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

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History of Parliament Trust

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Year published

1767-1830

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250-260

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'House of Lords Journal Volume 23: May 1728, 1-10', Journal of the House of Lords volume 23: 1727-1731 (1767-1830), pp. 250-260. URL: http://british-history.ac.uk/report.aspx?compid=113930 Date accessed: 20 October 2014.


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May 1727, 1-10

DIE Mercurii, 1o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Oxon.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Asaphens.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Bolton.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Bridgewater.
Comes Leicester.
Comes Warwick & Holland.
Comes Scarsdale.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Coventry.
Comes Findlater.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Tankerville.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Lonsdale.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Maynard.
Ds. Ashburnham.
Ds. Hay.
Ds. Montjoy.
Ds. Foley.
Ds. Onslow.
Ds. Cadogan.
Ds. Wilmington.

PRAYERS.

Hammond's Composition Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Commissioners of the Treasury, or the Lord High Treasurer for the Time being, to compound with Thomas Hammond late of London Merchant, and his Sureties, for a Debt due to the Crown, for Customs on Tobacco and Wines."

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. Lightboun and Mr. Masham:

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

Mr. Hammond's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for empowering the Honourable Charles Howard Esquire to raise Money, by Sale or Mortgage of the Manors of Walden, alias Chipping Walden, Brook Walden, and other Manors and Lands therein mentioned, for the Payment of the Debts of Charles William late Earl of Suffolk and Bindon, deceased."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Message from thence, to return the Bill for enclosing Overton Common Fields.

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

To return 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for erecting a Workhouse in the City of Canterbury, for employing and maintaining the Poor there; and for better enlightening the Streets of the said City;" to which they desire the Concurrence of this House.

Merchants of Almaine versus Jacobsens.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Merchants of Almaine are Appellants, and Sir Jacob Jocobsen and Theodore Jacobsen 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.

Mr. Lightboun's Privilege Cheetham to be discharged paying his Fees.

A Petition of George Cheetham, of Smedley, in the County of Lancaster, Esquire, in Custody of a Deputy Serjeant at Arms, was presented, and read; expressing his Ignorance of the Privileges of this House, which was the Reason of his Offence, in proceeding in the Consistory Court of Chester against James Lightboun Esquire; One of the Masters of the Chancery, touching a Pew in Manchester Church; and praying, "In regard he is Seventy-three Years of Age and upwards, and so infirm as not to be able to travel to London; that his Non-appearance may be dispensed with, his said Offence pardoned, and that he may be discharged."

And thereupon Two Affidavits, one made by Edward Holbroock Apothecary, and the other by Samuel Bowker Yeoman, both of Manchester, of the Petitioner's Inability to travel, by Reason of old Age and Infirmities, being delivered in, and read:

It is Ordered, That the Petitioner be discharged out of Custody, paying his Fees.

Lords added to D. Grafton's Committee.

Ordered, That such Lords as shall be present in the House this Day, and not of the Committee to whom the Bill for enclosing the Common Fields and Waste Grounds in Grafton Regis, in Northamptonshire, stands committed, be added to the said Committee.

Mr. McDowall to enter into Recognizance for Agnew.

The House being moved, "That Mr. Patrick Mc Dowall may be permitted to enter into a Recognizance for William Agnew Esquire, on account of his Appeal depending in this House, to which Mr. John Mcaull is Respondent; the Appellant residing in Scotland:"

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

York Buildings Company versus Sir John Meres.

The House (according to Order) proceeded to take into Consideration the Motion made Yesterday, for appointing Thursday the Three and Twentieth Day of this Instant May, for hearing the Cause wherein the Governor and Company of Undertakers for raising the Thames Water in York Buildings are Appellants, and Sir John Meres Knight is Respondent.

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

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Day abovementioned.

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

Whereas To-morrow is appointed, for hearing the Cause wherein Doctor Bettesworth Dean of the Arches and others are Appellants, and the Dean and Chapter of St. Paul's, London, and others, are Respondents:

It is Ordered, That the Hearing the said Cause be adjourned till To-morrow Sevennight; and that the Cause appointed to be heard that Day be put off to the Saturday following.

