December 1724

DIE Martis, 1^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lockart's Answers to Appeals, Commissioners of forfeited Estates.

This Day Three Answers of George Lockart of Carnwath Esquire, to Three Appeals exhibited last Session of Parliament by the Commissioners and Trustees of the forfeited Estates, were brought in.

Watson to enter into a Recognizance for Button, &c.

The House being moved, "That Hugh Watson of the Middle Temple Gentleman may be permitted to enter into a Recognizance for Benjamin Burton and Richard Nutley Esquires, on account of their Appeal depending in this House, to which John Slattery Gentleman is Respondent; the Appellants residing in Ireland:"

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

Meighan to enter into a Recognizance for O Brien.

The like Order for Patrick Meighan Gentleman, to enter into a Recognizance for Christopher O Brien Esquire, on account of his Appeal, to which Richard Burke and Elizabeth his Wife are Respondents, for a Reason of the same Nature.

Yonge, to dissolve his Marriage, Bill.

The Lord Delawarr (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to dissolve the Marriage of William Yonge Esquire with Mary Heathcotc; and to enable him to marry again; and for other Purposes therein mentioned," was committed; the Amendments made by the Committee to the said Bill.

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

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

Book called, A New Description of England, &c." Moll & al. discharged:

Herman Moll, Thomas Bowles, Charles Rivington, and John Bowles, in Custody of the Gentleman Usher of the Black Rod, for publishing a Book, intituled, "A new Description of England and Wales, &c." were (according to Order) brought to the Bar; where they, on their Knees, received a Reprimand from the Lord Chancellor, for their said Offence, and were discharged out of Custody, paying their Fees; but directed, "not to depart from the House, till further Order."

And accordingly they withdrew.

And, after some Time, were called in again; and severally examined, upon Oath, touching their Knowledge of David Jones's being the Author of the said Book.

Then they were directed to withdraw, and put into Writing what they respectively said at the Bar, and subscribe the same, and then deliver it to the Clerk.

Printed Books restored:

Ordered, That the several printed Books, seized by the Gentleman Usher of the Black Rod, in the Custody or Possession of the said Four Publishers thereof, be forthwith restored to them.

Bettenham, the Printer, to be brought to the Bar.

A Petition of James Bettenham Printer, in Custody of the Gentleman Usher of the Black Rod, for printing the beforementioned Book, was presented to the House, and read; expressing his hearty Sorrow for his Offence, and humbly begging Pardon for the same; and praying, to be discharged out of Custody:

It is Ordered, That the Petitioner be brought to the Bar of this House, To-morrow Morning, in order to his Discharge.

Adjourn.

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

DIE Mercurii, 2^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cheveley to enter into a Recognizance for Lord Howard of Effingham.

The House being moved, "That Jerningham Cheveley of Lincoln's Inne Gentleman may be permitted to enter into a Recognizance for Thomas Lord Howard of Effingham and Elizabeth Lady Effingham his Wife, on account of their Appeal depending in this House, to which Sir John Napier Baronet, an Infant, by his prochein Amie, and others, are Respondents; his Lordship being indisposed:"

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

Yonge, to dissolve his Marriage, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of William Yonge Esquire with Mary Heathcote; and to enable him to marry again; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with the Bill.

A Message was sent to the House of Commons by Mr. Holford and Mr. Lovibond:

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

James Bettenham, in Custody of the Gentleman Usher of the Black Rod, for printing a Book, intituled, "A New Description of England and Wales, &c." was (according to Order) brought to the Bar; where he, on his Knees, received a Reprimand from the Lord Chancellor, for his said Offence, and was discharged out of Custody, paying his Fees; but directed, "not to depart from the House, till further Order."

And accordingly he withdrew.

And, after some Time, he was called in again; and examined, upon Oath, touching his Knowledge of David Jones's being the Author of the said Book.

Then he was directed to withdraw, and put into Writing what he had informed the House of, and subscribe the same, and then deliver it to the Clerk.

Puleston & Ux. Leave for a Bill.

Upon reading the Petition of Thomas Puleston Esquire, Son and Heir of Sir Roger Puleston Knight, deceased, and Mary his Wife; praying Leave to bring in a Bill, to enable the Petitioners to sell certain Messuages and Tenements, in the Counties of Flint, Denbigh, and County Palatine of Chester, for Payment of the Debts of the said Sir Roger Puleston and the Petitioner Mary; and for other Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Denton and Mr. Baron Price; 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. Archibald Hamilton's Petition, referred to Judges.

Upon reading the Petition of Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton; praying Leave to bring in a Bill, for confirming certain Articles of Agreement, entered into between the Petitioner and George Parker Esquire, commonly called Lord Parker, and others, to exchange a Piece of Wood-land, in the Parish of Remenham, in the County of Berks; and to empower the said Lord Parker and others to exchange the same, for the Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Tracey; 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 Veneris, quartum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 4^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lady Banastre & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Dame Elizabeth Banastre, Widow of Sir William Banastre late of Turkdean in the County of Glocester Knight, deceased, and others; 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.

Then Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Manors of Hasilton and Turkdean, in the County of Glocester, late the Estate of Sir William Banastre Knight, deceased, to be sold, for Payment of his Debts; and for making Provisions for his Daughters and Coheirs, pursuant to their several Marriage Articles; and for other Purposes in the said Act mentioned."

Dr. Stewart & al. Petition, referred to Judges.

Upon reading the Petition of the Reverend Doctor Archibald Stewart and Leonora his Wife, One of the Daughters of John late Archbishop of Tuam, and Sir Thomas Vesey Lord Bishop of Ossery, Son and Heir, and also Executor of the last Will and Testament, of the said Archbishop; and Agmondisham Vesey Esquire, One other of the Sons of the said Archbishop, and the Reverend Archdeacon Theodore Maurice; praying Leave to bring in a Bill, to vacate a Settlement made on the Marriage of the Petitioners Archibald and Leonora; and that the Lands and Hereditaments, in the Counties of Ardmagh and Antrim, in the Kingdom of Ireland, may be so settled and limited, that the Petitioner Archibald may raise Money, for Payment of Debts, and purchasing in an Annuity of Two Hundred Pounds per Annum, payable to Mrs. Lucy Savage; and for other Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Den ton and Mr. Justice Raymond; 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.

