House of Lords Journal Volume 21
February 1720, 21-30

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History of Parliament Trust

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Year published

1767-1830

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241-249

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'House of Lords Journal Volume 21: February 1720, 21-30', Journal of the House of Lords: volume 21: 1718-1721 (1767-1830), pp. 241-249. URL: http://british-history.ac.uk/report.aspx?compid=113432 Date accessed: 23 November 2014.


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February 1720, 21-30

DIE Lunæ, 22o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Eboracen.
Epus. Sarum.
Epus. Roffen.
Epus. Glocestr.
Epus. Lincoln.
Epus. Exon.
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 Montrose.
Dux Wharton.
Comes Dorset & Midd'x.
Comes Leicester.
Comes Northampton.
Comes Sunderland.
Comes Clarendon.
Comes Cardigan.
Comes Abingdon.
Comes Holderness.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Hadinton.
Comes Orkney.
Comes Bute.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Stanhope.
Comes Coningesby.
Viscount Say & Seal.
Viscount Hatton.
Viscount Tadcaster.
Viscount Castleton.
Ds. Delawar.
Ds. North & Grey.
Ds. Compton.
Ds. Cornwallis.
Ds. Lucas.
Ds. Lempster.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Boyle.
Ds. Bathurst.
Ds. Carleton.
Ds. Romney.

PRAYERS.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for naturalizing Erasmus Hopfer;" to which they desire their Lordships Concurrence.

Dependency of Ireland, for securing, Bill.

Hodie 3a 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, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

Wharton.
Tadcaster."

Message to H. C. with the Bill.

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

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

Petitions for River Douglas Bill:

A Petition of the Mayor, Bailiffs, and Burgesses; of the antient Borough and Corporation of Liverpoole, in the County Palatine of Lancaster, in Common Council assembled:

Likewise, a Petition of the Gentlemen, Tradesmen, and Freeholders, and other Inhabitants, of the Markettowns of Manchester, Bolton, Bury, and Rochdale, in the County Palatine of Lancaster:

Also a Petition of the Justices of the Peace, Gentlemen, and others, Owners of Lands, or Inhabitants, in Kirkham, Bolton, Weeton, and other Places, in that Part of the County of Lancaster called The Fyld, in Behalf of themselves and many Thousand others, Owners and Inhabitants; praying, "That 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," may pass into a Law:"

Were severally presented to the House, and read.

And the said Petitions were severally ordered to lie on the Table.

Hall, Wilkin, and Warner, discharged.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Joseph Hall, William Wilkin, and Thomas Warner, the Author, Printer, and Publisher, of a Pamphlet, intituled, "A Sober Reply to Mr. Higg's Merry Arguments from the Light of Nature, for the Tritheistick Doctrine of the Trinity," now in the Custody of the Gentleman Usher of the Black Rod, be discharged out of the said Custody, upon paying their Fees; and upon their entering into Recognizance, before the Lord Chief Justice of the Court of King's Bench, for their Appearance the First Day of the next Term in that Court, to answer such Information as may be exhibited against them.

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

Butler versus Sir T. Prendergast & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Theobald Butler is Appellant, and Sir Thomas Prendergast, an Insant, by his Mother and Guardian Dame Penelope Prendergast, and others, are Respondents:"

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

Message from H. C. to return the Shipston and Tidmington Bill.

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

To return the Bill, intituled, "An Act for making the Townships of Shipston and Tidmington a distinct Parish from the Parish of Tredington, in the County and Diocese of Worcester; and for dividing the Rectory of the said Parish of Tredington into Three Parts;" and to acquaint this House, that they have agreed to the same, with One Amendment, to which they desire their Lordships Concurrence.

The House proceeded to take the said Amendment into Consideration.

And the same, being read Thrice, was agreed to.

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

Gratwood Heath, enclosing, Bill.

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

To return the Bill, intituled, "An Act for enclosing the Heath, or Common, commonly called Gratwood Heath, in the Parish of Eccleshall, in the County of Stafford;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Message from H. C. that they agree to Amendments to Van Hemert's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Francis Van Hemert and John Van Hemert;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Brodrick & al. Petition referred to Judges.

