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

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History of Parliament Trust

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Year published

1767-1830

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335-342

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'House of Lords Journal Volume 21: May 1720, 21-30', Journal of the House of Lords: volume 21: 1718-1721 (1767-1830), pp. 335-342. URL: http://british-history.ac.uk/report.aspx?compid=113439 Date accessed: 23 July 2014.


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May 1720, 21-30

DIE Sabbati, 21o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Meneven.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Graston.
Dux Bolton.
Comes Lincoln.
Comes Northampton.
Comes Westmorland.
Comes Sunderland.
Comes Yarmouth.
Comes Berkeley.
Comes Sutherland.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Deloraine.
Comes Ilay.
Comes Rockingham.
Comes Stanhope.
Viscount Townshend.
Viscount Hatton.
Viscount Castleton.
Ds. Delawar.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Lumley.
Ds. Weston.
Ds. Rosse.
Ds. Belhaven.
Ds. Harcourt.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Carleton.
Ds. Romney.
Ds. Newburgh.
Ds. Pawlet Bas.

PRAYERS.

Jephson's Answer to Barry's Appeal.

This Day the Answer of Anne Jephson, Widow, Relict, and Executrix, of William Jephson Clerk, late Dean of Lismore in Ireland, deceased, to the revived Petition and Appeal of Redmond Barry Esquire, was brought in.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the said Redmond Barry Esquire is Appellant, and the said Anne Jephson is Respondent:"

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

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for appointing Commissioners, to examine, state, and determine, the Debts due to the Army; and to examine and state the Demands of several Foreign Princes and States for Subsidies, during the late War;" to which they desire the Concurrence of this House.

Mrs. Bokenham's Report to be received.

Ordered, That the Report from the Lords Committees for Privileges, to whom the Consideration of the Petition of Catherine Wife of Richard Bokenham Esquire, claiming the Barony of Berners, was referred, be received on Wednesday next; and the Lords to be summoned.

Building and repairing Goals, suppressing Piracy, and establishing Articles of War for the Navy, Bill.

The Order of the Day, for the House to be in a Committee on the Bill, intituled, "An Act for building and repairing County Gaols, and other Gaols, Prisons, and Session Houses, in that Part of Great Britain called England; and for ascertaining the Fees of the said Gaols; and for the better Relief of Prisoners in the said Gaols and Prisons; and for making perpetual an Act of the Eleventh and Twelfth Years of the Reign of King William the Third, for the more effectual Suppression of Piracy; and for making more effectual the Act of the Thirteenth Year of the Reign of King Charles the Second, intituled, "An Act for establishing Articles and Orders for the regulating and better Government of His Majesty's Ships of War and Forces by Sea;" and for the Judges, or some of them, to attend; being read:

It is Ordered, That the House be put into a Committee thereupon, on Wednesday Sevennight.

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

After hearing Counsel, upon the Petition and Appeal of Thomas Fairholm of Pilton Esquire; complaining of several Interlocutory Sentences, or Decrees, 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 Baronets; and praying, "That the same may be reversed:" As also upon the Answer of the said Sir William Cockburn and Sir George Hamilton put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in this Cause:

Interlocutors affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Interlocutory Sentences, or Decrees, therein complained of, be, and are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondents, the Sum of Sixty Pounds, for their Costs in respect of the said Appeal.

Adjourn.

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

DIE Lunæ, 23o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Meneven.
Epus. Glocestr.
Epus. Asaphen.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Grafton.
March. Annandale.
Comes Pembroke & Montgomery.
Comes Northampton.
Comes Scarsdale.
Comes Nottingham.
Comes Buchan.
Comes Ferrers.
Comes Rockingham.
Comes Aylesford.
Viscount Say & Seal.
Viscount Townshend.
Viscount Hatton.
Viscount Castleton.
Ds. Delawar.
Ds. Teynham.
Ds. Bruce.
Ds. Cornwallis.
Ds. Weston.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Foley.

PRAYERS.

Duties on Wrought Plate, &c. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for laying a Duty upon Wrought Plate; and for applying Money arising from the clear Produce by Sale of the forfeited Estates towards answering His Majesty's Supply; and for taking off the Drawbacks upon Hops exported for Ireland; and for Payment of Annuities, to be purchased after the Rate of Four Pounds per Centum per Annum, at the Exchequer, redeemable by Parliament; and for appropriating Supplies granted in this Session of Parliament; and to prevent counterfeiting Receipts and Warrants of the Officers of the South Sea Company; and for explaining a late Act concerning Foreign Salt cellared and locked up before the Four and Twentieth Day of June One Thousand Seven Hundred and Nineteen; and to give a further Time for paying Duties on certain Apprentices Indentures; and for Relief of Thomas Vernon Esquire, in relation to a Parcel of Senna imported in the Year One Thousand Seven Hundred and Sixteen."

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. Orlebar and Mr. Godfrey:

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

Army Debts. &c. Commissioners to state, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for appointing Commissioners, to examine, state, and determine, the Debts due to the Army; and to examine and state the Demands of several Foreign Princes and States for Subsides, during the late War."

Deal Boards and Fir Timber from Germany, Importation of, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to repeal so much of the Act intituled, An Act for preventing Frauds, and regulating Abuses, in His Majesty's Customs, passed in the Thirteenth and Fourteenth Years of King Charles the Second, as relates to the prohibiting the Importation of Deal Boards and Fir Timber from Germany."

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. Orlebar and Mr. Godfrey:

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

Mary Preston and her Son versus L. Ferrard:

After hearing Counsel, upon the Petition and Appeal of Mary Preston Widow, and Jenico Preston Esquire her Son, an Infant under the Age of One and Twenty Years, by James Earl of Barrymore his next Friend, and Cæsar Colclough Esquire; complaining of several Orders of the Court of Chancery in Ireland, made the Fifth and Nineteenth Days of February One Thousand Seven Hundred and Sixteen, and the Twelfth of April, Ninth of November, and Fifth Days of December, One Thousand Seven Hundred and Seventeen, on the Behalf of Henry Lord Ferrard; and praying, "That the said several Orders may be reversed; and the Process of Contempt, and particularly the Sequestration issued in Pursuance thereof against the Appellant Mary, for not delivering up the Person of the Appellant Jenico, discharged:" As also upon the Answer of the said Henry Lord Ferrard put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in the said Cause:

Orders affirmed, with Costs to be paid by the Appellant Mary.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the several Orders therein complained of be, and are hereby affirmed: And it is further Ordered, That the Appellant Mary Preston do pay, or cause to be paid, to the Respondent, the Sum of Forty Pounds, for his Costs in respect of the said Appeal.

Adjourn.

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

DIE Mercurii, 25o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Meneven.
Epus. Glocestr.
Epus. Asaphen.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Somerset.
Dux Grafton.
Dux Bolton.
Dux Manchester.
Dux Chandos.
March. Annandale.
Comes Bridgewater.
Comes Northampton.
Comes Westmorland.
Comes Clarendon.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Godolphin.
Comes Sutherland.
Comes Buchan.
Comes Ilay.
Comes Aylesford.
Comes Sussex.
Viscount Say & Seal.
Viscount Townshend.
Viscount Hatton.
Ds. Delawar.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Weston.
Ds. Gower.
Ds. Rosse.
Ds. Harcourt.
Ds. Montjoy.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Carleton.
Ds. Newburgh.

PRAYERS.

Mrs. Bokenham's Report to be received.

The Order of the Day, for receiving the Report from the Lords Committees for Privileges, to whom the Consideration of the Petition of Catherine Wife of Richard Bokenham Esquire, claiming the Barony of Berners, was referred, being read:

It is Ordered, That the said Report be received on Monday next; and the Lords to be summoned.

Stanhope versus Sir J. Toppe.

After hearing Counsel, upon the Petition and Appeal of Frances Stanhope Widow and Michael Stanhope Doctor in Divinity, whereunto Sir John Toppe Baronet is Respondent:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will proceed in the further Hearing the said Cause on Friday next, at Twelve a Clock.

Robbery, &c. for further preventing, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for the further preventing Robbery, Burglary, and other Felonies; and for the more effectual Transportation of Felons," stands committed, be revived; and meet on Friday next.

Adjourn.

Dominus Cancellatius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum septimum diem instantis Maii, hora undecima Auror. Dominis sic decernentibus.

DIE Veneris; 27o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Meneven.
Epus. Glocestr.
Epus. Asaphen.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Grafton.
Dux Bolton.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
Dux Manchester.
March. Annandale.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Bridgewater.
Comes Northampton.
Comes Westmorland.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Litchfield.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Godolphin.
Comes Sutherland.
Comes Buchan.
Comes Loudoun.
Comes Deloraine.
Comes Tankerville.
Comes Aylesford.
Comes Sussex.
Comes Stanhope.
Viscount Say & Seal.
Viscount Townshend.
Viscount Hatton.
Viscount St. John.
Ds. Howard Eff.
Ds. Teynham.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Weston.
Ds. Gower.
Ds. Rosse.
Ds. Belhaven.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Carleton.
Ds. Onslow.
Ds. Romney.