Nicholls, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of William Nicholls, Frank Nicholls, and Samuel Foot Nicholls, 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 John Nicholls, Es quire, deceased, in the County of Cornwall, for Payment of his Debts and Legacies; and for other Purposes therein mentioned."

Donnellan versus Sir T. Taylor.

Counsel were called in, to be heard, upon the Petition and Appeal of William Donnellan and Mary his Wife, John Cahill and Ellinor his Wife; complaining of an Order of the Court of Exchequer in Ireland, made the Twenty-seventh of January 1720, and a Decree of the same Court the Sixth of July 1724; as also upon the Answer of Sir Thomas Taylor Baronet put in to the said Appeal.

And the Appellants Counsel having been 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.

Adjourn.

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

DIE Jovis, 2o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath & Well.
Epus. Gloucestr.
Epus. Carliol.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Kent.
Dux Chandos.
March. Tweeddale.
Comes Leicester.
Comes Scarsdale.
Comes Litchfield.
Comes Coventry.
Comes Findlater.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Macclesfield.
Comes Pomfret.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Guilford.
Ds. Montjoy.
Ds. Masham.
Ds. Onslow.
Ds. Wilmington.

PRAYERS.

Erskine and Ly. Kincardine's Answer to Murray's Appeal.

The joint and several Answer of David Erskine and Mary Colvill Lady Kincardine, Two of the Respondents to the Appeal of James Murray Merchant in Leith, was this Day brought in.

Donnellan et al. versus Sir T. Taylor.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of William Donnellan and Mary his Wife, John Cahill and Ellinor his Wife; complaining of an Order of the Court of Exchequer in Ireland, made the Twenty-seventh of January 1720, and a Decree of the same Court the Sixth of July 1724, in a Cause wherein the Appellants were Plaintiffs, and Sir Thomas Taylor Baronet and Stephen Taafe were Defendants; and praying, "That the same and the Proceedings thereupon may be reversed:" As also upon the Answer of the said Sir Thomas Taylor put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order and Decree 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 Order and Decree therein complained of be, and are hereby, affirmed.

Evesham Roads to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and amending several Roads, leading to and from the Borough of Evesham, in the County of Worcester."

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

Ds.Trevor, C. P. S.
Dux Kent.
Dux Chandos.
March. Tweeddale.
Comes Scarsdale.
Comes Litchfield.
Comes Coventry.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Macclesfield.
Comes Pomfret.
Vis. Tadcaster.
Vis. Falmouth.
Epus. Bath & Wells.
Epus. Gloucestr.
Epus. Carliol.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Guilford.
Ds. Montjoy.
Ds. Masham.
Ds. Onslow.
Ds. Wilmington.

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

Canterbury Work-house Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for erecting a Work-house in the City of Canterbury, for employing and maintaining the Poor there; and for better enlightening the Streets of the said City."

Special Report on Mr. Collin's Bill:

The Lord Delawarr acquainted the House, from the Lords Committees to whom the Bill, intituled, "An Act for vesting an undivided Fifth Part of a Leasehold Estate in Crondal, in the County of Southampton, in Trustees, to be sold; and, with the Money arising by the Sale thereof, to purchase One or more Estate or Estates in Possession, to be settled to the same Uses," was committed: "That a Difficulty occurring to their Lordships, with respect to the Standing Order of this House, of the Nineteenth of February 1705, directing, when Bills are brought in to fell Lands in One Place, and buy Lands in another, the Values be fully made out; and that there be an Agreement for the Purchase; in regard there is no such Agreement made."

Motion to dispense with the Standing Order.

And a Motion being made, "That the said Standding Order be dispensed with on this Occasion:"

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

Powell against The King;

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, wherein Hugh Powell Esquire is Plaintiff, and the King Defendant:"

Errors to be argued.

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

Sankey versus Graham et al.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Henry Sankey Esquire is Appellant, and Anne Graham Widow and others are Respondents:"

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

Nicholls's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of John Nicholls Esquire, deceased, in the County of Cornwall, for Payment of his Debts and Legacies; and for other Purposes therein mentioned."

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 Thursday the Sixteenth Day of this Instant May, at the same Place; and to adjourn as they please.

