House of Lords Journal Volume 23
April 1727, 11-20

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History of Parliament Trust

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Year published

1767-1830

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95-110

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'House of Lords Journal Volume 23: April 1727, 11-20', Journal of the House of Lords volume 23: 1727-1731 (1767-1830), pp. 95-110. URL: http://british-history.ac.uk/report.aspx?compid=113914 Date accessed: 22 July 2014.


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April 1726, 11-20

DIE Martis, 11o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Ancaster, Magnus Camerarius.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Berkshirc.
Comes Winchilsea.
Comes Scarsdale.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Cholmondeley.
Comes Rothes.
Comes Buchan.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Strafford.
Comes Macclesfield.
Viscount Townshend.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Bruce.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Hay.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Lechmere.

PRAYERS.

Guidott's Answer.

This Day the Answer of William Guidott Esquire, to the Appeal of Sarah Dutchess Dowager of Marlborough, Francis Earl of Godolphin, William Clayton, and John Hanbury, Esquires, was brought in.

Attorney General, at the Relation of Archbishop Cashell & al. aganist The King's Serjeant:

Counsel were called in, to be further heard, in the Cause wherein His Majesty's Attorney General, at the Relation of the Archbishop of Cashell and others, is Appellant, and His Majesty's Serjeant at Law Respondent.

And the Respondent's Counsel having been fully heard:

And several Proofs in the Cause read:

And Mr. Godfrey, ordered Yesterday to be brought to the House, being examined, upon Oath, at the Bar:

And the Appellants Counsel having replied:

It was proposed, "To direct, that after the Declaration of the Court of Chancery, contained in the Order of that Court, complained of in this Appeal, That the said Mr. Godfrey is Debtor in this Cause Two Thousand Five Hundred Eighty-nine Pounds, Eighteen Shillings, and Eight Pence," these Words be added; (videlicet,) ["And also with Interest for the Sum of Two Thousand Five Hundred Pounds, Part thereof, to be computed from the Twenty-fifth of March 1724, at such Rate as South Sea Bonds carried Interest during that Time"].

After Debate;

The Question was put, upon the said Proposition.

And it was Resolved in the Negative.

Then the following Order and Judgement was made:

Order affirmed.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of His Majesty's Attorney General, at the Relation of William Lord Archbishop of Cashell and others; complaining of an Order of the Court of Chancery, of the Thirteenth Day of December last, whereby the said Court disallowed full Interest for Money paid into the Hands of Mr. Godfrey, One of the late Masters of the said Court; and praying, "That the said Order may be reversed; and that sull Interest may be allowed, as in the said Appeal is mentioned; or that the Appellants may be relieved, as the House shall think fit:" As also upon the Answer of Sir John Cheshyre, His Majesty's Serjeant at Law, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Order therein complained of be, and the same is hereby, affirmed."

Cirencestor Highways to repau, Bill.

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

With a Bill, intituled, "An Act for repairing the Roads leading from Cirencester Town's-end to St. John's Bridge, in the County of Gloucester;" to which they desire the Concurrence of this House.

Bristol Roads to amend, Bill.

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

With a Bill, intituled, "An Act for amending the several Roads leading from the City of Bristol;" to which they desire the Concurrence of this House.

Birmingham Roads to repan, Bill.

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

With a Bill, intituled, "An Act for repairing the several Roads leading from Birmingham, through the Town of Wednesbury, to a Place called High Bullen, and to Great Bridge, and from thence to the End of Gibbet Lane, next adjoining to the Township of Bilson, and from Great Bridge, through Dudley, to King's Winsford, and to the further End of Brittell Lane, in the Counties of Warwick, Stafford; and Worcester;" to which they desire the Concurrence of this House.

River Dunn Navigation Bill.

A Message was brought from the House of Commons, by Sir Thomas Sanderson and others:

With a Bill, intituled, "An Act for improving the Navigation of the River Dunn, from a Place called Holme Stile, in the Township of Doncaster, in the County of York, to Wilsick House, in the Parish of Barmby Dunn, in the said County;" to which they desire the Concurrence of this House.

Road from Warrington to Wigan to repan, Bill.

A Message was brought from the House of Commons, by Sir Thomas Lowther and others:

With a Bill, intituled, "An Act for repairing, widening, and amending, the Road from Warrington to Wigan, in the County of Lancaster;" to which they desire the Concurrence of this House.

Studley Bridge Road to repair, Bill.

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

With a Bill, intituled, "An Act for repairing the Road leading from Studley Bridge, through Chippenham, in the County of Wilts, to the Top of Toghill, in the County of Gloucester;" to which they desire the Concurrence of this House.

The Six last mentioned Bills were severally read the First Time.

Causes put off.

Whereas this Day was appointed, for hearing the Cause wherein Simon Lord Lovat is Appellant, and Sir James Mackenzie and others are Respondents:

It is Ordered, That the Hearing the said Cause be adjourned to Thursday next; and the other Causes re moved One Cause-day in Course.