Upon reading the Petition of Lawrence Brodrick Doctor in Divinity, for and on the Behalf of himself and of Lawrence Brodrick his Son, an Infant, and of James Smith Gentleman and Penelope his Wife, Henry Browne Gentleman, Elizabeth Browne and Penelope Browne, Spinsters, Edward Barker Esquire and Dorothy his Wife, Martin Newport Merchant and Penelope his Wife; John Ewen Gentleman and Martha his Wife, and Stephen Blomfield Merchant; praying Leave to bring in a Bill, to enable the Performance of certain Articles of Agreement, dated the Seventh of April 1718, made by and between the Petitioners and Anne late Wife of the Petitioner Doctor Lawrence Brodrick, deceased, Devisees of Gustavus Fleetwood deceased, notwithstanding the Minority of the said Lawrence Brodrick the Infant:

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 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.

Gomeldon's Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the 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.

After some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the Committee of the whole House to whom the said Bill was committed, "That they find, upon reading the Preamble of the said Bill, several Decrees recited, and certain Facts stated, which 'twas proper should be inquired into: They conceived the Consideration of the said Bill more proper for a Select Committee."

It is thereupon Ordered, That the Consideration of the said Bill be committed to the Lords following:

Ld. President.
L. Steward.
D. Bucks.
D. Montrose.
D. Wharton.
E. Dorset.
E. Sunderland.
E. Clarendon.
E. Abingdon.
E. Warrington.
E. Coventry.
E. Orkney.
E. Bute.
E. Uxbridge.
E. Coningesby.
V. Say & Seal.
V. Tadcaster.
L. Abp. York.
L. Bp. Roffen.
L. Bp. Lincoln.
L. Bp. Carlisle.
L. Bp. Bristol.
L. Delawar.
L. North & Grey.
L. Cornwallis.
L. Lempster.
L. Weston.
L. Gower.
L. Harcourt.
L. Boyle.
L. Bathurst.
L. Carleton.

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.

Jurisdiction of Lords of Session, Judges Report concerning, delivered.

This Day the Judges, pursuant to an Order of this House of the Seventeenth Instant, delivered in a Report, prepared by them, upon looking into the Appeals of the Commissioners and Trustees for the forfeited Estates depending in this House, and into the Exceptions, Answers, and Decrees, in those Causes.

Which was read, as follows:

"In Obedience to an Order of this most Honourable House of the Seventeenth Day of February Instant; whereby it was referred to the Judges, to look into the Appeals of the Commissioners and Trustees for the forfeited Estates, now depending before this most Honourable House, and into the Exceptions, Answers, and Decrees, in those Causes; and to report the State of such of them wherein they conceive the Lords of Session had no Jurisdiction: They have looked into an Appeal of the said Commissioners and Trustees against Six several Decrees, made in Favour of Kenneth Mackenzie of Assint, decreeing the Estates of Six several Vassals of the late Earl of Seaforth, attainted, to the said Kenneth, as nearest Protestant Heir of the Family of Seaforth; and into the Exceptions, Answers, and Decrees, appealed from: But they have not reported to this House the State of the said Causes, because it doth not appear to them that the Lords of Session had no Jurisdiction therein. And it further appears to them, that the said Appeal is brought against a Seventh Decree, made in Favour of the said Kenneth M' Kenzie, in relation to a Part of the Estate of Sir Donald M' Donald, claimed by him as Superior, in virtue of the said Act of the First of His Majesty; but no such Decree has been produced before them. They have also looked into Two several other Appeals of the said Commissioners and Trustees; the One, against a Decree made in Favour of Alexander Gordon of Achintoul; the other, in Favour of James Duke of Hamilton and Brandon; and into the Exceptions, Answers, and Decrees, appealed from: But they have not reported to this House the State of the said Two last-mentioned Causes, because it doth not appear to them that the Lords of Session had no Jurisdiction therein."

Commissioners forfeited Estates versus Mackenzies.

Whereas To-morrow was appointed, for hearing the Cause wherein the Commissioners and Trustees for 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 First Day of March next, at Eleven a Clock.

Stevenidge Roads, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for repairing the Roads from Stevenidge, in the County of Hertford, to Biggleswade, in the County of Bedford."