Tolet & al. Nat. Bill.

A Message was brought from the House of Commons by Mr. Elton and others:

With a Bill, intituled, "An Act to naturalize John Tolet and John Herman Zur Horst;" to which they desire the Concurrence of this House.

Croston Common, to enclose, Bill.

The Lord Delawarr presented to the House a Bill, intituled, "An Act to enclose the Common and Tract of Land called Croston Finney, in the County of Lancaster."

Then the said Bill was read the First Time.

Sadler & al. Petition, referied to Judges.

Upon reading the Petition of Peter Sadler Esquire and Agnes his Wife, who was the Widow and Relict of Joseph Flight, deceased, Philip Robinson Administrator of Mary Robinson his late Wife, deceased, which Mary was the Eldest Daughter of the said Joseph Flight by the Petitioner Agnes; and Agnes, Philip, and Joseph Robinson, Children of the said Philip, by the said Mary his late Wife, by the said Philip their Father, Jonathan Pead and Agnes his Wife, another Daughter of the said Joseph Flight, by the Petitioner Agnes; praying Leave to bring in a Bill, for Sale of an undivided Moiety of a Messuage, or Tenement, in Dodington, in the Isle of Ely, and County of Cambridge, and certain Lands in the said County; and for applying the Money arising by such Sale in the Purchase of other Lands, to be settled to the same Uses:

It is Ordered, 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.

Tolet & al. Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to naturalize John Tolet and John Herman Zur Horst."

Caulet & al. Petition, to be added to Nat. Bill.

A Petition of Gideon Caulet, Mathew Clarmont, John Boucher, Gaspard Boissier, John Chalie, Lewis Frederic d'Orville, Peter Stample, Francis Arbovin, and Barent Schimmet Pennink, was presented to the House, and read; praying to be added to the abovementioned Bill.

It is Ordered, That the said Petition do lie on the Table, till the said Bill be read a Second Time.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 7^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Wekett versus Raby.

This Day the Answer of John Raby Esquire, to the Appeal of William Wekett and Mary his Wife, was brought in.

Croston Common Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enclose the Common and Tract of Land called Croston Finney, in the County of Lancaster."

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

Their Lordships, or any Five of them; to meet on the Second Day after the Recess, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Lady Banastse's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Manors of Hasilton and Turkdean, in the County of Glocester, late the Estate of Sir William Banastre Knight, deceased, to be sold, for Payment of his Debts, and for making Provisions for his Daughters and Coheirs, pursuant to their several Marriage Articles; and for other Purposes in the said Act mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees before named:

Their Lordships, or any Five of them; to meet on Tuesday the Twenty-second Day of this Instant December, at the same Place; and to adjourn as they please.

E. Suffolk's Privilege:

A Complaint was made to the House, "That Mathias Cater, a menial Servant of the Earl of Suffolk, was arrested the Twenty-fifth of July last, and detained in Custody, at the Suit of William Hayes, by James Bishop and Henry Partridge; and that they the said James Bishop and Henry Partridge, together with one Nicholas Adams, did use very scandalous, insolent, and contemptuous Words, reflecting on the Honour of this House, and the said Earl of Suffolk."

And thereupon the said Mathias Cater, together with John Eldridge, Martha Coleby, and Hugh Morgan, were called in; and severally examined, upon Oath, at the Bar, touching the said Complaint and scandalous Words.

And being withdrawn:

Bishop, Partridge, and Adams attached, for arresting Cater, his Servant.

It is Ordered, That the Gentleman Usher of the Black Rod do forthwith attach the Bodies of the said James Bishop, Henry Partridge, and Nicholas Adams, and bring them in safe Custody to the Bar of this House, to answer for their said Offences; and this shall be a sufficient Warrant on that Behalf.

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

Deputy Gentleman Usher's Account of Service of the Order for Morgan to attend.

The Deputy Gentleman Usher of the Black Rod gave the House an Account, "That he had sent down their Lordships Order for the Attendance of Thomas Morgan, the supposed Author of a certain Letter highly reflecting on the Christian Religion, in a printed News Paper, intituled, "The British Journal, of Saturday the 21st of November 1724;" and had received an Affidavit made by Richard Hunt of Marlborough, Post-master, signifying he had duly served the said Morgan with the said Order."

Neau to be added to Tolet's Nat. Bill.

A Petition of Henry Neau, was presented to the House, and read; praying to be added to the Bill, intituled, "An Act to naturalize John Tolet and John Herman Zur Horst."

It is Ordered, That the said Petition do lie on the Table, till the said Bill be read a Second Time.

Caulet & al. take the Oaths.

Then, Gideon Caulet, Mathew Clarmont, John Boucher, Gaspard Boissier, John Chalie, Lewis Frederic d'Orville, Peter Stample, Francis Arbovin, Barent Schimmet Pennink, and Henry Neau, took the Oaths appointed, in order to their Naturalization.

Tolet's & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize John Tolet and John Herman Zur Horst."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees beforenamed:

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

Caulet & al. Petitions, referred to Committee.

Ordered, That the Petition of Gideon Caulet and others, as also the Petition of Henry Neau, praying to be added to the said Bill, which were ordered to lie on the Table till the Second Reading thereof, be referred to the said Committee.

Adjourn.

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

DIE Mercurii, 9^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Emilie versus Sir J Elwill & al.

The Answer of Sir John Elwill Baronet, as also the Answer of Francis Emilie and Frances his Wife, to the Appeal of John Emilie and others, were brought in this Day.

The House being moved, on the Behalf of the said Sir John Elwill Baronet and others, Respondents to the Appeal of John Emilie, Miles West, Martha his Wife, and Samuel Longuett, "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 the First Saturday after the Recess at Christmas.

His Majesty to be congratulated, on the Birth of a Princess;

Ordered, 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.

and their Royal Highnesses.

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 Occasion; and that the Lord President of the Council and the Earl of Scarbrough do attend their Royal Highnesses, with the said congratulatory Message.

