House of Lords Journal Volume 22
February 1725, 1-10

Sponsor

History of Parliament Trust

Publication

Year published

1767-1830

Pages

401-413

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'House of Lords Journal Volume 22: February 1725, 1-10', Journal of the House of Lords: volume 22: 1722-1726 (1767-1830), pp. 401-413. URL: http://british-history.ac.uk/report.aspx?compid=113806 Date accessed: 23 September 2014.


Highlight

(Min 3 characters)

February 1725, 1-10

DIE Lunæ, 1o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Ds. Carleton, Præses.
Dux Graston, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Warwick & Holland.
Comes Westmorland.
Comes Berks.
Comes Sunderland.
Comes Anglesey.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Ferrers.
Comes Aylesford.
Comes Bristol.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Ds. Delawarr.
Ds. Maynard.
Ds. Cornwallis.
Ds. Herbert.
Ds. Ashburnham.
Ds. Gower.
Ds. Hay.
Ds. Foley.
Ds. Onslow.
Ds. Lechmere.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Bagenal versus Bagenal & al.

This Day the Answer of Anne Bagenal Widow, George Mathew, Nicholas and Dudley Bagenal, Benjamin Burton, and of the Executors of Philip Savage deceased, to the Appeal of Walter Bagenal Esquire, was brought in.

Thanks to Bishop of Carlisle, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Carlisle; for the Sermon by him preached before this House, in the Abbey Church, Westminster, on Saturday last; and he is hereby desired to cause the same to be forthwith printed and published.

Edgworth versus Giffard, Petition for Hearing to be put off:

A Petition of Edward Edgworth Esquire, was presented to the House, and read; praying, "That the Hearing the Cause wherein the Petitioner is Appellant, and Thomas Giffard Esquire is Respondent, which stands for Thursday next, may be put off for a Week; in regard the Instrument, or Paper Writing, which, by their Lordships Order of the Fifteenth of January last, was to be delivered to his Agent, is not yet brought from Ireland."

Thereupon the Petitioner and Thomas Cole the Respondent's Agent were called in, and heard, at the Bar, in relation to the said Petition.

And being withdrawn:

Rejected.

It is Ordered, That the said Petition be rejected.

Pleadings proved, in the Cause between Mitchell and Craige, and Bagenal and Bagenal.

The House being informed, "That Lawrence Nowlan attended, with several Pleadings and Proceedings, to be made Use of on hearing the Causes wherein William Mitchell of the City of London Merchant is Appellant, and Robert Craige and others are Respondents, on Behalf of the said Appellant; and wherein Walter Bagenal Esquire is Appellant, and Anne Bagenal and others are Respondents, on Behalf of the said Respondents; and desired now to prove the same to be true Copies:"

He was thereupon called in; and delivered the said several Pleadings and Proceedings to the Clerk, at the Bar; and attested, upon Oath, "That the same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then withdrew.

Pleadings proved, in the Cause between Edgworth and Swift.

The House being also informed, "That John Swift attended, with several Pleadings and Proceedings, to be made Use of on hearing the Cause wherein Edward Edgworth Esquire is Appellant, and Mead Swift Gentleman is Respondent, on Behalf of the said Respondent; and desired now to prove the same to be true Copies:"

He was thereupon called in; and delivered the said several Pleadings and Proceedings to the Clerk, at the Bar; and attested, upon Oath, "That the same were true Copies; he having examined them with the Originals in the proper Offices in Ireland; except a Copy of a Record which he could not read, being written in Court Hand; but saw the proper Officer attest the same to be a true Copy."

And then he withdrew.

Sadler and Collier's Bill:

The House (according to Order) proceeded to take into Consideration the Motion made on Friday last, upon Report from the Lords Committees to whom Mr. Collier's Bill was committed, for dispensing with the Standing Order of the Nineteenth of February 1705; directing, when Bills are brought in to sell Lands in One Place and buy Lands in another, the Values be fully made out, and that there be an Agreement for the Purchase.

And the same being read:

Standing Order dispensed with and Instruction to Committee.

It is Ordered, That the said Standing Order be dispensed with in this Case; and that it be an Instruction to the said Committee, "That Care be taken, that both the Moieties of the Estate in the Bill mentioned do stand charged to answer the Principal and Interestof the Purchase-money of One of the Moieties, till a Purchase in Land can be found, to be settled to the same Uses; and that the Interest, in the mean Time, be paid to such Person and Persons respectively as should or would be entitled to the Rents and Profits of the respective Lands so to be purchased and settled as aforesaid."

Hales and Carrington's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Stephen Hales Clerk and Henry Carrington Gentleman to sell their undivided Moieties of the Freehold, Leasehold, and Copyhold Estates, at Much Hadham, in the County of Hertford, late the Estate of William Newce Esquire deceased."

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. Bennet Senior and Mr. Godfrey:

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

Judges to certify whether Standing Orders relating to Private Bills are observed.

Ordered, That the Judges do, for the future, in their Reports upon Petitions for Private Bills referred to them, certify whether the Standing Orders in relation to such Bills have been observed.

Fleetwood's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Richard Fletewood, late of Roffall, in the County of Lancaster, Esquire, deceased, in Trustees, to be sold, for Payment of his Debts and Legacies."

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. Bennet Senior and Mr. Godfrey:

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

O Hara versus O Neile:

The House was informed, "That Tully O Neile Esquire, who, by Order of this House of the Twentysixth of November last, was required to put in his Answer to the Appeal of Charles O Hara Esquire on or before the Thirty-first of December following, has neglected to put in his Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by John Bland of the City of Dublin Gentleman, of the due Service of the said Order, being read:

To answer peremptorily.