L. Southwell's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Thomas now Lord Southwell, and his Trustees, to raise Money, by making Leases for Lives renewable for ever, and Fee Farms, and by Sale or Mortgage of certain Lands and Hereditaments, in the County of Limerick, in the Kingdom of Ireland, for the Payment of Debts and Legacies; and 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, Mr. Masham and Mr. Burroughs:

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

Roads from Wigan to Preston to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing, widening, and amending, the Roads from Wigan to Preston, in the County of Lancaster."

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

Ds. Trevor, C. P. S.
Dux Montagu.
Dux Greenwich.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Cholmondeley.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Strafford.
Comes Macclesfield.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Epus. Dunelm.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Bristol.
Epus. Cestriens.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Hay.
Ds. Masham.
Ds. Bathurst.
Ds. Lechmere.

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

Lady Effingham versus Napier & al. Motion for a Bye-day.

The House being moved, "That a Bye-day may be appointed, for hearing the Cause wherein Elizabeth Lady Dowager Effingham is Appellant, and Sir John Napier Baronet and others are Respondents:"

It is Ordered, That this House will To-morrow take the said Motion into Consideration; and the Lords to be summoned.

Adjourn.

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

DIE Mercurii, 12o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Oxon.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Bangor.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.
Epus. Cestriens.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Rutland.
Dux Roxburgh.
Dux Kent.
Dux Ancaster, Magnus Camerarius.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Winchilsea.
Comes Chesterfield.
Comes Sunderland.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Sussex.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Townshend.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Hay.
Ds. Masham.
Ds. Lechmere.

PRAYERS.

Cuningham versus Preston & al.

This Day the joint and several Answers of George Preston of Valeyfield Esquire and others, to the Appeal of Henry Cuninghame of Buquhan Esquire, was brought in.

Haddenham Level to drain, Bill:

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for the effectual Draining and Preservation of Haddenham Levell, in the Isle of Ely," was committed: "That they had considered the said Bill, and gone through the same, and directed him to report the Bill to the House, without any Amendment:"

Then the said Bill was read the Third Time.

And the Question being put, Whether this Bill shall pass?"

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Masham and Mr. Burroughs:

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

Road from Warrington to Wigan to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing, widening, and amending, the Road from Warrington to Wigan, in the County of Lancaster."

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

Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Kent.
Dux Greenwich.
Dux Manchester.
Comes Lincoln.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Sussex.
Comes Macclesfield.
Vis. Say & Scale.
Vis. Cobham.
Vis. Falmouth.
Arch. Ebor.
Epus. Dunelm.
Epus. Oxon.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Waldegrave.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Hay.
Ds. Masham.
Ds. Lechmere.

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

Cirencester Highways to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Roads leading from Cirencester Town'send to St. John's Bridge, in the County of Gloucester."

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

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

Bristol Roads to amend, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for amending the several Roads leading from the City of Bristol."

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

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

River Dunn Navigation Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for improving the Navigation of the River Dunn, from a Place called Holmestile, in the Township of Doncaster, in the County of York, to Wilsick House, in the Parish of Barmby Dunn, in the said County."

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

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

Cuningham versus Preston & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Henry Cuninghame of Buquhan Esquire is Appellant, and George Preston Younger of Valeyfield Esquire 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.

Studley Bridge Road to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Road leading from Studley Bridge through Chippenham, in the County of Wilts, to the Top of Togbill, in the County of Gloucester."

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

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

Birmingham Roads to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the several Roads leading from Birmingham, through the Town of Wednesbury, to a Place called High Bullen, and to Great Bridge, and from thence to the End of Gibbet Lane next adjoining to the Township of Bilson, and from Great Bridge, through Dudley, to King's Winsford, and to the further End of Brittell Lane, in the Counties of Warwick, Stafford, and Worcester."

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

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

Errington's Pet to make a new Respondent to his Appeal.

Upon reading the Petition of William Errington Gentleman; praying, "That he may be at Liberty to amend his Appeal, by striking out the Name of Ralph Soulby, One of the Respondents, who was only a Trustee in the Matters in Question, and is dead; and inserting in his Stead the Name of Christopher Soulby, Son and Heir of the said Ralph Soulby; and that he may be ordered to put in his Answer to the said Appeal:"

It is Ordered, That the said Petition do lie on the Table, no Proof being offered of the Allegations of the said Petition.

Dillon's Pet to being forward his Appeals to be considered.

Upon reading the Petition of Robert Dillon Esquire and Susanna Lady Sbaen his Wife; praying, "That both their Appeals may be forwarded, and appointed to be heard on some sooner Day this present Session than they now stand appointed, in regard to the particular Circumstances of the Case; the Respondents Agent being willing to consent:"

And thereupon John Burke and John Dillon the Appellants (fn. 1) Agent, and also the Respondents Solicitors, being called in:

And the said Two Agents being examined upon Oath, in relation to the Allegations of the said Petition:

And being withdrawn:

It is Ordered, That this House will To-morrow take the said Petition into Consideration, with respect to the appointing a Bye-dye for hearing the said Appeals; and the Lords to be summoned.

Rivers Wye and Lugg Navigation Bill.

