House of Lords Journal Volume 21
February 1720, 11-20

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History of Parliament Trust

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1767-1830

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228-241

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'House of Lords Journal Volume 21: February 1720, 11-20', Journal of the House of Lords: volume 21: 1718-1721 (1767-1830), pp. 228-241. URL: http://british-history.ac.uk/report.aspx?compid=113431 Date accessed: 29 November 2014.


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February 1720, 11-20

DIE Jovis, 11o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Cantuar.
Arch. Eboraccn.
Epus. Winton.
Epus. Sarum.
Epus. Norvic.
Epus. Roffen.
Epus. Glocestr.
Epus. Asaphen.
Epus. Lincoln.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Bolton.
Dux Bucks & Nor.
Dux Portland.
Dux Wharton.
Dux Manchester.
March. Annandale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Dorset & Middlesex.
Comes Bridgewater.
Comes Northampton.
Comes Peterborow & Monmouth.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Nottingham.
Comes Rochester.
Comes Warrington.
Comes Rochford.
Comes Godolphin.
Comes Rothes.
Comes Buchan.
Comes Loudoun.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Stanhope.
Comes Coningesby.
Viscount Townshend.
Viscount Tadcaster.
Viscount Cobham.
Ds. Delawar.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lumley.
Ds. Lempster.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Foley.
Ds. Romney.

PRAYERS.

Message from H. C. to return Dunch's Bill, with Amendments:

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

To return the Bill, intituled, "An Act for supplying the Defects in, and better Performance of, the Will of Edmond Dunch Esquire, deceased;" and to acquaint this House, that they have agreed to the same, with some Amendments; to which they desire their Lordships Concurrence.

Message from thence, to return the E. of Hadington's Bill.

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

To return the Bill, intituled, "An Act for vesting Part of the Estate of Thomas Earl of Hadinton in Trustees, to be sold; and, with the Monies arising thereby, to purchase other Lands, of the like Value, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Hamilton versus Boswell.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Hamilton of Grange Esquire is Appellant, and George Boswell and Hellen Reid his Wife are Respondents:"

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

L. Salton versus Fraser.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Alexander Lord Salton is Appellant, and William Fraser Respondent:"

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

Commissioners forfeited Estates versus T. Erskine.

Ordered, That the Lords be summoned to attend the House To-morrow, on the Hearing the Cause wherein the Commissioners of the forfeited Estates are Appellants, and Thomas Erskine Son to John late Earl of Mar is Respondent.

Dependency of Ireland, for securing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the better securing the Dependency of the Kingdom of Ireland upon the Crown of Great Britain."

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

It was Resolved in the Affirmative.

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

Commissioners forfeited Estates versus Mackenzie.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and Kenneth Mackenzie and Alexander Mackenzie are Respondents:"

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

Walker's Bill.

The Earl of Clarendon reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Anne Walker, alias Baughs, a Minor, the Wife of Thomas Folliot Walker Gentleman, to sell and convey unto the Right Honourable William Conolly Esquire and his Heirs her Share and Proportion of several Manors, Lands, Tenements, and Hereditaments, in the Kingdom of Ireland, devised to her by the last Will of Thomas late Lord Folliot, deceased, and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Backer's Nat. Bill.

The Earl of Clarendon also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Cornelius Backer," was committed: That they had considered the said Bill, and gone through the same, with some Amendments."

Which were read Twice, and agreed to.

Sir W. Keyt's Bill.

The Lord Delawar reported from the Lords Committees to whom the Bill, intituled, "An Act for discharging certain Estates, in the Counties of Lincoln and Warwick, of and from the Uses and Limitations contained in the Marriage Settlement of Sir William Keyt Baronet; and settling other Lands, in the County of Gloucester, of greater Value, to the same Uses," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the same, without any Amendment."

Ordered, That the said Bill be engrossed.

Sandford's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Trustees to sell Part of the Estate of John Sanford Esquire, deceased, for Payment of his Debts and Legacies; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Pembroke's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of the Estate of William Pembroke, late of Portsmouth Dock, deceased, situate at North Mims, in the County of Hertford, for the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it, and Sandford's Bill.

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

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

Sir J. Chichester, Leave for a Bill.

After reading, and considering; the Report of the Judges to whom the Petition of Sir John Chichester Baronet, Dame Anne his Wife, Dame Elizabeth his Mother, Arthur, Thomas, and Robert Chichester, his Brothers, and others, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

Stafford, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Hugh Stafford Esquire and Bridget his Wife, Kellond Courtenay, and Susanna Prideaux, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

Adjourn.

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

DIE Veneris, 12o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Ebor.
Epus. Sarum.
Epus. Norwic.
Epus. Roffen.
Epus. Cestr.
Epus. Glocestr.
Epus. Asaphens.
Epus. Oxon.
Epus. Lincoln.
Epus. Bangor.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Grafton.
Dux Bolton.
Dux Bucks & Nor.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
Dux Manchester.
March. Annandale.
Comes Lincoln.
Comes Dorset.
Comes North'ton.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Cardigan.
Comes Litchfield.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Deloraine.
Comes Strafford.
Comes Dartmouth.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Stanhope.
Comes Coningesby.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Castleton.
Viscount Cobham.
Ds. Delawar.
Ds. Willoughby Br.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Osborne.
Ds. Lumley.
Ds. Lempster.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Boyle.
Ds. Hay.
Ds. Trevor.
Ds. Lansdowne.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Carleton.
Ds. Romney.
Ds. Newburgh.
Ds. Pawlett Bas.

PRAYERS.

E. Smith attached, concerning a Pamphlet against the Trinity:

A Complaint was made to the House, of a printed Pamphlet, intituled, "A Sober Reply to Mr. Higgs' Merry Arguments, from the Light of Nature, for the Tritheistick Doctrine of the Trinity; with a Postscript relating to the Reverend Doctor Waterland. London, printed for E. Smith, in Cornhill, 1720."

And several Paragraphs out of the said Book being read:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod, his Deputy or Deputies, do forthwith attach the Body of the said E. Smith, for whom the said Pamphlet is mentioned to be printed; and keep her in safe Custody till further Order of this House.

To Sir William Sanderson Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Committee to inquire after the Author; &c.

Ordered, That the Lords following be, and are hereby, appointed a Committee, to inquire after the Author, Printer, and Publisher, of the said Pamphlet; and to report to the House; (videlicet,)

Ld. President.
Ld. Chamberlain.
D. Somerset.
D. Grafton.
D. Bolton.
D. Bucks & Nor.
D. Rutland.
D. Montagu.
D. (fn. 1) Montrose.
D. Roxburgh.
D. Wharton.
D. Manchester.
M. Annandale.
E. Lincoln.
E. Dorset.
E. Northampton.
E. Warwick.
E. Westmorland.
E. Berks.
E. Sunderland.
E. Scarsdale.
E. Clarendon.
E. Essex.
E. Cardigan.
E. Litchfield.
E. Yarmouth.
E. Nottingham.
E. Rochester.
E. Warrington.
E. Rochford.
E. Coventry.
E. Sutherland.
E. Rothes.
E. Buchan.
E. Hadinton.
E. Loudoun.
E. Deloraine.
E. Strafford.
E. Dartmouth.
E. Uxbridge.
E. Aylesford.
E. Bristol.
E. Halifax.
E. Sussex.
E. Stanhope.
E. Coningesby.
V. Townshend.
V. Hatton.
V. Lonsdale.
V. Tadcaster.
V. Castleton.
V. Cobham.
L. Abp. York.
L. Bp. Sarum.
L. Bp. Norwich.
L. Bp. Rochester.
L. Bp. Chester.
L. Bp. Giocester.
L. Bp. St. Asaph.
L. Bp. Oxon.
L. Bp. Lincoln.
L. Bp. Bangor.
L. Bp. Exeter.
L. Bp. Litch. & Cov.
L. Bp. Carlisle.
L. Bp. Peterborough.
L. Bp. Bristol.
Ld. Delawar.
L. Willoughby Br.
L. Howard Eff.
L. North & Grey.
L. Hunsdon.
L. Compton.
L. Maynard.
L. Berkeley Str.
L. Cornwallis.
L. Osborne.
L. Lumley.
L. Lempster.
L. Weston.
L. Herbert.
L. Gower.
L. Ross.
L. Harcourt.
L. Boyle.
L. Hay.
L. Trevor.
L. Lansdowne.
L. Masham.
L. Foley.
L. Bathurst.
L. Bingley.
L. Carleton.
L. Romney.
L. Newburgh.
L. Pawlett Bas.

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.

Ordered, That all the Lords that come to the said Committee may have Voices.

Commissioners forfeited Estates versus T. Erskine.

This Day being appointed, to hear Counsel, upon the Petition and Appeal of the Commissioners and Trustees of the forfeited Estates; complaining of a Decree of the Lords of Session in Scotland, of the Eighteenth of September last, made on the Behalf of Thomas Erskine, Son of John late Earl of Mar; as also upon the Answer of the said Thomas Erskine put in thereunto:

Counsel accordingly were called in, and heard.

And being withdrawn:

It was offered to the Consideration of the House, Whether the Lords of Session in Scotland had Jurisdiction to proceed upon and determine the Claim and Exception of the Respondent?"

And a Debate arising thereupon:

Ordered, That the further Consideration of this Cause be adjourned to Monday next; and that, before this House doth proceed to consider the Merits of the said Cause, their Lordships will first take into Consideration, "Whether the Lords of Session in Scotland had Jurisdiction to proceed upon and to determine the Claim and Exception of the Respondent?"

Ordered, That all the Judges do attend this House on Monday next; and that a Copy of the Respondent's said Exception, and of the Decretal Part of the Decree complained of in the said Appeal, be sent to them in the mean Time; and that One Counsel on either Side may then attend; and the Lords to be summoned.

Adjourn.

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

DIE Lunæ, 15o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Ebor.
Epus. Sarum.
Epus. Norvic.
Epus. Roffen.
Epus. Cestrien.
Epus. Glocestr.
Epus. Asaphen.
Epus. Oxon.
Epus. Lincoln.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux St. Albans.
Dux Bolton.
Dux Bucks & Nor.
Dux Rutland.
Dux Montrose.
Dux Wharton.
Dux Manchester.
March. Annandalc.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Cardigan.
Comes Litchfield.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Holderness.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Orkney.
Comes Bute.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Stanhope.
Comes Coningesby.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Castleton.
Viscount Cobham.
Ds. Delawar.
Ds. Willoughby Br.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Cornwallis.
Ds. Lucas.
Ds. Osborne.
Ds. Lumley.
Ds. Guilford.
Ds. Lempster.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Lansdowne.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Carleton.
Ds. Romney.
Ds. Newburgh.
Ds. Pawlet de Bas.

PRAYERS.

Pamphlet against the Trinity, Report concerning the Author, &c.:

The Lord Archbishop of York reported from the Lords Committees appointed to inquire into the Author, Printer, and Publisher, of a printed Pamphlet, intituled, "A Sober Reply to Mr. Higgs' Merry Arguments, from the Light of Nature, for the Tritheistick Doctrine of the Trinity; with a Postscript relating to the Reverend Doctor Waterland:" "That the Committee proceeded in the First Place to take into Consideration the said Pamphlet; and, having caused the same to be read thorough to them, came to a Resolution, "That the whole Book is a Mixture of the most scandalous Blasphemy, Profaneness, and Obscenity; and does, in a most daring, impious Manner, ridicule the Doctrine of the Trinity, and all Revealed Religion."

"Their Lordships have also inquired after the Author, Printer, and Publisher thereof; and being informed, "Thomas Warner, in Pater-noster Row, was the Publisher of the said Pamphlet;" they caused him to attend their Lordships; and, upon Examination, he owned, "He was the Publisher of that Pamphlet;" and acquainted the Committee, "That Wil liam Wilkin, in Little Britain, was the Printer of the said Pamphlet;" who voluntarily appeared before their Lordships; and likewise owned himself to be the said Printer; and further owned, "He wrote the Postscript himself, and did it in Opposition to the Doctrine in Mr. Higgs' Book, to which this Pamphlet is an Answer:" And he informed the Committee, "That one Mr. Hall was the Author;" who also appeared before their Lordships; and said, "His Name was Joseph Hall; that he was a Gentleman, and a Serjeant at Arms to the King;" and acknowledged, "He was the Author of the said Pamphlet, the Errors of the Press and some small Variations excepted."

"The Committee think proper to acquaint your Lordships, That having caused E. Smith, for whom the said Pamphlet is mentioned to be printed, to be brought before them, she positively denied she ever saw the Book till the same was shewed to her by the Messenger who took her into Custody." But their Lordships being afterwards informed by the said Warner the Publisher, "That he found in his Book a Dozen of those Pamphlets charged to the said Smith, which he believed he sent her about Five Months ago," the Committee examined her again concerning it; who persisted in denying she ever saw the Book till the Time abovementioned; and alledged, "She was often absent from her Shop for several Days together." And the Committee upon this Occasion think proper to mention, That, by the Printer's Acknowledgement, it seems to be a very customary Thing for those of that Employment to put the Names of Persons to Pamphlets who have no Concern therein; and that it is an arbitrary Practice in Printers."

Which Report being read by the Clerk:

The House agreed to the Resolution of the said Committee, "That the whole Book is a Mixture of the most scandalous Blasphemy, Profaneness, and Obscenity; and does, in a most daring, impious Manner, ridicule the Doctrine of the Trinity, and all Revealed Religion."

And then the following Orders were made:

Book to be burnt:

"Ordered, That the said Book be burnt, by the Hands of the Common Hangman, before The Royal Exchange in Cornbill, London, and in The New Palace Yard, Westm'r, To-morrow, between the Hours of Eleven a Clock in the Forenoon and One of the Clock in the Afternoon; and that the Sheriffs of London and Middlesex do see Execution hereof.

"To the Sheriffs of London and Middlesex, and to every of them."

Author, Printer, and Publisher, to be prosecuted by Attorney General.

"Ordered, That His Majesty's Attorney General do prosecute Joseph Hall the Author, William Wilkin the Printer, and Thomas Warner the Publisher, of the said Book, according to Law."

and attached by Gentleman Usher:

"Ordered, That the Gentleman Usher of the Black Rod, his Deputy or Deputies, do forthwith attach the Bodies of the said Joseph Hall, William Wilkin, and Thomas Warner, and keep them in safe Custody till further Order of this House.

"To Sir William Sanderson Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them."

E. Smith discharged, with out Fees:

"Ordered, That E. Smith, for whom the beforementioned Book is said to be printed, now in Custody of the Gentleman Usher of the Black Rod, be discharged, without Fees.

"To Sir William Sanderson Knight, Gentleman Usher of the Black Rod, his Deputy or Deputies, and every of them."

Committee to inquire into the Occasion of publishing Blasphemous Books.

"Ordered, That the Lords Committees appointed on Friday last do consider of the Occasion of the Publication of blasphemous Books of late, the State of the Laws now in Force against Blasphemy and Profaneness, and the Means to prevent such Impieties for the future; and that such Lords as are this Day present, and not of the former Committee, be added thereto.

"Their Lordships, or any Five of them; to meet on Wednesday next, at the same Time and Place; and that Two of the Judges do assist."

Commissioners forfeited Estates versus T. Erskine.

The House (according to Order) proceeded to take into Consideration, "Whether the Lords of Session in Scotland had Jurisdiction to proceed upon and determine the Claim and Exceptions put in by the Respondent before the said Lords of Session."

And the Judges attending (according to Order); and their unanimous Opinion being delivered thereupon, "That the Lords of Session had not such Jurisdiction:"

It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That, the said Claim and Exceptions put in before the Lords of Session, by and on the Behalf of the said Respondent, admitting the said late Earl of Mar to have a Life Rent Estate in the Lands in Question, the said Lords of Session had no Jurisdiction to proceed thereupon; and that their Decree, or Interlocutory Sentence, in this Case, be therefore declared to be null and void; and the same is hereby declared and adjudged null and void.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lords of Session do, with all convenient Speed, lay before this House an Account, in Writing, why they have assumed to themselves a Jurisdiction to proceed upon the Respondent's Exceptions, contrary to the Directions of the Act of Parliament: And that the Commissioners and Trustees of the forfeited Estates acting in Scotland do likewise, with convenient Speed, lay before this House an Account, in Writing, why they did not insist, in this Cause, that the Lords of Session had no Jurisdiction to proceed upon the said Exceptions; and whether any Claim was lodged before them by or on the Behalf of the Respondent; and when and what Proceedings have been had thereupon; and in case the same be not determined, why they have not proceeded to the Determination thereof.

Commissioners forfeited Estates versus Cassie:

Whereas this Day was appointed, for hearing the Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and Andrew Cossie is Respondent:

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

Whitby & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Daniel Whitby Doctor in Divinity, Prebendary of the Prebend of Teington Regis, in the Cathedral Church of Sarum, and of Thomas Copleston Esquire, was reserred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Lessees and Farmers of Daniel Whitby Doctor in Divinity, and Prebendary of Teington Regis, in the Cathedral Church of the Blessed Lady Mary the Virgin, of Sarum, and of all succeeding Prebendaries of the said Prebend for the Time being, to make Leases of the Copyhold Lands of the several Manors of Preston, alias Prestown, and Churchland, alias Parson's-land, in the County of Devon."

Nicholetts & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Anne Mary Christiana Nicholetts, Widow of Gilbert Nicholetts Esquire, deceased, on Behalf of herself and Gilbert Nicholetts her Son, an Infant of the Age of Years, and Mary Nicholetts and Anne Nicholetts Spinsters, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Estate late of Gilbert Nicholetts Esquire, deceased, in Trustees, for Payment of his Debts, and Sisters Portions; and for making a Provision for his Widow and Child."

Sir John Chichester's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Sir John Chichester Baronet, for the Purposes therein mentioned."

Walker's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Anne Walker, alias Baughs, a Minor, the Wife of Thomas Folliott Walker Gentleman, to sell and convey unto the Right Honourable William Conolly Esquire and his Heirs her Share and Proportion of several Manors, Lands, Tenements, and Hereditaments, in the Kingdom of Ireland, devised to her by the last Will of Thomas late Lord Folliott, deceased; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Sir W. Keyt's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for discharging certain Estates, in the Counties of Lincoln and Warwick, of and from the Uses and Limitations contained in the Marriage Settlement of Sir William Keyt Baronet; and settling other Lands, in the County of Gloucester, of greater Value, to the same Uses."

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

It was Resolved in the Affirmative.

Message to H. C. with it, and Walker's Bill.

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

To carry down the before-mentioned Bills, and desire their Concurrence thereunto.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum sextum diem instantis (fn. 2) Februarii, hora undecima Aurora, Dominis sic decernentibus.

DIE Martis, 16o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Cantuar.
Arch. Eboracen.
Epus. London.
Epus. Winton.
Epus. Wigorn.
Epus. Sarum.
Epus. Roffen.
Epus. Cestriens.
Epus. Glocestr.
Epus. St. Asaphen.
Epus. Oxon.
Epus. Lincoln.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Cleveland & South'ton.
Dux St. Albans.
Dux Bolton.
Dux Bucks & Nor.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
Dux Manchester.
March. Annandale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Dorset & Middlesex.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Westmorland.
Comes Berks.
Comes Clarendon.
Comes Cardigan.
Comes Radnor.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Holderness.
Comes Warrington.
Comes Bradford.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Orkney.
Comes Bute.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Stanhope.
Comes Coningesby.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobbam.
Ds. Delawarr.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lucas.
Ds. Guilford.
Ds. Lempster.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Boyle.
Ds. Montjoy.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bingley.
Ds. Carleton.
Ds. Romney.
Ds. Newburgh.
Ds. Pawlet de Bas.

PRAYERS.

L. Chancellor to transmit the Judgement and Order in Erskine's Cause to the L. President of the Court of Session.

Upon reading the Judgement and Order of this House made Yesterday, in the Cause wherein the Commissioners and Trustees of the forfeited Estates were Appellants, and Thomas Erskine Son of John late Earl of Mar was Respondent:

It is Ordered, That the Lord Chancellor do transmit the said Judgement and Order made in the said Cause, to the Lord President of the Session in Scotland, to be by him communicated to the other Lords of the Session there.

Cusack versus Buckley.

Upon reading the Petition of William Buckley, Respondent to the Petition and Appeal of Robert Cusack and Jane his Wife; praying, "In regard the said Appeal is of a public Concern, that a particular Day may be appointed for hearing thereof:"

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

Dunch's Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for supplying the Defects in, and better Performance of, the Will of Edmond Dunch Esquire, deceased."

And the same being read:

His Majesty's Consent signified to it.

The Earl Stanhope acquainted the House, "That Application having been made to His Majesty, who has an Interest in what is excepted by the said Amendments; His Majesty is pleased, so far as the same concerns the Crown, to consent thereunto."

Then the said Amendments were read a Second and Third Time, and agreed to.

Message to H. C. that the Lords agree to the Bill.

And a Message was sent to the House of Commons, by Mr. Bennet and Mr. Lightboun, to acquaint them therewith.

Message from ence with a Bill.

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

With a Bill, intituled, "An Act to enable Elizabeth Gomeldon Widow, and her Trustees, to enter their respective Claims before the Commissioners and Trustees for the forfeited Estates; and to empower the said Commissioners and Trustees to hear and determine the same;" to which they desire their Lordships Concurrence.

Sir J. Lumley Pet. referred to Judges.

Upon reading the Petition of Sir James Lumley Baronet, only Son and Heir and Devisee of Sir Martin Lumley Baronet, deceased; praying Leave to bring in a Bill, to enable the Petitioner to settle a competent Jointure or Jointures, on such Wife or Wives he may happen to intermarry with, of all or any Part of the Lands settled by his Father's Will, with Power to let Leases thereof; and to provide that the Petitioner may settle an Equivalent for the same:

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

Dependency of Ireland, for securing, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better securing the Dependency of the Kingdom of Ireland upon the Crown of Great Britain."

After some Time spent therein, the House was resumed.

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

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

Morison versus Nisbet & al.

Whereas this Day was appointed, for hearing the Cause wherein William Morrison of Preston Grange Esquire is Appellant, and William Nisbet and others are Respondents:

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

Mrs. Lyon's Report referred back to Committee.

The House (according to Order) proceeded to take into further Consideration the Report of the Lords Committees appointed to consider of the Petition of Catherine Lyon Widow; complaining, "That the Lords of Session in Scotland had not taxed her her Costs, pursuant to former Orders of this House."

And the same being read by the Clerk;

And Debate thereupon:

It is Ordered, That the said Report be referred back to the same Committee, to consider what further Sums should be allowed the Petitioner for her Costs; and to report the same to the House.

Their Lordships, or any Five of them; to meet at the same Time and Place To-morrow.

River Idle navigable, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for making the River Idle navigable, from East Redford, in the County of Nottingham, to Bawtry Wharfe, in the County of York."

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. Bennet and Mr. Lightboun:

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

Dove's Bill.

The Earl of Westmorland reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Thomas Dove Esquire to raise Two Thousand Pounds upon his Estate at Upton, Sutton, Aylesworth, and Castor; and to make Sale of his Estate at Heathen Coat, in the County of Northampton, for discharging Incumbrances upon the said Estates, and raising Portions for his Brother and Sister, and Payment of his Father's and his own Debts," was committed: "That they had considered of the said Bill, and found the Allegations thereof to be true; and that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the Bill be engrossed.

Adjourn.

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

DIE Mercurii, 17o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Eboracen.
Epus. Winton.
Epus. Sarum.
Epus. Cestrien.
Epus. Glocestr.
Epus. Asaphen.
Epus. Lincoln.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Bolton.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
March. Annandale.
Comes Lincoln.
Comes Dorset.
Comes Northampton.
Comes Westmorland.
Comes Sunderland.
Comes Clarendon.
Comes Cardigan.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Orkney.
Comes Bute.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Stanhope.
Comes Coningesby.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount Cobham.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Cornwallis.
Ds. Lucas.
Ds. Herbert.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Hay.
Ds. Montjoy.
Ds. Bathurst.
Ds. Carleton.
Ds. Romney.

PRAYERS.

Visc. Grandison & al. Pet. referred to Judges.

Upon reading the Petition of John Viscount Grandison in the Kingdom of Ireland, in Behalf of himself and his Son James Fitzgerald Villiers an Infant, Charles Villiers Esquire, William Villiers Esquire, Edward Rumbold Esquire and Anne his Wife; praying Leave to bring in a Bill, for Sale of several Messuages, Houses, Cottages, and other Premises, in The Little Minoryes, in the Parish of The Holy Trinity, in the City of London and County of Middl'x; and, with the Monies arising thereby, to purchase other Lands or Houses, to be settled to the same Uses as the Premises to be sold are limited:

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

Book against the Trinity, Stagg examined concerning:

Complaint was made to the House, "That a great Number of Books, the same with that ordered to be burnt Yesterday, were dispersed and publicly sold in Westminster Hall, and other Places."

And thereupon John Stagg, a Bookseller in Westminster Hall, was called in, and examined upon Oath, in relation to his Knowledge of this Matter.

And he acquainted the House, "That Mr. Dodd's Man, who lives at The Peacock without Temple Bar, left with him at his Shop Yesterday a Dozen of those Books; but he knew not the Name of the Man, nor has he yet paid for them."

And being withdrawn:

Dodd and his Man to attend.

Ordered, That the said Dodd, and his Man who dispersed the said Books, do attend this House To-morrow Morning.

Commissioners forfeited Estates versus J. Stirling.

This Day being appointed, to hear Counsel, upon the Petitions of Appeal of the Commissioners and Trustees of the forfeited Estates, to one of which John Stirling Eldest Son of James Stirling late of Keir is Respondent; and to the other Andrew Cassie of Kirkhouse is Respondent; both complaining of certain Decrees, or Interlocutory Sentences, of the Lords of Session in Scotland:

The Lord Chancellor was directed to acquaint the Counsel, "That they should in the First Place apply themselves to state the Point of Jurisdiction in these Causes, in case there be any Question, or Room for any Question, Whether the said Lords of Session had a Jurisdiction to determine thereupon?"

And the Counsel being called in;

The Lord Chancellor acquainted them accordingly.

And the Counsel for the Appellants thereupon insisted, The Cause first abovementioned did not fall under the Jurisdiction of the said Lords of Session."

And the Respondent's Counsel admitting the Exception put in by the Respondent was of such a Nature, as that the Lords of Session had no Jurisdiction in the said Cause:

They were directed to withdraw.

And it appearing, that this Cause was of the like Nature with that between the said Commissioners and Thomas Erskine Son of the late Earl of Mar, in which Judgement was given on Monday last:

It is Resolved and Decreed, by the Lords Spiritual and Temporal in Parliament assembled, That, the Exception put in before the said Lords of Session, by the said Respondent, admitting that James Stirling, late of Keir, had a Life-rent Estate in the Lands in Question, the said Lords of Session had no Jurisdiction to proceed thereupon; and that their Decree, or Interlocutory Sentence, in this Case, be therefore declared to be null and void; and the same is declared and adjudged null and void.

Commissioners forfeited Estates versus Cassie.

Then the Counsel were called in, to be heard on the other Appeal of the said Commissioners, to which the said Andrew Cassie is Respondent.

And they not agreeing whether the Lords of Session had Jurisdiction therein or not:

The Lord Chancellor directed them to speak first to the Point of the Jurisdiction.

And Counsel on both Sides were heard accordingly.

And due Consideration being had of what was offered in this Case:

It is Resolved and Decreed, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lords of Session had no Jurisdiction to proceed in this Cause; and that their Decree, or Interlocutory Sentence, in the said Cause, be therefore declared to be null and void; and the same is declared and adjudged null and void.

Then it being proposed, "To refer the several Appeals of the Commissioners and Trustees for the forfeited Estates to the Judges, to be inspected by them, in relation to the Point of Jurisdiction of the said Lords of Session:"

It was moved, "That it be referred to a Committee, to look into the Appeals of the said Commissioners now depending before the House, and into the Exceptions, Answers, and Decrees, in those Causes; and to report to the House the State of such of them wherein they conceive the said Lords of Session had no Jurisdiction."

And a Question being stated thereupon:

It was moved, "That the Words ["a Committee"] be left out of the said Question."

And the same being objected to:

The Question was put, "Whether those Words shall stand Part of the Question?"

It was Resolved in the Negative.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That it be referred to the Judges, to look into the Appeals of the Commissioners and Trustees for the forfeited Estates now depending before the House, and into the Exceptions, Answers, and De crees, in those Causes; and to report to the House the State of such of them wherein they conceive the said Lords of Session had no Jurisdiction.

Baltonsbury Common, enclosing, Leave for a Bill.

Upon reading the Petition of Claver Morris M. D. and William Peirs Esquire, on Behalf of themselves and other the respective Owners of the Common called Baltonsbury Wood, alias Baltonsbury North Wood, in or near the Parishes of Baltonsbury and Bradly, in the County of Somerset; praying Leave to bring in a Bill, to enable the Petitioners and the other Proprietors of the said Common effectually to enclose and make Partition of the same:

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

Whitby's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Lessees and Farmers of Daniel Whitby Doctor in Divinity, and Prebendary of Teington Regis, in the Cathedral Church of the Blessed Lady Mary the Virgin of Sarum, and of all succeeding Prebendaries of the said Prebend for the Time being, to make Leases of the Copyhold Lands of the several Manors of Preston, alias Prestown, and Church-land, alias The Parson's-land, in the County of Devon."

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

Ld. President.
Duke of Bolton.
D. Bucks.
D. Roxburgh.
D. Wharton.
E. Dorset.
E. Westmorland.
E. Sunderland.
E. Clarendon.
E. Yarmouth.
E. Nottingham.
E. Rochester.
E. Coventry.
E. Hadinton.
E. Strafford.
E. Aylesford.
E. Sussex.
E. Cowper.
E. Stanhope.
E. Coningesby.
V. Townshend.
V. Hatton.
V. Cobham.
L. Abp. York.
L. Bp. Sarum.
L. Bp. Chester.
L. Bp. Glocester.
L. Bp. Lincoln.
L. Bp. Exeter.
L. Bp. Carlisle.
L. Bp. Peterborough.
L. Bp. Bristol.
Ld. North & Grey.
L. Hunsdon.
L. Compton.
L. Cornwallis.
L. Lucas.
L. Herbert.
L. Gower.
L. Rosse.
L. Harcourt.
L. Hay.
L. Montjoy.
L. Bathurst.
L. Carleton.
L. Romney.

Their Lordships, or any Five of them; to meet on Thursday the Third 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.

Gomeldon's Bill.

Hodie 1a vice lccta est Billa, intituled, "An Act to enable Elizabeth Gomeldon Widow and her Trustees to enter their respective Claims before the Commissioners and Trustees for the forfeited Estates; and to empower the said Commissioners and Trustees to hear and determine the same."

Courtenay's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Kellond Courtenay Esquire and Susanna Prideaux, Infants under the Age of One and Twenty Years, by the Consent of certain Trustees, to grant Leases of their respective Parts of the Lands late of John Kellond Esquire, Charles his Son, and John his Grandson, deceased."

Adjourn.

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

DIE Jovis, 18o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Eboracen.
Epus. Wigorn.
Epus. Sarum.
Epus. Roffen.
Epus. Cestrien.
Epus. Glocestr.
Epus. Oxon.
Epus. Lincoln.
Epus. Exon.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux St. Albans.
Dux Bolton.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
March. Annandale.
Comes Lincoln.
Comes Dorset & Middlesex.
Comes Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Berks.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Litchfield.
Comes Radnor.
Comes Yarmouth.
Comes Abingdon.
Comes Holderness.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godclphin.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Orkney.
Comes Bute.
Comes Deloraine.
Comes Strafford.
Comes Aylesford.
Comes Sussex.
Comes Cowper.
Comes Stanhope.
Comes Coningesby.
Viscount Townshend.
Viscount Tadcaster.
Viscount St. John.
Ds. Delawar.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Maynard.
Ds. Byron.
Ds. Cornwallis.
Ds. Lucas.
Ds. Lumley.
Ds. Weston.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Boyle.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Carleton.
Ds. Romney.
Ds. Newburgh.

PRAYERS.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for making the River Douglas, alias Asland, navigable, from the River Ribble, to Wigan, in the County Palatine of Lancaster;" to which they desire their Lordships Concurrence.

Annesley versus Sherlock.

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

Ordered, That the further Consideration of the said Proceedings be adjourned to this Day Three Weeks.

Dependency of Ireland, for securing, Bill.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for the better securing the Dependency of the Kingdom of Ireland upon the Crown of Great Britain," was committed, the Amendments made by the Committee to the said Bill.

Which were read Twice, and agreed to.

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

Pamphlet against the Trinity:

The House being informed, "That Nathaniel Dodd and William Hewet his Man, who dispersed the Books censured by their Lordships, attended."

Dodd and his Man examined.

The said Hewet was called in, and examined upon Oath; and attesting, "He delivered them by Order of his Master;" he withdrew.

The said Dodd was called in; and acquainting the House, "When he sent the said Books, he did not know the same were censured by their Lordships;" he was dismissed.

Morrison versus Nisbet & al.

After hearing Counsel, in Part, upon the Petition and Appeal of William Morison of Preston Grange Esquire; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, made on the Behalf of William Nisbet and others:

It is Ordered, That this House will proceed to hear the Residue of the said Cause To-morrow, at Eleven a Clock.

Commissioners forfeited Estates versus J. Erskine of Balgownie.

Whereas To-morrow was appointed, for the hearing of the Cause wherein the Commissioners and Trustees for the forfeited Estates are Appellants, and John Erskine of Balgownie is Respondent:

It is Ordered, That the Hearing of the said Cause be adjourned till Monday next; and that the Judges do look into the said Appeal, and the Exceptions, Answer, and Decree, in that Cause; and report to the House, before that Time, the State thereof, in case they conceive the Lords of Session in Scotland had any Jurisdiction to proceed in determining thereupon.

Ordered, That all the other Causes be removed One Cause-day in Course.

Adjourn.

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

DIE Veneris, 19o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Sarum.
Epus. Glocestr.
Epus. Asaphen.
Epus. Exon.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, Custos Privati Sigilli.
Dux Greenwich, Senescallus.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
March. Annandale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Sunderland.
Comes Clarendon.
Comes Cardigan.
Comes Yarmouth.
Comes Nottingham.
Comes Abingdon.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Orkney.
Comes Bute.
Comes Strafford.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Stanhope.
Comes Coningesby.
Viscount Townshend.
Viscount Tadcaster.
Viscount Castleton.
Ds. Delawar.
Ds. North & Grey.
Ds. Compton.
Ds. Cornwallis.
Ds. Lucas.
Ds. Lumley.
Ds. Gower.
Ds. Rosse.
Ds. Hay.
Ds. Bathurst.
Ds. Carleton.
Ds. Romney.

PRAYERS.

Report from Commissioners forseited Estates in England, delivered.

The House was informed, "That Mr. Martin attended, from the Commissioners and Trustees of the forfeited Estates."

He was called in; and delivered, at the Bar, the further Report of such of the Commissioners and Trustees as have been appointed to execute the several Trusts and Powers in relation to England and Ireland, and elsewhere (except Scotland), contained in Two several Acts of Parliament; the one, intituled, "An Act for appointing Commissioners, to inquire of the Estates of certain Traitors, and of Popish Recusants, and of Estates given to Superstitious Uses, in order to raise Money out of them, severally, for the Use of the Public;" the other, intituled, "An Act for vesting the forseited Estates in Great Britain and Ireland in Trustees, to be sold, for the Use of the Public; and for giving Relief to lawful Creditors, by determining the Claims; and for the more effectual bringing into the respective Exchequers the Rents and profits of the said Estates till sold:"

With Three Appendixes.

And withdrew.

And the Titles thereof were read.

Morison versus Nisbet & al.

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of William Morison of Preston Grange Esquire; complaining of several Decretal Orders of the Lords of Session in Scotland, of the Nineteenth and Five and Twentieth of February 1697, the Nineteenth of November 1702, and the Tenth of July 1707, made on the Behalf of William Nisbet of Dirleton Esquire, Dame Jane Nisbet, Lady Harden, Sir William Scot of Thirleston, the Heirs of Sir William Scot of Harden, her First Husband, deceased; and praying, "That the same may be reversed:" As also upon the several Answers of the said William Nisbet, Sir William Scot of Thirleston, John Scot of Harden an Infant, by his Guardian, Heir of Entail to the late Sir William Scot of Harden, and others, put in to the said Appeal; and due Consideration had of what was offered thereupon:

Decretal Orders assumed:

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 Decretal Orders complained of in the said Appeal be, and are hereby, affirmed.

Baltonsbury Common, enclosing, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for enclosing the Common commonly called Baltonsbury Common, in the Parishes of Baltonsbury and Bradly, in the County of Somerset."

Simons's Complaint against Andrews & al.

A Petition of William Simons, Deputy to the Gentleman Usher of the Black Rod, was presented to the House, and read; setting forth the Resistance of Henry Andrews, whom he was ordered to attach for a Contempt; and of being assaulted by one Hudson and Clark, and others, who seized the Petitioner and his Assistants in a forcible Manner, till the said Andrews made his Escape: "That the said Andrews hath preserred a Bill in the Court of Exchequer against him, and hath indicted the Petitioner and others his Assistants in the Court of King's Bench, to the Petitioner's great Expence, and in order to deter him from executing their Lordships said Order;" and praying, "That this House will take the Premises into Consideration, and do therein as to their Lordships shall seem meet:"

Referred to Committee of Privileges.

Ordered, That the said Petition be referred to the Lords Committees for Privileges; to consider thereof, and examine into the Matters therein contained; and report the State of the Case, with their Opinion thereupon, to the House.

To meet on Monday next, at Ten of the Clock in the Forenoon, in the House of Peers.

Pendarves, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Alexander Pendarves of Roscrow in the County of Cornwall Esquire was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

L. Carbery & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of George Lord Carbery and Anne Lady Carbery his Wife, and of Henry O Brien Esquire and Susanna his Wife, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

Nicholetts Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Estate late of Gilbert Nicholetts Esquire, deceased, in Trustees, for Payment of his Debts and Sisters Portions; and for making a Provision for his Widow and Child."

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

Ld. President.
D. Bucks & Nor.
D. Montrose.
D. Wharton.
M. Annandale.
E. Dorset.
E. Warwick.
E. Westmorland.
E. Clarendon.
E. Yarmouth.
E. Abingdon.
E. Coventry.
E. Godolphin.
E. Buchan.
E. Hadinton.
E. Loudoun.
E. Bute.
E. Bristol.
E. Sussex.
E. Cowper.
E. Coningesby.
V. Townshend.
V. Tadcaster.
L. Bp. Sarum.
L. B. Glocester.
L. B. Exeter.
L. B. Bristol.
L. Delawar.
L. North & Grey.
L. Compton.
L. Cornwallis.
L. Lucas.
L. Lumley.
L. Gawer.
L. Rosse.
L. Hay.
L. Bathurst.
L. Carleton.
L. Romney.

Their Lordships, or any Five of them; to meet on Saturday the Fifth 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.

Gomeldon's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Elizabeth Gomeldon Widow, and her Trustees, to enter their respective Claims before the Commissioners and Trustees for the forfeited Estates; and to empower the said Commissioners and Trustees to hear and determine the same."

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

River Douglas, navigable, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for making the River Douglas, alias Astand, navigable, from the River Ribble to Wigan, in the County Palatine of Lancaster."

Stevenidge Roads, repairing, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for repairing the Roads from Stevenidge, in the County of Hertford, to Biggleswade, in the County of Bedford."

Sir J. Chichester's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Sir John Chichester Baronet, for the Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the same Committee to whom Mr. Nicholetts' Bill stands referred; and to meet at the same Time and Place.

Courtenay's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Kellond Courtenay Esquire and Susanna Prideaux, Infants under the Age of One and Twenty Years, by the Consent of certain Trustees, to grant Leases of their respective Parts of the Lands late of John Kellond Esquire, Charles his Son, and John his Grandson, deceased."

Ordered, That the said Bill be committed to the Consideration of the same Committee to whom Mr. Nicholetts' Bill stands referred; and to meet at the same Time and Place.

Pendarves' Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Estate of John Pendarves, late of Roscrow in the County of Cornwall Esquire, deceased, in new Trustees, to and for the same Uses, Intents, and Purposes, as are mentioned in his Will."

L. Carbery's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for confirming a Partition made between the Right Honourable George Lord Carbery Baron of Carbery in the Kingdom of Ireland, and Henry O Brien Esquire, of certain Manors, Lands, and Hereditaments, in the several Counties of Northampton and Rutland."

Woodward & al. to attend, about Simmons's Complaint.

Ordered, That Thomas Woodward, Rob't Winbolt, Henry Hudson, and John Clarke, do attend this House To-morrow, to be sworn at the Bar, in order to give Evidence before the Committee of Privileges to whom the Petition of William Simmons stands referred.

Dove's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Thomas Dove Esquire to raise Two Thousand Pounds upon his Estate at Upton, Sutton, Aylesworth, and Castor; and to make Sale of his Estate at Heathen Coat, in the County of Northampton, for discharging Incumbrances upon the said Estates, and raising Portions for his Brother and Sister, and Payment of his Father's and his own Debts."

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. Bennet and Mr. Lightboun:

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

Rosier to change his Name to Reynolds, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable John Rosier Esquire and his Issue to change their Surnames from Rosier to Reynolds."

Ordered, That the said Bill be committed to the Consideration of the same Committee to whom Mr. Nicholetts' Bill stands referred.

To meet at the same Place, on Wednesday next.

Backer's Nat Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Cornelius Backer."

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. Bennet and Mr. Lightboun:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, vicesimum diem instantis Februarii, hora undecima Auror. Dominis sic decernentibus.

DIE Sabbati, 20o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Roffen.
Epus. Cestrien.
Epus. Glocestr.
Epus. Asaphen.
Epus. Oxon.
Epus. Lincoln.
Epus. Litch & Cov.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, Custos Privati Sigilli.
Dux Greenwich, Senescallus.
Dux Bolton.
Dux Bucks & Nor.
Dux Rutland.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
March. Annandale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Bridgewater.
Comes Northampton.
Comes Westmorland.
Comes Berks.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Litchfield.
Comes Yarmouth.
Comes Rochester.
Comes Abingdon.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Orkney.
Comes Deloraine.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Sussex.
Comes Cowper.
Comes Coningesby.
Viscount Say & Seal.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Ds. Delawar.
Ds. Willoughby Br.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynbam.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lucas.
Ds. Lumley.
Ds. Lempster.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Lansdowne.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Carleton.
Ds. Romney.
Ds. Pawlet Bas.

PRAYERS.

Mr. Sanderson appointed Yeoman Usher.

The Lord Chancellor acquainted the House, "That Sir William Sanderson Knight, Gentleman Usher of the Black Rod, had appointed his Son William Sanderson Esquire to be Yeoman Usher, in the room of Mr. John Incledon, deceased."

Dependency of Ireland, for securing, Bill.

Ordered, That the Bill, intituled, "An Act for the better securing the Dependency of the Kingdom of Ireland upon the Crown of Great Britain," be read the Third Time on Monday next; and the Lords to be summoned.