Tolet & al. Nat. Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize John Tolet and John Herman Zur Horst," was committed: "That the Committee had gone through the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

E. Suffolk's Privilege:

The Deputy Gentleman Usher of the Black Rod being called upon, to give the House an Account of what was done, in Pursuance of their Lordships Order of Monday last, for attaching James Bishop, Henry Partridge, and Nicholas Adams, for using very insolent, scandalous, and contemptuous Words, reflecting on the Honour of this House, and the Earl of Suffolk:

He acquainted their Lordships, "That he had attached the said Henry Partridge; but that the said James Bishop and Nicholas Adams absconded, and were not to be found."

Partridge examined, and confronted with Cater.

Whereupon the said Partridge was brought to the Bar, and acquainted with the Information against him, with respect to the Words alledged to be uttered by him, particularly with relation to the giving Protections.

Which he denying; Mathias Cater was called in; and, being confronted with the said Partridge, did again affirm, "That the said Partridge did speak the insolent and contemptuous Words, with relation to the giving Protections, he the said Cater had before deposed at the Bar."

But the said Partridge still denying he spake the Words; he was, by Leave of the House, allowed Liberty to name such Persons as were present (if any), when the Words were spoken.

And he desiring Mr. Melton an Undertaker in The Borough and Mr Prior an Attorney might be required to give their Testimony concerning this Matter; he was directed to be taken from the Bar.

And the following Order was made:

"It is Ordered, That, on Friday Morning next, this House will take the Matter of the Complaint of a Breach of Privilege against the Earl of Suffolk, as also the insolent Words spoken, reflecting on the Honour of this House, into further Consideration; and that the said Partridge be then brought again to the Bar; as also that the said Cater and the several other Informants, and the said Melton and Prior, do then attend; and further, that the said Partridge be at Liberty to produce any other Persons that he may think material, to be examined at the same Time."

Mrs. Lee's Petition, touching E. Coningesby's Privilege.

Upon reading the Petition of Elizabeth Lee Widow; setting forth, "That, in Hillary Term 1722, the Petitioner filed her Bill in the Court of Chancery, as Administratrix of her Daughter Elizabeth Lee, deceased, against Creswell Hunt and others, in order to the Recovery of Money supposed to be due to her said Daughter; and was advised to make Thomas Earl Coningesby a Party in the Suit; whose Lordship was, on the Twentieth of June last, served with the Lord Chancellor's Letter and a Subpœna as usual, together with a Copy of the said Bill; who hath not yet answered, but hath several Times refused to answer the same;" and praying, "In regard the said Earl is only a Trustee, that the Petitioner may be at Liberty to proceed in her said Suit against the said Earl with Effect; and that this House will please to declare, the said Earl hath no Right to any Privilege in this Case:"

It is Ordered, That the said Petition be referred to the Lords Committees for Privileges; and that their Lordships do meet on Monday next, to take the said Petition into Consideration.

Adjourn.

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

DIE Veneris, 11^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Shuckburgh versus S. S. Company & al.

The joint and several Answer 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, the Trustees for the said Company, and Edward Poulter, to the Appeal of John Shuckburgh:

Blakeley versus Leake & al.

Also, the joint and several Answer of John Leake, Mary Hanway Widow, and others, to the Appeal of James Blakley:

Lord and Lady Effingham versus Neale & al.

And the several Answers of Francis Neale Esquire, George Buckby, and Thomas Denton Gentlemen, to the Appeal of Thomas Lord Howard of Effingham and Elizabeth Lady Effingham his Wife;

Were this Day brought in.

The Prince's Answer to congratulatory Message.

The Lord President reported, "That he and the Earl of Scarbrough (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 joyful Occasion of her Royal Highness's happy Delivery of a Princess; and that his Royal Highness was pleased to return the following Answer; (videlicet),

"I am very much obliged to the House of Lords, for this new Mark of their Affection; and I desire my very hearty Thanks may be returned to them for it."

The Lord President further reported, "That he and the Earl of Scarbrough 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."

Sir William Monson's Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Sir William Monson Baronet and George Monson Esquire, and the Survivor of them, together with John Monson Esquire, to convey and settle several Manors and Lands, in the Counties of Lincoln, Hertford, and Nottingham," was committed: "That they had considered of 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 said Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Examination, touching E. of Suffolk's Complaint, and scandalous Words:

The House (according to Order) proceeded to take into further Consideration the Matter of the Complaint of a Breach of Privilege against the Earl of Suffolk; as likewise insolent Words spoken, reflecting on the Honour of this House.

And several Persons attending, they were called in; and Henry Partridge was brought to the Bar.

And Mathias Cater, John Eldridge, and Martha Coleby, were severally examined, upon Oath, touching certain insolent, scandalous, and contemptuous Words, formerly by them alledged to be spoken by the said Partridge: Who all persisting in it that he did speak the insolent Words charged upon him, with relation to the giving Protections; Daniel Prior, Arthur Melton, and Elizabeth Partridge, were, at the Instance of the said Henry Partridge, examined likewise upon Oath, as to their Knowledge of this Matter.

And Mr. Griffiths, Mr. Wills, Mr. Hucks, Mr. Wood, Mr. Pentire, Mr. Chapman, and Mr. Millard, were also severally examined upon Oath, chiefly with respect to the Character of the said Henry Partridge.

And then they were directed to withdraw, and the said Partridge to be taken from the Bar.

Matter of the Arrest, referred to the Committee of Privileges:

Ordered, That the Matter of the said Complaint, so far as the same relates to the arresting of Mathias Cater, a menial Servant of the Earl of Suffolk, the Twenty-fifth of July last, be referred to the Consideration of the Lords Committees for Privileges.

Partridge found guilty

Resolved, That the said Henry Partridge is guilty of speaking insolent, scandalous, and contemptuous Words, highly reflecting on the Honour and Dignity of this House.

and committed to the Black Rod.

Ordered, That the said Henry Partridge be, for his said Offence, committed to the Custody of the Gentleman Usher of the Black Rod.

Tolet, Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize John Tolet and John Herman Zur Horst."

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

It was Resolved in the Affirmative.

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

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto their Lordships desire their Concurrence.

Mr. Bickford's Appeal, to he on the Table.

An Appeal of William Bickford Esquire, and Damaris his Wife, was presented to the House, and read; complaining of a Decree of the Court of Chancery, pronounced the Seventeenth of July last.

