House of Lords Journal Volume 23: February 1729, 11-20

February 1728, 11-20

DIE Martis, 11^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Petition of Insolvent Debtors in The Fleet referred to Committee.

A Petition of the Insolvent Debtors confined in The Fleet Prison, in Behalf of themselves and many Thousands in the several Gaols of this Kingdom, was presented to the House, and read; praying, "That this House will be pleased to pass an Act for Relief of Insolvent Debtors, without Limitation of Sum, upon their delivering up to their Creditors all they have in their Power, on such Penalties as their Lordships shall think fit; that the Petitioners may become useful and serviceable to their King and Country."

It is Ordered, That the said Petition be, and is hereby, referred to the Lords Committees appointed to consider the Case of Debtors, as to the Imprisonment of their Persons.

Heron versus Heron & al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein George Heron is Appellant, and George Heron Son of John Heron deceased, an Infant, by Fenwick Downes his Guardian, and others, are Respondents:

And the Appellant's Counsel having been heard, and divers Proofs on his Part read:

They were all directed to withdraw.

And being withdrawn:

It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow; and that the Cause wherein Robert Pauncefort Esquire and Robert George Gentleman are Appellants, and Jane Mead is Respondent, be put off to Friday next; and the other Causes removed One Cause-day in Course.

Adjourn.

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

DIE Mercurii, 12^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dene versus Weldon.

This Day the Answer of Walker Weldon Esquire, to the Appeal of Thomas Done Esquire, was brought in.

Heron versus Heron & al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of George Heron; complaining of a Decree of the Court of Chancery, made the Fourteenth of June 1727, in a Cause wherein the Appellant, by Bill of Revivor, and Barbara Heron Widow of George Heron deceased, were Plaintiffs, and George Heron Son of John Heron deceased, an Infant, by Fenwick Downes his Guardian, John Aynsley, and Hester Heron, were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said George Heron and John Aynsley 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 Decree therein complained of be, and is hereby, affirmed.

Aldsworth to answer E. Tankerville's Appeal.

The House was informed, "That Three of the Respondents to the Appeal of Charles Earl of Tankerville have put in their Answers thereto; but that the Ap pellant could not procure Nevill Aldsworth to be served with the Order for answering, till the Time was elapsed:"

And the House being moved, "That another Time may be appointed, for the said Respondent to answer:"

It is Ordered, That the said Nevill Aldsworth do put in his Answer to the said Appeal within a Week after Service of the Order of this House made upon presenting the same Appeal.

Cathcart to enter into Recognizance for Sir J. Schaw.

The House being moved, "That Charles Cathcart Esquire may be permitted to enter into a Recognizance for Sir John Schaw Baronet, on account of his Appeal depending in this House; he being absent:"

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

Chator's Pet. referred to Judges.

Upon reading the Petition of Henry Chaytor, of Croft, in the County of York, Gentleman; praying Leave to bring in a Bill, to enable the Petitioner to make Leases of an Estate in the said County, or a Jointure on any Woman he shall marry:

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

A Bill to prevent Forgery, to be brought in.

Ordered, That a Bill be brought into this House, for the more effectual preventing and further Punishment of Forgery.

Adjourn.

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

DIE Jovis, 13^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Sir R. Raymond, Lord Chief Justice of the King's Bench, Speaker by Commission.

The Lord Chancellor being absent; the Lords were informed, "That His Majesty had been pleased to grant a Commission, under the Great Seal, to Sir Robert Raymond Knight, Lord Chief Justice of the Court of King's Bench, to supply the Room and Place of Lord Chancellor in this House."