Adjourn.

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

DIE Veneris, 3o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Bath & Well.
Epus. Oxon.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Manchester.
Dux Chandos.
March. Tweeddale.
Comes Warwick & Holland.
Comes Scarsdale.
Comes Litchfield.
Comes Yarmouth.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Rothes.
Comes Hadinton.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Guilford.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Wilmington.

PRAYERS.

Pyke versus Mellersh.

The Answer of Thomas Mellersh Yeoman, to the Appeal of Thomas Pyke Gentleman:

York Buildings Company versus Aynsworth.

As also, the Answer of Rowland Aynsworth Esquire, to the Appeal of the Governor and Company of Undertakers for raising the Thames Water in York Buildings;

Were this Day brought in.

Canterbury Work house Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for erecting a Work-house in the City of Canterbury, for employing and maintaining the Poor there; and for better enlightening the Streets of the said City."

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

Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Chandos.
March. Tweeddale.
Comes Warwick.
Comes Scarsdale.
Comes Litchfield.
Comes Yarmouth.
Comes Coventry.
Comes Findlater.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Macclesfield.
Vis. Say & Seale.
Vis. Townshend.
Vis. Tadcaster.
Vis. St. John.
Vis. Falmouth.
Epus. Dunelm.
Epus. Petriburg.
Epus. Lincoln.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Guilford.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Wilmington.

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

Grafton Common Fields to enclose; Bill:

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling Charles Duke of Grafton, Lord of the Manor of Grafton, in the County of Northampton, to enclose the Common Fields and Waste Grounds within the said Manor, in Pursuance of several Agreements be tween the said Duke and the Rector and Churchwardens of the Parish of Grafton Regis; and to establish the said Agreements," 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."

Ordered, That the said Bill be engrossed.

E. of Buchan's Bill:

The Order of the Day being read, for reading the Bill, intituled, "An Act for vesting in Trustees divers Lands, in the several Counties of Berks, Bucks, Wilts, Oxford, and York, the Estate of David Earl of Buchan; for the Purposes therein mentioned," the Third Time; and to hear Counsel against and for the same:

And the Counsel attending; they were called in.

And the said Bill was read the Third Time accordingly.

After which, the Counsel were heard, as well against as for the said Bill.

And the Petitioner's Counsel having replied:

They were all directed to withdraw.

And being withdrawn:

After Debate;

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Visc. Townshend takes the Oaths.

This Day Charles Lord Viscount Townshend took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Blakeney versus Byrne.

Whereas this Day was appointed, for hearing the Cause wherein Catherine Blakeney and Mable Blakeney are Appellants, and Walter Byrne Esquire (fn. 1) is Respondent:

Causes put off.

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

Smart and Littell to withdraw Writ of Error.

Upon reading the Petition of Jonathan Smart Junior Plaintiff, and John Eden Littell and George Sawbridge Littell Defendants, in a Writ of Error depending in this House, which stands at present for an Hearing on Friday next; praying, "That the Petitioner Smart may have Leave to withdraw his said Writ of Error, in order to the Defendants having the full Benefit of their Judgement in the Court of King's Bench:"

And thereupon the Petitioner's Agents being called in, and heard at the Bar:

And being withdrawn:

It is Ordered, That Leave be given to withdraw the said Writ of Error, as desired.

Leeke & al. for an earlier Day to hear Blakeley's Appeal.

Upon reading the Petition of John Leeke, Mary Hanway, and others, Respondents to the Appeal of James Blakeley, Administrator of Thomas Blakely and George Huish; praying, "In regard the said Appeal is, as the Petitioners apprehend, brought merely for Delay, that the same may be heard on a sooner Day than already appointed:"

And thereupon the Agents on both Sides attending:

And being called in, and heard at the Bar;

And withdrawn:

It is Ordered, That the said Appeal be heard, on the Day the Writ of Error last mentioned, ordered to be withdrawn, stood for an Hearing.

Meredith and E. of Mount Alexander for J. Isaac to revive Appeal.