But it not appearing whether the said Decree was yet made up and entered:

Mr. Cruys was called in; and examined, upon Oath, at the Bar, touching the same; and acquainted the House, "That the said Decree was drawn up not above Four Days ago, and believed it might not yet be passed."

And he being directed to withdraw:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, duodecimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 12^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

The Lord Chamberlain reported, "That the Lords with White Staves, pursuant to the Order of this House on Wednesday 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."

Messages from H. C. with Bills.

A Message was brought from the House of Commons, by Sir Charles Turner and others:

With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred Twenty-five;" to which they desire the Concurrence of this House.

Also, a Message was brought from the House of Commons, by the Lord William Pawlet and others:

With a Bill, intituled, "An Act to enable Thomas Legh alias Pennington Esquire, and his Issue Male, to change their Surname to Legh, according to the Settlement of Peter Legh Esquire, deceased;" to which they desire the Concurrence of this House.

Likewise, a Message was brought from the House of Commons, by Mr. Hungerford and others:

With a Bill, intituled, "An Act to enable William Ball Esquire, and his Heirs, to take and use the Surname of Basil;" to which they desire the Concurrence of this House.

Pennington to change his Name to Legh, Bill.

The Bill to enable Mr. Pennington to change his Surname to Legh, was read the First Time.

Sir W. Monson's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Sir William Monson Baronet and George Monson Esquire, and the Survivor of them, together with John Monson Esquire, to convey and settle several Manors and Lands, in the Counties of Lincoln, Hertford, and Nottingham."

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. Conway and Mr. Thurston:

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

Land Tax, and Ball's Bills.

The Bill for granting an Aid to His Majesty by a Land Tax, and the Bill to enable Mr. Ball to use the Surname of Basil, were severally read the First Time.

Eyre & al. versus Burke:

Upon reading the Petition of Edward Eyre, Dennis Daly, and Nicholas Darcy, Esquires, Appellants in a Cause depending in this House, to which Gerald Burke Esquire is Respondent; setting forth, "That the said Cause stands appointed to be heard the First Day for hearing Causes after Christmas; and though the Petitioners and their Agent have often applied to the proper Officer in the Court of Exchequer in Ireland, to sign and pass the Decree complained of, yet he refuses so to do; that a Lease of the Lands of Leitrim and Kilbrack, made by the Earl of Clanricard, to the Petitioner Edward Eyre, was produced and read at the said Hearing, and afterwards lodged in the Hands of Hugh Henry of Dublin Esquire; who refuses to send over the same, without the Consent of the said Earl;" and praying, "That the proper Officer of the said Court may be ordered to draw up and pass the said Decree; and that the said Hugh Henry may send over the said Lease, to the End the same may be produced at the Hearing; in this House:"

Decree to be passed, and Lease produced.

It is Ordered, That the said Court of Exchequer do give Direction to the proper Officer, to cause the said Decree to be forthwith signed and passed, that the said Appeal may be heard without Delay; and that the said Lease be produced at the Hearing, as desired; or that the Respondent, or the said Hugh Henry, do permit the Petitioner's Agent to take a Copy thereof, in order to be used at the said Hearing; being attested, upon Oath, to be a true Copy.

Litherland & al. Petition, referred to Judges.

Upon reading the Petition of Elizabeth Litherland Widow, Seth Bamford and Leonard Piddocke Gentlemen; praying Leave to bring in a Bill for making a Conveyance of divers Lands, Tenements, and Hereditaments, in Thringston, in the County of Leicester, to the Petitioner Leonard Piddocke and his Heirs, according to the Intent of certain Articles of Agreement, in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Tracey 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 Lunæ, decimum quartum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 14^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir George Warburton's, &c Answer to Lord and Lady Effingham's Appeal.

This Day the Answer of Sir George Warburton Baronet and John Copping Esquire, to the Appeal of the Lord Effingham and the Lady Elizabeth Effingham his Wife, was brought in.

Land Tax Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred Twenty-five."

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

Cosby versus Pakenham:

After hearing Counsel, upon the Petition and Appeal of William Cosby Esquire; complaining of a Decree of Dismission of the Court of Exchequer, made the Twentieth Day of February last, in certain Causes, wherein the Appellant was Plaintiff, and Robert Pakenham Gentleman Defendant; et è contra; and praying, "That the same may be reversed and set aside; and that it may be referred to the Deputy Remembrancer of the said Court, to take an open Accompt of the Matters in Question:" As also upon the Answer of the said Robert Pakenham put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Decree reversed, and Parties to go to Accompt.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of Dismission, complained of in the said Appeal, be, and is hereby, reversed; and that the Parties abovementioned do forthwith go to an Accompt, both in the Regimental and Stock Accompt; the Regimental Accompt, insisted on by the Respondent's Answer as a stated one, is to stand, but with Liberty for the Appellant to surcharge or falsify; but the other Accompt to be considered as an open Accompt; for the better taking whereof, the said Court of Exchequer is to cause the said Parties to be examined upon Interrogatories, so far as shall be necessary, touching the Matter of the said Accompt; and the said Court is to give such other Directions as shall be proper, for the better taking of the same: And it is further Ordered, That a Report be made upon both Accompts together; and that the said Court of Exchequer do make such further Order thereupon as shall be just; and that the Injunction granted by the said Court be, and is hereby ordered to be, in the mean Time continued: And it is hereby further Ordered, That the Appellant do produce upon Oath, before the Deputy Remembrancer of the said Court of Exchequer, and leave with him; the Vouchers delivered to him by the Respondent, relating to the Regimental Accompt aforesaid, for the better adjusting the said Accompt.

Lord St. John Bletsoe, Pet. referred to Judges.

Upon reading the Petition of John Lord St. John Baron St. John of Bletsoe; praying Leave to bring in a Bill, to enable the Petitioner, in Conjunction with his Trustees, to make a Settlement and Provision for any Woman that he shall marry, and to provide Portions and Maintenance for the Daughters and Younger Children of such Marriage, out of the Estate comprized in the Will of William late Lord St. John, in such Manner as shall be thought reasonable:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Dormer and Mr. Baron Price; 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.