After some Time spent therein; the House was resumed.

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

Adjourn.

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

DIE Mercurii, 24o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Eboracen.
Epus. London.
Epus. Sarum.
Epus. Cestrien.
Epus. Glocestr.
Epus. Asaphen.
Epus. Oxon.
Epus. Lincoln.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, Custos Privati Sigilli.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Bolton.
Dux Devon.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Westmorland.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Litchfield.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Holderness.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Hadinton.
Comes Loudoun.
Comes Orkney.
Comes Bute.
Comes Deloraine.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Coningesby.
Viscount Townsbend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Cobham.
Ds. Delawar.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lucas.
Ds. Lempster.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Bathurst.
Ds. Carleton.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh.

PRAYERS.

Commissioners forfeited Estates versus A. Gordon.

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 Twentieth of August last, made on the Behalf of Alexander Gordon of Achintoul; as also upon the Answer of the said Alexander Gordon put in thereunto:

Counsel accordingly were called in, and heard.

And being withdrawn;

It was moved, "In regard the Merits of this Cause depended on a Point of Law, That the Judges may be heard:"

It is thereupon Ordered, That the further Consideration of this Cause be adjourned till To-morrow; and that all the Judges do then attend; and that the Exception of the Respondent, and the Answer of the Commissioners, as also the Decree of the said Lords of Session complained of in the said Appeal, be sent to them in the mean Time; and that the Counsel do likewife attend.

Hesketh & al. Petition, to put off hearing Counsel against River Douglas Bill:

Upon reading the Petition, as well of Thomas Hesketh Esquire, as of William Squire Esquire and Thomas Steers Gentleman, the Undertakers named in the Bill for making the River Douglas, alias Asland, in the County of Lancaster, navigable; praying, "In regard the Petitioners Witnesses are not come to Town, that the hearing Counsel against the said Bill, which is appointed for To-morrow, may be adjourned for a few Days:"

It is Ordered, That the hearing Counsel, at the Second Reading of the said Bill, be adjourned till Tuesday next.

Mayor of Wigan & al. for making River Douglas navigable.

Upon reading the Petition of the Mayor, Aldermen, Bailiffs, and Burgesses, of the Borough and Corporation of Wigan, in the County Palatine of Lancaster; praying, "That the Bill, intituled, "An Act for making the River Douglas, alias Asland, navigable, from the River Ribble to Wigan, in the County Palatine of Lancaster," may pass:"

It is Ordered, That the said Petition do lie on the Table.

Harrison versus Dormer.

Upon reading the Petition of Robert Dormer Esquire, Respondent to the Appeal of Thomas Harrison Esquire; praying, "That the said Cause, which is appointed to be heard on Monday next, may be adjourned for Three Weeks, or such other Time as (fn. 1) to their Lordships should seem meet, in regard the Petitioner's Papers are not yet arrived from Ireland:"

It is Ordered, That the hearing the said Cause be adjourned to Tuesday the Fifteenth Day of March next, at Eleven a Clock.

Gomeldon's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the 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," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Rosier, to change his Name to Reynolds, Bill.

The Earl of Clarendon also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Rosier Esquire and his Issue to change their Surnames from Rosier to Reynolds," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Adjourn.

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

DIE Jovis, 25o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Eboracen.
Epus. London.
Epus. Sarum.
Epus. Cestriens.
Epus. Glocestr.
Epus. Asaphen.
Epus. Lincoln.
Epus. Bangor.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Devon.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
Dux Portland.
Dux Wharton.
March. Annandale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Westmorland.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Litchfield.
Comes Radnor.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Holderness.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Orkney.
Comes Bute.
Comes Deloraine.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Stanhope.
Comes Coningesby.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Ds. Delawar.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Byron.
Ds. Cornwallis.
Ds. Lucas.
Ds. Lumley.
Ds. Lempster.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Carleton.
Ds. Onslow.
Ds. Newburgh.

PRAYERS.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act for making the River Darwent, in the County of Derby, navigable;" to which they desire their Lordships Concurrence.

