House of Lords Journal Volume 23: February 1729, 21-28

February 1728, 21-28

DIE Veneris, 21^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Harrys' Answer to Marchioness Dow. of Annandale's Appeal.

The Answer of Anne Harrys Spinster, to the Appeal of Charlott Marchioness Dowager of Annandale and her Two Sons, was brought in.

Eyre versus Daly.

Upon reading the Petition of John Burke, Agent for Laughlin Daly, Respondent to the Appeal of John Eyre Esquire; praying, "That the Hearing the said Cause, which stands for Tuesday next, may be put off to such Time as this House shall think fit; the Respondent's Papers not being yet come from Ireland:"

And thereupon the Petitioner, and Mr. Collier the Appellant's Agent, being called in, and heard at the Bar:

And being withdrawn:

It is Ordered, That the Hearing the said Cause be adjourned till the First vacant Day for Causes after those already appointed; and then to be heard peremptorily.

Merchants of Almaine versus Sir J. Jacobsen and T. Jacobsen.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of the Merchants of Almaine; complaining of Part of a Decree of the Court of Chancery, made the Ninth Day of July 1726, in certain Causes, wherein Sir Jacob Jacobsen Knight and Theodore Jacobsen were Plaintiffs, and the Appellants Defendants; et è contra.

And the Appellants Counsel, and One Counsel for the Respondents, being heard; they were directed to withdraw.

And being withdrawn:

It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow, at Eleven a Clock.

Adjourn.

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

DIE Sabbati, 22^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Pyke's Answer to Widow Pyke's amended Appeal.

The Answer of Thomas Pyke Gentleman, Eldest Son and Heir of Thomas Pyke Gentleman, deceased, One of the Respondents to the amended Appeal of Elizabeth Pyke, Widow of the said Thomas Pyke, deceased, was brought in.

E. of Tankerville versus Grey & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charles Earl of Tankerville is Appellant, and Henry Grey Esquire 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.

Marchioness Annandale and Sons versus Harrys.

The like Motion and Order, for hearing the Cause wherein Charlott Marchioness Dowager of Annandale and her Two Sons are Appellants, and Anne Harrys is Respondent, on the next vacant Day for Causes after those already appointed.

Merchants of Almaine versus Sir J. Jacobsen and T. Jacobsen:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of the Merchants of Almaine, being under and of the Confederacy, Liege, and Company, of The Dutch Hanse, otherwise called Merchants of Almaine residing in England, commonly called The Hanse Towns; complaining of Part of a Decree of the Court of Chancery, made the Ninth of July 1726, in certain Causes, wherein Sir Jacob Jacobsen Knight and Theodore Jacobsen Merchants were Plaintiffs, and the Appellants were Defendants, et è contra; and praying, "That the same may be reversed:" As also upon the Answer of the said Sir Jacob Jacobsen and Theodore Jacobsen put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Decree assirmed, with an Addition.

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 is hereby, assirmed; with this Addition, "That the Appellants have Liberty so far to unravel the Accompt of the Thirty-first of December 1680, as to surcharge or falsify the said Accompt, except as to the Articles therein contained, of extraordinary Expences and incident Charges."

Countess of Cassillis Privilege, Martine's Pet. to be discharged:

A Petition of Michell Martine, in Custody of the Gentleman Usher of the Black Rod, for causing a Writ to be taken out, for arresting the Countess Dowager of Cassillis, was presented to the House, and read; expressing her Ignorance of the said Lady's being a Peeress of Great Britain, and her deep Concern for her Offence; and, "having made her Submission to her Ladyship, and being determined never to offend in the like Kind for the future, the Petitioner prays, that the may be discharged out of Custody, being of a very advanced Age, and in an infirm State of Health."

And thereupon Inquiry was made, if any body attended from the said Countess Dowager, to satisfy this House of the Petitioner's Submission as alledged.

But no Person attending for that Purpose; the Black Rod was inquired of, "How long the Petitioner had been in Custody?" and acquainted the House, "She surrendered herself this Day, about Twelve a Clock."

To lie on the Table.

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

Aldham and Boyne Commons, to enclose, Bill.

The Lord Bishop of Carlisle presented to the House, pursuant to their Lordships Order of the Tenth Instant, a Bill, intituled, "An Act for enclosing Aldham and Boyne Commons, belonging to the Parish of Hadleigh, in the County of Suffolk, for the better Maintenance of the Poor of the said Parish."

