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

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History of Parliament Trust

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1767-1830

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264-276

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'House of Lords Journal Volume 21: March 1720, 11-20', Journal of the House of Lords: volume 21: 1718-1721 (1767-1830), pp. 264-276. URL: http://british-history.ac.uk/report.aspx?compid=113434 Date accessed: 23 November 2014.


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March 1720, 11-20

DIE Veneris, 11o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Eboracen.
Epus. London.
Epus. Wigorn.
Epus. Roffen.
Epus. Cestrien.
Epus. Glocestr.
Epus. Asaphen.
Epus. Oxon.
Epus. Lincoln.
Epus. Bangor.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Graston.
Dux Bolton.
Dux Devon.
Dux Bucks & Nor.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Portland.
Dux Manchester.
Comes Lincoln.
Comes Dorset & Middlesex.
Comes Bridgewater.
Comes Northampton.
Comes Westmorland.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Burlington.
Comes Litchfield.
Comes Abingdon.
Comes Holderness.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Dartmouth.
Comes Uxbridge.
Comes Aylesford.
Comes Cowper.
Comes Coningesby.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Castleton.
Viscount St. John.
Ds. Delawar.
Ds. Willoughby Br.
Ds. North & Grey.
Ds. Compton.
Ds. Teynham.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Lucas.
Ds. Lumley.
Ds. Guilford.
Ds. Ashburnham.
Ds. Lempster.
Ds. Weston.
Ds. Gower.
Ds. Rosse.
Ds. Boyle.
Ds. Hay.
Ds. Trevor.
Ds. Lansdowne.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Carleton.
Ds. Romney.
Ds. Newburgh.
Ds. Pawlet Bas.

PRAYERS.

Judges Report on Commissioners forseited Estates Appeals, &c. delivered.

This Day the Judges 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 of February last, whereby it was referred to us, 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 we conceive the Lords of Session have no Jurisdiction: We have looked into the several following Appeals of the said Commissioners and Trustees, now depending before this House; and into the Exceptions, Answers, and Decrees, in those Cases: And the State of them, as to the Jurisdiction of the Lords of Session, appears to us to be as follows:

(fn. 1) Commissioners, &c. versus Martin of Harwood.

The Exceptant has not set forth, in his Exceptions, That the forfeiting Person was not seised or possessed of, or interested in, or entitled unto, the Estate of Seaforth, otherwise than by Relation to the Act of Parliament 5to Georgii, for enlarging the Time to determine Claims, and to his Writings produced as the Grounds of his Exceptions; and it does not appear by the said Writings, that the Exceptant's Right was such as to exclude the forfeiting Person from the Possession of the said Estate: And therefore, we are of Opinion, the Lords of Session had no Jurisdiction in this Case.

Commissioners, &c.versus Lord Bargany and Jolly.

The Exceptants do not deny the actual Possession of the Person attainted; but object to the Right by which he did possess; and found their Exception on an Apprising without Possession; which was proper before the Commissioners, and therefore not within the Jurisdiction of the Lords of Session.

Commissioners, &c. versus Sir James Stewart.

The Exception of Sir James Stewart is of the same Nature with the foregoing Exception of the Lord Bargany; and therefore not within the Jurisdiction of the Lords of Session.

Commissioners, &c. versus Colin Mackenzie.

By the Exception of Mr. Colin Mackenzie to the Estate of Coull, it appears, that the forfeiting Person was seised and possessed of the said Lands and Estate on the 24th of June 1715; and therefore the Lords of Session had no Jurisdiction.

Commissioners, &c. versus Maule.

"The Exception of Mr. Hary Maule to the Estate of Balumby is of the same Nature with the above Exception of Mr. Colin Mackenzie; and therefore the Lords of Session had no Jurisdiction.

Commissioners, &c. versus Stewart of Ardvorlick.

"The Exceptant does not pretend that he was in Possession of the Lands in Question, nor that the forfeiting Person was not in Possession, on the 24th of June 1715; but founds his Exception on an Adjudication; which was proper before the Commissioners; and therefore the Lords of Session had no Jurisdiction.

Commissioners, &c. versus Bayne.

"The Exceptant does not pretend that he was in Possession of the Estate in Question on the 24th of June 1715, nor that the forfeiting Person was not in Possession on the said Day; and therefore we are of Opinion, the Lords of Session had no Jurisdiction.

Commissioners, &c. versus Forbes.

"It does not appear, by any Evidence brought by the Exceptant, that the forfeiting Person was ousted of Possession, or that the Exceptant was in Possession, on the 24th of June 1715; and therefore we are humbly of Opinion, the Lords of Session had no Jurisdiction.

Commissioners, &c. versus Lady Mary Hamilton.

"The Exceptant does not, by the Exception, deny that the forfeiting Person was, on the 24th of June 1715, possessed of the Lands in Question; but objects to the Sufficiency of the Rights by which he was in Possession, which was proper before the Commissioners; and therefore we are of Opinion, the Lords of Session had no Jurisdiction.

Commissioners, &c. versus Craiengelt.

"The Exceptant does not, by his Exceptions, pretend that none of the forfeiting Persons was seised of, interested in, or entitled unto, the Estate in Question, on the 24th of June 1715; nor do the Writings, Instructions, and Evidences, upon which he founds his Exceptions, establish such a Right in the Exceptant to the said Lands, as is exclusive of the Right of attainted Persons; but claims upon an Adjudication on which no Charter or Enfeosment had followed; and such Claim was proper before the Commissioners; and therefore, in our Opinion, the Lords of Session had no Jurisdiction.

Commissioners, &c. versus Patrick Carquharson.