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

With a Bill, intituled, "An Act for explaining and amending an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty King William the Third, intituled, "An Act for making navigable the Rivers Wye and Lugg, in the County of Hereford;" and for making the same more effectual," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Shipwrecked Mariners Relief, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more equal paying and better collecting certain small Sums of Money, for the Relief of Shipwrecked Mariners and distressed Persons, His Majesty's Subjects, in the Dominions of the Great Duke of Tuscany; and for other pious and charitable Purposes usually contributed to by the Merchants trading to Leghorn."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next; and the Lords to be summoned.

Lady Essingham versus Napier & al.:

The House (according to Order) took into Consideration the Motion made Yesterday, for appointing a Byeday, for hearing the Cause wherein Elizabeth Lady Dowager Effingham is Appellant, and Sir John Napier Baronet and others are Respondents.

Hearing appointed on a Bye-day.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday the Two and Twentieth Day of this Instant April, at Eleven a Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum tertium diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 13o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Bangor.
Epus. Norwic.
Epus. Menevens.
Epus. Bristol.
Epus. Landav.
Epus. Cestriens.
Ds. King, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Roxburgh.
Dux Kent.
Dux Ancaster, Magnus Camerarius.
Dux Greenwich.
Comes Lincoln.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Winchilsea.
Comes Scarsdale.
Comes Sandwich.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Rothes.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Deloraine.
Comes Oxford.
Comes Strafford.
Comes Uxbridge.
Comes Sussex.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Percy.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Brooke.
Ds. Maynard.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Waldegrave.
Ds. Weston.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bingley.
Ds. Cadogan.

PRAYERS.

Governors of Bridewell versus Pugh & Ux.

This Day the Answer of Evan Pugh and Mary his Wife, to the Appeal of the Mayor, Commonalty, and Citizens, of the City of London, Governors of the Possessions, Revenues, and Goods, of the Hospital of Edward late King of England the Sixth, of Christ, Bridewell, and St. Thomas the Apostle, was brought in.

Farewell et Ux. versus Cokers.

Upon reading the Petition and Appeal of Nathaniel Farewell and Susannah his Wife; complaining of so much of a Decree of the Court of Chancery, of the Sixteenth Day of July 1726, as is defective, in not either ordering Possession of the Lands in Question to be delivered to the Petitioners, or not ordering that neither Party should have taken any Benefit of the Limitation to Trustees, in a Settlement of the Sixteenth of June, 32o Caroli 2d Regis, for Ninety-nine Years; as also of a Decree of the said Court of the Twenty-fifth of February last, in certain Causes, wherein the Petitioners were Plaintiffs, and William Coker Esquire and Thomas Coker were Defendants; et è contra; and praying, "That the same may be reversed, varied, and amended:"

And thereupon Mr. David Thomas being called in, and sworn; he attested, "The said Decretal Order was not entered till this Day."

And being withdrawn:

It is Ordered, That the said William Coker and Thomas Coker may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the Twenty-seventh Day of this Instant April.

No more Appeals to be received this Session.

Ordered, That no more Appeals be received during this Session of Parliament.

Dillon's Appeals:

The House (according to Order) proceeded to take into Consideration the Petition of Robert Dillon Esquire and Susanna Lady Shaen his Wife; praying, "That the Hearing their Appeals may be forwarded, in regard to the particular Circumstances of the Case, left the same should not otherwise be heard this Session."

And the said Petition being again read:

Hearing brought forward.

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

L. Lovat versus Mackenzie et al.:

After hearing Counsel, upon the Petition and Appeal of Simon Lord Lovat; complaining of several Interlocutors of the Lords of Session in Scotland, of the Eighteenth of February 1724, and the Twentieth, Twentyfifth, Twenty-sixth, and Twenty-ninth Days of July last, made on the Behalf of Sir James Mackenzie of Royston, and Roderick Mackenzie Second Son to Alexander Mackenzie late of Frazerdale, and Sir James Sinclair of Dunbeath his Guardian, and Mrs. Emelia and Mrs. Margaret Frazers, Infant Daughters of the said Alexander Mackenzie; and the said Alexander Mackenzie as their Guardian, Mr. William Scott Professor of Greek in the College of Edinburgh, and James, Robert, William, George, John, Margaret, Marion, Agnes, Jean, and Hellen Scotts, his Children, by Elizabeth Wife of the said William Scott, deceased, Alexander Mackenzie of Garloch, Roderick Macleod of Cadboll, Kenneth Mackenzie Writer in Edinburgh, and John Paterson of Prestonhall Esquire; and praying, "That the said Interlocutors may be reversed:" As also upon the several Answers of the said Sir James Mackenzie and the other Parties abovementioned put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed, with Costs.

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

Rivers Wye and Lugg Navigation Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for explaining and amending an Act passed in the Seventh and Eighth Years of the Reign of His late. Majesty King William the Third, intituled, "An Act for making navigable the Rivers Wye and Lugg, in the County of Hereford; and for making the same more effectual."

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

Dux Dorset, Senescallus.
Dux Kent.
Dux Greenwich.
Comes Lincoln.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Scarsdale.
Comes Sandwich.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Findlater.
Comes Aberdeen.
Comes Oxford.
Comes Strafford.
Comes Uxbridge.
Comes Sussex.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Arch. Ebor.
Epus. Dunelm.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Bangor.
Epus. Norwic.
Epus. Bristol.
Epus. Cestriens.
Ds. Percy.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Brooke.
Ds. Maynard.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Waldegrave.
Ds. Weston.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bingley.
Ds. Cadogan.