The said Bill was read the First Time.

Boate, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Carey Boate, Widow and Relict of Godfrey Boate Esquire, on Behalf of herself and of Denton Boate her Son, an Infant, 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 vesting all the Lands and Hereditaments in the County of Tipperary, in the Kingdom of Ireland, late the Estate of Godfrey Boate Esquire, late One of the Justices of His Majesty's Court of King's Bench in the said Kingdom, deceased, in Trustees, to be sold, for the Payment of the Debts of the said Godfrey Boate, and for other Purposes."

Rodd's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to vest several Messuages, Lands, and Tenements, in the Parish of Stoke Cannon, in the County of Devon, in Trustees, to be sold, for the Payment of the Debts of Bampfyld Rodd Esquire, deceased."

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 the Tenth 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.

Pocklington versus Sir Compton Domville:

The House being informed, "That one Mr. Loyd attended, and desired to deliver in several Papers and Proceedings, in the Cause wherein Christopher Pocklington Esquire and Elizabeth his Wife are Appellants, and Sir Compton Domville Baronet is Respondent:"

Papers proved.

Whereupon he was called in; and delivered, at the Bar, the said Papers and Proceedings; 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.

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

DIE Lunæ, 24^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Danson versus Bertie and Watson.

The Answer of Henry Bertie Esquire and Hugh Watson Gentleman, Two of the Respondents to the Appeal of Mary Danson Widow:

As also, the Answer of James Bertie Esquire, One other of the Respondents to the same Appeal;

Were brought in.

Carter's Pet. referred to Judges.

Upon reading the Petition of William Carter, of Redborn, in the County of Lincoln, Esquire, and Sarah his Wife; praying Leave to bring in a Bill, for vesting the Fee Simple and inheritance of certain Manors and Premises, in the Counties of Denbigh, Flint, and Carnarvon, comprized in the Petitioner's Marriage Settlement, in Trustees, discharged from all the Uses, Trusts, and Estates created thereupon; upon the Petitioner William's settling certain Manors, Advowsons, Lands, and Premises, in the County of Lincoln, of much greater Value, to the like Uses:

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.

Lapierre & al. Nat. Bill.

The Lord Bishop of Carlisle reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Peter Lapierre, John Stephen Benezet, Stephen Teissier, and Godfrey Schreve," was committed: "That they had considered the said Bill, as also the several Petitions of Persons to be added thereunto, and made some Amendments to the Bill."

Which, being read Twice by the Clerk, were agreed to by the House.

Duncan versus Ure.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charles Duncan, Deacon of the Goldsmiths of Edinburgh, is Appellant, and Archibald Ure 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.

Magistrates of Perth versus Presbytery of Perth.

Upon reading the Petition and Appeal of the Magistrates and Town Council of Perth, for themselves and in Behalf of the Community of the said Burgh; complaining of several Interlocutors of the Lords of Session in Scotland, of the Twelfth, Twenty-third, and Twenty-fifth of July, the Twenty-first of November, the Twenty-fourth of December, and Fourteenth of January last, and Fifth of this Instant February, made on the Behalf of the Presbytery of Perth; and praying, "That the same may be reversed, and the Appellants relieved:"

It is Ordered, That the said Presbytery of Perth may have a Copy of the said Appeal; and they are hereby required to put in their Answer thereunto, in Writing, on or before Monday the Twenty-fourth Day of March next; and that Service of this Order upon the Respondents Agent, or Advocate before the Court of Session in Scotland, be deemed good Service.

Braine & al. versus Deakin & al.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of William Braine and Elizabeth his Wife, and Henry Mytton Esquire; complaining of a Decree of the Court of Chancery, made the Three and Twentieth of November 1725, in certain Causes, wherein the Appellants, and Richard Woollaston Esquire and Rebecca his Wife were Plaintiffs, and Richard Knight Senior, William Deakin and Susan his Wife, and others, were Defendants; and wherein the said William Deakin and his Wife were Plaintiffs, and the said Richard Knight and others were Defendants.

And the Appellants Counsel, and One Counsel for the Respondent Knight, being heard; they were directed to withdraw.