"The Exceptant sets forth, in his Exceptions, that he was seised and possessed of the Lands and Estate of Inveray on the 24th of June 1715; and that none of the attainted Persons was seised or possessed of the same; and the Commissioners, in their Answers, do not deny that Patrick Farquharson, the Exceptant, was seised and possessed as above; and therefore we are of Opinion, that the Lords of Session had Jurisdiction in this Case.

Commissioners, &c. versus Donald Mackenzie.

"By the Exception it appears, that the Exceptant was seised and possessed of the Lands of Kilcowie on the 24th of June 1715; and it is not denied by the Commissioners: But the Question being, Whether the Exceptant was attainted or not; we are of Opinion, the Lords of Session had Jurisdiction.

Commissioners, &c. versus Donald Mac Donald.

"By the Exception it appears, that the Father of the Exceptant, under whom he claims as Heir, was seised and possessed of the Lands in Question on the 24th of June 1715; which is not denied by the Commissioners: But the Question being, Whether the said Father of the Exceptant was attainted or not; we are of Opinion, the Lords of Session had Jurisdiction.

Commissioners, &c. versus John Hog.

"The Exceptant pretends, that he was, on the 24th of June 1715, sole seised and possessed of, interested in, and entitled unto, the Estate in Question; and that the Persons attainted, mentioned in the Exception, were not on the said Day seised or possessed of, or interested in, or entitled unto, the same; and the Instructions and Writings, on which he founds his Exceptions, have all the Formalities of Disposition, Charter, Enfeofment, or Livery of Seisin and Possession, required by Law, to perfect a Right of Property in the Person of the Exceptant: But the Disposition is subject to Objections, importing a Desiciency of Right in the Disponer, which were proper to be heard and determined by the Lords of Session; and therefore we are of Opinion, that they had Jurisdiction in this Case.

Commissioners, &c. versus Stewart of Grantully.

"As to the Lands of Gaskinhall, it appears, that the Exception is founded on a Disposition, or Deed of Conveyance, of the Fee and Inheritance of the Lands in Question, from the forfeiting Person to the Exceptant, dated the Eighteenth of March 1708, and Eleventh of August 1709; and on an Assignment of an Estate for Life in the said Lands, from the Mother of the attainted Person also to the Exceptant, dated the Seventh of October 1712, both for valuable Considerations: It is contended, on Behalf of the Exceptant, "That the Possession and whole Right, Title, and Interest, to the said Lands, was conveyed, by Virtue of the aforesaid Deed and Assignment, to the Exceptant; and that the forfeiting Person was not, on the 24th of June 1715, interested in, or entitled unto, the said Estate, either as to the Right of Property or Possession; but that the Exceptant was entitled unto, interested in, and possessed of, the said Estate:" It is also contended on the Part of the Commissioners, "That, the aforesaid Conveyance not having been entered on Record, and no Surrender, Charter, Enfeofment, or Livery of Seisin, having followed upon it, the forfeiting Person did remain vested and seised by Charter and Enfeofment of the said Lands, subject to the said Estate for Life; and that, notwithstanding of the said Conveyance of the Fee and Inheritance, the forfeiting Person was, on the 24th of June 1715, interested in the said Estate, in so far as he might have made a Second Disposition in Favour of any Person, who upon his Enfeofment would have carried the Right to the Lands, to the Exclusion of the Exceptant; yea, the forfeiting Person's Creditors might, by Diligence subsequent to the said Conveyance, have carried the Right to the Lands, in Bar of the Exceptant's Title."

If, in Virtue of the Conveyance of the Fee and Inheritance, together with the said Assignment, to the Estate for Life, the Exceptant was seised and possessed of the said Estate in the full Right, so as that the forfeiting Person was, after the said Deeds, neither seised nor possessed of, nor interested in, nor entitled unto, the said Estates, the Lords of Session had Jurisdiction: But if the forfeiting Person, notwithstanding the said Deed, remained seised of the said Estate, or interested in the same; then the Lords of Session had, in our Opinion, no Jurisdiction: But, as to that it depends upon the Laws of Scotland, in which we are not knowing; we submit it to your Lordships.

Commissioners, &c. versus Stewart of Grantully.

"As to the Lands of Waterstoun, this Exception being founded on a Deed of the same Nature with that upon which the above Exception to the Lands of Gaskinball is founded; we are of the same Opinion as to the Jurisdiction of the Court of Session; and submit it to your Lordships."

Causes to be heard.

Ordered, That the several Causes mentioned in the said Report, wherein the Judges conceive the Lords of Session in Scotland had no Jurisdiction, be heard the same Day the other Causes of the like Nature stand appointed to be heard.

L. Wenman versus Sir William Osbaldeston & al.:

After hearing Counsel, upon the amended Petition and Appeal of Richard Lord Wenman, Viscount Tuam, Baron of Kilmanum, in the Kingdom of Ireland; complaining of several Orders and Proceedings of the Court of Chancery, of the Thirteenth of October 1716, of the Twelfth and Seven and Twentieth of November, Fourteenth and Eighteenth of December last, in a Cause wherein Sir William Osbaldeston Baronet and Dame Catherine his Wife, John Churchil Wicksted and Mary his Wife, and others, were Plaintiffs, and the Appellant Defendant; and praying, "That the said Orders and Proceedings, whereby the Appellant's Motions and Offers for adjusting and Payment of the Plaintiffs Demand have been denied or rejected; and whereby the Appellant was ordered to stand committed, his Estate to be sequestered, may be reversed, and the Appellant relieved:" As also upon the Answers of the said Sir William Osbaldeston and Dame Catherine his Wife, John Churchil Wicksted and Mary his Wife, put in to the said Appeal; and due Consideration had of what was offered on either Side in the said Cause:

Affirmed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Orders complained of by the said Appeal, whereby the Appellant was ordered to stand committed, and his Estate was ordered to be sequestered, and also the Sequestration issued in Pursuance thereof, be, and the same are hereby, affirmed, with this further Order, That it be, and is hereby, referred to the Master, to compute what is due to the Respondents Sir William Osbaldeston and Dame Catherine his Wife, for Principal and Interest of the Portion of the said Dame Catherine, and to tax them their Costs of this Suit; and, upon the Appellant's bringing before the Master the Principal Money so found due, in order to be paid as the Court of Chancery shall direct, and paying to Sir William Osbaldeston what shall be due for Interest and Costs, the said Appellant may be at Liberty to apply to the said Court to discharge the said Sequestration, giving Notice thereof to the Respondents John Churchil Wicksted and his Wife, and other Persons interested in her Portion.

