House of Lords Journal Volume 23: February 1728 11-20

February 1727, 11-20

DIE Lunæ, 12^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Forbes versus Crofton & al.

This Day the Answer of John Crofton Gentleman, John White Esquire, and Bridget Maguire Widow, to the Appeal of George Lord Forbes, was brought in.

Lords take the Oaths.

Thomas Lord Bishop of Bangor and Charles Lord Bruce took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Brown versus Daly and L. Athunry.

Upon reading the Petition and Appeal of Issidor Browne Gentleman; complaining of certain Decrees or Orders of the Court of Exchequer in Ireland, made the Eighth of February 1726, and Twenty-seventh of April last, in a Cause wherein the Appellant was Plaintiff, and Dennis Daly Esquire and Francis Lord Baron of Athunry were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Dennis Daly and Lord Athunry may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Eighteenth Day of March next; and that Service of this Order on the Respondents Attorney or Attornies in the said Court of Exchequer in Ireland be deemed good Service.

Eare versus Parnell:

Upon reading the Petition and Appeal of Sarah Eare Widow; complaining of an Order of the Court of Chancery, made the Seventeenth Day of January last, in a Cause wherein the Appellant was Plaintiff, and William Parnell and Anne his Wife, lately deceased, were Defendants; and praying, "That the same may be rectified, and the Appellant relieved:"

It is Ordered, That the said William Parnell may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Twenty-sixth Day of this Instant February.

Le Grand versus Vanneck and Jamineau.

Upon reading the Petition and Appeal of Jacob George Le Grand Merchant; complaining of an Order, or Decree, made by the Master of the Rolls, the Eighteenth Day of July last, in a Cause wherein the Appellant was Plaintiff, and Peter Joseph Mighorucct, since deceased, Garrard Vanneck, and Claude Jamineau, Assignees in a Commission of Bankrupt awarded against Sir Justus Beck, deceased, were Defendants; and praying, "That the same may be reversed; and that the said Assignees may be decreed to transfer to the Appellant, or his Order, Two Thousand One Hundred and Three Pounds Fifteen Shillings in Stock, and to accompt and pay to the Appellant all the Dividends received or due upon the same, and pay the Appellant his Costs:"

It is Ordered, That the said Garrard Vanneck and Claude Jamineau may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Twenty-sixth Day of this Instant February.

Braine & al. versus Deakin & al.

Upon reading the Petition and Appeal of William Braine and Elizabeth his Wife, and Henry Mytton Esquire; complaining of a Decree of the Court of Chancery, made the Three and Twentieth of November 1725, in certain Causes, wherein the Appellants, and Richard Woollaston Esquire and Rebecca his Wife, were Plaintiffs, and Richard Knight Senior, William Deakin and Susan his Wife, Richard Batch Senior, Richard Tedstill, John Hyde, and Nicholas Edwards, were Defendants; and wherein the said Deakin and his Wife were Plaintiffs, and the said Knight, Mytton, and others, were Defendants; and praying, "That the same, so far as the Appellants complain, may be reversed:"

It is Ordered, That William Deakin and his Wife, Mercy Kinersley, Robert Wilcox and Rachel his Wife, late Rachel Kinersley, Richard Knight, Richard Wollaston and his Wife, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Twenty-sixth Day of this Instant February.

Glegg versus Glegg.

Upon reading the Petition and Appeal of William Glegg and Grace Glegg; complaining of a Decree made by the Master of the Rolls, the Twenty-eighth Day of June last, in a Cause wherein Juliana Glegg, Widow and Relict of Robert Glegg deceased, and Mary Glegg Spinster, Daughter and Heir of the said Robert Glegg, by the said Juliana Glegg her Mother and prochein Amie, were Plaintiffs, and the Appellants, and Arthur Glegg Gentleman, Sir Richard Newdigate Baronet, and William Stephens Esquire, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Juliana Glegg, and Mary Glegg, Dame Elizabeth Newdigate, Widow and Executrix of the said Sir Richard Newdigate Baronet, deceased, and William Stephens, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Twenty-sixth Day of this Instant February.

Blakeley & al. versus Huish & al.

Upon reading the Petition and Appeal of James Blakley Esquire, Administrator of Thomas Blakley Esquire, deceased, and George Huish Gentleman; complaining of a Decree of the Court of Chancery, made the One and Thirtieth of October last, on the Behalf of John Leeke, Executor of Thomas Honway, deceased, Mary Hanway Widow, Jonas, William, Mary, and Thomas Hanway, all Four Infants, by Stephen Worlidge Gentleman, their Guardian and next Friend; and praying, "That the same may be reversed, and the Respondents Bill dismissed with Costs:"

It is Ordered, That the said John Leeke and the other Parties may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Twenty-sixth Day of this Instant February.

Packer versus L. Stawell & al.

Upon reading the Petition and Appeal of Winchcomb Howard Packer Esquire; complaining of an Order of the Court of Chancery, made the Twenty-ninth of April 1726, in a Cause wherein the Appellant was Plaintiff, and William Lord Stawell, Sir William Windham Baronet, Henry St. John late Lord Viscount Bolingbroke, Hugh Curry Esquire, Mountagu Venables Earl of Abingdon, George Lord Lansdown, Samuel Lord Masham, and Francis Annesley Esquire, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Lord Stawell, the Earl of Abingdon, the Lord Masham, Sir William Windham, Francis Annesley, and the late Viscount Bolingbroke, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Twenty-sixth Day of this Instant February.

Merchants of Almaine versus Sir Jacob Jacobsen and Theodore Jacobsen.

Upon reading the Petition and Appeal of the Merchants of Almaine, being under and of the Confederacy, Liege, and Company, of the Dutch Hanse, otherwise called Merchants of Almaine, residing in England, commonly called The Hanse Towas; complaining of Part of a Decree of the Court of Chancery, made the Ninth of July 1726, in certain Causes, wherein Sir Jacob Jacobsen Knight, and Theodore Jacobsen, Merchants, were Plaintiffs, and the Appellants were Defendants, et è contra; and praying, "That the same may be reversed:"

It is Ordered, That the Plaintiffs, the Jacobsens, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Twenty-sixth Day of this Instant February.

Sir John Lambert versus Sir Daniel O Carroll.

Upon reading the Petition and Appeal of Sir John Lambert Baronet; complaining of a Decree of the Master of the Rolls, the Third of December 1722, the Master's Report the Thirteenth of March 1723, and an Order of the Twentieth of July 1724, made on the Behalf of Sir Daniel O Carroll; and praying, "That the same may be reversed; and that the said Sir Daniel may be ordered to pay back to the Appellant the several Sums of Three Thousand Five Hundred and Twenty-Five Pounds, and One Thousand Five Hundred Pounds, and the Sum of paid him for his Costs; and that the said Sir Daniel may re-pay the same with Interest, as also the Costs the Appellant has been put unto in this Suit:"

It is Ordered, That the said Sir Daniel O Carroll may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Twenty-sixth Day of this Instant February.

Macguire to revive Appeal against Tabois.

Upon reading the Petition of William Macguire of Dublin Banker; praying, "That Abraham Tabois may answer this Petition, and shew Cause, if he can, why the Appeal of Richard Macguire, presented to this House the Eleventh of May 1726, and the Proceedings thereon, should not stand and be revived; the said Richard Macguire, the Appellant, being dead:"

It is Ordered, That the said Abraham Tabois may have a Copy of the said Petition; and he is hereby required to shew Cause, if he can, on or before Monday the Eighteenth Day of March next, why the said Appeal should not be revived, according to the Prayer of the said Petition; and that Service of this Order on the said Tabois's Attorney, or Agent, in the Court of Exchequer in Ireland, be deemed good Service.

Walsh to enter into Recognizance for Heron.

The House being moved, "That James Walsh Gentleman may be permitted to enter into a Recognizance for George Heron, on account of his Appeal depending in this House, to which George Heron, an Infant, by Fenwick Downes his Guardian, and others, are Respondents; the Appellant being at a Distance in the Country:"

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

Brown's Petition referred to Judges.

Upon reading the Petition of Thomas Brown Gentleman; praying Leave to bring in a Bill, to enable the Petitioner to make Leases of certain Lands in Manchester, in the County of Lancaster, as may be a suitable Encouragement to Builders to improve the same, for the Benefit of the Petitioner and his Family:

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

Copies of Treaties delivered.

The Duke of Newcastle (by His Majesty's Command) pursuant to His Gracious Declaration from the Throne, presented to the House, Copies of several Treaties, with Lists of such Treaties; the Titles whereof were read, by the Clerk, as follow:

"Copy of the King and Kingdom of Sweden's Accession to the Treaty of Hanover, dated at Stockholm, the 14th March, 1726/7 and Translation."

"Copy of the Separate Articles, and the Secret One, belonging to the said Accession, dated the said 14th March, 1726/7 and Translation."

"Copy of the Treaty between Great Britain, France, and Denmark dated at Copenhagen, the 16th April, 1727; and Translation."

"Copy of the Separate and Secret Articles belonging to the said Treaty, dated at Copenhagen, the said 16th April, 1727; and Translation."

"Copy of the Treaty between Great Britain and the Duke of Brunswick Lunebourg Wolfenbuttle, dated at Westminster, the 25th November, 1727; and Translation."

"Copy of Separate Article belonging to the said Treaty, dated at Westminster, the said 25th November, 1727; and Translation."

Copy of the Treaty between Great Britain and Spain, concluded at Madrid, the 13th June, N. S. 1721."

Copy of the Defensive Alliance between Great Britain, France, and Spain; concluded at Madrid, the 13th June, N. S. 1721."

"Copy of the Separate Article of the Defensive Alliance between Great Britain, France, and Spain; concluded at Madrid, the 13th June, 1721, N. S."

"Copy of another Separate Article of the Defensive Alliance between Great Britain, France, and Spain, concluded at Madrid, 13th June, N. S. 1721."

"Copy of the Preliminary Articles signed at Paris, 31st May, N. S. 1727."

"Copy of the Declaration signed by Mr. Walpole, at Paris, 31st May, N. S. 1727."

"Copy of the Duke of Bournonville's Declaration, signed at Vienna, 13th June, N. S. 1727."

With Translations of the said Copies of the said Treaties and Articles.

Jones & Ux. versus Kenrick.

After hearing Counsel in Part, upon the Petition and Appeal of Jasper Jones Gentleman and Frances his Wife; complaining of an Order of Dismission of the Court of Chancery; and also another Order of the said Court, allowing a Demurrer to the Appellants Bill of Review: As also upon the Answer of John Kenrick Esquire put in to the said Appeal:

It is Ordered, That the further Hearing of 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 Martis, decimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 13^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Howse versus Stamp.

This Day the Answer of Elizabeth Stamp, Widow, to the Appeal of John Howse, was brought in.

Lords take the Oaths.

William Earl of Denbigh and Robert Lord Walpole took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Jones & Ux. versus Kenrick:

Counsel (according to Order) were called in, to be further heard, upon the Petition and Appeal of Jasper Jones Gentleman and Frances his Wife; complaining of an Order of Dismission of the Court of Chancery, the Fourth of June 1725, made in a Cause wherein the said Jasper Jones and Frances his Wife were Plaintiffs, and John Kenrick Esquire was Defendant; and also of an Order of the Twenty-fifth of November 1726, allowing a Demurrer to the Appellants Bill of Review; and praying, "That the same may be reversed, and the Appellants let-in to redeem the mortgaged Premises in the Appeal mentioned: "As also upon the Answer of the said John Kenrick put in to the said Appeal:

And Mr. Solicitor General, on the Part of the Appellant, acquainted the House, "That the said Parties were come to an Agreement; and that the same was put into Writing, and signed as well by the Respondent as the Appellant Jasper Jones."

Then Mr. Attorney General, on the Part of the Respondent, acquainted the House, "That the Respondent did consent to the said written Agreement."

And the said Jasper Jones and John Kenrick being present, and desiring the same might be made the Order and Judgement of this House:

The said Agreement was read, and delivered in at the Bar.

And the Counsel were directed to withdraw.

And being withdrawn:

The said written Agreement was read, by the Clerk, at the Table.

Judgement by Agreement.

And, after Consideration had in relation to this Matter, it is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, according to the said written Agreement, That the Appellants shall pay to the Respondent Eleven Hundred and Fifty Pounds, in full of all his Claims and Demands, for Principal, Interest, and Costs, upon the Estates in Question; and thereupon the Respondent shall re-convey and re-assign (as the Appellants shall direct) the several Mortgages and Securities, and all his Right and Title to the several Estates, free from all Incumbrances done by him, or any claiming under him, except Leases at the improved Rents; and deliver Possession of the said Estates to the Appellants, except such Part thereof as hath been sold by him to Mr. Baldwin, which Sale the Appellants shall confirm, at the Purchaser's Request and Expence; and that the Money raised by Sale of such Part of the Estate as hath been sold as aforesaid be accompted and taken as Part of the said Eleven Hundred and Fifty Pounds; and that the Respondent shall receive all the Rents and Arrears of Rent to this Time; and the growing Rents, from this Time, shall be received by the Appellants; and if the Residue of the Eleven Hundred and Fifty Pounds shall not be paid to the Respondent in a Month from this Day, then the Appellants shall pay Interest from that Time for such Residue; and, upon Payment of the Money, and executing Conveyances, mutual Releases shall be given: And it is further Ordered, That this Judgement be transmitted to the Court of Chancery, in order for that Court to cause the same, as Occasion may require, to be effectually complied with.

Errington versus Carrick & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Errington Gentleman is Appellant, and John Carrick and others are Respondents:"

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

Ievers versus Sir W. Barker.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Ievers Esquire is Appellant, and Sir William Barker Baronet is Respondent:"

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.

Dee's Pet. touching Pyke's Recognizance, to lie on the Table.

Upon reading the Petition of Nicholas Dee and others, Respondents to the Appeal of Thomas Pyke Gentleman; praying, "In regard the Appellant is a Prisoner in The King's Bench, that he may find better Security than his own to be given, by Recognizance, to answer Costs on hearing the Appeal in this House, if any be awarded, within a limited Time; or otherwise the said Appeal to be dismissed:"

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

Judges to bring in a Bill, to explain the Statute of Limitations.

The House (according to Order) proceeded to take into Consideration the Statute made in the One and Twentieth Year of the Reign of King James the First, intituled, "An Act for Limitation of Actions, and for avoiding of Suits in Law:"

And the Third Section and last Proviso in the said Act being read; and Consideration and Debate had in relation thereunto:

It is Ordered, That the Judges do prepare and bring in a Bill, to enact, "That all Demands arising from or grounded on Accompts (other than such Accompts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants), all Debts grounded upon any Lending or Contract without Specialty, all Debts for Arrearages of Rent without Specialty, for which Actions shall not be commenced or sued within Six Years next after the Cause of such Actions or Suit, shall be deemed extinguished in Law and Equity, as if the Cause of such Demands and Debts had never been; with such Savings for Persons under the Age of Twenty-one Years, Feme Covert, Non Compos mentis, imprisoned, or beyond the Seas, as are contained in the said Proviso in the abovementioned Act;" and also upon the said Debate in the House.

Adjourn.

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

DIE Mercurii, 14^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Howse versus Stamp.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Howse is Appellant, and Elizabeth Anne Stamp Widow, and Relict of John Stamp, is Respondent:"

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

Wests versus Erisey & al.

After hearing Counsel, in Part, upon the Petition and Appeal of Mary West and Frances West, Infants, by John West Esquire, their Father and procbein Amie; complaining of a Decree of Dismission of the Court of Ex chequer, made the Twelfth Day of December 1726, in a Cause wherein the Appellants were Plaintiffs, and Mary Erisey and Thomas Barrable an Infant, by the said Mary Erisey his Guardian, and John Worth and Thomas Hearle Esquires were Defendants: As also upon the Answer of the said Mary Erisey and Thomas Barrable, by his said Guardian, put in to the said Appeal:

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, decimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 15^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Crew versus Acton.

This Day the Answer of Samuel Acton Gentleman, to the Appeal of John Crewe Esquire, Executor of Anne Crewe Widow, deceased:

Byrne versus Morley & al.

As also, the Answer of Jane Morley, Jeffrey Luther, and Michael Waldron, to the Appeal of Gerald Byrne Gentleman;

Were brought in.

Wests versus Erisey & al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Mary West and Frances West, Infants, by John WestEsquire their Father and prochein Amie; complaining of a Decree of Dismission of the Court of Exchequer, made the Twelfth Day of December 1726, in a Cause wherein the Appellants were Plaintiffs, and Mary Erisey, and Thomas Barrable an Infant, by the said Mary Erisey his Guardian, and John Worth and Thomas Hearle Esquires, were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Mary Erisey and Thomas Barrable, by his said Guardian, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Decree reversed

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of Dismission complained of in the said Appeal be, and the same is hereby, reversed: And it is hereby further Ordered and Adjudged, That the Defendants Worth and Hearle, and the Respondent Mary Erisey, do convey such of the Lands contained in the Marriage Articles of the Three and Twentieth of December 1685, as were conveyed to the said Worth and Hearle, and Samuel Trefusis Esquire, since deceased, and their Heirs, by the Deeds of the Fifteenth and Sixteenth of February 1709, and have not been sold, to the Appellants Mary and Frances West, and to the Heirs of their Bodies, as Tenants in Common; with Cross Remainders to each of them, and the Heirs of their Bodies respectively; Remainder over to the other Uses limited in the said Marriage Articles, after the Limitation to the Heirs Female of Richard Erisey lawfully begotten; and that the Respondents Mary Erisey and Thomas Barrable do severally accompt for the Rents and Profits of the said Lands grown due since the Death of Richard Erisey, and which have severally come to their Hands; wherein they are to have all just Allowances, and to be examined upon Interrogatories, as the Court of Exchequer shall direct; and, after such Accompt taken, shall severally pay what shall be found due from them respectively unto the Appellants; and that they do severally deliver Possession of the said Lands unto the Appellants, and severally bring into the Court of Exchequer all Deeds, Evidences, and Writings, in their several Custodies, Power, or Possession, relating to the Title of the said Lands, or of any of them, to be disposed of as the Court of Exchequer shall direct: And it is further Ordered and Adjudged, That the Court of Exchequer do cause an Accompt to be taken of all the Lands contained in the said Marriage Articles, sold by Richard Erisey, and the Purchase-money for which they were sold; and do compute Interest for the Purchase-money, from the Death of Richard Erisey; and that the Respondent Mary Erisey, Executrix of the said Richard Erisey, do pay and satisfy the said Purchase-money and Interest out of the Assets of the said Richard Erisey come to her Hands; and if she doth not admit Assets, then an Accompt is to be taken of Assets, wherein she is to have all just Allowances, and to be examined upon Interrogatories; and to produce all Books, Papers, and Writings, relating to the Testator's Estate, as the said Court shall direct; the said Interest is to be paid to the Appellants; and the said Purchase-money to be laid out in a Purchase of Lands, to be settled to the same Uses as the Lands before mentioned; and the Court of Exchequer is to give all necessary and proper Directions for the making this Judgement effectual.

Harrison to enter into Recognizance for Leslie.

The House being moved, "That Robert Harrison, of The Middle Temple, London, Gentleman, may be permitted to enter into a Recognizance for Elizabeth Leslie, alias Hamilton, on account of her Appeal depending in this House, to which Margaret Hamilton, by her Guardian, and others, are Respondents; the Appellant residing in Ireland:"

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

Bayly to enter into Recognizance for the Society of Doctors Commons.

The House being also moved, "That Thomas Bayly Gentleman may be permitted to enter into a Recognizance for the Society of Doctors Commons, on account of their Appeal, to which the Dean and Chapter of St. Paul's and others are Respondents:"

It is Ordered, That the said Thomas Bayly may enter into a Recognizance for the said Appellants, as desired.

Clive to enter into Recognizance for the Merchants of Almaine.

The like Motion and Order for Edward Clive Gentleman to enter into a Recognizance for the Merchants of Almaine, on account of their Appeal, to which Sir Jacob Jacobsen and Theodore Jacobsen Merchants are Respondents.

Mytton to enter into Recognizance for Braine.

The like Motion and Order for Henry Mytton Junior Gentleman to enter into a Recognizance for William Braine and his Wife, and Henry Mytton Esquire, on account of their Appeal, to which William Deakin and his Wife, and others, are Respondents; the Appellants Residing at a great Distance from London.

Hall to enter into Recognizance for Baynes.

The like Motion and Order for Nicholas Hall Gentleman to enter into a Recognizance for Richard Baynes and Anne Langton, on account of their Appeal, to which Peregrine Bertie and his Wife are Respondents; for a Reason of the same Nature.

Adjourn.

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

DIE Veneris, 16^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Sutherland takes the Oaths.

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

Adjourn.

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

DIE Lunæ, 19^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Glegg versus Glegg.

This Day the Answer of Juliana Glegg Widow, and others, to the Appeal of William and Grace Glegg:

Gardiner versus Griffith & Cooke.

Also, the Answer of John Griffith Clerk:

And also, the Answer of James Cooke Clerk, to the Appeal of William Gardiner Clerk;

Were brought in.

Dutchess of Portland's Pet. referred to Judges.

Upon reading the Petition of Elizabeth Dutchess of Portland, as Guardian to, and on the Behalf of, the Lord George Bentinck, her Younger Son, an Infant, by Henry late Duke of Portland, deceased; praying Leave to bring in a Bill, for vesting a Term of Five Hundred Years in Trustees, capable of executing the Trusts declared of the same by the said late Duke, for the Purposes in a Deed Poll in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Page; with the usual Directions, according to the Standing Orders.

Danson, a Day of Hearing, and her Liberty to attend her Cause.

Upon reading the Petition of Mary Danson, Widow of John Danson Esquire, deceased, Appellant in a Cause depending in this House, to which Nicholas Trott Esquire and Anne his Wife, and Elizabeth Moore Widow are Respondents; praying, "That a short Day may be appointed, for hearing the said Cause; and that the Petitioner may have Liberty to go abroad, to transact her Affairs, upon giving sufficient Security to the Warden of The Fleet Prison to be forthcoming, in case the Decree and Order appealed from shall be affirmed:"

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; and that the Petitioner have the Protection of the House during the Dependance of her said Appeal, upon giving Security as mentioned in the said Petition; and Liberty to go abroad, as desired therein.

Love and Gorbell versus Lestrange & al.

After hearing Counsel, upon the Petition and Appeal of Dorothy Love and Emma Gorbell; complaining of a Decree of the Court of Chancery, made the Third Day of August 1726, in Two certain Causes, wherein Gawen Nash, Francis Hill and Frances his Wife, William Smith and Mary his Wife, and Jane Nash Spinster, were Plaintiffs, and Henry Lestrange Esquire, surviving Executor of Walter Waterson Merchant, Henry Nash and Susan Nash, Administrators of Walter Nash, were Defendants; and wherein the Appellants were Plaintiffs, and the said Henry Lestrange, Gawen Nash, Francis Hill, and Frances his Wife, William Smith and Mary his Wife, Jane Nash, Henry Nash, and Susan Nash, were Defendants; and praying, "That the said Decree may be reversed; and that the said Henry Lestrange may accompt for, and pay the Appellants, the Residue of the Personal Estate of the said Walter Waterson, together with the Increase and Improvement thereof, all just Allowances being first made:" As also upon the Apswer of the said several Respondents put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

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 Decree therein complained of be, and is hereby, affirmed.

Malt Bill.

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

With a Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Twenty-eight; and for making good the Deficiency of a late Malt Act;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Motion for Costs to be given on Appeals.

The House being moved, "To order, that when, upon hearing any Appeal for the future, the same shall be dismissed; and the Decree, Order, or Proceeding, of any of the Courts of Equity, appealed from, shall be affirmed; Costs, not less than Thirty Pounds, shall be awarded to the Respondent or Respondents to such Appeals:"

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

D. of Somerset's Privilege; Heather and his Son discharged, paying their Fees.

A Petition of John Heather Senior and John Heather Junior, who were taken into Custody of the Serjeant at Arms, for a Breach of Privilege, in breaking down certain Dams or Sluices in the Lands or Grounds belonging to his Grace Charles Duke of Somerset, was presented to the House, and read; acknowledging their Offences, and expressing their hearty Sorrow; and begging Pardon for the same:

It is Ordered, That the Petitioners be, and are hereby, discharged from the Matter of the Complaint made against them, paying their Fees.

Adjourn.

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

DIE Martis, 20^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Eare versus Parnell.

The Answer of William Parnell, to the Appeal of Sarah Eare Widow:

Baldwin versus L. Onslow and Sir J. Williams,

Also, the Answer of Thomas Lord Onslow and Sir John Williams Knight:

Hockenhull.

Also, the Answer of Richard Hockenhull Esquire:

and V. Moles. worth & al.

And likewise, the Answer of Mary Viscountess Molesworth Widow, Constance Conyngham Wife of William Conyngham Esquire, Thomas Trollope Esquire and Diano his Wife, to the Appeal of Samuel Baldayn Esquire;

Were this Day brought in.

Malt Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Twentyeight; and for making good the Deficiency of a late Malt Act."

Ordered, That the said Bill be committed to 2 Committee of the whole House, To-morrow.

Gardiner versus Cooke & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Gardiner Clerk is Appellant, and James Cooke and John Griffith 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.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for naturalizing Adam Oldenburg and Phillipe Dumoustier;" to which they desire the Concurrence of this House.

Dillon & Ux. versus V. Mount-Cashell and Magan and Shaen's Two Appeals:

After hearing Counsel, upon the Petition and Appeal of Robert Dillon Esquire and Susanna Lady Shaen his Wife, formerly the Wife of Sir Arthur Shaen Baronet; complaining of certain Orders of the Court of Chancery in Ireland, made the Seventh of March 1725, and the Twelfth and Twenty-seventh of May 1726, upon the Petition of Morgan Magan Esquire to the said Court; and praying, "That the same may be reversed, and the Custody and Guardianship of the said Lady Shaen's Children may be ordered for her:" As also upon another Petition and Appeal of the said Appellants; complaining of Two several Orders of the said Court, made the Fifteenth of September and Sixth of October 1726; and also the Order of the Ninth of November following, making the last mentioned Order absolute, in a Cause wherein Frances, Elizabeth, and Susanna Shaen, Minors, by their prochein Amie Thomas Magan Esquire, were Plaintiffs, and the Appellants and others were Defendants; and praying, "That the same may be reversed:" As also upon the Answers of Catherine Lady Viscountess Dowager Mount Casbell, Morgan Magan, Frances Shaen, Elizabeth Shaen, Susanna Shaen, and Thomas Magan, put in to the said Appeals; and due Consideration and Debate had of what was offered on both Sides in these Causes:

Orders reversed, with Directions.

It is Ordered and Adjudged by the Lords Spiritual and Temporal in Parliament assembled, That the said several Orders complained of in the said Appeals be, and the same are hereby, reversed; and the Injunctions awarded be, and are hereby, dissolved; and that the Custody of the said Lady Shaen's Children be forthwith given to her, as their Guardian; and that the Court of Chancery in Ireland do, out of the Money appointed for the Maintenance of the Children, direct the Lady Viscountess Mount Casbell to be satisfied for the Time the Children were in her Custody; and that the said Court of Chancery do appoint a Receiver, to continue till the Hearing of the Cause, or further Order of the said Court, to collect in such Part of the Rents and Profits of the Real Estate, and also the Personal Estate, of the Testator the said Sir Arthur Shaen, as have not been received by the Appellants, or either of them; and that the said Court shall, in the Appointment of such Receiver, prefer the Nominee of the Appellants, in case the Person proposed by them be fit; and the said Receiver shall give such Security as the Court shall direct: And it is further Ordered, That in the mean Time, and until the Hearing of the Cause, the said Court do order the Annuity due to Dame Susanna Shaen to be paid to the Appellants; and also order Payment of the Maintenance due by the Will unto the Children, as the same shall grow due; as also Payment of the Testator's Debts and Legacies, according to his Will; and, from Time to Time, give such other Orders and Directions relating to the Testator's Estate, and the collecting in and securing the same, as shall be just and necessary; and that, at the Hearing of the Cause, the said Court do order and appoint what shall appear to them on the Whole to be just and proper.

Roberts, for Lock & al. to answer his Cross Appeal.

Upon reading the Petition of John Roberts Esquire; setting forth, "That, on the Sixth Instant, the Appeal of Philip Middleton Merchant, to which the Petitioner was Respondent; as also the Cross Appeal of the Petitioner, was, by Order of this House, adjourned for a Month, that the Appellants might amend their said Appeals, by making proper Parties, as they should be advised; pursuant to which Order, the Petitioner has amended his Appeal;" and praying, " That the Parties added thereunto may be ordered to answer by such short Day as this House shall please to appoint:"

It is Ordered, That Edmund Lock, Henry Nelthorpe and Joan his Wife, Elizabeth Seaman, Thomas Vere and Frances his Wife, Richard Berney, and Robert Bene, be, and are hereby, required to put in their Answer or respective Answers to the said Cross Appeal of the Petitioner, on or before Tuesday the Fifth Day of March next.

Adjourn.

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

Die Veneris, 28^o Februarii, 1728, hitherto examined by us,

Warrington.
Jo. Carliol.
De Lawarr.