House of Lords Journal Volume 22
February 1723, 21-28

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History of Parliament Trust

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Year published

1767-1830

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95-103

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'House of Lords Journal Volume 22: February 1723, 21-28', Journal of the House of Lords: volume 22: 1722-1726 (1767-1830), pp. 95-103. URL: http://british-history.ac.uk/report.aspx?compid=113779 Date accessed: 29 November 2014.


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February 1723, 21-28

DIE Jovis, 21o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Dunelm.
Epus. Sarum.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Lincoln.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Bolton.
Dux Rutland.
Dux Kent.
Dux Wharton.
Dux Manchester.
Dux Dorset.
Comes Lincoln.
Comes Exeter.
Comes Denbigh.
Comes Westmorland.
Comes Berks.
Comes Scarsdale.
Comes Clarendon.
Comes Litchfield.
Comes Yarmouth.
Comes Rochford.
Comes Poulett.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Sussex.
Comes Cowper.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Torrington.
Ds. Percy.
Ds. Wilioughby Er.
Ds. Clinton.
Ds. Compton.
Ds. Teynham.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lucas.
Ds. Craven.
Ds. Osborne.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Romney.

PRAYERS.

D. Montagu and E Cardigan, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of John Duke of Montagu and George Earl of Cardigan 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 Bill, pursuant to the said Petition and Report.

Then,

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for the vesting several Woods, Lands, and Coppices, in Stanierne and Geddington, in the County of Northampton, and belonging to the Right Honourable George Earl of Cardigan, in the most Noble John Duke of Montagu and his Heirs; and for vesting and settling other Woods, Lands, and Coppices, lying in the Parishes of Oakley Parva and Stanierne, in the said County of Northampton, in and upon the said George Earl of Cardigan, with Remainders over, and in the Manner herein mentioned."

Mill & al. versus Col. Reid & al.

The House being moved, "That James Scott of Logie Esquire may be permitted to enter into a Recognizance for Alexander Mill, William Ross, David Butter, Baillies of the Town of Montross, for themselves and the other Magistrates and Council of the said Town, on Account of their Appeal depending in this House, to which Colonel Robert Reid, James Couts, and others, are Respondents; the Appellants residing in Scotland:"

It is Ordered, That the said James Scott may enter into a Recognizance for the said Appellants, as desired.

L. Craven's Bill.

The Earl of Clarendon (according to Order) reported from the Lords Committees to whom the Bill, intuled, "An Act for confirming an Agreement between the Right Honourable William Lord Craven, and the Churchwardens of the Parishes of St. Clement's Danes, St. Martin's, St. James's, and St. Paul Covent Garden, within the City and Liberty of Westminster," was committed, the Amendments made by the Committee to the said Bill.

Which were read Twice; and, with Amendments to some of the said Amendments, were agreed to by the House.

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

Baker's Pet. against Lowndes's Bill.

Upon reading the Petition of John Baker Gentleman; praying to be heard, by his Counsel, at the Bar of this House, or otherwise, before the Bill, intituled, "An Act to vest in Trustees, for William Lowndes Esquire, the Reversion in Fee, expectant upon a Term of Fourscore and Nineteen Years now in being, of and in certain Pieces of Ground, and Buildings thereupon, in the Parish of St. James's, within the Liberty of Westminster, and of and in a certain Messuage and Lands at or near Knightsbridge, upon paying the Value thereof into the Exchequer," shall receive their Lordships Concurre ce, so as to enable His Majesty to make Sale of the same:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed.

Adjourn.

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

DIE Veneris, 22o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Asaphcns.
Epus. Exon.
Epus. Carliol.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Bolton.
Dux Kent.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
Comes Exeter.
Comes Denbigh.
Comes Sunderland.
Comes Clarendon.
Comes Essex.
Comes Litchfield.
Comes Rochester.
Comes Rochford.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Aylesford.
Comes Sussex.
Comes Cowper.
Viscount Townshend.
Viscount Tadcaster.
Viscount St. John.
Viscount Harcourt.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawar.
Ds. Clinton.
Ds. Compton.
Ds. Teynham.
Ds. Cornwallis.
Ds. Arundell.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Hay.
Ds. Bingley.
Ds. Onslow.
Ds. Romney.

PRAYERS.

