April 1725, 11-20

DIE Martis, 13^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Corporation of Huntingdon, against the following Bill.

Upon reading the Petition of the ancient, loyal, and dutiful Borough and Corporation of Huntingdon; setting forth, "That the Amendment of a Road, proposed by a Bill now depending, to be made from Bugden to Brampton Willows, through Alconberry, to the Cross Post in Sautrey-Lane, will be very expensive, and not to be made good and passable at all Times in the Year, injurious to the Corporation and Town of Huntingdon, and prejudicial to their Estates and Properties there;" and praying, "That the same may not prevail but that the Petitioners Case may be taken into Consideration:"

Bedfordshire and Hunt. Highways, Bill.

And thereupon, the House being informed, "That the Lords Committees to whom the Bill, intituled, "An Act for repairing and amending the Road from Biggleswade, in the County of Bedford, to Bugden, and through Alconberry to the Top of Alconberry Hill, or Cross Post, leading into Sautrey-Lane, in the York and Edinburgh Road, and from the said Town of Bugden to the Town of Huntingdon, and from Cross Hall, in Eaton Sokon, in the said County of Bedford, to Great Stoughton Common, in the said County of Huntingdon," was committed, had met upon the said Bill, and gone through the same; and directed it to be reported, without any Amendment:"

It is Ordered, That the Report from the said Committee on the said Bill be received on this Day Sevennight; and that the Petitioners may be heard, by their Counsel, on their Petition; as may Counsel be heard for the said Bill, before the receiving the said Report.

Elections in London, to regulate, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government of the said City."

Then a Proviso, by Way of Rider, was offered, to be added to the said Bill:

That the Acts, Orders, and Ordinances, mentioned in the Bill to be for the future passed in Common Council, are meant to be such only as are to be passed into Bye-Laws."

And the same was read.

And it being proposed, "To read the said Rider a Second Time:"

The same was objected to.

And the Question being put, "Whether this Rider shall be read a Second Time?"

It was Resolved in the Negative.

Motion for a Question to be put to the Judges concerning it:

Then it was proposed, "To ask the Opinion of the Judges, Whether this Bill does repeal any of the Prescriptions, Privileges, Customs, or Liberties, of the City of London, restored to them, or preserved, by the Act passed in the Second Year of King William and Queen Mary, for reversing the Judgement in a Quo Warranto against the City of London, and for restoring the said City to its ancient Rights and Privileges?"

Which being objected to;

And Debate thereupon:

The Question was put, "Whether the Judges shall deliver their Opinions upon the said proposed Question?"

It was Resolved in the Negative.

Protest against rejecting it:

"Dissentient.

"Because, it being Enacted and Declared, by the Act mentioned in the Question, That the Mayor, Commonalty, and Citizens of London, shall, for ever hereafter, remain, continue, and be, and prescribed to be, a Body Corporate, in Re, Facto, & Nomine, by the Name of Mayor and Commonalty, and Citizens, of the City of London; and shall (as by Law they ought) peaceably enjoy all and every their Rights, Gifts, Charters, Grants, Liberties, Privileges, Franchises, Customs, Usages, Constitutions, Prescriptions, Immunities, Markets, Duties, Tolls, Lands, Tenements, Estates, and Hereditaments whatsoever, which they had, or had a Right, Title, or Interest, in or to, at the Time of giving the said Judgement; and we being apprehensive that the Alterations made by this Bill in the Constitution of the Common Council, and other ancient Rights, Franchises, and Prescriptions of the City, may utterly abolish the ancient legal Title of the City, to their Rights, Franchises, Prescriptions, and Constitutions, in the Particulars contained in the said Bill, and may, in Consequence thereof, work a total Change of the whole ancient Constitution of the Corporation of the said City, or greatly confound or prejudice the same, which has stood for so many Ages upon the Foundation of its ancient Title, Rights, and Prescriptions, confirmed by many Grants made by His Majesty's Royal Progenitors and by many Acts of Parliament, all which were restored so soon after the happy and glorious Revolution, and which have been peaceably enjoyed to the present Time; we are of Opinion, That the Solution of the said Question by the Judges must have tended greatly to the necessary Information of the House, and to their better Judgement, upon a Bill of so great Importance as well as to the Satisfaction and Quiet of the Citizens of London, who, so far as we can collect from the Petitions against the Bill, are greatly alarmed at the Consequence thereof: And we are of Opinion, That it was the more necessary, and more consistent with the Wisdom of this House, to be informed of the Law by the Judges, upon the Question proposed; because we don't find in this Bill any Saving or Confirmation of any of the ancient Titles, Rights, Prescriptions, Privileges, or Franchises, of the said City, restored to them by the former Law.

"2. We think the Question ought to have been proposed to the Judges, the rather because the Opinions of several Counsel were admitted to be read, at the Bar of the Committee of the whole House, in Favour of the Bill.

"Bathurst.
Strafford.
Gower.
Lechmere.
Bristol.
Litchfield.
Wharton.
Coventry.
Montjoy.
Abingdon.
Arundell.
Bingley.
Bruce.
Foley.
Fran. Cestriens.
Sr. John of Bletsoe."

Then, after long Debate;

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

It was Resolved in the Affirmative.

Protests against the Bill:

"Dissentient.

Lechmere.

Warrington.

"1. Because we apprehend that the Penalty of Two Hundred Pounds upon the Officer presiding at Wardmote Elections, as well as at Elections even for Members of Parliament, is so small, that it may be construed into an Indemnification, and be looked upon rather as an Encouragement, than a Restraint, by a wealthy, partial, and arbitrary Officer; at least, we are of Opinion; that such a one will not be sufficiently deterred by it from returning such Candidates as he likes, rather than such as the City chuses; and, if ever that melancholy Case should happen, we fear, neither the Candidates nor Voters will be able to find an effectual Method of doing Justice, for so flagrant an Injury, either to themselves or to the Nation.

