the rebuilding and repairing the Piers of the Town "and Port of Whitby, in the County of York:"" An "Act to enable Edward Sainthill (late Edward Yard) Efquire to change his Surname from Yard to Saint"bill, according to the Will of Samuel Sainthill Efquire, "deccafed:" "An Act for naturalizing Charlotta Chrif "tiana Lady Duffus." And albeit the faid Acts, by you Our faid Subjects, the Lords and Commons in "this Our prefent Parliament affembled, are fully "agreed and confented unto; yet, nevertheless, the "fame are not of Force and Effect in the Law, without "Our Royal Affent given and put to the faid Acts. "And forafmuch as, for divers great and urgent Caufes "and Confiderations, We cannot conveniently, at this "prefent, be perfonally, in Our Royal Perfon, in the Higher Houfe of Our faid Parliament, being the "Place accustomed to give Our Royal Affent to fuch "Acts as have been agreed upon by you Our faid "Subjects the Lords and Commons, We have there"fore caufed thefe Our Letters Patents to be made, "and have figned the fame; and, by the fame, do give "and put Our Royal Affent to the faid Acts, and to all "Articles, Clauses, and Provifions therein contained, "and have fully agreed and affented to the faid Acts; willing, that the faid Acts, and every Article, Claufe, Sentence, and Provifion therein contained, from henceforth, fhall be of the fame Strength, Force, "and Effect, as if We had been Perfonally prefent in "the faid Higher Houfe, and had openly and publicly, "in the Prefence of you all, affented to the fame. "And We do, by thefe Prefents, declare and notify "the fame Our Royal Affent, as well to you the "Lords Spiritual and Temporal, and the Commons "aforefaid, as to all others whom it may concern; "commanding alfo, by thefe Prefents, Our Right Trufty and Well-beloved Counfellor William Lord Cowper Our Chancellor of Great Britain, to feal "thefe Our Letters Patents with Our Great Seal of Great "Britain; and alfo commanding the moft Reverend "Father in GoD and Our Right Trufty and Well-be"loved Counsellor Thomas Lord Archbishop of Canter"bury Primate and Metropolitan of all England, Our "faid Chancellor of Great Britain, Our Right Trusty "and Right Well-beloved Coufin and Counsellor Sid"ney Earl of Godolphin Our High Treafurer of Great

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Britain, Our Right Trufty and Right Entirely-beloved "Coufins and Counsellors John Duke of Newcastle Our

Keeper of Our Privy Seal, William Duke of Devon"fhire Cur Steward of Our Houfehold, Charles Duke "of Somerfet Our Master of Our Horfe, John Duke of "Marlborough, and Our Right Trufty and Right Well"beloved Coufins and Counsellors Thomas Earl of Pem"broke and Montgomery Our High Admiral of Great "Britain, and Charles Earl of Sunderland One of Our

66

Pembroke and Montgomery then Prefident of our Coun"cil, and Charles Earl of Sunderland, or any Three of "them, full Power, in Our Name, to begin and hold "this Our Parliament, and to open and declare, and "caufe to be opened and declared, the Caufes of Our calling of it, and to proceed upon those Affairs, and "in the faid Parliament, and in all Matters arifing "therein, and to do every Thing which for Us, and by "Us, for the good Government of Our Kingdom of "Great Britain, and of other Qur Dominions belonging to Our faid Kingdom, fhould be therein to be "done, and, if neceffary, to continue, adjourn, anɖ prorogue Our faid Parliament; We do hereby fur"ther declare, that Our faid Letters Patents, and every "Claufe, Matter, and Thing therein contained, are, "and fhall be, in as full Force and Power, these Our "Letters Patents, or any thing herein, notwithstanding, 66 as if thefe Prefents had not been had or made. And "Our Will and Pleafure is, and We do ordain and

Principal Secretaries of State, or any Three or more "of them, to declare and notify this Our Royal Affent, "in Our Abfence, in the faid Higher Houfe, in the "Prefence of you the faid Lords and the Commons of "Our Parliament there to be affembled for that Purpofe; and the Clerk of Our Parliaments to endorse "the faid Acts with fuch Terms and Words, in Our "Name, as is requifite, and hath been accustomed for "the fame; and alfo to enrol thefe Our Letters Pa"tents, and the faid Acts, in the Parliament Roll. And thefe Our Letters Patents fhall be to every of them a "fufficient Warrant in that Behalf. And We do declare and will, that, after this Our Royal Affent given "and paffed by thefe Prefents, and declared and noti"fied as is aforefaid, that then and immediately the faid "Acts fhall be taken, accepted, and admitted, good, fufficient, and perfect Acts of Parliament, and Laws, to all Intents, Conftructions, and Purposes, and to be put in due Execution accordingly; the Continuance

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conftitute, that the faid Archbishop of Canterbury, "Our High Chancellor of Great Britain, Our High "Treasurer of Great Britain, Our Keeper of Our Privy "Seal, Our Steward of Our Household, Our Master "of Our Horfe, John Duke of Marlborough, Thomas "Earl of Pembroke and Montgomery, and Charles Earl "of Sunderland, or any Three of them, fhall put in "Execution all the Powers and Authorities in the faid "Letters Patents mentioned and expreffed, that yet re

main to be done and executed. In Witnefs whereof, "we have caufed thefe Our Letters to be made Pa"tents.