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

Adjourn.

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

DIE Veneris, 14o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Asaphens.
Epus. Oxon.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.
Epus. Cestriens.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Mancbester.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Berks.
Comes Winchilsea.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Sutherland.
Comes Buchan.
Comes Findlater.
Comes Aberdeen.
Comes Orkney.
Comes Strafford.
Comes Bristol.
Comes Sussex.
Comes Macclesfield.
Comes Graham.
Viscount Say & Seale.
Viscount Harcourt.
Ds. Abergavenny.
Ds. Craven.
Ds. Carteret.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.

PRAYERS.

Johnson et al. versus Ward and Fenn.

This Day the Answer of John Ward and Henry Fenn Esquires, to the Appeal of Margaret Johnson Widow and others, was brought in.

Bromsgrove Reads to repair, Bill.

A Message was brought from the House of Commons, by Sir Thomas Lyttleton and others:

With a Bill, intituled, "An Act for repairing the Roads leading from the Town of Bromsgrove to the Town of Dudley, in the County of Worcester, and from the said Town of Bromsgrove to the Town of Birmingham, in the County of Warwick;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Kinaston et Ux. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of William Kinaston Esquire, One of the Masters of the High Court of Chancery, and Dorothy his Wife, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of William Kinaston Esquire; and for settling other Part thereof to the Uses therein mentioned."

Noke versus Darby et Ux.:

After hearing Counsel, upon the Petition and Appeal of James Noke of London Merchant, Executor and Residuary Legatee of Judith Medlicot Widow; complaining of a Decree of the Court of Exchequer, of the Sixteenth of July 1723, and the Affirmance thereof the Tenth of June 1725, made on the Behalf of Richard Darby and Selwyn his Wife; and praying, "That the same may be reversed:" As also upon the Answer of the said Richard Darby and his Wife put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Decree and Affirmance affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree, and the Affirmance thereof, therein complained of, be, and the same are hereby, affirmed.

Malt Duties, &c. Bill.

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

With a Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Twenty-seven; and for appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Monday next; and the Lords to be summoned.

Number of Causes to be heard this Session.

Ordered, That no more than the Ten Causes which stand to be heard, successively in Course, shall be heard this Session.

Adjourn.

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

DIE Lunæ, 17o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Asaphens.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Rutland.
Dux Montagu.
Dux Roxburgh.
Dux Kent.
Dux Newcastle.
Dux Greenwich.
Dux Bridgewater.
Comes Lincoln.
Comes Warwick.
Comes Denbigh.
Comes Berks.
Comes Sandwich.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Maynard.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Boyle.
Ds. Hay.
Ds. Foley.
Ds. Bingley.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

Message from H. C. to return the Poor of Gloucester Bill.

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

To return the Bill, intituled, "An Act for repealing Part, and making more effectual the Residue, of an Act of Parliament made in the First Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for the incorporating certain Persons, for the better providing for, and setting at Work, the Poor in the City of Gloucester;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Woollen Manufactures to regulate, Bill.

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

With a Bill, intituled, "An Act for the better Regulation of the Woollen Manufacture, and for preventing Disputes among the Persons concerned therein; and for limiting a Time for prosecuting for the Forfeiture appointed by an Act of the Twelfth Year of His Majesty's Reign, in Case of Payment of the Workmen's Wages in any other Manner than in Money;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Road from Warrington to Wigan to repair, Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill intituled, "An Act for repairing, widening, and amending, the Road from Warrington to Wigan, in the County of Lancaster," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Roads from Wigan to Preston to repair, Bill.

The Lord Bishop of Norwich also reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing, widening, and amending, the Roads from Wigan to Preston, in the County of Lancaster," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Kinaston's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of William Kinaston Esquire; and for settling other Part thereof to the Uses therein mentioned."

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

Ds. Trevor, C. P. S.
Dux Montagu.
Dux Kent.
Dux Greenwich.
Comes Lincoln.
Comes Warwick.
Comes Denbigh.
Comes Sandwich.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Sussex.
Comes Macclesfield.
Vis. Say & Seale.
Vis. Falmouth.
Vis. Harcourt.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Bristol.
Epus. Cestriens.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Maynard.
Ds. Lynne.
Ds. Carteret.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Boyle.
Ds. Foley.
Ds. Bingley.
Ds. Ducie.
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.

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

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

To return the Bill, intituled, "An Act for Sale of certain Houses and Lands, in the Town and Liberties of Bridgnorth, in the County of Salop, contained in the Marriage Settlement of John Yate Gentleman; and for the parchasing and settling other Lands, of as great Yearly Value, to the same Uses;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Warminster Roads to repair, Bill.

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

With a Bill, intituled, "An Act for repairing the several Roads leading from the Town of Warminster, in the County of Wilts;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bromsgrove Roads to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Roads leading from the Town of Bromsgrove to the Town of Dudley, in the County of Worcester; and from the said Town of Bromsgrove to the Town of Birmingham, in the County of Warwick."