It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal, in a Week.

Vaughan versus Blake.

A Petition and Appeal of William Vaughan Merchant, was presented to the House, and read; complaining of several Orders and Decrees of the Court of Exchequer in Ireland, made the Nineteenth, Twentieth, and Twenty-fifth of June 1718, the Ninth of May 1719, the First of December 1720, and Twenty-first of February 1723, in a Cause wherein Robuck Blake Gentleman was Plaintiff, and the Petitioner Defendant; and praying, That the same may be reversed, and the Petitioner relieved."

Thereupon Thomas Cole was called in; and delivered, at the Bar, an Affidavit made by Edwin Sandys of the City of Dublin Gentleman, and a Certificate of the Lord Viscount Palmerston's, "That the Decree in this Cause was not settled and signed till the Twentysecond of December last."

And withdrew.

And the said Affidavit and Certificate being read:

It is Ordered, That the said Robuck Blake may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Eighth Day of March next; and that Service of this Order on the Respondent's Attorney in the said Court of Exchequer in Ireland be deemed good Service.

Young versus Burdet & al.

The House being moved, on the Behalf of William Burdet and Frances his Wife, and John Sutton, Respondents to the Appeal of Mary Young Widow and Arthur Young Clerk, "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 Saturday the Sixth Day of March next, at Eleven a Clock.

Adjourn.

Petrus King Miles, Capitalis Justiciarius Communium Placitorum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 2o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestr.
Epus. Bristol.
Ds. Carleton, Præses.
Dux Montrose.
Dux Manchester.
Dux Dorset.
Comes Warwick & Holland.
Comes Westmorland.
Comes Berks.
Comes Yarmouth.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Findlater.
Comes Ilay.
Comes Bristol.
Comes Sussex.
Comes Cadogan.
Viscount Say & Seale.
Viscount Harcourt.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Craven.
Ds. Guilford.
Ds. Waldegrave.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Lechmere.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Broulhct's Nat. Bill.

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

Wolff's Nat. Bill.

The Earl of Yarmouth also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Jacob Wolff," was committed: "That they had gone through the Bill, and made some Amendments thereunto."

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

Mrs Rushout's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling Elizabeth Rushout, Lady of the Manor of Overswell, in the County of Gloucester, to enclose all and every the Lands lying within the said Manor or Parish of Overswell, in Pursuance of several Agreements therein mentioned to have been made between the said Elizabeth Rushout and the Rector of the Parish aforesaid, and between the said Elizabeth and the Churchwarden and Parishioners of the said Parish, and to establish the said Agreements," was committed: That they had gone through the Bill, and made some Amendments thereunto."

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

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

Burt & al. Petition referred to Judges.

Upon reading the Petition of Rebecca Burt Widow, John Mapleton, David Mapleton, and Thomas Hare, on the Behalf of Rebecca Burt an Infant under the Age of Five Years, Richard Tayler and Martha his Wife, David Burt, and Mary Burt; praying Leave to bring in a Bill, to sell a Copyhold Estate, called Crabrook in Yately, and so much of a Farm in Hartley Wintney, called Hurlebatts, in the County of Southampton, as is not in Settlement, and the Tithes thereof, for Payment of the Legacies of John Burt Yeoman deceased:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Dormer; 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; and do, in their said Report, certify whether the Standing Orders of this House in relation to Private Bills have been observed.

Campbells versus Campbell, Cross Appeal.

Upon reading the Petition and Appeal of Marion, Anna, and Elizabeth Campbells, Daughters of Dougall Campbell of Monktonhall, deceased, Infants, by Elizabeth Campbell their Mother and Guardian; complaining of Part of an Interlocutory of the Lords of Session in Scotland, made the Nineteenth of November 1723, in a Cause wherein George Campbell was Plaintiff, and the Petitioners were Defendants; and praying, "That the same may be reversed; and that this Cause may be heard at the same Time the Original Appeal of the said George Campbell is appointed to be heard:"

Thereupon Mr. Alexander Hamilton, the Petitioners Agent, was called in; and examined in relation to the said Appeal.

And being withdrawn:

It is Ordered, That the said George Campbell may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing forthwith, that so both Appeals may be heard together.

Sheldon & al. Petition referred to Judges.

Upon reading the Petition of Elizabeth Sheldon, Widow and Relict of Gilbert Sheldon Esquire deceased, and of Judith and Mary Sheldon Spinsters, Sisters of the said Gilbert Sheldon, and of Paul Jodrell Junior Esquire and of Judith his Wife, on Behalf of themselves and their Children, and of William Cradock Esquire and Mary his Wife, on Behalf of themselves and their Children; which said Judith Jodrell and Mary Cradock are the Daughters and Heirs at Law of the said Gilbert Sheldon; praying Leave to bring in a Bill, for Sale of the Manors of Middle Ditchford, Guys Ditchford, and other Lands, Tenements, and Hereditaments, in the Parishes of Blockley and Hanging Ashton, in the County of Worcester, for Payment of the Debts of the said Gilbert Sheldon, and for raising a sufficient Provision for the said Elizabeth his Widow, and for the said Judith Jodrell and Mary Cradock, the Heirs at Law of the said Gilbert Sheldon, and their Children:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Justice Denton; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same; and do, in their said Report, certify whether the Standing Orders of this House in relation to Private Bills have been observed.

