House of Lords Journal Volume 22
March 1726, 21-30

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History of Parliament Trust

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1767-1830

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626-639

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'House of Lords Journal Volume 22: March 1726, 21-30', Journal of the House of Lords: volume 22: 1722-1726 (1767-1830), pp. 626-639. URL: http://british-history.ac.uk/report.aspx?compid=113829 Date accessed: 03 September 2014.


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March 1726, 21-30

DIE Martis, 22o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Winton.
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. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Roxburgh.
Dux Newcastle.
Dux Greenwich.
Dux Chandos.
March. Tweeddale.
Comes Huntingdon.
Comes Lincoln.
Comes Warwick.
Comes Peterborow.
Comes Chesterfield.
Comes Scarbrough.
Comes Coventry.
Comes Godolphin.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Stair.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Bristol.
Comes Harborough.
Comes Pomfret.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Compton.
Ds. Brooke.
Ds. Cornwallis.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Gower.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

Wilmot versus Brand.

The Answer of Thomas Brand, One of the Respondents to the Appeal of John Wilmott, Jonathan Welch, and Thomas Alsop:

Pratt versus Jackson.

Also, the Answer of Mary Jackson, to the Appeal of Samuel Pratt:

Were this Day brought in.

Birmingham Roads, to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Roads leading from Birmingham, through Warwick, to Warmington; and from Birmingham, through Stratford upon Avon, to Edghill, in the County of Warwick."

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

Dux Devon, Præses.
Ds. Trevor, C. P. S.
Dux Grafton, Camerarius.
Dux Roxburgh.
Dux Newcastle.
Dux Greenwich.
Dux Chandos.
March. Tweeddale.
Comes Huntingdon.
Comes Lincoln.
Comes Warwick.
Comes Chesterfield.
Comes Scarbrough.
Comes Coventry.
Comes Godolphin.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Strafford.
Comes Harborough.
Comes Pomfret.
Viscount Hatton.
Viscount Tadcaster.
Viscount Falmouth.
Viscount Harcourt.
Arch. Ebor.
Epus. London.
Epus. Oxon.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Compton.
Ds. Brooke.
Ds. Cornwallis.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Gower.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.

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

Cherrill Road, to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act passed in the Sixth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for the better Amendment of that Way which leads from Cherrill, through Calne, to Studley Bridge, in the County of Wilts; and for making the said Act more effectual; and for extending the Road so to be amended, from Cherill, to The Three Miles Borough, at the Top of Cherrill Hill."

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

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

Pender against the King, in Error:

One Counsel of a Side were called in, and heard, pursuant to the Order on Friday last; reserving the Consideration of the Matter of Costs till this Day.

Judges Opinion about Costs delivered.

And the Two Lord Chief Justices (according to Order) attending, delivered it as their Opinion, "That Costs did not lie in this Case."

The King against Herles.

Counsel (according to Order) were called in, and further heard, to argue the Errors assigned upon a Writ of Error brought into this House the Ninth Day of February last, upon the Allowance of a Return to a Writ of Mandamus in the Court of King's Bench, for the swearing and admitting Peter Pender into the Office of Mayor of Penryn, in the County of Cornwall; in which Writ of Error the King is Plaintiff, and John Herle Esquire Defendant.

And due Consideration had of what was offered in this Case:

Writ of Error quashed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Writ of Error, being brought upon Proceedings at Common Law only, on a Writ of Mandamus, be, and the same is hereby, quashed.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows:

"Ad quem Diem, coram Domino Rege & Proceribus suis in Parliamento suo apud Westm. præd. ven. tam præd. Coron. & Attorn. Domini Regis, qui pro eodem Domino Rege in hac Parte sequitur, quam præd. Joh'es Herle per Attorn. suum præd.; super quo, vis. & per Curiam Parliamenti præd. nunc hic plenius intellectis omnibus & singulis Præmiss. ac diligent. examinat. & inspect. Record. & Process. præd. pro eo quod constat præd. Cur. Parliamenti quod Breve de Error. præd. super dict. Breve de Mandamus minim. rite impetrat. fuit in hac Parte, ac cassabile Lege existit, cons. est per eandem Cur. Parliamenti, quod Breve de Errore ill. cassetur."

Fees of the Officers and Clerks of the House, Report of.

The Lord Delawarr reported from the Lords Committees appointed to examine what Fees the Officers and Clerks of this House have a Right to take, or demand, for any Proceedings before this House, or any Committee of the House, upon Bills or Proceedings in Judicature: "That the Committee examined the Officers and Clerks belonging to this House, as to what Fees they claimed and received, and by what Authority they did the same: That they produced an old Roll of Fees, which, they said, was their Guide in most Things; but, when any Business happened that was not mentioned in the said Roll, they took such Fees as they apprehended their Predecessors had done. The Committee thought it their Duty, first, to examine the Authority of the Roll they referred to, for which they had Recourse to the Journals; and there found, That, on the Twenty-sixth of June 1628, the Sub-committee of Privileges was directed to examine what Fees were due to all the Officers of this House; on which Day the Parliament was prorogued: That, on the Twenty-seventh of January following, the like Order was again made; after which, on the Tenth of March 1628, that Parliament was dissolved; and no other Parliament was called and held till the Thirteenth of April 1640; on the Twenty-ninth of which Month, as it appears from the Journal of that Day, a Report was made to the House, of all the Officers ancient Fees; which was appointed to be read at some other Time: That on the First of May then following, that Report, as appears by the Journal, was read and approved. But the Committee observes, that notwithstanding that Report was made on the Twenty-ninth of April 1640, and approved the First of May following, That no Committee had been appointed, at any Time during that Parliament, to examine into the Officers Fees, or report the same to the House; nor was any Entry made in the Journal, of the Fees then reported and approved; nor have the Committee any other Evidence thereof, than a Roll signed by the then Earl of Warwick; which Roll the Committee particularly examined, and observed several Razures in the Roll, and Alterations of Sums from lesser Sums to greater, and some Articles since inserted; which plainly appears by the different Hand-writing and fresher Ink.