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 Wednesday Morning next, at the same Place; and to adjourn as they please.

M'Culloch versus M'Culloch:

After hearing Counsel, upon the Petition and Appeal of David M'Culloch of Pilton Esquire; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, made the Nineteenth of February 1723/24, the Third, Eighteenth, and Days of July 1724, the First of January; and the Affirmances thereof, and the Interlocutory of the Twentieth of February 1724/25, in a Cause wherein Christian M'Culloch was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said Christian M'Culloch put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the several Interlocutory Sentences, and the Affirmances thereof, therein complained of, be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondent, the Sum of Eighty Pounds, for her Costs in respect of the said Appeal.

River Weaver Navigation, Bill.

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

With a Bill, intituled, "An Act for repealing an Act passed in the Seventh Year of His Majesty's Reign, for making the River Weaver navigable, from Frodsham Bridge to Winsford Bridge, in the County of Chester; and for the more speedy and effectual carrying on and perfecting the Navigation of the said River, from Frodsham Bridge to Northwich; and also for compleating the Navigation of the River Daven, alias Dane, from Northwich, where it joins the said River Weaver, to the falling in of Wheelock Brooke, and Wheclock Brooke, to Wheelock Bridge, in the said County of Chester;" to which they desire the Concurrence of this House.

Bedford Roads to repair, Bill.

A Message was brought from the House of Commons, by Sir Rowland Alston and others:

With a Bill, intituled, "An Act for amending and repairing the Roads from Luton, in the County of Bedford, to Westwood Gate, in the said County;" to which they desire the Concurrence of this House.

The Two last mentioned Bills were severally read the First Time.

Messages from H. C. with a Bill; and to return the D. of Dorset's Bill.

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

To return the Bill, intituled, "An Act to enable an Exchange to be made, between Lionel Duke of Dorset and the Trustees of Henry Smith Esquire, deceased, of Sixteen Acres Seventeen Perches and an Half of Land and Coppice, lying near Knole Park, in the County of Kent, of the Value of Eight Pounds per Annum, for a Rent Charge of Ten Pounds a Year, Part of a Fee-farm Rent of Forty Pounds per Annum, out of the Manor of Heddington, with the Hundred of Bullingdon, in the County of Oxford;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Thornton's Bill.

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

With a Bill, intituled, "An Act for vesting in Trustees a Messuage and Garden, in the Parish of St. Catherine Coleman, London, the Estate of Robert Thornton and Hannah his Wife, to be sold, on settling an Estate of greater Value to the same Uses;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Thornton's Bill referred to Judges.

Upon the First Reading of the said Bill, it is Ordered, That the Consideration thereof be, and is hereby, referred to Mr. Justice Price and Mr. Baron Hale; who are forthwith to summon all Parties that are to be concerned therein; and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Malt Duties, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Twentyseven; and for appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow; and the Lords to be summoned; and that the Hearing the Cause wherein Arthur Earl of Anglesey is Appellant, and Abel Ram Esquire Respondent, appointed for that Day, be adjourned to Wednesday next; and the other Causes removed One Day in Course.

Message from H. C. to return Breton's Bill.

A Message was brought from the House of Commons, by Sir Thomas Hales and others:

To return the Bill, intituled, "An Act for vesting Part of the Estate of Moyle Breton Esquire in Trustees, to be sold, for raising Three Thousand Pounds, charged on other Part of the same Estate; and for other the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Adjourn.

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

DIE Martis, 18o die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Oxon.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menev.
Epus. Cicestriens.
Epus. Cestriens.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Montagu.
Dux Roxburgh.
Dux Kent.
Dux Ancaster, Magnus Camerarius.
Dux Newcastle.
Dux Greenwich.
Dux Bridgewater.
Comes Lincoln.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Berks.
Comes Winchilsea.
Comes Chesterfield.
Comes Sunderland.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Cardigan.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Viscount Torrington.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Brooke.
Ds. Maynard.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Gower.
Ds. Boyle.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

Message from H. C. to return Turnour's Bill.

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

To return the Bill, intituled, "An Act to vest the Manors of Great Hallingbury and Little Hallingbury, Wallbury, and Monkbury, and the Forest or Chace in the Parish of Hatfield, in the County of Essex; and also the Manor or Lordship of Bluntshall, in the County of Suffolk, and the Manor or Lordship of Winterton in the County of Norfolk, in Trustees, to be sold, for the Payment of the Debts to which the same are subject by virtue of the Will of Sir Edward Turnour Knight, deceased; and for laying out the Surplus of the Money, if any, arising by such Sale, in the Purchase of Lands, to be settled to the Uses mentioned in the Will of the said Sir Edward Turnour;" and to acquaint this House, that they have agreed to the said Bill, with some Amendments, whereunto they desire their Lordships Concurrence.

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

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

Message from thence to return the Bill for enclosing the Common Fields in Scarcliffe.

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

To return the Bill, intituled, "An Act for appointing Commissioners, to make a Division of certain Common Fields and Wastes, in the Townships of Scarcliffe and Palterton, in Derbyshire, among the Proprietors, in order to enclose the same;" and to acquaint this House, that they have agreed to the same, without any Amendment.