Whereupon the said Commission was read, by the Clerk, as follows:

"GEORGE R.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To Our Right Trusty and Wellbeloved Counsellor Sir Robert Raymond Knight, Chief Justice of Our Court of King's Bench, Greeting. Know ye, That We, trusting in your approved Fidelity, Wisdom, and Discretion, have constituted, named, and appointed, and, by these Presents, do constitute, name, and authorize you, from Time to Time, to use and supply the Room and Place of Lord Chancellor of Great Britain, in the Upper House of Parliament, amongst the Lords Spiritual and Temporal there assembled, during the Absence of Our Right Trusty and Well-beloved Counsellor Peter Lord King, Baron of Ockham, Lord High Chancellor of Great Britain, from his accustomed Place in Our said Upper House of Parliament; and then and there to do and execute all such Things which Our said Chancellor of Great Britain, using and supplying the said Room and Place, should or might do in that Behalf. Wherefore We will and command you the said Sir Robert Raymond to attend and execute the Premises with Effect; and these Our Letters Patents shall be your sufficient Warrant and Discharge for the same, in every Behalf. In Witness whereof, We have caused these Our Letters to be made Patents.

"Witness Ourself, at Westminster, the Nine and Twentieth Day of January, in the First Year of Our Reign.

"Per ipsum Regem, propria Manu signat.

"Bisse & Bray."

And the Commission being ended, the said Lord Chief Justice was called upon, by the Lords, to take his Place upon the Woolsack; and their Lordships appointed the Mace to be laid thereupon, and carried before him.

PRAYERS.

Countess Dowager of Cassillis arrested:

A Petition of Mary Countess Dowager of Cassillis, was presented to the House, and read; complaining of her being arrested, on Saturday the First Day of this Instant February, at her Lodgings in Pall Mall, by one Agar a Sheriff's Officer, assisted by other Persons, and by them detained in Custody for some Hours; and "That the Action was at the Suit of Michelle Martine Milliner, and James Myonet employed in it as Attorney;" and praying "such Inquiry may be made in this Matter, as to the House shall seem meet."

And thereupon Mr. Alexander Hamilton, Elizabeth Wilcox, and John Austin, being called in, and examined, upon Oath, at the Bar, touching the Allegations of the said Petition:

And being withdrawn:

Myonet to be attached.

It is Ordered, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Body of the said James Myonet, and bring him in safe Custody to the Bar of this House, to answer the said Complaint; 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.

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-nine; 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.

Isaac versus Meredith & al.:

The House was informed, "That the Agents on both Sides, in the Cause wherein Simon Isaac Esquire is Appellant, and Jane Meredith and Alexander Earl of Mount Alexander are Respondents, attended, in Pursuance of their Lordships Order on Friday last, for the Respondents Agent to shew Cause why the Proceedings in the Court of Exchequer in Ireland are not revived; the Appellant being dead."

The said Agents were called in.

And the Petition of John Isaac, Son and Heir and also Executor of the late Appellant, on which the aforementioned Order of this House was grounded, being read:

And Mr. Saunderson, the Respondents Agent, being heard in relation thereunto:

Proceedings to be revived in Ireland.

The Speaker, by Direction of the House, acquainted both the Agents, "That the Respondents, who were Plaintiffs below, should forthwith cause the Proceedings there to be revived; and that, upon Notice to the Petitioner John Isaac of such Revival, he shall cause the said Appeal to be revived here."

And then they were both directed to withdraw.

Pauncefort versus Mead.

Whereas To morrow is appointed, for hearing the Cause wherein Robert Pauncefort Esquire and Robert Georges Gentleman are Appellants, and Jane Mead is Respondent:

Causes put off.

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

Adjourn.

Robertus Raymond Miles, Capitalis Justiciarius de Banco Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 15^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker.

Ross versus Lady Strathnaver.

Upon reading the Petition and Appeal of Alexander Ross, Writer to the Signet; complaining of Two Interlocutors of the Lords of Session in Scotland, of the Eighth of January last, and Fifth Day of this Instant February, made on the Behalf of Catherine Lady Strathnaver; and praying, "That the same may be reversed:"

It is Ordered, That the said Catherine Lady Strathnaver may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Saturday the Fifteenth Day of March next; and that Service of this Order on the Respondent's Agent, or Procurator, in the Court of Session in Scotland, be deemed good Service.

Murray & al. versus Cheyne.