"And forasmuch as several of the Fees mentioned in that Roll, and others that were taken by the Officers and Clerks, appeared to the Committee unreasonable and excessive; the Committee conceived no further Regard ought to be had to the said Roll; but are of Opinion, That, in Lieu thereof, the following Fees ought to be allowed to the Clerks and other Officers belonging to this House:

"From every Peer, being newly created, on his first coming to Parliament, or on his being advanced to any higher Dignity;

"To the Gentleman Usher of the Black Rod, and the like to the Clerk of the Parliaments:

"An Archbishop, Ten Pounds.

"A Duke, Ten Pounds.

"A Marquis, Six Pounds Thirteen and Four Pence.

"An Earl, Four Pounds Ten Shillings.

"A Viscount, Four Pounds.

"The Bishops of London, Durham, and Winchester, Four Pounds Ten Shillings.

"A Bishop, Three Pounds.

"A Baron, Two Pounds Ten Shillings.

"To the Clerk Assistant:

"From

"An Archbishop, One Pound Ten Shillings.

"A Duke, One Pound Ten Shillings.

"A Marquis, One Pound Five Shillings.

"An Earl, One Pound.

"A Viscount, One Pound.

"The Bishops of London, Durham, and Winchester, One Pound.

"Every other Bishop, Ten Shillings.

"A Baron, Ten Shillings.

"To the Yeoman Usher:

"From

"An Archbishop, One Pound Ten Shillings.

"A Duke, One Pound Ten Shillings.

"A Marquis, One Pound Five Shillings.

"An Earl, One Pound.

"A Viscount, One Pound.

"Bishops of London, Durham, and Winchester, One Pound.

"Every other Bishop, Ten Shillings.

"A Baron, Ten Shillings.

"To the Doorkeepers:

"From

"An Archbishop, Four Pounds.

"A Duke, Four Pounds.

"A Marquis, Three Pounds Ten Shillings.

"An Earl, Three Pounds.

"A Viscount, Two Pounds.

"Bishops of London, Durham, and Winchester, Three Pounds.

"Every other Bishop, Two Pounds.

"A Baron, Two Pounds.

"But the Committee are of Opinion, That these Fees ought not to be paid by any Peer whose Peerage comes to him by Descent, or to whom any higher Honour shall descend; and that no Bishops should pay any such Fees on any Translation, unless it be to an Archbishopric, or to the Bishoprles of London, Durham, and Winchester.

"Every Peer to pay to the Clerk Assistant, for writing and entering his Proxy, Five Shillings.

"For every Order, made on a Petition for bringing in a Private Bill:

"To the Clerk of the Parliaments, Ten Shillings;

"Clerk Assistant, Four Shillings and Six Pence;

"Reading Clerk, Two Shillings;

"For each Petition.

"To the Clerk Assistant, for swearing each Witness, One Shilling.

"The like to the Yeoman Usher.

"A Certificate of their being sworn, for the Satisfaction of the Judges, pursuant to the Standing Orders of this House, Six Shillings and Eight Pence.

"Fees on a Private Bill:

"To the Lord Chancellor, or Speaker of this House, Ten Pounds.

"Clerk of the Parliaments, Five Pounds.

"Gentleman Usher of the Black Rod, Five Pounds.

"Clerk Assistant, Two Pounds.

"Yeoman Usher, One Pound.

"Reading Clerk, Two Pounds.

"Doorkeepers, Five Shillings each, Two Pounds.

"These Fees are to be paid before the Second Reading of a Bill: And if a Bill concerns divers Persons, as for settling an Award between Lord and Tenants, and the like, or for a Turnpike to mend any Highway, they are to pay as for a Double Bill; but no greater Fees are to be paid for any such Bill, or for any Private Bill whatsoever, than a Double Fee: But every Person in a Naturalization Bill is to pay as for a Single Bill.

"To the Clerk Assistant, for entering the Names of the Lords Committees, and giving a Copy thereof if desired, Ten Shillings.

"To the Clerk attending the Committee, Two Pounds.

"To the Yeoman Usher, One Pound.

"To the Doorkeepers, Two Pounds.

"To the Clerk Assistant, for engrossing of a Private Bill:

"The First Skin, Thirteen Shillings and Four Pence.

"Every other Skin, Ten Shillings.

"But the Committee are of Opinion, that Forty Lines, at the least, ought to be writ on every such Skin.

"To the Clerk of the Parliaments, for certifying of a Private Bill, upon a Writ of Certiorari out of the Chancery, or any other Matter of Record concerning a private Person into that Court:

"For the First Skin, One Pound Six Shillings and Eight Pence.

"Every other Skin, Thirteen and Four Pence.

"Upon certifying a Private Bill, as above:

"To the Clerk Assistant, Thirteen Shillings and Four Pence, for the First Skin.

"Every other Skin, Six Shillings and Eight Pence.

"To the Clerk of the Parliaments, for the examining of the Transcript with the Record upon a Writ of Error, and reading the same in the House, One Pound Six Shillings and Eight Pence.

"To the Clerk of the Parliaments and the Clerk Assistant, to be divided between them, for entering the Judgement on a Writ of Error, remitting the same, and every Thing relating thereto, and for making a Copy thereof, to be preserved in The Parliament-office, Two Pounds Ten Shillings.

"For the Certificate of Diminution on a Writ of Error, Six Shillings and Eight Pence.

"The Committee also have observed, That, on the Twelfth of December 1690, there was a Demand made to this House of Fees, when any Appeal should be heard at the Bar of this House; which was referred to a Committee; but they cannot find that the said Committee did come to any Resolution thereon, or make any Report to the House: Wherefore the Committee have considered what Fees are reasonable for the Officers of this House to demand, on hearing of Appeals at the Bar of this House; and are of Opinion, the following Fees ought to be allowed, by both Parties:

"To the Black Rod, Two Pounds.

"To the Yeoman Usher, One Pound.

"To the Doorkeepers, Four Pounds.