"2dly, Because we cannot but think, from the Evidence given at the Bar, that this Bill will take away from many Citizens their Right of voting in Wardmote Elections, by giving an Exclusion to all those that inhabit Houses under Ten Pounds a Year, even though they pay all Parish Duties, or Thirty Shillings in Lieu of them; which we conceive an unjustisiable Hardship upon those who may have long enjoyed that Right, and have had no Crime objected to them, much less proved; as we think it ought to be, before they can justly be deprived of it.

"3. Because, by this Bill, no Act is to pass in Common Council for the future (except what relates to the Nomination of some few Officers), without the Assent of the major Part of the Mayor and Aldermen present in such Common Council; which we conceive will give too great an Addition of Power to the Mayor and Aldermen, who have already many and large Prerogatives incontestably allowed them by the Commonalty of the City: And though the Counsel for the Bill insisted that the Mayor and Aldermen had anciently that Right which this Bill establishes; yet the Proof of that Right appeared to us so remote and obscure, that we own ourselves too short-sighted to discern it; and, on the other Side, it appeared plain to us, that, even from the Time of incorporating the City to this present Time, such a Claim has very seldom been made, and that it has never been acknowledged; and therefore we conceive, if there be any Foundation for such a Right (which we are far from thinking there is), the Dispute should be decided first in the inferior Courts of Justice, and rather determined in the House of Lords, upon an Appeal, than ended by an Act of Parliament; which seems to us such a Method of determining Controversies of this Nature, as may prove of the most dangerous Consequence to the Rights and Properties of all the Subjects of Great Britain.

"4. Because this Bill abolishes the Custom relating to the Distribution of the Personal Estates of Free Citizens; which is a Custom not only of great Antiquity, but seems to us to be wisely calculated for the Benefit of a Trading City, and has been acquiesced under for so many Years, without the least Complaint of any One Free Citizen that we ever heard of, that the taking it away in this Manner cannot but appear to us too rash and precipitate; and may, too proba bly, in our Opinion, be very detrimental to the true Interest of this ancient, populous, loyal, and hitherto flourishing City; the Preservation of whose good Order and Government the Bill itself, very justly and judiciously, allows to be of the greatest Consequence to the whole Kingdom.

"Scarsdale.
Bruce.
Wharton.
Exeter.
Craven.
Bristol.
Strafford.
Fran. Cestriens.
Weston.
Arundell.
St. John of Bletsoe.
Boyle.
Bathurst.
Montjoy.
Abingdon.
Litchfield.
Bingley.
Gower.
Compton.
Foley.
Uxbridge.
Berkeley of Stratton."

"For the foregoing Reasons, and these that follow; (videlicet,)

"1st, Because we are of Opinion, that the several great Alterations made by this Bill in the ancient Constitution of the Common Council, and other the Rights, Franchises, and Prescriptions, of the City of London, will, if passed into a Law, entirely subvert and destroy the ancient Title which the City at this Time lawfully claims and has thereto; and will introduce and enact a new Constitution upon the City, hereafter to be claimed and enjoyed, not upon the Foundation of their ancient Title, but of this Act of Parliament; which must, as we conceive, in all future Times, whenever the City of London may have Occasion to assert or defend their ancient Title and Franchises, bring them under insuperable Difficulties, and may be followed with dangerous Consequences concerning the very Being and Constitution of the Corporation, many of which it is impossible to foresee or enumerate.

"2dly, We are of Opinion, that the new Constitution of the Common Council, enacted by this Bill, whereby a Negative is declared and given to the Mayor and Aldermen, not only in the making of Bye Laws for the Government of the City, but in other Acts concerning the Issuing and Disposal of the Treasure of the City, and also of the Seal of the City; whereby their Lands and other Estates are subjected to the said Negative, and in all other Acts and Powers at this Time, as we conceive, belonging to the Common Council, excepting only the Appointment of some few Officers mentioned in the Bill, is a dangerous Innovation upon the City, unsupported by any Evidence, offered at the Bar, of the ancient Constitution; and though in late Times mentioned to be claimed, yet contrary, as we conceive, to a clear, uninterrupted, and convincing Proof of the Exercise of the Powers and Authorities of the Common Council, in all Ages, to the 29th of January 1723: And, we conceive, the Alteration made by the Bill in this respect to be the more unwarrantable, because the written Evidence, offered to support the Claim of a Negative by the Mayor and Aldermen, was either conceived in general Terms, unapplicable to that Claim, and not maintained by subsequent Practice, or was drawn from Proceedings in Times of Trouble and Confusion.

"3dly, We are of Opinion, that the extraordinary Power, given by this Bill to the Mayor and Aldermen, will vest in them new and exorbitant Authorities over all the Citizens, their Rights, Liberties, and Franchises of all Kinds, inconsistent with that Balance of Power in the City by which the same have been preserved; and in the future Exercise thereof must, as we conceive, lay the Foundation of constant and lasting Disputes, Divisions, and Distractions, in the City of London.

"4thly, We think this Bill is the more dangerous, because it creates a new Constitution, in several Particulars contained in it, not framed upon the ancient Rights proved, or pretended to, or disputed, on either Side; but is a new Model, without due Regard to the antecedent Rights, as claimed by either Side; and will deprive a great Number of Citizens of their ancient Rights and Franchises, in Elections and otherwise, without leaving them any Opportunity of asserting the same by due Course of Law; and is a Precedent of the most dangerous Consequence to all the Cities and Corporations of this Kingdom.

"5thly, We are of Opinion, that the Abolition of the ancient Custom of the City, touching the Personal Estates of Freemen, is a dangerous Innovation, tending to let in to the Government of the City Persons unexperienced and unpractised in the laudable and beneficial Trade of the City and Kingdom, and unfit for the Magistracy of the City, and may thereby introduce improper and pernicious Influences over the Citizens; and we think that the Strength, Riches, Power, and Safety, of the City of London have been hitherto, in a great Measure, supported by this and other Customs of the City, as the Walls thereof; and we fear that the Decay of Trade, and with that of the Grandeur of the City of London, and the Diminution and Loss of the great Excises and Duties arising from the Trade of the City, on which the Support of His Majesty's Government so much depends, may be the Consequence of the Abolition of this ancient Custom and Privilege of the Freemen of the City of London.