And being withdrawn:

It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow, at Eleven a Clock; and that the Judges do then attend; and that the Solicitors do wait on them immediately, with the printed Cases.

Bishops Door to be locked up.

Ordered, That the Door on the East Side of the Throne, usually called The Bishops Door, be, every Day, immediately after Prayers, locked up, and the Key brought and laid upon the Lord Chancellor's Woolsack, till the Rising of the House.

Adjourn.

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

DIE Martis, 25^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The House was informed, "That there was without a new-created Lord, ready to be introduced."

L. Lovell introduced:

Then Sir Thomas Coke Knight of the Bath, being, by Letters Patent, dat. Vicesimo Octavo Die Maii, circa Meridiem ejusdem Diei, Anno Regni Georgii Regis Secundi Primo, created Baron Lovell, of Minster Lovell, in the County of Oxon, was (in his Robes) introduced, between the Lord Delawarr and the Lord Clinton (also in their Robes); the Gentleman Usher of the Black Rod, (fn. 1) Junior Garter King of Arms, the Deputy Earl Marshal, and the Lord Great Chamberlain of England, preceding.

His Lordship presented his said Letters Patent to the Lord Chancellor, on his Knee, at the Woolsack; who delivered the same to the Clerk; which was read, at the Table.

His Lordship's Writ of Summons was also read, as follows:

His Writ of Summons.

"Georgius Secundus, Dei Gratia, Magn. Britann. Franc. et Hib'niæ Rex, Fidei Defensor, &c. Dilecto et Fideli Nostio Thomæ Coke Chevalier, Salutem. Cum nuper, de Avisamento et Assensu Concilii Nostri, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Magn. Britann. et Ecclesiæ concernentibus, præsens Parliamentum Nostrum, apud Civitatem Nostram Westm. Vicesimo Octavo Die Novembris, Anno Regni Nostri Primo, teneri ordinaverimus; et ibidem, cum Prælatis, Magnatibus, et Proceribus dicti Regni Nostri, Colloquium habere et Tractatum; quod quidem Parliamentum Nostrum abinde, per separal. Prorogationes et Adjournationes, usque ad et in Octavum Diem Augusti jam prox. sequen. prorogatum et adjournatum fuerat, apud Civitatem Nostram præd. ibidem tunc tenendum et prosequendum; vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, dictis Die et Loco personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus præd. super dictis Negotiis tractatur. vestrumque Consilium impensur.; et hoc sicut Nos et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. Tricesimo Die Maii, Anno Regni Nostri Primo.

"Bisse & Bray."

Which said Writ being ended, the Lord Lovell came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Barons Bench.

Braine & al. versus Deakin & al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of William Braine and Elizabeth his Wife, and Henry Mytton Esquire; complaining of Part of a Decree of the Court of Chancery, made the Three and Twentieth of November 1725, in certain Causes, wherein the Appellants William Braine and his Wife, and Richard Wollaston Esquire and Rebecca his Wife, were Plaintiffs, and Richard Knight Senior, William Deakin and Susanna his Wife, Richard Batch Senior, Richard Tedstill, John Hyde, and Nicholas Edwards, were Defendants; and wherein the said William Deakin and his Wife were Plaintiffs, and the said Richard Knight, Henry Mytton, Thomas Mytton, Edward Knight, William Braine and his Wife, Richard Wollaston and his Wife, Mercy Kinersley, and Rachel Wilcox, were Defendants; and praying, "That the same, so far as the Appellants complain, may be reversed: As also upon the several Answers of William Deakin and Susanna his Wife, Mercy Kinersley, Robert Wilcox and Rachel his Wife, late Rachel Kinersley, Richard Knight Senior Esquire, and Richard Wollaston Esquire and Rebecca his Wife, put in to the said Appeal; and after hearing the unanimous Opinion of all the Judges present, in relation to a Point of Law to them proposed; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of be, and is hereby, affirmed.

For Punishment of Forgery, Bill.

The Lord Chancellor presented to the House a Bill, intituled, "An Act for the more effectual preventing and further Punishment of Forgery."

And the said Bill was read the First Time.

L. Morpeth's Pet. referred to Judges.

Upon reading the Petition of the Honourable Henry Howard Esquire, commonly called Lord Morpeth, and Frances Lady Morpeth his Wife; praying Leave to bring in a Bill, to sell the Manor of Hickling, and divers Messuages, Lands, and Hereditaments, in the County of Nottingham; and to settle another Estate, of greater Value, to the same Uses:

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.