Consideration of Payment of Fees of Earl of Suffolk's Complaint adjourned.

The Order of the Day being read, for taking into further Consideration the Payment of the Fees of the Persons taken into Custody upon Complaint of the Earl of Suffolk; and for bringing Mathias Cater, in Custody of the Gentleman Usher of the Black Rod for being concerned in procuring written Protections, then to the Bar, in order to be asked if he has any Thing further to offer for himself, in his own Justification:

Accordingly the said Cater was brought to the Bar.

And being asked as directed; he acquainted the House, He had nothing more to offer than what he had before said; but begged Pardon for any Offence he might have given, and prayed to be discharged."

He was thereupon directed to be taken from the Bar.

And it is Ordered, That on Thursday next, at Twelve a Clock, this House will take into further Consideration the Payment of the Fees of the said Persons taken into Custody upon the Complaint of the said Earl of Suffolk; and the Lords to be summoned; and that the said Cater be then again brought to the Bar: And that the Cause wherein Edward Edgworth Esquire is Appellant, and Thomas Giffard Esquire Respondent, appointed for that Day, be heard on Friday next; and the other Causes removed One Cause-day in Course.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 3o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Litch. & Cov.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Graston, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Montrose.
Dux Newcastle.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Leicester.
Comes Westmorland.
Comes Sunderland.
Comes Anglesey.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Ferrers.
Comes Bristol.
Comes Halifax.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Guilford.
Ds. Ashburnham.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Bathurst.
Ds. Onslow.
Ds. Lechmere.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Dr. Coote versus Mammon & al:

After hearing Counsel, upon the Petition and Appeal of the Reverend Dr. Chidley Coote and James Godsell; complaining of a Decree of the Court of Exchequer in Ireland, made the Second of December 1721, in a Cause wherein John Mammon and Sarah his Wife, Jonathan Bruce and Mary his Wife, and Catherine Pritrich, were Plaintiffs, and the Appellants Defendants; and praying, "That the same and all Proceedings thereupon may be reversed, and the Plaintiffs Bill dismissed with Costs:" As also upon the Answer of the said John Mammon and Sarah his Wife, Jonathan Bruce and Mary his Wife, and Catherine Pritrich, put in to the same Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed, with Costs.

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

Sir Edward Blacket & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Sir Edward Blacket Baronet, John Blacket Esquire, and Christopher Blacket, 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 Part of the Estate of Sir Edward Blacket Baronet in Trustees, to be sold, for raising Eight Thousand Pounds, charged thereupon by his late Brother's Marriage Settlement."

Duke and Dutchess of Bolton, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Charles Duke of Bolton and Anne Dutchess of Bolton, 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 explaining a Power contained in the Settlement of the Dutchess of Bolton's Estate, on her Marriage with the present Duke; and making the same more effectual for the Purposes thereby intended."

Message to H. C. with a Bill.

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

With a Bill intituled, "An Act for enlarging the Term granted by an Act made in the Tenth Year of Her late Majesty's Reign, for amending and maintaining the Road between Northfleet, Gravesend, and Rochester, in the County of Kent; and for explaining the same Act; and for appropriating Part of the Money arising thereby towards repairing the Road between the Town of Chatham, and Boughton under the Blean, in the said County of Kent;" to which they desire the Concurrence of this House.

Mrs. Rushbut's Bill:

Hodie 3a vice lecta est Billa, intituled; "An Act for enabling Elizabeth Rushout, Lady of the Manor of Overswell, in the County of Gloucester, to enclose all and every the Lands lying within the said Manor or Parish of Overswell, in Pursuance of several Agreements therein mentioned to have been made between the said Elizabeth Rushout and the Rector of the Parish aforesaid, and between the said Elizabeth and the Churchwarden and Parishioners of the said Parish; and to establish the said Agreements."

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. Lightboun and Mr. Thurston:

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 4o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestr.
Epus. Bristol.
Ds. Carleton, Præses.
Dux Greenwich, Senescallus.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Leeds.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Dorset.
March. Tweeddale.
Comes Lincoln.
Comes Warwick & Holland.
Comes Westmorland.
Comes Berks.
Comes Anglesey.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Ferrers.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Tadcaster.
Viscount Cobham.
Viscount Harcourt.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Trevors.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Eyre versus Blake.

This Day the Answer of Thomas Blake Esquire, One of the Respondents to the Appeal of Edward Eyre Esquire:

Mead versus Swanton.

As also the Answer of Henry Swanton Gentleman, to the Appeal of the Reverend Dominick Mead;

Were brought in.

Collier and Sadler's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for the Sale of the Moiety of a Farm called Stony Grainge Farm, in the Isle of Ely, to Jabez Collier Gentleman; and for applying the Money arising thereby in the Purchase of other Lands, to be settled to the same Uses," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto; and particularly had agreed to a Provision, in Pursuance of the Instruction given by the House on Monday last, when the Standing Order of the Nineteenth of February 1705, directing when Bills are brought in to sell Lands in One Place and buy Lands in another, the Values be fully made out, and that there be an Agreement for the Purchase, was dispensed with, in relation to this Bill."

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

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

Address for State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, to desire "That His Majesty will be graciously pleased to cause the proper Officers to lay before this House a State of the National Debt, provided or unprovided for by Parliament, from the Thirty-first of December 1722, to the Thirty-first of December 1723; and from the Thirty-first of December 1723, to the Thirty first of December 1724; together with an Accompt of the Produce of the Sinking Fund in each of those Years, and how much thereof hath been applied towards sinking the said Debt, and how much thereof hath been otherwise applied, and to what Uses, in each of those Years."