Pennington to change his Name to Leigh, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas Legh alias Pennington Esquire, and his Issue Male, to change their Surname to Legh, according to the Settlement of Peter Legh Esquire, deceased."

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

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

Ball, to use the Surname of Basil, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable William Ball Esquire and his Heirs to take and use the Surname of Basil."

Ordered, That the said Bill be committed to the Lords Committees aforenamed:

Their Lordships, or any Five of them; to meet likewise To-morrow, at the same Place; and to adjourn as they please.

Adjourn.

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

DIE Martis, 15^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir J Napier, &c. Answer to L. and Ly. Effingham's. Appeal:

This Day the Answer of Sir John Napier Baronet, an Infant, by John Coppin Esquire his Guardian, to the Appeal of Thomas Lord Howard of Effingham and Elizabeth Lady Effingham his Wife:

Also the Answer of Francis Brace, to the said Appeal;

Were brought in.

Hearing appointed.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Lord Howard of Effingham and Elizabeth Lady Effingham his Wife are Appellants, and Sir John Napier Baronet, an Infant, by John Coppin Esquire his Guardian, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Second Saturday after the Recess at Christmas.

Ball, to use the Surname of Basil, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable William Ball Esquire and his Heirs to take and use the Surname of Basil," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Fennington, to use the Surname of Legh, Bill.

The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Thomas Legh alias Pennington Esquire, and his Issue Male, to change their Surname to Legh, according to the Settlement of Peter Legh Esquire, deceased," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

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

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

With a Bill, intituled, "An Act for preventing the Inconveniencies arising for Want of Elections of Mayors or other Chief Magistrates of Boroughs or Corporations being made upon the Days appointed by Charter or Usage for that Purpose, and directing in what Manner such Elections shall be afterwards made;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir Charles Turner and others:

To return the Bill, intituled, "An Act to dissolve the Marriage of William Yonge Esquire with Mary Heathcote; and to enable him to marry again; and for other Purposes therein mentioned;" and to acquaint this House, they have agreed to the said Bill, without any Amendment.

Standing Order, to prevent Disorders when His Majesty is present, to be better observed.

Notice being taken, "That the Standing Order of this House, of the Twenty-second of December 1720, for preventing Disorders in the House, especially when His Majesty is present, has not been duly observed:"

The said Standing Order was read.

And it was agreed, to be better observed for the future: And the Clerk was directed to transcribe so much of the same as concerns the Officers of this House keeping the Doors shut, and otherwise to prevent Irregularities; and deliver the same to such Officers, for the better Observance thereof.

Elections of Mayors, &c. of Corporations, Bill.

The Bill for preventing the Inconveniencles arising for Want of Elections of Mayors or other Chief Magistrates of Boroughs or Corporations, was read, the First Time.

Land Tax Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred Twenty-five."

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

And the Lord Delawarr 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."

Then the said Bill was read the Third Time.

And the Question being 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. Lightboun and Mr. Conway:

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

E. of Barrymore, Pet. referred to Judges.

Upon reading the Petition of James Earl of Barrymore in the Kingdom of Ireland, on the Behalf of himself and the Lady Penelope Barry his Daughter, an Infant; praying Leave to bring in a Bill, for Sale of the Manor of Brignall, and all the Lands, Tenements, and Hereditaments, in Brignall, in the County of York, for paying off and discharging several Incumbrances affecting the same, notwithstanding the Infancy of the said Lady Penelope Barry:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Powis; 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.

Puleston, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Thomas Puleston Esquire and Mary his Wife, 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, Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Thomas Puleston Esquire, for discharging Debts and Incumbrances affecting the same."

Shuckburgh versus S. S. Comp.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Shuckburgh Gentleman is Appellant, and the South Sea Company, Sir John Eyles Baronet, and others the Trustees of the said Company, and Edward Poulter, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, the First vacant Causeday after the Recess at Christmas.

Coote and Godsell versus Mammon & al.

Upon reading the Petition of Robert Allen Gentleman, Agent for Sarah Mammon, Jonathan Bruce and Mary his Wife, and Catherine Pritrich, Respondents to the Appeal of Doctor Chidley Coote and James Godsell; praying, "In regard no Proceeding has been had thereupon since the last Session but One, nor has the Petitioner received proper Orders from the Respondents, who are in Ireland, That the Hearing the said Cause, which stands appointed for To-morrow, may be put off to some further Day:"

Thereupon the Petitioner, as also Mr. John Hamilton the Appellants Agent, were called in, and heard, at the Bar, touching the Allegations of the said Petition.

And being withdrawn:

It is Ordered, That the Hearing the said Cause be adjourned to the First vacant Cause-day after the Recess at Christmas.

Adjourn.

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

DIE Mercurii, 16^o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Pennington, to use the Surname of Legh, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Thomas Legh alias Pennington Esquire, and his Issue Male, to change their Surname to Legh, according to the Settlement of Peter Legh Esquire, deceased."

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

It was Resolved in the Affirmative.

Ball, to use the Surname of Basil, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable William Ball Esquire and his Heirs to take and use the Surname of Basil."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Two preceding Bills.

And Messages were severally sent to the House of Commons, by Mr. Lightboun and Mr. Conway:

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

Puleston's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Thomas Puleston Esquire, for discharging Debts and Incumbrances affecting the same."

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

Their Lordships, or any Five of them; to meet on the Second Day after the Recess at Christmas, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Commissioners of forfeited Estates versus Lockhart.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and George Lockart of Carnwath Esquire is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, the First vacant Day for Causes after Christmas.

The like Orders, for hearing Two other Causes between the said Commissioners and Trustees of the forfeited Estates, and the said George Lockart, on the same Day.

Commissioners of forfeited Estates versus E. of Ruglen:

Whereas, by Order of this House, of the Nineteenth of November last, John Earl of Ruglen was required peremptorily to put in his Answer to the Appeal of the Commissioners and Trustees of the forfeited Estates in a Week; which he has neglected to do:

Hearing appointed, ex Parte.

And the House being this Day moved, "To appoint a Day, for hearing the said Cause ex Parte:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, ex Parte, on the same Day the Causes between the said Commissioners and Trustees and George Lockart Esquire are appointed to be heard.

