House of Lords Journal Volume 23
April 1728, 1-10

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History of Parliament Trust

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1767-1830

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231-240

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'House of Lords Journal Volume 23: April 1728, 1-10', Journal of the House of Lords volume 23: 1727-1731 (1767-1830), pp. 231-240. URL: http://british-history.ac.uk/report.aspx?compid=113927 Date accessed: 20 August 2014.


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April 1727, 1-10

DIE Lunæ, 1o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Bath & Well.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, C. P. S.
Dux St. Albans.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
March. Tweeddale.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Litchfield.
Comes Abingdon.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Hadinton.
Comes Findlater.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Viscount Say & Seale.
Viscount St. John.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Maynard.
Ds. Byron.
Ds. Craven.
Ds. Haversham.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Wilmington.

PRAYERS.

Moodie versus Stewart.

This Day the Answer of John Stewart Esquire, to the Appeal of Elizabeth Moodie, was brought in.

Lords take the Oaths.

John Duke of Montagu and John Lord Delawarr took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; having first delivered in Certificates of their receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Cherrington Common Fields to enclose, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for appointing Commissioners, to make a Division of certain Common Fields, Lands, and Wastes, in the Parish of Cheirington, in the County of Gloucester, among the Proprietors, in order to enclose the same," was committed: "That they had considered the said Bill, and gone through the same, and made several Amendments thereunto."

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

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

Basingstone Road to repair, Bill.

The Lord Delawarr likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road from The Powder Mills on Hounslow Heath, in the County of Middlesex, to a Place called Basingstone, near the Town of Bagshot, in the Parish of Windlesham, in the County of Surrey," 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."

Maddocks Pet. for a Bye-day, &c. considered:

The House (according to Order) proceeded to take into Consideration the Petition of Edward, Robert, Thomas, John, William, and Sarah Maddock, Infants, by Robert Maddock their prochein Amie, Respondents to the Appeal of John Staines; praying, "That a Bye-day may be appointed, for hearing the said Appeal; and that the said Appellant may be required to bring certain South Sea and East India Bonds before the Clerk, or give Security for the same:"

And thereupon the Petitioner's Father, and the Agents on both Sides, being called in;

And the Agents being sworn:

The Petitioner's Father, being a Quaker, was examined, on his solemn Affirmation, touching the Allegations of the said Petition.

And the said Agents being also examined in relation thereunto:

And that Part of the Appellant's Answer in Chancery, confessing the Bonds to be in his Custody;

And likewise that Part of the Decree which directs the bringing the Securities into the Bank; being read:

And the Parties being withdrawn:

Hearing appointed.

It is Ordered, That the Respondents have hereby Liberty, notwithstanding the Appeal, to prosecute in the Court of Chancery that Part of the Decree appealed from, which relates to the delivering over the Securities therein mentioned into the Bank of England; and that this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Eighteenth Day of this Instant April, at Eleven a Clock.

Doctors Commons versus Dean and Chapter of St. Paul's & al.:

The House also (according to Order) took into Consideration the Motion made on Thursday last, for appointing a Bye-day for hearing the Cause wherein John Bettesworth Doctor of Laws, Dean of the Arches, and others, are Appellants, and the Dean and Chapter of St. Paul's, London, and others, are Respondents.

And the Order of the Day for that Purpose being read:

Hearing appointed on a Bye-day.

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

L. W. Pawlett's Bill not to be proceeded in.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An Act for Relief of the Right Honourable the Lord William Powlett, One of the Tellers of His Majesty's Exchequer, in respect of a Sum of Money stolen out of his Office in the Year One Thousand Seven Hundred and Twenty-four."

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

And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto; but, upon Consideration of the Whole, find several Things contained in the said Bill unparliamentary and unprecedented, intrenching on the Rights and Privileges, and derogatory to the Honour, of the House; and therefore did not think fit to proceed any further in the Bill, without having the Direction of the House."

Ordered, That this House will proceed no further on Consideration of the said Bill.

E Shaftesbury's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to settle a Jointure on Susanna Countess of Shaftesbury, Wife of Anthony Earl of Shastesbury, in Lieu and Bar of her Dower, or Thirds at the Common Law."

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. Masham:

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

Sorell to enter into Recognizance for Murray.

