esquire, to the Appeal of Philip Middleton Merchant:

Kerrich versus Bransby.

Also, the Answer of Bridget Bransby Widow and Astley Bransby an Infant, her Son, to the Appeal of John Kerrich:

As also, the Answer of Bridget Bransby Widow, and Astley Bransby an Infant, her Son, to the Appeal of Anne Kerrich Widow, Giles Bladwell and Elizabeth his Wife;

Were brought in.

Palmer's Petition referred to Judges.

Upon reading the Petition of Anthony Palmer and Susannah his Wife, on Behalf of themselves, and of Anthony, William, and John, Infants, their Three Sons and only Children, and also of Lewis Buckle of Borden in the County of Southampton Esquire; praying Leave to bring in a Bill, for confirming the Sale of certain Lands in Borden to the Petitioner Lewis Buckle; and for settling other Lands in Riplington to the same Uses:

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 Mr. Justice Price; with the usual Directions, according to the Standing Orders.

L. Lovat versus Mackenzie & al.

The House being moved, on the Behalf of Rodorick Mackenzie and others, Respondents to the Appeal of Simon Lord Lovat, "That Tuesday the Twenty-eighth Day of March next may be appointed for hearing the said Cause, in regard great Inconveniencies may happen to the said Respondents, if the same be not determined this Session:"

Hearing appointed on a Bye-day.

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

No Motion for hearing a Cause on a Bye-day, to be granted the same Day made.

Ordered, That no Motion for hearing any Cause on a Bye-day, for the future, shall be granted the same Day it is made; but another Day shall be appointed, for considering the said Motion; and the Lords to be summoned.

Squier versus Dowell:

After hearing Counsel, upon the Petition and Appeal of Arthur Squier Gentleman; complaining of a Decree made in the Court of Chancery, the Third Day of July One Thousand Seven Hundred and Twenty-four, in a Cause wherein the Appellant was Plaintiff, and John Baker Dowell Esquire Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said John Baker Dowell 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 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 One Hundred Pounds, for his Costs in respect of the said Appeal.

Franks's Petition, touching Harrison's Appeal, to he on the Table.

Upon reading the Petition of Isaac Franks; praying, "In regard the Order of the Court of Exchequer, appealed from by Thomas Harrison Esquire, does not affect the Petitioner, though he is required by Order of this House to put in his Answer to the said Appeal; that the same, as to the Petitioner, may be rejected, with Costs:"

It is Ordered, That the said Petition do lie on the Table; but not to supersede the said Order requiring the Petitioner to put in his Answer to the said Appeal.

E. Scarsdale and L. Bathurst, Leave for a Bill.

Upon reading the Petition of Nicholas Earl of Scarsdale and Allen Lord Bathurst; praying Leave to bring in a Bill, for appointing Commissioners, to make an Allotment of certain Common Field Lands and Waste, in the County of Derby, as shall be just and equal, and such Recompence for Tithes, Common, and other Rights, as shall be just and meet:

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

Ram peremptonly to answer E. Anglesey's Appeal.

The House was informed, "That Abel Ram Esquire, who, by Order of this House of the Seventeenth of. January last, was required to put in his Answer to the Appeal of Arthur Earl of Anglesey on or before. the Twenty-first Day of this Instant February, has neglected so to do, though duly served with the said Order for that Purpose:"

And thereupon an Affidavit, made by Robert Brady Gentleman, of the due Service of the said Order, being read:

It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal in a Week.

Vise. Mount Cashell & al. peremptonly to answer Dillon's Appeal.

The House was also informed, "That Catherine Viscountess Dowager Mount Cashell and Morgan Magan Esquire, who, by Order of this House of the Twentieth of January last, were required to put in their Answers to the Appeal of Robert Dillon Esquire and the Lady Shaen his Wife on or before the Twentyfourth Day of this Instant February, have neglected so to do, though duly served with the said Order for that Purpose:"

And thereupon an Affidavit, made by Michael Chevers Gentleman, of the due Service of the said Order, being read:

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

Shaen & al. peremptorily to answer Dillon's Appeal.

The House was likewise informed, "That Frances Shaen, Elizabeth Shaen, and Susanna Shaen, Minors, by their prochein Amie Thomas Magan Esquire, who, by Order of this House of the Twentieth of January last, were required to put in their Answers to the Appeal of Robert Dillon Esquire and Susanna Lady Shaen his Wife on or before the Twenty-fourth Day of this Instant February, have neglected so to do, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by the said Michael Chevers, of the due Service of the said Order, being read:

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

Sainthill's Petition referred to Judges.

