House of Lords Journal Volume 22
February 1723, 1-10

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History of Parliament Trust

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1767-1830

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76-84

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'House of Lords Journal Volume 22: February 1723, 1-10', Journal of the House of Lords: volume 22: 1722-1726 (1767-1830), pp. 76-84. URL: http://british-history.ac.uk/report.aspx?compid=113777 Date accessed: 21 October 2014.


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February 1723, 1-10

DIE Veneris, 1o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Lincoln.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Glocestr.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Newcastle, Camerarius.
Dux Crafton.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Manchester.
March. Tweeddale.
Comes Exeter.
Comes Warwick.
Comes Anglesey.
Comes Yarmouth.
Comes Rochford.
Comes Coventry.
Comes Poulett.
Comes Godolphin.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Hoptoun.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Cadogan.
Comes Coningesby.
Comes Pomfret.
Viscount Townshend.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Percy.
Ds. Clinton.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Lucas.
Ds. Craven.
Ds. Osborne.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Herbert Cher.
Ds. Gower.
Ds. Trevor.
Ds. Bathurst.
Ds. Bingley.
Ds. Romney.
Ds. Newburgh.
Ds. Lechmere.

PRAYERS.

Stone & al. versus Byrne:

After hearing Counsel, upon the Petition and Appeal of Richard Stone Esquire, Catherine his Wife, James Bryan Esquire, Benjamin Wooly Esquire, Mary his Wife, and William Yeates Gentleman; complaining of several Decrees, or Orders, of the Court of Exchequer in Ireland, made the Fifth and Tenth Days of December, and the Twenty-ninth of January, One Thousand Seven Hundred and Eighteen, the Seventeenth of February One Thousand Seven Hundred and Nineteen, the First of June One Thousand Seven Hundred and Twenty, the Third of May and Twenty-sixth of June One Thousand Seven Hundred Twenty-one, in a Cause wherein Walter Byrne Esquire was Plaintiff, and the Appellants were Defendants; and praying, "That the same may be reversed, and the Respondents Bill dismissed with Costs:" As also upon the Answer of the said Walter Byrne put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decrees reversed, and Respondents Bill dismissed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decrees of the Seventeenth of February One Thousand Seven Hundred and Nineteen, and First of June One Thousand Seven Hundred and Twenty, and the subsequent Orders complained of in the said Appeal, be, and the same are hereby, reversed; and that the Respondents Bill in the Court of Exchequer be, and the same is hereby, dismissed, without Prejudice to the Right of the Crown, if any; and that the Security given by the Appellant William Yeates, if any, be forthwith delivered up to the said Appellant Yeates, to be canceled; and the said Yeates discharged from the Contempt complained of.

Haldane and Dundas versus Dean and Faculty of Advocates.

Whereas To-morrow is appointed, for hearing the Cause wherein Mr. Patrick Haldane Advocate, and Robert Dundas Esquire His Majesty's Advocate for Scotland, in Behalf of the Crown, are Appellants, and the Dean and Faculty of Advocates are Respondents:

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

Adjourn.

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

DIE Lunæ, 4o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Sarum.
Epus. Hereford.
Epus. Asaphens.
Epus. Oxon.
Epus. Lincoln.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Bangor.
Epus. Glocestr.
Epus. Gicestriens.
Comes Macclesfield, Cancellarius.
Dux Kingston, Custos Privati Sigilli.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Graston.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Manchester.
Dux Dorset.
March. Tweeddale.
Comes Lincoln.
Comes Exeter.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Cardigan.
Comes Litchfield.
Comes Rochester.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Hoptoun.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Sussex.
Comes Cowper.
Comes Cadogan.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Percy.
Ds. Willoughby Er.
Ds. Clinton.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Cornwallis.
Ds. Lucas.
Ds. Arundell Tr.
Ds. Craven.
Ds. Osborne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Hay.
Ds. Montjoy.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

S. Sea Company versus Curzon.

This Day the Answer of Eleanor Curzon, to the Petition and Appeal of the Governor and Company of Merchants of Great Britain trading to The South Seas, and other Parts of America, and for encouraging the Fishery, &c. was brought in.