The House being moved, "That Francis Sorell Esquire may be permitted to enter into a Recognizance for James Murray Merchant, on account of his Appeal depending in this House, to which David Erskine and others are Respondents; the Appellant residing in Scotland:"

It is Ordered, That that the said Francis Sorell may enter into a Recognizance for the said Appellant, as defired.

Adjourn.

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

DIE Martis, 2o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Ds. King, Cancellarius.
Ds. Trevor, C. P. S.
Dux Grafton, Camerarius.
Dux Kent.
Dux Newcastle.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Rothes.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Strafford.
Comes Macclesfield.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Ashburnham.
Ds. Weston.
Ds. Haversham.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Wilmington.

PRAYERS.

Cherrington Common Fields to enclose, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for appointing Commissioners, to make a Division of certain Common Fields, Lands, and Wastes, in the Parish of Cherrington, in the County of Gloucester, among the Proprietors, in order to enclose the same."

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. Masham:

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

Winckworth versus Najack.

Counsel were this Day called in, to be heard, upon the Petition and Appeal of John Winckworth Esquire; complaining of a Decree, or Decretal Order, of the Court of Chancery in Ireland, made the Ninth of July 1717; and also of Two subsequent Orders of that Court; and praying, "That the same may be reversed:" As also upon the Answer of Mark Anthony Najack put in to the said Appeal.

And Counsel being on both Sides heard accordingly;

And some Proofs in the Cause read:

And the Counsel being withdrawn:

It is Ordered and Adjudged, That the Decree, or Decretal Order, abovementioned, so far as the same is complained of, be affirmed: And it is also Ordered, That the further Hearing of this Cause be adjourned till To-morrow, at Eleven a Clock.

And then the Counsel were called in again, and acquainted by the Lord Chancellor with what the House had determined; and, "That their Lordships would proceed To-morrow to the further Hearing the other Matters complained of in the said Appeal."

Scourfield, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of William Scourfield the Elder Esquire, Catherine his Wife, and William Scourfield the Younger and Anne his Wife, and others, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Real Estates of William Scourfield the Elder Esquire, Catherine his Wife, and William Scourfield the Younger Esquire and Anne his Wife, in the Counties of Pembrocke and Brecon, in Trustees, to certain Uses therein mentioned."

Staines, Leave to amend his Appeal.

Upon reading the Petition of John Staines, Appellant in a Cause depending in this House, to which Edward, Robert, Thomas, William, and Sarah Maddock, Infants, by Robert Maddock their prochein Amie, are Respondents; praying, "In regard the Name of John Maddock was omitted in the Petitioner's Appeal, through Mistake, who is a necessary Party; and that the Date of the Decree of the Fifth of May 1724 is mistaken, and mentioned to be the Ninth of that Month; that the Petitioner may be at Liberty to amend his said Appeal, by rectifying such Mistakes:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, according to the Prayer of the said Petition; but this not to put off the hearing the same on the Day Yesterday appointed.

I anove, Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John Lanove."

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. Masham:

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

Adjourn.

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

DIE Mercurii, 3o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Lincoln.
Epus. Norwic.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, C. P. S.
Dux Montagu.
Dux Montrose.
Dux Newcastle.
March. Tweeddale.
Comes Northampton.
Comes Anglesey.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Sutherland.
Comes Findlater.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Sussex.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Tadcaster.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Maynard.
Ds. Bruce.
Ds. Ashburnham.
Ds. Haversham.
Ds. Montjoy.
Ds. Foley.
Ds. Bingley.
Ds. Ducie.
Ds. Wilmington.

PRAYERS.

E. Anglesey takes the Oaths.

This Day Arthur Earl of Anglesey took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Winckworth versus Najack.

Counsel (according to Order) were called in, to be further heard, upon the Petition and Appeal of John Winckworth Esquire; as also upon the Answer of Mark Anthony Najack put in thereunto:

And being heard accordingly;

And more Proofs in the Cause read:

And the Counsel being withdrawn:

It is Ordered and Adjudged, That the Order of the Court of Chancery in Ireland, complained of in the said Appeal, which allows the First Seven Exceptions taken to the Master's Report, be affirmed: And it is further Ordered, That this House will proceed to the further Hearing of this Cause To-morrow, at Eleven a Clock.