Mrs. Bokenham's Petition to the King, concerning the Barony of Berners.

The Earl of Sunderland (by His Majesty's Command) presented to the House a Petition of Catharine Wife of Richard Bokenham Esquire, with His Majesty's Reference thereupon.

Which was read, and is as follows; (videlicet,)

"To the King's Most Excellent Majesty.

"The humble Petition of Catharine Wife of Richard Bokenham Esquire, the only furviving Sister and Heir of Thomas Knyvet Esquire, and lineal Heir of Jane Daughter and sole Heir of Sir John Bourchier Knight, Lord Berners;

"Humbly sheweth,

"That Sir John Bourchier, Knight of the Garter, your Petitioner's Ancestor, whose Heir she is, was summoned to Parliament, as a Baron of that Part of Great Britain called England, by Writ, dated the 26th Day of May in the Thirty third Year of King Henry the Sixth; the Writ being directed, Job'i Bourchier, de Berner's, Chevalier; which John Lord Berners was likewife summoned to divers other Parliaments, during the Reign of the said King; and also in the Reign of King Edward the Fourth, until his Death, which happened in the Fourteenth Year of the said King Edward the Fourth.

"To whom succeeded Sir John Bourchier Knight, his Grandson and Heir, (videlicet, Son of Sir Humfry Bourchier Knight, who died in his Life-time;) which Sir John Bourchier the Grandson, was also summoned to several Parliaments, by the said Title of Lord Berners, in the Reigns of King Henry the Seventh and King Henry the Eighth, and enjoyed the said Title and Barony during his Life, who, deceasing in the Year 1532, and the Twenty-third Year of the Reign of the said King Henry the Eighth, left Issue Jane his sole surviving Daughter and Heir, then or presently after married to Edmund Knyvet Esquire, by whom she had John Knyvet Esquire, who died in her Life-time, but left Issue Sir Thomas Knyvet, of Ashwelthorp, in the County of Norfolk, Knight, his Son and Heir, who, in or about the Year 1616, in the Fourteenth Year of King James the First, claimed the said Title and Dignity of Lord Berners, which was then adjudged to him by a Report of the then Lords Commissioners for the Office of Earl Marshal; but the said Sir Thomas Knyvet died in the Year 1617 (before Your Majesty's said Royal Progenitor had confirmed the said Report), leaving Thomas Knyvet Esquire, his Grandson, (videlicet, Son of Sir Thomas Knyvet, called the Younger, Knight, who died in his Life-time,) his Heir; and the Prosecution of his said Grandfather's Claim to the said Barony was thereupon discontinued; which Thomas Knyvet Esquire was Father of Sir John Knyvet Knight of the Bath, and he of Thomas Knyvet Esquire, your Petitioner's Brother, who, deceasing without Issue and unmarried, left your Petitioner and her Sisters his Coheirs. And your said Petitioner being, by the several Deaths of all her Sisters without Issue of their Bodies respectively, become the sole surviving Heir to the aforesaid Title and Barony of Berners, as also to the Lands and Seigniories thereunto belonging;

"Your Petitioner therefore most humbly prays Your Majesty, That Your Majesty will be graciously pleased to declare, allow, and confirm, the aforesaid Barony of Berners unto her the said Catharine, in Fee, with all such Rights and Privileges as have been usually granted to others in the like Cases by Your Majesty's Royal Predecessors.

"And your Petitioner, as in Duty bound, shall ever pray for Your Majesty's Health, Prosperity, &c."

Reference of it from His Majesty.

"Whitehall, 5th March 17 19/20.

"His Majesty, having been moved upon this Petition, is graciously pleased to refer the same (together with the Reports thereunto annexed) to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned; and to inform His Majesty how the same shall appear to their Lordships.

"Stanhope."

Petition and Reference referred to Committee of Privileges.

Upon reading the Petition of Catharine Wife of Richard Bokenham Esquire, the only surviving Sister and Heir of Thomas Knyvet Esquire, and lineal Heir of Jane Daughter and sole Heir of Sir John Bourchier Knight, Lord Berners, presented to His Majesty, and by His Majesty referred to this House; praying, "That His Majesty will be graciously pleased to declare, allow, and confirm, the aforesaid Barony of Berners unto her the said Catharine, in Fee, with all such Rights and Privileges as have been usually granted to others in the like Cases by His Majesty's Royal Predecessors:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition, and His Majesty's Reference thereupon, together with the Reports annexed thereunto, be referred to the Committee for Privileges; to consider thereof, and report their Opinion thereupon to the House; and to meet on Monday next.

E. of Shrewsbury's Bill.

Ordered, That the Bill, intituled, "An Act for annexing the late Duke of Shrewsbury's Estate to the Earldom of Shrewsbury; and confirming Gilbert Earl of Shrewsbury's Settlement in order thereto; and for other Purposes therein mentioned;" be read the Third Time To-morrow; and the Lords to be summoned.

Pendarves' Bill.