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

Duke and Dutchess of Bolton's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for explaining a Power contained in the Settlement of the Dutchess of Bolton's Estate, on her Marriage with the present Duke; and making the same more effectual for the Purposes thereby intended."

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

Ds. Carleton, Præses.
Dux Greenwich, Senescallus.
Dux Montagu.
Dux Wharton.
Dux Manchester.
Dux Dorset.
March. Tweeddale.
Comes Westmorland.
Comes Anglesey.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Findlater.
Comes Ilay.
Comes Aylesford.
Comes Halifax.
Comes Sussex.
Comes Cadogan.
Viscount Say & Seale.
Viscount Townshend.
Viscount Harcourt.
Arch. Ebor.
Epus. Oxon.
Epus. Petriburg.
Epus. Lincoln.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Bristol.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Lechmere.

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

Putland versus Burrowes:

Upon reading the Petition of John Putland a Minor, Eldest Son and Heir of Thomas Putland Junior deceased, by Jane Putland his Mother and next Friend, and the said Jane Putland, and Richard Helsham Doctor of Physic, Executors of the said Thomas Putland, Appellants in a Cause depending in this House, to which Sir Walter Burrows Baronet is Respondent; praying, "In regard the Officer refuses to draw up the Order of the Court of Chancery in Ireland appealed from, without Leave of this House, that he may be ordered to draw up and pass the same:"

Order to be drawn up.

It is Ordered, That the Court of Chancery in Ireland do give Directions to the proper Officer, to cause the said Order to be forthwith drawn up and passed, that the said Cause may be heard without delay.

Stone versus E. of Anglesey:

Upon reading the Petition of Richard Stone Esquire, Appellant in a Cause depending in this House, to which Arthur Earl of Anglesey, Arthur Lord Altham, and others, are Respondents; praying, "In regard the Officer refuses to draw up the Order of the Court of Chancery in Ireland, appealed from, without Leave of this House, that he may be ordered to draw up and pass the same."

Order to be made up:

It is Ordered, That the Court of Chancery in Ireland do give Directions to the proper Officer, to cause the said Order to be forthwith drawn up and passed, that the Cause may be heard without Delay.

Sir Edward Blacket's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Sir Edward Blacket Baronet in Trustees, to be sold, for raising Eight Thousand Pounds, charged thereupon by his late Brother's Marriage Settlement."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom the Duke and Dutchess of Bolton's Bill stands committed.

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

Dust to enter into Recognizance for William Duff.

The House being moved, "That Patrick Duff Esquire may be permitted to enter into a Recognizance for William Duff and Lesslie, on Account of their Appeal depending in this House, to which David Earl of Buchan is Respondent; the Appellants residing in Scotland:"

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

Yate & al. Petition referred to Judges.

Upon reading the Petition of John Yate Gentleman and Anne his Wife, Joyce Sprott Widow, John Baldwyn, William Haslewood, and William Dobles Gentleman; praying Leave to bring in a Bill, for Sale of certain Houses and Premises in Bridgnorth, in the County of Salop, for the Payment of the Petitioner John Yate's Debts; and for the Application of the Surplus to the Uses in the Petition mentioned; and for restraining the Petitioner John Yate from committing of Waste; and for the providing and raising such Yearly Sum for Portions and Maintenances for Younger Sons and Daughters; and discharging the Manor and Lands of Ashford Carbonell, in the said County of Salop, from the same:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Tracy and Mr. Baron Page; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same; and do, in their said Report, certify whether the Standing Orders of this House in relation to Private Bills have been observed.

Cater, for procuring written Protections, &c. committed to Newgate, and to stand in the Pillory.

The Order of the Day being read, for taking into further Consideration the Payment of Fees of the Persons taken into Custody upon Complaint of the Earl of Suffolk; and for the bringing Mathias Cater, in Custody of the Gentleman Usher of the Black Rod, to the Bar:

And the Proceedings of the Seventh, Ninth, and Eleventh of December, as also those of the Nineteenth and Twenty-first of January last, on the Examination of the Matter of the Earl of Suffolk's Complaint, of a Breach of Privilege, in arresting the said Cater; and of scandalous, insolent, and contemptuous Words, alledged to be spoken by James Bishop, Henry Partridge, and Nicholas Adams, highly reflecting on the Honour of this House, and the said Earl, being likewise read:

It is Resolved, That it appears to this House, that the said Mathias Cater hath been guilty of procuring and selling written Protections, from and in the Name of the said Earl of Suffolk, to divers Persons, to the great Oppression of their lawful Creditors; and in Breach and Contempt of the known Standing Orders of this House.

Resolved, That it also appears to this House, that the said Mathias Cater has been Guilty of an unlawful Combination with John Eldridge and Martha Coleby, to charge falsely, upon their Oaths, James Bishop, Henry Partridge, and Nicholas Adams, with speaking scandalous, insolent, and contemptuous Words, highly reflecting on the Honour of this House.