Scourfield's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Real Estates of William Scourfield the Elder Esquire, Catherine his Wife, and William Scourfield the Younger Esquire and Anne his Wife, in the Counties of Pembrocke and Brecon, in Trustees, to certain 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 Montrose.
March. Tweeddale.
Comes Northampton.
Comes Anglesey.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Sutherland.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Sussex.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Tadcaster.
Epus. Winton.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Lincoln.
Epus. Norwic.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.
Epus. Bangor.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Maynard.
Ds. Bruce.
Ds. Ashburnham.
Ds. Haversham.
Ds. Montjoy.
Ds. Foley.
Ds. Bingley.
Ds. Ducie.
Ds. Wilmington.

Their Lordships, or any Five of them; to meet on Thursday the Eighteenth 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.

Glegg's Pet. for a Bye-day to be considered.

Upon reading the Petition of Juliana Glegg, and Mary Glegg an Infant her Daughter, Respondents to the Appeal of William Glegg Esquire and Grace Glegg; praying, "In regard the said Appeal is brought for Delay; and lest the same should not come on this Session; and likewise in regard the Petitioner Mary is now Seventeen Years of Age, and destitute of Maintenance, pending the same; that a short Day may be appointed, for hearing the said Appeal:"

It is Ordered, That the said Petition be taken into Consideration To-morrow; and the Lords to be summoned.

Johnson & al. versus Ward and Fenn:

Whereas this Day was appointed, for hearing the Cause wherein Margaret Johnson, Widow and Executrix of Charles Johnson deceased, Arthur Collier and Margaret his Wife, are Appellants, and John Ward and Henry Fenn Esquires are Respondents:

And the House being informed, "That the Matters in Difference in this Cause were agreed; and that the Appellant did therefore desire Liberty to withdraw his Appeal:"

And thereupon the Agents on both Sides being called in:

And the Respondents Agent, on Behalf of his Clients, consenting to the withdrawing the said Appeal:

Appeal withdrawn.

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

Basingstone Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Road from The Powder Mills on Hounslow Heath, in the County of Middlesex, to a Place called Basingstone, near the Town of Bagshot, in the Parish of Windlesham, in the County of Surrey."

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. Masham:

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 Nathaniel Crosley is Appellant, and George Shadforth is Respondent:"

It is Ordered, That the Hearing the said Cause be adjourned till Friday next; and that the other Causes on Cause-days be removed One Day in Course.

Adjourn.

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

DIE Jovis, 4o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Bath & Well.
Epus. Oxon.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.
Epus. Bangor.
Ds. King, Cancellarius.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Manchester.
March. Tweeddale.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Warrington.
Comes Coventry.
Comes Findlater.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Macclesfield.
Comes Graham.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Maynard.
Ds. Weston.
Ds. Haversham.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Ducie.

PRAYERS.

Daly and L. Athunry peremptorily to Answer Brown's Appead.

The House was informed, "That Dennis Daly Esquire and Francis Lord Baron of Athunry, who, by Order of this House of the Twelfth of February last, were required to put in their Answer or respective Answers to the Appeal of Issidor Browne Gentleman on or before the Eighteenth of March following, have neglected so to do, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by the Appellant, of the due Service of the said Order, being read:

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal in a Week.

Winckworth versus Najack.

After hearing Counsel on Tuesday last, as well as Yesterday and this Day, upon the Petition and Appeal of John Winckworth Esquire; complaining of a Decree, or Decretal Order, of the Court of Chancery in Ireland, made the Ninth of July 1717; and also of Two subsequent Orders of the same Court, the Twelfth of July 1723, and Twenty-fourth of May 1726, in certain Causes, wherein the Appellant was Plaintiff, and Mark Anthony Najack Esquire and Anne his Wife since deceased, were Defendants; et è contra; and praying, "That the same may be reversed;" As also upon the Answer of the said Mark Anthony Najack put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement affirmed, with a Variation and Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree, or Decretal Order, and the Two subsequent Orders, complained of in the said Appeal, be, and the same are hereby, affirmed; with this Variation as to the Order made on the Fourteenth Exception taken by the Respondent to the Master's Report, "That nothing be allowed for the Maintenance of Thomas Winckworth, the Infant Son of the said Anne, the Respondent's late Wife, from the First of May One Thousand Seven Hundred and Fourteen:" And it is hereby further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent, the Sum of Forty Pounds, for his Costs in respect of the said Appeal.