Radclrffe & Us. Pet. referred to Judges.

Upon reading the Petition of Walter Radclirffe Esquire and Admonition his Wife; praying Leave to bring in a Bill, to enable the Petitioner to vest certain Estates, in Witham Fracy, and Black Torrington, in the County of Devon, in Trustees, to be sold; and that the Estates in St. Thomas the Apostle and Whitestone, in the said County, may be settled to the same Uses as the said Estates to be sold are now respectively settled, in Lieu thereof:

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.

Boate's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting all the Lands and Hereditaments in the County of Tipperary, in the Kingdom of Ireland, late the Estate of Godsrey Boote Esquire, late One of the Justices of His Majesty's Court of King's Bench in the said Kingdom, deceased, in Trustees, to be sold, for the Payment of the Debts of the said Godfrey Boate; and for other Purposes."

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 Twelfth 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.

Aldham and Boyne Commons, to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing Aldham and Boyne Commons, belonging to the Parish of Hadlcigh, in the County of Suffolk, for the better Maintenance of the Poor of the said Parish."

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

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

Ordered, That the Lord Delawarr be added to all Committees of which he has not been already named.

Smythe and Moore, Pet. referred to Judges.

Upon reading the Petition of James Smythe, Arthur Moore, and William Moore; praying Leave to bring in a Bill, to enable the Petitioner James, and his Issue Male, to take the Surname of Smythe, according to the Will of William Smythe Esquire, deceased; and for vesting in Trustees Two Thousand Three Hundred and Sixteen Pounds, Sixteen Shillings, and Ten Pence, South Sea Annuities, Part of the Estate of the said William Smythe, to be sold, for the Purposes in the Petition mentioned:

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.

L. Malton, Leave for a Bill to enclose Thurnscoe Common Fields.

Upon reading the Petition of Thomas Lord Malton, Patron of the Church of Thurnscoe, in the County of York, Bryan Benson of London Merchant, Clifford Thirlby Clerk, Rector of the said Church of Thurnscoe, and others; praying Leave to bring in a Bill, to enclose the Common Fields lying within the said Parish of Thurnscoe:

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

De La Bere & al. Pet. referred to Judges.

Upon reading the Petition of Kinard De La Bere Esquire, Committee of the Estate of Thomas Ridler of Edgeworth in the County of Gloucester Esquire, a Lunatic, and of Anne the Wife of the said Thomas Ridler, on Behalf of themselves, and of the said Thomas Ridler, and Elizabeth, Anne, and Barbara Ridler, Infants, Daughters and only Children of the said Thomas and Anne Ridler; praying Leave to bring in a Bill, to enable the Petitioner Kinard De La Bcre to sell and transfer several Sums of Capital Stock, both in the Bank and East India Company, for Payment of the Debts of the said Lunatic; and for securing the Residue of the Money arising by such Sale for his Benefit, in such Manner as shall be thought proper:

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.

Graham's Pet. referred to Judges.

Upon reading the Petition of William Graham, Son of John Graham, late Alderman of Drogheda in the Kingdom of Ireland; praying Leave to bring in a Bill, to enable the Petitioner to make Leases of several Manors and Premises, in the Counties of Lowth and Meath, in the said Kingdom:

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.

Nugent versus Power & al.

The House being informed, "That William Pritchard attended at the Door, and desired to deliver in several Papers and Proceedings, in the Cause wherein Augustine Nugent Esquire is Appellant, and Robert Power and others are Respondents, on the Behalf of the said Respondents:"

Pleadings proved.

He was called in; and delivered the said Papers and Pleadings at the Bar; 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 was directed to withdraw.

Adjourn.

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

DIE Mercurii, 26^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Power & al. Answer to Nugent's Appeal.

The joint and several Answers of Robert Power and Mary his Wife, and Edmund Mandeville and Ellin his Wife, to the Appeal of Augustine Nugent Esquire, were brought in.

Nugent versus Power & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Augustine Nugent Esquire is Appellant, and Robert Power and Mary his Wife, 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.

Purton Common to enclose, Leave for a Bill.