Lowndes's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to vest in Trustees, for William Lowndes Esquire, the Reversion in Fee, expectant upon a Term of Fourscore and Nineteen Years now in being, of and in certain Pieces of Ground, and Buildings thereupon, in the Parish of St. James's, within the Liberty of Westminster, and of and in a certain Messuage and Lands at or near Knightsbridge, upon paying the Value thereof into the Exchequer," was committed: "That they had considered of the said Bill, and found the Allegations thereof to be true; that the Parties concerned personally appeared, and gave their Consents; and that the Committee had also considered the Petition of John Baker Gentleman, to them referred; and conceive that, if the Petitioner has any Right, the same is sufficiently preserved by the general Saving; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

E. of Macclesfield and D. of Kingston's Pet. referred to Judges.

Upon reading the Petition of Thomas Earl of Macclesfield Lord High Chancellor of Great Britain, and of Evelyn Duke of Kingston Lord Privy Seal, and also the humble Petition of John Milward Clerk; praying Leave to bring in a Bill, to render effectual the Sale of the Manor and Scite of the late dissolved Monastery of Croxton, in the County of Stafford:

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 Eyre and Mr. Justice Dcnton; 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.

L. Forbes & al. versus Denniston & al.

After hearing Counsel, in Part, upon the Petition and Appeal of the Honourable George Forbes commonly called Lord Forbes, Robert Doyne and Richard Nutley Esquires; complaining of a Decree of the Court of Chancery in Ireland, made the Seventeenth of February 1721; as also upon the Answer of Alexander Denniston, Samuel Denniston, and James Thompson, put in to the said Appeal:

It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow.

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 the Third Time on Monday next, the First Business; and nothing to intervene; and that Counsel be then heard, as desired; and that James Goldsmith and Charles Middleton do then attend; and that the Cause appointed for that Day be heard on Wednesday following; and that the other Causes be removed in Course.

D. Montagu and E. Cardigan's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the vesting several Woods, Lands, and Coppices, in Stanierne and Geddington, in the County of Northampton, and belonging to the Right Honourable George Earl of Cardigan, in the most Noble John Duke of Montagu and his Heirs; and for vesting and settling other Woods, Lands, and Coppices, lying in the Parishes of Oakley Parva and Stanierne, in the said County of Northampton, in and upon the said George Earl of Cardigan, with Remainders over, and in the Manner herein mentioned."

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

Ld. President.
Ld. Privy Seal.
Ld. Chamberlain.
D. Kent.
D. Manchester.
D. Dorset.
D. Bridgewater.
E. Denbigh.
E. Sunderland.
E. Clarendon.
E. Litchfield.
E. Rochester.
E. Rochford.
E. Coventry.
E. Loudoun.
E. Findlater.
E. Ilay.
E. Strafford.
E. Uxbridge.
E. Tankerville.
E. Sussex.
E. Cowper.
V. Tadcaster.
V. St. John.
V. Harcourt.
L. Bp. Durham.
L. B. Exeter.
L. B. Carlile.
L. B. Bristol.
L. B. Norwich.
L. B. Bangor.
L. B. Glocester.
L. B. Chichester.
Ld. Carteret.
L. Delawar.
L. Clinton.
L. Compton.
L. Teynham.
L. Cornwallis.
L. Arundell Tr.
L. Guilford.
L. Waldegrave.
L. Ashburnham.
L. Weston.
L. Hay.
L. Bingley.
L. Onslow.
L. Romney.

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

Lowndes's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to vest in Trustes, for William Lowndes Esquire, the Reversion in Fee, expectant upon a Term of Fourscore and Nineteen Years now in being, of and in certain Pieces of Ground, and Buildings thereupon, in the Parish of St. James, within the Liberty of Westminster, and of and in a certain Messuage and Lands at or near Knigtsbridge, upon paying the Value thereof into the Exchequer."

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. Godfrey and Mr. Bennet:

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 Sabbati, vicesimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 23o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Lincoln.
Epus. Carliol.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Grafton.
Dux Kent.
Dux Wharton.
Dux Manchester.
Dux Dorset.
Comes Denbigh.
Comes Berks.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Litchfield.
Comes Rochford.
Comes Coventry.
Comes Poulett.
Comes Godolphin.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Hoptoun.
Comes Deloraine.
Comes Ilay.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Cowper.
Comes Pomfret.
Viscount Tadcaster.
Viscount Cobham.
Viscount Harcourt.
Ds. Delawar.
Ds. Compton.
Ds. Teynham.
Ds. Cornwallis.
Ds. Arundell.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Bathurst.
Ds. Onslow.

PRAYERS.