Adjourn.

Sabbati, 7° die Maii 1709.

Hitherto examined by us,

J. ELY.

RIC. PETERB.

HALIFAX.

Domini tam Spirituales quam Temporales præfentes

Epus. Dunel. & D. Crewe.

Epus. Elienf Epus. Petriburg. Epus. Bangor. Epus. Carliol. Epus. Lincoln.

Epus. Norwic

PRAYERS.

fuerunt:

Ds. Cancellarius. Comes Godolphin, Thefaurarius. Ds. Sommers,

Præfes.

Dux Somerfet.
Dux Richmond.
Dux Beaufort.

Dux Northumberland.
Dux St. Albans.
Dux Buckingham &
Normanby.
Dux Hamilton.
Dux Montrofe.
Dux Roxburghe.
Dux Dover.
March. Kent, Ca-
merarius.

March. Dorchefter.
March. Annandale.

Comes Lincoln.
Comes Dorsett &
Midd'x.
Comes Exeter.
Comes Bridgewater.
Comes Northampton.
Comes Weftmorland.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Winchilfca.
Comes Thanet.
Comes Sunderland.
Comes Scarfdale.
Comes Caraigan.
Comes Feversham.
Comes Nottinghani.
Comes Rochefter.
Comes Scarbrough.
Comes Warringtons
Comes Rochford.
Comes Orford.
Comes Grantham.

Comes Wharton.

Comes Bindon.

Comes Mar.

Comes Rothes.

Comes Loudoun.

Comes Wemyss.

Comes Leven.

Comes Northesk.
Comes Seafield.
Comes Rofcberie.
Comes Glasgow.

Comes Play.

Viscount Townshend.

Ds. Delawarr.
Ds. Fitzwalter.
Ds. Howard Efc.
Ds. Mobun.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Offulfione.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Haverfham.
Ds. Halifax.
Ds. Gernsey.

The Lord Guilford reported from the Lords Com- Cecil's Bill. mittees, the Bill, intituled, "An Act to enable the "Honourable William Cecil Efquire, with others, to fell "Lands, for Payment of feveral Debts charged upon "his Eftate by the Right Honourable John Earl of Exe"ter, deceased, his late Father," as fit to pafs, with fome Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engroffed, with the faid Amendments. Hodie

Howe's Bill.

This Day Charles Lord Fitzwalter took the Oaths, and made and subscribed the Declaration, and alfo took and fubfcribed the Oath of Abjuration, purfuant to the Statutes.

Hodie vice lecta eft Billa, intituled, "An A& for "explaining and making more effectual that Part of "an Act paffed in the Fifth Year of Her prefent Majefty's Reign, concerning the buying and felling of "Cattle in Smithfield; and for giving Leave for bringing up Calves dead to London, as formerly."

66

66

Hodie 1vice lecta eft Billa, intituled, "An Act for Payment of the Debts of Sir John Bolles Baronet, a "Lunatic."

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46

Hodie 2a vice lecta eft Billa, intituled, "An Act "to enable William Howe, of Somerton-Early, in the County of Somerfet, Efquire, to fell the Manor and "Farm of Gunville-Eaftbury, alias Tarrant-Gunville, "in the County of Dorfett, and feveral Meffuages, Lands, and Tenements, and Hereditaments in GunvilleEaftbury, alias Tarrant-Gunville, aforefaid; and to "fettle other Lands and Hereditaments, of greater Value, to the fame Ufes to which the faid Manor "and Premises in Gunville-Eaftbury, alias Tarrant Gunville, now ftand limited, in Lieu thereof."

46

Petition refer

Upon reading the Petition of James Stopford Efquire; Stopford's praying Leave to bring in a Bill, for Sale of the Eftate ed to judges. of Wifal alias Wyball, for Payment of fuch Debts and Portions, as in the Petition is mentioned; which will be a Means to preferve the greatest Part of the ancient Inheritance:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affeinbled, That the faid Petition fhall be, and is hereby, referred to Mr. Juftice Gould and Mr. Baron Bury; who are forthwith to fummon all Parties concerned in the Bill; and, after hearing them, to report to the Houfe the State of the Cafe, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Confequences of the Bill have figned the Petition; and alfo that the Judges, having perufed the Bill, do fign the fame.

Whitehaven.

Harbour,
Bill.

Hillerfden verfus

Champer.

Downe.

fuerunt:

Ds. Cancellarius. Ds. Delawarr.
Ds. Sommers, Præfes. Ds. North & Grey.
Dux Newcastle, Ds. Mobun.

C. P. S.

Dux Somerset.
Dux Beaufort.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.

Dux Buckingham &
Normanby.

Dux Hamilton.

Comes I'lay.

Viscount Hereford. Viscount Townshend

PRAYERS.