Upon reading the Petition of Jane Meredith and Henry Earl of Mount Alexander, Respondents to the Appeal of Simon Isaac Esquire; praying, "That John Isaac Esquire, Son and Heir of the said Simon Isaac, who is lately dead, may revive the said Appeal, in such convenient Time as to the House shall seem meet; or that the Petitioners may be at Liberty to proceed on the Decree complained of, to enforce an Execution thereof."

And thereupon an Affidavit, made by Mary Byers, of Hollywood in the County of Downe, Widow, "That the said Simon Isaac died at the House of his said Son, the Seventh of April last," being read:

It is Ordered, That the said John Isaac do cause the said Appeal to be revived, within Five Weeks from this Time; and that Notice of this Order be given him, with all convenient Speed.

Adjourn.

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

DIE Lunæ, 6o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Ds. King, Cancellarius.
Dux Dorset, Senescallus.
Dux Bolton.
March. Tweeddale.
Comes Lincoln.
Comes Westmorland.
Comes Scarsdale.
Comes Clarendon & Rochester.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Findlater.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Tadcaster.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Bruce.
Ds. Guilford.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Wilmington.

PRAYERS.

Hockliffe and Woburn Highway to repair Bill:

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

With a Bill, intituled, "An Act for more essectual amending the Highway between Hockliffe and Woburn, in the County of Bedford; and for repairing the Road leading through Woburn to Tickford Bridge, in Newport Pagnell, in the County of Bucks;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Grafton Common Fields to enclose, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling Charles Duke of Grafton, Lord of the Manor of Grafton, in the County of Northampton, to enclose the Common Fields and Waste Grounds within the said Manor, in Pursuance of several Agreements between the said Duke and the Rector and Churchwardens of the Parish of Grafton Regis; and to establish the said Agreements."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Report of South Sea Trustees delivered.

The House being informed, "That the Secretary to the Trustees for raising Money on the Estates of the late Directors of the South Sea Company and others attended:"

He was called in; and delivered, at the Bar, a Report of the said Trustees.

And then he withdrew.

And the Title of the said Report was read, by the Clerk.

Isaac versus Meredith:

The House was informed, "That one Mr. Nolan attended, and desired to deliver in several Pleadings and Proceedings, in the Cause wherein Simon Isaac Esquire was Plaintiff, and Jane Meredith and Henry Earl of Mount Alexander are Respondents."

Pleadings proved.

And thereupon the said Nolan being called in, and sworn; he delivered in, at the Bar, the said Pleadings and Proceedings; and attested, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Goostrey versus Slaughter:

Upon reading the Petition of William Goostrey Gentleman, Plaintiff in a Writ of Error depending in this House, to which Chambers Slaughter is Defendant; praying, "In regard the Matters in Question are agreed, that the Petitioner may have Leave to withdraw his said Writ of Error:"

And thereupon the Agents on both Sides being called in; and the Defendant's Agent consenting to the Prayer of the said Petition:

And being withdrawn:

Writ of Error withdrawn.

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

Standing Order dispensed with touching Collins's Bill.

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

And the said Standing Order being read:

It is Ordered, That the same be dispensed with, on this Occasion.

Blakeneys versus Byrne.

After hearing Counsel, upon the Petition and Appeal of Catherine Blakeney and Mable Blakeney; complaining of several Orders and Decrees of the Court of Chancery in Ireland, made the Sixth of February 1720, the Seventh of May 1722, the Eleventh of December, the Twenty-third of January, and the Twelfth of February, 1723, the Eighteenth of June and the Seventh of July 1724, in a Cause wherein Walter Byrne Esquire was Plaintiff, and the said Appellant Blakeney and Catherine Reiley were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Walter Byrne put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Order and Decree reversed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Orders and Decrees complained of in the said Appeal be, and the same are hereby, reversed: And it is further Ordered, That the Respondent's Bill be, and is hereby, dismissed; and that, if the Respondent hath received any of the Profits of the Estate in Question, he do accompt for, and pay the same to the (fn. 2) Appellant; and that the said Court of Chancery do cause this Judgement to be put in Execution; and further, that all Parties be at Liberty to proceed at Law, as they shall think fit, or be advised.

Wittewrong's Committee revived.