Commissioners of forfeited Estates versus M^c Lair, Hearing appointed ex Parte.

The like Order, for hearing the Cause ex Parte, wherein the said Commissioners and Trustees of the forfeited Estates are Appellants, and George Mac Lair Portioner of Preston is Respondent, on the same Day, being attended with the same Circumstances.

Commissioners of forfeited Estates versus Stevenson.

The House being moved, "To appoint a Day, for hearing the Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and Elizabeth Stevinson is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, the First vacant Day for Causes after the Recess at Christmas.

Princess's Answer to congratulatory Message.

The Lord President reported, "That he and the Earl of Scarbrough, pursuant to the Order of this House, had waited on her Royal Highness the Princess of Wales, with the Message of Congratulation on her happy Delivery of a Princess; and that her Royal Highness was pleased to return this Answer; (videlicet,)

"I am very much obliged to the House of Lords, for their kind Concern; and return them My Thanks for their Congratulation."

Molyneux versus Croston Common Bill.

Upon reading the Petition of Thomas Molyneux of Preston in the County of Lancaster Esquire, in Behalf of himself and the greatest Number of Freeholders, Charterers, Leaseholders, and Tenants, who have Right of Commoning in and on the Common and Great Pasture called Croston Finney, in the Township and Manor of Croston, in the County of Lancaster; praying "sufficient Time to make a proper Defence against the Bill, intituled, "An Act to enclose the Common and Tract of Land called Croston Finney, in the County of Lancaster;" and that they may be heard, by themselves or Counsel, against the said Bill, before the passing thereof:"

It is Ordered, That the said Petition be referred to the Consideration of the Lords Committees to whom the said Bill stands committed; and that the Petitioners be at Liberty to be then heard, by themselves or Counsel, against the said Bill, according to the Prayer of the said Petition; as also Counsel for the said Bill at the same Time, if the Parties think fit.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Elton and others:

To return the Bill, intituled, "An Act to naturalize John Tolet, John Herman Zur Horst, and others;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand; and the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands, to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker; he, after a short Introduction in relation to the Land Tax Bill to be passed, delivered the same to the Clerk Assistant, in the Absence of the Clerk of the Parliaments; who brought it to the Table, where the Clerk of the Crown read the Title of that and the Titles of the other Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred Twenty-five."

To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"2. An Act to dissolve the Marriage of William Yonge Esquire with Mary Heathcote; and to enable him to marry again; and for other Purposes therein mentioned."

"3. An Act to enable William Ball Esquire and his Heirs to take and use the Surname of Basil."

"4. An Act to enable Thomas Legh alias Pennington Esquire, and his Issue Male, to change their Surname to Legh, according to the Settlement of Peter Legh Esquire, deceased."

"5. An Act to naturalize John Tolet, John Herman Zur Horst, and others."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire; and the Commons withdrew.

Adjourn.

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

Die Martis, 2^o Februarii, 1724, hither to examined by us,

Jo. Carliol.
Jo. Norwich.
De Lawarr.

DIE Veneris, 18^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Bedford's Pet. referred to Judges.

Upon reading the Petition of Wriothesley Duke of Bedford, an Infant under the Age of Twenty-one Years, by Scroop Duke of Bridgewater his Guardian; praying Leave to bring in a Bill, for settling the Petitioner's Estate, or a competent Part thereof, upon his Marriage; and to enable the Petitioner, or Trustees for him, to make Building and other Leases of such Parts of the Petitioner's Estate as shall be thought proper:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Denton and Mr. Justice Raymond; 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.

Elections of Mayors, &c. of Corporations, Bill.

Ordered, That the Bill, intituled, "An Act for preventing the Inconveniencies arising for Want of Elections of Mayors or other Chief Magistrates of Boroughs or Corporations being made upon the Days appointed by Charter or Usage for that Purpose, and directing in what Manner such Elections shall be afterwards made," be read a Second Time on Thursday the Fourteenth Day of January next; and the Lords to be summoned; and that Copies of the said Bill be in the mean Time sent to the Judges; and that they do then attend.

Printed Cases to be delivered to the Clerk Two Days before Hearings.

Ordered, That in all Causes, on Appeals or Writs of Error, appointed to be heard in this House, the Appellants and Respondents, the Plaintiffs and Defendants, or their respective Agents or Solicitors, do, for the future, deliver to the Clerk of the Parliaments, or Clerk Assistant, to be distributed to the Lords of this House, the printed Cases upon such Appeals or Writs of Error, at least Two Days before the Hearing of the same; and that no other or different Cases in any such Causes be at any Time afterwards printed or delivered: And it is further Ordered, That this Order be forthwith printed, and affixed on the Doors of this House and Westminster Hall, to the End all Persons therein concerned may the better take Notice of the same.

Sir W. Barker versus Ivers & al.:

After hearing Counsel, upon the Petition and Appeal of Sir William Barker Baronet; complaining of several Orders and Proceedings of the Court of Chancery in Ireland, in a Cause wherein the Appellant, together with Dame Elizabeth Barker his late Mother, since deceased, and her Trustees, were Plaintiffs, and Sir William Barker Baronet, Father of the now Appellant, since deceased, Peircy Freake, and Edward Riggs, were Defendants, made since the Twenty-third Day of June 1714 (on which Day an Appeal of the said Sir William Barker the Father, against several Decrees made in the said Cause, the Seventh Day of December 1702 and the Twenty-seventh Day of November 1707, by the Court of Chancery in Ireland, was dismissed by this House, and the said Decrees and Orders thereby complained of affirmed); and also complaining of several Orders and Decrees made by the said Court of Chancery in Ireland, in a Cause wherein Thomas Ivers was Plaintiff, and the said Sir William Barker the Father and the now Appellant were Defendants; which Suit, upon the Decease of the said Sir William the Father, was revived, and Lelitia Barker the now Respondent was made a Party thereto; and in a Cross Cause, wherein the now Appellant was Plaintiff, and the said Thomas Ivers Defendant: As also upon the Answers of the said Thomas Ivers, the said Letitia Barker, and Darby Egan Esquire, put in to this Appeal; and due Consideration of what was offered thereupon:

Reversed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the several Orders, Proceedings, and Decrees, complained of by the now Appellant in his said Appeal, shall be, and the same are hereby, reversed: And whereas the Appellant, by virtue of his Father's Marriage Articles, and of the said several Decrees affirmed by this House as aforesaid, on the said Twenty-third of June 1714, ought, from the Time of his Father's Decease, to have had and enjoyed an Estate, in Bocking, in the County of Essex, of the full Yearly Value of Five Hundred Pounds, free from all Incumbrances, and also One other Estate of Three Hundred Pounds per Annum, which should have been purchased in England, and settled in Pursuance of the said Marriage Articles and Decrees affirmed by this House; and, upon the Decease of his said Father, would have become Tenant in Tail in Possession of such several Estates, had the said Bocking Estate been disencumbered, and the said Three Hundred Pounds per Annum purchased and settled according to the said Marriage Articles and Decrees affirmed by this House as aforesaid; and it now appears to this House, that Three Hundred Pounds per Annum, or any Part thereof, hath never yet been purchased, according to the said Marriage Articles and Decrees; and that the said Appellant hath never yet had, nor can ever have, any Benefit of the said Bocking Estate, or of any Part thereof, by reason of the many Incumbrances thereupon, precedent to the said Marriage Articles; it is therefore hereby further Ordered and Adjudged, That no such Purchase of Three Hundred Pounds per Annum be at any Time hereafter made; but that, in Lieu thereof, and of the said Bocking Estate, so much Money shall be paid to the Appellant or his Heirs, or to his or their Order, at any such Time and Place in London as the said Court of Chancery in Ireland shall appoint for the Payment thereof, out of the Money or Lands hereinafter declared to be subject to the Payment thereof, as far as the same will extend, as will answer and make good the Value of Five Hundred Pounds per Annum and Three Hundred Pounds per Annum, computed at Twenty-two Years Purchase; that is to say, the Sum of Seventeen Thousand Six Hundred Pounds, and the Arrears of Five Hundred Pounds per Annum and Three Hundred Pounds per Annum, from the Death of the said Appellant's Father, until such Time as the said Sum of Seventeen Thousand Six Hundred Pounds and the said Arrears shall be paid as aforesaid; for or towards which Satisfaction, it is hereby further Ordered and Adjudged, That so much of the Purchase-money of Twenty-one Thousand Four Hundred and Ten Pounds, agreed to be paid by the Respondent Ivers for the Limerick Estate in Question, as exceeds what the Respondent Ivers hath really paid to the Creditors of the said Sir William Barker the Father, in Pursuance of the said Decrees, affirmed by this House as aforesaid, in Discharge of such Debts as were owing by the said Sir William the Father, and legally affected the said Limerick Estate at the Time of putting in the said Sir William the Father's Answer on the Twenty-first Day of May 1701 to the said Bill, together with Irish Interest for such Part of the said Purchase-money exceeding what shall appear to have been so paid as aforesaid, shall be paid, by the Respondent Ivers, his Heirs, Executors, or Administrators, to the said Appellant or his Heirs, at such Time and Place as aforesaid; for which Purpose, it is hereby further Ordered, That the Court of Chancery in Ireland do forthwith order an Accompt to be taken, of what hath been really and bona side paid by the Respondent Ivers, in Pursuance of the said Decrees affirmed by this House, in Discharge of such Debts of the said Sir William Barker the Father as were owing by him, and affected his Limerick Estate, at the Time of the putting in his said Answer; and also an Accompt to be taken of what shall be due for Irish Interest, for the Surplus of the said Twenty-one Thousand Four Hundred and Ten Pounds, which shall appear to remain due after such Payment by the said Ivers, until Satisfaction shall be made of such Surplus, with Irish Interest for the same, to such Time as shall be appointed by the said Court, at the Request of the said Appellant or his Heirs, for Payment thereof as aforesaid; and that the said Court do further order, that such Surplus of the said Twenty-one Thousand Four Hundred Pounds and Ten Pounds, above what shall appear on such Accompt to have been so paid by the said Ivers, together with Irish Interest for such Surplus, to be computed as aforesaid, be paid, by the said Ivers, his Heirs, Executors, or Administrators, to the said Appellant or his Heirs, at such Time and Place in London as the said Appellant shall request the said Court of Chancery to nominate and appoint for that Purpose: And it is hereby further Ordered and Adjudged, That, if Default shall be made, by the Respondent Ivers, his Heirs, Executors, or Administrators, in Payment of such Surplus, and of such Irish Interest for the same as aforesaid, the said Respondent Ivers, and all Persons lawfully claiming by, from, under, or in Trust for him, shall convey all his and their Estate, Right, Title, and Interest, in and to the said Limerick Estate by him purchased, unto the said Appellant and his Heirs; the said Appellant or his Heirs, upon such Conveyance, paying to the said Ivers such Sum and Sums of Money as shall appear upon the Accompt herein before directed to have been paid by the said Respondent Ivers in Discharge of such Debts of the said Sir William Barker as aforesaid; and so much as shall appear to be due on the other Accompt herein before directed, for Irish Interest to be computed as aforesaid, shall be adjudged and taken to be a Satisfaction of so much thereof; and the said Court of Chancery is hereby directed to order the same accordingly, and to cause the Recognizance mentioned in the said Appeal to have been entered into by the said Appellant to be forthwith vacated, and also to order the Appellant's Costs to be taxed, for all the Proceedings in the said Court of Chancery in Ireland, subsequent to the said Affirmance by this House of the several Decrees aforesaid, and such Costs to be paid to the Appellant by the Respondent Ivers; and that the said Court of Chancery do give such further necessary Directions as shall be just, for carrying this Judgement into Execution.

D of Leeds' Privilege:

Complaint being this Day made to the House, and Oath made at the Bar, "That Robert Tranter did speak certain insolent, scandalous, and malicious Words, highly reflecting on the Duke of Leeds, in Breach of the Privilege of this House:"

Tranter attached, for scandalous Words.

It is Ordered, That the Gentleman Usher of the Black Rod do forthwith attach the Body of the said Robert Tranter, and bring him in safe Custody to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant on that Behalf.

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

Bickford & Ux. versus Pendarves & al.