The several Orders of the Day being read:

Transportation of Felons, Bill.

It is Ordered, That the House be put into a Committee upon the Bill, intituled, "An Act to enforce the Laws for the Transportation of Felons, and for preventing their Return to Great Britain; and for carrying on Criminal Prosecutions at the Expence of the County where the Offence is committed," on Friday next; and the Judges to attend; and the Lords to be summoned.

Shipwrecked Manners Relief, Bill.

Ordered, That the House be put into a Committee upon the Bill, intituled, "An Act for the more equal paying and better collecting certain small Sums of Money, for the Relief of Shipwrecked Mariners and distressed Persons, His Majesty's Subjects, in the Dominions of the Great Duke of Tuscany; and for other pious and charitable Purposes, usually contributed to by the Merchants trading to Leghorn," on this Day Sevennight; and the Lords to be summoned.

Malt Duties, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Twenty-seven; and for appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."

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."

Ordered, That the said Bill be read the Third Time To-morrow, at One a Clock; and the Lords to be summoned.

River Dunn Navigation, Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for improving the Navigation of the River Dunn, from a Place called Holmestile, in the Township of Doncaster, in the County of York; to Wilsick House, in the Parish of Barmby Dunn, in the said County," was committed: "That they had gone through the said Bill, and directed him to report the same, with some Amendments."

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

Cirencester Roads to repair, Bill:

The Earl of Warrington reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Roads leading from Cirencester Town'send to St. John's Bridge, in the County of Gloucester," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Studley Bridge Road to repair, Bill:

The Earl of Warrington also reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road leading from Studley Bridge, through Chippenham, in the County of Wilts, to the Top of Toghill, in the County of Gloucester," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

The said Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Masham:

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

Bristol Roads to repair, Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for amending the several Roads leading from the City of Bristol," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Birmingham Roads to repair, Bill.

The Lord Bishop of Norwich also reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the several Roads leading from Birmingham, through the Town of Wednesbury, to a Place called High Bullen, and to Great Bridge, and from thence to the End of Gibbet Lane next adjoining to the Township of Bilson, and from Great Bridge, through Dudley, to King's Winsford, and to the further End of Brittell Lane, in the Counties of Warwick, Stafford, and Worcester," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Bedford Roads to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for amending and repairing the Roads from Luton, in the County of Bedford, to Westwood Gate, in the said County."

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

Ds. Trevor, C. P. S.
Dux Richmond.
Dux Bolton.
Dux Montagu.
Dux Kent.
Dux Greenwich.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Chesterfield.
Comes Scarsdale.
Comes Sandwich.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Aylesford.
Comes Sussex.
Comes Macclesfield.
Viscount Lonsdale.
Viscount Harcourt.
Viscount Torrington.
Arch. Ebor.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cestriens.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Brooke.
Ds. Maynard.
Ds. Lynne.
Ds. Carteret.
Ds. Guilford.
Ds. Ashburnham.
Ds. Boyle.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Ducie.
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.

River Weaver Navigation Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repealing an Act passed in the Seventh Year of His Majesty's Reign, for making the River Weaver navigable, from Frodsham Bridge to Winsford Bridge, in the County of Chester; and for the more speedy and effectual carrying on and perfecting the Navigation of the said River, from Frodsham Bridge to Northwich; and also for compleating the Navigation of the River Daven, alias Dane, from Northwich, where it joins the said River Wcaver, to the falling-in of Wheelock Brook, and Wheelock Brook, to Wheelock Bridge, in the said County of Chester."

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

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

Warminster Roads to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the several Roads leading from the Town of Warminster, in the County of Wilts."

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

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

Adjourn.

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

Die Mercurii, 12o Julii, 1727, hitherto examined by us,

Sandwich.
Jo. Carliol.
Jo. Norwich.
De Lawarr.

DIE Mercurii, 19o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Leeds.
Dux Roxburgh.
Dux Kent.
Dux Ancaster Magnus Camerarius.
Dux Newcastle.
Dux Greenwich.
Dux Bridgewater.
Comes Lincoln.
Comes Warwick.
Comes Denbigh.
Comes Winchilsea.
Comes Scarsdale.
Comes Sandwich.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Cobham.
Viscount Harcourt.
Viscount Torrington.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Brooke.
Ds. Maynard.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Gower.
Ds. Boyle.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

Sir Jermyn Dewes versus Norton.

This Day the Answer of Thomas Norton Esquire, to the Appeal of Sir Jermyn Dewes Baronet, was brought in.

Mayor & al. of Leverpoole to be heard, in relation to the River Weaver Bill:

Upon reading the Petition of the Mayor, Aldermen, Merchants, and other Traders, of the Port Town of Leverpoole; praying, "That they may be heard, by their Counsel, in relation to the Bill for repealing an Act passed in the Seventh Year of His present Majesty's Reign, for making the River Weaver navigable, before the same be passed; and that this House will not suffer any other or larger Duty to be laid on the Trade, than what is necessary for perfecting and supporting the said Navigation:"

It is Ordered, That the said Petition be referred to the Consideration of the Lords Committees to whom the said Bill stands committed; and that the Petitioners may be heard, by their Counsel, as desired, before the said Committee; and that Counsel may be heard for the said Bill at the same Time.