"6thly, Because we are of Opinion, that the Petition of the many Thousand Freemen of the City, against this Bill, ought to be a far greater Weight against this Bill, than the Petition of Fifteen Aldermen for it; and that the Confusion which may arise from this Bill, if passed into a Law, may tend greatly to the future Disturbance of His Majesty's wise and gentle Government.

"Wharton.
Strafford.
Coventry.

Message to H. C. with Amendments to the Bill.

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

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

Co. Dowager of Denbigh versus Fotterell.

Upon reading the Petition and Appeal of the Right Honourable Hester Countess Dowager of Denbigh and Desmond; complaining of an Order of the Court of Chancery in Ireland, made the Eighth Day of February last, in a Cause wherein the Petitioner was Plaintiff, and Thomas Fotterell Defendant; and praying, "That the same may be set aside; and that the Sum of One Hundred and Twenty-three Pounds, with Interest and Costs, may be decreed to her:"

It is Ordered, That the said Thomas Fotterell 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 Tuesday the Eighteenth Day of May next.

Shelterers from Debt, in Wapping, &c. Bill.

Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act to prevent Violences and Outrages being committed by any Persons, under Pretence of sheltering themselves from Debt, or any Process of Law, within the Hamlet of Wapping, Stepney, or elsewhere within the Weekly Bills of Mortality:"

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

Insolvent Debtors, Bill.

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

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

Adjourn.

Petrus King Miles, Capitalis Justiciarius Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad & in diem (fn. 1) Mercurii, decimum quartum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 14^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Messages from H. C. with Bills; and to return Litherland's Bill;

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

To return the Bill, intituled, "An Act to enable certain Trustees therein named to make a Conveyance of Lands in Thringston, in the County of Leicester, in Pursuance of Articles of Agreement entered into for that Purpose;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

and Westhaughton Common to enclose, Bill.

Also, a Message was brought from the House of Commons, by Mr. Robert Lloyd and others.

To return the Bill, intituled, "An Act to enclose divers Parcels of Waste Ground, lying and being in Westhaughton, in the County of Lancaster;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Likewise, a Message was brought from the House of Commons, by Sir William Strickland and others:

With a Bill, intituled, "An Act for the better regulating the Manufacture of Cloth, in the West Riding of the County of York;" to which they desire the Concurrence of this House.

As also, a Message was brought from the House of Commons, by Sir Gilbert Elliot and others:

With a Bill, intituled, "An Act for naturalizing Roger Harenc;" to which they desire the Concurrence of this House.

Ellison versus Stewart.

Upon reading the Petition and Appeal of Nathan Ellison of the City of Dublin Merchant; complaining of several Orders of the Court of Chancery in Ireland, made the Sixth of July, the Twenty-eighth of November, 1723, the Nineteenth of November and Eleventh of March last, and from all the Orders made in the said Court, after the obtaining a Verdict, in a Cause wherein William Stewart was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed, with Costs:"

It is Ordered, That the said William Stewart 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 Wednesday the Nineteenth Day of May next; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery in Ireland be deemed good Service.

Fitz Gerald to attend, with a Lease, on hearing O'Hara's Appeal.

Upon reading the Petition of Tully O Neile Gentleman, Respondent to the Appeal of Charles O Hara Esquire; praying, "That John Fitz Gerald of the City of London Merchant may attend, with a Lease, now in his Custody, relating to this Cause, at the Hearing the same:"

It is Ordered, That the said John Fitz Gerald do attend this House, with the said Lease, at the said Hearing, as desired.

River Nine navigable, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for making more effectual an Act passed in the Parliament holden in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable."

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 made One Amendment thereunto; which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be now received.

Accordingly his Lordship reported the said Amendment.

Which, being read Twice, was agreed to; and is as follows:

"Provided, That nothing in this or the said former Act contained shall extend, or be construed to extend, to give Power to the said Commissioners or Undertakers to prejudice the Water-works erected at Nun Mills, upon the said River, for supplying of the Town of Northampton with Water, unless the said Navigation cannot be perfected, or carried on to Northampton, without doing some Prejudice to the said Works; and, in such Case, not without making full and ample Satisfaction to the Proprietor or Proprietors of the said Water-works, for all such Prejudice and Damage as such Proprietor or Proprietors shall sustain thereby; which Damage or Prejudice is to be determined and adjusted by the Commissioners, in such Manner as by the said former Act is provided for the Satisfaction of other Proprietors of Mills or Lands that shall be prejudiced by the said Navigation."

Instruction to the Committee to view The Parliament-office, to inspect some scattering Records.

Ordered, That it be an Instruction to the Lords Committees appointed to view The Parliament Office, with respect to what Conveniences are therein, for the placing and safe keeping of the Records, Papers, and Writings, there deposited; and also to view the House belonging to the said Office, called The King's House, with relation to the Repairs thereof, and the Condition the same is now in; That they do inspect certain Records, now lying in a Room or Rooms near adjoining to this House in great Disorder; and report what they find proper on this Occasion.

York Buildings Company versus Haldane:

After hearing Counsel, upon 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, made the Twenty-ninth of December and Sixteenth of January last, in a Cause wherein Mr. John Haldane was Plaintiff, and the Appellants were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said John Haldane put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

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 Interlocutors therein complained of be, and are hereby, affirmed.

Yorkshire Cloth, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better regulating the Manufacture of Cloth, in the West Riding of the County of York."

O'Hara versus Sir R. Adair.