L. Wenman versus Sir W. Osbaldiston & Ux.:

Counsel were this Day (according to Order) called in, to be heard, upon the Petition and Appeal of Richard Lord Wenman; complaining of several Orders and Proceedings of the Court of Chancery, in a Cause wherein Sir William Osbaldiston and Dame Catherine his Wife and others were Plaintiffs, and the Appellant Defendant; as also upon the Answer of the said Sir William Osbaldiston and Dame Catherine his Wife put in thereunto.

And the Counsel for the Appellant being directed to proceed:

The Counsel for the Respondents objected, "That Mr. John Wicksted and Mary his Wife, Sister to the said Dame Catherine, were Complainants in the Court below, with the said Sir William Osbaldiston and his Lady; but are not Parties to the said Appeal, which, as they conceived, they ought to be."

And the Appellant's Counsel being heard thereunto:

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

Appellant to amend his Appeal.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Appellant do amend his Appeal, by making the said John Wicksted and Mary his Wife Parties to the same; and that the said John Wicksted do put in an Answer thereunto, in Writing, for himself and his said Wife, within Four Days after Notice, to his Clerk in Court, that the same is so amended.

Hesketh's Petition against River Douglas Bill.

Upon reading the Petition of Thomas Hesketh of Rusforth in the County of Lancaster Esquire, on Behalf of himself and many other Proprietors of the Meadow or Marsh Land, lying upon and near the River Douglas, alias Asland, in the County of Lancaster; praying to be heard, by his Counsel or otherwise, against the Bill depending in this House, intituled, "An Act for making the River Douglas, alias Asland, navigable, from the River Ribble to Wigan, in the County Palatine of Lancaster:"

It is Ordered, That the said Bill be read a Second Time on Thursday next; and that the Petitioner may be heard, by his Counsel, at the Second Reading thereof, if he thinks fit.

Stafford & al. versus Mayor and Commonalty of London.

Whereas the Cause wherein John Stafford and others are Appellants, and the Mayor and Commonalty of the City of London are Respondents, is appointed to be heard on Friday the Fourth of March:

The House being moved, "That a Lease, or Counterpart thereof, which was produced in the Court below at hearing the said Cause there, may be produced at the Hearing in this House:"

It is Ordered, That the said Respondents do produce the Counter-part of the said Lease, at the Hearing in this House, as desired.

L. Carbery's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for consirming a Partition made between the Right Honourable George Lord Carbery, Baron of Carbery in the Kingdom of Ireland, and Henry O Brien Esquire, of certain Manors, Lands, and Hereditaments, in the several Counties of Northampton and Rutland."

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

Ld. Privy Seal.
D. Bolton.
D. Bucks.
D. Wharton.
M. Annandale.
E. Lincoln.
E. Dorset.
E. Westmorland.
E. Clarendon.
E. Yarmouth.
E. Rochester.
E. Loudoun.
E. Uxbridge.
E. Cowper.
E. Coningesby.
V. Townshend.
V. Tadcaster.
L. Bp. Sarum.
L. Bp. Chester.
L. Bp. Oxon.
L. Bp. Lincoln.
L. Bp. Carlisle.
L. Bp. Bristol.
Ld. Delawar.
L. North & Grey.
L. Compton.
L. Lucas.
L. Lumley.
L. Weston.
L. Ross.
L. Harcourt.
L. Boyle.
L. Trevor.
L. Carleton.

Their Lordships, or any Five of them; to meet on Monday the Seventh 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.

Commissioners for forteited Estates versus Erskine:

This Day the Judges, pursuant to an Order of this House of the Eighteenth Instant, delivered in a Report prepared by them, upon looking into the Appeal, Exceptions, Answer, and Decree, in a Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and John Erskine of Balgownie is Respondent.

Which was read, as follows:

Judges Report delivered.

In Obedience to an Order of the House of Lords, of the Eighteenth Day of February Instant, whereby it was referred to the Judges, to look into the Appeal, Exceptions, Answer, and Decree, given by the Court of Session in Scotland, in a Cause between John Erskine of Balgownie and the Commissioners and Trustees for forfeited Estates, against which Decree the said Commissioners have brought the said Appeal: The Judges have looked into the said Appeal, Exceptions, Answer, and Decree; and it appears to them, that the Exceptions presented for the said John Erskine do not set forth, That John late Earl of Mar, the forfeiting Person, was not in Possession of the Estate claimed by the Exceptant; and that it is admitted, by the Decree itself, that the said late Earl of Mar had an Interest in, and was seised of, the said Estate, as Joint Tenant with the Exceptant: And therefore they are humbly of Opinion, that the Court of Session in Scotland had no Jurisdiction to proceed in determining in that Case."

Whereas Monday next was appointed, for hearing the Cause wherein the Commissioners and Trustees for the forfeited Estates are Appellants, and John Erskine of Balgownie is Respondent:

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

Baltonsbury Common, enclosing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enclosing the Common, commonly called Baltonsbury Common, in the Parishes of Baltonsbury and Bradly, in the County of Somerset."

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

Pendarves' Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Estate of John Pendarves, late of Roscrow, in the County of Cornwall, Esquire, deceased, in new Trustees, to and for the same Uses, Intents, and Purposes, as are mentioned in his Will."

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

Sir E. Hales & al. Petition referred to Judges.

Upon reading the Petition of Sir Edward Hales Baronet, Jacob Wittewrong Esquire and Anne his Wife, John Parker Esquire and Anne his Wife, James and Stephen Hales Gentlemen, Sir Thomas Hales Baronet, and Thomas Hales Esquire Eldest Son and Heir Apparent of the said Sir Thomas Hales; praying Leave to bring in a Bill, for Sale of divers Manors, Messuages, Lands, Tenements, and Hereditaments, in the County of Warwick, and in the City and County of the City of Coventry, for Payment of the Debts and Legacies of Sir John Hales and Sir Christopher Hales Baronets, deceased; and for applying the Residue of the Money arising by such Sale or Sales for the several Purposes in the Petition mentioned:

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

Stevenidge Roads, repairing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Roads from Stevenidge, in the County of Hertford, to Biggleswade, in the County of Bedford."

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, vicesimum secundum diem instantis Februarii, hora undecima Auror. Dominis sic decernentibus.

Footnotes

1 Bis in Originali.
2 Origin. Martii.