Upon reading the Petition of Edward Sainthill Esquire, and Edward Sainthill Esquire his Son and Frances his Wife; praying Leave to bring in a Bill, for confirming certain Articles made on the Marriage of the Petitioners Edward the Son and Frances his Wife:

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 Price; with the usual Directions, according to the Standing Orders.

Kinaston & Ux. Petition referred to Judges.

Upon reading the Petition of William Kinaston Esquire, One of the Masters of the High Court of Chancery, and Dorothy his Wife; praying Leave to bring in a Bill, to vest the Inheritance of several Messuages, Lands, and Hereditaments, in the Counties of Salop, Flint, and Montgomery, in Trustees, to be sold, for Payment of Debts, and for other Purposes in the Petition mentioned:

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 Mr. Justice Price; with the usual Directions, according to the Standing Orders.

Berney & al. Petition referred to Judges.

Upon reading the Petition of Anne Berney, Relict of Thomas Berney Esquire, deceased, on Behalf of herself and John Berney an Infant her Son, Robert Suckling Esquire, and Maurice Suckling Clerk; praying Leave to bring in a Bill, for Sale of Part of certain Premises, in the County of Norfolk, for Payment of Mortgages and other Incumbrances affecting the same:

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.

Sir Redmond Everard & Ux. Petition referred to Judges.

Upon reading the Petition of Sir Redmond Everard Baronet and Dame Mary his Wife; praying Leave to bring in a Bill, for enabling Trustees to sell a sufficient Part of an Estate, in the County of Tipperary, in the Kingdom of Ireland, for Payment of Incumbrances of Six Thousand Nine Hundred and Twelve Pounds, affecting the same:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Price and Mr. Baron Hale; with the usual Directions, according to the Standing Orders.

Roberts's Petition, to receive a Cross Appeal, to be considered.

Upon reading the Petition of John Roberts Esquire; praying, "That a Cross Appeal of the Petitioner's may be received; there being no Day appointed for hearing the Appeal of Philip Middleton Merchant, to which the Petitioner is Respondent:"

And thereupon Mr. Alexander Hamilton, the Petitioner's Agent, being called in, and examined touching the Allegations of the said Petition:

And the Standing Order, limiting the Times for bringing in Appeals, being read:

It is Ordered, That on Saturday next this House will take into Consideration the said Petition and Standing Order; and the Lords to be summoned.

Standing Order relating to printed Cases to be considered.

The House being moved, "To take into Consideration the Standing Order, requiring that printed Cases on Appeals be left with the Clerk Two Days before the Hearing; in regard the same is not duly complied with:"

It is Ordered, That the said Standing Order be taken into Consideration on Saturday next.

Guillemau's Nat. Bill.

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

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 Thursday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Persons to be naturalized sworn.

This Day Herman Van Dalom, James Benezet, William Medhurst, and Daniel Rebotier, took the Oaths of Allegiance and Supremacy, at the Bar, in order to their Naturalization.

Lindberg & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Abraham Lindberg and others.

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

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

Ordered, That the Petition of Herman Van Dalom and James Benezet; also, the Petition of William Medhurst; as likewise, the Petition of Daniel Rebotier; praying to be added to the last mentioned Bill, which Petitions on Friday last were severally ordered to lie on the Table till the Second Reading thereof, be referred to the said Committee.

Adjourn.

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

DIE Martis, 28^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dutch. of Hamilton versus D. Argyll & al.

This Day the Answer of John Duke of Argyll and Greenwich and Archibald Earl of Ilay, Two of the Respondents to the Appeal of Elizabeth Dutchess of Hamilton and Brandon and others:

Harrison versus Hart.

Also, the Answer of Moses Hart, to the Appeal of Thomas Harrison Esquire:

Harrison versus Franks.

Likewise, the Answer of Isaac Franks, to the Appeal of the said Thomas Harrison:

Mac Guire versus Tabois.

Also, the Answer of Abraham Tabois, to the Appeal of Richard M'Guire:

Kerrich versus Kerrich.

As also, the Answer of John Kerrich, to the Appeal of Anne Kerrich Widow, Giles Bladwell and Elizabeth his Wife;

Were brought in.

Message from H. C. with a Bill.