Upon reading the Petition of Thomas Hardyman Esquire, Toby Richmond Esquire, and Mr. Nevil Maskelyne, and others, having Right of Commoning in and on the Common and Commonable Places, within the Parish of Purton, in the County of Wilts; praying Leave to bring in a Bill, for enclosing and dividing the said Commons, according to every Person's Right in the same:

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

E. of Anglesey, Leave for a Bill.

Upon reading the Petition of Arthur Earl of Anglesey; praying Leave to bring in a Bill, to enable the Petitioner to enrol the respective Wills and Codicils of James late Earl of Anglesey and John late Earl of Anglesey, his Brothers, and the Depositions of the Witnesses examined for Proof thereof in the Court of Chancery here; and to allow the Exemplification of the same, under the Great Seal, to be pleaded and given in Evidence in ail Courts of Law and Equity in Great Britain and Ireland:

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

Ross to amend his Appeal.

Upon reading the Petition of Alexander Ross, Writer to the Signet; praying, "That, in regard a Mistake happened in engrossing the Petitioner's Appeal, by omitting some of the Words of an Interlocutor complained of, he may be allowed to amend his said Appeal, no Copy thereof having yet been taken out:"

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

Archbishop of Armagh and Whaley versus The King, in Error:

Whereas, by virtue of His Majesty's Writ of Error, returnable into the House of Lords in Parliament assembled, a Record of the Court of King's Bench was brought into this Court, the Twenty-second Day of January last, with the Transcript thereof, wherein Hugh Archbishop of Ardmagh and Nathaniel Whaley Clerk are Plaintiffs, and the King, by His Attorney General, is Defendant; upon which said Writ Errors being assigned by the said Plaintiffs, and Issue joined by Sir Philip York His Majesty's said Attorney General; and this Day being appointed for hearing the Errors argued in this Case by Counsel at the Bar:

Counsel were heard accordingly.

And thereupon a Doubt arising, "Whether the Writ of Error, returnable into the Court of King's Bench in England from the Court of King's Bench in Ireland, was not abated; the same having been taken out in the Life-time of His late Majesty, but not returnable till after His said late Majesty's Death:"

The Counsel were directed to withdraw.

And the following Order and Judgement was made.

Judgement reversed

"For that it appears to this House, that the Writ of Error returnable into the King's Bench in England was abated by the Demise of His said late Majesty, it is hereby Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the Court of King's Bench in England be, and is hereby, reversed; and that the Record be remitted."

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows:

"Super quo, visis et per Cur. Parliamenti præd. nunc hic plenius intellectis omnibus et singulis Præmissis, diligenterque examinatis et inspectis tam Record. et Process. præd. ac Judic. super eisdem reddit. quam præd. Causis et Materiis per præd. Archiepiscopum et Nathaniel. superius pro Error. assign. maturaque Deliberatione inde habita; et pro eo quod constat Cur. Parliamenti hic, quod præd. Breve de Errore retornabil. in Curia Domini Georgii nuper Regis, coram ipso nuper Rege, ubicunque fuerit in Anglia, fuit abat. per Dimission. dicti nuper Regis; ideo cons. est per eandem Cur. Parliamenti præd. quod Judicium præd. in præd. Cur. dicti Domini Regis nunc, coram ipso Rege apud Westm. revocetur, adnulletur, et penitus pro nullo habeatur; et quod idem Archiepiscopus et Nathaniel ad omnia quæ ipsi Occasione ejusdem Judicii amis. restituantur; ac superinde Record. præd. necnon Process. præd. in eadem Cur. Parliamenti in Præmiss. habit. per eandem Cur. Parliamenti Cur. dicti Domini Regis, coram ipso Rege, remittuntur, &c."

D. of Kent, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Henry Duke of Kent, on the Behalf of the Lady Mary Grey his Daughter, 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 Sale of Two undivided Fourth Parts of the Manor and Lands of and in Steane, in the County of Northampton, the Inheritance of Lady Mary Grey and Jemima Campbell; and for laying out the Money arising by such Sale in the Purchase of an entire Estate, to be settled to the same Uses."

Adjourn.

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

DIE Jovis, 27^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

E. of Anglesey's Bill.

The Lord Viscount Falmouth presented to the House, pursuant to their Lordships Order Yesterday, a Bill, intituled, "An Act for exemplifying the several Wills and Codicils of James late Earl of Anglesey and John late Earl of Anglesey; and for making the same Evidences in all Courts of Law and Equity in Great Britain and Ireland."