Palmer's Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming a Sale made by Anthony Palmer to Lewis Buckle Esquire, of certain Copyhold Lands and Hereditaments, Parcel of the Manor of Eastmeon, in the County of Southampton; and for settling other Copyhold Lands and Hereditaments, Parcel of the same Manor, of as great or greater Value, to the same Uses as the said Lands so sold now stand limited, was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Bromsgrove Roads, to repair, Bill.

The Lord Bishop of Norwich also reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Roads leading from the Town of Bromsgrove to the Town of Dudley, in the County of Worcester; and from the said Town of Bromsgrove to the Town of Birmingham, in the County of Warwick," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Causes put off.

Whereas this Day was appointed, for hearing the Cause wherein Arthur Earl of Anglesey is Appellant, and Abel Ram Esquire Respondent:

It is Ordered, That the Hearing the said Cause be adjourned till To-morrow; and the other Causes removed One Day in Course.

Holland's Petition, to hear Cromy's Appeal, to lie on the Table.

Upon reading the Petition of Mary Holland, alias Ash, Widow, Respondent to the Appeal of Elizabeth Cromy Widow; praying, "In regard to the particular Circumstances of the Petitioner's Case, that a short Day may be appointed, for hearing the said Appeal:"

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

Hart's Petition, for S S. Company's Books to be produced.

Upon reading the Petition of Moses Hart, Respondent to the Appeal of Thomas Harrison Esquire; praying, "That the proper Officers or Clerks belonging to The South Sea House may attend this House, at the Hearing the said Appeal, with the several Books and Particulars following; (videlicet,) the Book in which are entered the Resolutions of the Court of Directors, touching the taking-in the First Subscription for Long Annuities, and Fourteen per Cent. Annuities in the Year One Thousand Seven Hundred and Twenty; the Book in which the Original Subscriptions are entered in the same Year; the several Leidgers wherein the Petitioner's Accompts of Stock in the Year One Thousand Seven Hundred and Twenty are entered, as well Original Stock as the Stock arising from the Petitioner's Subscription; the Books wherein the Annuity Orders delivered in pursuant to Subscriptions are entered as received, in the same Year One Thousand Seven Hundred and Twenty; the Journal Book of the same Year; and the Transfer Books of the same Year:"

It is Ordered, That the said Officers or Clerks do attend this House, with the said Books and Leidgers, at the Hearing the said Appeal, according to the Prayer of the said Petition.

Malt Duties, &c. Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Twenty-seven; and for appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."

After Debate;

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

It was Resolved in the Affirmative.

Protest against it.

"Dissentient:

"1st, Because in this Bill it is enacted, That, out of the Aids or Supplies granted this Session of Parliament, there shall and may be, from Time to Time, issued and applied such Sum or Sums of Money as shall be necessary for and towards answering and defraying such Expences and Engagements as have at any Time been, or shall, before or until the 25th Day of December 1727, be made by His Majesty, in concerting such Measures as He in His great Wisdom thinks will best conduce to the Security of the Trade and Navigation of this Kingdom, and to the preserving and restoring the Peace of Europe; which Clause, we think, is inconsistent with that Part of the Bill which forbids the Supplies to be issued to any other Purposes than those specified, and renders ineffectual that Appropriation of the Public Money which the Wisdom of many Parliaments has thought, and we are convinced ought to be thought, a necessary Security against the Misapplication of it.

"2dly, Because there is no Provision in the Bill, to oblige any Person to give an Accompt of any Money that shall be disposed of by Virtue of the Power in this Clause.

"3dly, Because there are sufficient Sums granted to answer every particular Purpose that Money can be wanted for, as far as our present Views can reach; and if any unforeseen Emergency should demand a further Supply, we should think that might be provided for, as has been formerly practised, when Necessity required: And we are persuaded this might be done with less Inconvenience than by this Dele gation of almost a Dictatorial Authority, at least till the Parliament could be called together, who have given so many Instances of their Zeal for His Majesty, that He could have no room to doubt of their Readiness to make good whatever He should have expended for the Advantage of His People.

"4thly, Because we think that absolute Powers ought to be given, in a free Government, only upon Occasions of evident Necessity, and when the very Being of the Government is in Danger: And though we allow our present Circumstances to be as melancholy as they have almost at any Time been, yet we think it a very improper Remedy for our present State to depart from the approved, and, in our Judgement, essential Forms of giving the Public Money; nor can we be persuaded that it is the only, or even the best, Expedient that can be found, to extricate us out of our unhappy Situation, to repose such a Confidence in the Crown, in the Disposition of immense Sums of Money, as may, by the Advice of wicked and uncapable Ministers (if it should be our Misfortune ever to have such), be attended with great Prejudice to our Properties, and great Danger to our Liberties; with the Hopes of the Preservation of which we cannot flatter ourselves, but by a strict Adherence to those excellent Parliamentary Methods of granting all Sums of Money only upon Estimates, and for Services publicly avowed.

