House of Lords Journal Volume 23: February 1729, 1-10

February 1728, 1-10

DIE Lunæ, 3^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Arcedeckne versus Horan & al.

Upon reading the Petition and Appeal of Mathias Arcedeckne and Mary Arcedeckne, alias Hannen, his Wife; complaining of an Order, or Decree, of the Court of Exchequer in Ireland, made the Fourth Day of December 1727, in a Cause wherein the Appellants were Plaintiffs, and James Horan, Florance Collanan, William Burke, Redmond Arcedeckne, and others, were Defendants; and praying, "That the same may be reversed; and that an Order of the same Court, made the Eleventh of June 1724, may be confirmed:"

It is Ordered, That the said James Horan, Florance Collanan, William Burke, and Nicholas Arcedeckne, a Minor, by John Lawrence his Guardian, Jane Arcedeckne, John French and Darcy Hamilton Esquires, Executors of the said Redmond Arcedeckne, deceased, 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 Tenth 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.

Marchioness Dowager of Annandale and her Sons versus Harrys.

Upon reading the Petition and Appeal of Charlott Marchioness Dowager of Annandale, and of her Two Sons, George Johnston Esquire commonly called Lord George Johnston, and John Johnston Esquire commonly called Lord John Johnston, Infants, by their said Mother, their next Friend; complaining of a Decree of the Court of Chancery, made the Twenty-fifth Day of January 1727, in certain Causes, wherein the Appellants were Plaintiffs, and Anne Harrys was Defendant; et è contra; and praying, "That the same may be reversed, and the Appellants relieved:"

It is Ordered, That the said Anne Harrys may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Monday the Seventeenth Day of this Instant February.

Buchan versus Buchan.

Upon reading the Petition and Appeal of Captain Charles Buchan; complaining of Two Interlocutors, or Decrees, of the Lords of Session in Scotland, of the Twenty-eighth of December and Ninth of January last, made on the Behalf of Mr. Thomas Buchan; and praying, "That the same may be reversed:"

It is Ordered, That the said Thomas Buchan 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 Third Day of March next; and that Service of this Order upon the Respondents Procurator in the Court of Session in Scotland be deemed good Service.

Scawen et al. Petition referred to Judges.

Upon reading the Petition of Thomas Scawen Esquire, on the Behalf of himself and William Roger Scawen his Infant Son, Louis Scawen Esquire, Robert and William Scawen, Insants under the Age of Twenty-one Years by Sir Thomas Scawen their Father and Guardian, and of the said Sir Thomas Scawen, Hugh Lord Viscount Falmouth, Sir William Hammond, John Rudge, Elizabeth Stafford, and Robert Stockdale; praying Leave to bring in a Bill, to enable the Petitioners to lease and grant an Estate, in the County of Cornwall, for Three Lives, according to the Custom of the Country, and the respective Manors:

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.

Ly. Fauconberg's Privilege; Richards and Robertson to be brought to the Bar.

Ordered, That Thomas Richards and George Robertson, in Custody of the Serjeant at Arms, for arresting the Viscountess Dowager Fauconberg, be brought to the Bar of this House To-morrow Morning, in order to their being reprimanded and discharged, paying their Fees.

Adjourn.

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

DIE Martis, 4^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Brotherson's Nat. Bill.

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

With a Bill, intituled, "An Act to naturalize Peter Frere Brotherson;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Powell against The King:

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

Errors to be argued.

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

Bumpsted versus South Sea Company.

Upon reading the Petition and Appeal of William Bumpsted; complaining of an Order of the Court of Chancery, made the Eighteenth of December last, in a Cause wherein the Governor and Company of Merchants of Great Britain trading to The South Seas and other Parts of America, and for encouraging the Fishery, commonly called The South Sea Company, were Plaintiffs, and the Appellant and others were Defendants; and praying, "That the same may be reversed, and the Appellant's Plea allowed:"

It is Ordered, That the said Governor and Company of Merchants of Great Britain trading to The South Seas and other Parts of America, and for encouraging the Fishery, commonly called the South Sea Company, may have a Copy of the said Appeal; and do put in their Answer thereunto, in Writing, on or before Tuesday the Eighteenth Day of this Instant February.