Then the Report of Precedents; as to what Punishments have been inflicted, or what Methods taken to vindicate the Honour of this House, in Cases of any Breach of Privilege, or Contempts to this House, made from a Committee the Twenty fifth of November last, being read:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That, for the said Offences, the said Mathias Cater be sined Twenty Nobles; and that he be committed to Newgate for Three Months, and until he shall pay the said Fine of Twenty Nobles to the King; and that he be forthwith delivered, by the Gentleman Usher of the Black Rod, to the Sheriffs of London and Middlesex, to be by them conveyed to Newgate; and that the said Sheriffs do cause him to be put Twice into the Pillory, for the Space of an Hour each Time, with a Paper over his Head, signifying his Offences; the First Time on Thursday the Eleventh Day of this Instant February, between the Hours of Ten and Twelve a Clock in the Forenoon, in The Palace Yard, before Westminster Hall Gate; and the Second Time on Thursday the Eighteenth Day of the same Month, between the said Hours of Ten and Twelve, before The Royal Exchange in London.

And it was agreed, "That the said Cater be now brought to the Bar; and the Judgement of this House, abovementioned, be pronounced upon him, by the Lord on the Woolsack."

Accordingly he was brought to the Bar, by the Gentleman Usher of the Black Rod; and, being there on his Knees, the said Judgement was pronounced upon him.

And then he was taken from the Bar.

The House (according to Order) proceeded to take into further Consideration the Payment of the Fees of the Persons taken into Custody, upon the Complaint of the Earl of Suffolk.

E. of Suffolk to pay the Fees of the Persons attached on his Complaint.

And the Standing Order, directing the Lords who complain of a Breach of Privilege to pay the Fees of the Persons taken into Custody, in Case the Matter complained of proves no Breach of Privilege, being read:

It is Ordered, That the Earl of Suffolk do pay the Fees and Expences due to the Gentleman Usher of the Black Rod, and all other Fees of the said Henry Partridge and Nicholas Adams, upon Occasion of the aforementioned Complaint made against them; and likewise the Expences the said Gentleman Usher has been at, in endeavouring to attach the said James Bishop, pursuant to the Order of this House, made upon the said Complaint.

Proceedings proved, in the Causes of Bauman and Chambre, and E. of Cavan and Prgott.

The House being informed, "That William Wall attended, with several Papers and Proceedings to be made Use of on hearing the Causes wherein John Bauman Gentleman is Appellant, and Calcot Chambre Respondent; and wherein Richard Earl of Cavan and Thomas Piggot Gentleman are Appellants, and Robert Piggot Gentleman is Respondent; and desired now to prove the same to be true Copies:"

He was thereupon called in; and delivered the said several Papers and Proceedings to the Clerk, at the Bar; and attested, upon Oath, "That the same were true Copies; he having examined them with the Originals in the proper Offices in Ireland."

And withdrew.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 5o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Cestriens.
Epus. Lincoln.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Montrose.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Berks.
Comes Anglesey.
Comes Litchfield.
Comes Yarmouth.
Comes Warrington.
Comes Rochford.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Harcourt.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Guilford.
Ds. Ashburnham.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up the Transcripts of the Records upon Two Writs of Error;

Stapylton versus Ld. Shelburne, in Error.

Wherein John Stapylton Esquire is Plaintiff, And Henry Shelburne Esquire, Lord Shelburne of the Kingdom of Ireland, Defendant; And in the other,

Stapylton versus Wyvill, in Error.

John Stapylton Esquire is Plaintiff, And Marmaduke Wyvill Esquire Defendant.

Report on Mrs. Lee's Petition touching E. Coningesby's Privilege to be received.

The Lord Guilford acquainted the House, from the Lords Committees for Privileges, to whom the Petition of Elizabeth Lee Widow was referred; praying a Declaration may be made, "That Earl Coningesby has no Privilege in the Case set forth in the said Petition, it being alledged he is only a Trustee: That the Committee had considered the said Petition, and had directed him to make a Special Report to the House; which he was ready to do, when their Lordships will please to receive the same."

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

York Buildings Company versus Haldane.

Upon reading the Petition and Appeal of the Governor and Company of Undertakers for raising the Thames Water, in York Buildings; complaining of Two Interlocutory Sentences of the Lords of Session in Scotland, of the Twenty-ninth of December and Sixteenth of January last, in a Cause wherein Mr. John Haldane was Plaintiff, and the Petitioners were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said John Haldane may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the Fifth Day of March next.

Edgworth versus Giffard.

After hearing Counsel, upon the Petition and Appeal of Edward Edgworth Esquire; complaining of several Orders of the Court of Exchequer in Ireland, made the Tenth and Twenty-second of February 1721, the Fifth of December and Twenty-third of February 1722, and Twenty-second of June 1723; and also upon a subsequent Appeal of the same Mr. Edgworth, complaining likewise of the Orders abovementioned; as also of other Orders of the same Court, made the Thirty-first of January and First of February 1723, in a Cause wherein Thomas Giffard Esquire was Plaintiff, and the Appeallant Defendant; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed, with Costs:" As also upon the Answers of the said Thomas Giffard severally put in to the said Appeals; and due Consideration had of what was offered on either Side thereupon:

Orders affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That both the said Petitions and Appeals be, and are hereby, dismissed this House; and that the several Orders and Proceedings therein complained of be, and the same are hereby, affirmed.

Kent Roads, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act made in the Tenth Year of Her late Majesty's Reign, for amending and maintaining the Road between Northsleet, Gravesend, and Rochester, in the County of Kent; and for explaining the same Act; and for appropriating Part of the Money arising thereby towards repairing the Road between the Town of Chatham and Boughton under the Blean, in the said County of Kent."

Causes put off.