The Lord North & Grey reported from the Lords Committees to whom the Bill, 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," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which, being read Twice, were agreed to.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum effe usque ad et in diem Sabbati, duodecimum diem instantis Martii, hora undecima Auror. Dominis sic decernentibus.

DIE Sabbati, 12o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Eboracen.
Epus. London.
Epus. Wigorn.
Epus. Roffen.
Epus. Glocestr.
Epus. Asaphen.
Epus. Oxon.
Epus. Lincoln.
Epus. Bangor.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Devon.
Dux Bucks & Nor.
Dux Portland.
Dux Wharton.
March. Annandale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Bridgewater.
Comes Northampton.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Cardigan.
Comes Litchfield.
Comes Radnor.
Comes Yarmouth.
Comes Berkeley.
Comes Rochester.
Comes Abingdon.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Loudoun.
Comes Orkney.
Comes Ilay.
Comes Ferrers.
Comes Uxbridge.
Comes Sussex.
Comes Coningesby.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
Ds. Delawar.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lumley.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Carleton.
Ds. Romney.
Ds. Newburgh.

PRAYERS.

Messages from H. C. with a Bill; and to return Pembroke's Bill.

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

With a Bill, intituled, "An Act for preserving and improving the Navigation of the River Ouse, in the County of Huntingdon;" to which they desire their Lordships Concurrence.

Also, a Message from the House of Commons, by Sir Mathew Decker and others:

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

Also, a Message from the House of Commons, by Mr. Freman and others:

To return the Bill, 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

River Darwent navigable, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for making the River Darwent, in the County of Derby, navigable."

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 said Bill; and directed him to report the same to the House, without any Amendment."

E. of Shrewsbury's Bill:

Ordered, That the said Bill be read the Third Time on Tuesday next; and the Lords to be summoned.

Hodie 3a vice lecta est Billa, intituled, "An Act for annexing the late Duke of Shrewsbury's Estate to the Earldom of Shrewsbury; and confirming Gilbert Earl of Shrewsbury's Settlement in order thereto; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Meller and Mr. Fellows:

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

River Ouse navigation, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for preserving and improving the Navigation of the River Ouse, in the County of Huntingdon."

Sir Coplestone Warwick Bampfylde's Petition referred to Judges.

Upon reading the Petition of Sir Coplestone Warwick Bampfylde Baronet; praying Leave to bring in a Bill, to vest the Manors of Brickland, alias Bank-land, Chadmead, and Buckland Sororum, Withell, Stert, and Salty, in the County of Somerset, in Trustees, to be sold; and the Money raised by such Sale or Sales to be laid out in the Purchase of other Lands, lying more convenient to the Petitioner's Estate, and to be conveyed to the same Uses as the Estate to be sold stands settled:

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 Powys and Mr. Baron Mountagu; 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.

Sir William Courtnay versus Langford.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir William Courtnay Baronet is Appellant, and William Langford Senior Esquire, Gertrude Langford Widow and Relict of William Langford Junior, deceased, and others, are Respondents:"

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

Nicholetts' Bill.

Hodie 3a 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."

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

It was Resolved in the Affirmative.

L. Carbery's Bill:

Hodie 3a 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 Brion Esquire, of certain Manors, Lands, and Hereditaments, in the several Counties of Northampton and Rutland."

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

It was Resolved in the Affirmative.

Message to H. C. with the above Two Bills.

Messages were severally sent to the House of Commons, by Mr. Meller and Mr. Fellows:

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

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Dame Margaret Eustace is Appellant, and Sir William Fownes Knight, Francis Harrison Esquire, and others, are Respondents:"

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

Baltonsbury Common, enclosing, Bill:

Hodie 3a 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."

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. Meller and Mr. Fellows:

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

Lady Howe's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the Naturalization of the Lady Mary Sophia Charlotte Viscountess Howe, Wife of Scroop Lord Viscount Howe of the Kingdom of Ireland."

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

Ld. President.
Ld. Steward.
Ld. Chamberlain.
D. Devon.
D. Manchester.
E. Lincoln.
E. Dorset.
E. Clarendon.
E. Radnor.
E. Yarmouth.
E. Rochester.
E. Rochford.
E. Coventry.
E. Godolphin.
E. Orkney.
E. Ilay.
E. Sussex.
E. Coningesby.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
L. Abp. York.
L. Bp. Worcester.
L. Bp. Glocester.
L. Bp. Oxon.
L. Bp. Lincoln.
L. Bp. Carlisle.
L. Bp. Bristol.
L. Delawar.
L. Compton.
L. Cornwallis.
L. Lumley.
L. Ashburnham.
L. Weston.
L. Rosse.
L. Harcourt.
L. Boyle.
L. Montjoy.
L. Foley.
L. Carleton.
L. Romney.
L. Newburgh.

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

Commissioners forfeited Estates versus Craigengelt.

A Petition of Alexander Hamilton, Agent for Charles Craigengelt, Respondent to the Appeal of the Commissioners and Trustees for the forfeited Estates, was presented to the House, and read; praying, "That the Hearing the said Cause, which stands appointed for Monday next, may be postponed for a few Days, in regard the Petitioner is advised, that the Judges of the Court of Session in Scotland had a Jurisdiction to determine therein:"

And thereupon the Petitioner was called in, and examined upon Oath, as to Notice given to the other Side.

And being withdrawn:

It is Ordered, That the Hearing the said Cause be put off to Friday next.

J. Backer's Nat. Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing John Backer."

Grutzmann's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Henry Grutzmann.

Ordered, That the said Bill be committed to the Consideration of the same Committee to whom the Lady Viscountess How's Bill stands referred.

To meet at the same Time and Place.

Hopfer's Nat. Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Bennet Erasmus Hopfer."

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. Meller and Mr. Fellows:

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

Adjourn.