Ordered, That the Committee to whom the Bill to make a Conveyance of the Estate late of Sir John Wittewronge Baronet, deceased, stands committed, be revived; and meet on Wednesday Morning next.

Adjourn.

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

DIE Martis, 7o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm.
Epus. Wintor.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Asaphens.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Kent.
Dux Newcastle.
March. Tweeddale.
Comes Lincoln.
Comes Salisbury.
Comes Leicester.
Comes Westmorland.
Comes Scarsdale.
Comes Clarendon & Roffen.
Comes Essex.
Comes Cardigan.
Comes Birlington.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Albemarle.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Comes Halifax.
Comes Harborough.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Howard Eff.
Ds. Osborne.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Wilmington.

PRAYERS.

Lords take the Oaths.

This Day, James Earl of Salisbury, Richard Earl of Burlington, and Peregrine Lord Osborne, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Message from H. C. with Bills.

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

With a Bill, intituled, "An Act for Relief of Hyacinthus Richard Nugent;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for repairing and enlarging the Road leading from the House called The Sign of the Bells, in the Parish of St. Margaret in Rochester, to Maidstone, and other Roads therein mentioned, in the County of Kent;" to which they desire the Concurrence of this House.

Sir Jermyn D'Ewes versus Norton.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of Sir Jermyn D'Ewes Baronet; complaining of a Decree of the Court of Chancery, made the Twenty-fifth of January 1726, in a Cause wherein the Appellant was Plaintiff, and Thomas Norton Esquire Desendant.

And the Appellant's Counsel having been heard, and several Proofs on his 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.

Stratford and Dr. Ives, Leave for a Bill:

Upon reading the Petition of Henry Stratford Esquire, Lord of the Manor of Overstone, in the County of North'ton, and the Reverend Paul Ives Doctor of Laws, Patron of the Advowson, Rectory, and Parish Church, of Overstone aforesaid, and also Rector of the said Parish Church; praying Leave to bring in a Bill, to enclose certain Open Fields and Waste Ground in the said Parish of Overstone, pursuant to an Agreement entered into for that Purpose:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Eyre versus Daly:

Upon reading the Petition of John Burke, Agent for Laughlin Daly Gentleman, Respondent to the Appeal of John Eyre Esquire; praying, "That the Hearing of this Cause may be put off for some reasonable Time, so as the Respondent may come, or send over his Papers, to make a proper Defence:"

And thereupon the Petitioner, and Mr. Collier the Appellant's Agent, who had Notice given him of exhibiting this Petition, being called in, and heard at the Bar:

And being withdrawn:

Hearing adjourned till next Session.

It is Ordered, That the Hearing the said Cause be adjourned till the next Session of Parliament.

Adjourn.

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

DIE Mercurii, 8o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Winton.
Epus. Bath & Well.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Asaphens.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Salisbury.
Comes Denbigh.
Comes Westmorland.
Comes Scarsdale.
Comes Clarendon & Rochester.
Comes Essex.
Comes Cardigan.
Comes Burlington.
Comes Litchfield.
Comes Scarbrough.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
2. Comes Rothes.
1. Comes Sutherland.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Comes Harborough.
Viscount Say & Seale.
Viscount Tadcaster.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Bruce.
Ds. Craven.
Ds. Osborne.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Masham.
Ds. Bathurst.
Ds. Cadogan.
Ds. Wilmington.

PRAYERS.

State of the National Debt delivered.

The House being informed, "That Mr. Chocke, from the Exchequer, attended:"

He was called in; and presented, at the Bar, pursuant to their Lordships Address to His Majesty,

"A State of the National Debt, provided or unprovided for by Parliament, from the Thirty-first of December 1725, to the Thirty-first of December 1726; and from the Thirty-first of December 1726, to the Thirty-first of December 1727: Together with an Accompt of the Produce of the Sinking Fund in each of those Years; and to the Payments of what Debts, contracted before the Twenty-fifth of December 1716, the said Fund hath been applied."

And then he withdrew.

And the Title thereof was read, by the Clerk.