D. of Douglas versus Ld. Strathnaver.

Upon reading the Petition and Appeal of Archibald Duke of Douglas; complaining of several Interlocutories of the Lords of Session in Scotland, of the Second and Twenty-fourth of February 1727/28, and the Ninth and Twenty-fifth of July last, made on the Behalf of William Lord Strathnaver; and praying, "That the same may be reversed:"

It is Ordered, That the said William Lord Strathnaver may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the Fourth Day of March next.

Pratt versus Goodwin et al.

Upon reading the Petition and Appeal of John Pratt Esquire; complaining of an Order of Dismission of the Appellant's Bill, with Costs, made by the Court of Exchequer the Fourteenth of November last, on the Behalf of John Goodwin, William Hopkins, Benjamin Midford, Henry Talbott, and Joseph Farmer; and praying, "That the same may be reversed; and the Appellant's said Bill retained in the said Court:"

It is Ordered, That the said John Goodwin, William Hopkins, and the other Defendants, 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 Tuesday the Eighteenth Day of this Instant February.

Vis. Say & Seale versus Lady Catherine Jones et al.

Upon reading the Petition and Appeal of Lawrence Viscount Say & Seale; complaining of a Decree of the Court of Chancery, of the Sixteenth of November last, made on the Behalf of the Lady Catherine Jones, the Lady Hewett, Peter Hawker, Thomas William Burman, Fiennes Twisleton, Nathan Izod, William Clarke, William White, and the Lord Viscount Harcourt; and praying, That the said Decree, confirmed and made absolute against the Appellant, and also the Decree of Dismission of the Appellant's Cross Bill, may be reversed, and the Appellant relieved:"

It is Ordered, That the said Lady Catherine Jones, Lady Hewett, and the other Parties beforementioned, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Eighteenth Day of this Instant February.

Grey et al. Petition referred to Judges.

Upon reading the Petition of Henry Grey Esquire and Elizabeth his Wife, and Edward Riggs, John Elwes, and William Vachell Esquires; praying Leave to bring in a Bill, for the effectual putting in Execution an Act, passed in the Twelfth Year of the Reign of His late Majesty King George, intituled, "An Act for the Sale of several Estates of Henry Grey Esquire, in the County of Southampton; and for settling other Estates, of equal Value, in the Counties of Berks and Wilts, to the same Uses:"

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.

Lady Fauconberg's Privilege; Richards and Robertson discharged; and ordered to be examined before the Committee for Privileges.

This Day Thomas Richards and George Robertson, in Custody of the Serjeant at Arms attending this House, for arresting the Viscountess Dowager of Fauconberg, were (according to Order) brought to the Bar, by the said Serjeant; where they, on their Knees, receiving a severe Reprimand from the Lord Chancellor for their said Offence, were discharged out of Custody, paying their Fees.

Ordered, That Thomas Richards and George Robertson be called in, and sworn, in order to give Evidence before the Lords Committees for Privileges, to whom the Petition of Luke Gaven, in relation to the Arrest of the Lady Viscountess Dowager Fauconberg, stands referred.

Then the Two Persons aforementioned were called in, and sworn, in order to give Evidence before the said Committee; and withdrew.

Committee for Privileges to meet.

Ordered, That the Lords Committees for Privileges do meet on Thursday Morning next; and that the said Richards and Robertson do then attend their Lordships; as also all other Persons concerned; who are, in the mean Time, to procure such Witnesses as they may think proper to produce before the said Committee, to be sworn.

Cunningham peremptorily to answer Baldwyn's Appeal.