Whereas there are Five Causes appointed to be heard To-morrow, wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and George Lockhart of Carnwath Esquire is Respondent to Three of them, and John Earl of Ruglen and George Mac Lair are Respondents to the other Two:

It is Ordered, That the Two latter of the said Causes be adjourned to the next Day for hearing Causes; and the other Causes on Cause-days removed in Course.

Adjourn.

Petrus King Miles, Capitalis Justiciarius Communium Placitorum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 6o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Oxon.
Epus. Lincoln.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Ds. Carleton, Præses.
Dux Kingston, Custos Privati Sigilli.
Dux Bolton.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Wharton.
Dux Manchester.
Dux Dorset.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Leicester.
Comes Scarsdale.
Comes Anglesey.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Stair.
Comes Bristol.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Viscount Townshend.
Viscount Lonsdale.
Viscount Harcourt.
Ds. Percy.
Ds. Delawarr.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Lechmere.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Edward Knatchbull and others:

With a Bill, intituled, "An Act to enable the Pier Wardens of the Town of Margate, in the County of Kent, more effectually to recover the ancient and accustomary Droits for the Support and Maintenance of the said Pier;" to which they desire the Concurrence of this House.

Mayor and Aldermen of Gloucester, Pet. referred to Judges.

Upon reading the Petition of the Mayor and Aldermen of the City of Gloucester, whose Names are subscribed; praying Leave to bring in a Bill, for repealing so much of an Act of the First Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for the incorporating certain Persons, for the better providing for and setting at Work the Poor of the City of Gloucester, as directs the Election of Twenty-four Guardians, out of the Inhabitants of the respective Parishes of the said City of Gloucester, and gives them the Management of the Poor of the said City; and, that the said Charity may be truly and honestly applied, that the same may be put under the Management of Mr. Nourse's Trustees, and such other proper Persons, in such Way and Manner as this House shall think fit:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the same Judges to whom the former Petitions for a Bill of the like Nature stands referred.

Commissioners forfeited Estates versus Lockhart:

After hearing Counsel, upon the Petition and Appeal of the Commissioners and Trustees nominated and appointed by Warrant or Authority under His Majesty's Royal Sign Manual, made and passed in pursuance of the Act Nono Georgii Regis, limiting the Times of Continuance of Commissioners for forfeited Estates for England and Scotland respectively; complaining of a Decree of the Court of Delegates in Scotland, made the Third of March last, on the Behalf of George Lookhart of Carnwath Esquire; and praying, "That the same may be reversed; and that the Judgement and Decree given by the Appellants, the First of September 1719, may be affirmed:" As also upon the Answer of the said George Lockhart put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree of Delegates affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of, with respect to the Bond claimed by the Respondent, alledged to be given to Sir George Lockhart his Father by Robert late Earl of Southesk, be, and is hereby affirmed.

Commissioners forfeited Estates versus Lockhart:

After hearing Counsel, upon the Petition and Appeal of the Commissioners and Trustees nominated and appointed by Warrant or Authority, under His Majesty's Royal Sign Manual, made and passed in Pursuance of the Act Nono Georgii Regis, limiting the Times of Continuance of Commissioners for forfeited Estates for England and Scotland respectively; complaining of a Decree of the Court of Delegates in Scotland, made the Third of March last, on the Behalf of George Lockhart of Carnwath Esquire; and praying, "That the same may be reversed; and that the Judgement and Decree given by the Appellants, the Twentieth of August 1720, may be affirmed:" As also upon the Answer of the said George Lockhart put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree of Delegates affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of, with respect to the Bond claimed by the Respondent, alledged to be given to Sir George Lockhart his Father by Alexander late Earl of Callendar, deceased, be, and is hereby affirmed.

Commissioners forfeited Estates versus Lockhart:

After hearing Counsel, upon the Petition and Appeal of the Commissioners and Trustees nominated and appointed by Warrant or Authority under His Majesty's Royal Sign Manual, made and passed in Pursuance of the Act Nono Georgii Regis, limiting the Times of Continuance of Commissioners for forfeited Estates for England and Scotland, respectively; complaining of a Decree of the Court of Delegates in Scotland, made the Third of March last, on the Behalf of George Lockhart of Carnwath Esquire; and praying, "That the same may be reversed; and that the Judgement and Decree given by the Appellants, the Sixteenth of September 1720, may be affirmed:" As also upon the Answer of the said George Lockhart put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree of Delegates affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of, with respect to the Bond claimed by the Respondent, alledged to be given to Sir George Lockhart his Father, by George Earl Marischal (Grandfather to George late Earl Marischal, attainted) be, and is hereby, affirmed.

Pier Wardens of Margate Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Pier Wardens of the Town of Margate, in the County of Kent, more effectually to recover the ancient and accustomary Droits for the Support and Maintenance of the said Pier."

Kent Roads to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act made in the Tenth Year of Her late Majesty's Reign, for amending and maintaining the Road between Northfleet, Gravesend, and Rochester, in the County of Kent; and for explaining the same Act; and for appropriating Part of the Money arising thereby towards repairing the Road between the Town of Chatham and Boughton under the Blean, in the said County of Kent."

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

Ds. Carleton, Præses.
Dux Wharton.
Dux Dorset.
March. Tweeddale.
Comes Lincoln.
Comes Leicester.
Comes Scarsdale.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Rothes.
Comes Findlater.
Comes Bristol.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Vis. Townshend.
Vis. Lonsdale.
Vis. Harcourt.
Epus. Oxon.
Epus. Lincoln.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Ds. Delawarr.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Lechmere.

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

Neilson versus Marray.