Whereas the Petition and Appeal of William Bickford Esquire and Damaris his Wife; complaining of a Decree of the Court of Chancery, made the Seventeenth Day of July last, in a Cause wherein the Petitioners were Plaintiffs, and Sir William Pendarves, Dame Penelope his Wife, Robert Hoblyn an Infant by the said Sir William Pendarves his Guardian, Charles Holt and Martha his Wife, were Defendants; and praying, That the same may be reversed; and that the Decree of the Master of the Rolls, made the Twenty-eighth of June 1723, may stand;" was, on the Eleventh Instant, ordered to lie on the Table, it not appearing whether the Decree was entered or no:

And the House being informed, "The said Decree is now made up, and entered:"

Thereupon Edmund Jeane was called in, and examined, upon Oath, at the Bar, touching the same.

And being withdrawn:

It is Ordered, That the said Sir William Pendarves and the other Defendants 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 First Day of January next; and that Service of this Order on the Respondents Clerk or Clerks in the said Court of Chancery be deemed good Service.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum nonum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 19^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hales & al. Pet. referred to Judges.

Upon reading the Petition of Stephen Hales Clerk, as also of Henry Carrington Esquire, as well for and on Behalf of himself as of Elizabeth Carrington, an Infant, his Daughter and only Child; praying Leave to bring in a Bill, for the speedy and effectual Sale of certain Freehold, Leasehold, and Copyhold Premises, in Much Hadham and elsewhere, in the County of Hertford, for Payment of the Legacies and other pious and charitable Dispositions of Mary the late Wife of the Petitioner Stephen Hales, and for performing an Agreement between the Petitioners, for the Purposes in the said Petition mentioned:

It is Ordered, 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.

L St. John, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of John Lord St. John Baron St. John of Bletsoe, 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.

Then, Hodie 1^a vice lecta est Billa, intituled, "An Act to enable John Lord St. John to settle a Jointure on such Woman as he shall marry; and to make Provision for the Daughters and Younger Children of such Marriage, out of the Estate devised to him by the Will of William Lord St. John, deceased."

Hawkins' Pet. referred to Judges.

Upon reading the Petition of Dinah Hawkins Widow, Relict and Executrix of Henry Hawkins Citizen and Tallow-chandler of London, deceased, on the Behalf of herself and Henry Hawkins her Son, and of John, George, Mary, and Elizabeth Hawkins, her other Children by the said Henry Hawkins; praying Leave to bring in a Bill, for Sale of a Messuage or Tenement, and Smith's Shop, in Casehorton, in the County of Surrey, for the Benefit of the Petitioners; and that the Money arising by such Sale may be laid out in the Purchase of other Lands, to be settled to the same Uses as the Premises are now settled by the Will of the Petitioner's late Husband:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Tracey and Mr. Baron Price; 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.

Motion for Standing Order, concerning the Delivery of printed Cases.

The Order made Yesterday, touching the Delivery of printed Cases to the Clerk of the Parliaments or Clerk Assistant, to be distributed to the Lords, at least Two Days before the Hearing of Causes, being read:

A Motion was made, "That the same be made a Standing Order of the House:"

It is Ordered, That, on the First Tuesday after the Recess, this House will take the said Motion into Consideration; and the Lords to be summoned.

L. and Ly. Pagett versus D. of Bridgewater and Peirce.

A Petition and Appeal of the Honourable Thomas Catesby Pagett Esquire, commonly called Lord Pagett, and the Lady Elizabeth his Wife, was presented to the House, and read; complaining of a Decree, or Decretal Order, made in the Court of Chancery, the Ninth Day of December 1723, in certain Causes, wherein the Lady Elizabeth Egerton, now the Wife of the said Lord Pagett, by Original Bill, and the said Lord Pagett and the Lady Elizabeth his Wife, by Bill of Revivor, were Plaintiffs, and Scroop Duke of Bridgewater and John Peirce Gentleman were Defendants; and wherein the said Duke of Bridgewater was Plaintiff, the said Lord Pagett and the Lady Elizabeth his Wife, and the said John Peirce, were Defendants; and praying, "That the same may be reversed:"

Thereupon Mr. Michael Spateman was called in, and examined, upon Oath, at the Bar, touching the entering of the said Decretal Order; and acquainted the House, The same was entered with the Register the Twelfth Instant."

And being withdrawn:

It is Ordered, That the said Duke of Bridgewater and John Peirce may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Saturday the Second Day of January next.

Sir J. Napier versus L. and Ly. Essingham & al.

A Petition and Appeal of Sir John Napier Baronet, an. Infant under the Age of Twenty-one Years, by John Coppin Esquire his Guardian, was presented to the House, and read; complaining of such Part of a Decree of the Court of Chancery, of the Twelfth of December 1721, as declares, "That no Fraud or Circumvention appeared sufficient to set aside or prevent the said Court from carrying the Deed of the Sixteenth of July 1718 into Execution;" and as ordered, "That so much of the Petitioner's Bill should be dismissed, as sought to set aside the said Deed of Settlement;" and also whereby it was declared, "It plainly appeared, Sir Theophilus Napier's Intention was, by the said Deed, to settle Lands of Five Hundred Pounds per Annum on the Lady Essingham and her Heirs;" and the Master's Report of the Twenty-second of January last, in certain Causes, wherein the Petitioner, by his Prochein Amie, was Plaintiff, and the Lady Elizabeth Napier now Lady Effingham and others were Defendants; and wherein the said Lord and Lady Effingham, by Bill of Revivor, were Plaintiffs, and the Petitioner by his Guardians and others were Defendants; and praying, "That such Order may be made, for the Petitioner's Relief, as to their Lordships shall seem meet:"

It is Ordered, That the Lord and Lady Effingham, Francis Neale, George Buckby, Thomas Denton, Sir George Warburton, and Francis Brace, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Saturday the Second Day of January next; and that Service of this Order on the Respondents Clerks in the said Court of Chancery be deemed good Service.

Causes put off.

Whereas Monday next is appointed, for hearing the Cause wherein Thomas Paterson Esquire is Appellant, and Charles Cockburn Esquire is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Eleventh Day of January next; and the other Causes to come on in Course, as appointed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, undecimum diem Januarii jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.