The House was informed, "That William Cunningham Esquire, One of the Respondents to the Appeal of Samuel Baldwyn Esquire and Elizabeth his Wife, who, by Order of the Sixth of February last, was required to put in his Answer to the said Appeal on or before the Two and Twentieth of the same Month, has neglected so to do, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by Joseph Herbert, of St. Dunstan's in the West, Gentleman, of the due Service of the said Order in Ireland, being read:

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

Judges Attendance relating to Debtors put off.

Whereas this Day was appointed, for the Judges, or some of them, to attend, to give an Account what they have done, in Pursuance of the Order of this House of the last Session of Parliament, requiring them to prepare Heads for a Bill for the Relief of Debtors, as to the Imprisonment of their Persons:

It is Ordered, That the Judges, or some of them, do attend this House for that Purpose, on Thursday next; and the Lords to be summoned.

Marchioness Dowager of Annandale versus.

Marquis of Aunandale and Sir James Johnstons

Upon reading the Petition and Appeal of Charlott Marchioness Dowager of Annandale; complaining of several Interlocutors, or Decrees, of the Lords of Session in Scotland, of the Seventh of January 1725, the One and Twentieth of June and One and Twentieth of December 1726, and all subsequent Orders or Proceedings had thereupon, made on the Behalf of James Marquis of Annandale and Sir James Johnston Baronet; and praying, "That the same may be reversed:"

It is Ordered, That the said James Marquis of Annandale and Sir James Johnston may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Fourth Day of March next.

Ld. Kingston versus Badham.

Upon reading the Petition and Appeal of James Lord Baron of Kingston in the Kingdom of Ireland; complaining of several Orders of the Court of Chancery in the said Kingdom, made the Twenty-third of May, the Twentyseventh of June, and the Sixteenth of July, 1720, and all other subsequent Orders, in a Cause there depending, wherein the Appellant was Plaintiff, and Brettridge Badham Esquire was Desendant; and praying, That the same may be reversed or rectified:"

It is Ordered, That the said Brettridge Badham may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Eleventh Day of March next; and that Service of this Order on the Respondent's Six Clerk in the said Court of Chancery in Ireland be deemed good Service.

Robinson et al. versus Mercer et al.

Upon reading the Petition and Appeal of George Robinson Gentleman and Anne his Wife, on Behalf of themselves and of William Court, an Insant under the Age of Twenty-one Years; complaining of Two Decrees of the Court of Chancery in Ireland, made the Ninth of May and One and Twentieth of March 1727, in a Cause wherein Grace Mercer Widow, John Mercer, Joseph, Mary, Jemyna, James, and Elizabeth Mercer, by their prochein Amie the said Grace their Mother, were Plaintiffs, and the Appellants Defendants; and praying, That the same may be reversed, and the Plaintiffs Bill dismissed, and the Appellants decreed their Costs of Suit:"

It is Ordered, That the said Grace Mercer and the other Plaintiffs 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 Tuesday the Eleventh Day of March next; and that Service of this Order on the Respondents Clerk in the said Court of Chancery in Ireland be deemed good Service.

Sir John Schaw versus Lady Schaw, alias Houstoun.

Upon reading the Petition and Appeal of Sir John Schaw Baronet; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the Fourteenth of July 1726, made on the Behalf of Dame Margaret Schaw, alias Houstoun,; and praying, "That the same may be reversed:"

It is Ordered, That the said Dame Margaret Schaw, alias Houstoun, may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Tuesday the Fourth Day of March next; and that Service of this Order on the Respondent's Agent in the Court of Session in Scotland be deemed good Service.

Bindon versus Ryves.