Upon reading the Petition and Appeal of Charles O Hara Esquire; complaining of certain Decrees of the Court of Chancery in Ireland, made the Eighth of June and Fifth of December last, and several other Proceedings, in a Cause wherein Sir Robert Adaire Knight was Plaintiff, and the Petitioner Defendant, & è contra; and praying, "That the same may be reversed, and Sir Robert Adaire's Bill dismissed:"

And it appearing that the last mentioned Decree was not entered till the Ninth of March last:

It is Ordered, That the said Sir Robert Adaire 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 Wednesday the Nineteenth Day of May next; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery in Ireland be deemed good Service.

Harenc's Nat. Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Roger Harenc."

Neusville to be added to Nat. Bill.

Upon reading the Petition of Mathew De Neufville; praying to be added to the Bill, intituled, "An Act for naturalizing Roger Harenc:"

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

Brown & al. versus Gibbins.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Henry Brown and others are Appellants, and Richard Gibbins is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday the First Day of May next.

Cole to enter into a Recognizance for Berry.

The House being moved, "That Thomas Cole Gentleman may be permitted to enter into a Recognizance for William Berry Esquire, on account of his Appeal depending in this House, to which Edward Hunt Esquire is Respondent; the Appellant residing in Ireland:"

It is Ordered, That the said Thomas Cole may enter into a Recognizance for the said Appellant, as desired.

Adjourn.

Petrus King Miles, Capitalis Justiciarius Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum quintum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 15^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Neufville takes the Oaths, to be naturalized.

Mathew De Neufville took the Oaths appointed, in order to his Naturalization.

Corporation of Huntingdon, their Petition against the following Bill withdrawn.

Ordered, That the Petition of the ancient, loyal, and dutiful Borough and Corporation of Huntingdon, presented to the House on Tuesday last; praying, "That the Amendment of a Road proposed, by a Bill now depending, to be made from Bugden, by Brampton Willows, through Alconberry, to the Cross Posts in Sautry-Lane, may not prevail," be withdrawn, the Petitioners desiring the same: And also, That the whole Order made on reading the said Petition be, and is hereby, discharged.

Bedfordshire and Hunt. Roads Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and amending the Road from Biggleswade, in the County of Bedford, to Bugden, and through Alconberry to the Top of Alconberry Hill, or Cross Posts leading into Sautry-Lane, in the York and Edinburgh Road; and from the Town of Bugden to Huntingdon, and from Cross Hall, in Eaton Sokon, in the said County of Bedford, to Great Stoughton Common, in the said County of Huntingdon," was committed: That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

River Nine navigable, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Parliament holden in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it.

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

To acquaint them, that the Lords have agreed to the said Bill, with One Amendment; whereunto they desire their Concurrence.

Duff and Leslie versus E. of Buchans.

After hearing Counsel, upon the Petition and Appeal of William Duff of Braco Esquire, and Lesslie of Melross, and others; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Eighth and Twenty-eighth of January, and Fourth of February 1723/4, the Twenty-third of June and Twenty-eighth of November 1724, and the Fifth and Fifteenth of January last, in a Cause wherein David Earl of Buchan was Plaintiff, and the Appellants and others were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said David Earl of Buchan put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors reversed, with a Direction.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Interlocutory Sentences complained of in the said Appeal be, and the same are hereby, reversed: And it is further Ordered, That the said Lords of Session, in the further Progress of this Cause, do not oblige the Appellants to take a Term for Production, until the Respondent, the Pursuer below, shall have made out his Title upon which he founds his Suit.

Yorkshire Cloth, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better regulating the Manufacture of Cloth, in the West Riding of the County of York."

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 Wednesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Harenc's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Roger Harenc."

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

To meet on the same Day, at the same Place:

And that the Petition of Mathew De Neufville, praying to be added to the said Bill, which was Yesterday ordered to lie on the Table till the Second Reading of the said Bill, be referred to the said Committee.

Ly. Holford's Charity Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act to vest the Real Estate of Dame Elizabeth Holford, deceased, in the Parish of St. Olave's HartStreet, London, in Christopher Appleby Gentleman and his Heirs, for the better enabling him to sell the same, towards the Discharge of the charitable and other Legacies given by her Will," was committed: That the Committee had gone through the said Bill, and made some Amendments thereunto."

Which, being read Twice, were agreed to.

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

Adjourn.

Petrus King Miles, Capitalis Justiciarius Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, decimum sextum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 16^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Bedfordshire and Hunt. Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and amending the Road from Biggleswade, in the County of Bedford, to Bugden, and through Alconberry to the Top of Alconberry Hill, or Cross Posts leading into Sautery-Lane, on the York and Edinburgh Road; and from the said Town of Bugden to the Town of Huntingdon, and from Cross Hall, in Eaton Sokon, in the said County of Bedford, to Great Stoughton Common, in the said County of Huntingdon."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

Bland to enter into Recognizance for O'Hara.

The House being moved, "That John Bland Gentleman may be permitted to enter into a Recognizance for Charles O Hara Esquire, on account of his Appeal depending in this House, to which Sir Robert Adaire Knight is Respondent; the Appellant being in Ireland:

It is Ordered, That the said John Bland may enter into a Recognizance for the said Appellant, as desired.

Chamberlain versus White:

After hearing Counsel, upon the Petition and Appeal of Christopher Chamberlain Gentleman; complaining of certain Orders and Proceedings of the Court of Chancery in Ireland, since the Order and Judgement of this House of the Twenty-sixth of April 1721, and particularly the Orders of the Sixth of February 1721, the Eighteenth of February, Twenty-first of June, and Twelfth of March, 1723, in a Cause wherein Mary White alias Chamberlain was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said Mary White put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Orders and Decrees reversed; and Appellant to be discharged from his Imprisonment, without Fees.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That that Part of the Order of the Court of Chancery in Ireland, of the Sixth of February 1721, which decrees the Appellant to pay Costs to the Respondent, and all the other subsequent Orders and Decrees of the same Court complained of, or appealed from, be, and are hereby, reversed: And it is further Ordered, That the said Court of Chancery do forthwith cause the Appellant to be discharged from the Imprisonment he is under by Order of the same Court, without Payment of Fees.