PRAYERS.

Robbery, &c. for further preventing, Bill.

The Earl of Clarendon acquainted the House, "That the Committee to whom the Bill, intituled, "An Act for the further preventing Robbery, Burglary, and other Felonies; and for the more effectual Transportation of Felons," was committed, had considered of the said Bill, and heard some of the Judges in relation thereunto; and had gone through the same, with several Amendments; which he was directed to report, when their Lordships will please to receive the same."

Report to be received.

Ordered, That the said Report be received on Tuesday next; and that some of the Judges do then attend.

Stanhope versus Sir J. Toppe:

After hearing Counsel, as well on Wednesday last as this Day, upon the Petition and Appeal of Frances Stanhope Widow and Michael Stanhope Doctor in Divinity, complaining of a Decretal Order made in the High Court of Chancery, the Four and Twentieth Day of February One Thousand Seven Hundred and Eighteen, in certain Causes, wherein Sir John Toppe Baronet was Plaintiff, and the Appellants and others Defendants; and wherein the Appellant Frances was Plaintiff, and the said Sir John Toppe and others were Defendants; and praying, "That the said Order, and all Proceedings thereon, may be reversed:" As also upon the Answer of the said Sir John Toppe put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side thereupon:

Judgement affirmed, with Corts.

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 Decretal Order therein complained of be, and is hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the Respondent, the Sum of One Hundred Pounds, for his Costs in respect of the said Appeal.

Causes put off.

Whereas To-morrow was appointed, for hearing the Cause wherein Richard Filkin Gentleman and Frances his Wife and others are Appellants, and Roger Hill, and John Hill an Infant, by the said Roger Hill his Father and Guardian, are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday next, and that the other Causes be removed in Course.

Adjourn.

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

DIE Lunæ, 30o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Meneven.
Epus. Glocestr.
Epus. Bangor.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Grafton.
Dux Bolton.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
Dux Manchester.
March. Annandale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Bridgewater.
Comes Northampton.
Comes Westmorland.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Litchfield.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Holderness.
Comes Godolphin.
Comes Sutherland.
Comes Loudoun.
Comes Rockingham.
Comes Aylesford.
Comes Halifax.
Comes Sussex.
Comes Stanhope.
Viscount Say & Seal.
Viscount Townshend.
Viscount Hatton.
Viscount St. John.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Teynham.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lempster.
Ds. Weston.
Ds. Rosse.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Carleton.
Ds. Onslow.
Ds. Romney.

PRAYERS.

Solicitor General of Ireland's Answer to Chevers et al. Appeal.

This Day the Answer of John Rogerson Esquire, His Majesty's Solicitor General of Ireland, Respondent to the Petition and Appeal of Andrew Cheevers, Arthur Geoghagan and Mary his Wife, Executrix of the last Will and Testament of Nicholas Netervill Esquire, was brought in.

Mrs. Bokenham's Report, concerning the Barony of Berners.

The Earl of Clarendon (according to Order) reported from the Lords Committees for Privileges, to whom was referred the Petition of Catherine 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 He will be graciously pleased to declare, allow, and confirm, the Barony of Berners unto her the said Catherine, 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:" That the Committee, having directed the proper Officers to attend, with such Writs of Summons, Wills, Records, and Books of the College of Arms, as might be proper and necessary for making out the Petitioner's Claim; their Lordships then ordered, "That she should have Liberty to be heard, by Counsel; and that Notice should be given to the Attorney or Solicitor General, or any other of the King's Counsel, that they might be heard in His Majesty's Behalf:" And Counsel on both Parts attending accordingly; Proof was made, by a Person sworn at the Bar, That diligent and proper Search had been made, so far back as the Reign of King Edward the Third, whether any Patent had been granted for creating Sir John Bourchier Knight of the Garter a Baron; but that none could be found."