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

DIE Lunæ, 14o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Glocestr.
Epus. Carliol.
Epus. Petriburg.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Grcenwich, Senescallus.
Dux Grafton.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
March. Annandale.
Comes Dorsct & Midd'x.
Comes Northampton.
Comes Westmorland.
Comes Berks.
Comes Peterborow & Monmouth.
Comes Clarendon.
Comes Cardigan.
Comes Litchfield.
Comes Rochester.
Comes Abingdon.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Ilay.
Comes Uxbridge.
Comes Bristol.
Comes Coningesby.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Ds. Delawar.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lempster.
Ds. Weston.
Ds. Gower.
Ds. Rosse.
Ds. Boyle.
Ds. Trevor.
Ds. Carleton.

PRAYERS.

Kruger to be added to Backer's Nat. Bill.

A Petition of George Kruger Merchant, was presented to the House, and read; praying Leave to be added to the Bill, intituled, "An Act for naturalizing John Backer."

It is Ordered, That the said Petition do lie on the Table, till the said Bill be committed.

Commissioners forfeited Estates versus Martin.

A Petition of the Commissioners and Trustees of the forfeited Estates, was presented to the House, and read; setting forth, "That the Petitioners having lodged their Appeal against William Martin of Harwood, from a Decree of the Lords of Session in Scotland; and the Respondent being duly served with the Order of this House for answering the same, and not giving Obedience thereunto; another Order was made, for the said Respondent peremptorily to put in his Answer to the said Appeal; which he having neglected to do, and this Day being appointed for hearing the said Cause, the Petitioners humbly pray, that a further Day may be appointed, for hearing thereof ex Parte."

And thereupon Sir Alexander Cumming, Trustee for the said Respondent, was called in; and examined as to what Time he will be ready to answer.

And being withdrawn:

It is Ordered, That the Hearing the said Cause be put off to Friday next; and that the Respondent be at Liberty to put in his Answer thereunto, in the mean Time, if he thinks fit.

Commissioners forfeited Edues versus Mac Donald and Stewart.

Upon reading the Petition of the Commissioners and Trustees for the forfeited Estates, Appellants in Four several Appeals, to which Donald Mac Donald and John Stewart of Grantully were Respondents; praying, "In regard the said Respondents are dead, that the Petitioners may be at Liberty to amend their said Appeals, by making James Mac Donold, Uncle of the Respondent Donald Mac Donald, a Party to the First; and Sir George Stewart, claiming the other Estates in Question, a Party to the Three several other Appeals, with proper Charges in all of them respectively; and that the said James Mac Donald and Sir George Stewart may be ordered to put in their several Answers thereto, so as the said Causes may be revived, and brought in Judgement before their Lordships; and that Service on the several Procurators of the said deceased Donald Mac Donald and John Stewart respectively may be good Service, in order thereunto:"

New Parties.

It is Ordered, That the Petitioners be at Liberty to amend their said Appeals, according to the Prayer of the Petition, and to revive the Proceedings against the Persons possessed of the Estates in Question; and that they may have Copies of the said amended Appeals, and do put in their Answers; and that Service of this Order on the respective Procurators, as desired, be deemed good Service, in order thereunto.

Kruger takes the Oaths.

This Day George Kruger took the Oaths appointed, in order to his Naturalization.

Commissioners forfeited Estates versus Erskine of Balgownie.

This Day being appointed, to hear Counsel, upon the Petition and Appeal of the Commissioners and Trustces of the forfeited Estates, complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, made on the Behalf of John Erskine of Balgownie; in which Cause the Judges, upon looking into the Exception, Answer, and Decree, have reported to the House, "That they conceive the Lords of Session had no Jurisdiction to determine:"

Counsel were accordingly called in, to be heard.

And, being asked, "Whether they had any Thing to offer, as to the Point of Jurisdiction?"

Admitted, "That the said Lords of Session had no Jurisdiction to proceed and determine in the said Cause:"

And due Consideration having been had of what was offered on both Sides at the Bar:

It is Ordered and Decreed, by the Lords Spiritual and Temporal in Parhament 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: And in case the Appellants have been put out of Possession of the Estate in Question, or any Part thereof, or out of the Receipt of the Rents and Profits, or that the Possession or Receipt of the Rents and Profits have been any Ways varied, by Colour or upon Occasion of the said Decree, or Interlocutory Sentence, the same shall be, and is hereby, ordered and decreed to be restored.

Commissioners forfeited Estates versus Threpland.

Also, in the Cause wherein the said Commissioners and Trustees of the forfeited Estates are Appellants, and David Threpland Eldest Son now on Life of Sir David Threpland of Pingask is Respondent, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Case last mentioned.

Commissioners forfeited Estate versus R. Gordon.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and Robert Gordon Son of William late Viscount of Kenmure is Respondent, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases before-mentioned.

Commissioners forfeited Estates versus J Gordon.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and John Gordon Son of the deceased Alexander late Viscount of Kenmure is Respondent, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases before-mentioned.

Commissioners forfeited Estates versus E Kinnoul & al.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and George Earl of Kinnoul and Robert Hay Drummond his Eldest Son are Respondents, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases before-mentioned.

Commissioners forfeited Estates versus J. Preston.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and John Preston only Son of the late Sir John Preston Baronet deceased is Respondent, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases before-mentioned.

Commissioners forfeited Estates versus B. Home.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and Alexander Earl of Home and Anne Countess Dowager of Home are Respondents, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases before-mentioned.

Commissioners forfeited Estates versus W. Maxwell.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and William Maxwell Son to William late Earl of Nithsdale is Respondent, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases before-mentioned.

Commissioners forfeited Estates versus E. Marchmont.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and Patrick Earl of Marchmont and his Assigns are Respondents, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases before-mentioned.