Upon reading the Petition and Appeal of David Bindon Merchant; complaining of an Order of the Court of Exchequer in Ireland, of the Tenth of June 1727; of Mr. Baron St. Leger's Report made in Pursuance thereof; and of the Order of the Day of November, for confirming the said Report; and the Admission of several Papers and Affidavits, read at the Hearing of the Appellant's Exceptions against the confirming the said Report; and also of the Order made for dissolving the Injunction, and the several Orders and Proceedings since the said Order, in a Cause wherein the Appellant was Plaintiff, and William Ryves Defendant; and praying, "That the same may be reversed; and that the Appellant may have a Decree against the said Ryves, for his accompting and paying to the said Appellant:"

It is Ordered, That the said William Ryves may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Eleventh Day of March next; and that Service of this Order on the Respondent's Attorney in the said Court of Exchequer in Ireland be deemed good Service.

Stone et al. versus Wall.

Upon reading the Petition and Appeal of Richard Stone Esquire and Catherine his Wife, and of Patrick M^cmahon Gentleman; complaining of several Proceedings and Orders of the Court of Chancery in Ireland, made the Third and Fifteenth of May, the Second of June, and Eighteenth of November, 1727, and the One and Twentieth of May and Fourth of December last, in a Cause wherein Garrett Wall was Plaintiff, and the Appellants were Defendants; and praying, "That the same may be set aside and reversed, and the Appellants discharged from the pretended Contempt, and relieved with respect to the Costs they have sustained:"

It is Ordered, That the said Garrett Wall may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Eleventh Day of March next; and that Service of this Order on the Respondent's Six Clerk in the said Court of Chancery in Ireland be deemed good Service.

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 proper Officers to lay before this House a State of the National Debt, provided or unprovided for by Parliament, as it stood the Thirty-first of December 1727, and the Thirty-first of December 1728; together with an Accompt of the Produce of the Sinking Fund in that Year; 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.

Mason versus Hawkins et al.

Upon reading the Petition and Appeal of Samuel Mason Esquire; complaining of a Decree of the Court of Chancery, made by the Master of the Rolls, the Twelfth of June 1727, in a Cause wherein Moses Hawkins and others were Plaintiffs, and the Appellant was Defendant; and praying, "That the same may be reversed:"

It is Ordered, That Moses Hawkins, Mary Dawes, Cuthbert Smith and Sarah his Wife, Darius Deck and Elizabeth his Wife, and William Dawes, 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 Tuesday the Eighteenth Day of this Instant February.

Nowlan to enter into a Recognizance.

for Arcedeckne.

The House being moved, "That John Nowlan, of Gray's Inn, Gentleman, may be permitted to enter into a Recognizance for Mathias Arcedeckne, on account of his Appeal depending in this House; he residing in Ireland:

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

Maeguire for Time to get an Affidavit of serving an Order.

Upon reading the Petition of William Macguire Gentleman; praying, "That he may have a Fortnight's Time, to procure an Affidavit of the Service of an Order of this House last Session on one Abraham Tabois, to shew Cause why the Petitioner's Father's Appeal should not be revived:"

It is Ordered, That the Petitioner has hereby a Fortnight's Time, to procure an Affidavit of the Service of the said Order, according to the Prayer of the said Petition.

Adjourn.

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

DIE Mercurii, 5^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Crewe versus Acton.

After hearing Counsel, upon the Petition and Appeal of John Crewe Esquire; complaining of an Order of the Court of Exchequer at Chester, made the Eighteenth of October 1726, and of a Decree of Dismission the Sixteenth of October 1727, in a Cause wherein the Appellant was Plaintiff, and Samuel Acton Gentleman Defendant; and praying, "That the same may be reversed, and the Appellant relieved:" As also upon the Answer of the said Samuel Acton put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Decree reverted, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order and Decree of Dismission, complained of in the said Appeal, be, and the same are hereby, reversed: And it is further Ordered, That the Respondent do pay to the Appellant the Five Pounds Eight Shillings per Annum, for the Eleven Years, by the Bill demanded, with Costs of Suit to the First Hearing of the Cause; and that the said Court of Exchequer at Chester do cause this Judgement to be put in due Execution.

Report, South Sea Trustees delivered.

