House of Lords Journal Volume 23
May 1728, 11-20

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History of Parliament Trust

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1767-1830

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260-273

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'House of Lords Journal Volume 23: May 1728, 11-20', Journal of the House of Lords volume 23: 1727-1731 (1767-1830), pp. 260-273. URL: http://www.british-history.ac.uk/report.aspx?compid=113931 Date accessed: 20 August 2014.


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May 1727, 11-20

DIE Sabbati, 11o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Epus. Asaphens.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Bolton.
Dux Rutland.
Dux Kent.
Dux Greenwich.
March. Tweeddale.
Comes Lincoln.
Comes Westmorland.
Comes Scarsdale.
Comes Clarendon & Rochester.
Comes Coventry.
Comes Godolphin.
Comes Findlater.
Comes Selkirk.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Tankerville.
Comes Harborough.
Comes Macclesfield.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Delawarr.
Ds. Guilford.
Ds. Foley.
Ds. Bathurst.
Ds. Wilmington.

PRAYERS.

Overstone Enclosures, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the Lands belonging to the Rectory of Overstone, in the County of Northampton, in Henry Stratford Esquire and his Heirs; and to enable the making of Enclosures; and for other Purposes herein mentioned."

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

Ds. Trevor, C. P. S.
Dux Kent.
Dux Greenwich.
March. Tweeddale.
Comes Lincoln.
Comes Westmorland.
Comes Clarendon.
Comes Coventry.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Harborough.
Comes Macclesfield.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Falmouth.
Epus. Dunelm.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Norwic.
Epus. Bristol.
Epus. Menevens.
Ds. Delawarr.
Ds. Guilford.
Ds. Foley.
Ds. Bathurst.
Ds. Wilmington.

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

Wm. Nugent to be heard against Nugents Bill.

Upon reading the Petition of William Nugent Esquire; praying to be heard, by his Counsel, against the Bill, intituled, "An Act for Relief of Hyacinthus Richard Nugent:"

It is Ordered, That the said Petition be, and is hereby, referred to the Consideration of the Lords Committees to whom the said Bill stands committed; and that the Petitioner may be heard, by his Counsel, before the said Committee, as desired; and that Counsel may be heard for the said Bill, at the same Time.

Wittewronge's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Estate late of Sir John Wittewronge Baronet, deceased, in the County of Bucks, in Trustees, to enable them to convey the same to the most Noble Sarch Dutchess Dowager of Marlborough, the Purchaser thereof under a Decree of the High Court of Chancery."

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. Lightboun and Mr. Thomas Bennet:

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

Fox & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of James Fox Esquire 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.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable James Fox Esquire, and others, to make Leases of the Estate in the County of Surrey, devised to him by Frances late Viscountess Lanesborough; and for Sale of Bridgehouse Farm, Part of the said Estate; and investing the Money in the Purchase of other Lands in the same County, to be settled to the like Uses; and for other Purposes herein mentioned."

Evesham Roads, to repair, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and amending the several Roads leading to and from the Borough of Evesham, in the County of Worcester."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it.

A Message was sent to the House of Commons; by Mr. Lightboun and Mr. Thomas Bennet:

To carry down the said Bill, and acquaint them, that the Lords have agreed to the same, with One Amendment, whereunto their Lordships desire their Concurrence.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein John Bettesworth Doctor of Laws and Dean of the Arches and others are Appellants, and the Dean and Chapter of the Cathedral Church of Saint Paul's, London, and others, are Respondents.

And the Counsel being heard accordingly;

And withdrawn:

Doctors Commons versus Dean and Chapter of St. Paul's & al.

It is Ordered, That the Judges do, on Monday next, seriatim, deliver their Opinions to this House, on the following Point; (videlicet,) "Whether, consistently with the several restraining Statutes insisted on at the Bar, any, or what, Obligation lies on the Dean and Chapter of Saint Paul's, from the Covenant now in Dispute:" And that the further Consideration of this Cause be adjourned till that Day; and that the other Causes on Cause-days be removed One Day in Course.

Adjourn.

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

DIE Lunæ, 13o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Petriburg.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Asaphens.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Richmond.
Dux Rutland.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Westmorland.
Comes Clarendon & Rochester.
Comes Litchfield.
Comes Scarbrough.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Tankerville.
Comes Bristol.
Comes Harborough.
Comes Macclesfield.
Viscount Say & Scale.
Viscount Lonsdale.
Viscount St. John.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Cornwallis.
Ds. Craven.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Hay.
Ds. Foley.
Ds. Bingley.

PRAYERS.

Messages from H. C. with Bills; and to return Sheldon's Bill; Sir Halswell Tynte's Bill; and Reading Highways Bill.

A Message was brought from the House of Commons, by Sir Charles Turner and others:

With a Bill, intituled, "An Act to enable the Commissioners of the Treasury, or the Lord High Treasurer, for the Time being, to compound with George Townsend, Montague Bacon, John Atwood, and John Burton, late Commissioners for licensing Hawkers, Pedlers, and Petty Chapmen, for a Debt they stand charged with to the Crown;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for making Provision for the Rector of the new Church, situate near Milbank, in the Parish of St. Margaret, Westminster; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act to explain the Acts of the Third and Ninth Years of His late Majesty's Reign, for continuing the Duty of Two Penny Scotts on every Pint of Ale and Beer sold in the City of Edinburgh, in relation to the Payment of Petty Port Customs; and for the more effectual securing the Payment of such Money as hath been, or shall be, contributed towards a charitable Fund, for Relief of such as shall suffer by Fire, in the said City, and the Suburbs and Liberties thereof;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir Thomas Lyttleton and others:

To return the Bill, intituled, "An Act for Sale of Part of the Estate of Francis Sheldon Esquire, a Lunatic, for discharging the Debts and Incumbrances affecting the same;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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

To return the Bill, intituled, "An Act for vesting the Estate of Sir Halswell Tynte Baronet and Dame Mary his Wife (in Right of Dame Mary) in Trustees, to be settled to the Uses in their Marriage Articles;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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

With a Bill, intituled, "An Act for the more effectual preventing Abuses in the making of Bricks and Tiles; and for altering the Size of Bricks made for Sale;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for enlarging the Term granted by an Act made in the Twelfth Year of the Reign of Her late Majesty Queen Anne, for repairing the Highways between The Bear Inn in Reading, and Puntfield, in the County of Berks; and for making the said Act more effectual; and for amending other Roads in this Act mentioned;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

Also, a Message was brought from the House of Commons, by Mr. Potenger and others:

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

Society of Doctors Commons versus Dean and Chapter of St. Paul's & al.

Counsel having been heard, as well on Friday as Saturday last, upon the Petition and Appeal of John Bettesworth Doctor of Laws and Dean of the Arches, President of the Society of Doctors and Advocates in Commons, Sir Henry Penrice Knight and Judge of the High Court of Admiralty, Humphrey Henchman Doctor of Laws Chancellor of London, George Paul Doctor of Laws Vicar General of the Archbishop of Canterbury and Treasurer of the Society of Doctors in Commons, on Behalf of themselves and the rest of the Doctors of Laws and Advocates in Commons, of that Society called Doctors Commons, or which hereafter shall be admitted into that Society; complaining of an Order or Decree of the Court of Chancery, made the Thirteenth of March 1726, in a Cause wherein the Appellants were Plaintiffs, and the Dean and Chapter of the Cathedral Church of St. Paul's, London, the Master, Fellows, and Scholars, of Trinity Hall in Cambridge, and Robert Constable, were Defendants; and praying, "That the same, so far as it dismisseth the Appellants Bill, may be reversed:" As also upon the several Answers of the said Dean and Chapter, the Master, Fellows, and Scholars, of Trinity Hall in Cambridge, and Richard Horrabin and Margaret his Wife, the Executrix of Robert Constable lately deceased, put in to the said Appeal:

And this Day being appointed to consider further of this Cause:

All the Judges attended (according to Order); and delivered their Opinion seriatim, upon a Question in Law to them proposed.

And due Consideration and Debate had of what was offered in the said Cause:

Decree reversed in Part, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order or Decree, for dismissing the Appellants Bill as to the Respondents the Dean and Chapter of St. Paul's, be, and is hereby, reversed: And it is hereby further Ordered, That the said Respondents the Dean and Chapter do, on the Surrender or Determination of the present Lease in Being, dated the Twentieth of February One Thousand Six Hundred and Seventy, make a new Lease, to the Master, Fellows, and Scholars, of Trinity Hall in Cambridge, for Forty Years, for a Fine of Twenty Pounds, and under the ancient Rents, with the Covenants and Conditions in the old Lease contained, except the Covenant for Renewal; which Lease for Forty Years is to be accepted by Trinity Hall, subject to the same qualified Trusts to which the present Lease is subject; and that the Court of Chancery do cause this Order and Judgement to be put in Execution accordingly.

Overstone Enclosures, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Lands belonging to the Rectory of Overstonc, in the County of Northampton, in Henry Stratford Esquire and his Heirs; and to enable the making of Enclosures, and for other Purposes herein mentioned," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Fox's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable James Fox Esquire and others to make Leases of the Estate in the County of Surrey, devised to him by Frances late Viscountess Lanesborough; and for Sale of Bridgehouse Farm, Part of the said Estate; and investing the Money in the Purchase of other Lands in the same County, to be settled to the like Uses; and for other Purposes herem mentioned."

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

Ds. Trevor, C. P. S.
Dux Kent.
Dux Newcastle.
Dux Greenwich.
March. Tweeddale.
Comes Westmorland.
Comes Clarendon.
Comes Scarbrough.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Oxford.
Comes Bristol.
Comes Macclesfield.
Viscount Say & Seale.
Viscount St. John.
Viscount Falmouth.
Epus. Dunelm.
Epus. Petriburg.
Epus. Glocestr.
Epus. Norwic.
Epus. Menevens.
Epus. Bristol.
Epus. Asaphens.
Epus. Bangor.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Cornwallis.
Ds. Craven.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Hay.
Ds. Foley.
Ds. Bingley.

Their Lordships, or any Five of them; to meet on Tuesday the Twenty-eighth 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 Martis, decimum quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 14o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Bath & Well.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Lincoln.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Rutland.
Dux Kent.
Dux Newcastle.
Dux Greenwich.
Dux Bridgewater.
Comes Warwick & Holland.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Sutherland.
Comes Findlater.
Comes Selkirk.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Tankerville.
Comes Aylesford.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Cobham.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Cornwallis.
Ds. Guilford.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Wilmington.

PRAYERS.

St. John's Church, Milbank, Provision for the Rector, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for making Provision for the Rector of the new Church situate near Milbank, in the Parish of St. Margaret, Westminster; and for other Purposes therein mentioned."

Overstone Enclosures, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Part of the Lands belonging to the Rectory of Overstone, in the County of Northampton, in Henry Stratford Esquire and his Heirs; and to enable the making of Enclosures; and for other Purposes herein mentioned.

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, Mr. Thurston and Mr. Masham:

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

Nugent's Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for Relief of Hyacinthu; Richard Nugent," was committed: That they had considered the said Bill, and heard Counsel upon the Petition of William Nugent Esquire; as also Counsel for the Bill; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Glegg versus Glegg & al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein William Glegg Esquire and Grace Glegg his Sister are Appellants, and Juliana Glegg Widow, Mary Glegg an Infant, by the said Juliana Glegg her Mother and next Friend, and others, are Respondents.

And the Appellants Counsel having been heard, and several Proofs on their Part read; they were all directed to withdraw.

And being withdrawn:

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

Late Commissioners for Hawkers, &c. Composition Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Commissioners of the Treasury, or the Lord High Treasurer, for the Time being, to compound with George Townsend, Montague Bacon, John Atwood, and John Burton, late Commissioners for licensing Hawkers, Pedlars, and Petty Chapmen, for a Debt they stand charged with to the Crown."

His Majesty's Consent signtfied.

The Duke of Newcastle (by His Majesty's Command) acquainted the House, "That His Majesty, having been informed of the Contents of the last mentioned Bill, was graciously pleased to consent to the passing thereof, so far as the Interest of the Crown was concerned therein."

Rochester and Mardstone Road, to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and enlarging the Road leading from the House called The Sign of the Bells, in the Parish of St. Margaret, in Rochester, to Maidstone, and other Roads therein mentioned, in the County of Kent."

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

Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Kent.
Dux Newcastle.
Dux Greenwich.
Comes Warwick.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Oxford.
Comes Aylesford.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Epus. London.
Epus. Roffen.
Epus. Lincoln.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Cornwallis.
Ds. Guilford.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Wilmington.

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.

Edinburgh Duty on Beer, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to explain the Acts of the Third and Ninth Years of His late Majesty's Reign, for continuing the Duty of Two Penny Scotts on every Pint of Ale and Beer sold in the City of Edinburgh, in relation to the Payment of Petty Port Customs; and for the more effectual securing the Payment of such Money as hath been, or shall be, contributed towards a charitable Fund, for Relief of such as shall suffer by Fire, in the said City and the Suburbs and Liberties thereof."

Motion to shorten Time for the Committee to meet on Mr. Fox's Bill.

The House being moved, "In regard of the approaching Conclusion of this Session of Parliament, that the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, may be so far dispensed with, as that the Committee on the Bill for enabling James Fox Esquire to grant Leases of an Estate in Surrey, and for other Purposes, may meet on Friday next:"

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

Bricks and Tiles, Abuses in making, to prevent, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the more essectual preventing Abuses in the making of Bricks and Tiles; and for altering the Size of Bricks made for Sale."

Delerme, Nat. Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing James Delerme."

Adjourn.

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

DIE Mercurii, 15o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Bath & Well.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Ds. King, Cancellarius.
Dux Richmond.
Dux Rutland.
Dux Kent.
Dux Newcastle.
Dux Bridgewater.
Comes Pembroke & Montgomery.
Comes Warwick & Holland.
Comes Westmorland.
Comes Winchilsea.
Comes Scarsdale.
Comes Litchfield.
Comes Coventry.
Comes Cholmondeley.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Halifax.
Comes Harborough.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount Tadcaster.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Bruce.
Ds. Craven.
Ds. Osborne.
Ds. Weston.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Wilmington.

PRAYERS.

Sawle versus Green:

Upon reading the Petition of Francis Sawle Plaintiff, and Francis Green Defendant, in a Writ of Error brought into this House the Twelfth of March last; praying, "In regard the Petitioners have come to an Agreement with relation to the Matters in Question, that they may have Leave to withdraw the said Writ of Error, and the Proceedings thereupon:"

And the Agents on both Sides attending; they were called in, and heard.

And being withdrawn:

Writ of Error withdrawn.

It is Ordered, That the Plaintiff be at Liberty to withdraw the said Writ of Error, according to the Prayer of the said Petition.

Budgell's Pet. to put off arguing the Errors on his Writ of Error, rejected.

A Petition of Eustace Budgell Esquire, was presented, and read; praying, "That the Errors on his Writ of Error, to which Nicholas Hollis Gentleman is Defendant, may not be brought on to be argued till on or after the Twenty-fourth Instant, as this House shall think most proper."

It is Ordered, That the said Petition be rejected.

Nugent's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Relief of Hyacinthus Richard Nugent."

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. Elde and Mr. Burroughs:

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

Messages from H. C. with a Bill, and to return Vis. Castlemain and Tylney's Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act passed in the Thirteenth Year of His late Majesty's Reign, intituled, An Act for Sale of such of the forfeired Estates in that Part of Great Britain called Scotland as remain unsold, and are vested in the Crown; and for determining such Claims on the said Estates as, having been duly entered, remain undetermined;" to which they desire the Con currence of this House.

A Message was brought from the House of Com mons, by Sir Orlando Bridgman and others:

To return the Bill, intituled, "An Act for making more effectual a Deed of Appointment, executed by Frederick Tylney Esquire (late deceased), with respect to Twenty Thousand Pounds; and for settling the same for the Purposes herein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Glegg versus Glegg & al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of William Glegg Esquire, and Grace Glegg his Sister; complaining of a Decree of the Court of Chancery, made the Twenty-eighth Day of June last, in a Cause wherein Juliana Glegg, Widow and Relict of Robert Glegg Esquire, deceased, and Mary Glegg Spinster, Daughter and Heir of the said Robert Glegg, by the said Juliana Glegg her Mother and prochein Amie, were Plaintiffs; and the Appellants, and Arthur Glegg Gentleman, Sir Richard Newdegate Baronet, and William Stepbens Esquire, were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Juliana Glegg, Mary Glegg the Infant, William Stephens Esquire, and Dame Elizabeth Newdegate, Widow and Executrix of Sir Richard Newdegate Baronet, deceased, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Decree reversed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree complained of in the said Appeal, so far as concerns the Appellants, or either of them, be, and is hereby, reversed: And it is further Ordered, That it be, and is hereby, referred to Mr. Thurston, One of the Masters of the Court of Chancery, in the Decree named, to examine what is the Yearly Value of the Lands by the Marriage Articles agreed to be settled and afterwards, by the Settlement made in Pursuance thereof, actually settled upon the Respondent Juliana, One of the Plaintiffs in the said Cause, for her Jointure; and to allot and set apart so much more of the other Lands in the said Articles and Settlement comprized, as, together with the said Lands already settled, will make up an Estate of Five Hundred Ponnds per Annum, according to the Intention of the said Articles; and that the Appellant William Glegg, One of the Defendants in the Court below, do execute proper Conveyances, by Recovery and otherwise, as the Master shall direct, to settle such Lands so to be allotted on the said Plaintiff Juliana for her Life, for her Jointure, free from all Incumbrances by him the said William Glegg: And it is further Ordered, That the said Master do examine how much the Plaintisf Juliana hath been damnified, from the Death of Edward Glegg her Son, by reason of her Jointure not being Five Hundred Pounds per Annum; and that the same, together with what she shall in further damnified before such Settlement, hereby ordered for making up her Jointure as aforesaid, shall be perfected, be made good to the said Juliana, out of the other Lands in the said Articles and Settlement comprized, and not settled upon her, and out of the Rents and Profits thereof from the Time of the Bill exhibited. And it is further Ordered, That the said Desendant William Glegg do come to an Accompt, before the said Master, for what he, or any other Person for his Use, hath received by and out of the Rents and Profits of the said other Lands, since the Time of the Bill filed; for the better Discovery whereof, the said Defendant is, upon Oath, to produce before the said Master all the Books of Accompt, Papers, and Writings, which he has in his Custody our Power relating thereto; and is to be examined on Interrogatories, as the said Master shall direct; and in taking of the said Accompt, the said Master is to make unto the said Defendant all just Allowances: And the said William Glegg shall likewise come to an Accompt, before the said Master, for what he, or any other Person for his Use, hath received, from the said Robert Glegg deceased, or his Order, in Part, or upon Accompt, of the Money for which he contracted (according to his Confession in his Answer) to sell his Annuity of Fifty Pounds per Annum, in the Articles mentioned, to the said Robert; for the better Discovery whereof, he the said William Glegg is to be examined upon Interrogatories, as the said Master shall direct: And in case any Part of the Price of such Annuity still remain due and unpaid, the said William Glegg is to be allowed the same, upon the said Accompt, out of the Profits so as aforesaid by him received: And it is further Ordered, That the Defendant William Glegg, out of what shall appear to be in his Hands upon the said Accompt, after just Allowances made, and Deduction of what remains due to the said William Glegg for the Sale of his said Annuity as aforesaid, do and shall pay unto the said Plaintiff Juliana, what she hath been or shall as aforesaid be damnified by the Deficiency of her Jointure of Five Hundred Pounds per Annum: And in case what shall appear to be in his Hands as aforesaid shall not be sufficient to pay to the Plaintiff Juliuna what is decreed to be paid her for the said Deficiency as aforesaid, then the Master is forthwith to compute what is due to the Appellant Grace Glegg, One other of the Defendants, for her Portion and Interest; and is to tax her her Costs of this Suit, and appoint a Time and Place for Pavment of the same; and upon the Plaintiff Juliana's paying unto the Defendant Grace Glegg what the said Master shall certify to be due, for her Portion, Interest, and Costs, as aforesaid, the Plaintiff is to hold over the said Estate, and have the Benefit of the Term for securing the said Grace's Portion until she shall be repaid what she shall so pay to the Defendant Grace, with the Interest for the same, to be computed by the said Master, together with what shall remain unsatisfied for the Arrears of her Jointure as aforesaid; but in case the said Juliana shall not think fit to proceed in taking the Accompt of what is due to the said Grace as aforesaid, or do not pay what shall be certified to be due to the said Grace at the Time and Place appointed by the said Master, then, and in either of the said Cases, the Plaintiff's Bill, as against the said Defendant Grace Glegg, shall, from the Time of such Default, stand absolutely dismissed out of the said Court of Chancery, with Costs, to be taxed by the said Master, and paid by the said Plaintiff Juliana to the said Defendant Grace: And as to the Respondent Mary Glegg, another of the Plaintiff in the Original Bill, it is further Ordered and Decreed, That the Sum of One Hundred Pounds per Annum, and no more, be allowed and paid for her Maintenance, according to the said Articles and Settlement, until her Portion shall become due; and the same, with the Arrears thereof, shall be paid to the Hands of the Plaintiff Juliana for that Purpose, so long as she shall continue to maintain and provide for the said Mary, or until the Court of Chancery shall otherwise order; and in case the same shall not be duly paid, the Plaintiffs are to be at Liberty to apply to the Court of Chancery, to have a Receiver appointed of the said Estate, or such other Method taken as shall be just; and it any Order have been already made for such Receiver, the said Order, so far as concerns the raising the said Sum of One Hundred Pounds per Annum, and no more, is to stand, until the Court of Chancery shall otherwise order: And it is further Ordered, That the Plaintiffs do pay unto the Defendant William Stephens, One of the Trustees, and unto the Representatives of the other Defendant Sir Richard Newdegote deceased, another Truslee, their Costs of the said Suit in the Court of Chancery, to be taxed by the said Master; and that the Defendant William Glegg do pay unto the Plaintiffs their Costs of the said Suit in the Court of Chancery, to be taxed by the said Master, together with such Costs as they shall pay to the Trustees as aforesaid: And it is further Ordered, That the Court of Chancery do cause this Order and Judgement to be duly put in Execution, according to the Intent thereof, in every Particular.

Fox's Bill, shortening Committee.

The House (according to Order) proceeded to take into Consideration the Motion made Yesterday, for dispensing with the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on private Bills, so as that the Committee on the Bill for enabling James Fox Esquire to grant Leases of an Estate in Surrey, and for other Purposes, may meet on Friday next.

After Debate;

The Lords following were appointed a Committee, to take this Matter into Consideration; and to report specially to the House; (videlicet,)

Dux Richmond.
Dux Rutland.
Dux Kent.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Scarsdale.
Comes Litchfield.
Comes Coventry.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Halifax.
Comes Harborough.
Comes Macclesfield.
Vis. Say & Seale.
Vis. Lonsdale.
Vis. Tadcaster.
Epus. London.
Epus. Winton.
Epus. Petriburg.
Epus. Lincoln.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Bruce.
Ds. Osborne.
Ds. Weston.
Ds. Hay.
Ds. Folcy.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Wilmington.

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.

Adjourn.

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

DIE Jovis, 16o Maii.

Domini tam Spirituals quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Bath & Well.
Epus. Roffen.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Bangor.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Richmond.
Dux Bolton.
Dux Montagu.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Comes Warwick & Holland.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Cholmondeley.
Comes Rothes.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Cornwallis.
Ds. Craven.
Ds. Guilford.
Ds. Ashburnham.
Ds. Gower.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Wilmington.

PRAYERS.

Nicholls's Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate of John Nicholls Esquire, deceased, in the County of Cornwall, for Payment of his Debts and Legacies; and for other Purposes therein mentioned," was committed: "That they had considered the said Bill; and that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which, being read Twice by the Clerk, were agreed to by the House.

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

Late Commissioners for Hawkers, &c. Compsition Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Commissioners of the Treasury, or the Lord High Treasurer, for the Time being, to compound with George Townsend, Montague Bacon, John Atwood, and John Burton, late Commissioners for licensing Hawkers, Pedlars, and Petty Chapmen, for a Debt they stand charged with to the Crown."

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

Dux Devon, Præses.
Ds. Trevor, C. P. S.
Dux Richmond.
Dux Montagu.
Dux Newcastle.
Dux Greenwich.
Comes Warwick.
Comes Westmorland.
Comes Litchfield.
Comes Scarsdale.
Comes Rothes.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Vis. Say & Seale.
Vis. Tadcaster.
Vis. Falmouth.
Epus. London.
Epus. Winton.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Bangor.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Cornwallis.
Ds. Craven.
Ds. Guilford.
Ds. Ashburnham.
Ds. Gower.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Wilmington.

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.

Bishoprick of Cloyne, Incumbrance to discharge, Bill.

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

With a Bill, intituled, "An Act for discharging an Incumbrance on the Lands of Donoghmore, Part of the Bishopric of Cloyne in Ireland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return Howard's Bill.

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

To return the Bill, intituled, "An Act for empowering the Honourable Charles Howard Esquire to raise Money, by Sale or Mortgage of the Manors of Walden, alias Chipping Walden, Brook Walden, and other Manors and Lands therein mentioned, for Payment of the Debts of Charles William late Earl of Suffolk and Bindon, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Evesham Roads, to repair, Bill.

A Message was brought from the House of Commons, by Sir John Rusbout and others:

To return the Bill, intituled, "An Act for repairing and amending several Roads, leading to and from the Borough of Evesham, in the County of Worcester;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

Viscountess Dowager Fauconberg, Privilege.

Upon reading the Petition of Bridget Lady Viscountess Dowager Fauconberg; complaining of being arrested, in the City of Chester, some short Time before the Dissolution of the last Parliament, by Thomas Richardson and George Robinson, Bailiffs of the Sheriff of Chester, at the Suit of one Luke Gavan Inn-keeper there, in an Action for the Sum of Sixteen Pounds; and also complaining of their insolent Usage, and of their uttering scandalous Expressions of the Peerage in general; and praying such Relief as to this House shall seem meet:

And thereupon Elizabeth Lycence and Richard Johnson were called in; and examined, upon Oath, at the Bar, touching the Truth of the Allegations of the said Petition.

And being withdrawn:

Gavan & al. to be attached for arresting her.

It is Ordered, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Luke Gavan, Thomas Richardson, and George Robinson, and bring them in safe Custody to this House, to answer for their said Offences; 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.

Orders of Attachment more effectual.

Ordered, That it be referred to the Lords Committees for Privileges, to consider how the Orders of this House for taking Persons into Custody, on Complaints of a Breach of Privilege, may be rendered more effectual; and to inspect Precedents on this Occasion.

Sir R Kennedy's Bill.

A Message was brought from the House of Commons, by the Lord Viscount Limerick and others:

With a Bill, intituled, "An Act for Sale of the Estate of Sir Richard Kennedy Baronet, deceased, in the Kingdom of Ireland, forfeited during the Life of his Uncle William Kennedy;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return Scourfield's Bill.

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

To return the Bill, intituled, "An Act for vesting the Real Estates of William Scourfield the Elder Esquire, Catherine his Wife, William Scourfield the Younger Esquire and Anne his Wife, in the Counties of Pembrock and Brecon, in Trustees, to certain Uses therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Downes versus Hamlin, in Error:

Whereas this Day was appointed, for hearing the Errors argued upon the Writ of Error brought into this House the Twelfth Day of March last, wherein Edward Downes Gentleman is Plaintiff, and John Hamlin, Lessee of Richard Head Esquire, is Defendant, in order to reverse a Judgement given in the Court of King's Bench for the Defendant in Error:

Counsel appearing for the Defendant in Error; but no Counsel for the Plaintiff in Error, who made Default:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench be, and is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Plaintiff do pay, or cause to be paid, to the said Defendant, the Sum of One Hundred Pounds, for his Costs sustained by Reason of the bringing the said Writ of Error.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows; (videlicet,)

"Ad quem Diem, coram eadem Cur. Parliamenti apud Westm. in Com. Middl'x, ven. prædict. Joh'es Hamlin in propria Persona sua, et idem Ed'r'us Downes non venit, sed Defalt. fecit; super quo, vis. et per Cur. Parliamenti prædict. nunc hic plenius intellectis omnibus et singulis Præmiss. diligenterque examinat. et inspect. tam Record. et Process. prædict. ac Judic. super eisdem reddit. quam prædict. Causis et Mater. per prædict. Ed'r'um superius pro Error. assign. maturaque Deliberatione inde habita, videtur Cur. Parliamenti prædict. nunc hic, quod nec in Record. et Process. præd. nec in Redditione separal. Judic. prædict. in ullo est Errat. ac quod Record. illud in nullo vitiosum aut defectivum existit: Ideo cons. est per eandem Cur. Parliamenti, quod prædict. separalia Judic. in omnibus affirmentur, ac in omnibus suis Robore et Effectu stent, dictis Causis et Materiis per præfat. Ed'r'um superius pro Error. assign. in aliquo non obstan. Et ulterius per eandem Cur. Parliamenti præd. nunc hic cons. est, quod præd. Joh'es recuperet versus præfat. Ed'r'um Centum Libras eidem Joh'i ex Assensu suo per eandem Cur. Parliamenti præd. juxta Formam Statut. inde edit. et provis. adjudicat. pro Dampnis, Misis, et Custagiis suis; quæ habuit Occasione Dilationis Executionis Judic. præd. Prætextu Prosecutionis dicti Brevis de Errore; et quod prædict. Joh'es habeat versus præfat. Ed'r'um inde Execution. &c.; ac superinde Record. præd. necnon Process. præd. in eadem Cur. Parliamenti in Præmiss. habit. per eandem Curiam Parliamenti Curiæ dicti Domini Regis, coram ipso Rege, ubicunque &c. remittuntur, &c."

Pazey and Budgell versus Hollis, in Error:

Whereas this Day was appointed, for hearing the Errors argued upon the Writ of Error brought into this House the Twelfth Day of March last, wherein Robert Pazey and Eustace Budgell Esquire are Plaintiffs, and Nicholas Hollis Gentleman, Lessee of William Piers Clerk, is Defendant, in order to reverse a Judgement given in the Court of King's Bench for the Defendant in Error:

Counsel appeared for the Defendant in Error; but no Counsel for the Plaintiffs attended, only the Plaintiff Budgell, who himself was heard at the Bar.

And he and the Counsel being withdrawn; and due Consideration had of what was offered in this Case:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench be, and is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Plaintiffs do pay, or cause to be paid, to the said Desendant, the Sum of One Hundred Pounds, for his Costs sustained by Reason of the bringing the said Writ of Error.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows; (videlicet,)

"Ad quem Diem, coram eadem Cur. Parliamenti apud Westm. præd. ven. tam prædict. Nich'us Hollis, quam præd. Rob'tus Pazey et Eustac. in proprris Personis suis; super quo, vis. et per Cur. Parliamenti præd. nunc hic plenius intellectis omnibus et singulis Præmiss. diligenterque examinat. et inspect. tam Record. et Process. præd. quam præd. Causis et Materiis per præd. Rob'tum Pazey et Eustac. pro Error. assign. maturaque Deliberatione inde habita, videtur Cur. Parliamenti præd. nunc hic, quod nec in Record. et Process. præd. nec in Redditione Judic. præd. in ullo est Errat. (fn. 1) ac quod Record. illud in nullo vitiosum aut defectivum existit: Ideo consideratum est per eandem Cur. Parliamenti præd. quod Judic. præd. in omnibus assirmetur, ac in omnibus suis Robore et Effectu stet, dict. Causis et Materiis per præfat. Rob'tum Pazey et Eustac. superius pro Error. assign. in aliquo non obstan. Et ulterius per eandem Cur. Parliamenti præd. nunc hic considerat. est quod præd. Nich'us recuperet versus præfat. Rob'tum Pazey et Eustac. Centum Libras eidem Nich'o ex Assensu suo per eandem Cur. Parliamenti præd. juxta Formam Statut. inde edit. et provis. adjudicat. pro Dampnis, Misis, et Custag. suis, quæ habuit Occasione Dilationis Executionis Judic. præd. Prætextu Prosecutionis dicti Brevis de Error.; et quod præd. Nich'us habeat versus præfat. Rob'tum Pazey et Eustac. inde Execution. &c.; ac superinde Record. præd. necnon Process. præd. in eadem Cur. Parliamenti in Præmiss. habit. per eandem Cur. Parliamenti Curiæ dicti Domini Regis, coram ipso Rege, ubicunque &c. remittuntur, &c."

St. John's Church, Milbank, Provision for the Rector, Bill

Hodie 2a vice lecta est Billa, intituled, "An Act for making Provision for the Rector of the new Church, situate near Milbank, in the Parish of St. Margaret, Westminster; and for other Purposes therein mentioned."

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 Monday next, at the same Place; and to adjourn as they please.

Edinburgh, Duty on Beer Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to explain the Acts of the Third and Ninth Years of His late Majesty's Reign, for continuing the Duty of Two Penny Scotts on every Pint of Ale and Beer sold in the City of Edinburgh, in relation to the Payment of Petty Port Customs; and for the more effectual securing the Payment of such Money as hath been, or shall be, contributed towards a charitable Fund, for Relief of such as shall suffer by Fire, in the said City, and the Suburbs and Liberties thereof."

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.