Commissioners forfeited Estates versus At. Balfour & al.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and Arthur Balfour Eldest lawful Son and Apparent Heir to Colonel John Balfour and the Creditors of the deceased Robert Lord Burleigh are Respondents, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases before-mentioned.

Commissioners forfeited Estates versus H. Serimseour.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and Henry Scrimseour Eldest Son of John Scrimseour late of Bowhill is Respondent, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases before-mentioned.

Commissioners forfeited Estates versus Wallace.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and Hugh Wallace of Inglestoun is Respondent, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases beforementioned.

Commissioners forfeited-Estates versus L. Bargany & al.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and James Lord Bargany and his Guardian Robert Dundas of Armistoun One of the Senators of the College of Justice, and John Jolly Merchant in Edinburgh, are Respondents, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases before-mentioned.

Commissioners forfeited Estates versus Ja. Stewait.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and Sir James Stewart of Goodtrecs Advocate is Respondent, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases before-mentioned.

Commissioners forfeited Estates versus R. Stewart.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and Robert Stewart of Ardvorlich is Respondent, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases beforementioned.

Commissioners forfeited Estates versus Alex. Bame.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and Mr. Alexander Baine Advocate is Respondent, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases beforementioned.

Commissioners forfeited Estates versus J. Forbes.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and Mr. John Forbes Advocate is Respondent, the Counsel on both Sides admitting that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases beforementioned.

Commissioners forfeited Estates versus Lady Mary Hamilton.

Also, in the Cause wherein the said Commissioners and Trustees are Appellants, and Lady Mary Hamilton of Baldoon is Respondent, the Counsel on both Sides admitting, that the Lords of Session had no Jurisdiction to proceed and determine in the said Cause; the like Resolution and Order was made as in the Cases beforementioned.

Commissioners forfeited Estates versus Collin Mackenzie.

Counsel being at the Bar, in order to be heard, in the Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and Mr. Colin Mackenzie Advocate is Respondent:

The Counsel for the Respondent acquainted the House, That, in the said Cause, the Lords of Session in Scotland were of Opinion, They had no Jurisdiction to proceed upon the Exceptions put in by the said Respondent, and so decreed accordingly;" and therefore prayed, "That Costs might be awarded by this House, in respect of the said Appeal:"

And the Counsel for the Appellants being heard thereunto;

And due Consideration having been liad of what was offered on both Sides at the Bar:

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 Interlocutory Sentence, or Decree, therein complained of, be, and is hereby, affirmed.

Commissioners forfeited Estates versus Maule.

Likewise, in another Cause wherein the same Commissioners and Trustees are Appellants, and Mr. Harie Maule of Kelhe is Respondent:

The House being acquainted by the Respondent's Counsel as before;

And the Counsel for the Appellants being heard thereunto:

The like Order and Judgement was made as in the Case last mentioned.

River Ouse Navigation, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for preserving and improving the Navigation of the River Ouse, in the County of Huntingdon."

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

Ld. President.
Ld. Steward.
D. Grafton.
D. Bucks.
D. Roxburgh.
D. Wharton.
M. Annandale.
E. Dorset.
E. Westmorland.
E. Berks.
E. Clarendon.
E. Litchfield.
E. Rochester.
E. Abingdon.
E. Rothes.
E. Buchan.
E. Loudoun.
E. Ilay.
E. Uxbridge.
E. Bristol.
E. Coningesby.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
L. Bp. London.
L. Bp. Glocester.
L. Bp. Carlisle.
L. Bp. Peterborow.
Ld. Delawar.
Ld. Hunsdon.
Ld. Compton.
Ld. Maynard.
Ld. Cornwallis.
Ld. Lempster.
Ld. Weston.
Ld. Gower.
Ld. Rosse.
Ld. Boyle.
Ld. Trevor.
Ld. Carleton.

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.

Highways repairing, &c. Act concerning, explained, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the last Session of Parliament, intituled, An Act for making more effectual the several Acts passed for repairing and amending the Highways of this Kingdom; and for preventing the Carriage of excessive Loads of Meal, Malt, Bricks, and Coals, within Ten Miles of the Cities of London and Westm'r."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Sanford's Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, 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."

Which Amendments, being read, were severally agreed to.

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

J. Backet's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Backer."

Ordered, That the said Bill be committed to the same Committee to whom the Bill for preserving and improving the Navigation of the River Ouse stands committed.

Their Lordships, or any Five of them; to meet on Thursday next, at the same Time and Place.

Kruger's Petition referred to Committee.

Ordered, That the Petition of George Kruger Merchant be referred to the Consideration of the Committee to whom Mr. Backer's Bill stands committed; and that the said Committee be empowered to admit the Petitioner into the said Bill, if they think sit.

Burgh and Fitzgerald to withdraw Appeal.

Upon reading the Petition of Robert Burgh Appellant, and Gamaliel Fitz Gerald Respondent, in a Cause depending in this House; setting forth, "That the Matters in Dispute have been compromised since the lodging the said Appeal;" and praying, "That the same may be withdrawn:"

And the Solicitors on both Sides being called for, to signify their Consents; but not attending:

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

Reasons, Lords of Session, and Commissioners for forfeited Estates, Representation to be considered.

Whereas To-morrow was appointed to take into Consideration the Reasons offered by the Lords of Session in Scotland, for their proceeding to judge in the Exceptions presented to them by Thomas Erskine Son to the late Earl of Mar, and others; as also the Representation of the Commissioners and Trustees of the forfeited Estates acting in Scotland:

It is Ordered, That the said Reasons and Representation be considered on Thursday Sevennight.

Adjourn.