Haldane and Dundas versus Dean and Fabulty of Advocates:

After hearing Counsel, upon the Petition and Appeal of Mr. Patrick Haldane Advocate in his own Behalf, and Robert Dundas Esquire His Majesty's Advocate for Scotland, in Behalf of the Crown; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Twenty-eighth of December One Thousand Seven Hundred Twenty-one, the Twenty-sixth of January following, and Eighth of June last, upon a Petition presented in the Name of the Dean and Faculty of Advocates; as also upon a Petition of the Six Principal Clerks of Session there; and praying Relief in the Premises: As also upon the Answer of the said Dean and Faculty of Advocates put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Interlocutors reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutory Sentences of the Twenty-eighth of December One Thousand Seven Hundred Twenty-one, the Twenty-sixth of January following, and Eighth of June last, complained of in the said Appeal, be, and the same are hereby, reversed: And it is further Ordered and Adjudged, That the Appellant Patrick Haldane be forthwith put upon Trial, according to Law.

Bishops & al. to make Leases of their Mines, Bill.

The Lord Viscount Harcourt presented to the House a Bill, intituled, "An Act to enable Archbishops, Bishops, Colleges, Deans and Chapters, Hospitals, Parsons, Vicars, and others having Spiritual Promotions, to make Leases of their Mines which have not been accustomably letten, not exceeding the Term of One and Twenty Years, and without taking any Fine upon the granting or renewing the same."

Luttere & al. Petition referred to Judges.

Upon reading the Petition of Elizabeth Lutterell, Widow and Relict of Henry Lutterell late of Lutterell'stowne in the Kingdom of Ireland Esquire, deceased, and of her Sons Robert Lutterell and Simon Lutterell, under the Age of Twenty-one Years, by their Guardians the Right Honourable William Earl Cadogan, Richard Lord Baron of Gowran, and William Strickland Esquire; praying Leave to bring in a Bill, for establishing an Agreement between the Petitioners, for the Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Tracy and Mr. Baron Page; 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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, qumtum diem instantis Februarii, hora undecima Auroræ, Dominis sic decementibus.

DIE Martis, 5o die Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm.
Epus. Sarum.
Epus. Oxon.
Epus. Lincoln.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Dux Kingston, C. P. S.
Dux Dorset.
Comes Exeter.
Comes Warwick.
Comes Denbigh.
Comes Berks.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Litchfield.
Comes Rochester.
Comes Rochford.
Comes Coventry.
Comes Poulett.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Bristol.
Comes Cowper.
Comes Cadogan.
Comes Coningesby.
Comes Pomfret.
Viscount Townshend.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Er.
Ds. Clinton.
Ds. Hunsdon.
Ds. Compton.
Ds. Cornwallis.
Ds. Lucas.
Ds. Craven.
Ds. Waldegrave.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

Bishops & al. to make Leases of their Mines, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Archbishops, Bishops, Colleges, Deans and Chapters, Hospitals, Parsons, Vicars, and others having Spiritual Promotions, to make Leases of their Mines which have not been accustomably letten, not exceeding the Term of One and Twenty Years, and without taking any Fine upon the granting or renewing the same."

Whadcock's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estate late of Humphry Whadcock, deceased, for discharging a Debt due to the Crown; and for Payment of such other his Debts as his Personal Estate will not extend to pay; and for settling the Residue of his Lands, conformable to his last 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 were read Twice, and agreed to.

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

Gayer & al. versus Earl of Anglesey & al.