Upon reading the Petition and Appeal of Archibald Murray and Thomas Erskine Advocates, James Baillie and James Armour Writers to the Signet, and William Robertson Writer in Edinburgh, Trustees of John Lewis of Merchistoun; complaining of a Decree, or Interlocutor, of the Lords of Session in Scotland, of the Twenty-eighth of December, and other subsequent Interlocutors, of the Twenty-third and Twenty-eighth Days of January last, made on the Behalf of Mr. James Cheyne; and praying to be relieved therein, according to Justice and Equity:

It is Ordered, That the said James Cheyne may have a Copy of the said Appeal; and he is hereby re quired to put in his Answer thereunto, in Writing, on or before Saturday the Fifteenth Day of March next.

Pyke peremptorily to answer Pyke's Appeal.

The House was informed, "That Thomas Pyke, who, by Order of the Thirty-first of January last, was required to put in his Answer to the amended Appeal of Elizabeth Pyke Widow on or before the Fourteenth Instant, has neglected to put in his Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon William Goostrey Gentleman was called in, and examined, upon Oath, at the Bar, touching the said Service.

And being withdrawn;

And the said Order read:

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

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 Twenty-nine; and for making good the Deficiency of a late Malt Act."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.

V. Molyneux & al. Pet. referred to Judges.

Upon reading the Petition of Richard Lord Viscount Molyneux of the Kingdom of Ireland, and Mary Viscountess Molyneux his Wife, and of Ceryl, William, and Thomas Molyneux, Brothers of the said Richard Lord Molyneux, and of Mary, Frances, Elizabeth, Anne, and Bridget Molyneux; and also of Thomas Clifton Esquire and Mary his Wife, and Dorothy Molyneux, which said Mary Cliston and Dorothy Molyneux are the Daughters and only Children of the said Richard Lord Molyneux; praying Leave to bring in a Bill, to sell divers Lands and Hereditaments, in the County of Lancaster; and to settle other Lands, as an Equivalent for, and in Lieu of, the Lands so to be sold:

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

Scawen & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Thomas Scawen Esquire 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 to enable Thomas Scawen Esquire, and others, to make Leases of several Manors and Lands in Cornwal, according to the Custom of that County, and of the several Manors in which the same do lie."

Isaac versus Meredith. Stone versus Wall:

The House was informed, "That George Harris attended, and desired to deliver in certain Papers and Writings, in the Cause wherein Simon Isaac Esquire was Plaintiff, and Jane Meredith Respondent; and also in the Cause wherein Richard Stone Esquire and others are Appellants, and Garrett Wall is Respondent:"

Pleadings proved.

He was thereupon called in; and delivered, at the Bar, several Proceedings in the said Causes; and attested, upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Adjourn.

Robertus Raymond Miles, Capitalis Justiciarus de Banco Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 17^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker.

Twisleton's Answer to V. Say & Seale's Appeal.

This Day the Answer of Fiennes Twisleton Esquire, One of the Respondents to the Appeal of Lawrence Viscount Say and Seale:

Hopkins et al. Answer to Pratt's Appeal.

As also the Answer of William Hopkins, Benjamin Metford, Henry Talbot, and Joseph Farmer, to the Appeal of John Pratt Esquire;

Were 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-nine; and for making good the Deficiency of a late Malt Act."

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

And the Lord Viscount Falmouth 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."

E. Grandison Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of John Earl of Grandison of the Kingdom of Ireland 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.

Hamilton to enter into Recognizance for Dunean.

The House being moved, "That Alexander Hamilton Gentleman may be permitted to enter into a Recognizance for Charles Duncan, on account of his Appeal; he residing in Scotland:"

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

Pauncefort and Georges versus Mead:

After hearing Counsel, upon the Petition and Appeal of Robert Pauncefort Esquire and Robert Georges Gentleman, Executors of Edward Pauncefort Esquire, deceased; complaining of a Decree, or Decretal Order, of the Court of Chancery, made the Eighth Day of November 1727, in a Cause wherein the Appellants, by Bill of Revivor, were Plaintiffs, and Jane Mead, Widow and surviving Executrix of John Mead deceased, and others, were Defendants; and praying, "That the same may be reversed, and the Appellants relieved, as to this House shall seem meet:" As also upon the Answer of the said Jane Mead put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Decree reversed, in Part, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That that Part of the said Decree, whereby so much of the Appellants Bill as seeks to stay the Respondents the Meads Proceedings at Law against the Appellants, upon the Judgement recovered upon the Note for One Thousand Seven Hundred Seventy-seven Pounds, Twelve Shillings, and Six Pence, is dismissed, with Costs; as also that Part of the said Decree whereby the Injunction in the said Decree mentioned is dissolved, be, and is hereby, reversed: And it is further Ordered, That it be referred to the Master to whom the taking of the Accompts by the said Decree directed to be taken stands referred, to take an Accompt whether any Thing, and what, is due to the Respondent, for Principal, upon the said Note given by the Appellants Testator Edward Pauncefort, to the Respondents Testator John Mead, for One Thousand Seven Hundred Seventy-seven Pounds, Twelve Shillings, and Six Pence; and the Master is hereby directed, in taking the said Accompt, to allow to the Appellants, and deduct thereout, the Sum of One Thousand Two Hundred Eighty-seven Pounds, Six Shillings, and Six Pence, the Price of the Three Tallies of the said Edward Pauncefort, sold by Hill, and paid into the Shop of Fowle and Mead; as also such Sums of Money, if there shall be any, as shall be found due, in the Hands of the Respondent, the Representative of John Mead, coming to the Appellants upon the Foot of the Accompt directed to be taken by the said Decree, after the Allowances thereby directed to be made to them; and if, after such Deduction and Allowance of the said Sum of One Thousand Two Hundred Eighty-seven Pounds, Six Shillings, and Six Pence, and of such Sums found due to the Appellants, if any shall be in the Hands of the Respondent, out of the said Sum of One Thousand Seven Hundred Seventy-seven Pounds, Twelve Shillings, and Six Pence, there shall remain any Surplus or Part of the said One Thousand Seven Hundred Seventy-seven Pounds, Twelve Shillings, and Six Pence, due to the Respondent, the Master is to compute and carry on Interest for such Surplus, for the Payment of which said Surplus and Interest, together with the Costs in obtaining the said Judgement, the Master shall appoint Time and Place; and, in case the Appellants shall pay the same accordingly, the Respondent is to cause Satisfaction to be acknowledged upon the Record of the said Judgement; and a perpetual Injunction shall be awarded, to stay all further Proceedings thereupon; but, in case the Appellants shall make Default in Payment of such Surplus, Interest, and Costs, at the Time and Place to be appointed as aforesaid, the Injunction is to stand dissolved, so far as to leave the Respondent at Liberty to levy such Surplus, Interest, and Costs, together with such further Costs as she shall be put unto in the Recovery thereof, and no more; but if, in taking the said Accompts of the said Respondent, according to the Directions of the said Decree, there shall be found coming to the Appellants, from the Respondent, more Money than, together with the said One Thousand Two Hundred Eighty-seven Pounds, Six Shillings, and Six Pence, shall be sufficient to discharge the said Sum of One Thousand Seven Hundred Seventy-seven Pounds, Twelve Shillings, and Six Pence, Principal Money, due on the said Note, that then such Sum of Money as shall be more than sufficient to discharge the said One Thousand Seven Hundred Seventy-seven Pounds, Twelve Shillings, and Six Pence, shall be paid by the Respondent to the Appellants; and in such Case, the Respondent shall cause Satisfaction to be acknowledged upon the Record of the said Judgement; and a perpetual Injunction shall be awarded, to stay all further Proceedings thereupon; and, with these Alterations, the rest of the Decree is to stand.

Baldwyn & Ux. versus Middleton & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Samuel Baldwyn Esquire and Elizabeth his Wife are Appellants, and Anne Middleton, Thomas Lord Onslow, 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.

Scawen's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas Scawen Esquire, and others, to make Leases of several Manors and Lands in Cornwal, according to the Custom of that County, and of the several Manors in which the same do lie."

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 Tuesday the Fourth 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.