Also, a Message from the House of Commons, by Colonel Middleton and others:

With a Bill, intituled, "An Act for laying a Duty of Two Pennies Scotts, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer that shall be vended or sold within the Town of Montrose and Privileges thereof, for supplying the said Town with fresh Water, and for other Purposes therein mentioned;" to which they desire their Lordships Concurrence.

Commissioners forfeited Estates versus A. Gordon:

The Order of the Day being read, for taking into further Consideration the Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and Alexander Gordon of Achintoul is Respondent; and for the Judges to attend:

Who attending accordingly, they were directed to deliver their Opinions in relation to the following Matter, as stated to them; (videlicet,)

The Act of Parliament for the Attainder of George Earl of Marischal, and others, having enacted, "That, unless Major General Thomas Gordon Laird of Achintoul should render himself to One of His Majesty's Justices of Peace, by a Day therein specified;" and no such Render being made; and all the said Additions belonging to the Respondent, but that his Christian Name is Alexander, and not Thomas; "Whether, if the Respondent Major General Alexander Gordon Laird of Achintoul had been brought into the King's Bench, and Execution prayed against him, that Court would have awarded Execution against him?"

And, having conferred together, the Lord Chief Justice of the Court of King's Bench delivered their Opinion, "That the said Court could not award Execution on the Act against Alexander; because, in awarding of Execution, they must pursue the Act of Parliament, which is the Judgement on which it is to be founded."

And then the following Order and Judgement was made:

Decree affirmed.

"After hearing Counsel Yesterday, 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 Twentieth of August last, made on the Behalf of Alexander Gordon of Achintoul; and praying, That the same may be reversed: As also upon the Answer of the said Alexander Gordon put in thereunto; and likewise hearing the Opinion of the Judges, this Day, upon the said Case; and due Consideration had of what was offered therein: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Decree therein complained of be, and is hereby, affirmed."

River Darwent navigable, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for making the River Darwent, in the County of Derby, navigable."

Ordered, That the said Bill be read a Second Time on this Day Sevennight.

Nottingham, Mansfield, &c., Petition against it.

A Petition of the Justices of the Peace and Grand Jury for the County of Nottingham, at the General Quarter Sessions of the Peace held at Newark upon Trent, for the said County, the Thirteenth Day of January 1719:

Also, a Petition of the Mayor and Burgesses of the Town of Nottingham, in the County of the same Town, in Common Hall assembled:

And also, a Petition of the Gentlemen, Tradesmen; and Maltsters, in the Town of Mansfield, in the County of Nottingham:

Were severally presented to the House, and read; praying to be heard, by their Counsel; against the Bill, intituled, "An Act for making the River Darwent, in the County of Derby, navigable," to offer their Reasons against passing thereof:

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

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 next:

The House being moved, "That a Lease from the said Respondents to Mr. Houghton, concerning the Matters in Question, 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 Appellants do produce the said Lease, at the Hearing in this House, as desired.

Ly. Semple versus Murray.

The House being moved, "That Mr. Charles Dalrymple may be permitted to enter into Recognizance for Grissel Lady Semple, on her Appeal depending in this House, to which Alexander Murray of Broughton Esquire is Respondent; the Appellant residing in Ireland:"

It is Ordered, That the said Charles Dalrymple may enter into Recognizance for the said Appellant accordingly.

Squire and Steers for River Douglas Bill.

Upon reading the Petition of William Squire Esquire and Thomas Steers Gentleman, Undertakers for making the River Douglas, alias Asland, navigable, from the River Ribble to Wigan, in the County Palatine of Lancaster; setting forth, "That Thomas Hesketh Esquire, upon his Petition, is ordered to be heard, by Counsel, against the said Bill, at the Second Reading thereof;" and praying, "That the Petitioners may be heard, by their Counsel, at the same Time, for and on Behalf of the said Bill:"

It is Ordered, That the Petitioners may be heard, by their Counsel, for the said Bill, at the same Time, according to the Prayer of the said Petition.

Adjourn.