And the same was read the First Time.

Mellersh to put in an Answer to Widow Pyke's Appeal.

Upon reading the Petition of Thomas Mellcrsh Yeoman; praying, "In regard Thomas Pyke, who lodged an Appeal last Session of Parliament, is since dead, and his Widow Elizabeth Pyke hath amended the said Appeal, that the Petitioner may have Liberty to put in a further Answer, at the Time by this House granted to the other Respondents for their further Answer to the said amended Appeal:"

It is Ordered, That the said Thomas Mellersh may have a Copy of the said amended Appeal; and do put in his Answer thereunto, in Writing, as desired, in a Fortnight.

D. of Kent's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Two undivided Fourth Parts of the Manor and Lands of and in Steane, in the County of Northampton, the Inheritance of Lady Mary Grey and Jemima Campbell; and for laying out the Money arising by such Sale in the Purchase of an entire Estate, to be settled to the same Uses."

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 Fourteenth 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.

Brewster & Ux. Pet. referred to Judges.

Upon reading the Petition of John Brewster Esquire and Elizabeth his Wife; praying Leave to bring in a Bill, for Sale of Part of a settled Estate, in the County of Essex, for Payment of Debts; and for settling an unsettled Estate, in the said County, of greater Value, in Lieu thereof:

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.

L. Ashburnham's Privilege:

Complaint being made to the House, and Oath made at the Bar, "That Thomas Modgwick had, within the Time of Privilege of Parliament, cut down, or caused to be cut and carried away, a Hedge belonging to the Lord Ashburnham, in the Parish of Dollington, in the County of Sussex, in Breach of his Lordship's Privilege and the Privilege of this House:"

Madgwick to be attached, for cutting down a Hedge.

It is Ordered, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Thomas Madgwick, and bring him in safe Custody to this House, to answer for his Offence; 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.

Persons to attend Committee for Records.

Ordered, That Mr. Blackerby, the Executors of Mr. Lowndes, Mr. Saunderson, and the Representatives of Mr. Awnsham Churchill, do attend this House on Tuesday next, in order to be sworn, to be examined by the Lords Committees appointed to view and inspect Records.

Digby & al. Pet. referred to Judges.

Upon reading the Petition of Jane Digby Widow, Sir Thomas Legard Baronet and Dame Frances his Wife, Francis Fisher Esquire and Jane his Wife, Philadelphia Digby Spinster, and also of Mary, Priscilla, Henrietta, and Lucy Digby, Infants, by the said Jane Digby their Mother and Guardian; praying Leave to bring in a Bill, for Sale of Part of an Estate, in the Counties of Nottingham, Warwick, and Stafford, for Payment of Debts:

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

Lapierre & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Peter Lapierre, John Stephen Benezet, Stephen Teissier, and Godsrey Schreve."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it.

A Message was sent to the House of Commons, Mr. Thurston and Mr. Masham:

To acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.

Mrs. Cobb to have Trne to prepare for her Defence

against the Divorce Bill.

Upon reading the Petition of Rachel the Wife of Thomas Cobb; praying, "That she may have the Order of this House, for her Witnesses to attend; and that the Second Reading of the Bill to dissolve the Marriage of the said Cobb with the Petitioner may be adjourned for a few Days, that she may have a convenient Time to prepare for her Defence:"

It is Ordered, That the Second Reading of the said Bill be adjourned to this Day Sevennight; and that the Petitioner may have an Order for the Attendance of Witnesses, as hath been usual in the like Cases.

Countess of Casselis' Privilege: Martine to be brought to the Bar.

Ordered, That Micbell Martine, in Custody of the Gentleman Usher of the Black Rod attending this House, for causing the Countess Dowager of Cassillis to be arrested, whose Petition on Saturday last was ordered to lie on the Table, be brought to the Bar Tomorrow, in order to her Discharge.

State of the Nation considered.

The House (according to Order) proceeded to take into Consideration the State of the Nation.

After Debate;

Address for His late Majesty's Letter concerning Gibraltar:

It is Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to direct, that a Copy of any Letter writ by His late Majesty to the King of Spain, relating to Gibraltar, be laid before this House."