Ld. Forbes et al. versus Denniston et al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of the Honourable George Forbes commonly called Lord Forbes, Robert Doyne and Richard Nutley Esquires; complaining of a Decree of the High Court of Chancery in Ireland, made the Seventeenth of February One Thousand Seven Hundred Twenty-one, in a Cause wherein Alexander Denniston, Samuel Denniston, and James Thompson, were Plaintiffs, and the Appellants and others were Defendants; and praying, "That the same, and all Proceedings thereupon, may be reversed, and the Respondents Bill dismissed with Costs:" As also upon the Answer of the said Alexander Denniston, Samuel Denniston, and James Thompson, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Decree reversed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of the Seventeenth of February One Thousand Seven Hundred Twenty-one, complained of in the said Appeal, be, and is hereby, reversed: And it is further Ordered and Adjudged, That all Proceedings at Law by the Appellants, or any of them, against the Respondents, or their Heirs or Assigns, or any claiming under them, to avoid or impeach the said Lease in Question, dated the Thirteenth of December One Thousand Seven Hundred and Fifteen, except for Breach of the Conditions or Covenants therein contained, shall, during the Life of the now Earl of Granard, if the Term of the said Lease so long continue, be stayed; and the said Respondents, their Heirs, and Assigns, paying their Rents, and performing their Covenants, be quieted in the Possession of the Lands and Tenements therein demised, during the Continuance of the said Lease, if the Earl of Granard so long live; but that, after the Death of the said Earl of Granard, the Appellants shall be at Liberty to try their Title at Law, as they shall be advised, but not to take out Execution on the Judgement in Ejectment already obtained: And it is further Ordered, That the Court of Chancery in Ireland shall cause an Injunction, or Injunctions, to be issued accordingly; and this present Order to be duly performed, and put in Execution.

Sir Gervas Clifton and his Son, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Sir Gervas Clifton Baronet, and of Robert Clifton Esquire, Eldest Son and Heir Apparent of the said Sir Gervas Clifton, 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 Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Estates of Sir Gervas Clifton Baronet in Trustees; and to enable him to take an Estate for Life, by Way of Purchase, in Settlements intended to be made of his Estates on the Marriage of Robert Clifton Esquire, his Son and Heir Apparent."

Dutchess of Hamilton, Petition to receive her Appeal.

A Petition of Elizabeth Dutchess Dowager of Hamilton; setting forth, "That the Barony, Lands, and Woods, of Kinneil, in Scotland, were, upon the Petitioner's Marriage with the late Duke of Hamilton, settled upon the Petitioner for her Life, in Jointure; that, in the Petitioner's Absence, the Duke of Hamilton her Son took upon him to sell the said Woods to Alexander Gillyes, who began to cut down the same; whereupon the Petitioner commenced her Suit before the Lords of Session there; who, upon the Twenty-fourth, Twenty-fifth of January last, decreed, "That the Duke may cut or dispose of the said Woods, by Sale or otherwise;" that the Petitioner, being advised she is very much aggrieved by the said Decree, hath prepared her Appeal against the same; and in regard the Petitioner is not desirous to give any Delay, but to hear the said Cause with all convenient Speed, and the Petitioner will suffer great Damages before the next Sessions, if their Lordships shall be of Judgement to relieve her; and having not yet any Notice that the Decree is entered; the Petitioner humbly prays, that she may be at Liberty forthwith to exhibit her said Appeal;" was presented to the House, and read.

And ordered to lie on the Table till Monday next.

E of Macclesfield and Duke of Kingston, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Thomas Earl of Macclesfield Lord High Chancellor of Great Britain, and of Evelyn Duke of Kingston Lord Privy Seal, and John Milward Clerk, 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 Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for compleating the Sale of the Manor of Croxton, and other Lands and Tenements, late the Estate of the most Noble Evelyn Duke of Kingston Lord Privy Seal, in the County of Stafford; and for ascertaining and augmenting the Stipend of the Minister of Croxton aforesaid, out of the same Estate; and removing some Doubts and Difficulties arising by a Deed and Will of Gervas Lord Pierrepont, deceased, concerning his Estates in the Counties of Salop and Stafford."

Burr et al. Nat. Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Elizabeth Burr and others," was committed: That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Berckenhout and Busk, Nat. Bill.

The Earl of Clarendon also reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize John Berckenhout and Jacob Hansson Busk," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Adjourn.