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

DIE Veneris, 26o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebordcen.
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 Kent, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Bolton.
Dux Bucks & Nor.
Dux Roxburgh.
Dux Wharton.
Dux Manchester.
March. Annandale.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Cardigan.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Holderness.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Orkney.
Comes Bute.
Comes Deloraine.
Comes Strafford.
Comes Uxbridge.
Comes Bristol.
Comes Sussex.
Comes Stanhope.
Comes Coningesby.
Viscount Townshend.
Viscount Hatton.
Viscount Cobham.
Ds. Delawar.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Cornwallis.
Ds. Lucas.
Ds. Lempster.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Trevor.
Ds. Batburst.
Ds. Carleton.
Ds. Onslow.
Ds. Newburgh.

PRAYERS.

Sir T. Gresley & al. against the Bill for making River Darwent navigable.

Upon reading the Petition of Sir Thomas Gresley, Sir John Harpur, Sir John Every, and Sir Edward Coke, Baronets, and divers other Gentlemen and Freeholders within the County and Borough of Derby; praying to be heard, by their Counsel, against the Bill, intituled, "An Act for making the River Darwent, in the County of Derby, navigable," before the passing thereof:

It is Ordered, That the Petitioners be at Liberty to be heard, by their Counsel, on Thursday next, at the Second Reading of the said Bill, according to the Prayer of the said Petition.

Mrs. Lyon's Report, concerning Costs to be allowed.

The Earl of Clarendon reported from the Lords Committees to whom the Report made upon the Petition of Catherine Lyon Widow, in relation to Costs in Scotland, was referred back, for their Lordships to consider what further Sums of Money should be allowed the Petitioner for her Costs: "That an attested Copy of the Petitioner's Bill of Costs, which was by her exhibited to the Lords of Session in Scotland, was laid before the Committee; who, in the First Place, proceeded to consider the Nature of such Costs therein as were by the said Lords of Session disallowed: And in such Consideration were attended by an ancient Practiser in Causes before the Lords of Session; and having heard him, upon Oath, as to the ordinary Allowances made for the several Articles in the Petitioner's said Bill so disallowed as aforesaid, and particularly considered the same, are of Opinion, that most of them ought to have been allowed; and therefore, having caused such of the said Articles to be cast up, they find the Sum Total thereof amounts to £. 186. 4s. 4d. ½."

The Committee also, upon their Inquiry into the other Disallowances of the said Lords of Session of the Petitioner's Costs and Expences, were informed, That the said Lords wholly disallowed all the Costs, Charges, and Expences, she had been at, upon her last Application to this House, when she was obliged to complain that the Lords of Session had not taxed her her Costs, pursuant to your Lordships Order, on hearing her Appeal; which Costs upon that Application, as she alledged, and offered to make Oath, amounts to Fifty Pounds and upwards, exclusive of the whole incident Charges and Damages she had been put to in prosecuting her several Suits for Thirteen Years past: But the said Lords of Session, on their Refusal, gave for Reason, that the Charges of the said Application fell more properly to be taxed by this House.

"The Committee were likewise informed, That the Costs and Charges which the Petitioner has necessarily been already put to upon her present Application to your Lordships, and the further Charges which will unavoidably be incurred before she can reap any Advantage thereby, will not be less than the Expences which her said former Application occasioned, amounting, as is abovementioned, to upwards of Fifty Pounds.

"The Committee, upon this whole Matter, think it further necessary to acquaint your Lordships, that the Costs taxed upon the Petitioner's Bill, by the said Lords of Session, amounts to Two Hundred Ninety-five Pounds, besides her Charges of extracting their Decree, which they have also allowed, though not ascertained; and which, the Committee were informed by the same ancient Practiser, will amount to upwards of Thirty Pounds; that the Costs disallowed by them, which the Committee conceive should have been allowed, amount to £. 186. 4s. 4½d. which, with the Costs of the said Two Applications to this House, amounting to £. 100. makes together, in the Whole, the Sum of £. 611. 4s. 4½d."

Which being read, by the Clerk, intire:

It is Ordered, That the said Report be taken into further Consideration on Monday next; and the Lords to be summoned.