"But if the Cause be adjourned, and not decided or adjudged in One Day, no Fees are to be paid on any other Days of Hearing than on the First; and the Doorkeepers, in Consideration of this Fee allowed to them, are to receive the printed Cases from the Solicitors, and leave them at every Lord's House, without any other Fee or Reward either for their receiving or delivering the said Cases.

"For the Copy of a Judgement, on an Appeal, Two Pounds;

"To be divided between the Clerk of the Parliaments and Clerk Assistant.

"For any Order made in an Appeal depending, whether by Petition or otherwise, if such Order be taken out by either Party, and signed by the Clerk of the Parliaments, Fourteen Shillings and Six Pence.

"For entering into Recognizance, One Pound.

"To the Clerk of the Parliaments, for searching for a Record in the Office, Two Shillings and Six Pence.

"For Ditto, to the Clerk Assistant, One Shilling.

"For the Copy of each Sheet, One Shilling.

"For the Clerk's Hand to a Copy of a Record, Two Shillings.

"These are all the Fees, the Committee are of Opinion, ought to be allowed to the Clerks or other Officers of this House, for any Business done in Parliament; and that, if the said Officers or Clerks should demand, take, or receive, any higher Fee, or other Gratuity, they ought to incur the Displeasure of this House.

"The Committee further took into their Consideration what Fees were due to the Gentleman Usher of the Black Rod, on the Commitment of any Peer; and also what Fees are due to the Clerk of the Parliaments, Clerk Assistant, Gentleman Usher and Yeoman Usher, and Serjeant at Arms, when any Delinquent is committed to their Custody by this House; and are of Opinion, the following Fees ought to be taken:

"On the Commitment of any Peer to the Black Rod:

"From an Archbishop, Twenty Pounds.

"A Duke, Twenty Pounds.

"A Marquis, Thirteen Pounds Six Shillings and Eight Pence.

"An Earl, Ten Pounds.

"A Viscount, Eight Pounds.

"The Bishops of London, Durham, and Winchester, Ten Pounds.

"Every other Bishop, Seven Pounds.

"A Baron, Six Pounds Thirteen Shillings and Four Pence.

"Every Day a Lord continues in the Custody of the Black Rod, Six Pounds Thirteen Shillings and Four Pence.

"From a Private Person to the Black Rod:

"Attachment Fee, Five Pounds.

"Discharge, Five Pounds.

"For every Day's Custody, One Pound Six Shillings and Eight Pence.

"To the Yeoman Usher:

"Attachment Fee, Two Pounds.

"Discharge, Two Pounds.

"To the Clerk of the Parliaments, for the Order for releasing a Delinquent, Six Pounds Thirteen Shillings and Four Pence.

"For Ditto, to the Clerk Assistant, Two Pounds.

"The Serjeant at Arms to take the like Fees as the Black Rod from Persons committed to his Custody; and also to have One Shilling for every Mile he shall go out of Town to attach any Delinquent.

"If the Gentleman Usher, or Serjeant at Arms, shall suffer any Person committed to his Custody to go at large, they shall not only lose their own Fees, but be charged with the Payment of all other Fees herein before allowed to the several other Officers of this House for the Commitment or Discharge of such Person or Persons so suffered to go at large."

Which Report, being read by the Clerk, was agreed to by the House.

And a List of Fees extracted out of the said Report being also read:

List of the Fees to be printed:

It is Ordered, That the Fees of the Officers and Clerks of this House, relating to the Proceedings before this House, or any Committee of the same, contained in the said List, be printed, and affixed on the Doors of the House, and hung up in the Offices thereunto belonging.

Recognizances not to be stamped.

And Notice being taken, "That the Recognizances entered into by the Appellants for Payment of Costs, pursuant to the Standing Order of the Twentyseventh of January 1710, have usually been taken upon Stamped Parchment:"

Resolved, That it is the Opinion of this House, that the said Recognizances be not taken upon Stamped Paper or Parchment for the future.

Sir F. Burk's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate of Sir Festus Burke Baronet, towards discharging the Debts and Incumbrances affecting the same; and for making a Provision for the Lady Letitia his Wife, Eldest Daughter of the Right Honourable John late Earl of Clanrickard in the Kingdom of Ireland," was committed: "That they had considered the said Bill; that the Parties concerned had given their Consents; and that the Committee had gone through the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Squier versus Dowell.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Arthur Squier Gentleman is Appellant, and John Baker Dowell Esquire is Respondent:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, vicesimum tertium diem instantis Martii, hora undecima Auror. Dominis sic decernentibus.

DIE Mercurii, 23o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Asaphens.
Epus. Rossen.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Bristol.
Ds. King, Cancellarius.
Dux Devon, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Manchester.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Warwick.
Comes Chesterfield.
Comes Sunderland.
Comes Scarsdale.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Bristol.
Comes Harborough.
Viscount Say & Seale.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Delawarr.
Ds. Clinton.
Ds. Howard Eff.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Lechmere.

PRAYERS.

Parker versus Dixon.

The Answer of Hannah Dixon Widow, One of the Respondents to the Appeal of Margaret Parker Widow:

Crosley versus Shadforth.

As also the Answer of George Shadforth to the Appeal of Nathaniel Crosley, were this Day brought in.

Pratt versus Clarke & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Samuel Pratt is Appellant, and Christopher Clarke, Mary Jackson, and others, are Respondents:"

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

Williams versus Lane, &c.

The House being informed, "That a Person attended at the Door, with Copies of Proceedings in the Cause wherein Edward Williams is Appellant, and John Bell Lane Esquire and Mary Viscountess Lanesborough are Respondents:"

Pleadings proved.

Whereupon Mr. Francis Enraght was called in and sworn; and delivered, at the Bar, Copies of Proceedings in the said Cause; and attested, "The same were true Copies, he having examined them with the Originals in the respective Offices in Ireland."

And withdrew.

Sir J. Rouse versus Barker & al.