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

DIE Lunæ, 25o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm.
Epus. Sarum.
Epus. Asaphen.
Epus. Lincoln.
Epus. Exon.
Epus. Carliol.
Epus. Bristol.
Epus. Bangor.
Epus. Glocestr.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Bolton.
Dux Rutland.
Dux Roxburgh.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Comes Exeter.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Berks.
Comes Peterborow.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Cardigan.
Comes Litchfield.
Comes Rochester.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Poulett.
Comes Godolphin.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Hoptoun.
Comes Deloraine.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Cadogan.
Comes Coningesby.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Percy.
Ds. Willoughby Er.
Ds. Delawar.
Ds. Clinton.
Ds. Compton.
Ds. Teynham.
Ds. Cornwallis.
Ds. Lucas.
Ds. Osborne.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert Cher.
Ds. Gower.
Ds. Foley.
Ds. Onslow.
Ds. Romney.

PRAYERS.

Leffroy versus Eastman.

This Day the Answer of Nehemiah Eastman, Respondent to the Petition and Appeal of Thomas Leffroy, was brought in.

Bedfordshire and Hertfordshire Roads, Bill.

The Order being read, 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 same:

The Counsel and Parties attending were called in.

And the said Bill was read the Third Time.

And the Counsel were heard.

And the Counsel for the Bill proceeding to examine Witnesses, in relation to the Mismanagements of the Trustees appointed to put in Execution the Act passed in the First Year of His present Majesty's Reign, intituled, "An Act for repairing the Highways, through the several Parishes of St. Michael, St. Albans, St. Peter, Shenley Ridge, and South Mims, in the Counties of Hertford and Middlesex:"

They were directed to withdraw.

And being withdrawn:

It was proposed, "That the Counsel be called in again; and directed to proceed in examining Witnesses, in relation to the Mismanagements of the said Trustees."

Which being objected to:

After Debate;

The Question was put, "That the Counsel for the Bill be admitted to proceed to offer Proof, in relation to the Mismanagements of the Trustees appointed to put in Execution the Act passed in the First Year of His present Majesty's Reign, intituled, "An Act for repairing the Highways, through the several Parishes of St. Michael, St. Albans, St. Peter, Shenley Ridge, and South Mims, in the Counties of Hertford and Middlesex?"

It was Resolved in the Affirmative.

Then the Counsel and Persons attending were called in again.

And the Lord Chancellor acquainted them, "That they were at Liberty to proceed in examining their Witnesses, in relation to the said Mismanagements."

And several Witnesses were examined upon Oath, at the Bar, in relation thereunto; as also Witnesses for the Petitioners, against the same.

And the Counsel having replied:

They withdrew.

Then it being moved "In the Twenty-sixth Line of the Twelfth Press, after ["Appeal"], to leave out the Clause following; (videlicet,)

"And it is hereby further Enacted, by the Authority aforesaid, That the Commissioners and Trustees appointed, or to be appointed, to put this Act in Execution, shall and hereby have, to all Intents and Purposes, equal Power and Authority to act, with the Commissioners and Trustees appointed, or to be appointed, to put in Execution the said Act made and passed in the First Year of His present Majesty's Reign (intituled, "An Act for repairing the Highways, through the several Parishes of St. Michael, St. Albans, St. Peter, Shenley Ridge, and South Mims, in the Counties of Hertford and Middlesex,") as if they had been particularly named in, or authorized to act by virtue of, the said Act passed in the First Year of His present Majesty's Reign, to put the same in Execution."

And a Question being stated thereupon:

After Debate;

The previous Question was put, "Whether that Question shall be now put?"

It was Resolved in the Negative.

Then, after further Debate in relation to the aforementioned Bill;

The Question was put, "Whether the said 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. Lightboun and Mr. Borret:

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

Dutchess Dowager Hamilton, Petition.

Ordered, That the Petition of Elizabeth Dutchess Dowager of Hamilton, which, on Saturday last, was ordered to lie on the Table, be taken into Consideration on Thursday Morning next, the First Business.

Sir Gervas Clifton's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Estates of Sir Gervas Clifton Baronet in Trustees; and to enable him to take an Estate for Life, by Way of Purchase, in Settlements intended to be made of his Estates, on the Marriage of Robert Clifton Esquire, his Son and Heir Apparent."