Canterbury Workhouse, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for erecting a Workhouse in the City of Canterbury, for employing and maintaining the Poor there; and for enlightening the Streets of the said City," was committed: "That they had considered the said Bill, and gone through the same, and made some Amendments thereunto."

Which, being read Twice by the Clerk, were agreed to by the House; and are as follow; (videlicet,)

"Press 2, Line 14. Leave out ["May"], and insert ["June"].

"Line 27. Leave out ["May"], and insert ["June"].

"Press 3. Line 3. Leave out ["May"], and insert ["June"].

"Line 7. Leave out ["May"], and insert ["June"].

"Press 5. Line 15. Leave out ["June"], and insert ["July"].

"Line 40. Leave out ["June"], and insert ["July"].

"Press 6, Line 37. Leave out ["June"], and insert ["July"].

Press 10, Line 18. Leave out ["June"], and insert ["July"]."

Hocklisse to Woburn, Roads to repair, Bill.

The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act for more effectual amending the Highway between Hockliffe and Woburn, in the County of Bedford; and for repairing the Road leading through Woburn to Tickford Bridge, in Newport Pagnell, in the County of Bucks," was committed: "That they had considered the said Bill, and gone through the same, and directed him to report the Bill to the House, without any Amendment."

Rochester to Maidstone, Roads to repair, Bill.

The Lord Delawarr likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and enlarging the Road leading from the House called The Sign of the Bells, in the Parish of St. Margaret in Rochester, to Maidstone, and other Roads therein mentioned, in the County of Kent," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Forfeited Estates in Scotland, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Thirteenth Year of His late Majesty's Reign, intituled, An Act for Sale of such of the forfeited Estates, in that Part of Great Britain called Scotland, as remain unsold, and are vested in the Crown; and for determining such Claims on the said Estates as, having been duly entered, remain undetermined."

Delerme, Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing James Delerme."

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

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

Bricks and Tiles, Abuses in making, to prevent, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual preventing Abuses in the making of Bricks and Tiles; and for altering the Size of Bricks made for Sale."

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

Adjourn.

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

DIE Veneris, 17o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Petriburg.
Epus. Gloucestr.
Epus. Norwic.
Epus. Hereford.
Epus. Bristol.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Bolton.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Manchester.
Dux Bridgewater.
March. Twccddale.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Yarmouth.
Comes Coventry.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Montjoy.
Ds. Foley.
Ds. Onslow.
Ds. Ducie.
Ds. Wilmington.

PRAYERS.

Fox's Bill, Special Report on the Motion for dispensing with the Standing Order.

The Lord Delawarr reported from the Lords Committees appointed to consider the Matter touching the Motion for dispensing with the Standing Order in relation to the Time of the Meeting of Committees on Private Bills, so as that the Committee on the Bill for enabling James Fox Esquire to grant Leases of an Estate in Surrey, and for other Purposes, may meet on Friday next; and to report specially to the House: "That the Committee have met, and considered of the Matter to them referred; and find,

That Frances Lady Viscountess Lanesborough, by her last Will and Testament (which was produced before the Committee), did devise all her Estate, as well Freehold as Copyhold, in the County of Surrey, to James Fox Esquire for Life; Remainder to Trustees, to preserve contingent Remainders; Remainder to his the said James Fox's First and other Sons successively in Tail Male; with divers Remainders over, as therein mentioned. In which Will there is a Proviso, That in case the said James Fox should not, within Seven Years after her Decease, enter into Holy Orders of Priesthood, the Rents and Profits of the Premises should, during his Life, be paid to and distributed amongst her Grandchildren, in equal Parts.

That George Fox, Mary Fox, Anne Fox, Jane Fox, and Sackville Fox, Brothers and Sisters of the said James Fox, being the only Persons entitled to any Advantage by his not entering into Holy Orders, are willing to release any Claim they may have by Virtue of such Omission, without Prejudice to the Claim of Sackville Fox the Infant, whose Right in that Particular is saved by this Bill.

That the Premises devised by the said Will were usually let by Lease, and were so at the Decease of the said Viscountess; several of which Leases are expired, and others near expiring; and that the said James Fox, being only Tenant for Life by the said Will, hath not a Power to grant Leases for a certain Term; by reason of which Defect, or Want of Power, the Premises cannot be improved to the best Advantage, and several of the Farms will become untenented by Michaelmas next.

And the Committee further acquaint your Lordships, That the Intent of the Bill being to enable the said Mr. Fox to grant Leases for a certain Term, and to release him from any Advantages which may be taken by his omitting to enter into Holy Orders; it is their Opinion, in regard of the approaching Conclusion of the Session, and that all Parties concerned in the Consequences of the Bill are consenting, that the said Standing Order should be dispensed with in this Case."

Which Report, being read by the Clerk, was agreed to by the House.

Ordered, That the said Standing Order be dispensed with, upon this Occasion.

Kennedy's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Sir Richard Kennedy Baronet, deceased, in the Kingdom of Ireland, forfeited during the Life of his Uncle William Kennedy."

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

Ds. Trevor, C. P. S.
Dux Bolton.
Dux Manchester.
March. Tweeddale.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Yarmouth.
Comes Coventry.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Macclesfield.
Vis. Say & Seale.
Vis. Tadcaster.
Vis. St. John.
Vis. Falmouth.
Epus. London.
Epus. Petriburg.
Epus. Gloucestr.
Epus. Norwic.
Epus. Hereford.
Epus. Bristol.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Montjoy.
Ds. Foley.
Ds. Onslow.
Ds. Ducie.
Ds. Wilmington.

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

Jone's Pet. versus Kennedy's Bill.