Commissioners forfeited Estates versus D. Humilton and Brandon:

After hearing Counsel, upon the Petition and Appeal of the Commissioners and Trustees of the forfeited Estates; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the Twelfth of August last, made on the Behalf of James Duke of Hamilton and Brandon, and his Curators and Commissioners; and praying, "That the same may be reversed:" As also upon the Answer of the said James Duke of Hamilton and Brandon, an Infant, by his Curators and Commissioners, put in to the said Appeal; and due Consideration had of what was offered thereupon:

Decree varied.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutory Sentence, or Decree, complained of in the said Appeal, be, and is hereby, thus far varied, That, as to such Lands wherein the Estate or Interest of the late Earl of Linlithgow was forfeited to the Crown, the Tenants thereof shall not be bound to thirl to, or grind at, the Mill of the Respondent, in the Pleadings mentioned; and that, in all other Particulars, the said Decree be, and is hereby, affirmed.

Gomeldon's Bill:

Hodie 3a 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."

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. Lovibond and Mr. Godfrey:

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

Montrose, Duty on Beer, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scotts, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer, that shall be vended or sold within the Town of Montrose and Privileges thereof, for supplying the said Town with fresh Water; and for other Purposes therein mentioned."

Hopser's Nat. Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing Bennet Erasmus Hopfer."

Faireholm versus Sir W. Cockburn and Sir C. Hamilton:

A Petition of Thomas Faireholm Esquire was presented to the House, and read; setting forth, "That the Petitioner is aggrieved by a Decree of the Court of Session in Scotland; the last Interlocutor being pronounced the Two and Twentieth of January last, the Petitioner could not possibly get an Appeal lodged before the last Day on which Appeals were allowed to be received;" and praying, "In regard Sir George Hamilton, One of the Parties, is known to be insolvent, and the Decree will be put to Execution before the next Session of Parliament, that their Lordships will please to allow the Petitioner's Appeal to be received:"

To receive Appeal.

It is Ordered, That the said Petition be considered To-morrow; and that the Petitioner do then attend, in order to make good the Allegations therein mentioned.

Barry versus Dean Jephson.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Redmond Barry Esquire is Appellant, and the Reverend William Jephson Dean of Lismore in the Kingdom of Ireland is Respondent:"

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

Col. Vanse to enter into Recognizance for Mac Douall:

The House being moved, "That Colonel Patrick Vanse may be permitted to enter into a Recognizance for Patrick Mac Douall Esquire, on his Appeal depending in this House he being in Scotland:"

It is Ordered, That the said Colonel Patrick Vanse may enter into Recognizance for the said Appellant accordingly.

Mac Dowall to enter into Recognizance for L. Salton:

The like Order for Patrick Mac Dowall, Writer to His Majesty's Signet in Edinburgh, to enter into a Recognizance for Alexander Lord Salton, for a Reason of the same Nature.

Mac Dowall to enter into Recognizance for Carmichell.

The like Order also for the said Patrick Mac Dowall to enter into Recognizance for Daniel Carmichell, for the same Reason.

Adjourn.

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

DIE Sabbati, 27o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Sarum.
Epus. Cestrien.
Epus. Glocestr.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kent, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Bolton.
Dux Devon.
Dux Bucks & Nor.
Dux Rutland.
Dux Montrose.
Dux Wharton.
March. Annandale.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Northampton.
Comes Sunderland.
Comes Clarendon.
Comes Cardigan.
Comes Rochester.
Comes Holderness.
Comes Coventry.
Comes Buchan.
Comes Hadinton.
Comes Orkney.
Comes Bute.
Comes Strafford.
Comes Sussex.
Comes Stanhope.
Comes Coningesby.
Viscount Townshend.
Viscount Hatton.
Ds. Delawar.
Ds. North & Grey.
Ds. Compton.
Ds. Teynham.
Ds. Byron.
Ds. Cornwallis.
Ds. Lucas.
Ds. Lempster.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Carleton.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh.

PRAYERS.

Robertson versus E. of Kinnoul.

A Petition of John Robertson, was presented to the House, and read; setting forth, "That the Petitioner is admitted to prosecute his Appeal in this House in Forma Pauperis, and that Mr. Kettleby and Mr. Turnbull are assigned the Petitioner's Counsel;" and praying, "In regard they are to go the Circuit, that Mr. Mead and Mr. Bootle may be assigned in their Stead:"

It is Ordered, That the said Mr. Mead and Mr. Bootle be, and are hereby, assigned the Petitioner's Counsel accordingly.