That there was produced to the Committee, and read, a Writ of Summons to Parliament, bearing Date at Westm'r, the Six and Twentieth of May in the Three and Thirtieth Year of the Reign of King Henry the Sixth, directed Joh'i Bourgchier, de Berners, Chevalier; as were also produced, and read, divers other Writs of Summons, to several succeeding Parliaments, in the Eight and Thirtieth and Nine and Fortieth Years of the same Reign, and in the First, Second, Sixth, Ninth, and Twelfth Years of the Reign of King Edward the Fourth, directed to the same Person; and several other Writs of Summons, in the Eleventh and Twelfth of King Henry the Seventh, and First, Third, Sixth, and One and Twentieth, of King Henry the Eighth, directed to the Grandson and Heir of the said Lord Berners, by the Name and Stile of Joh'i Bourgchier, de Berners, Chevalier: And the Committee, having inspected the Journal of this House in the Reign of the said King Henry the Eighth, found the Name of the Lord Berners entered therein, as present several Days.

"That there was besides produced to the Committee, the Pedigree of the Petitioner, as entered in the Books of the College of Arms, certified and attested in the usual Manner; and the same was inspected.

That it appeared to their Lordships, that the last Lord Berners, who died in the Reign of King Henry the Eighth, left a Daughter named Jane; and that the said Jane, in a Livery made to her after the Death of her Father, bearing Date the Fifth of July in the Five and Twentieth of King Henry the Eighth, and in several other Records, and also in many Deeds and Writings, and in her Will and Epitaph, was styled Daughter and Heir, or Daughter and sole Heir, of the said Lord Berners; and that the said Jane married Edm'd Knyvet Esquire, and had Issue John Knyvet Esquire her Eldest Son; who, dying in her Life-time, left Issue Sir Thomas Knyvet of Ashwellthorp in the County of Norfolk Knight, his Son and Heir, and Grandson and Heir to the said Jane; and that the said Sir Thomas Knyvet had Issue Sir Thomas Knyvet the Younger, his Eldest Son; who died in the Life of his Father, leaving Thomas Knyvet Esquire his Son and Heir, and Grandson and Heir of Sir Thomas Knyvet the Elder; and that the said Thomas Knyvet Esquire had Issue John his Eldest Son, afterwards created Knight of the Bath, who had Issue Two Sons and Four Daughters besides the Petitioner, videlicet, Thomas and John, Elizabeth, Mary, Jane, and Muriel; of which Children, the said Thomas, John, Mary, and Muriel, died unmarried; and the said Elizabeth married Thomas Glemham Esquire, and died leaving Issue only One Child, Thomas Glemham Esquire, who is dead, without Issue; and the said Jane married Oliver Le Neve Esquire, and died, without Issue; whereby the Petitioner became the sole Heir of Sir John Bourgchier Knight, the First Lord Berners, and is lineally descended from him.

"Whereupon their Lordships, having considered as well of what was offered by the Petitioner's Counsel, as by the Counsel on His Majesty's Behalf, and the several Proofs in this Case; their Lordships are of Opinion, That the Petitioner hath fully proved her Claim to the said Barony of Berners, in Fee; and hath a Right to the said Barony in Fee."

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

And the following Resolution and Judgement was made; (videlicet),

Bokenham, a Right to the Barony of Berners.

It is Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Catherine Wife of Richard Bokenham Esquire hath a Right to the said Barony of Berners."

Ordered, That the Lords with White Staves do attend His Majesty, with the said Resolution and Judgement.

Andrews, Information concerning.

The House was informed, "That there was a Person attending at the Door, who could acquaint their Lordships, That, notwithstanding the Sheriffs of London and Middl'x were some Time since ordered to attach the Body of Henry Andrews, a Marshal's Court Officer, and deliver him into the Custody of the Gentleman Usher of the Black Rod, he refusing to be taken by the Gentleman Usher's Officers; yet he frequently appeared in public, as well at his own House as other Places."

And thereupon John Dodson was called in.

And being examined, upon Oath, in relation to this Matter; he attested, "That he was in Company with the said Andrews so lately as Saturday last."

Then, the House being informed, "That the Undersheriff of Middlesex also attended:"

He was called in.

And being likewise examined, at the Bar, acquainted their Lordships, "That he had used his utmost Endeavours, divers Times, to attach the said Andrews; but such Endeavours had proved fruitless."

Whereupon he was admonished, by the Lord Chancellor, "to take all possible Care, that the Order of this House be not eluded."

And then they both withdrew.