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

DIE Martis, 15o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Eboracen.
Epus. Cestrien.
Epus. Glocestr.
Epus. Asaphen.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Greenwich, Senescallus.
Dux Graston.
Dux St. Albans.
Dux Devon.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Manchester.
March. Annandale.
Comes Pembroke & Montgomery.
Comes Dorsct & Middlesex.
Comes Bridgewater.
Comes Northampton.
Comes Westmorland.
Comes Clarendon.
Comes Cardigan.
Comes Yarmouth.
Comes Rochester.
Comes Holderness.
Comes Bradford.
Comes Rochford.
Comes Godolphin.
Comes Hadinton.
Comes Deloraine.
Comes Ferrers.
Comes Uxbridge.
Comes Tankerville.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Cowper.
Comes Coningesby.
Viscount Say & Seal.
Viscount Townshend.
Viscount Hatton.
Viscount Castleton.
Viscount Cobham.
Ds. Delawar.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Maynard.
Ds. Byron.
Ds. Lucas.
Ds. Weston.
Ds. Rosse.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.

PRAYERS.

E. Rochford & al. Petition referred to Judges.

Upon reading the Petition of Frederick Earl of Rochford, on the Behalf of himself and Bessy Countess of Rochford his Wife, an Infant, and of James Barry Earl of Barrymore in the Kingdom of Ireland, on the Behalf of himself and Lady Penelope Barry his Daughter an Infant, and on the Behalf of John Earl Rivers, by virtue of a special Authority for that Purpose; praying Leave to bring in a Bill, for confirming certain Agreements in the Petition mentioned, notwithstanding the Minority of Bessy Countess of Rochford and Lady Penelope Barry, for the Purposes in the Petition expressed:

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 Powys and Mr. Baron Mountagu; 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.

Robertson versus Kinnoul:

Upon reading the Petition of John Robertson; setting forth, "That the Petitioner is admitted to prosecute his Appeal, depending in this House, in Forma Pauperis; and that Mr. Mead and Mr. Bootle are assigned the Petitioner's Counsel;" and praying, "In regard Mr. Bootle is gone the Circuit, that Dr. Paul may be assigned in his Stead:

Counsel affigned.

It is Ordered, That the said Dr. Paul be, and is hereby, assigned the Petitioner's Counsel accordingly.

River Darwent navigable, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for making the River Darwent, in the County of Derby, navigable."

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

It was Resolved in the Affirmative.

Message to H. C. that the ords have greed to it.

A Message was sent to the House of Commons, by Mr. Hiccocks and Mr. Dormer:

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

River Ouse, avigation, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for preserving and improving the Navigation of the River Ouse, in the County of Huntingdon," was committed: That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Highways repairing, &c. Act concerning, explained, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and amend an Act passed in the last Session of Parliament, intituled, An Act for making more effectual the several Acts passed for repairing and amending the Highways of this Kingdom; and for preventing the Carriage of excessive Loads of Meal, Malt, Bricks, and Coals, within Ten Miles of the Cities of London and Westminster."

After some Time spent therein, the House was resumed.

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

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

Eyre versus Daly.

The House being informed, "That a Person attended at the Door, and desired to prove Copies of Records and Proceedings to be made Use of on hearing the Appeal of John-Eyre, depending in this House, to which Laughlin Daly is Respondent:"

Whereupon Henry White was called in; and delivered, at the Bar, the Copies of the said Records and Proceedings; which he attested upon Oath to be true Copies, he having examined them with the Originals in the Court of Chancery in Ireland.

And withdrew.

Farquharson to enter into Recognizance for Faireholm.

The House being moved, "That Charles Farquharson Gentleman may be permitted to enter into Recognizance for Thomas Faireholm, on his Appeal depending in this House, to which Sir William Cockburn and Sir George Hamilton are Respondents; the said Appellant being in Scotland:"

It is Ordered, That the said Charles Farquharson may enter into Recognizance for the said Appellant, as desired.

Adjourn.

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

DIE Mercurii, 16o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Cestrien.
Epus. Asaphen.
Epus. Exon.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Greenwich, Senescallus.
Dux Graston.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
March. Annandale.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Bridgewater.
Comes Northampton.
Comes Westmorland.
Comes Berks.
Comes Clarendon.
Comes Litchfield.
Comes Yarmouth.
Comes Rochester.
Comes Holderness.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Buchan.
Comes Hadinton.
Comes Orkney.
Comes Ilay.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Coningesby.
Viscount Tadcaster.
Ds. Delawar.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lucas.
Ds. Lumley.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Rosse.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Carleton.
Ds. Onslow.
Ds. Romney.

PRAYERS.

Robertson versus E. Kinnoul.

After hearing Counsel, upon the Petition and Appeal of John Robertson of Goodlyburn; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Sixteenth of February 1707, of the Tenth of December 1717, of the Fifth of March, the Third of April, Two and Twentieth of May, and Seventh of July, 1718, made on the Behalf of George Viscount of Duplin (now Earl of Kinnoul); and praying, "That the same may be reversed:"

As also upon the Answer of the said Earl of Kinnoul put in to the said Appeal; and due Consideration had of what was offered on either Side in the said Cause:

Judgement reversed, in Part.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutors and Decrees complained of, as to so much thereof whereby Probation by the Oath of the Respondent is refused to the Appellant, or which is grounded upon such Refusal, or pronounced or made in Consequence thereof, be, and are hereby, reversed: And it is further Ordered, That such Probation be admitted; and that, after Examination of the Respondent upon Oath, the Lords of Session proceed, and decree thereupon as shall be just.

Pendarves' Bill:

Hodie 3a 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."

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. Hiccocks and Mr. Dormer:

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

Adjourn.