Collin for Sale of an Estate at Crondal, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting an undivided Fifth Part of a Leasehold Estate in Crondal, in the County of Southampton, in Trustees, to be sold; and, with the Money arising by the Sale thereof, to purchase One or more Estate or Estates in Possession, to be settled to the same Uses," 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.

Nugent's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for Relief of Hyacinthus Richard Nugent."

Sir Jermyn D'Ewes versus Norton.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Sir Jermyn D'Ewes Baronet is Appellant, and Thomas Norton Esquire Respondent.

And the Counsel for the Respondent were heard; and some Proofs in the Cause read.

And One of the Appellant's Counsel having replied:

Inquiry was made of the Counsel, "Whether the Value of certain Lands, granted by a Lease in the Year 1714, by the Appellant's Father, were of greater Value than expressed in the Articles for Sale thereof."

But they not being ready to give the House Satisfaction therein;

They were directed to withdraw.

And being withdrawn:

It is Ordered, That the further Consideration of this Cause be adjourned till To-morrow; and that the Cause which stands for that Day be put off till Friday next, and the other Causes on Cause-days removed One Day in Course.

Adjourn.

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

DIE Jovis, 9o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Winton.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Asaphens.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Kent.
Dux Newcastle.
Dux Bridgewater.
March. Tweeddale.
Comes Warwick.
Comes Westmorland.
Comes Scarsdale.
Comes Clarendon & Rochester.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Dartmouth.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Bruce.
Ds. Cornwallis.
Ds. Craven.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.

PRAYERS.

Sir Jermyn D'Ewes versus Norton:

Counsel having been heard, as well Yesterday as the Day before, upon the Petition and Appeal of Sir Jermyn D'Ewes Baronet, Son and Heir of Sir Simonds D'Ewes Baronet, deceased; complaining of a Decree of the Court of Chancery, made the Twenty-fifth Day of January 1726, in a Cause wherein the Appellant was Plaintiff, and Thomas Norton Esquire Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said Thomas Norton put in to the said Appeal; and this Day being appointed to consider furher of this Cause:

Decree affirmed, with an Addition, by Agreement.

Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of in the said Appeal be, and is hereby, affirmed; with this Addition, agreed upon and signed by both the Parties, and desired by them to be made the Order and Judgement of this House, which is hereby done accordingly; (videlicet,) "That the Respondent do pay, or cause to be paid, to the Appellant, the Sum of Four Hundred and Forty-eight Pounds, for the Forty Pounds per Annum omitted in the Articles for the Purchase of the Estate in Question."

Reading Highways to repair, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term granted by an Act made in the Twelfth Year of the Reign of Her late Majesty Queen Anne, for repairing the Highways between The Bear Inn in Reading, and Puntfield, in the County of Berks, and for making the said Act more effectual; and for amending other Roads in this Act mentioned," was committed: "That they had considered the said Bill, and gone through the same, and directed him to report the Bill to the House, with One Amendment."

Which, being read Twice, by the Clerk, was agreed to by the House, and is as follows; (videlicet,)

Press 10. Line 12. After ["Packet"], add the Clause marked [A.]

"[A.] And whereas the greatest Injuries to the said Roads are occasioned by the heavy and excessive Loads that are frequently carried through the same: To prevent the like for the future, be it further Enacted, by the Authority aforesaid, That it shall not be lawful for any Person or Persons whatsoever to pass with, or drive, any Waggon, Wain, Cart, or any other Carriage whatsoever, in or upon any of the said Highways or Roads by this Act to be repaired, with any Weight exceeding Forty Hundred (Timber only excepted); such Waggon, Wain, Cart, or Carriage, being included in such Weight."

Nugent's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Relief of Hyacinthus Richard Nugent."

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

Dux Devon, Præses.
Ds. Trevor, C. P. S.
Dux Kent.
Dux Newcastle.
March. Tweeddale.
Comes Warwick.
Comes Westmorland.
Comes Scarsdale.
Comes Clarendon.
Comes Coventry.
Comes Cholmondeley.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Dartmouth.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth.
Arch. Ebor.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Norwic.
Epus. Bristol.
Epus. Asaphens.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Bruce.
Ds. Cornwallis.
Ds. Craven.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.

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

His Majesty's Consent signified to Mr. Nugent's Bill.