Upon reading the Petition and Appeal of Robert Gayer Esquire, Eldest Son of Sir Robert Gayer late of Stoke Pogis in the County of Bucks Knight of the Bath, deceased, and of Robert Gayer Junior Esquire, the only Son of the said Robert Gayer, and Grandson of the said Sir Robert Gayer; complaining of so much of a Decretal Order of the High Court of Chancery, made the Twenty-sixth of February in the Fourth Year of Her late Majesty's Reign, and of an Order of the Twenty-fifth of October in the said Year, as relates to and directs the Estate of Stoke to be settled, in Three several Causes there depending; in One of which, the Petitioner Robert Gayer, James Gayer, Elizabeth Gayer, Edward Gayer, and Anne Gayer, Sons and Daughters of the Petitioner Robert Gayer, the Son and Heir of the said Sir Robert Gayer deceased, and Henry Gayer Youngest Son of the said Sir Robert Gayer, Thomas Gayer and William Gayer his Second and Third Sons by Dame Mary his First Wife, and James Gayer and Edward Gayer his Sons by the Lady Christian Gayer his Widow and Relict, were Plaintiffs, and William Lloyd Doctor in Divinity, Roger North, and James Smith, the Executors and Trustees of the said Sir Robert Gayer's last Will, and the Petitioner Robert Gayer Son and Heir of the said Sir Robert Gayer deceased, were Defendants; and in One other of the said Causes, the said Lady Christian Gayer, James Gayer, and Edward Gayer, Infants, by the Lady Christian their Mother and prochein Amie, were Plaintiffs, and the said William Lloyd, Roger North, James Smith, and Robert Gayer, were Defendants; and in the other of the said Causes, the said William Lloyd, Roger North, and James Smith, were Plaintiffs, and the said Robert Gayer Esquire, the Lady Christian Gayer, and James Gayer and Edward Gayer Infants, and Robert, James, Edward, Elizabeth, Anne, and Mary Gayer, Children of the said Robert Gayer the Father, were Defendants; and praying, "That the same may be reversed; and that the said Premises of Stoke may be now sold, according to the Testator's Will, and the First Decretal Order, made the Ninth of December in the Third Year of Her said late Majesty's Reign; and that, until a convenient Sale can be made, Arthur Earl of Anglesey, the surviving Trustee, may be enabled, with the Approbation of the Master, to mortgage the Premises:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Arthur Earl of Anglesey, Thomas Gayer, Henry Gayer, James Gayer, and Edward Gayer, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Nineteenth Day of this Instant February.

Maxwell's Committee revived.

Ordered, That the Committee to whom the Petition of Charles Maxwell of Cowhill Esquire and Janet his Wife was referred, be revived, and meet on Thursday next; and that the Earls of Litchfield, Selkirk, Strafford, and Lord Arundell of Trerice, be added thereunto.

White & al. versus Lightburne & al. & è contra.

This Day being appointed, to hear Counsel, as well upon the Cross Appeal of Stafford Lightburne Esquire and Catherine his Wife, James Kennedy and Jane his Wife, Richard Murphy and Alice his Wife, Elizabeth Pue, Mary Pue, and Sarah Pue; complaining of an Order made in the Court of Chancery in Ireland, the Fifth of July One Thousand Seven Hundred Twentyone; and another Order of the same Court, made the Thirteenth of November following, on re-hearing the Cause wherein the said Appellants were Plaintiffs, and Anne White Widow, Paul Howell Esquire, Thomas Burrows Gentleman, and others, were Defendants; and praying, "That the said Orders may be altered and varied, as shall be agreeable to the Nature of the Case;" as also for the further Hearing of Counsel, upon the Original Appeal of the said Anne White, Paul Howoll, and Thomas Burrows, to which the said Appellants in the Cross Appeal were Respondents:

And the Counsel on both Parts having been fully heard; and several Proofs and Proceedings read; and due Consideration had of what was offered in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Orders made in the said Court of Chancery be, and are hereby, reversed; and the Original Appeal of the said White, Howell, and Burrows, be, and is hereby, dismissed: And forasmuch as the Articles of the Seventh of May One Thousand Six Hundred Ninety-seven, entered into by John Pue deceased, in the Pleadings named; as also the Conveyance of the Equity of Redemption of the Premises, made pursuant thereto, touching which the Appellants in the Cross Appeal by their Bill sought to be relieved, appear to have been obtained by notorious Fraud; it is therefore further Ordered and Adjudged, That the said Articles and Conveyance be set aside, so far as the same import an absolute Sale or Conveyance of the Equity of Redemption of the Lands and Premises contained therein; and that the said Articles and Conveyance be only deemed and taken to be, and do stand as, a Security for such Money only as, on a fair Accompt to be taken in the said Court, shall appear to have been really and bona fide paid by the Testator Abraham White and the Respondent Thomas Burrows, or either of them, as the Consideration-money, or as Part of the Considerationmoney, mentioned in the said Articles and Conveyance; as also for all such other Sum and Sums of Money as the said White and Burrows, or either of them, really and bona fide paid to, or to the Use of, the said John Pue, or by his Order or Direction, or in Discharge, or towards Satisfaction, of any other Debt, or Sum of Money, which was really and bona fide due or owing from the said John Pue, and for which the said White and Burrows, or any Person or Persons claiming under them or either of them, have not received Satisfaction out of any other Lands of the said Pue's, or otherwise, together with Interest for the same at the Rate of Ten Pounds per Cent. from the respective Times the said White and Burrows advanced and paid the same, until such Time as it shall appear, on the Accompt hereby directed, that they were, or shall be, reimbursed the same, by and out of the Profits of the Premises liable to the Payment thereof, or otherwise: And it is further Ordered and Adjudged, That the Respondents Thomas Burrows, as also the Executrix and Devisees of the said Abraham White, do come to an Accompt, before One of the Masters of the said Court, for what they, or any or either of them, or the said Abraham White in his Life-time, have, or without their wilsul Neglect or Default might have received, by and out of the Rents and Profits of the said John Pue's Real Estate, comprized in the said Articles and Conveyance; and they are to stand charged with what shall appear to have been by them received as aforesaid; as also with the further Sum of Two Hundred Sixty two Pounds, Twelve Shillings, and Eleven Pence Halfpenny, mentioned in the Report of the Ninth of July One Thousand Seven Hundred and Twelve, made in the Court of Exchequer in Ireland, or so much thereof as shall appear to have been paid to the said Abraham White by Arthur Emmerson, the Assignee of Thady Byrn's Mortgage, together with Irish Interest for the same, from the Time of Payment thereof; and in case the said Burrows, and the Devisees of the said White, insist on any other Debts of the said Pue's to have been paid by them, any or either of them, then they are to accompt for what they, any or either of them, or any claiming under them or either of them, have, or without wilful Default might have received, out of the Rents and Profits of any other Estate liable to the Payment thereof, or otherwise, towards the Satisfaction thereof: And it is further Ordered and Adjudged, That if, on taking the said Accompts, any Thing shall appear to remain due to the said Burrows and the Devisees of the said White, the same is to be paid them, with Irish Interest, by the Coheirs of the said John Pue, at such Time and Place as the said Court shall appoint; and, upon Payment thereof, the said Burrows and the Devisees of the said Abraham White are to re-convey the Equity of Redemption of the Premises to the said Coheirs of the said John Pue, or to whom they shall appoint; and also all the Estate and Intcrest of them the said Burrows and the said Devisees, or any or either of them, or any other Person or Persons claiming in Trust for them, or any or either of them, by or under the Mortgage or Conveyance of the said Premises from the said Emmerson, freed and discharged of and from all Incumbrances made by them the said Abraham White and the said Burrows, or either of them, or any claiming under them, or either of them, or in Trust for them, any or either of them; which Conveyances are to be settled and approved of by One of the Masters of the said Court, in case the Parties disser therein: And it is further Ordered and Adjudged, That the said Burrows and the Executrix and Devisees of the said Abraham White do also assign over to the Coheirs of the said John Pue, or as they shall direct, all the Securities and other Incumbrances which were taken in by the said Burrows and White, and which, upon the said Accompts, shall appear to be satisfied, and to deliver up the same, upon Oath, to or for the Benefit of the said Coheirs, with Possession of the said Estate, as the said Court shall direct: But if, upon taking the said Accompts, it shall appear that the said Burrows, and White in his Life-time, or his Executrix and Devisees since his Decease, are overpaid, then it is further Ordered and Adjudged, That what shall appear so to be overpaid shall be paid, by the said Burrows and the Executrix and Devisees of the said Abraham White, to the said Coheirs of the said John Pue, with Irish Interest, to be computed for the same from the Time of such Over-payment, at such Time and Place as the said Court shall appoint; and thereupon such Re-conveyances and Assignments are to be made to or for the Benefit of the said Coheirs; and Possession of the Estate and the Deeds and Writings relating thereto are to be delivered up, on Oath, as before directed; and, for the better taking the said Accompts, all Deeds, Writings, Securities, Books, Papers, and Accompts, are to be produced on Oath before One of the Masters of the said Court; and all Parties accompting are to be examined on Interrogatories, for the better Discovery of the Matters aforesaid, as the said Court shall direct; and they are to have all just Allowances upon the said Accompts; in taking which Accompts, Annual Rests are to be made: And it is further Ordered and Adjudged, That the Appellants, who are Complainants in the said Suit in Chancery in Ireland, be paid their Costs of that Suit, by the said Burrows and the Executrix and Devisees of the said White, to be taxed according to the Usage of that Court; and that the said Court do give all proper Directions for the better executing this Judgement.

Adjourn.