Upon reading the Petition of Robert Jones Esquire; praying, "That he may be heard, by his Counsel, against the Bill for Sale of Sir Richard Kennedy's Estate, before the same pass into a Law:"

It is Ordered, That the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioner may be heard, by his Counsel, as desired; and that Counsel may be heard for the said Bill, at the same Time.

Wogan's Pet. versus Kennedy's Bill:

Also, a Petition of William Wogan Esquire, was presented to the House, and read; praying, "That he may be heard, by his Counsel, against the Bill for Sale of Sir Richard Kennedy's Estate, before the same pass into a Law:"

It is Ordered, That the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioner may be heard, by his Counsel, as desired, so as no more than Two Counsel be heard for both the Petitioners against the said Bill.

One of the Judges to attend Kennedy's Committee.

Ordered, That One of the Judges do attend the Lords Committees to whom the Bill for Sale of Sir Richard Kennedy's Estate stands committed.

Nicholls's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of John Nicholls Esquire, deceased, in the County of Cornwall, for Payment of his Debts and Legacies; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Kinaston and Mr. Masham:

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

Black Rod, Sir C Dalton's Pet. touching Serieant at Arms attaching Delinquents.

Upon reading the Petition of Sir Charles Dalton Knight, Gentleman Usher of the Black Rod; setting forth, "That his Place is greatly damnified, by the late Orders for the Serjeant at Arms to attach Delinquents, who has not paid the Petitioner his ancient and accustomed Fees for those who have already been discharged out of Custody; and as the Petitioner conceives the said Serjeant is not an Officer of this House, he humbly offers the Premises to the Wisdom and Consideration of the House:"

It is Ordered, That the said Petition be, and is hereby, referred to the Lords Committees for Privileges; and that the Serjeant at Arms may have a Copy of the said Petition, and attend the said Committee.

Blakley and Huish versus Leeke & al.:

After hearing Counsel, upon the Petition and Appeal of James Blakley Esquire, Administrator of Thomas Blakley Esquire, deceased, and George Huish Gentleman; complaining of a Decree of the Court of Chancery, made the One and Thirtieth of October last, in a Cause wherein John Leeke, Executor of Thomas Hanway deceased, Mary Hanway Widow, Jonas, William, Mary, and Thomas Hanway, all Four Infants, by Stephen Worlidge Gentleman, their Guardian and next Friend, were Plaintiffs, and the Appellants Defendants; and praying, "That the same may be reversed, and the Respondents Bill dismissed, with Costs:" As also upon the Answer of the said John Leeke, Mary Hanway, the said Infants, by their Guardian and next Friend, 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 said Decree therein complained of be, and is hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said Respondents, the Sum of One Hundred Pounds, for their Costs in respect of the said Appeal.

Fox's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable James Fox Esquire and others to make Leases of the Estate, in the County of Surrey, devised to him by Frances late Viscountess Lanesborough; and for Sale of Bridgehouse Farm, Part of the said Estate; and investing the Money in the Purchase of other Lands in the same County, to be settled to the like Uses; and for other Purposes herein mentioned," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Rochester to Maidstone, Road to repair, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and enlarging the Road leading from the House called The Sign of the Bells, in the Parish of St. Margaret in Rochester, to Maidstone, and other Roads therein mentioned, in the County of Kent."

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. Kinaston and Mr. Masham:

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

Canterbury Workhouse, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for erecting a Workhouse in the City of Canterbury, for employing and maintaining the Poor there; and for enlightening the Streets of the said City."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Kinaston and Mr. Masham:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto their Lordships desire their Concurrence.

Hockliffe and woburn, Highway to amend, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for more effectual amending the Highway between Hockliffe and Woburn, in the County of Bedford; and for repairing the Road leading through Woburn to Tickford Bridge, in Newport Pagnell, in the County of Bucks."

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. Kinaston and Mr. Masham:

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

Forfeited Estates, Scotland, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Thirteenth Year of His late Majesty's Reign, intituled, An Act for Sale of such of the forfeited Estates in that Part of Great Britain called Scotland as remain unsold, and are vested in the Crown; and for determining such Claims on the said Estates as, having been duly entered, remain undetermined."

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

Bishopric of Cloyne, Incumbrance to discharge, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for discharging an Incumbrance on the Lands of Donoghmore, Part of the Bishopric of Cloyne in Ireland."

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.

Late Commissioners for Hawkers, &c. Composition Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Commissioners of the Treasury, or the Lord High Treasurer, for the Time being, to compound with George Townsend, Montague Bacon, John Atwood, and John Burton, late Commissioners for licensing Hawkers, Pedlars, and Petty Chapmen, for a Debt they stand charged with to the Crown," was committed: That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Adjourn.

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

DIE Lunæ, 20o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Bath & Well.
Epus. Roffen.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Bristol.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Montagu.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Scarsdale.
Comes Litchfield.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Findlater.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Craven.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Wilmington.

PRAYERS.

Fox's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable James Fox Esquire and others to make Leases of the Estate, in the County of Surrey, devised to him by Frances late Viscountess Lanesborough; and for Sale of Bridgehouse Farm, Part of the said Estate; and investing the Money in the Purchase of other Lands in the same County, to be settled to the like Uses; and for other Purposes herein mentioned."

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. Lightboun and Mr. Masham:

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

Errington versus Carrick & al.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of William Errington Gentleman; complaining of Part of a Decree of the Court of Chancery, made the Twelfth Day of November 1726, in a Cause wherein John Carrick and others were Plaintiffs, and Thomas Errington and the Appellant and others were Defendants.

And the Appellant's Counsel having been heard, and several Proofs on their Part read; they were all directed to withdraw.

And being withdrawn:

It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow, at Eleven a Clock; and that the other Causes appointed to be heard on Cause-days be removed One Day in Course.

Adjourn.

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

Footnotes

1 Deest.