Upon reading the Petition and Appeal of John Neilson of Chapell; complaining of several Interlocutors, or Decrees, of the Lords of Session in Scotland, of the Tenth of July and Fourteenth of December 1722, the Eighth of February 1723, the Fourteenth of November and Fourth of December 1724, and the Twenty-third of January last, in a Cause, wherein John Murray was Plaintiff, and the Petitioner Defendant; and praying, That the same may be reversed:"

It is Ordered, That the said John Murray may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Saturday the Sixth Day of March next; and that Service of this Order on the Respondent's Agent, or Writer, in the Court of Session in Scotland, be deemed good Service.

Causes put off.

Whereas Monday next is appointed, for hearing the Causes wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and John Earl of Ruglen and George Mac Lair are Respondents:

It is Ordered, That the Hearing the said Causes be adjourned to the next Day for hearing Causes; and the other Causes on Cause-days removed in Course.

Adjourn.

Petrus King Miles, Capitalis Justiciarius Communium Placitorum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 9o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Cestriens.
Epus. Oxon.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Montagu.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Newcastle.
Dux Manchester.
Dux Dorset.
March. Tweeddale.
Comes Lincoln.
Comes Warwick & Holland.
Comes Berks.
Comes Sunderland.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Uxbridge.
Comes Aylesford.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Viscount Townshend.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Arundell Tr.
Ds. Guilford.
Ds. Waldegrave.
Ds. Herbert Cher.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Lechmere.
Ds. Walpole.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Lord and Lady Effingham versus Sir J. Napier.

Whereas this Day was appointed, for hearing the Causes wherein Thomas Lord Howard of Effingham and Elizabeth Lady Effingham his Wife are Appellants, and Sir John Napier Baronet, an Infant, by his Guardian, and others, are Respondents; et è contra:

And the House being moved, "That the said Hearing may be put off for some Days, in regard the Respondents in the Original Appeal are not ready:"

Thereupon Mr. Dixon and Mr. Cheveley, the Agents on both Sides, were called in, and heard in relation thereto.

And being withdrawn:

It is Ordered, That the Hearing the said Causes be adjourned to this Day Sevennight.

King's Answer to Address about the State of National Debt.

The Lord Steward reported, "That the Lords with White Staves (according to Order) had waited on His Majesty, with the Address of this House on Thursday last, "That His Majesty would be graciously pleased to cause the proper Officers to lay before the House a State of the National Debt, provided or unprovided for by Parliament; and that His Majesty was pleased to say, He would give immediate Orders, That the Accompts desired should be laid before the House."

Papers and Proceedings proved in several Causes.

The House was informed, "That Lawrence Nowlan attended, with several Papers and Proceedings, to be made Use of on hearing the Causes wherein the Reverend Dominick Mead is Appellant, and Henry Swanton is Respondent, on the Behalf of the Appellant; and wherein Patrick Lattin and Michael Moore Esquires are Appellants, and George Robinson and others are Respondents, on Behalf of the Respondents; and wherein Christopher Chamberlaine is Appellant, and Mary White, alias Chamberlaine, is Respondent, on Behalf of the Appellant; and wherein William Vaughan Merchant is Appellant, and Robert Blake Respondent on Behalf of the Appellant; and wherein Richard Burke and Elizabeth his Wife are Appellants, and Christopher O Brien Esquire is Respondent, on Behalf of the Appellants; and desired now to prove the same to be true Copies."

He was thereupon called in; and delivered the said several Papers and Proceedings to the Clerk, at the Bar; and attested, upon Oath, "That the same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Pier Wardens of Margate, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Pier Wardens of the Town of Margate, in the County of Kent, more effectually to recover the ancient and accustomary Droits, for the Support and Maintenance of the said Pier."

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

Dux Greenwich, Senescallus.
Dux Montagu.
Dux Newcastle.
Dux Dorset.
March. Tweeddale.
Comes Lincoln.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Findlater.
Comes Ilay.
Comes Aylesford.
Comes Sussex.
Comes Macclesfield.
Vis. Tadcaster.
Vis. Harcourt.
Arch. Ebor.
Epus. Sarum.
Epus. Lincoln.
Epus. Carliol.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bristol.
Ds. Delawarr.
Ds. Compton.
Ds. Lynne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Lechmere.
Ds. Walpole.

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

Collier and Sadler's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for the Sale of the Moiety of a Farm called Stony Grainge Farm, in the Isle of Ely, to Jabez Collier Gentleman; and for applying the Money arising thereby in the Purchase of other Lands, to be settled to the same Uses."

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. Lovibond and Mr. Thurston:

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

Hawkins's Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting an Estate late of Henry Hawkins Citizen and Tallow Chandler of London, deceased, in Trustees, to be sold; and for purchasing other Lands, to the same Uses," was re-committed: "That they had further considered of the said Bill, and made several other Amendments thereunto."

Which, being read Twice, were agreed to.

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

Skrymsher, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Thomas Boothby Skrymsher Esquire and Anne 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.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for discharging certain Lands at Eccleshall, in the County of Stafford, from the Uses and Limitations contained in the Marriage Settlement of Thomas Boothby Skrymsher Esquire; and for settling other Lands in the same County, of greater Value, to the same Uses."

Wolff's Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to naturalize Jacob Wolff."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

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

Broulhet's Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Paul Broulhet."

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 the said Bill:

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

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

His Majesty's Message concerning the Masters in Chancery.

The Lord Viscount Townshend (by His Majesty's Command) acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had directed him to deliver to this House."