E. Grandison's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for settling the Estates of John Earl of Grandison in the Kingdom of Ireland, and James Fitzgerald Villiers Esquire, commonly called Lord Villiers, his Son and Heir Apparent, pursuant to an Agreement made before, and in Consideration of, the Marriage of the said Lord Villiers with Jane his Wife."

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein the Merchants of Almaine are Appellants, and Sir Jacob Jacobsen and Theodore Jacobsen are Respondents:

It is Ordered, That the Hearing the said Cause be adjourned till Friday next; and the other Causes removed one Cause-day in Course.

Adjourn.

Robertus Raymond Miles, Capitalis Justiciarius de Banco Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 18^o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker.

Mason versus Hawkins & al.

The joint and several Answers of Moses Hawkins, Mary Dawes, Darius Deek and Elizabeth his Wife, and William Dawes, Five of the Respondents to the Appeal of Samuel Mason Esquire:

Lady C. Jones & al. answer to V. Say & Seale's Appeal.

As also, the Answer of the Lady Catherine Jones, the Lady Hewett, Peter Hawker, and Thomas William Burman, Four of the Respondents to the Appeal of Lawrence Viscount Say and Seale;

Were brought in.

D. of Beaufort tkes his Seat.

This Day Henry Duke of Beaufort sat first in Parliament, after the Death of his Father Henry Duke of Beaufort; his Grace 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.

Daye & al. to enclose Barnet Common.

Upon reading the Petition of William Daye, Rector of the Parish of Barnett, in the County of Hertford, and Francis Feilding Curate of the said Parish, and of several Persons having a Right of Commoning, or Pasturing, on a great Waste, or Common, called Barnett Common; praying Leave to bring in a Bill, for the effectual enclosing and allotting One Hundred Thirty-five Acres of the said great Waste, or Common; as to this House shall seem meet and most proper:

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

Perrott & Ux. Pet. referred to Judges.

Upon reading the Petition of Henry Perrott of Barnesly in the County of Gloucester Esquire and Martha his Wife; praying Leave to bring in a Bill, to sell several Manors, Messuages, Lands, and Hereditaments, in the County of Oxon; and to lay out the Money arising thereby in the Purchase of other Estates, to be settled to the same Uses as the Lands to be sold are and stand limited:

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.

Malt Bill:

Hodie 3^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 Twenty-nine; and for making good the Deficiency of a late Malt Act."

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

It was Resolved in the Affirmative.

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

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

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

E. Grandison's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for settling the Estates of John Earl of Grandison in the Kingdom of Ireland, and James Fitzgerald Villiers Esquire, commonly called Lord Villiers, his Son and Heir Apparent, pursuant to an Agreement made before, and in Consideration of, the Marriage of the said Lord Villiers with Jane his Wife."

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 Wednesday the Fifth 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.

Countess of Casselis' Privilege:

A Petition of James Myonet, in Custody of the Gentleman Usher of the Black Rod attending this House, was presented, and read; expressing his Ignorance of the Countess Dowager of Cassillis being a Peeress of Great Britain, or the Nature of her Ladyship's Quality; and that he had made his Submission to her, and was heartily sorry for his Offence, in taking out a Writ against her; and praying, "That he may be discharged out of Custody."

And thereupon Mr. Alexander Hamilton, the said Countess Dowager's Agent, was called in, and heard, as to the Allegations of the said Petition.

And being withdrawn:

Myonet to be brought to the Bar, in order to his Discharge.

It is Ordered, That the Petitioner be brought to the Bar on Thursday next, in order to his being discharged; paying his Fees.

Lamplugh's Pet. referred to Judges.

Upon reading the Petition of Thomas Lamplugh Clerk, Rector of Bolton Percy, in the County of the City of York, and Honor his Wife, on Behalf of themselves and their Four Insant Children; praying Leave to bring in a Bill, for the vesting in the Petitioner Thomas Lamplugh, and his Heirs, a Leasehold Estate in the County of York, freed and discharged of and from the Trusts in the Petition mentioned; and for settling Part of a Feesimple Estate at Potto, in the said County, of as good or better Value, in Lieu thereof:

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

D of Kent et al. Pet. referred to Judges.