After hearing Counsel, upon the Petition and Appeal of Sir John Rouse Baronet; complaining of a Decree, or Decretal Order, of the Court of Exchequer, made the Twenty-fifth of June last, in a Cause wherein the Appellant was Plaintiff, and John Barker Gentleman, John Howse Esquire and Lucy his Wife, Charles Ward Clerk, William Powle and Mary his Wife late Mary Anthony, John Russell Gentleman, John Mayhew and Robert Bence Gentlemen, were Defendants; and praying, "That the same may be reversed:" As also upon the several Answers of the said Defendants put in to the said Appeal; and due Consideration and Debate had of what was offered on either side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spi ritual and Temporal in Parliament assembled, That the said Decree, or Decretal Order, complained of in the said Appeal, be, and the same is hereby, reversed; and that the said Court of Exchequer be directed to award a Commission to such Persons as they shall think proper, to inquire whether all, or any, and which, of the Lands contained in the Surrender made by James Mayhew, the Fourteenth of October One Thousand Seven Hundred and Three, be in the Possession of all, or any, and which, of the Respondents; and whether all or any of the Freehold Lands whereof the said James Mayhew was seised, be in the Possession of all, or any, and which, of the Respondents; and that the Court of Exchequer do likewise direct, that the Respondents have Liberty to inspect the Court Rolls, and to take Copies as they think fit, at their Expence; and that the Respondents, do upon Oath, within a convenient Time to be appointed by the said Court of Exchequer, bring before, and leave with, the Remembrancer of that Court, all such Deeds, Copies, Writings, and other Evidences, relating to the Matters in Question, as are in their respective Custodies or Power; and that the Appellant have Liberty to inspect them, and take Copies at his Expence; and that such of the said Deeds, Copies, Writings, Evidences, and Court Rolls, as either Side shall require Ten Days before the Execution of the Commission, shall be produced at the Execution of the said Commission; and upon the Return of the said Commission, the Court of Exchequer shall make such further Order thereon as shall be just.

Lord Saltoun versus Frazer.

The House being moved, "That the Hearing the Cause wherein Alexander Lord Saltoun is Appellant, and Mr. William Fraser is Respondent, which stands appointed for Friday next, may be put off for some Time, in regard the Parties are under a Treaty for an Accommodation:"

It is Ordered, That the Hearing the said Cause be adjourned till Tuesday the Tenth Day of May next.

Sir Festus Burke's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Sir Festus Burke Baronet, towards discharging the Debts and Incumbrances affecting the same; and for making a Provision for the Lady Letitia his Wife, Eldest Daughter of John late Earl of Clanrickard in the Kingdom of Ireland."

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. John Bennet and Mr. Thurston:

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

Birmingham Road to repair, Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Roads leading from Birmingham, through Warwick, to Warmington; and from Birmingham, through Stratford upon Avon, to Edge Hill, in the County of Warwick," was committed: That the Committee had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Market Harborough Road, to repair, Bill.

The Lord Bishop of Norwich also reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road from Market Harborough to Loughborough, in the County of Leicester," was committed: "That the Committee had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Adjourn.

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

DIE Jovis, 24o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. Asaphens.
Epus. Oxon.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Montagu.
Dux Roxburgh.
Dux Ancaster & Kesieven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
March. Tweeddale.
Comes Huntingdon.
Comes Lincoln.
Comes Warwick.
Comes Chesterfield.
Comes Scarsdale.
Comes Clarendon.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Stair.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Halifax.
Comes Harborough.
Comes Pomfret.
Viscount Say & Seale.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Howard Eff.
Ds. Compton.
Ds. Brooke.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Lechmere.

PRAYERS.

Market Harborough Road to repair, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Road from Market Harborough to Loughborough, in the County of Leicester."

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

It was Resolved in the Affirmative.

Birmingham Road, to repair, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Roads leading from Birmingham, through Warwick, to Warmington; and from Birmingham, through Stratford upon Avon, to Edge Hill, in the County of Warwick."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords agree to these Two Bills.

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

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

Crosley versus Shadforth.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Nathaniel Crosley is Appellant, and George Shadforth is Respondent:"

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

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for naturalizing Jean Jaques Coulliette de Valicourt;" to which they desire the Concurrence of this House.

Ash versus Sn W. Parsons & Ux.

The House was informed, "That the Parties in the Cause wherein Richard Ash Esquire is Appellant, and Sir William Parsons Baronet and the Lady Elizabeth his Wife are Respondents, were agreed in relation to the Matters in Difference between them; and desired Leave to withdraw the Appeal:"

And thereupon Mr. Jabez Collier and Mr. Robert Allen, the Agents on both Sides, being called in; and expressing their Desires, on Behalf of their Clients, "That the said Appeal might be withdrawn:"

Appeal with drawn.

It is Ordered, That Leave be given to withdraw the said Appeal, as desired.

Duke of Chandos' Privilege; Brignall and King to be brought to the Bar.

A Petition of Edward Brignall and Timothy King, in Custody of the Gentleman Usher of the Black Rod, for a Breach of Privilege, in causing Richard Leach, a Servant belonging to the Duke of Chandos, to be arrested, was presented to the House, and read; acknowledging their Offences, and expressing their Sorrow for the same; and praying to be discharged from their Consinement:

It is Ordered, That the Petitioners be brought to the Bar, in order to their Discharge, paying their Fees.

Resolution for limiting Times for bringing in Appeals:

The House (according to Order) proceeding to take into Consideration the limiting of the Times for bringing in Appeals:

It was proposed, "To resolve, That no Petition of Appeal, from any Decree or Sentence of any Court of Equity in England or Ireland, or of any Court in Scotland, before this Time signed and enrolled, or extracted, shall be received by this House after Five Years, to be accounted from the Expiration of this present Session of Parliament, and the End of the next Session ensuing the said Five Years; nor shall any Petition of Appeal, from any Decree or Sentence of any of the said Courts, to be hereafter signed and enrolled, or extracted, be received by this House, after Five Years from the signing and enrolling, or extracting, of such Decree or Sentence, and the End of the next Session ensuing the said Five Years, unless the Person entitled to such Appeal be within the Age of Twenty-one Years, or Covert, Non Compos Mentis, imprisoned, or out of Great Britain and Ireland, in which Case, such Person shall and may be at Liberty to bring his Appeal for reversing any such Decree or Sentence, at any Time within Five Years next after his full Age, Discoverture, coming of Sound Mind, Enlargement out of Prison, or coming into Great Britain or Ireland, and the End of the next Session of Parliament ensuing the said Five Years, but not afterwards or otherwise."