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

DIE Mercurii, 6o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Cestriens.
Epus. Asaphens.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Glocestr.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Dux Greenwich, Senescallus.
Dux Devon.
Dux Montagu.
Dux Kent.
Dux Dorset.
Comes Exeter.
Comes Denbigh.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Bristol.
Comes Cowper.
Comes Cadogan.
Comes Coningesby.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth.
Viscount Harcourt.
Ds. Clinton.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Cornwallis.
Ds. Lucas.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Herbert.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.

PRAYERS.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for continuing some Laws, and reviving others, therein mentioned; for exempting Apothecaries from serving Parish and Ward Offices, and upon Juries; and relating to Jurors; and to the Payment of Seamen's Wages; and the Preservation of Naval Stores and Stores of War; and concerning the Militia and Trophy-money: and against clandestine Running of uncustomed Goods; and for more effectual preventing Frauds relating to the Customs and Frauds in mixing Silk with Stuffs, to be exported;" to which they desire the Concurrence of this House.

Mckenzie & al. versus Mackilligins.

Whereas this Day was appointed, for hearing Counsel, upon the Petition and Appeal of Mr. Kenneth Mckenzie, Brother of George Mckenzie of Balmuckie, Roderick Mckenzie Younger of Reidcastle, Lewis Mckenzie his Brother, Donald Mckenzie of Killcovie, John Chisholm of Knocksin, and Archibald his Brother; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Twenty-eighth of July One Thousand Seven Hundred Twenty-one, and the Twenty-third of February One Thousand Seven Hundred Twenty-one-two, and the Affirmances thereof, the Twenty-fourth and Thirty-first of July One Thousand Seven Hundred Twenty-two, in a Cause wherein Mr. Daniel and Mr. John Mackilligins were Plaintiffs, and the Appellants and others were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Daniel and John Mackilligins, Ministers of the Gospel at Alncss, put in to the said Appeal:

Counsel appearing for the Respondents, but no Counsel for the Appellants:

And the Respondents Counsel being heard;

And withdrawn:

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 the same are hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said Respondents, the Sum of One Hundred Pounds, for their Costs in respect of the said Appeal.

Mutiny Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

Ordered, That the said Bill be read a Second Time on Friday next; and the Lords to be summoned.

Address for Articles of War, and an Account of the Augmentation of the Forces.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, humbly to desire, "That His Majesty will be graciously pleased to order the proper Officer to lay before this House, a Copy of the Articles of War; and an Account of the Augmentation of the Forces intended for the ensuing Year."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Hunt's Petition, to be discharged Attendance on E. Coningesby's Complaint.

A Petition of Creswel Hunt, was presented to the House, and read; setting forth, "That, on the Nineteenth of December last, on a Complaint of a Breach of Earl Coningesby's Privilege, the Petitioner was ordered to attend on that Day Month, to answer the Matter of the said Complaint: That, on the Twentysecond of January last, the Petitioner and others were examined relating thereunto; and the Consideration thereof was referred to the Committee of Privileges, and the Petitioner ordered to attend: That the Petitioner has attended Twice, hoping the Committee of Privileges would have sat and considered the Matter of the said Complaint; but was both Days informed, "That the Committee would not sit thereupon;" and praying, "In regard the Petitioner has given all the Information he can touching the said Complaint, and having a Family and Affairs in the Country to take Care of, that he may be discharged from further Attendance:"

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

Bishops & al. to make Leases of their Mines, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Archbishops, Bishops, Colleges, Deans and Chapters, Hospitals, Parsons, Vicars, and others having Spiritual Promotions, to make Leases of their Mines which have not been accustomably letten, not exceeding the Term of One and Twenty Years, and without taking any Fine upon the granting or renewing the same."

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

L. Steward.
D. Devonshire.
D. Dorset.
Earl of Exeter.
E. Sunderland.
E. Scarsdale.
E. Clarendon.
E. Litchfield.
E. Yarmouth.
E. Scarbrough.
E. Coventry.
E. Findlater.
E. Aberdeen.
E. Orkney.
E. Strafford.
E. Uxbridge.
E. Bristol.
E. Cowper.
E. Cadogan.
E. Coningesby.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth.
Viscount Harcourt.
L. Bp. Durham.
L. Bp. Chester.
L. Bp. St. Asaph.
L. Bp. Carlile.
L. Bp. Bristol.
L. Bp. Peterborough.
L. Bp. Glocester.
L. Bp. Chichester.
L. Clinton.
L. Compton.
L. Teynham.
L. Cornwallis.
L. Lucas.
L. Craven.
L. Waldegrave.
L. Ashburnham.
L. Herbert.
L. Hay.
L. Foley.
L. Bathurst.
L. Bingley.
L. Onslow.
L. Ducie.