Upon reading the Petition of Henry Duke of Kent, on the Behalf of the Lady Mary Grey his Daughter, an Infant, and of John Campbell Esquire, commonly called Lord Glenorchy, on the Behalf of Jemima Campbell his Daughter, an Insant, and also of John Lord Ashburnham and Jemima Lady Ashburnham his Wife, and Charles Cavendish Esquire, commonly called Lord Charles Cavendish, and Lady Anne Cavendish his Wife; praying Leave to bring in a Bill, for Sale of the Manor of Steane, and divers Lands, Tenements, and Hereditaments in the County of Northampton; and for laying out the Money arising by such Sale in the Purchase of an entire Estate, to be settled to the same Uses:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Justice of the Court of Common Pleas; with the usual Directions, according to the Standing Orders.

Deefor Widow Pyke to give Security for Costs, and Time to answer.

Upon reading the Petition of Nicholas Dee and Edward Dee Gentlemen; praying, "In regard Thomas Pyke, who lodged an Appeal last Session of Parliament, is since dead, that Elizabeth Pyke, his Widow, who hath amended the said Appeal, may be compelled to give good Security for Payment of Costs; and that the Petitioners may have Liberty, and a reasonable Time, allowed them to put in their Answers:"

It is Ordered, That the Agent for the said Elizabeth Pyke may have a Copy of the said Petition; and attend this House on Thursday next, in order to be heard, touching the Allegations of the said Petition.

State of the National Debt delivered.

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

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

And then he withdrew.

And the Title of the said State and Accompt was read by the Clerk.

Cobb, Leave for a Bill to dissolve his Marriage.

Upon reading the Petition of Thomas Cobb; praying Leave to bring in a Bill, to dissolve his Marriage with Rachel Krebs; and to enable him to marry again:

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

Harrys admitted, in Forma Pauperis:

Upon reading the Petition of Anne Harrys, Respondent to the Appeal of the Marchioness Dowager of Annandale; praying, "That she may have the Protection of the House, during such Time as the said Appeal shall be depending; and that she may be admitted in Forma Pauperis; and Mr. Lutwyche and Mr. Hamilton assigned as her Counsel; and Mr. Joshua Bartholomew, of Furnivall's-Inn Court, Holbourn, as her Solicitor:"

And thereupon an Order of the Petitioner's being so admitted in the Court below, and an Affidavit of her Poverty, being read:

Counsel and Solicitor assigned her.

It is Ordered, That the Petitioner be admitted in Forma Pauperis, as desired; and that Mr. Lutwyche and Mr. Hamilton be assigned her Counsel, and Mr. Bartholomew her Solicitor, as prayed.

Bumpsted, Leave to withdraw his Appeal.

Upon reading the Petition of William Bumpsted; praying, "That he may be at Liberty to withdraw his Appeal, to which the Governor and Company of Merchants of Great Britain, trading to The South Seas and other Parts of America, are Respondents;"

And thereupon the Agents on both Sides, attending, were called in.

And Mr. George North, Solicitor for the Respondents, acquainted the House, "They consented to the Prayer of the said Petition."

And being withdrawn:

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

Cotesworth's Pet. referred to Judges.

Upon reading the Petition of Robert Cotesworth Esquire; praying Leave to bring in a Bill, to enable the Petitioner to sell Part of an Estate in the County of Durham; and, for that Purpose, to empower the Lord Bishop of Durham, and his Successors, from Time to Time, and at all Times hereafter, to grant separate Leases of the Manors of Gateshead, alias Gateside, and Whickham, in the said County, or otherwise to relieve the Petitioner, as to this House shall seem meet; the Lord Bishop of Durham consenting thereto:

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

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for naturalizing Peter Lapierre, John Stephen Benezet, Stephen Teissier, and Godsrey Schreve;" to which they desire the Concurrence of this House.

Boate's Pet. referred to Judges.