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

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

Mayor & al. of Shrewsbury versus St. John's College in Cambridge:

After hearing Counsel, upon the Petition and Appeal of the Mayor, Aldermen, and Burgesses, of the Town of Shrewsbury, from a Decree of the Court of Exchequer, touching the Election of a Head School-master in the said Town:

Decree affirmed.

It was proposed, "That the Addition following should be made to the said Decree; (videlicet,) That nothing in this Decree shall any Way prejudice or alter the Right of the Appellants to make, from Time to Time, such Bye-laws or Ordinances as they shall think proper, pursuant to the Charter of King Edward the Sixth, with the Consent and Approbation of the Bishop of Litchfield and Coventry:"

After Debate;

The Question was put, "Whether such Addition shall be made?"

It was Resolved in the Negative.

Then the following Judgement was agreed to:

"After hearing Counsel, upon the Petition and Appeal of the Mayor, Aldermen, and Burgesses, of the Town of Shrewsbury; complaining of a Decree of the Court of Exchequer, made the Sixteenth Day of May last, in a Cause wherein His Majesty's Attorney General, at the Relation, and for and on the Behalf, of the Master, Fellows, and Scholars, of the College of St. John the Evangelist, in the University of Cambridge, was Plaintiff, and the Appellants and others were Defendants; and praying, That the same may be reversed: As also upon the Answer of the said Attorney General 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 Decree therein complained of be, and the same is hereby, affirmed."

Fysher & Ux. Petition referred to Judges.

Upon reading the Petition of Francis Fysher Esquire and Jane his Wife; praying Leave to bring in a Bill, for Sale of the Manor of Earlsfield, in the County of Lincoln; and for settling the Manor of Spandby, and other Premises, in the said County, to the same Uses as the said Manor of Earlsfield and other Premises are now settled:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Price and Mr. Baron Hale; with the usual Directions, according to the Standing Orders.

Governors of Queen Anne's Bounty, for Augmentation of small Vicarages, Leave for a Bill.

Upon reading the Petition of William Lord Archbishop of Canterbury, Thomas Lord Bishop of Ely, and George Stanhope Dean of Canterbury; praying Leave to bring in a Bill, to vest a Charitable Provision, in the Petition mentioned, in the Governors of the Bounty of Queen Anne, for the Augmentation of the Maintenance of the poor Clergy:

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

Harvey's Petition referred to Judges.

Upon reading the Petition of William Harvey Senior, of Chigwell in the County of Essex, Esquire; praying Leave to bring in a Bill, to sell or mortgage certain Manors, Lands, and Hereditaments, in the County of Hertford; and to settle certain Lands and Hereditaments, in the said County of Essex, clear of Incumbrances, to the same Uses:

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 Mr. Justice Price; with the usual Directions, according to the Standing Orders.

Fish and his Sister, Petition referred to Judges.

Upon reading the Petition of Hatcher Fish Esquire and Catherine Fish his Sister; praying Leave to bring in a Bill, for Sale of the Fifth Part of an Estate, in the County of Lincoln, belonging to the Petitioners Mother, for paying to the Petitioners certain Sums of Money, as in the Petition mentioned:

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. Baron Comyns; with the usual Directions, according to the Standing Orders.

Hooper & al. Petition referred to Judges.

Upon reading the Petition of Nicholas Hooper Esquire and Mary his Wife, Stephen Northleigh Esquire and Margaret his Wife, Sir George Chudleigh Baronet and Dame Frances his Wife, and Tryphena Davie; praying Leave to bring in a Bill, for confirming the Partition of the Estate late of Sir William Davie Baronet, deceased, in the County of Devon:

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 Price; with the usual Directions, according to the Standing Orders.

O Carroll & Ux. versus Jervoise.

Upon reading the Petition and Appeal of Sir Daniel O Carroll Knight and Dame Elizabeth his Wife; complaining of a Decree of the Court of Chancery of the Twenty-first of July last, and an Order of the Sixth Day of this Instant February, in a Cause wherein Thomas Jervoise Gentleman, a Lunatic, by Thomas Jervoise Esquire his Father and Committee, was Plaintiff, and the Petitioners were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Thomas Jervoise the Father and Thomas Jervoise the Son may have a Copy of the said Appeal; and they are hereby required to put in their Answer thereunto, in Writing, on or before Tuesday the Fourteenth Day of March next.

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein Joseph Ashton Esquire is Appellant, and Jonathan Smith Esquire and others are Respondents:

It is Ordered, That the Hearing the said Cause be adjourned to Thursday next; and the other Causes removed One Cause-day in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, secundum diem Martii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.