Filkin et al. versus Hill and his Son:

After hearing Counsel, upon the Petition and Appeal of Richard Filkin Gentleman and Frances his Wife, John Eyre Esquire, Vincent Bush and Benjamin Rawlins Gentlemen; complaining of a Decree of the High Court of Chancery, made the Eleventh Day of November last, in a Cause wherein Roger Hill, and John Hill an Insant, by the said Roger Hill his Father and Guardian, were Plaintiffs, and the Appellants Defendants, et è contra; and praying, "That the same may be reversed:" As also upon the Answer of the said Roger Hill and John Hill put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in the said Cause:

Decree reversed in Part.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That such Part of the said Decree complained of in the said Appeal, as directs the Trial of the several Issues therein mentioned, be, and is hereby, reversed; and that the Respondents be at Liberty to amend their Bill, in order to put in Issue, in the Cause, the several Matters intended to be tried by the said Issues; and the Respondents are at Liberty to put in a new Answer thereunto; and that the said Decree, as to all other the Matters complained of, be, and is hereby, affirmed.

Army Debts, &c. Commissioners to state.

Hodie 2a vice lecta est Billa, intituled, "An Act for appointing Commissioners to examine, state, and determine the Debts due to the Army; and to examine and state the Demands of several Foreign Princes and States for Subsidies, during the late War."

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

Insolvent Debtors, Relief of, Bill.

Whereas Friday last was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for Relief of Insolvent Debtors:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the House be put into a Committee thereupon, on Wednesday next; and that some of the Judges do then attend.

Adjourn.

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

DIE Martis, 31o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Meneven.
Epus. Glocestr.
Epus. Bangor.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Grafton.
Dux Bolton.
Dux Bucks & Nor.
Dux Manchester.
March. Annandale.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Bridgewater.
Comes Northampton.
Comes Westmorland.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Holderness.
Comes Sutherland.
Comes Ilay.
Comes Sussex.
Comes Stanhope.
Viscount Say & Seal.
Viscount Townshend.
Viscount Hatton.
Viscount Cobham.
Ds. Delawar.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Lempster.
Ds. Weston.
Ds. Haversham.
Ds. Rosse.
Ds. Trevor.
Ds. Masham.
Ds. Carleton.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh.

PRAYERS.

Messages from H. C. to return Sir J. Lumley's Bill; and the E. of Peterborough's Bill.

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

To return the Bill, intituled, "An Act to enable Sir James Lumley Baronet to settle a competent Jointure; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

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

To return the Bill, intituled, "An Act for exchanging of several small Parcels of Land, (in the Parish and Manor of Fulham,) belonging to the Bishopric of London, for other Lands, of greater Value, to Charles Earl of Peterborow and Monmouth, and his Heirs;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment."

Robbery, &c. for further preventing, Bill.

The Earl of Clarendon (according to Order) reported from the Lords Committees to whom the Bill, intituled, "An Act for the further preventing Robbery, Burglary, and other Felonies; and for the more effectual Transportation of Felons," was committed, the Amendments made by the Committee to the said Bill.

And the same being read a Second Time, several of the said Amendments were agreed to; and one of them disagreed to; and others agreed to, with Amendments, and are as follow:

"1st Pr. 10th Line. After ["Act"], insert ["made in the Fourth Year of the Reign of His present Majesty."]

"2 Pr. 17 and 18 L. Leave out ["General Quarter Sessions of the Peace held"]; and instead thereof insert ["Court held with the like Authority."]

"2 Pr. 20 and 21 L. Leave out ["by the said Clerk of the Peace"]; and instead thereof insert, [amongst the Records of such Court."]

"23. Leave out, ["as aforesaid."]

"32. Leave out ["said"]; and in the same and next Line leave out ["by the Two Justices as"].

"33 and 34. Leave out ["and be agreed for by them in Pursuance of the Order of any such Court aforesaid"].

"36. Leave out ["as aforesaid."]

"39. Leave out ["who"]; and instead thereof insert ["which said Clerks of the Peace and their Successors"].

"40. ["After Time to Time"], insert ["prosecute such Bonds in their own Names, to which Purpose they shall be deemed and taken to be a Body Corporate, and"].

"42. Before ["Suit"], insert ["such"]; and after ["Suit"], insert ["as the said Justices of the Peace shall, at their General Quarter Sessions of the Peace, direct"].

"3 Pr. 12 L. After ["aforesaid"], insert ["or their Assigns."]

"24 L. Leave out from ["Clergy"] to ["and whereas"], in the 43d Line of the same Press."]

"4 Pr. 2 L. Leave out ["and"], and instead there of insert ["or"].