Inhabitants of Bawtry versus River Darwent Bill.

Upon reading the Petition of the Gentlemen, Merchants, Freeholders, and other Inhabitants, of Bawtry, in the County of York; praying to be heard, by their Counsel, against the Bill, intituled, "An Act for making the River Darwent, in the County of Derby, navigable:"

It is Ordered, That the Petitioners may be heard, by their Counsel, against the said Bill, on Thursday next, at the Second Reading thereof.

Brodrick & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Lawrence Brodrick Doctor in Divinity, for and on Behalf of himself and of Lawrence Brodrick his Son, an Infant, and of James Smith Gentleman and Penelope his Wife, 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.

Stevenage Road Bill.

Hodie 3a 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:"

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

It was Resolved in the Affirmative.

Rosier, to change his Name to Reynolds, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable John Rosier Esquire and his Issue to change their Surnames from Rosier to Reynolds."

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 the Two preceding Bills.

Messages were severally sent to the House of Commons, by Mr. Holford and Mr. Godfrey:

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

Brodrick's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Lawrence Brodrick, an Infant, to perform certain Articles of Agreement entered into by Anne his Mother, since deceased, to whom he is Heir."

Hopser's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Bennet Erasmus Hopfer."

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

Ld. Privy Seal.
L. Steward.
Ld. Chamberlain.
D. Bucks.
D. Wharton.
M. Annandale.
E. Dorset & Middl'x.
E. Northampton.
E. Sunderland.
E. Clarendon.
E. Rochester.
E. Coventry.
E. Buchan.
E. Hadinton.
E. Orkney.
E. Bute.
E. Sussex.
E. Coningesby.
V. Townshend.
V. Hatton.
Ld. Bp. Sarum.
L. B. Glocester.
L. B. Exeter.
L. B. Litch. & Cov.
L. B. Carlisle.
L. B. Peterborough.
L. B. Bristol.
Ld. Delawar.
L. North & Grey.
L. Teynham.
L. Cornwallis.
L. Lucas.
L. Lempster.
L. Haversham.
L. Rosse.
L. Montjoy.
L. Masham.
L. Foley.
L. Carleton.
L. Onslow.
L. Newburgh.
L. Romney.

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

Montrose, Duty on Beer, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scots or One Sixth Part of a Penny Sterling upon every Pint of Ale or Beer that shall be vended or sold within the Town of Montrose and Privileges thereof, for supplying the said Town with fresh Water, and for other Purposes therein mentioned:"

Ordered, That the Consideration of the said Bill be committed to the Lords Committees abovenamed; to meet at the same Time and Place.

Fairholm versus Sir W. Cockburn and Sir G. Hamilton:

The House (according to Order) proceeded to take into further Consideration the Petition of Thomas Fairholm Esquire; praying, "That his Appeal may be received, in respect to the singular Circumstances of his Case, not withstanding the Order of this House to the contrary:"

And thereupon Charles Farquharson, the Petitioner's Agent, was called in; and examined, upon Oath, as to the Allegations of the said Petition.

And being withdrawn:

It is Ordered, That the said Appeal be received.

Then a Petition and Appeal of the said Thomas Fairholm of Pilton Esquire, was presented to the House, and read; complaining of several Interlocutors of the Lords of Session in Scotland, of the Sixth of June, the Eleventh of November, and Two and Twentieth of January last, made on the Behalf of Sir William Cockburn and Sir George Hamilton; and praying, "That the same may be reversed:"

Appeal received.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir William Cockburn and Sir George Hamilton may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto; in Writing, on or before Saturday the Six and Twentieth Day of March next.

Mrs. Lyon, Report concerning Costs.

Whereas Monday next was appointed; for the House to take into further Consideration the Report from the Lords Committees to whom the Report made upon the Petition of Catherine Lyon Widow, in relation to Costs in Scotland, was referred back, for their Lordships to consider what further Sums of Money should be allowed the Petitioner, for her Costs:

It is Ordered, That the further Consideration of the said Report be adjourned to Tuesday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, primum diem Martii jam prox. sequent hora undecima Auror. Dominis sic decernentibus.

Footnotes

1 Deest in Originali.