The House being informed, "That the Secretary to the Trustees for the Estates of the late South Sea Directors attended at the Door;" he was called in, and delivered, at the Bar, the Report of the said Trustees, to the Twenty-first of January 1728.

And then he withdrew.

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

Brotherson's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize Peter Frere Brotherson.

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 next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Adjourn.

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

DIE Jovis, 6^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King's Answer to Address for National Debt.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, on the Fourth Instant, for a State of the National Debt; and that His Majesty was pleased to say, "He would give Orders to the proper Officers, as desired."

Report Committee Privileges, of Viscountess Fauconberg's Privilege.

The Earl of Findlater reported from the Lords Committees for Privileges, to whom the Petition of Luke Gaven, in relation to the arresting the Lady Viscountess Dowager Fauconberg, was referred: "That they had considered the said Petition, and heard the Petitioner in Support of the Allegations therein; and likewise examined several Persons upon Oath, in relation to the Matter of the Complaint; and are of Opinion, that the said Luke Gaven is guilty of a Breach of Privilege."

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

Gaven attached.

Ordered, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the said Luke Gaven, and keep him in safe Custody until further Order; and this shall be a sufficient Warrant on that Behalf.

To Francis Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Accounts of prohibited East India Goods and Naval Stores delivered.

The House was informed, "That some of the Commissioners of the Customs attended:" They were called in, and delivered, at the Bar, pursuant to some late Acts of Parliament, several Papers, intituled as follow:

The Return of the Commissioners of the Customs, to the Right Honourable the Lords Spiritual and Temporal, with the Accounts of prohibited East India Goods, and Naval Stores imported from Russia, from Michaelmas 1727 to Michaelmas 1728.

"1. An Account of prohibited East India Goods remaining in Warehouses at St. Hellen's at Michaelmas 1727; with what hath been brought in since that Time, what exported, as also what remained at Michaelmas 1728."

"2. An Account of prohibited East India Goods remaining in Warehouses at Leadenhall, at Michaelmas 1727; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1728."

"3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London at Michaelmas 1727; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1728."

"4. An Account of prohibited East India Goods remaining in the respective Warehouses in the Out Ports at Michaelmas 1727; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1728."

"5. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1727 to Michaelmas 1728."

6. "An Account of Naval Stores imported from Russia into the Ports commonly called the Out Ports, from Michaelmas 1727 to Michaelmas 1728."

And then the said Commissioners withdrew; and the Titles of the several Papers were read, by the Clerk.

Judges Account as to the Order concerning Debtors.

The Judges attending (according to Order) to give an Account what they have done, in Pursuance of the Order of this House, of the Twenty-fourth of May last, directing them to prepare Heads for a Bill for Relief of Debtors, as to the Imprisonment of their Persons.

The Lord Chief Justice of the Court of King's Bench acquainted the House, "That the Judges had met seve ral Times, to consider of the Matter contained in the said Order; but, finding great Difficulties therein, and the same not specifying any Particulars, they neither had or could prepare Heads for a Bill, for the Purpose directed."

An Account of Prisoners in the separate Counties to be given.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chancellor do write Letters to the Sheriffs of all the Counties in England, and to the Marshal of The King's Bench Prison, the Warden of The Fleet, the Keepers of The Marshalsea, White Chappell, and Clink Prisons, requiring them forthwith to send an Account what Prisoners are in their Custody on any Civil Action, either in Execution or Mesne Process, and what they stand charged with in their respective Custody; as also an Account of such Persons as remain in Custody for the Want only of paying their Fees; and that the said Sheriffs do write to the Keepers of the Prisons, in the Liberties within their respective Sheriffwicks, to return them the like Account of Prisoners in their Custody on any Civil Action; and that the respective Sheriffs do return the same, together with the Account of the said Prisoners in their respective Custody.

Committee concerning Debtors.

The Lords following were appointed a Committee, to take into Consideration the Case of Debtors, with respect to the Imprisonment of their Persons; and to report to the House; (videlicet,)

Their Lordships, or any Five of them; to meet on this Day Sevennight, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Adjourn.