Ly. Holford's Charity Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to vest the Real Estate of Dame Elizabeth Holford Widow, deceased, in the Parish of St. Olave's Hart-Street, London, in Christopher Appleby Gentleman and his Heirs, for the better enabling him to sell the same, towards the Discharge of the charitable and other Legacies given by her Will."

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. Thurston:

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

Messages from thence, with a Bill; and to return the D. of Bedford's Bill; Hester's Bill; and Widdrington's Bill.

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

To return the Bill, intituled, "An Act for settling the Estates of the most Noble Wriothesly Duke of Bedford, on his Marriage with the Right Honourable the Lady Anne Egerton, Daughter of the most Noble Scroop Duke of Bridgewater;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

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

To return the Bill, intituled, "An Act for confirming and rendering effectual an Agreement made between Anne Hester Widow, Wm. Hester, and Anne Hester the Younger; and for vesting in Trustees certain Messuages and Tenements, in the Parish of St. Olave in Southwark, in the County of Surrey, to enable them to convey the same, pursuant to Articles of Agreement made for Sale thereof, and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

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

With a Bill, intituled, "An Act for redeeming the Annuities of Twenty-five Thousand Pounds per Ann. charged on the Civil List Revenues by an Act of the Seventh Year of His Majesty's Reign; and for discharging the Debts and Arrears due from His Majesty to His Servants, Tradesmen, and others;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for vesting Part of the Estate of Ralph Widdrington Esquire in Trustees, to be sold, for Payment of the Debts of the said Ralph Widdrington;" and to acquaint this House, that they have agreed to the same, with some Amendments, to which they desire the Concurrence of this House.

Civil List Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for redeeming the Annuities of Twenty-five Thousand Pounds per Ann. charged on the Civil List Revenues by an Act of the Seventh Year of His Majesty's Reign; and for discharging the Debts and Arrears due from His Majesty to His Servants, Tradesmen, and others."

Ordered, That the said Bill be read a Second Time To-morrow Morning, the First Business.

Motion for an Address for an Accompt of Monies paid without Accompt:

Then, a Motion was made, "That an humble Address be presented to His Majesty, That He will be graciously pleased to give Directions, that the proper Officer or Officers of the Exchequer, Excise, Customs, and Post-office, do lay before this House an Accompt of all Monies which have been issued and paid, out of the said Offices, to any Person or Persons, on Accompt, for the Privy Purse, Secret Service, Pensions, Bounties, or any Sum or Sums of Money, to any Person or Persons whatsoever, without Accompt, from the Twenty-fifth Day of March One Thousand Seven Hundred Twenty-one, to the Twenty-fifth Day of March One Thousand Seven Hundred Twenty-five."

Which being objected to:

After Debate;

The Question was put, "Whether such an Address shall be presented to His Majesty?"

It was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

"Lechmere.
Strafford.
Fran. Cestriens.
Warrington.
Bathurst.

Shelterers for Debt, in Wapping, &c. Bill.

Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act to prevent Violences and Outrages being committed by any Persons, under Pretence of sheltering themselves from Debt, or any Process of Law, within the Hamlet of Wapping, Stepney, or elsewhere within the Weekly Bills of Mortality:"

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

Insolvent Debtors, Bill.

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

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

Adjourn.

Petrus King Miles, Capitalis Justiciarius Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, decimum septimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 17^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Civil List Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for redeeming the Annuities of Twenty-five Thousand Pounds per Annum, charged on the Civil List Revenues by an Act of the Seventh Year of His Majesty's Reign; and for discharging the Debts and Arrears due from His Majesty to His Servants, Tradesmen, and others."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure and put into a Committee on the said Bill.

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 said Bill; and directed him to report the same to the House, without any Amendment."

O Hara versus O Neile,

After hearing Counsel, upon the Petition and Appeal of Charles O Hara Esquire; complaining, not only of the several Orders of the Court of Chancery in Ireland, of the Twenty-seventh of August, the Seventeenth of September, and Eighth of October 1719, and the Attachment awarded by the said Court against the Appellant, and the subsequent Orders affirming the same; but also of the Master's Report, and the several Orders of the Twenty-sixth of February 1718, the Eighteenth of April 1719, and the Decree of the Eighth of May following; as likewise all other Proceedings had in the Cause, since the Twenty-fifth of June 1718, whereby the Order and Judgement of this House of the Twelfth of February 1717, upon hearing a former Appeal of the now Appellant, was made an Order of the said Court of Chancery; and praying, "That the said Order and Judgement of this House may be enforced; and that the Bill exhibited by Tully O Neile the Respondent may be dismissed, with Costs, he not having complied with the Terms thereof; and that the Appellant may be put into Possession and Receipt of the Rents of the Lands in the Pleadings mentioned; and that the Orders and Proceedings appealed from may be reversed, and such Order and Decree made for the Appellant's Relief, as to this House shall seem meet:" As also upon the Answer of the said Tully O Neile put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Master's Report, and the said Order of the Court of Chancery of the Twenty-sixth of February 1718, confirming the same, be confirmed; saving and except, that the Master shall review his Report, in Relation to the Value of the Exchange of the Purchase-money paid by the Appellant to the Lord Conway; and see whether he hath allowed unto the Appellant the full Value of the Exchange, as it stood at the Time of the said Payment; and if he hath not so done, to do it; and shall also review the Taxation of Costs to the Respondent, and allow what is reasonable and just: And it is further Ordered and Adjudged, That all the Orders and Decrees of the said Court of Chancery, subsequent to the said Order of the 26th of February 1718, be, and the same are hereby, set aside and reversed; and particularly the said Order of Attachment against the Appellant is hereby discharged; and the said Court of Chancery is forthwith to cause the Appellant to be discharged from his Commitment on the said Attachment, without Payment of any Fees: And it is hereby further Ordered, That the said Court of Chancery do direct the Master to approve of the Draught of an Assignment to be made by the Appellant to the Respondent, pursuant to the Order and Judgement of this House aforementioned; and, also to approve of the Security to be given by the Respondent to the Appellant for his Indemnity; and, after the Approbation of such Assignment and Security by the said Court, to appoint a Place and Time, not exceeding Three Months, for the executing such Assignment, and giving such Security; and the Master is to carry on the Interest due to the Appellant, from the Time to which it was last computed, home to the Time of the executing such Assignment; and out of the Principal Money and Interest that shall be so computed due to the Appellant, the Costs decreed to the Respondent are to be deducted; and that, on the Respondent's Payment to the Appellant what shall be so due to him after such Deduction, and giving such Security for Indemnity as aforesaid, the Appellant is to execute the said Assignment to the Respondent; and that the said Court of Chancery do give proper Directions, in Pursuance of this Judgement, as shall be just.

Messages from H C. with a Bill; and to return the River Nine Bill.

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

With a Bill, intituled, "An Act for more effectual disarming the Highlands in that Part of Great Britain called Scotland; and for the better securing the Peace and Quiet of that Part of the Kingdom;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for making more effectual an Act passed in the Parliament holden in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

Final Report of Commissioners of forfeited Estates in Scotland, delivered.

The House being informed, "That Mr. Wolfe, Secretary to the Commissioners and Trustees for the forfeited Estates who acted in Scotland, attended;"

He was called in; and delivered, at the Bar, the final Report of the said Commissioners.

And then he withdrew.

And the Title of the said Report was read.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 19^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Civil List Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for redeeming the Annuities of Twenty-five Thousand Pounds per Annum, charged on the Civil List Revenues by an Act of the Seventh Year of His Majesty's Reign; and for discharging the Debts and Arrears due from. His Majesty to His Servants, Tradesmen, and others."

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

It was Resolved in the Affirmative.

Protest against it:

"Dissentient.

"Because this Bill is to raise a great Sum of Money, which will, as we apprehend, become a Burthen upon the Public, and increase that immense Load of Debt which is already above Fifty Millions, and therefore, in our Opinion, requires the utmost Application to diminish it, and cannot but give us the most melancholy Prospect, whenever, especially in a Time of Peace and Tranquillity, we find any Addition is made to it: And since His Majesty's Revenue, when first settled, was thought sufficient by the Parliament, to answer all the necessary Expences of His Civil Government, and is larger, as we conceive, than that of His Predecessors; and since that Revenue has once already, and not long ago, received an Aid of the like Sum; we think we were fully justified in expecting an Account of the Reasons of contracting so great a Debt; and because that was refused to be laid before us, we are of Opinion, we cannot discharge our Duty to our Country, if we should thus, uninformed, and in the Dark, give our Consent to this Bill, which, being the Second of this Kind within a short Compass of Time, we apprehend may prove of the more pernicious Example.

"Strafford.
Boyle.
Foley.
Bruce."

Message to H. C. that the Lords have agreed to the Bill.

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

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

Disarming the Highlands in Scotland, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for more effectual disarming the Highlands in that Part of Great Britain called Scotland; and for the better securing the Peace and Quiet of that Part of the Kingdom."

Ordered, That the said Bill be read a Second Time on Thursday next.

Widdington's Bill:

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for vesting Part of the Estate of Ralph Widdrington Esquire in Trustees, to be sold, for Payment of the Debts of the said Ralph Widdrington."

And the same, being read Thrice by the Clerk, were agreed to by the House, and are as follow:

"Pr. 4. L. 23. Leave out from ["hath"] to ["since"], in Line 25th."

"Pr. 6. L. 35. After ["annexed"], insert ["and, after Payment of the said Debts, the Estate of the said Ralph Widdrington shall be discharged of and from the same"].

"L. 45. After ["discharged"], insert ["and the Estate of the said Ralph Widdrington is also hereby discharged of and from the said several Sums of One Thousand Three Hundred Pounds, and the said Four Hundred Pounds, mentioned to have been secured by the said Mortgage to, or in Trust for, the said John Hebdon"].

Message to H. C. that the Lords have agreed to their Amendments to it.

And a Message was sent to the House of Commons, by Mr. Lovibond and Mr. Bennet Senior, to acquaint them therewith.

Mr. Cooper's, Register of Chancery in Ireland, Petition, concerning Edgworth's Complaint.

Upon reading the Petition of William Cooper Deputy Register of the Chancery of Ireland; setting forth, That, by Order of this House of the Tenth of March last, it being directed, that, at the Time of hearing the Appeal of Edward Edgworth Esquire, to which Mead Swift is Respondent, Cause should be shewn by the Register of the said Court, why the Costs occasioned by the Refusal of Minutes taken on Motions there should not be paid the said Edgworth; that the Petitioner is, at a great Expence, come from Ireland, in order to acquit himself of the Charges against him in the said Edgworth's Petition;" and praying, "In regard no Day is yet appointed for hearing the said Cause, that a short Day may be appointed, for hearing the Appellant's Matter of Complaint against the Petitioner:"

And thereupon the Petitioner being called in; and examined upon Oath, touching the Allegations of the said Petition;

And being withdrawn:

It is Ordered, That the said Edward Edgworth may have a Copy of the said Petition; and that, on Wednesday next, the First Business, this House will take the said Petition into further Consideration, and hear the Matter of the said Complaint at the Bar.

Edgworth versus Swift:

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Edward Edgworth Esquire is Appellant, and Mead Swift is Respondent:"

Hearing appointed.

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

Messages from H. C. with a Bill; and to return Sir John Trelawney's Bill, and the following ones.

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

To return the Bill, intituled, "An Act for vesting in Trustees certain Manors, Lands, and Tenements, in the County of Cornwal, late the Estate of Sir Jonathan Trelawney Baronet (late Lord Bishop of Winchester), deceased, to be sold, for discharging certain Mortgages by him made thereof, and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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

With a Bill, intituled, "An Act for enlarging the Term granted by an Act passed in the Fifth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for repairing the Highways between Sheppards Shord and The Devizes, and between the Top of Ashlington Hill and Rowdford, in the County of Wilts; and for explaining the said Act, and making the same more effectual and extensive;" to which they desire the Concurrence of this House.

Sheffield Hospital, Bill:

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

To return the Bill, intituled, "An Act for vesting in Trustees several Lands, Tenements, and Hereditaments, in the Counties of York and Derby, for the Maintenance of the poor Persons in the Hospital of Gilbert Earl of Shrewsbury, long since deceased, situate at Sheffield, in the said County of York; and for enlarging the Buildings of the said Hospital, and adding more poor Persons to those already established therein;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

D. Kent's Bill:

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

To return the Bill, intituled, "An Act for vesting the Estates of the most Noble Henry Duke of Kent, in the Counties of Hereford, Monmouth, and Gloucester, in the said Duke and his Heirs; and for settling his other Estates, in the Counties of Essex, Suffolk, Bedford, Hertford, Northampton, and Leicester, in Lieu thereof;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

and Sheldon's Bill:

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

To return the Bill, intituled, "An Act for the Sale of the Manors of Middle Ditchford alias (fn. 2) Freemans Ditchford, Guys Ditchford alias Overs Ditchford, and other Lands therein mentioned, in the County of Worcester, for Payment of the Debts of Gilbert Shelden Esquire, deceased, and for making Provision for his Widow, his Children, and Grand-children; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

E. of Sutherland and Captain Ross versus Dunbar & al.

After hearing Counsel, upon the Petition and Appeal of John Earl of Sutherland, and Captain David Ross of Daan, Tenant of the Lands of Skelbo; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Twenty-second of December 1721, the Third, Seventh, Twenty-first, Twenty-fifth, and Twenty-seventh of July, the Fifth and Twenty-sixth of December, 1722, the Twenty-first of February, Eighth of March, Twentieth of November, Fourth and Twelfth of December 1723, the Sixth of June and Seventh of July last, made on the Behalf of Mr. Archibald Dunbar, Mr. James Blackwood, and Sir Thomas Calder Baronet; and praying, "That the same may be reversed:" As also upon the Answer of the said Archibald Dunbar and Sir Thomas Calder put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors 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 several Interlocutory Sentences, or Decrees, therein complained of, be, and the same are hereby, affirmed.

Maxwell versus Houstoun et è contra.

Whereas To-morrow is appointed, for hearing the Cause wherein Sir Alexander Maxwell Baronet is Appellant, and Andrew Houston Esquire is Respondent, et è contra:

Causes on Byedays put off.

It is Ordered, That the Hearing the said Causes be adjourned to Thursday next; and that the other Causes appointed to be heard on Bye-Days be removed in Course.

Adjourn.

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

DIE Martis, 20^o Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

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

Messages from H. C. to return the Bill for regulating Elections in London;

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

To return the Bill, intituled, "An Act for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government, of the said City;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

and Wilkinson a Bill.

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

To return the Bill, intituled, "An Act to enable James Wilkinson, and Trustees, to make Leases for One, Two, or Three Lives, or for Years, determinable on One, Two, or Three Lives, or a certain Number of Years, of the Lands, Tenements, and Hereditaments, in Ireland, comprized in his Marriage Settlement;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Sheffield Hospital Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for vesting in Trustees several Lands, Tenements, and Hereditaments, in the Counties of York and Derby, for the Maintenance of the poor Persons in the Hospital of Gilbert Earl of Shrewsbury, long since deceased, situate at Sheffield, in the said County of York; and for enlarging the Buildings of the said Hospital, and adding more poor Persons to those already established therein."

Which were read Thrice by the Clerk, and agreed to by the House; and are as follow:

"Pr. 7. Line 19. leave out ["and"].

"Line 20. After ["Gentleman"], infert ["Wardall George Westby of Ranfield in the said County of York Esquire, Robert Chappell of Attercliffe in the Parish of Sheffield aforesaid Esquire, Samuel Staniford of Darnall in the Parish of Sheffield aforesaid, and John Fenton of Little Sheffield in the said Parish of Sheffield, Gentlemen"].

"Pr. 7. Line 22. Leave out ["and"]; and after ["Batty"] insert ["Wardall George Westby, Robert Chappell, Samuel Stamford, and John Fenton"].

"Line 28. Leave out ["and"]; and after ["Batty"] insert ["Wardall George Westby, Robert Chappell, Samuel Staniford, and John Fenton"].

"Line 32. Leave out ["and"]; and after ["Batty"] insert ["Wardall George Westby, Robert Chappell, Samuel Staniford, and John Fenton"].

"Pr. 8. Line 42. Leave out ["and"]; and after ["Batty"] insert Wardall George Westby, Robert Chappell, Samuel Staniford, and John Fenton"].

"Pr. 10. Line 40. Leave out ["and"]; and after ["Batty"] insert ["Wardall George Westby, Robert Chappell, Samuel Staniford, and John Fenton"]."

And a Message was sent to the House of Commons, by Mr. Lightboun and Mr. Edwards, to acquaint them therewith.

Shelterers from Debt in Wapping, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prevent Violences and Outrages being committed by any Persons, under Pretence of sheltering themselves from Debt, or any Process of Law, within the Hamlet of Wapping, Stepney, or elsewhere within the Weekly Bills of Mortality."

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

And the Earl of Yarmouth reported from the said Committee, "That they had gone through the said Bill, and made some Amendments thereunto; which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow Morning.

Insolvent Debtors Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for Relief of Insolvent Debtors."

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

And the Earl of Yarmouth reported from the said Committee, "That they had gone through the said Bill; and made some Amendments thereunto; which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow Morning.

Sir John Lear & al. Petition, referred to Judges.