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

E. Broadalbine & al. versus E. Caithnes.

Whereas To-morrow is appointed, for hearing the Cause wherein John Earl of Broadalbine, Sir James Sinclair, and John Sinclair, are Appellants; and Alexander Earl of Caithnes is Respondent:

The House being moved, "That the said Hearing may be put off for Three Months, in regard the Parties are under a Treaty for an Accommodation:"

And thereupon the Agents on both Sides were called in.

And severally consenting to the putting off the said Hearing:

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

Reports from Commissioners forfeited Estates delivered.

The House being informed, "That Mr. Turvill and Mr. Wolfe attended, from the Commissioners and Trustees for Sale of the forfeited Estates:"

They were called in; and severally delivered, at the Bar, pursuant to their Lordships Order of the Seventeenth of January last, the Reports following; (videlicet,)

1st, "The further Report of the Commissioners and Trustees appointed to execute the Trusts and Powers in England, Ireland, and elsewhere (except Scotland), contained in several Acts of Parliament, for appointing Commissioners, to inquire of the Estates of certain Traitors and of Popish Recusants, and of Estates given to Superstitious Uses, in order to raise Money out of them, severally, for the Use of the Public; and for vesting the said forfeited Estates in Trustees, to be sold, for the Use of the Public; and for giving Relief to lawful Creditors, by determining the Claims; and for bringing into the respective Exchequers the Rents and Profits of the said Estates, till sold."

2, "A further Report, most humbly offered by the Commissioners and Trustees who acted in Scotland, appointed by Two several Acts of Parliament; the one, made in the First Year of His Majesty's Reign, intituled, "An Act for appointing Commissioners, to inquire of the Estates of certain Traitors, and of Popish Recusants, and of Estates given to Superstitious Uses, in order to raise Money out of them, severally, for the Use of the Public;" and the other, made in the Fourth Year of His Majesty's Reign, intituled, "An Act for vesting the forfeited Estates in Great Britain and Ireland in Trustees, to be sold, for the Use of the Public; and for giving Relief to lawful Creditors, by determining the Claims; and for the more effectual bringing into the respective Exchequers the Rents and Profits of the said Estates, till sold."

Then they withdrew.

And the Titles of the said Reports were severally read.

Horton & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Mary the Wife of Thomas Horton Esquire, a Lunatic, and of Elizabeth Horton and Elinor Horton Infants, Daughters of the said Thomas and Mary Horton, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Trustees, with the Consent of Mary the Wife of Thomas Horton Esquire, a Lunatic, to execute the Powers in the Marriage Settlement of the said Lunatic, for raising any Sum, not exceeding Three Thousand Pounds, for Elizabeth Horton and Elinor Horton, his Daughters; and for other Purposes in the said Act mentioned."

D Montagu & E. Cardigan, Petition referred to Judges.

Upon reading the Petition of John Duke of Montagu and George Earl of Cardigan; praying Leave to bring in a Bill, for vesting several Woods, Coppices, and Woodlands, in the County of Northampton, of the Petitioner George Earl of Cardigan, in the Petitioner John Duke of Montagu and his Heirs; and for vesting several Woods, Coppices, and Woodlands, of the Petitioner John Duke of Montagu, in the said County, to the same Uses as the Woods, Coppices, and Wood-lands, of the Petitioner George Earl of Cardigan are 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 Dormer and Mr. Justice Eyre; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Bennett's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Estates of George Bennett Gentleman, and of Henry Bennett his only Son and Heir, in the County of Devon, to be sold, for the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Fellowes and Mr. Edwards:

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

Continuing and reviving Laws, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for continuing some Laws, and reviving others, therein mentioned; for exempting Apothecaries from serving Parish and Ward Offices, and upon Juries; and relating to Jurors; and to the Payment of Seamen's Wages; and the Preservation of Naval Stores and Stores of War; and concerning the Militia and Trophy Money; and against clandestine Running of uncustomed Goods; and for more effectual preventing Frauds relating to the Customs; and Frauds in mixing Silk with Stuffs, to be exported."

Adjourn.

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

Die Martis, 18o Februarii, 1723, hitherto examined by us,

Hu. Bristol.
Ric. Lincoln.
Jo. Norwich.
De Lawarr.

DIE Veneris, 8o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm.
Epus. Sarum.
Epus. Hereford.
Epus. Asaphens.
Epus. Oxon.
Epus. Lincoln.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, Custos Privati Sigilli.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Bolton.
Dux Devon.
Dux Roxburgh.
Dux Kent.
Dux Ancaster & Kesteven, Ds. Magnus Camerarius.
Dux Chandos.
Dux Dorset.
Comes Lincoln.
Comes Exeter.
Comes Leicester.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Berks.
Comes Peterborow.
Comes Sunderland.
Comes Clarendon.
Comes Essex.
Comes Carlisle.
Comes Litchfield.
Comes Radnor.
Comes Yarmouth.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Poulett.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Hoptoun.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Cadogan.
Comes Coningesby.
Comes Pomfret.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Percy.
Ds. Clinton.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Cornwallis.
Ds. Lucas.
Ds. Craven.
Ds. Osborne.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

McPherson versus McPherson:

Whereas this Day was appointed, for hearing the Cause wherein James M'pherson Younger of Killiehuntlie is Appellant, and John M'pherson of Dallrady is Respondent:

Causes put off.

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

His Majesty's Answer to Address, for Articles of War, &c.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of this House of Wednesday last, That "His Majesty would be graciously pleased to order the proper Officer to lay before this House, a Copy of the Articles of War, and an Account of the Augmentation of the Forces intended for the ensuing Year;" and that His Majesty had been pleased to give Order accordingly."

Articles of War, and an Account of the Augmentation of the Forces, delivered.

The House being informed, "That Mr. Arnold, from the Secretary at War's Office, attended."

He was called in; and, at the Bar, presented to the House, in Pursaance of the aforementioned Address,

"A Copy of the Rules and Articles, for the better Government of His Majesty's House and Foot Guards, and all other His Land Forces, in Great Britain and Ireland, and Dominions beyond the Seas."

"Also, an Account of the Augmentation of His Majesty's Forces, for the Year One Thousand Seven Hundred Twenty-three."

And being withdrawn:

The Titles thereof were read, by the Clerk.

E Coningesby's Privilege:

The House proceeded to take into Consideration the Petition of Creswel Hunt, which, on Wednesday last, was ordered to lie on the Table; praying to be discharged from his further Attendance on the Committee of Privileges, to whom the Complaint of Thomas Earl Coningesby, of a Breach of Privilege committed by the Petitioner, in keeping Mr. John Chamberlain, Rector of Humber, in the County of Hereford, out of Possession of a Chapel, in the Parish of Pencham, in the said County, stands referred.

And the said Petition being read; and due Consideration had thereof:

Hunt discharged Attendance.

It is Ordered, That the Petitioner be, and he is hereby, discharged from the Matter of the said Complaint; and that the Committee of Privileges be discharged from proceeding thereupon.

E of Sutherland & al. versus Grant and Duff.

Whereas Wednesday next is appointed, for hearing the Cause wherein John Earl of Sutherland and others are Appellants, and James Grant and William Duff Esquires are Respondents:

And the House being moved, "That the said Hearing may be put off for some Time, in regard the Parties are under a Treaty for an Accommodation:"

And thereupon the Agents on both Sides were called in.

And severally consenting to the putting off the said Hearing:

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

Mill & al. versus Col. Reid & al.

Upon reading the Petition and Appeal of Alexander Mill of Hatton, William Ross, David Butter, Baillies of the Town of Montross, for themselves and the other Magistrates and Council of the said Town; complaining of the Interlocutory Orders of the Eighth and Nineteenth of January last, made on the Behalf of Colonel Robert Reid, James Couts, George Morrison, James Smith, John Adam, John Hutchson, John Couts, Alexander Strachan of Tarry, Robert Ramsay, Robert Reid, and David Buchannon; and praying, "That the same may be reversed, and the Petitioners relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Colonel Robert Reid, James Couts, George Morrison, James Smith, John Adam, John Hutchson, John Couts, Alexander Strachan, Robert Ramsay, Robert Reid, and David Buchannan, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Eighth Day of March next; and that Service of this Order on the Respondents Agents, or Writers, in the said Court of Session, be deemed good Service.

Mutiny Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

The Question was put, "Whether this Bill shall be committed?"

It was Resolved in the Affirmative.

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

Instruction to Committee.

Ordered, That it be an Instruction to the Committee of the whole House to whom the Bill, intituled, "An Act for punishing Mutiny and Defertion; and for the better Payment of the Army and their Quarters," stands committed: "That the Number of Men to be kept on Foot be particularly specified in the Preamble of the said Bill."

Purnell & al. Pet. referred to Judges.

Upon reading the Petition of John Purnell the Elder, John Purnell the Younger, Hannah Tyler, John Wood, and John Elbridge, and also of Martha Purnell the Infant Daughter of the said John Purnell the Younger by Arabella his late Wife; praying Leave to bring in a Bill, for Sale of an Estate, in the County of Gloucester; and for the Payment, out of the Purchase-money, of the Principal and Interest due, by Mortgage, to the Petitioner John Elbridge in the First Place, and afterwards of an Equivalent to the Petitioner John Purnell the Elder, for his Annuity; and for raising an immediate Provision, in Money, for the Petitioner Martha, in Licu of her Reversionary Estate; and for Payment of the Surplus of such Purchase-money to the Petitioner John Purnell the Younger:

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. Baron Price and Mr. Baron Gilbert; 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.

Clayton & al. Pet. referred to Judges.

Upon reading the Petition of Richard Clayton Esquire and Mary his Wife, on Behalf of themselves and their Daughters Alathea, Jane, and Rachell Clayton (who are Infants), Alathea Clifford Widow, Mother of the said Richard Clayton, Watkin Williams Wynne, Corbett Kynaston, George Shakerley, Thomas Wynne, and Roger Barnston, Esquires; praying Leave to bring in a Bill, for Sale of so much of the Estates, in the County of Salop, included in the Marriage Settlement of the Petitioners Richard Clayton with Mary his Wife; as will be sufficient to discharge certain Incumbrances; and for other Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Justice Denton; 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.

Leffroy versus Eastman.

Upon reading the Petition and Appeal of Thomas Leffroy; complaining of a Decree of the High Court of Chancery, of the Fourth of June last, in certain Causes, wherein the Petitioner was Plaintiff, and Nehemiah Eastman was Defendant; et è contra; and praying, "That the same may be reversed or altered, and the Petitioner relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Nehemiah Eastman may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the Two and Twentieth Day of this Instant February; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery be deemed good Service.

S. S. Comp. versus Curzon.

The House being moved, on the Behalf of the Governor and Company of Merchants of Great Britain trading to The South Sea, and other Parts of America, and for encouraging the Fishery, &c. Appellants in a Cause depending in this House, to which Eleanor Curzon is Respondent, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Twenty-seventh Day of this Instant February, at Eleven a Clock.

Continuing and reviving Laws, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing some Laws, and reviving others, therein mentioned; for exempting Apothecaries from serving Parish and Ward Offices, and upon Juries; and relating to Jurors; and to the Payment of Seamen's Wages, and the Preservation of Naval Stores and Stores of War; and concerning the Militia and Trophy Money; and against clandestine Running of uncustomed Goods; and for more effectual preventing Frauds relating to the Customs and Frauds in mixing Silk with Stuffs, to be exported."

It is Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday the Nineteenth Day of this Instant February; and that the Judges have Copies thereof in the mean Time, and do then attend.

Bedfordshire and Hertfordshire Road, Bill.

Whereas To-morrow is appointed, for the Third Reading of the Bill, intituled, "An Act for repairing and widening the Road, leading from The Black Bull in Dunstable, in the County of Bedford, to the Way turning out of the said Road up to Shafford House, in the County of Hertford;" and for hearing One Counsel of a Side, as well against as for the said Bill:

It is Ordered, That the said Bill be read a Third Time on Saturday the Sixteenth Day of this Instant February; and that Counsel be then heard, as desired.

Poor's Bill.

Whereas Tuesday last was appointed, for the Second Reading of the Bill, intituled, "An Act for the amending the Laws relating to the Settlement, Employment, and Relief, of the Poor;" and for the Judges to attend:

It is Ordered, That the said Bill be read a Second Time, on Tuesday the Nineteenth Day of this Instant February; and that the Judges do then attend.

Adjourn.

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