"5thly, Because the Precedents that were offered, to justify this Clause, were far from giving us any Satisfaction; for if they had been plain and full to the Point (which we think they were not), yet, in our Opinions, ought not to be followed, lest Clauses of the same Nature might become too frequent, and left an unlimited Power in the Crown, to raise Millions on our Fellow-subjects, might be looked upon by Degrees as a Thing of Course; and so at last the total Power to levy and dispose of the People's Money be given to One Part of the Legislature, which, by our wise Constitution, is, and with Safety can only be, lodged in the Whole.

"Strafford.
Aberdeen.
Warrington.
Scarsdale.
Craven.
Coventry.
Oxford & Mortimer.
Foley.
Litchfield.
Brooke.
Boyle.
Gower.
Bingley.
Lechmere.
Aylesford.
Maynard.
Bathurst."

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

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

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

Freeholders of Chester versus River Weaver Bill.

Upon reading the Petition of John Daniell and William Blackburne Esquires, for themselves, and in Behalf of Charles Duckenfield, Thomas Butterworth, and John Reddish, Esquires, and others, Gentlemen and Freeholders of the County of Chester; praying, "That they may be heard, by their Counsel, against the Bill for repealing an Act passed in the Seventh Year of His present Majesty's Reign, for making the River Weaver navigable, before the same be passed:"

It is Ordered, That the said Petition be referred to the Consideration of the Lords Committees to whom the said Bill stands committed; and that the Petitioners may be heard, by their Counsel, as desired, before the said Committee.

Adjourn.

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

DIE Jovis, 20o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Petriburg.
Epus. Gloucestr.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cestriens.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Kent.
Dux Ancaster, Magnus Camerarius.
Dux Bridgewater.
Comes Pembroke.
Comes Winchilsea.
Comes Scarsdale.
Comes Sandwich.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Aberdeen.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Sussex.
Viscount Say & Seale.
Viscount Harcourt.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Brooke.
Ds. Maynard.
Ds. Lynne.
Ds. Craven.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Gower.
Ds. Boyle.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Lechmere.

PRAYERS.

Smart versus Littell.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up the Transcript of the Record upon a Writ of Error, wherein Jonathan Smart Junior is Plaintiff, and John Eden Littell and George Sawbridge Littell are Defendants.

E. Anglesey versus Ram.

After hearing Counsel, upon the Petition and Appeal of Arthur Earl of Anglesey; complaining of a Decree of the Court of Exchequer in Ireland, of the Second Day of December last, in a Cause wherein the Appellant was Plaintiff, and Abel Ram Esquire Defendant; and praying, "That the same may be rectified, and the Appellant relieved:" As also upon the Answer of the said Abel Ram put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree reversed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree be reversed; and that a Commission be awarded, to ascertain the exact Quantity of Ground that is now in Medhope's Plot; and so far as that shall be deficient to make up Thirteen Acres, that the Commissioners do allot to the Appellant so much in Lieu thereof, out of the adjoining Grounds of the Respondent, as will make up that Deficiency; and that the Appellant shall enjoy the same to him and his Heirs; and that, after the Return of the said Commission, an Accompt be taken of the Rents, Issues, and Profits, of the said Lands that shall be so added to make up the said Deficiency, from the Time that Possession was delivered of Medhope's Plot; and that the Respondent do pay the same to the Appellant: And it is further Ordered, That the said Court of Exchequer do give the necessary Directions for carrying this Judgement into Execution, and make such further Order as shall be just.

Hucklecott Common Fields, to enclose, Bill:

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing the Common Fields in Hucklecott, in the Parish of Churchdowne, in the County of Gloucester," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

The said Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

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

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

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

Bedfordshire Road to repair, Bill:

The Lord Bishop of Norwich also reported from the Lords Committees to whom the Bill, intituled, "An Act for amending and repairing the Roads from Luton, in the County of Bedford, to Westfood Gate, in the said County, was Committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

The said Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

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

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

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

River Dunn Navigation Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for improving the Navigation of the River Dunn, from a Place called Holmestile, in the Township of Doncaster, in the County of York, to Wilsick House, in the Parish of Barmby Dunn, in the said County."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

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

Palmer's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming a Sale made by Anthony Palmer to Lewis Buckle Esquire, of certain Copyhold Lands and Hereditaments, Parcel of the Manor of Eastmeon, in the County of Southampton; and for settling other Copyhold Lands and Hereditaments, Parcel of the same Manor, of as great or greater Value, to the same Uses as the said Lands so sold now stand limited."

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. Thurston and Mr. Burroughs:

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

Bristol Roads to repair, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for amending the several Roads leading from the City of Bristol."

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. Thurston and Mr. Burroughs:

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

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein Robert Barker Gentleman is Appellant, and Nathaniel Gyles and others are Respondents:

It is Ordered, That the Hearing thereof be adjourned to Saturday next; and the other Causes removed One Day in Course.

Cirencester Roads to repair, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Roads leading from Cirencester Town's-end, to St. John's Bridge, in the County of Gloucester."

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

It was Resolved in the Affirmative.

Road from Warrington to Wigan, to repair, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing, widening, and amending, the Road from Warrington to Wigan, in the County of Lancaster."

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. Thurston and Mr. Burroughs:

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, vicesimum primum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic.