House of Lords Journal Volume 23: February 1728, 21-29

February 1727, 21-29

DIE Mercurii, 21^o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Pyke versus Chitty & Ux. and Dec.

The joint and several Answers of Joseph Chitty and Anne his Wife, to the Appeal of Thomas Pyke Gentleman:

As also, the joint and several Answers of Nicholas Dee and Edward Dee Gentlemen, to the same Appeal;

Were this Day brought in.

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Twenty-eight; and for making good the Deficiency of a late Malt Act."

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

And the Lord Delawarr reported from the said Committee, "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Then the said Bill was read the Third Time.

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

It was Resolved in the Affirmative.

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

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

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

Davie, Hooper & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Nicholas Hooper Esquire, and Mary his Wife and others, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming the Partitions of the Estates late of Sir William Davie Baronet, deceased, among his Coheirs; and for settling their Shares thereof in Severalty, to the same Uses to which their several undivided Parts thereof stood limited before the Partition."

Oldenburg & al. Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Adam Oldenburg and Phillipe Dumoustier."

Rondeau, Smeth, and Willers, Petition to be added to it.

A Petition of Ciprien Rondeau and Conrad de Smeth:

As also, a Petition of Henry Willers; praying to be added to the abovementioned Bill;

Were severally presented to the House, and read; and severally ordered to lie on the Table till the said Bill be read a Second Time.

Goostrey versus Slaughter.

Upon reading the Petition and Appeal of William Goostrey Gentleman; complaining of an Order of the Court of Chancery, made the Eighth Day of this Instant February, in a Cause wherein the Appellant was Plaintiff, and Chambers Slaughter was Desendant; and praying, "That the same may be reversed; and the Order of the Nineteenth of December last, made by the Master of the Rolls, affirmed:"

It is Ordered, That the said Chambers Slaughter may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the Sixth Day of March next.

Killilea to enter into Recognizance for Browne.

The House being moved, "That Patrick Killilea Gentleman may be permitted to enter into a Recognizance for Issidor Browne Gentleman, on account of his Appeal depending in this House, to which Dennis Daly Esquire and Francis Lord Baron of Athunry are Respondents; the Appellant residing in Ireland:"

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

Price versus Baker and Wynn.

Whereas this Day was appointed, for hearing the Cause wherein Anne Price Widow is Appellant, and Thomas Baker Clerk and Watkin Williams Wynn Esquire are Respondents:

It is Ordered, That the Hearing of the said Cause be adjourned till Friday next; and the Cause that Day put off to the Monday following; and the other Causes removed in Course.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to signify to the Commons, "That it is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker; he, after a short Introduction in relation to the Malt Bill to be passed, delivered the same to the Clerk, who brought it to the Table; where the Clerk of the Crown read the Title, as follows; (videlicet),

Malt Bill passed.

"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 Desiciency of a late Malt Act."

To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

Then His Majesty was pleased to retire; and the Commons returned to their House.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Bishop of Bristol's Privilege:

Whereas Isaac Smith and James Wintle were last Session ordered into Custody, for a Breach of the Lord Bishop of Bristol's Privilege; and, upon the Prorogation of the Parliament, were set at Liberty, but this Session surrendered themselves into the Custody of the Black Rod's Deputy; and, on the Fifth Instant, were, on their humble Petition, discharged from the Matter of the said Complaint, paying their Fees; which the said Wintle has done, to the Satisfaction of the Officers of this House; but the said Smith, instead of so doing, has insulted one Mary Marsham, Wife of the said Deputy, in whose Custody he resided on his said Surrender, and made his Escape; and that his Brother John Smith assisted him in making his said Escape:

And whereas, upon Complaint made this Day of the Offences abovementioned, and Oath made thereof by the said Mary Marsham at the Bar:

Smith and his Brother to be attached.

It is Ordered, That the Gentleman Usher of the Black Rod do forthwith attach the Bodies of the said Isaac Smith and his Brother John Smith, and bring them to the Bar of this House, to answer for their Offences; and this shall be a sufficient Warrant on that Behalf.

To Sir Charles Dalton Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Adjourn.

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

DIE Jovis, 22^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Davie and Hooper, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming the Partitions of the Estates late of Sir William Davie Baronet, deceased, among his Coheirs; and for settling their Shares thereof in Severalty, to the same Uses, to which their several undivided Parts thereof stood limited before the Partition."

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

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

Oldenburg and Dumoustier, Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Adam Oldenburg and Phillipe Dumoustier."

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

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

And that the Petition of Ciprien Rondeau and Conrad de Smeth; as also the Petition of Henry Willers; praying to be added to the said Bill; which were Yesterday ordered to lie on the Table till the Second Reading thereof, be referred to the said Committee.

Bremley & al. Petition referred to Judges.

Upon reading the Petition of William Bromley Esquire and Mary his Wife, Nathaniel Pearce Gentleman and Jane his Wife; praying Leave to bring in a Bill, to supply a Defect in an Agreement in the Petition mentioned; and better enabling the Execution thereof:

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

Eare versus Parnell.

Upon reading the Petition of William Parnell, Respondent to the Appeal of Sarah Eare Widow; praying, "In regard to the Petitioner's Poverty, having spent his Substance, in order to recover a small Sum of Money decreed to be paid him by the Appellant, that a short Day may be appointed for hearing the said Appeal:"

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

Chesman & Ux. versus Nainby, in Error:

After hearing Counsel, to argue the Errors assigned upon the Writ of Error brought into this House the Thirteenth Day of March last, wherein David Chesman and Elizabeth his Wife are Plaintiffs, and Margery Nainby Widow is Defendant, in order to reverse a Judgement given in His Majesty's Court of King's Bench, affirming a Judgement given in the Court of Common Pleas, for the Defendant in Error:

And the unanimous Opinion of all the Judges having been delivered, upon a Point of Law to them proposed:

And due Consideration had of what was offered in this Case:

Judgement assirmed, with Costs.

It is Ordered and Adjudged by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement of Affirmance given in the Court of King's Bench, affirming the Judgement given in the Court of Common Pleas, be, and is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the Plaintiffs in Error do pay, or cause to be paid, to the said Defendant in Error, the Sum of Forty Pounds, for her Costs, sustained by reason of the bringing the said Writ of Error into this House.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows; (videlicet,)

"Sed quia Cur. Parliamenti prædict. nunc hic de Judicio suo de et super Præmiss: reddend. nondum advisatur, Dies inde dat. est Partibus prædict. coram eadem Cur. Parliamenti, usque Diem Jovis, Vicesimum Secundum Diem Februarii prox. sequent. ubicunque &c. de Judicio suo inde audiend. eo quod Cur. Parliamenti prædict. hic inde nondum &c.; ante quem quidem Vicesimum Secundum Diem Februarli, dictus Dominus Georgius nuper Rex Magnæ Britanniæ &c. Diem suum clausit extremum, et Dominus Georgius Secundus modo Rex Magn. Britann. &c. eidem Domino nuper Regi successit, et Regimen et Gubernationem Regni Magn. Britann. &c. super se suscepit; ad quem Diem, coram dicto Domino Georgio Secundo Rege nunc, in Parliamento suo apud Westm. in Com. Middlx prædict. assemblat. ven. Partes præd. in propriis Personis suis; super quo, visis et per Cur. Parliamenti præd. nunc hic plenius intellectis omnibus et singulis Præmiss. diligenterque examinat. et inspect. tam Record. et Process. prædict. ac Judic. super eisdem reddit. necnon Affirmation. ejusdem Judic. quam præd. Causis et Materiis per prædict. David. Chesman et Elizabetham Ux. ejus superius pro Error. assign. videtur eidem Cur. Parliamenti, quod nec in Record. et Process. prædict. nec in Redditione Judic. præd. in prædict. Cur. dicti Domini nuper Regis de Banco apud. Westm. præd. in Forma prædict. reddit. nec in Affirmatione ejusdem Judic. in Cur. dicti Domini nuper Regis, coram ipso nuper Rege apud Westm. in Forma prædict affirmat. in ullo est Errat.ac quod Record. illud in nullo vitiosum aut defectivum existit: Ideo considerat. est per eandem Cur. Parliamenti prædict. quod Judic. præd. necnon Affirmatio ejusdem Judic. in omnibus affirmentur, et in omnibus fuis Robore et Effectu stent, dictis Causis et Materiis superius pro Error. assign. in aliquo non obstant.: Et ulterius, per eandem Cur. Parliamenti prædict. cons. est, quod præd. Margeria recuperet versus præd. David. et Elizabetham Ux. ejus Quadraginta Libr. pro Dampn. Mis. et Custag. suis, quæ suslin. Occasione Dilation. Execution. Judic. præd. Prætextu Profecutionis dicti ult. Brevis de Error.; ac superinde Record. præd. necnon Process. præd. Cur. Parliamenti prædict. per eandem Cur. Parliamenti Cur. Domini Regis nunc, coram ipso Rege, ubicunque &c. remittuntur &c."

Crewe versus Acton.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Crewe Esquire is Appellant, and Samuel Acton Gentleman 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.

Adjourn.

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

DIE Veneris, 23^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

The Answer of the Dean and Chapter of the Cathedral Church of St. Paul's, to the Appeal of John Bettesworth Doctor of Laws and others;

Baldwyn versus Middleton.

As also, the Answer of Anne Middleton Spinster, to the Appeal of Samuel Baldwyn Esquire and Elizabeth his Wife;

Were this Day brought in.

E. Aylesford's Privilege:

Complaint being made to the House, and Oath made at the Bar, "That John Bradgate, a menial Servant of the Earl of Aylesford's, was lately arrested, by John Crannage a Bailiff, at the Suit of Lawrence Poppleton, in Breach of his Lordship's Privilege, and the Privilege of this House:"

Poppleton and Crannage to be attached.

It is therefore Ordered, That the Gentleman Usher of the Black Rod attending this House do forthwith attach the Bodies of the said Lawrence Poppleton and John Crannage, and bring them in safe Custody to the Bar of this House, to answer for their said Offences; and this shall be a sufficient Warrant on that Behalf.

To Sir Charles Dalton Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Price versus Biker and Wynn:

After hearing Counsel, upon the Petition and Appeal of Anne Price Widow; complaining of a Decree of the Court of Chancery, made the Eleventh Day of July 1724, in a Cause wherein Thomas Baker Clerk was Plaintiff, and John Price Doctor in Divinity, since deceased, the Appellant's late Husband, the said Appellant, and Watkin Williams Wynn Esquire, were Defendants; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed with Costs:" As also upon the Answer of the said Thomas Baker and Watkin Williams Wynn put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed, with Costs.

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

Edmunds's Petition, referred to Judges.

Upon reading the Petition of Thomas Edmunds of Worsbrough in the County of York Esquire, Son and Heir of Thomas Edmunds Esquire, lately deceased, Jane Edmunds the Widow, Catherine and Margaret Edmunds the Younger Children of the said Thomas Edmunds deceased, Wentworth Edmunds Gentleman, Francis Folgambe Esquire, and John Green Gentleman; praying Leave to bring in a Bill, for settling an Estate in the Petition mentioned, according to an Agreement therein expressed, and thereby to enable the Petitioner Thomas to pay his Father's Debts:

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

Roberts's Petition, for Middleton to amend his Appeal peremptorily.

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, it appearing all the Parties that were in the Cause below were not before the House; that the Petitioner has served the several Parties with the said Order, and amended his Appeal accordingly, and obtained an Order for the Respondents to answer in Fourteen Days; that the Appellant Middleton has not as yet amended his Appeal;" and praying, "lest the said Delay may be a Means of putting off the said Hearing, that the said Middleton may be obliged to amend his said Appeal by a short Day, or, in Default thereof, that it may stand dismissed:"

It is Ordered, That the said Philip Middleton do peremptorily amend, or cause the said Appeal to be amended, in a Week.

Le Grand to amend his Appeal.

Upon reading the Petition of Jacob George Le Grand; setting forth, "That the Petitioner lately preferred his Appeal to this House, from an Order, or Decree of the Court of Chancery, and made Gerrard Vanneck and Claude Jamineau Parties thereunto; but the Petitioner is since informed, the said Claude Jamineau is dead; the Petitioner likewise omitted to take Notice, in the said Appeal, of a Proceeding in the said Court, which was necessary for him to have set forth;" and praying, "That he may be at Liberty to amend the said Appeal in the above Particulars, amending the Respondents Copy, he having yet put in no Answer to the said Appeal:"

It is Ordered, That the Petitioner be at Liberty to amend the said Appeal, according to the Prayer of the said Petition.

Adjourn.

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

DIE Sabbati, 24^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Doctors Commons versus Trinity Hall

The Answer of the Master, Fellows, and Scholars, of Trinity Hall, in Cambridge, to the Appeal of John Bettesworth Doctor of Laws, and others:

and Horabin.

As also, the Answer of Richard Horrabin and Margaret his Wife (Executrix of Robert Constable deceased) Two of the Respondents to the same Appeal;

Were this Day brought in.

Bishop of Salisbury takes the Oaths.

Benjamin Lord Bishop of Salisbury took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Skerrett's Appeal to be heard ex Parte.

Upon reading the Petition of Humphrey Skerrett Gentleman, Appellant in a Cause depending in this House, to which John Nisbet Esquire and others are Respondents; praying, "In regard one Christopher Rind, formerly made a Party to the Petitioner's Appeal, has not put in his Answer thereunto, though peremptorily ordered so to do, that the said Cause may be heard ex Parte against the said Rind, at the same Time the Cause is to be heard against the other Respondents:"

It is Ordered, That this House wil hear the said Cause ex Parte against the said Rind, according to the Prayer of the said Petition.

Address for a State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to cause the proper Officers to lay before this House 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 Payment of what Debts, contracted before the Twenty-fifth of December 1716, the said Fund hath been applied."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Motion for Costs to be given on Appeals, considered.

The House (according to Order) proceeded to take into Consideration the Motion made on Monday last, for an Order, directing, "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:"

And the Order for taking this Matter into Consideration being read;

And Debate thereupon:

It is Ordered, That on this Day Sevennight this House will take into Consideration the Standing Order of the Twenty-seventh of January 1710, in relation to the entering into Recognizances on Appeals, in the Penalty of One Hundred Pounds to Her then Majesty, for the Payment of Costs given upon the Dismission of such Appeals.

Proceedingson Appeals and Writs of Error.

Ordered also, That on the same Day this House will take into Consideration Matters relating to the proceeding on Appeals and Writs of Error.

Adjourn.

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

DIE Lunæ 26^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Merchants of Almaine versus Jacobsens.

The Answer of Sir Jacob Jacobsen and Theodore Jacobsen, to the Appeal of the Merchants of Almaine residing in England, commonly called The Hanse Towns:

Le Grand versus Van Neck.

As also, the Answer of Gerrard Van Neck, to the Appeal of Jacob George Le Grand Merchant;

Were this Day brought in.

Duke of Cleveland takes the Oaths.

Charles Duke of Cleveland and Southampton took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Rondeau & al. sworn.

Ciprien Rondeau, Conrad de Smeth, and Henry lers, took the Oaths appointed, in order to their Naturalization.

E. of Aylesford's Privilege:

A Petition of Lawrence Poppleton, in Custody of the Gentleman Usher of the Black Rod, was presented to the House, and read; expressing his hearty Sorrow for his Offence, in causing John Bradgate, a menial Servant of the Earl of Aylesford's, to be arrested; that he has made his humble Submission to the said Earl, who has been so good to forgive him; and praying to be discharged:

Poppleton to be brought to the Bar.

It is Ordered, That the Petitioner be brought to the Bar of this House To-morrow, in order to his Discharge, paying his Fees.

The House was informed "That George Shadforth, who, by an Order of the Sixth Instant, was required to put in his Answer to the Appeal of Nathaniel Crosley on or before Tuesday last, had neglected so to do, though duly served with the said Order for that Purpose."

And thereupon John Sterling being called in; and examined upon Oath, at the Bar, touching the said Service:

And being withdrawn:

It is Ordered, That the said George Shadforth do peremptorily put in his Answer to the said Appeal in a Week.

Mitchell versus Craige & al.

After hearing Counsel, upon the Petition and Appeal of Willam Mitchell of the City of London Merchant; complaining of certain Orders, or Decrees, of the Court of Chancery in Ireland, of the Twenty-sixth of February 1723, and Twenty-third of June 1724; and praying, "That the same may be reversed:" As also upon the Answers of Robert Craige and his Creditors, John Lord Baron of Tullamore, deceased, Sir Arthur Atcheson and Dame Anne his Wife, Mathew Handcock, James Kennedy, Michael Cashell, Arthur Miller, Stephen Godfrey, Thady Coan, William Nesbitt, Mary Savage, the Lady Baroness of Tullamore Widow and Administratrix of John Lord Baron of Tullamore, deceased, and of Thomas Lumm Esquire, Representatives of the said Lord Tullamore, as he was Executor to Elnathan Lumm deceased, and as the said Thomas Lumm is Administrator de Bonis non of the said Elnathan Lumm, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Decree reversed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order and Decree complained of in the said Appeal be, and the same are hereby, reversed; and that the Court of Chancery in Ireland do direct an Accompt to be taken by a Master, of what is due to the Appellant, for Principal, Interest, and Costs of Suit, in the said Court of Chancery; and to add Forty Pounds, for the Costs of this Appeal; in taking of which Accompt, all just Allowances are to be made; and if what shall be so found due shall not be paid by the Respondents, or any or either of them, to the Appellant, by a Day to be appointed by the Master, then the said Respondents are to be absolutely foreclosed of all Equity of Redemption; but if the said Respondents, or any or either of them, shall pay at the said Day what shall be so found due, then the Appellant is to convey the mortgaged Lands, as the said Court of Chancery shall direct.

Adjourn.

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

DIE Martis, 27^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Filzwalter takes has Seat.

This Day Benjamin Lord Filzwalter sat first in Parliament, after the Death of his Brother Charles Lord Fitzwalter; his Lordship having first at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

King's Answer to Address for a State of the National Debt.

The Lord Steward acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of this House on Saturday last, "That He would be graciously pleased to cause the proper Officers to lay before this House, a State of the National Debt, provided or unprovided for by Parliament;" and that His Majesty was pleased to say, He would forthwith give Directions to the proper Officers, that the Accompts desired be laid before this House."

Pyke's Petition for a Day of hearing and his Liberty.

Upon reading the Petition of Thomas Pyke Gentleman; praying, "In Consideration he has already suffered almost Four Years Imprisonment for the Costs of Suit in certain Causes in Chancery, against a Decree and Orders of which Court he has appealed, that a short Day may be appointed for hearing thereof; and that he may have the Freedom of go ing out of the Prison of the King's Bench to prosecute his said Appeal, upon his securing the Marshal of the said Prison of re-surrendering himself a Prisoner again into the said Marshal's Custody, after his Appeal has been heard, in case the Decree 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 Liberty prayed upon giving the Security offered, provided there be no other Cause of Imprisonment against him.

Sheldon & al. Petition, referred to Judges.

Upon reading the Petition of Dormer Sheldon Clerk, Committee of the Estate of Francis Sheldon Esquire, a Lunatic, and of Susanna Ellict, Wife of Robert Elliot Esquire, Committee of the Person of the said Lunatic, the Petitioners being the only Brother and Sister of the said Lunatic; praying Leave to bring in a Bill, for the better and more effectual Sale of an Estate at Ripple, in the County of Worcester; and likewife for raising such further and other Sums of Money, by Sale or Mortgage of all or any Part of an Estate, at or near Abberton, in the said County, as shall be necessary, for the compleat Payment and Discharge of several Debts and Incumbrances, and other incident Charges relating thereto:

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.

Oldenburgh & al. Nat. Bill.

The Lord Bishop of Peterborough, from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Adant Oldenburg and Phillipe Dumoustier," was committed, acquainted the House, "That, in their Lordships proceeding upon the said Bill, it appeared, that Henry Willers, One of the Petitioners to be added to the said Bill, had received the Sacrament at a Lutheran Church: Wherefore the Committee had directed this Matter to be specially reported to the House."

And thereupon the Act Septimo Jacobi I^mi, intituled, An Act that all such as are to be naturalized, or restored in Blood, shall first receive the Sacrament of the Lord's Supper," and the Oath of Allegiance and the Oath of Supremacy, being read:

Special Report to be received.

It is Ordered, That the Report of the said Matter be received on Thursday next come Sevennight; and the Lords to be summoned; and that the Clerks do in the mean Time search Precedents.

E. of Aylesford's Privilege:

Lawrence Poppleton, in Custody of the Gentleman Usher of the Black Rod, for a Breach of Privilege, in causing John Bradgate, a menial Servant to the Earl of Aylesford, to be arrested, was (according to Order) brought to the Bar.

Poppleton discharged.

Where he, upon his Knees, receiving a Reprimand from the Lord Chancellor, for his said Offence, was discharged, paying his Fees.

Thurston versus Effington & Ux.:

After hearing Counsel, upon the Petition and Appeal of Mary Thurston Widow, Relict and sole Executrix of Joseph Thurston Esquire, Eldest Son and Heir of Joseph Thurston Gentleman, and also Brother and sole Executor of Thomas Thurston Doctor of Physic, Younger Son of the said Joseph Thurston the Father; complaining of a Decree of Dismission, made by the Court of Chancery, the One and Twentieth of June 1721, in a Cause wherein the Appellant by Bill of Revivor was Plaintiss, and John Essington Esquire and Mary his Wife, Executrix of Mary Thurston Widow, deceased, who was Relict and Executrix of the said Joseph Thurston the Father, were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said John Essington and his Wife put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed; with Costs.

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

Mr Fane to attend, for signing Thurston's Appeal.

Notice being taken, " That the Appeal of Mary Thurston Widow was signed by R. Acherley and Rodney Fane as Counsel; and that neither of them appeared at the Bar:"

Neale Ashby, the Appellant's Solicitor, was called in, and examined upon Oath, "Whether they were of Counsel in the Cause in the Court below?"

And withdrew.

Also Mr. Acherley, being without, was called in, and likewise examined upon Oath, as to the Counsel who were in the said Cause in the Court below.

And then he withdrew.

And the Standing Orders of this House, in relation to Counsel's signing Appeals, and Cases thereupon, being read:

It is Ordered, That Rodney Fane Esquire do attend this House on Thursday next come Sevennight.

Crannage discharged.

A Petition of John Crannage, a Bailiff, in Custody of the Gentleman Usher of the Black Rod, was presented to the House, and read; expressing his hearty Sorrow for his Offence, in serving a Process on John Bradgate, a menial Servant of the Earl of Aylesford's; and praying, In regard to his miserable Condition, having a Wife and Children, and very poor, that he may be discharged from his present Restraint."

Whereupon the Petitioner was brought to the Bar; and there, on his Knees, receiving a Reprimand from the Lord Chancellor for his said Offence, was discharged out of Custody, paying his Fees.

Adjourn.

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

DIE Mercurii, 28^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Statute of Limitations, to render more effectual, Bill.

The Judges, pursuant to the Order of this House of the Thirteenth Instant, delivered in a Bill, prepared, by them, intituled, "An Act for rendering Part of the Act for Limitation of Actions, and for avoiding Suits in Law, more effectual."

The said Bill was read the First Time.

Radcliffe & Ux. Petition referred to Judges.

Upon reading the Petition of Walter Radcliffe Esquire and Admonition his Wife; praying Leave to bring in a Bill, to enable the Petitioners to vest certain Estates in Witham Fracy, in the County of Somerset, and Black Torrington, in the County of Devon, in Trustees, to be sold; and that the Money arising thereby, and also the Surplus (if any) of the Money to be raised by Sale of the said Premises, may be laid out in the Purchase of other Lands contracted for, to be settled to the same Uses as the said Estates are now respectively settled:

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

Baynes & Langton versus Bertie & Ux.:

After hearing Counsel, upon the Petition and Appeal of Richard Baynes Administrator of John Fisher, deceased, for the Use of Anne Langton, and the said Anne Langton; complaining of a Decree of Dismission made by the Court of Chancery, the Eighteenth of November 1726, in a Cause wherein the Appellants were Plaintiffs, and Peregrine Berlie Esquire and Elizabeth his Wife were Defendants; and praying, "That the same may be reversed; and that the Appellants may have the Five Hundred Pounds Legacy in the Appeal mentioned, with Interest and Costs decreed to them:" As also upon the Answer of the said Peregrine Bertie and his Wife put in to the said Appeal:

And due Consideration had of what was offered on either Side in this Cause:

Decree reversed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of in the said Appeal be, and the same is hereby, reversed; and that the Court of Chancery do direct an Accompt to be taken of what is due for the Five Hundred Pounds Legacy given by John Fisher, and for the Interest of the same, from the Death of the Testator, after the Rate of Five Pounds per Centum per Annum; and that what shall be found due on such Accompt, for the said Principal and Interest, shall be paid by the Respondents to the Appellants.

Then a Motion was made, "That the Appellants be ordered their Costs to be given them from the Respondents."

Which being objected to:

After Debate;

The Question was put, "Whether the Costs of Suit in the said Court shall be given to the Appellants?"

It was Resolved in the Negative.

Adjourn.

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

DIE Jovis, 29^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Blakeley & al. versus Leeke & al.

The Answer of John Leeke, Executor of Thomas Hanway, deceased, Mary Hanway Widow, Jonas, William, Mary, and Thomas Hanway, all Four Infants, by Stephen Worlidge, their next Friend and Guardian, to the Appeal of James Blakeley Esquire and George Huish Gentleman, was this Day brought in.

Eare versus Parnell:

After hearing Counsel, upon the Petition and Appeal of Sarab 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:" As also upon the Answer of the said William Parnell put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

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

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein Nathaniel Farewell Esquire and Susannah his Wife are Appellants, and William Coker Esquire and Thomas Coker are Respondents:

It is Ordered, That the hearing the said Cause be adjourned till Monday next; and the other Causes removed One Cause-day in Course.

Respondents new made to Middleton's Appeal to Answer.

Upon reading the Petition of Philip Middleton Merchant; setting forth, "That the Petitioner has, pur suant to the Order of this House of the Sixth Instant, amended his Appeal, to which John Roberts Esquire is Respondent, by making Edmund Lock, Henry Nelthrope and Joan his Wife, Elizabeth S aman, Thomas Vere and Frances his Wife, Richard Berney, and Robert Bene, Parties thereto;" and praying, "That an Order may issue, requiring them to put in their Answer by a short Day, to be appointed for that Purpose:"

It is Ordered, That the said Parties new made do put in their Answer or respective Answers to the said amended Appeal, on or before Thursday the Fourteenth Day of March next.

Blakeley & Hursh versus Leeke & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein James Blakeley Esquire and George Huish Gentleman are Appellants, and John Leeke, Executor of Thomas Hanway, deceased, Mary Hanway Widow, 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.

Glegg versus Glegg.

The House being likewise moved, "That a Day may be appointed, for hearing the Cause wherein William Glegg and Grace Glegg are Appellants, and Juliana Glegg and Mary Glegg, 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.

Statute of Limitations, to render more effectual, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for rendering Part of the Act for Limitation of Actions, and for avoiding Suits in Law, more effectual."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight.

Graham to enter into Recognizance for Cromy.

The House being moved, "That John Graham Gentleman may be permitted to enter into a Recognizance for Elizabeth Cromy Widow, on account of her Appeal depending in this House, to which Mary Holland, alias Ash, Widow, is Respondent; the Appellant residing in Ireland:"

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

Dutchess of Portland, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom 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, 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 1^a vice lecta est Billa, intituled, "An Act to enable the Guardians of the Lord George Bentinck, Second Son of Henry late Duke of Portland, to make Leases of certain Houses, Grounds, and Tenements, in Soho, during the Minority of the said Lord George, for making Provision for his Maintenance; and for other Purposes therein mentioned."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, secundum diem Martii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.

Die Lunæ 3^o Martii, 1728, hitherto examined by us,

Warrington.
Jo. Carliol.
De Lawarr.