Glegg versus Glegg:

The House (according to Order) proceeded to take into Consideration the Petition of Juliana Glegg and Mary Glegg an Infant, her Daughter, Respondents to the Appeal of William Glegg Esquire and Grace Glegg; praying, "In regard the said Appeal is brought for Delay; and lest the same should not come on this Session; and likewise in regard the Petitioner Mary is now Seventeen Years of Age, and destitute of Maintenance pending the same; that a short Day may be appointed, for hearing the said Appeal:"

And the said Petition being read:

Hearing appointed on a Bye-day.

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

Adjourn.

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

DIE Veneris, 5o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Oxon.
Epus. Roffen.
Epus. Gloucestr.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Landav.
Ds. King, Cancellarius.
Ds. Trevor, C. P. S.
Dux St. Albans.
Dux Montagu.
Dux Newcastle.
Comes Warwick & Holland.
Comes Westmorland.
Comes Litchfield.
Comes Abingdon.
Comes Warrington.
Comes Coventry.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Sussex.
Viscount Tadcaster.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Ashburnham.
Ds. Masham.
Ds. Bathurst.
Ds. Ducie.

PRAYERS.

Reading Highways to repair Bill.

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

With a Bill, intituled, "An Act for enlarging the Term granted by an Act made in the Thirteenth Year of the Reign of Her late Majesty Queen Anne, for repairing the Highways between The Bear Inn, in Reading, and Punt Field, in the County of Berks, and for making the said Act more effectual; and for amending other Roads in this Act menntioned;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Crosley versus Shadforth:

After hearing Counsel, upon the Petition and Appeal of Nathaniel Crosley; complaining of an Order made by the Court of Exchequer, the Twenty-sixth of October 1727; and another Order of the same Court, the Twenty-fifth of January following, in a Cause wherein the Appellant was Plaintiff, and George Shadforth and Daniel and John Arthur were Defendants; and in a Cross Cause, wherein the said George Shadforth was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said George Shadforth put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

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

Stagg and Holkins to withdraw Writ of Error.

Upon reading the Petition of Newton Stagg Gentleman, and William Hoskins Esquire, Plaintiff and Defendant in a Writ of Error brought into this House the Ninth Day of May last; praying, "In regard the Petitioners are come to an Agreement in relation to the Matters in Question, that the Petitioner Newton Stagg may have Leave to withdraw his said Writ of Error, without Payment of Costs on either Side:"

And thereupon the Petitioner's Agent, being called in, and sworn, acquainted the House, "He saw both the Petitioners sign the said Petition."

And being withdrawn:

It is Ordered, That the Petitioner Newton Stagg is hereby at Liberty to withdraw the said Writ of Error, as desired.

Motion for a Bye-day to hear Four Writs of Error argued.

The House being moved, "That a Bye-day may be appointed, for arguing the Errors assigned on the Four Writs of Error brought into this House the Twelfth Day of March last:"

It is Ordered, That on Monday next this House will 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 Lunæ, octavum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 8o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Asaphens.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, C. P. S.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Comes Northampton.
Comes Carliol.
Comes Litchfield.
Comes Yarmouth.
Comes Warrington.
Comes Coventry.
Comes Sutherland.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Comes Sussex.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. St. John Blets.
Ds. Maynard.
Ds. Guilford.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Wilmington.

PRAYERS.

Messages from H. C. to return Davie and Hooper's Bill:

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

To return the Bill, intituled, "An Act for confirming the Partitions of the Estates late of Sir William Davic Baronet, deceased, among his Coheirs; and for settling their Shares thereof, in Severalty, to the same Uses to which their several undivided Parts thereof stood limited before the Partition;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

and Dutchess of Portland's Bill.

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

To return the Bill, intituled, "An Act to enable the Guardians of the Lord George Bentinck, Second Son of Henry late Duke of Portland, to make Leases of certain Houses, Grounds, and Tenements, in Soho, during the Minority of the said Lord George, for making Provision for his Maintenance; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

E. Carlisle takes the Oaths.

This Day Charles Earl of Carlisle took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Powell against The King, in Error.

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

Hugh Powell Esquire is Plaintiff, and The King Defendant.

Bye-day appointed for Writs of Error,

The House (according to Order) proceeded to take into Consideration the Motion made on Friday last, for the appointing a Bye-day, for arguing the Errors assigned upon the Four Writs of Error brought into this House the Twelfth Day of March last.