Which being objected to, and Debate thereupon;

The Question was put, "Whether to agree to the aforementioned Proposition?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"Lechmere."

And a Motion being made, "That the same be made a Standing Order of this House:"

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

Duke of Chandos' Privilege; Brignal and King discharged.

Edward Brignall and Timothy King were (according to Order) brought to the Bar, by the Gentleman Usher of the Black Rod, in order to their Discharge, where they, on their Knees, receiving a Reprimand from the Lord Chancellor for their Offences, were discharged out of Custody, paying their Fees.

Adjourn.

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

Die Martis, 21o Februarii, 1726, hitherto examined by us,

Jo. Carliol.
Jo. Norwich.
De Lawarr.

DIE Lunæ, 28o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Landav.
Ds. King, Cancellarius.
Dux Devon, Præses.
Dux Dorset, Senescallus.
Dux Montrose.
Dux Roxburgh.
Dux Greenwich.
March. Tweeddale.
Comes Huntingdon.
Comes Chesterfield.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Stair.
Comes Ferrers.
Comes Dartmouth.
Comes Aylesford.
Comes Pomfret.
Viscount Falmouth.
Viscount Harcourt.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Ashburnham.
Ds. Hay.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

Trinity House versus Noble.

This Day the Answer of George Noble Mariner, to the Appeal of the Master, Wardens, and Affistants, of the Corporation of Trinity House, was brought in.

Coulliette de Valicourt, Nat. Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing Jean Jaques Coulliette de Valicourt."

Marlborough, &c. Highways, to repair, Bill.

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

With a Bill, intituled, "An Act for repairing the Highways from Speenham Land, adjoining to Newbury, in the County of Berks, to Marlborough, in the County of Wilts;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sir J. Shaw versus Ly. Houstown.

Upon reading the Petition of John Houstoun Gentleman, Agent for Dame Margaret Houstoun Widow, Respondent to the Appeal of Sir John Schaw Baronet; praying, That the Hearing this Cause may be deferred for a Day or Two; the Solicitor General being so much indisposed, that he is not able to attend:"

It is Ordered, That the Hearing the said Cause be adjourned till Friday next; and that the Cause appointed for that Day be put off to the Monday following; and the other Causes on Cause-days removed in Course.

Adjourn.

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

DIE Martis, 29o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Oxon.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Landav.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Chandos.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Peterborow.
Comes Chesterfield.
Comes Scarsdale.
Comes Litchfield.
Comes Rochford.
Comes Coventry.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Stair.
Comes Strafford.
Comes Aylesford.
Comes Halifax.
Comes Harborough.
Viscount Say & Seale.
Viscount Hatton.
2. Viscount St. John.
1. Viscount Tadcaster.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Brooke.
Ds. Waldegrave.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Lechmere.

PRAYERS.

O'Hara versus Sir R. Adair.

This Day the Answer of Sir Robert Adaire, to the Appeal of Mr. Charles O Hara, was brought in.

Mr. Grey & al. Petition referred to Judges.

Upon reading the Petition of Henry Grey Esquire and Elizabeth his Wife, Peter Walter Esquire, and Edward Griffin Esquire; praying Leave to bring in a Bill, for Sale of certain Premises, in the County of Southampton, to discharge the Mortgages charged thereon; and for other Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Justice of the Court of Common Pleas; with the usual Directions, according to the Standing Orders.

Breton's Petition referred to Judges.

Upon reading the Petition of Moyle Breton of Kennington in the County of Kent Esquire; praying Leave to bring in a Bill, for Sale of the Manor of Hoarns, and certain Farms and Lands in the said County of Kent; and for settling other Lands and Hereditaments, in the same County, of greater Value, to the same Uses as the Estate to be sold stands limited; and for applying the Overplus to such Uses as the Petitioner and his Wife shall direct:

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 Denton; with the usual Directions, according to the Standing Orders.

Corporation of Trinity House versus Ryal and Noble.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Master, Wardens, and Affistants, of the Corporation of Trinity House, are Appellants, and Maltis Ryall and George Noble are Respondents:"

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

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act to enable His Majesty to grant the Inheritance of certain Lands, called Bowood Park, in the County of Wilts, to Trustees, for Sir Orlando Bridgeman Baronet and his Heirs, upon a full Consideration to be paid for the same;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act to enable the present and future Inhabitants of the East, North, and West Sides, or Lines, of St. James's Square, to make a Rate on themselves, for raising Money sufficient to clean, adorn, and beautify the said Square, and to continue the same in Repair;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for repairing the Roads therein mentioned, between Crackley Bank, in the Parish of Idsall, alias Shiffnall, and the Town of Shrewsbury, in the County of Salop;" to which they desire the Concurrence of this House.

Marlborough Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Highways from Speenham Land, adjoining to Newbury, in the County of Berks, to Marlborough, in the County of Wilts."

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

Ds. Trevor, C. P. S.
Dux Kent.
Dux Chandos.
March. Tweeddale.
Comes Lincoln.
Comes Chesterfield.
Comes Litchfield.
Comes Rochford.
Comes Coventry.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Viscount Say & Seale.
Viscount Hatton.
Viscount Falmouth.
Viscount Harcourt.
Epus. London.
Epus. Petriburgh.
Epus. Bangor.
Epus. Carliol.
Epus. Norwich.
Epus. Hereford.
Epus. Menevens.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Brooke.
Ds. Waldegrave.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Lechmere.

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.

Chivers et Ux. versus Morfoot, in Error:

Whereas this Day was appointed, for hearing the Errors argued upon the Writ of Error brought into this House the Twenty-fourth Day of February last, wherein Philip Chivers and Elizabeth his Wife, Administratrix of Henry Clarke, are Plaintiffs, and Elizabeth Morfoot Spinster, Executrix of Elizabeth Morfoot Widow, is Defendant, in order to reverse a Judgement given in the Court of King's Bench, for the Defendant in Error:

Counsel appearing for the Defendant in Error; but no Counsel for the Plaintiffs in Error, who made Default:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench be, and is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Plaintiffs do pay, or cause to be paid, to the said Defendant, the Sum of Fifty Pounds, for her Costs sustained by reason of the bringing the said Writ of Error.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows.

"Et quia Cur. dicti Domini Regis hic, coram ipso Rege in Parliamento suo, de Judicio suo de et super Præmiss. reddend. nondum advisatur, Dies inde dat. est Partibus præd. coram dicto Domino Rege in Parliamento suo, usque Diem Martis, Vicesimum Nonum Diem Martii extunc prox. sequen. ubicunque &c. de Judicio suo de et super Præmiss. ill. audiend. eo quod Cur. dicti Domini Regis in Parliamento suo inde nondum &c.; ad quem Diem, coram dicto Domino Rege in Parliamento suo apud Westm. ven. præd. Eliz'a Morfoot Executrix, in propria Persona sua; super quo, visis et per Cur. Parliamenti præd. examinatis tam Record. et Process. præd. ac Judic. superinde reddit. quam Causis pro Error. superinde assignat. cons. eil per Cur. Parliamenti præd. quod Judic. præd. in omnibus affirmetur, cum Quinquagint. Libr. solvi præd. Eliz'æ Morfoot Executrici, pro Dampnis, Mis. et Custag. suis, Occasione Dilationis Executionis Judic. præd. Prætextu Prosecution. præd. Brevis de Error.; ac quod Record. præd. remittatur in Cur. dicti Domini Regis, ad Execution. superinde pro dicta Eliz'a Morfoot fiend."

Order relating to Appeals, made a Standing Order.

The House (according to Order) proceeding to take into Consideration the Motion made on Thursday last, for declaring the Resolution, then agreed to, a Standing Rule or Order:

And thereupon the same being read by the Clerk:

It was proposed, "To declare, That it be a Standing Order, and entered on the Roll of Standing Orders of this House."

And a Debate arising thereupon;

It was moved, "That the said Debate be adjourned."

Which being objected to;

The Question was put, "Whether the said Debate shall be adjourned?"

It was Resolved in the Negative.

Then the Question was put, "Whether the said Order shall be made a Standing Order?"

It was Resolved in the Affirmative.

And ordered to be entered on the Roll of Standing Orders.

Byde's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming a Lease made by Thomas Byde Esquire, to James Fordham therein mentioned; and to enable him to let Leases of any Part of his Estate, for any Number of Years not exceeding Eighty-eight Years," was committed: "That they had considered the said Bill; and that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Trye's Bill.

The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in Trustees the Manors of Hardwick and Haresfield, and other Lands in the County of Gloucester, the Estate of Thomas Trye Esquire, to be sold, for Payment of his Debts, and for other Purposes therein mentioned," was committed: "That they had considered the said Bill; and that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereto."

Which were read Twice, and agreed to.

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

Bayly's Bill.

The Lord Delawarr likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for discharging certain Lands, in the County of Wilts, from the Uses and Estates limited thereof in the Settlement made by Zachary Bayly Gentleman, after his Marriage with Mercy his Wife; and for settling other Lands, of greater Yearly Value, in the Counties of Somerset and Wilts, in Lieu thereof," was committed: That they had considered the said Bill; and that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Lowndes's Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Charles Lowndes Gentleman, and the Persons in Remainder after him, to make Contracts for getting Brick Earth in, and grant Building Leases of, the House and Ground called Spring Garden, and other the Ground called Great Spittlefield and Little Spittlefield, in the Parishes of St. Martin in the Fields and Chelsea, in the County of Middlesex, late the Estate of William Lowndes Esquire, deceased," was committed: That the Committee had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Ordered; That the said Bill be engrossed.

Burt's Bill.

The Lord Bishop of Norwich also reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate of John Burt, deceased, in the County of Southampton," was committed: "That they had considered the said Bill; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made One Amendment thereunto."

Which was read Twice, and agreed to.

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

Jeffery's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Manor of Warkleigh, and other Lands and Hereditaments, in the Parishes of Warkleigh, Satterly, and Roborough, in the County of Devon, the Estate of Thomas Jeffery of the City of Exon Merchant, towards raising Provisions for Susanna his Wife and their Children, for securing whereof the said Manor and Lands were, at the Time of their Marriage, made liable," was committed: "That they had considered the said Bill; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

O'Hara versus Sir R. Adair.

Upon reading the Petition of Sir Robert Adair, Respondent to the Appeal of Charles O Hara Esquire; setting forth, "That the Appellant had used several Delays in bringing on this Cause to a Hearing;" and praying, "lest the same should not be heard this Session, that a Bye-day may be appointed, for hearing thereof:"

And thereupon the Agents on both Sides were called in, and heard.

And being withdrawn:

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

St James's Square, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable the present and future Inhabitants of the East, North, and West Sides, or Lanes, of St. James's Square, to make a Rate on themselves, for raising Money sufficient to clean, adorn, and beautify the said Square, and to continue the same in Repair."

Coulliette de Valicourt, Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Jean Jaques Coulliette de Valicourt."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom the Bill for repairing the Highways from Speenham Land to Marlborough 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.

Shrewsbury Roads, to repair, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for repairing the Roads therein mentioned, between Crackley Bank, in the Parish of Idsall, alias Shiffnall, and the Town of Shrewsbury, in the County of Salop."

Sir Orlando Bridgeman's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable His Majesty to grant the Inheritance of certain Lands called Bowood Park, in the County of Wilts, to Trustees, for Sir Orlando Bridgeman Baronet and his Heirs, upon a full Consideration to be paid for the same."

Adjourn.

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

DIE Mercurii, 30o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Asaphens.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens.
Ds. King, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Kent.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Huntingdon.
Comes Pembroke.
Comes Lincoln.
Comes Lercester.
Comes Warwick.
Comes Chesterfield.
Comes Scarsdale.
Comes Rochford.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Strafford.
Comes Halifax.
Comes Pomfret.
Viscount Hatton.
Viscount Lonsdale.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Compton.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Hay.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Lechmere.

PRAYERS.

Ashton versus Smith & al.

The Answer of Jonathan Smith, Richard Lechmere, Henry Hankey, John Lateward and Mary his Wife, Edward Missenden, Anne Job, John Cook, and Sarah his Wife, Mary Warburton, and George Moore, to the Appeal of Joseph Ashton, was this Day brought in.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act for repairing the Roads from Lemsford Mill, in the County of Hertford, to Welwyn, and from thence to Cory's Mill, and from Welwyn (through Codicot) to Hitchin, in the said County; and for enlarging the Term granted by an Act passed in the Sixth Year of the Reign of His present Majesty, for repairing the Roads from Steevenage, in the said County, to Biggleswade, in the County of Bedford;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir William Yonge and others:

With a Bill, intituled, "An Act to prevent frivolous and vexatious Arrests;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir Nathaniel Gould and others:

With a Bill, intituled, "An Act to enable the Lords Commissioners of the Treasury, or the Lord High Treasurer, for the Time being, to compound with Thomas Baynton and Robert Shaw, late of London, Merchants and Copartners, for a Debt due from them to the Crown, on Account of Bonds given for the Duties of Tobacco;" to which they desire the Concurrence of this House.

Byde's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming a Lease made by Thomas Byde Esquire to James Fordham therein mentioned; and to enable him to let Leases of any Part of his Estate, for any Number of Years, not exceeding Eighty-eight Years."

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

It was Resolved in the Affirmative.

Lowndes's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Charles Lowndes Gentleman, and the Persons in Remainder after him, to make Contracts for getting Brick Earth in, and grant building Leases of, the House and Ground called Spring Garden, and other the Ground called Great Spittlefield and Little Spittlefield, in the Parishes of St. Martin in the Fields and Chelsea, in the County of Middlesex, late the Estate of William Lowndes Esquire, deceased."

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

It was Resolved in the Affirmative.

Messages to H. C. with the Two preceding Bills.

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

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

Message from thence, with a Bill.

A Message was brought from the House of Commons, by Sir Orlando Bridgeman and others:

With a Bill, intituled, "An Act for repairing and widening the Road from Horsley Upright Gate, leading down Bowden Hill, in the County of Wilts, to the Top of Kingsdown Hill, in the Parish of Box, in the said County;" to which they desire the Concurrence of this House.

Jeffery's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Warkleigh, and other Lands and Hereditaments, in the Parishes of Warkleigh, Satterly, and Roborough, in the County of Devon, the Estate of Thomas Jeffery of the City of Exon Merchant, towards raising Provisions for Susanna his Wife and their Children, for securing whereof the said Manor and Lands were at the Time of their Marriage made liable."

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.

St. James's Square Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the present and future Inhabitants of the East, North, and West Sides, or Lines, of St. James's Square, to make a Rate on themselves, for raising Money sufficient to clean, adorn, and beautify, the said Square, and to continue the same in Repair."

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

Dux Dorset, Senescallus.
Dux Kent.
Dux Greenwich.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Warwick.
Comes Rochford.
Comes Findlater.
Comes Aberdeen.
Comes Strafford.
Comes Pomfret.
Viscount Hatton.
Viscount Falmouth.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens.
Ds. Delawarr.
Ds. Clinton.
Ds. Compton.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.

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

Bayly's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for discharging certain Lands in the County of Wilts, from the Uses and Estates limited thereof in the Settlement made by Zachary Bayly Gentleman, after his Marriage with Mercy his Wife; and for settling other Lands, of greater Yearly Value, in the Counties of Somerset and Wilts, in Lieu thereof."

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.

Bennet & al. Petition referred to Judges.

Upon reading the Petition of Thomas Bennett Esquire (One of the Masters of the Honourable Court of Chancery) and Hannah his Wife, Stephen Martin Leake Esquire, Father of the said Hannah, and Stephen Martin Leake Junior Esquire, and Thomas Norton Gentleman, Trustees in the Marriage Settlement of the said Thomas and Hannah Bennett; praying Leave to bring in a Bill, to vest the Inheritance of several Lands and Tenements, in the Counties of Suffolk, Kent, London, and Middlesex, in Trustees, in order that such Part thereof, together with such other Lands and Tenements as shall be an Equivalent to answer the Petitioners Marriage Articles, may be settled pursuant thereto; and that the Remainder may be sold, in order to enable the Petitioners Thomas and Hannah Bennett to pay their Debts:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Justice Reynolds; with the usual Directions, according to the Standing Orders.

Cherrill Road Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term granted by an Act passed in the Sixth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for the better Amendment of that Way which leads from Cherrill, through Calne, to Studley Bridge, in the County of Wilts; and for making the said Act more effectual; and for extending the Roads so to be amended from Cherrill to The Three Miles Borough, at the Top of Cherrill Hill," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment.

King's Message in the Votes of H. C. to be considered.

Notice was taken of a Passage in the printed Votes of the House of Commons, dated Jovis, 24o Die Martii 1725, purporting to be a Message to that House from His Majesty, under His Royal Sign Manual.

And thereupon the same being read by the Clerk:

It is Ordered, That on the Second Day after the approaching Recess, this House will take into Consideration that Part of the said printed Votes; and the Lords to be summoned.

Trye's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Manors of Hardwick and Haresfield, and other Lands in the County of Gloucester, the Estate of Thomas Trye Esquire, to be sold, for Payment of his Debts; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with 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.

Frivolous Arrests, Bill.

Ordered, That the Bill, intituled, "An Act to prevent frivolous and vexatious Arrests," be read the First Time on the First Day of Meeting after the approaching Recess.

Hertfordshire Roads, to repair, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for repairing the Roads from Lemsford Mill, in the County of Hertford, to Welwyn, and from thence to Cory's Mill, and from Welwyn (through Codicot) to Hitchin, in the said County; and for enlarging the Term granted by an Act passed in the Sixth Year of the Reign of His present Majesty, for repairing the Roads from Steevenage, in the said County, to Biggleswade, in the County of Bedford."

Wilts Roads, to repair, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Horsley Upright Gate, leading down Bowden Hill, in the County of Wilts, to the Top of Kingsdown Hill, in the Parish of Box, in the said County."

Baynton and Shaw's Composition Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Lords Commissioners of the Treasury, or the Lord High Treasurer, for the Time being, to compound with Thomas Baynton and Robert Shaw, late of London, Merchants and Co-partners, for a Debt due from them to the Crown, on Account of Bonds given for the Duties of Tobacco."

Burt's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of John Burt, deceased, in the County of Southampton."

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.

Berry versus Hunt.

The House was informed, "That the Matters in Question, between the Parties in a Cause wherein William Berry Esquire is Appellant, and Edward Hunt Esquire Respondent, which stands appointed to be heard To-morrow, are accommodated; and that the Appellant desired to withdraw the Appeal."

And thereupon the Agents on both Sides were called in.

And signifying their Consents to the same, at the Bar:

And being withdrawn:

Appeal withdrawn.

It is Ordered, That Leave be given to withdraw the said Appeal, as desired.

Shrewshury Roads, to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Roads therein mentioned, between Cracley Bank, in the Parish of Idsall, alias Shiffnall, and the Town of Shrewsbury, in the County of Salop."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom the Bill for adorning St. James's Square stands committed:

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

Wilmott & al. versus Brand & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Wil mott, Jonathan Welch, and Thomas Alsop, are Appellants, and Thomas Brand, George Wingfield, Henry Vere Graham, Abel Wilkinson, and James Plume, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, at the same Time the Original Appeal of the said Thomas Brand stands appointed to be heard.

M'Guire versus Maddin:

Whereas, by Order of this House of the Twentysixth of January last, Richard Maddin Merchant was required peremptorily to put in his Answer, to the Appeal of Richard McGuire Merchant, in a Week, which he has neglected to do:

And the House being this Day moved, "That a Day may be appointed, for hearing the said Cause:"

Hearing appointed, ex Parte.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, ex Parte, on the First vacant Day for Causes after those already appointed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tricesimum primum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 31o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Oxon.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Landav.
Ds. King, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Greenwich.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Warwick.
Comes Scarsdale.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Pomfret.
Viscount Say & Seale.
2. Viscount Tadcaster.
1. Viscount Hatton.
Viscount St. John.
Viscount Harcourt.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Bathurst.

PRAYERS.

Marlborough Road Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Highways from Speenham Land, adjoining to Newbury, in the County of Berks, to Marlborough, in the County of Wilts," was committed: "That the Committee had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

St. James's Square Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, An Act to enable the present and future Inhabitants of the East, North, and West Sides, or Lines, of St. James's Square, to make a Rate on themselves, for raising Money sufficient to clean, adorn, and beautify, the said Square, and to continue the same in Repair," was committed: "That the Committee had gone through the said Bill, and made One Amendment thereunto."

Which was read Twice, by the Clerk, and agreed to by the House, and is as follows:

"Press 12. Line 31. After ["Trustees"], insert ["or the major Part of them"]."

Coulliette de Valicount, Nat. Bill.

The Lord Bishop of Norwich also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Jean Jaques Coulliette de Valicourt," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Cherill Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act passed in the Sixth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for the better Amendment of that Way which leads from Cherrill, through Calne, to Studley Bridge, in the County of Wilts; and for making the said Act more effectual; and for extending the Road so to be amended from Cherrill, to The Three Miles Borough, at the Top of Cherrill Hill."

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. John Bennett and Mr. Lightboun:

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

Sir Orlando Bridgeman's Bill.

The House being moved, "That the Bill, intituled, "An Act to enable His Majesty to grant the Inheritance of certain Lands called Bowood Park, in the County of Wilts, to Trustees, for Sir Orlando Bridgeman and his Heirs, upon a full Consideration to be paid for the same," be now read a Second Time:"

His Majesty's Consent to it signified.

The Duke of Newcastle (by His Majesty's Command) acquainted the House, "That His Majesty had been informed of the Contents of the Bill; and did (so far as the Crown is concerned) consent to the passing thereof."

Whereupon the said Bill was read a Second Time.

And ordered to be committed to the Consideration of the Lords following; (videlicet,)

Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Newcastle.
Dux Greenwich.
M. Tweeddale.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Viscount Tadcaster.
Viscount Harcourt.
Epus. London.
Epus. Petriburg.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Bathurst.

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

Wilts Roads, to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Horsley Upright Gate, leading down Bowden Hill, in the County of Wilts, to the Top of Kingsdown Hill, in the Parish of Box, in the said County."

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

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

Hertfordshire Roads Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Roads from Lemsford Mill, in the County of Hertford, to Welwyn, and from thence to Cory's Mill, and from Welwyn (through Codicot) to Hitchin, in the said County; and for enlarging the Term granted by an Act passed in the Sixth Year of the Reign of His present Majesty, for repairing the Roads from Steevenage, in the said County, to Biggleswade, in the County of Bedford."

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

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

Baynton and Shaw's Composition Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Lords Commissioners of the Treasury, or the Lord High Treasurer, for the Time being, to compound with Thomas Baynton and Robert Shaw, late of London, Merchants and Co-partners, for a Debt due from them to the Crown, on Account of Bonds given for the Duties of Tobacco."

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

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

Coulliette de Valicount, Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Joan Jaques Coulliette de Valicourt."

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

It was Resolved in the Affirmative.

Marlborough Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Highways from Speenham Land, adjoining to Newbury, in the County of Berks, to Marlborough, in the County of Wilts.

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

It was Resolved in the Affirmative.

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

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

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

Adjourn.

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