"2d and 3 L. Leave out from ["Transportation"] to ["be"], in the Sixth Line of the same Press."

"10. Leave out from ["Act"] to ["before"], in the Thirteenth Line of the same Press; and insert ["shall be afterwards at large, within any Part of this Kingdom of Great Britain, without some lawful Cause."]

"15. Leave out from ["transported"] to ["and"], in the 29th Line of the same Press; and insert ["all and every such Person and Persons, being thereof lawfully convicted, shall suffer Death, as in Cases of Felony, without Benefit of Clergy. And, to the Intent that such Conviction may be with as little Trouble and Expence as possible, be it further Enacted, by the Authority aforesaid, That such Offender or Offenders may be tried, either before Justices of Assize, Oyer and Terminer, or Gaol Delivery, for the County, City, or Liberty, where he, she, or they, shall be apprehended and taken, or before Justices of Assize, Oyer and Terminer, or Gaol Delivery, for that County, City, or Place, from whence he, she, or they, were ordered to be transported; and that the Clerk of the Assize and Clerk of the Peace where such Orders of Transportation shall be made, and their Successors for the Time being, shall, at the Request of the Prosecutor, or any other in His Majesty's Behalf, certify a Transcript briesly and in few Words, containing the Effect and Tenor of every Indictment and Conviction of such Man or Woman, and of the Order and Contract for his or her Transportation to the Justices of Assize, Oyer, and Terminer, or Gaol Delivery, where such Man or Woman shall be indicted (not taking for the same above the Sum of Two Shillings and Six Pence); which Certificate, being produced in Court, shall be a sufficient Proof that such Person or Persons have before been convicted and ordered to be transported."]

"38 Line. Leave out from ["aforesaid"] to ["all"], in the Second Line of the next Press; and insert ["that the Streets of London and Westminster, and other Cities, Towns and Places, shall be deemed and taken to be Highways, to all Intents and Purposes within the Intent and Meaning of an Act made in the Fourth and Fifth Years of the Reign of Their late Majesties King William and Queen Mary, intituled, An Act for the encouraging the apprehending of Highwaymen, and"]; and, in the same Line, leave out ["other"].

"Pr. 5. 3 Line. After ["signed"], insert ["upon Convictions for Robbery."]

"4 and 5 L. Leave out ["as is directed by the several Laws for that Purpose."]

"6 L. After ["same"], insert ["excepting any Sum not exceeding Five Shillings for the Writing and Drawing thereof."]

"12 L. After ["same"], insert ["other than as aforesaid."]

"26 L. After ["Conviction"], insert ["of Felony without Benefit of Clergy."]

"28 L. After ["Money"], insert ["or other Reward, directly or indirectly."]

"32 L. Leave out from ["Law"] to ["shall"], in the 36 Line of the same Press."

"38 L. Leave out from ["Certificate" to ["like"], in the 41st Line of the same Press, and insert ["and"]; and in the 41st Line, after ["Payments"] insert ["made."]

"After the Rider at the End of the Bill, read, ["And be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall, at any Time or Times, from and after the Four and Twentieth Day of June in the Year of our Lord One Thousand Seven Hundred and Twenty, wilfully and maliciously assault any Person or Persons, in the public Streets or Highways, with an Intent to tear, spoil, cut, burn, or deface, and shall tear, spoil, cut, burn, or deface, the Garments or Cloaths of such Person or Persons; that then all and every Person and Persons so offending, being thereof lawfully convicted, shall be, and be adjudged to be, guilty of Felony; and every such Felon and Felons shall be subject and liable to the like Pains and Penalties as in Cases of Felony; and the Courts, by and before whom he, she, or they, shall be tried, shall have full Power and Authority of transporting such Felons for the Space of Seven Years, upon the like Terms and Conditions as are given, directed, or enacted, by this or the before recited Act."]

And a Clause being offered, against the detaining of Felons in Gaol for their Fees, the same was, by Leave of the House, withdrawn.

Causes put off.

Whereas this Day was appointed, for hearing the Cause wherein John Campbell of Calder Esquire is Appellant, and Ruth Campbell, alias Pollock, is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday next; and that the Cause wherein Redmond Barry Esquire is Appellant, and Anne Jephson Widow is Respondent, which was appointed for To-morrow, be heard on the Friday following.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, primum diem Junii jam. proxim. sequent. hora undecima Auror. Dominis sic decernentibus.