And thereupon the following Orders were made:

Downes versus Hamlin:

"Ordered, That, on Thursday the Sixteenth Day of May next, this House will hear the Errors argued, by Counsel, at the Bar, in the Case upon the Writ of Error wherein Edward Downes Gentleman is Plaintiff, and John Hamlin Defendant."

Sawle versus Green.

The like Order for arguing the Errors assigned upon the Writ of Error wherein Francis Sawle is Plaintiff, and Francis Green Defendant, the same Day.

Pazey and Budgell versus Hollis;

The like Order for arguing the Errors assigned upon the Writ of Error wherein Robert Pozey and Eustace Budgell Esquire are Plaintiffs, and Nicholas Hollis Gentleman is Defendant, the same Day.

and Goostrey versus Slaughter.

The like Order for arguing the Errors assigned upon the Writ of Error wherein William Goostrcy is Plaintiff, and Chambers Slaughter Defendant, the same Day.

Doctors Commons versus Dean and Chapter of St. Paul's & al.:

Whereas Thursday the Second Day of May next is appointed, for hearing the Cause wherein John Bettesworth Doctor of Laws, Dean of the Arches, and others, are Appellants, and the Dean and Chapter of St. Paul's and others are Respondents:

Judges to attend.

It is Ordered, That the Judges do attend this House, at the Hearing the said Cause.

Reading Highways, to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act made in the Thirteenth Year of the Reign of Her late Majesty Queen Anne, for repairing the Highways between The Bear Inn in Reading and Punt Field, in the County of Berks; and for making the said Act more effectual; and for amending other Roads in this Act mentioned."

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

Ds. Trevor, C. P. S.
Dux Montrose.
Dux Newcastle.
Comes Northampton.
Comes Litchfield.
Comes Yarmouth.
Comes Warrington.
Comes Coventry.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Comes Sussex.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Epus. Oxon.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Bristol.
Epus. Asaphens.
Epus. Bangor.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Maynard.
Ds. Guilford.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Wilmington.

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.

Skerret versus Nisbet & al.

Whereas this Day was appointed, for hearing the Cause wherein Humphrey Skerret Gentleman is Appellant, and John Nisbet Esquire and others are Respondents:

And the House being moved, on the Behalf of the said Respondents, "That the Hearing thereof may be put off to another Day."

And thereupon the Agents on both Sides being called in, and heard;

And being withdrawn:

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

Overton, &c. Common Fields, to enclose, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming the Enclosure and Division of the Common Fields and Common Grounds, within the Manors and Parishes of Overton Longville, and Butolphsbridge, in the County of Huntingdon," was committed: "That they had considered the said Bill, and gone through the same, and made some Amendments thereunto."

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

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

V. Castlemaine and Tylney's Bill.

The Lord Delawarr likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for making more effectual a Deed of Appointment executed by Frederick Tylney Esquire (late deceased), with respect to Twenty Thousand Pounds, and for settling the same for the Purposes herein mentioned," was committed: "That they had considered the said Bill, and gone through the same, and made One Amendment thereunto."

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

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

Adjourn.

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

DIE Martis, 9o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Montagu.
Dux Newcastle.
Dux Greenwich.
March. Tweeddale.
Comes Northampton.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Rothes.
Comes Orkney.
2. Comes Ilay.
1. Comes Findlater.
Comes Strafford.
Comes Tankerville.
Comes Halifax.
Comes Sussex.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Delawarr.
Ds. Ashburnham.
Ds. Montjoy.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Wilmington.

PRAYERS.

L. Stawell & al. versus Packer.

The Answer of Winchcomb Howard Packer Esquire, to the Appeal of William Lord Stawell, Montagu Venables Earl of Abingdon, Samuel Lord Masham, Sir William Wyndham Baronet, Francis-Annesley Esquire, and Henry St. John late Viscount Bolingbroke, was this Day brought in.

Overton, &c. Common Fields, to enclose, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming the Enclosure and Division of the Common Fields and Common Grounds, within the Manors and Parishes of Overton Longville, and Butolphsbridge, in the County of Huntingdon."

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. Masham:

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

Skerret versus Nisbet & al.

Counsel were called in, to be heard, upon the Petition and Appeal of Humphrey Skerret Gentleman; complaining of a Decretal Order of the Court of Chancery in Ireland, of the Twenty-second of February 1723, and of several other Orders and Proceedings of the said Court; as also upon the Answer of John Nisbet, William Slack, and Joseph Hall, put in to the said Appeal.