And the same was read, by the Lord on the Woolsack, and is as follows; (videlicet,)

"GEORGE R.

"His Majesty, having Reason to apprehend that the Suitors of the Court of Chancery were in Danger of losing a considerable Sum of Money from the Insufficiency of some of the Masters, thought Himself obliged, in Justice and Compassion to the said Suitors, to take the most speedy and proper Methods the Law would allow, for inquiring into the State of the Masters Accompts, and securing their Effects for the Benefit of the Suitors. And His Majesty, having had several Reports laid before Him, in Pursuance of the Directions He had given, has ordered the said Reports to be communicated to this House, that this House may have as full and as perfect a View of this important Affair, as the Shortness of the Time and the Circumstances and Nature of the Proceedings would admit of."

The said Lord Viscount Townshend then presented to the House Three several Reports, mentioned in the said Message.

And the Titles being read;

Ordered, That the said Reports do lie on the Table.

Report, Committee Privileges touching E Coningesby's Privilege.

The Lord Guilford (according to Order) reported from the Lords Committees for Privileges, to whom the Petition of Elizabeth Lee Widow, was referred; setting forth, "That she exhibited her Bill in Chancery, against one Hunt and others, in order to recover Money due to her Daughter; and was advised to make the Earl Coningesby a Party; who, though only a Trustee, refuses to answer;" and praying, "That this House will declare his Lordship hath no Right to any Privilege in this Case:" That the Committee, proceeding to take into Consideration the Matter to them referred, did, on the Fourteenth Day of December last, order that a Copy of the said Petition should be sent to the said Earl Coningesby; who was, by the said Order, desired to return Answer thereunto with all convenient Speed.

"That, on the Nineteenth Day of January last, Mr. Charles Baldwyn, the Petitioner's Agent, appeared before the Committee; and produced an Affidavit of Hugh Penry, in Writing, mentioned to be sworn before J. Davies, an Extraordinary Master in Chancery, the Twenty-third of December last, "That he the said Penry did, the Day before, repair to the Dwellinghouse of the said Earl, with an Intent to execute the Order of this Committee; and desiring to be admitted to his Lordship (whom his Porter owned was within), the said Porter refused the said Penry such Admittance, or to receive the said Copy; whereupon he put the same through the Bars of the Iron Gate, and went away; and, returning soon after, found the Porter gone, and the Copy not there; but taken away, as he believes."

"There was also produced before the said Committee the Probate of the Will of one Mary Rogers, recited in the Petition, constituting the said Earl Coningesby a Trustee of Two Hundred Pounds, for the Endowment of a Chapel, Part of the Sum of Five Hundred and Fifty Pounds, in the said Petition and Will mentioned.

"There was likewise produced to the Committee a Copy of the said Bill in Chancery, for the Recovery of another Sum of Two Hundred Pounds, other Part of the said Sum of Five Hundred and Fifty Pounds; whereby it is prayed, "That the said Earl may set forth what Trust, or Title, as Trustee, he has, or claims, to the said Two Hundred Pounds, or to the said Five Hundred and Fifty Pounds, or any Part thereof."

E. of Coningsby no Privilege, being only a Trustee.

"And the said Committee, upon Consideration of the whole Matter, are of Opinion, in regard the said Earl Coningesby is only a Trustee as to Two Hundred Pounds, Part of the said Five Hundred and Fifty Pounds, and has no Interest in the Residue thereof, That he has no Privilege to stay the Proceedings of the Petitioner in the Court of Chancery, for the Recovery of the Money due, as set forth in the Petition, on Account whereof her Bill in Chancery was exhibited, as aforesaid."

Which Report was read by the Clerk.

And the Opinion of the Committee, being read a Second Time, was agreed to by the House.

Raby's Pet. for a shorter Day for hearing Wekett's Appeal.

Upon reading the Petition of John Raby Esquire, Respondent to the Appeal of William Wekett Esquire and Mary his Wife; praying, in regard to the Appellant's Delays, that the Hearing the Cause, which now stands for the Eighth of March next, may be heard on a shorter Day:"

Thereupon the Agents on both Sides were called in, and heard, at the Bar, touching the said Petition.

And being withdrawn:

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

Brickford & Ux. versus Sir W. Pendarves:

The House being moved, on the Behalf of William Bickford Esquire and Damaris his Wife, Appellants in a Cause depending in this House, to which Sir William Pendarves Knight and others are Respondents, "That the said Respondents may produce the several Deeds and Writings which are in their Possession, and which, by an Order of the Court of Chancery, were produced by them at the Hearing the said Cause before the Master of the Rolls, and afterwards on an Appeal before the late Lord Chancellor, may be also produced on the Hearing in this House:"

Deeds and Writings to be produced.

It is Ordered, That the said several Deeds and Writings be produced, by the said Respondents, at the said Hearing, as desired.

Mead versus Swanton.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Reverend Dominick Mead is Appellant, and Henry Swanton is Respondent:"

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

Eyre versus Blake.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Edward Eyre Esquire is Appellant, and Thomas Blake Esquire and others are Respondents:"

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

Blakley & al. versus Leake & al.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein James Blakley and George Huish are Appellants, and John Leake, Mary Hanway Widow, and others, are Respondents:"

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

Bagenal versus Bagenal & al.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Walter Bagenal Esquire is Appellant, and Anne Bagenal, George Mathew, and others are Respondents:"

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

Adjourn.

Petrus King Miles, Capitalis Justiciarius Communium Placitorum declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, undecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.