Upon reading the Petition of Carey Boate, Widow and Relict of Godfrey Boate Esquire, late One of His Majesty's Justices of the Court of King's Bench in Ireland, on Behalf of herself and of Denton Boate her Son, an Infant of the Age of Fifteen Years, or thereabouts; praying Leave to bring in a Bill, for ascertaining the Petitioner's Jointure, and Sale of certain Estates in Ireland; and for applying the Money for the Purposes in the Petition mentioned; with such other Provisions to be made in the Bill as to this House shall seem meet:

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

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 Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand; the Lords being likewise in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands to let the Commons know, "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 of that and the Title of the other Bill to be passed, severally, as follow:

Bills passed.

"1. 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-nine; and for making good the Deficiency of a late Malt Act."

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

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

"2. An Act to naturalize Peter Frere Brotherson."

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

Soit fait comme il est desire."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Grey, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Henry Grey Esquire and Elizabeth his Wife, and others, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition 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 the more effectual putting in Execution an Act of Parliament, passed in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, An Act for 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."

Lapierre et al. Nat. Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Peter Lapierre, John Stephen Benezet, Stephen Teissier, and Godfrey Schreve."

Delafay's Pet. to be added to it.

Upon reading the Petition of Theodore Delafaye Gentleman; praying to be added to the Bill last mentioned:

It is Ordered, That the said Petition do lie on the Table till the said Bill be read a Second Time.

Adjourn.

Robertus Raymond Miles, Capitalis Justiciarius de Banco Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 20^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bovall versus Theobald.

The Answer of Peter Theobald Esquire and Joseph Theobald, to the Appeal of Frances Bovall Widow:

E. of Tankerville versus Aldsworth.

Also, the Answer of Richard Neville Aldsworth an Infant, by Richard Aldsworth Esquire his Father and Guardian, One of the Respondents to the Appeal of Charles Earl of Tankerville:

Duncan versus Ure

As likewise, the Answer of Archibald Ure, to the Appeal of Charles Duncan;

Were this Day brought in.

Lifts of Prisoners referred to Committee Debters.

The Lord Chancellor acquainted the House, "That, in Pursuance of their Lordships Order, he had wrote to the Keepers of the several Prisons, as directed, and to all the Sheriffs of England; and had received some Returns of the Lists of Prisoners."

And his Lordship delivering in the same:

They were ordered to be referred to the Lords Committees appointed to consider the Case of Debtors, as to the Imprisonment of their Persons.

Tamesz:

A Petition of John Tamesz Junior:

St. Andre;

Also, a Petition of Nathaniel St. Andre:

and Lang and Dorrien's Pet. to be added to Nat. Bill.

And likewise, a Petition of Henry Lang and Theodore Dorrien;

Were severally presented to the House, and read; praying, "That they may be added to the Bill, intituled, An Act for naturalizing Peter Lapierre, John Stephen Benezet, Stephen Teissier, and Godfrey Schreve."

And the said Petitions were severally ordered to lie on the Table till the said Bill be read a Second Time.

Persons to be naturalized sworn.

Then the Petitioners, together with Theodore Delafaye, took the Oaths appointed, in order to their Naturalization.

Lapierre & al. Nat. Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Peter Lapierre, John Stephen Benezet, Stephen Teissier, and Godfrey Schreve."

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

Petitions referred to Committee.

Ordered, That the several Petitions of Theodore Delafaye, John Tamesz Junior, Nathaniel St. Andre, Henry Lang, and Theodore Dorrien, which were ordered to lie on the Table till the Second Reading of the said Bill, be referred to the said Committee.

Grey's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more effectual putting in Execution an Act of Parliament, passed in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act for 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."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees before named:

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

Judges to attend, on arguing Two Writs of Error.

Ordered, That the Judges do attend this House, on arguing the Errors assigned upon Two Writs of Error; in One of which, Hugh Lord Archbishop of Ardmagh and Nathaniel Whaley Clerk are Plaintiffs, and the King, by His Attorney General, is Defendant; and in the other, Hugh Powell Esquire is Plaintiff, and the King's Majesty, by His Coroner and Attorney in the Court of King's Bench, is Defendant.

Sparrow & al. versus Shaw.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up Two Writs of Error:

One, wherein William Sparrow and others are Plaintiffs, and William Shaw is Defendant:

Vaughan versus Webster.