And the Appellant's Counsel being heard, and several Proofs on their Part read; they were all directed to withdraw.

And being withdrawn:

It is Ordered, That the further Hearing the said Cause be adjourned till To morrow, at Eleven a Clock; and that the other Causes on Cause-days be removed in Course.

Adjourn.

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

DIE Mercurii, 10o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Lincoln.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Montagu.
Dux Montrose.
Dux Chandos.
Comes Lincoln.
Comes Northampton.
Comes Westmorland.
Comes Warrington.
Comes Coventry.
Comes Hadinton.
Comes Findlater.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount St. John.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Bruce.
Ds. Byron.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Bathurst.
Ds. Onslow.
Ds. Wilmington.

PRAYERS.

Messages from H. C. to return Wheeler's Bill;

A Message was brought from the House of Commons, by Sir Robert Furnesc and others:

To return the Bill, intituled, "An Act for vesting the Manors of Shirfield, and divers Lands and Hereditaments, in the County of Southampton, the Estate of Granville Wheler Esquire, in Trustees, discharged of the Uses in a former Settlement; he having settled an Estate, in the County of Kent, to the same Uses, in Lieu thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Bealing's Bill.

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

To return the Bill, intituled, "An Act to enable the Guardians of Anna Elizabetha Bealing, an Infant about Four Years old, appointed by this Act, to grant Building Leases of her Fourth Part and Share of and in certain Messuages, Ground, and Hereditaments, in or near the Parish of St. Andrew, Holbourn, in the County of Middlesex;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Mr Foxe's Petition referred to Judges.

Upon reading the Petition of James, George, Mary, Anne, and Jane Fox, and of Sackville Fox, an Infant of about the Age of Nineteen Years (by the said George Fox his next Friend), Grandchildren of the Right Honourable Frances Viscountess Dowager Lanesborough, deceased; praying Leave to bring in a Bill, to enable the Petitioners to grant Leases of certain Messuages, Lands, and Tenements, in the County of Surrey; and for Sale of a Farm called Bridgehouse Farm, in the said County, for the Purposes in the Petition mentioned; and for releasing the Petitioner James Fox from all Advantages which may be taken by his not entering into Priests Orders, as required by the Will of the said Lady Lanesborough:

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.

Moodie versus Stewart.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Elizabeth Moodie is Appellant, and John Stewart 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.

Mr. Lightboun's Master in Chancery, Petition, clarming Privilege, concerning a Citation.

Upon reading the Petition of James Lightboun Esquire, One of the Masters of the Chancery; praying the Consideration of the House, with relation to certain Proceedings of George Cheetham Esquire, and a Citation published in Manchester Church, touching a Pew or Seat there, in the Possession of the Petitioner; which he apprehends to be a Breach of the Privilege of this House:

And thereupon one James Lightboun was called in; and, being sworn, delivered in, at the Bar, a Copy of a Citation to the Parishioners of Manchester, in the County of Lancaster, to shew Cause why a Pew, in the Possession of the Petitioner, in the Parish Church of Manchester, should not be confirmed unto the said Mr. Cheetham; and attested, "The same was a true Copy, he having examined it with the Original; and that the said Citation was published in the said Parish Church on Sunday the Twenty-eighth of January last, he being then and there present, and heard the same published."

And being withdrawn;

The Copy of the said Citation was read.

After which, an attested Copy of Mr. Cheetham's Allegations in the Cause, in the Consistory Court of Chester, was delivered in, at the Table.

And the Title thereof being read:

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

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

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

To return the Bill, intituled, "An Act for vesting the Estate of William Bromley Esquire and Mary his Wife, lying at Sundon, in the County of Bedford, in Trustees, to be sold, pursuant to an Agreement in their Marriage Settlement;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Skerret versus Nisbet & al.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Humphrey Skerret is Appellant, and John Nisbet and others are Respondents.

And being heard accordingly, and several Proofs on the Respondents Part read;

And the Counsel being withdrawn:

It is Ordered, That the further Hearing of this Cause be adjourned till To-morrow, at Eleven a Clock; and that the Cause wherein Alexander Duke of Gordon and Elizabeth Dutchess Dowager of Gordon are Appollants, and Charles Earl of Murray and others are Respondents, which was appointed to be heard To-morrow, be put off to Friday next; and that the other Causes on Cause-days be removed One Day in Course.

Adjourn.

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