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

Ld. Chancellor.
L. President.
L. Steward.
L. Chamberlain.
Duke Grafton.
Duke Bolton.
D. Roxburgh.
D. Kent.
D. Wharton.
D. Manchester.
D. Chandos.
E. Exeter.
E. Denbigh.
E. Westmorland.
E. Berks.
E. Scarsdale.
E. Clarendon.
E. Essex.
E. Cardigan.
E. Litchfield.
E. Rochester.
E. Scarbrough.
E. Rochford.
E. Coventry.
E. Poulett.
E. Godolphin.
E. Loudoun.
E. Findlater.
E. Aberdeen.
E. Orkney.
E. Ferrers.
E. Strafford.
E. Uxbridge.
E. Aylesford.
E. Bristol.
E. Sussex.
E. Cowper.
E. Cadogan.
E. Coningesby.
E. Pomfret.
V. Say & Seale.
V. Townshend.
V. Tadcaster.
V. St. John.
V. Cobham.
L. Bp. Durham.
L. Bp. Sarum.
L. Bp. Lincoln.
L. Bp. Exeter.
L. Bp. Carlile.
L. Bp. Bristol.
L. Bp. Bangor.
L. Bp. Glocester.
L. Bp. Chichester.
L. Carteret.
L. Willoughby Er.
L. Delawar.
L. Clinton.
L. Compton.
L. Teynham.
L. Cornwallis.
L. Lucas.
L. Waldegrave.
L. Ashburnham.
L. Weston.
L. Herbert Ch.
L. Gower.
L. Foley.
L. Onslow.
L. Romney.

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

His Majesty to be congratulated on the Birth of a Princess.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do, from this House, humbly wait on His Majesty, to congratulate His Majesty on the joyful Occasion of her Royal Highness's happy Delivery of a Princess.

Ordered also, That a Message be sent from this House, to congratulate their Royal Highnesses the Prince and Princess of Wales, on the same joyful Occa sion; and that the Earl of Scarbrough and Lord Percy do attend their Royal Highnesses, with the said Congratulatory Message.

Perry et Ux. Petition referred to Judges.

Upon reading the Petition of Thomas Perry, of Colchester, in the County of Essex, Esquire, and of Anne his Wife; praying Leave to bring in a Bill, for Sale of the Petitioner's Estate in the said County, for the Discharge of certain Debts and Incumbrances; and that the Overplus of the Money to be raised by Sale thereof may be laid out in the Purchase of other Lands, and settled according to the Uses in the Settlement 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 Fortescue Aland 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.

E. of Macclesfield and Duke of Kingston's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for compleating the Sale of the Manor of Croxton, and other Lands and Tenements, late the Estate of the most Noble Evelyn Duke of Kingston, Lord Privy Seal, in the County of Stafford; and for ascertaining and augmenting the Stipend of the Minister of Croxton aforesaid, out of the same Estate; and removing some Doubts and Difficulties arising by a Deed and Will of Gervas Lord Pierrepont, deceased, concerning his Estates in the Counties of Salop and Stafford."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom Sir Gervas Clifton's Bill stands committed.

Their Lordships, or any Five of them; to meet at the same Place, on Monday the Eleventh Day of March next; and to adjourn as they please.

Edgecumbe, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Richard Edgecumbe Esquire 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 Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Richard Edgecumbe Esquire to sell Lands, not exceeding Twenty Acres, to or for the Use of His Majesty, for building a Victualing-office, for the Service of the Royal Navy, at Plimouth; and to purchase other Lands, to be settled to the same Uses as the Lands to be sold now stand limited by his Marriage Settlement."

Leffroy versus Eastman.

The House being moved, on the Behalf of Thomas Leffroy, Appellant in a Cause depending in this House, to which Nehemiah Eastman 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 Friday the Fifteenth Day of March next, at Eleven a Clock.

Continuing and reviving Laws, Bill.

Whereas To-morrow is appointed, for the House to be in a Committee again upon the Bill, for continuing some Laws, and reviving others, therein mentioned:

It is Ordered, That this House be put into a Committee again, to consider further of the said Bill, on Thursday next; and that the Judges do then attend.

Poor's Bill.

Whereas To-morrow is appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for the amending the Laws relating to the Settlement, Employment, and Relief, of the Poor:"

It is Ordered, That the House be put into a Committee thereupon, on Thursday next; and that the Judges do then attend.

Causes put off.

Whereas Wednesday next is appointed, for hearing the Cause wherein Stephen Sweet Esquire is Appellant, and Alexander Anderson Esquire is Respondent:

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

Adjourn.