And in the other, Thomas Vaughan Gentleman is Plaintiff, and Sarah Webster Widow is Defendant.

State of the Nation to be considered.

Ordered, That, on this Day Sevennight this House will take into Consideration the State of the Nation; and the Lords to be summoned.

Countess of Cassillis Privilege; Myonet discharged:

James Myonet, in Custody of the Gentleman Usher of the Black Rod attending this House, for causing a Writ to be taken out, for arresting the Countess Dowager of Cassillis, a Peeress of Great Britain, was (according to Order) brought to the Bar; where he, on his Knees, receiving a severe Reprimand from the Lord Chancellor for his Offence, was discharged out of Custody, paying his Fees.

Then it was agreed, "That the said Myonet be called in, and examined, upon Oath, as to the Person who employed him in the said Arrest, and who executed the said Writ."

Martine and Agar to be attached.

Accordingly he was called in, and sworn, and examined as to those Two Particulars; and acquainted the House, "That one Mrs. Martine, a Milliner in Leicester Fields, employed him to cause the said Lady to be arrested; and one James Agar, a Bailiff, at The Butchers Arms, in Newport Market, executed the Writ."

And being withdrawn:

It is Ordered, That the Gentleman Usher of the Black Rod, his Deputy or Deputies, do forthwith attach the Bodies of the said Mrs. Martine and James Agar, and bring them in safe Custody to 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.

Sir J Rushout's Pet reterred to Judges.

Upon reading the Petition of Sir John Rushout Baronet, Lord of the several Manors of Harrow, alias Sudbury, and Rectory of Harrow, in the County of Middlesex; praying Leave to bring in a Bill, to enable the Petitioner to make such Agreements as may be binding to the Lords of the said Manors for the Time being; and to any Persons, and their Heirs, who shall hereafter purchase any Copyhold Estate within the said Manors:

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

Cobb, to dissolve his Marriage, Bill.

The Earl of Ilay presented to the House, in Pursuance of their Lordships Order on Tuesday last, a Bill, intitu led, "An Act to dissolve the Marriage of Thomas Cobb with Rachel Krebs, and to enable him to marry again; and for other Purposes therein mentioned."

The said Bill was read the First Time.

And ordered to be read a Second Time To-morrow Sevennight; and Notice thereof affixed on the Doors of this House; and the Lords to be summoned; and that the said Thomas Cobb may be heard, by his Counsel, at the Second Reading of the Bill, in order to make out the Truth of the Allegations thereof; and that Notice be given to the said Rachel of the said Second Reading, with a Copy of the said Bill; and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the Bill, at the Second Reading thereof.

Dee to answer Pyke's amended Appeal.

The House (according to Order) proceeded to take into further Consideration the Petition of Nicholas Dee and Edward Dee Gentlemen, presented to this House on Tuesday last.

And the Agents on both Sides attending, they were called in.

And the Agent for the Petitioners being asked what he had to say; he acquainted the House, "That the Petitioners desired only Liberty to put in their Answer to the amended Appeal of Elizabeth Pyke Widow."

And the said Agents being withdrawn:

It is Ordered, That the said Nicholas Dee and Edward Dee may have a Copy of the said amended Appeal; and do put in their Answer or respective Answers thereunto, in Writing, within Ten Days.

Goddard's Pet. referred to Judges.

Upon reading the Petition of Margaret Goddard, Widow and Relict of Mark Goddard, late of the City of Bristol, Merchant, deceased, and of Mark Goddard, Son of the said Mark and Margaret Goddard, and of Hannah Goddard, Wife of the said Mark Goddard the Son; praying Leave to bring in a Bill, to enable the Petitioners to make such Leases of Part of their Estate as may be a suitable Encouragement to Builders to improve the same, for the Benefit of the Petitioners and their Family:

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

Rodd, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Lucy Rodd Widow, and others, was reserred; 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 vest several Messuages, Lands, and Tenements, in the Parish of Stoke Canon, in the County of Devon, in Trustees, to be sold, for the Payment of the Debts of Bampsyld Rodd Esquire, deceased."

Adjourn.

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