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

DIE Jovis, 17o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Cestrien.
Epus. Asaphen.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Greenwich, Senescallus.
Dux Graston.
Dux Bolton.
Dux Devon.
Dux Bucks & Nor.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Portland.
Dux Wharton.
Dux Manchester.
March. Annandale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Clarendon.
Comes Cardigan.
Comes Yarmouth.
Comes Berkeley.
Comes Holderness.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Hadinton.
Comes Loudoun.
Comes Orkney.
Comes Ilay.
Comes Ferrers.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Coningesby.
Viscount Say & Seal.
Viscount Townshend.
Viscount Tadcaster.
Viscount Castleton.
Viscount St. John.
Ds. Delawar.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Byron.
Ds. Cornwallis.
Ds. Lucas.
Ds. Lumley.
Ds. Lempster.
Ds. Weston.
Ds. Gower.
Ds. Rosse.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh.

PRAYERS.

River Ouse Navigation, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for preserving and improving the Navigation of the River Ouse, in the County of Huntingdon."

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. Hiccocks and Mr. Dormer:

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

Lady Howe's Nat. Bill.

The Lord Delawar reported from the Lords Committees to whom the Bill, intituled, "An Act for the Naturalization of the Lady Mary Sophia Charlotte Viscountess Howe, Wife of Scroop Lord Viscount Howe of the Kingdom of Ireland," was committed: That the Committee had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Visc. Castlemain versus Edwards:

A Petition of Michael Aiskew, Agent for the Right Honourable Richard Viscount Castlemain Appellant, and Francis Sparrow Agent for John Edwards Esquire, was presented to the House, and read; setting forth, "That the Matters complained of in the said Appeal are settled by an Agreement between the said Parties under their respective Hands;" and praying, "That Leave may be given to withdraw the said Appeal."

Whereupon the Petitioners were called in.

And acknowledging their Consents to the withdrawing the same:

Appeal withdrawn.

It is Ordered, That the said Appeal be withdrawn, according to the Prayer of the said Petition.

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

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

To return 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 Heathencoate, in the County of Northampton, for discharging Incumbrances upon the said Estates, raising of Portions for his Brother and Sister, and Payment of his Father's and his own Debts;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Corrupting Juries, to prevent, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for preventing the corrupting of Juries."

Ordered, That the said Bill be read a Second Time on Thursday the One and Thirtieth Day of this Instant March.

River Douglas navigable, Bill.

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

After some Time spent therein, the House was resumed.

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

Ordered, That the said Bill be read the Third Time on Saturday next.

Highways repairing, Acts concerning explained, Bill.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to explain and amend an Act passed in the last Session of Parliament, intituled, An Act for making more effectual the several Acts passed for repairing and amending the Highways of this Kingdom; and for preventing the Carriage of excessive Loads of Meal, Malt, Bricks, and Coals, within Ten Miles of the Cities of London and Westminster," was committed; the Amendments made by the Committee to the said Bill, as follow; (videlicet,)

"Leave cut from the Beginning of the Bill to ["whereas"] in the 38 Line of the 1st Press.

"2. P. 2. L. Leave out ["Authority aforesaid"]; and insert [King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by Authority of the same."]

"In the Title of the Bill, Leave out from ["Act"] in the 1st Line to ["for"] in the 6th Line."

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

Adjourn.

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

DIE Veneris, 18o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Cestrien.
Epus. Glocestr.
Epus. Asaphen.
Epus. Lincoln.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Bolton.
Dux Devon.
Dux Bucks & Nor.
Dux Rutland.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
March. Annandale.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Warwick & Holland.
Comes Westmorland.
Comes Berks.
Comes Clarendon.
Comes Cardigan.
Comes Burlington.
Comes Yarmouth.
Comes Berkeley.
Comes Rochester.
Comes Warrington.
Comes Godolphin.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Sussex.
Comes Cowper
Comes Coningesby.
Viscount Hatton.
Viscount Castleton.
Ds. Delawar.
Ds. Willoughby Br.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Cornwallis.
Ds. Lumley.
Ds. Guilford.
Ds. Lempster.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Lansdowne.
Ds. Bathurst.
Ds. Carleton.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh.

PRAYERS.

Commissioners forfeited Estates versus Ja. Drummond & al.

Counsel were called in, to be heard, upon the Petition and Appeal of the Commissioners and Trustees of the forfeited Estates; complaining of Two Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, pronounced the Eleventh and Thirteeenth Days of August last, in Favour of James Drummond, Son of the late Lord Drummond, and his Trustees;

And being directed to speak to the Point of Jurisdiction only of the said Lords of Session in determining in the said Cause:

The Counsel on both Sides were heard thereupon.

And being withdrawn;

And due Consideration 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 and determine in so much of this Cause as relates to the Houses of Drummond and Stobhall, Parks, Grass thereof, and flying Customs; and that their Interlocutory Sentence, or Decree, of the said Thirteenth of August, as to those Particulars, be therefore declared null and void; and the same is declared and adjudged null and void.

Then it being proposed, "To resolve, That the said Lords of Session had Jurisdiction in the rest of this Cause;"

And Debate had thereupon:

The Question was put, "Whether the Lords of Session had Jurisdiction in the rest of this Cause?"

It was Resolved in the Affirmative.

Ordered, That the further Hearing of the said Cause be adjourned to Tuesday next; and that this House will, on that Day, hear the Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and Charles Craigengelt is Respondent; as also the Cause wherein the same Commissioners are Appellants, and William Martin of Harwood is Respondent.

River Douglas navigable, Bill.

Whereas To-morrow was appointed, for the Third Reading of 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:"

It is Ordered, That the said Bill be read the Third Time on Thursday next.

Adjourn.

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

Footnotes

1 These Marginal Notes of the Parties Names, stand so in the Original, to the Bottom of p. 265. b.