The Duke of Newcastle (by His Majesty's Command) acquainted the House, "That His Majesty, having been informed of the Contents of the said last mentioned Bill, is graciously pleased to consent to the passing thereof, so far as the Interest of the Crown is concerned."

Hockliffe and Woburn Highway to amend, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for more effectual amending the Highway between Hockliffe and Woburn, in the County of Bedford; and for repairing the Road leading through Woburn to Tickford Bridge, in Newport Pagnell, in the County of Bucks."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom Mr. Nugent's Bill stands committed:

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

Collins, for Sale of an Estate at Crondal, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting an undivided Fifth Part of a Leasehold Estate in Crondal, in the County of Southampton, in Trustees, to be sold; and, with the Money arising by the Sale thereof, to purchase One or more Estate or Estates in Possession, to be settled to the same Uses."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Rochester to Maidstone Road, to repair, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for repairing and enlarging the Road leading from the House called The Sign of the Bells, in the Parish of St. Margaret, in Rochester, to Maidstone, and other Roads therein mentioned, in the County of Kent."

Adjourn.

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

DIE Veneris, 10o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Asaphens.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Rutland.
Dux Kent.
Dux Newcastle.
Dux Greenwich.
Dux Chandos.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Warwick & Holland.
Comes Clarendon & Rochester.
Comes Cardigan.
Comes Litchfield.
Comes Albemarle.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Findlater.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Uxbridge.
Comes Tankerville.
Comes Harborough.
Comes Macclesfield.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Cornwallis.
Ds. Guilford.
Ds. Gower.
Ds. Foley.
Ds. Wilmington.

PRAYERS.

Reading Highways, to repair, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act made in the Twelfth Year of the Reign of Her late Majesty Queen Anne, for repairing the Highways between The Bear Inn in Reading, and Puntfield, in the County of Berks; and for making the said Act more effectual; and for amending other Roads in this Act mentioned."

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

It was Resolved in the Affirmative.

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

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

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

Wittewronge's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Estate late of Sir John Wittewronge Baronet, deceased, in the County of Bucks, in Trustees, to enable them to convey the same to the most Noble Sarah Dutchess Dowager of Marlborough, the Purchaser thereof under a Decree of the High Court of Chancery," was committed: "That they had considered the said Bill; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made 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.

Evesham Roads, to repair, Bill.

The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and amending the several Roads leading to and from the Borough of Evesham, in the County of Worcester," 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, and is as follows; (videlicet,)

"Press 6. Line 36. After ["Act,"] add the Proviso marked [A.]

"[A.] Provided always, That nothing in this Act contained shall extend, or be construed to extend, in any Wise to obstruct the landing, loading, or unloading, of Grain, or any Sort of Goods or Merchandize carried on the River Avon; nor shall the loading or unloading of any Sort of Grain, Goods, or Merchandizes, upon the Banks of the said River, from on Board any Vessel upon the said River, or in order to be put on Board any such Vessel, be construed to be a Loading or Unloading with an Intent to avoid the Gate or Gates, Turnpike or Turnpikes, to be erected by this Act; but that the Navigation of the said River shall be continued as before this Act was made."

Overstone Enclosures, Bill.

The Lord Delawarr (pursuant to the Order of the House on Tuesday last) presented to their Lordships a Bill, intituled, "An Act for vesting Part of the Glebe Lands belonging to the Rectory of Overstone, in the County of Northampton, in Henry Stratford Esquire and his Heirs; and to enable the making of Enclosures; and for other Purposes herein mentioned."

The said Bill was read the First Time.

Doctor's Commoms versus Dean and Chapter of St. Paul's & al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein John Bettesworth Doctor of Laws and Dean of the Arches and others are Appellants, and the Dean and Chapter of the Cathedral Church of St. Paul's, London, and others, are Respondents.

And the Appellants Counsel having been 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; and that the Hearing the Cause wherein William and Grace Glegg are Appellants, and Juliana Glegg and Mary Glegg Respondents, appointed for that Day, be adjourned to Monday next; and the other Causes removed One Cause-day in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, undecimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Origin. are Respondents.
2 Sic.