Ds. Byron.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Offulstone.
Ds. Stawell.

Ds. Guilford.

Ds. Halifax

Hodie 2a vice lecta eft Billa, intituled, "An Act for preferving and enlarging the Harbour of Whitehaven, "in the County of Cumberland."

ORDERED, That the Confideration of the faid Bill be committed to a Committee of the whole House, on Friday next.

The Houfe being this Day moved, on the Behalf of Urfula Hillerfden, Refpondent to the Appeal of Henry Champernowne, "That a fhort Day may be appointed, "for hearing the Caufe:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That this Houfe will hear VOL. XVIII.

verfus

After hearing Counfel, upon the Petition and Appeal Ellis of Patrick Ellis, of London, Merchant, from feveral Fowle Orders and Proceedings in the Court of Chancery, of the Thirteenth of April, the Thirteenth of July, the Twentieth of July, the Seven and Twentieth of October, and the Eighteenth of December laft; and from the Master's Report made in Pursuance of the laft Order, and the Order for confirming thereof, the Twentieth of January laft, made on the Behalf of John Fowle, the Executor of Robert Fowle deceafed; and praying the Reverfal and fetting afide of the faid Orders, or fo much of them as in the Appeal is defired: As alfo upon the Anfwer of John Fowle Clerk, Executer of Robert Fowle, who was the furviving Affignce of a Statute of Bankrupt iffued against Richard Fifield, put in thereunto; and due Confideration of what was offered thereupon:

a

affirmed,

Cofts.

It is ORDERED and Adjudged, by the Lords Spiri- Judgement tual and Temporal in Parliament affembled, That the ame, with faid Petition and Appeal of Patrick Ellis fhall be, and is hereby, difmiffed this Houfe; and that the feveral Orders, Proceedings, and Report made in the Court of Chancery, in the faid Appeal complained of, fhall be, and they are hereby, affirmed: And it is further ORbe paid, unto the faid John Fowle, the Sum of Twenty DERED, That the faid Patrick Ellis fhall pay, or caufe to Pounds, for his Cofts.

Comes Bridgewater. Comes Northampton. Comes Denbigh. Comes Westmorland. Comes Manchester. Comes Berkshire. Comes Rivers. Comes Peterborow. Comes Stamford. Comes Winchilfea. Comes Thanet. Comes Sunderland. Comes Scarfdale. Comes Cardigan. Comes Feverfham. Comes Radnor. Comes Berkeley. Comes Nottingham. Comes Rochefter. Comes Abingdon. Comes Plimouth. Comes Scarbrough. Comes Warrington. Comes Rochford. Comes Orford. Comes Grantham. Comes Greenwich.

Comes Poulett.

Comes Cholmondeley.
Comes Bindon.
Comes Crafurd.
Comes Mar.
Comes Rothes.
Comes Loudoun.
Comes Wemyss.
Comes Leven.
Comes Northesk.
Comes Seafield.
Comes Rofeberie.
Comes I'lay.

Viscount Hereford.
Viscount Townshend.

PRAYERS.

Upon Oath made, at the Bar of this Houfe, "That L. Stawell, "Richard Butler, menial Servant of the Right Ho-Privilege : "nourable William Lord Stawell, a Peer of this Kingdom, was arrested, and is now in Cuftody, by Corne"lius Johnfon Bailiff, at the Suit of Jofeph Gofwel, "within the Time of Privilege of Parliament:"

Gofwell at

It is ORDERED, by the Lords Spiritual and Tempo- Johnfon and ral in Parliament affembled, That the Gentleman Ufher tached, fer of the Black Rod, his Deputy or Deputies, do forth-arretting Butwith attach the Bodies of the faid Cornelius Johnfon and ler, his Servant: Jofeph Gofwel, and bring them in fafe Cuftody to the Bar of this Houfe, to answer for their Offence; and this fhall be a fufficient Warrant on that Behalf.

To the Gentleman Ufher of the Black Rod attending this Houfe, his Deputy or Deputies, and every of them.

Whereas Richard Butler, menial Servant to the Right Butler dif-, Honourable William Lord Stawell, a Peer of this King-charged. dom, was arrested, by Cornelius Johnfon Bailiff, at the Suit of Jofeph Gofwel, and now detained in Cuftody, contrary to the Privilege of Parliament :

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Richard Butler fhall be, and he is hereby, discharged from the Reftraint he lies under; and this fhall be a fufficient Warrant on that Behalf.

To all Sheriffs, Bailiffs, and Keepers of Prifons, in whofe Cuftody the faid Richard Butler now is.

The Earl of Stamford reported from the Lords Com-Bp. of Chimittees, the Bill, intituled, "An Act for explaining "and making more effectual an Act made Anno Primo "Annæ Reginæ, intituled, "An Act, giving further "Time to John Lord Bishop of Chichester, and his "Succeffors, to make Leafes of certain Houfes and "Ground, in and near Chancery Lane, belonging to the "Bishopric of Chichester," as fit to pafs, with fome Amendments.