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

DIE Veneris, 7^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Brome versus Berkeley.

The Answer of Henry Berkeley and George Berkeley Esquires, Two of the Respondents to the Appeal of John Brome Esquire and Elizabeth his Wife, was this Day brought in.

Isaack's Petition, Time for reviving Appeal.

Upon reading the Petition of John Isaac, Son and Heir, and also Executor, of Simon Isaac Esquire, deceased, late Appellant in a Cause depending in this House, to which Jane Meredith and Henry Earl of Mount Alexander are Respondents; setting forth, "That the Respondents obtained an Order, the Twenty-fourth of January last, that the Petitioner should revive the said Appeal in a Fortnight, or the same to stand dismissed, though the Respondents are Plaintiffs in the Cause in Ireland, and have not revived the same there: That the Petitioner apprehends, as he is only an Executor in Trust for Payment of Debts, and for other Purposes in his Father's Will, he cannot safely revive the said Appeal, till the Respondents have revived the Proceedings in Ireland;" and praying the Consideration of the House:

And thereupon Mr. Collier, the Petitioner's Agent, was called in, and examined, "Whether he had given Notice to the Respondents Agent of this Application."

And being withdrawn:

It is Ordered, That the Time limited for reviving, by the said former Order of this House, be enlarged for a Week; and that the Petitioner's Agent do forthwith give Notice of this Petition to the Agent for the said Jane Meredith, in order for him to acquaint this House why the Proceedings in the Court below are not revived.

Gaven to be brought to the Bar, to be discharged.

A Petition of Luke Gaven, in Custody of the Serjeant at Arms attending this House, for causing the Viscountess Dowager of Fauconberg to be arrested, was presented, and read; acknowledging his Offence; expressing his Ignorance; promising never to be guilty of a Breach of Privilege for the future; craving Pardon; and praying to be discharged:

It is Ordered, That the Petitioner be brought to the Bar To-morrow, in order to his being discharged, paying his Fees.

Goostrey versus Slaughter: Injunction to continue till the hearing the Cause, on paying 550 l. into the Bank.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of William Goostrey Gentleman; complaining of an Order of the Court of Chancery, made the Eighth of February last, in a Cause wherein the Appellant was Plaintiff, and Chambers Slaughter Gentleman Defendant; and praying, "That the same may be reversed; and that the Injunction, which by the said Order was dissolved, may be continued till the Hearing of the Cause."

And the Counsel for the Appellant being heard; it was proposed, on the Part of the Appellant, "To deposit the Sum of Five Hundred and Fifty Pounds, on Condition that the said Injunction be continued till the Hearing of the Cause."

Which Proposal being accepted by the Respondent's Counsel:

They were all directed to withdraw.

And thereupon it is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sum of Five Hundred and Fifty Pounds be paid, by the Appellant, into the Bank of England, in this Cause, within a Fortnight's Time from this Day, subject to the Order of the Court of Chancery; and, on Payment of that Sum, the Injunction to continue till the Hearing of the Cause below; but if the same be not paid into the Bank within the Time hereby limited, that then the Injunction do continue dissolved: And it is hereby further Ordered, That the Court of Chancery do cause this Order to be effectually executed.

Brotherson's Nat. Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Peter Frere Brotherson," was committed: "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Adjourn.

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

DIE Sabbati, 8^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Brome versus Cole.

The Answer of Harry Cole Esquire, One of the Respondents to the Appeal of John Brome Esquire and Elizabeth his Wife;

E. of Tankerville versus Grey.

Also, the Answer of Henry Grey Esquire, One of the Respondents to the Appeal of Charles Earl of Tankerville;

Were this Day brought in.

Ly. Fauconberg's Privilege; Gaven discharged.