Also Instructions to Admirals in the Mediterranean and West Indies.

Also, that an humble Address be presented to His Majesty, "That He will be graciously pleased to order to be laid before this House, Copies of the Instructions given since the Year 1725, until the Arrival of the King of Spain's Orders in The West Indies for the Execution of the Preliminary Articles, to Admiral Hosier, and all other Admirals and Commanders of Fleets and Squadrons in The Mediterranean and West Indies; as also Copies of all Letters writ during that Time from the Secretaries of State to such Admirals and Commanders, or from them to the Secretaries of State, so far as they relate to the said Instructions."

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

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

Adjourn,

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

DIE Veneris, 28^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Done versus Polhill.

The Answer of David Polhill Esquire, One of the Respondents to the Appeal of Thomas Done Esquire, was brought in.

E. of Anglesey's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for exemplifying the several Wills and Codicils of James late Earl of Anglesey and John late Earl of Anglesey; and for making the same Evidences in all Courts of Law and Equity in Great Britain and Ireland."

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.

Brydges' Pet. referred to Judges.

Upon reading the Petition of Annabella Brydges, Widow of Doctor Henry Brydges deceased, in Behalf of herself and Robert Brydges her Son; praying Leave to bring in a Bill, for Sale of the Manor of Saperton, and the Advowson of the same, and Dorvilwoods, Haylywoods, and Coatswoods; and, with the Money arising thereby, to purchase another Estate, of equal Value, 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 Mr. Baron Comyns; with the usual Directions, according to the Standing Orders.

Barnett Common, to enclose, Bill.

The Duke of Chandos presented to the House, pursuant to the Order of the Eighteenth Instant, a Bill, intituled, "An Act for enclosing Part of a Common, called Barnett Common, belonging to the Manor of Chippen Barnett, in the County of Hertford; and for vesting a certain Annual Rent Charge in Trustees, for the Benefit of the Poor of the Parish of Chippen Barnett for ever."

And the said Bill was read the First Time.

Message from H.C. with a Bill.

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

With a Bill, intituled, "An Act for naturalizing James Passano;" to which they desire the Concurrence of this House.

Elsdon Common, to enclose, Bill.

Upon reading the Petition of Charles Francis Howard Esquire, Lord of the Manor of Ridsdale, in the County of Northumberland, and of the Freeholders having Right of Common in a large Common, or Tract of Land, called Elsdon Common, lying and being within the said Manor; praying Leave to bring in a Bill, for enclosing and making Partition of the said Common:

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

Countess of Casselis' Privilege: Martine discharged.

Michell Martine, in Custody of the Gentleman Usher of the Black Rod attending this House, for causing the Countess Dowager of Cassillis to be arrested, was (according to Order) brought to the Bar; where she, upon her Knees, receiving a Reprimand from the Lord Chancellor for her said Offence, was discharged out of Custody, paying her Fees.

Moodie versus Stewart.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of Elizabeth Moodie, whereunto John Stewart is Respondent.

And the Counsel for the Appellant proceeding:

Notice was taken, "That there was a Defect in the Appeal, the same not complaining of all the Interlocutors of the Lords of Session in Scotland made in this Cause."

Whereupon the Counsel on both Sides were heard thereunto.

And then they were directed to withdraw.

And the following Order was made:

"Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, upon Payment of Twenty Guineas by the Appellant to the Respondent, for the Costs of this Day, she be at Liberty to amend her said Appeal, as she shall think sit or be advised; and that, when the same shall be amended, the Respondent do, as soon as possible, put in his Answer thereunto."

Passano's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing James Passano."

Warneford's Will to be Evidence, Bill.

Upon reading the Petition of Francis Warneford Clerk; praying Leave to bring in a Bill, to enrol the Original Will of Edmund Warneford Esquire, deceased, and the Depositions of the Witnesses examined for the Proof thereof in the Court of Chancery here; and for exemplifying the same under the Great Seal; and for allowing such Exemplification to be pleaded and given in Evidence in all Courts of Law and Equity in Great Britain and Ireland:

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

Danson versus Trott & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Mary Danson Widow is Appellant, and Nicholas Trott Esquire and Anne his Wife, Elizabeth Moor Widow, Hugh Watson Gentleman, James Bertie and Henry Bertie 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, tertium diem Martii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.