Upon reading the Petition of Sir John Lear Baronet, Dame Mary Tipping his Daughter, Widow and Relict of Sir Thomas Tipping Baronet, deceased, Dame Anne Tipping Widow, Mother of the said Sir Thomas Tipping, Letithea Tipping and Katherine Tipping Spinsters, Sisters and Heirs of the said Sir Thomas Tipping; praying Leave to bring in a Bill, to confirm an Agreement between the Petitioners, for vesting certain Manors and Hereditaments, in the Counties of Oxon and Bucks, in the Petitioner Dame Anne Tipping and her Heirs, which were, by her and the said Sir Thomas Tipping her late Son, covenanted to be settled on his Marriage with the Petitioner Dame Mary; and for vesting certain Hereditaments of the Petitioner Sir John Lear, in the County of Devon, in the Petitioner Dame Mary and her Heirs, pursuant to Covenants made on her said Marriage; and for vesting all other his Manors and Lands, in the said Dame Mary and her Heirs, in Remainder, immediately after the Decease of the said Sir John Lear, subject to a Power in him, for charging Ten Thousand Pounds, or any less Sum, on his Personal Estate, and the said last mentioned Manors and Lands:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Tracy and Mr. Justice Fortescue Aland; 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 that One of the Judges do, in Person, deliver into this House the said Bill, with their Report thereupon; and that the Lord on the Woolsack do acquaint the House therewith; and the Judge at the same Time is to signify to their Lordships, whether the Standing Orders in relation to Private Bills have been duly observed.

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; the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Ma jesty's Commands, to signify to the Commons "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker; he, after a short Speech to the King, in relation to the Bill touching the Civil List, delivered the same to the Clerk, 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 redeeming the Annuities of Twentyfive Thousand Pounds per Annum, charged on the Civil List Revenues by an Act of the Seventh Year of His Majesty's Reign; and for discharging the Debts and Arrears due from His Majesty to His Servants, Tradesmen, and others."

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 for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government, of the said City."

"3. An Act for making more effectual an Act passed in the Parliament, holden in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable."

"4. An Act for repairing and amending the Road from Biggleswade, in the County of Bedford, to Bugden, and through Alconberry, to the Top of Alconberry Hill, or Cross Post leading into Sautery Lane, on the York and Edinburgh Road; and from the said Town of Bugden, to the Town of Huntingdon; and from Cross Hall, in Eaton Sokon, in the said County of Bedford, to Great Stoughton Common, in the said County of Huntingdon."

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

"Le Roy le veult."

"5. An Act for settling the Estates of the most Noble Wriothesly Duke of Bedford, on his Marriage with the Right Honourable the Lady Anne Egerton, Daughter of the most Noble Scroop Duke of Bridgewater."

"6. An Act to enable Edmund Duke of Buckinghamshire and Normanby to make Leases (with the Consent of his Guardian and Trustees) of the Manors, Lands, and Estate, therein mentioned."

"7. An Act for vesting the Estates of the most Noble Henry Duke of Kent, in the Counties of Hereford, Monmouth, and Gloucester, in the said Duke and his Heirs; and for settling his other Estates, in the Counties of Essex, Suffolk, Bedford, Hertford, Northampton, and Leicester, in Lieu thereof."

"8. An Act to enclose divers Parcels of Waste Grounds, lying and being in Westhaughton, in the County Palatine of Lancaster."

"9. An Act for vesting in Trustees several Lands, Tenements, and Hereditaments, in the Counties of York and Derby, for the Maintenance of the poor Persons in the Hospital of Gilbert Earl of Shrewsbury, long since deceased, situate at Sheffield, in the County of York; and for enlarging the Buildings of the said Hospital, and adding more poor Persons to those already established therein."

"10. An Act for vesting in Trustees certain Manors, Lands, and Tenements, in the County of Cornwall, late the Estate of Sir Jonathan Trelawny Baronet (late Lord Bishop of Winchester), deceased, to be sold, for discharging certain Mortgages by him made thereof; and for other Purposes therein mentioned."

"11. An Act for vesting Part of the Estate of Ralph Widdrington Esquire in Trustees, to be sold, for Payment of the Debts of the said Ralph Widdrington."

"12. An Act to enable certain Trustees, therein named, to make a Conveyance of certain Lands in Thringston, in the County of Leicester, in Pursuance of Articles of Agreement entered into for that Purpose."

"13. An Act for confirming and rendering effectual an Agreement made between Anne Hester Widow, William Hester, and Anne Hester the Younger; and for vesting in Trustees certain Messuages and Tenements, in the Parish of St. Olave in Southwark, in the County of Surrey, to enable them to convey the same, pursuant to Articles of Agreement made for Sale thereof; and for other Purposes therein mentioned."

"14. An Act for the Sale of the Manors of Middle Ditchford alias Freemans Ditchford, Guys Ditchford alias Over Ditchford, and other Lands therein mentioned, in the County of Worcester, for Payment of the Debts of Gilbert Sheldon Esquire, deceased; and for making Provision for his Widow, his Children, and Grand-children; and for other Purposes therein mentioned."

"15. An Act to enable James Wilkinson and Trustees to make Leases for One, Two, or Three Lives, or for Years determinable on One, Two, or Three Lives, or a certain Number of Years, of the Lands, Tenements, and Hereditaments, in Ireland, comprized in his Marriage Settlement."

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

"Sott fait comme il est desiré."

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

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Wilts Highways, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act passed in the Fifth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for repairing the Highways between Sheppards Shord and The Devizes, and between the Top of Ashlington Hill and Rowdford, in the County of Wilts; and for explaining the said Act, and making the same more effectual and extensive."

Yorshire Cloth Bill, to be temporary.

Ordered, That it be an Instruction to the Lords Committees to whom the Bill, intituled, "An Act for the better regulating the Manufacture of Cloth, in the West Riding of the County of York," stands committed, "That they may receive a Clause, to make the same a temporary Act."

Adjourn.

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

Footnotes