Luke Gaven, in Custody of the Serjeant at Arms attending this House, for causing the Viscountess Dowager Fauconberg to be arrested, was this Day (according to Order) brought to the Bar, by the said Serjeant; where he, on his Knees, receiving a Reprimand from the Lord Chancellor for his said Offence, was discharged out of Custody, paying his Fees.

Brotherson's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize Peter Frere Brotherson."

"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. Elde and Mr. Tothill:

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

Brome versus Berkeley et al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Brome Esquire and Elizabeth his Wife are Appellants, and Henry Berkeley, George Berkeley, and Harry Cole, Esquires, 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.

Adjourn.

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

DIE Lunæ, 10^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Abell versus Dene.

This Day the Answer of Humphry Dene Esquire, to the Appeal of Philip Abell Senior and Christopher Border:

E. of Tankerville versus Grey.

As also, the Answer of Henry Grey of Howick Esquire and John Grey Gentleman, to the Appeal of Charles Earl of Tankerville;

Were brought in.

Howse versus Brown et Ux.:

Counsel (according to Order) were called in, to be heard, upon the amended Petition and Appeal of Frances Howse Spinster and Grace Packer Widow, Administratrixes of John Howse deceased; complaining of a Decree of the Court of Chancery, of the Twenty-third of June 1724; the Master's Report, made the Third of August 1726; and the Order for confirming the same, made on or about the One and Twentieth of March 1726, in a Cause wherein Elizabeth Anne Stamp, Widow and Relict of John Stamp was Plaintiff, and John Howse and others were Defendants; and praying, "That the same, so far as concerns the Promissory Notes, amounting to Four Thousand One Hundred and Thirty-five Pounds, may be reversed:" As also upon the Answer of Thomas Browne Merchant and Elizabeth Anne his Wife, late Widow and Relict of the said John Stamp, put in to the said Appeal.

Decree, &c. affirmed by Consent.

And the Counsel for the Appellant acquainting the House, "That the Parties on either Side were agreed; and that the Appellants were willing their Appeal should be dismissed, without Costs; and the Decree, Master's Report, and Order confirming the same, therein complained of, affirmed, if the House should so please."

And the Respondents Counsel consenting thereunto:

They were all directed to withdraw.

And thereupon 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 Decree, Master's Report, and Order, therein complained of, be, and the same are hereby, affirmed.

Mead's Petition for Papers, &c.

Upon reading the Petition of Jane Mead Widow, Respondent to the Appeal of Robert Pauncefort Esquire and Robert George Gentleman; praying, "That all Books, Papers, Deeds, and Writings, in the Custody or Power of Mr. Thurston, One of the Masters of the Court of Chancery, the Assignees of William Mead, and Mrs. Wilson, which were produced at the Hearing below, may be produced at the Hearing in this House:"

It is Ordered, That the said Books, Papers, Deeds, and Writings, be produced at the Hearing the said Cause in this House, as desired, at the Expence of the Petitioner.

Douglass to enter into a Recognizance for the D. of Douglas.

The House being moved, "That Archibald Douglass Esquire may be permitted to enter into a Recognizance for Archibald Duke of Douglas, on account of his Appeal depending in this House; he residing in Scotland:"

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

Johnson to enter into Recognizance for Captain Buchan.

The like Motion and Order for Claud Johnson Merchant to enter into a Recognizance for Captain Charles Buchan, on account of his Appeal, for a Reason of the same Nature.

Abell and Border versus Done:

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Philip Abell and Christopher Border are Appellants, and Humphry Dene Esquire is Respondent:"

Hearing appointed.

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.

Wilkins et al. to enclose Aldham and Boyne Commons.

Upon reading the Petition of David Wilkins Clerk, Rector of the Parish of Hadleigh, in the County of Suffolk, and of the Freeholders of the Manor of Hadleigh, who have a Right of Commonage in Aldham and Boyne Commons; praying Leave to bring in a Bill, to enclose the said Commons, for the Relief and Maintenance of their Poor:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Adjourn.

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