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

DIE Jovis, 28o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Sarum.
Epus. Hereford.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Lincoln.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Bolton.
Dux Montagu.
Dux Roxburgh.
Dux Manchester.
Dux Dorset.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Warwick.
2. Comes Berks.
1. Comes Denbigh.
Comes Clarendon.
Comes Cardigan.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Poulett.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Hoptoun.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Sussex.
Comes Cowper.
Comes Cadogan.
Viscount Tadcaster.
Viscount Falmouth.
Viscount Harcourt.
Ds. Percy.
Ds. Delawar.
Ds. Clinton.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Romney.

PRAYERS.

His Majesty's Answer to the Congratulation on the Birth of the young Princess.

The Lord Steward reported, "That the Lords with White Staves, pursuant to the Order of this House on Monday last, had humbly waited on His Majesty, to congratulate His Majesty on the joyful Occasion of her Royal Highness's happy Delivery of a Princess; and that His Majesty was pleased to return a Gracious Answer, to this Effect; (videlicet,)

"His Majesty thanks the House of Lords, for their Congratulation upon this happy Occasion; and takes it very kindly."

His Royal Highness's Answer to the congratulatory Message.

The Earl of Scarbrough reported, "That he and the Lord Percy (according to Order) had waited on his Royal Highness the Prince of Wales, with the Message from this House, to congratulate his Royal Highness on the like joyful Occasion; and that His Royal Highness was pleased to return the following Answer; (videlicet,)

"I return the House of Lords Thanks, for this new Proof of their Affection; and do assure them, it is impossible to be more grateful than I am, for any Marks of their Zeal for my Family."

The Earl of Scarbrough further reported, "That he and the Lord Percy had likewise inquired after the Health of her Royal Highness and the young Princess; but, her Highness not seeing Company, they had not as yet executed the further Commands of this House."

Dutchess Dowager of Hamilton versus Duke Hamilton and Gillyes; Petition to receive Appeal:

The House (according to Order) proceeded to take into Consideration the Petition of Elizabeth Dutchess Dowager of Hamilton; praying Leave to exhibit her Appeal, from a Decree of the Lords of Session in Scotland, of the Twenty-fourth, Twenty-fifth of January last, made on the Behalf of the present Duke of Hamilton her Son, and Alexander Gillyes.

And the said Petition, as also the Standing Order, limiting the Time for bringing in Appeals, being read:

And Mr. Charles Sanderson, the Petitioner's Solicitor, attending, was called in, and examined upon Oath, at the Bar, touching the Allegations of the said Petition.

And being withdrawn; and due Consideration had thereof:

It is Ordered, That the said Appeal be received.

Appeal read.

Then a Petition and Appeal of the said Dutchess Dowager of Hamilton, was presented to the House, and read; complaining of a Decree of the Lords of Session in Scotland, of the Twenty-fourth, Twenty-fifth of January last, in a Cause wherein the Petitioner was Plaintiff, and the present Duke of Hamilton her Son, and Alexander Gillyes, were Defendants; and praying, "That the same may be repealed and reversed, and the Petitioner quieted in the Possession as well of the Woods as Lands settled upon the Petitioner in Jointure; or that the Petitioner may be otherwise relieved; and that the said Duke and Alexander Gillyes may be enjoined from cutting and disposing of the said Woods:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Duke of Hamilton and Alexander Gillyes may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the Twenty-eighth Day of March next; and that Service of this Order on the Respondents Agents, or Writers, in the Court of Session in Scotland, be deemed good Service.

Message from H. C. to return the Mutiny Bill.

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

To return the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Continuing and reviving Laws, Bill.

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

And, after some Time spent therein, the House was resumed.

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

Poor's Bill.

The other Order of the Day, for the House to be in a Committee upon 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; being read:

It is Ordered, That the House be put into a Committee thereupon, on Tuesday next; and that the Judges do then attend.

Ld. Craven's Bill.

Ordered, That the Bill, intituled, "An Act for discharging a certain Piece of Ground, in the Parish of St. Martin's in the Fields, called the Pesthouse Field, from certain charitable Uses; and for purchasing other Land, in a more convenient Place, to be settled to the same Uses," be read the Third Time on Tuesday next.

Horton's Committee revived.

Ordered, That the Committee to whom the Bill, 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," be revived, and meet on Saturday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, primum diem Martii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.

Die Martis, 25o Februarii, 1723, hitherto examined by us,

Hu. Bristol.
Jo. Norwich.
Hunsdon.
Onslow.