House of Lords Journal Volume 23: February 1730, 11-20

February 1729, 11-20

DIE Veneris, 13^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

This Day the following Answers were brought in:

Pincke versus Lady Abergevenny.

The Answer of Anne Lady Dowager Bergevenny to the Appeal of Alured Pincke Esquire and Elizabeth Lady Bergevenny.

Small versus Wing.

The Answer of Richard Wing and John Wing, to the Appeal of Alexander Small.

Lucy versus Moor.

The Answer of Robert Moor Esquire, to the Appeal of Frances Lucy Widow.

Atkins & al. versus Rooe and Leman.

The joint and several Answer of Edward Rooe and Neville Leman, to the Appeal of Robert Atkins, Joseph Wyndham, and Robert Green.

Serjeant Baynes versus Downes.

The Answer of George Downes Gentleman, to the Appeal of John Baines Serjeant at Law, John Milner, Jane Barrett, and Sarah Barrett Widow.

Wellington versus Poulson.

The Answer of John Poulson One of the Respondents to the Appeal of Richard Wellington, James and Bethell Wellington, by Bethell Goodwin their Guardian.

Sir Charles Mordaunt & al. Petition referred to Judges.

Upon reading the Petition of Sir Charles Mordaunt Baronet, John Mordaunt Esquire, his Brother, Sir Gerard Conyers Knight, and Alderman of London, and Marmaduke Alington Esquire; praying Leave to bring in a Bill, to enable the Petitioner Sir Charles Mordaunt to settle all and every or any Part of certain Manors and Premises, in the County of Warwick, limited in Jointure to Dorothy Conyers, or any Woman or Women he shall hereafter happen to marry, for or in Part of her or their Jointure or Jointures, subject to a Term of One Thousand Years, and without Prejudice thereto:

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

Calvert, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Felix Calvert 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 for vesting the settled Estate of Felix Calvert Esquire, in the County of Hertford, in him and his Heirs, upon his paying a Sum of Money to Trustees, to be laid out in the Purchase of another Estate, to be settled to the same Uses."

Sir William Carew's Petition, referred to Judges.

Upon reading the Petition of Sir William Carew Baronet, Uncle and One of the Guardians of Sir Richard Warwick Bampfylde Baronet, an Infant under the Age of Twenty-one Years; praying Leave to bring in a Bill, to enable Trustees to renew and fill up Leases of several Estates, in the City of Exon, and Counties of Devon, Dorset, and Somerset, of the said Sir Richard Warwick Bampfylde, during his Minority:

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

Queenborough, &c. Common Fields to enclose, Bill.

The Lord Willoughby of Broke presented to the House, pursuant to the Order of the Sixth Instant, a Bill, intituled, "An Act for appointing Commissioners, to make a Division of certain Common Fields, Lands, and Wastes, within the Manor and Lordship of Queencborough, and the Nether End Fields of South Croxton, in the County of Leicester, among the Proprietors, in order to enclose the same."

The said Bill was read the First Time.

Lillington Common Fields to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing several Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Lillington, in the County of Warwick."

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

Small versus Wing.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Alexander Small is Appellant, and Richard Wing and John Wing 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.

Lucy versus Moor.

The like Motion and Order for hearing the Cause, wherein Frances Lucy Widow is Appellant, and Robert Moor Esquire, Respondent, on the next vacant Day for Causes after those already appointed.

Whaley against The King, in Error.

Upon reading the Petition of Nathaniel Whaley Clerk, One of the Plaintiffs in Error, in a Writ of Quare Impedit depending in this House; praying to be allowed so much Time as shall be thought necessary for instructing a new Counsel, which the Petitioner was obliged to take:

It is Ordered, That the former Order, for appointing the Errors to be argued in this Case on Tuesday Sevennight, be discharged; and 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.

Pincke & Ux. versus Lady Dowager Abergevenny.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Alured Pincke Esquire and Elizabeth Lady Dowager Bergevenny his Wife are Appellants, and Anne Lady Dowager Bergevenny is Respondent:"

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

Robinson & Ux. versus Mercer & al.

After hearing Counsel, upon the Petition and Appeal of George Robinson Gentleman, and Anne his Wife, on Behalf of themselves, and of William Court, an Infant under the Age of Twenty-one Years; complaining of Two Decrees of the Court of Chancery in Ireland, made the Ninth of May and Twenty-first of March 1727, in a Cause wherein Grace Mercer Widow, John, Joseph, Mary, Jemima, James, and Elizabeth Mercer, by their prochein Amy, the said Grace their Mother, were Plaintiffs, and the Appellants Defendants; and pray ing, "That the same may be reversed, and the Plaintiffs Bill dismissed, and the Appellants decreed their Costs of Suit:" As also upon the Answer of the said Grace Mercer Widow, John, Joseph, Mary, Jemima, James, and Elizabeth Mercer, by the said Grace Mercer, their prochein Amie, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decrees 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 Decrees therein complained of be, and the same are hereby, affirmed.

Lullin & al. to be added to Torras's Nat. Bill:

A Petition of Peter Lullin, John Anthony Lullin, James De la Cruze, Peter Muilman, and Conrad Lang, Merchants:

Gander to be added to it:

Also, a Petition of Francis Lewis Gander;

Were severally presented to the House, and read; praying, "That their Names may be inserted in the Bill, intituled, An Act for naturalizing Paul Torras and others."

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

Persons sworn.

Then the several Petitioners to be added to the said Bill were sworn, in order to their Naturalization.

Cutlar to amend his Appeal.

Upon reading the Petition of Archibald Cutlar; praying Leave to amend his Appeal, by complaining of an Interlocutor of the Lords of Session in Scotland, made since the Petitioner's Appeal was exhibited to this House:

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

Torras & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Paul Torras and others."

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

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

Ordered, That the several Petitions, praying, "That the Petitioners Names may be added to the said Bill," which were ordered to lie on the Table till the Second Reading thereof, be referred to the said Committee.

Broyel Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Herman Broyel."

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

To meet on the same Day, at the same Place; and to adjourn as they please.

Respondents to the E. of Aberdeen's Appeal, to answer peremptorily.

The House was informed, "That Alison Callender, James Haliburton, Henry Guild, Andrew Dunnet, and William Earl of March, who, by Order of the Fourteenth of January last, were required to put in their Answer or respective Answers to the Appeal of William Earl of Aberdeen on or before the Eleventh Day of this Instant February, have neglected so to do, though duly served with the said Order for that Purpose."

Thereupon an Affidavit, made by Alexander Ross Writer to the Signet, of the due Service of the said Order, being read:

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, in a Week.

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

DIE Lunæ, 16^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by virtue of a former Commission.

E. of Aberdeen versus Callender & al.

The joint Answer of William Earl of March, Alison Callender Widow, and others, to the Appeal of William Earl of Aberdeen, was brought in.

Viscount Hereford takes the Oaths.

This Day Price Lord Viscount Hereford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Horninghold Common Fields to enclose, Bill.

The Earl of Yarmouth presented to the House (pursuant to the Order on Monday last) a Bill, intituled, An Act for enclosing and dividing the Common Fields and Common Grounds, in the Parish of Horningbold, in the County of Leicester."

And the same was read the First Time.

De Chettoff & al. Leave to appeal.

A Petition of Gio Marino de Ghettoff, A Du Bois de Vroylande, and others, was presented to the House, and read; praying, "In regard the Petitioners attended with their Appeal, complaining of an Order of the Court of Chancery, within a short Time after the Day limited for receiving Appeals, that their said Appeal may be now received."

Thereupon the Petitioners Agent was called in; and acquainted the House, "That the Appeal was kept by the Solicitor General a great while; and after he had signed it, the same lay in the Hands of the Agent's Servant some Time, so that he did not attend, to lodge the said Appeal, till the Twenty-ninth of January last, which was the Day after the Time limited for receiving Appeals."

And being withdrawn:

It is Ordered, That the said Appeal be received, according to the Prayer of the said Petition.

De Ghettoff & al. against London Assurance Company.

Upon reading the Petition and Appeal of Gio Marino de Ghettoff, A Du Bois de Vroylande, Egidius de Connincke, John Baptist Coghells, Peter Melyn, John Michael Melyn, Charles Ivan Colen de Bouchcur, and Mathias Vandernoot Baron Van Kieseghem; complaining of an Order of the Court of Chancery, made the Twenty-first of November last, in a Cause wherein the Appellants were Plaintiffs, and the Governor and Company of The London Assurance were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Defendants may have a Copy of the said Appeal; and do put in their Answer thereunto, in Writing, on or before Monday the Second Day of March next.

Duke of Douglas against Lord Strathnaver.

The House being moved, "That the hearing the Cause wherein Archibald Duke of Douglas is Appellant, and William Lord Strathnaver Respondent, which stands for Wednesday next, may be put off for some Time, in regard the Respondent's Papers are not yet brought from Scotland:"

Thereupon the Appellant's Agent being called in; and consenting thereunto:

It is Ordered, That the hearing the said Cause be adjourned till To-morrow Sevennight.

State of the National Debt, Address for,

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the 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 1728, and the Thirty-first of December 1729, 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.

Prat versus Hopkins & al.

Upon reading the Petition of William Hopkins, Benjamin Midford, Henry Talbot, and Joseph Farmer; praying, In regard the present Appeal of John Prat Esquire does not differ in Substance from another exhibited the last Session of Parliament by the said Mr. Prat, and not prosecuted; that a short Day may be appointed, for hearing the same:"

Hearing appointed on a Bye-day.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Third Day of March next, at Eleven a Clock.

Witness examined, as to the Service on the Respondent to Jervoise's Appeal.

The House being informed, "That James Feild, who by Order of the Twenty-third of January last, was required to put in his Answer to the Appeal of Thomas Jervoise and Benjamin Rudyerd Esquire, on or before the Sixth Instant, had neglected so to do, though Service had been made of the said Order for that Purpose:"

Thereupon a Witness on the Appellants Part was called in, and sworn; and, being examined as to the said Service, acquainted the House, "He served the said Order on the Respondents Agent, but could not attest he made any other Service."

Whereupon he was directed to withdraw.

Pocklington & Ux. versus Sir Compton Domville et è contra.

Counsel (according to Order) were called in; to be heard, upon the Petition and Appeal of Christopher Pocklington Esquire and Elizabeth his Wife; complaining of a Decretal Order of the Court of Chancery in Ireland, made the Seventh of June 1728, upon re-hearing certain Causes, wherein the Appellants and others were Plaintiffs, and Sir Compton Domville Baronet was Defendant, et è contra.

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

And being withdrawn:

It is Ordered, That the further hearing the said Cause be adjourned till To-morrow.

Smollet & al. versus Buntine & al.

Whereas To-morrow is appointed, for hearing the Cause wherein George Smollet Esquire and others are Appellants, and William Buntine and others are Respondents:

It is Ordered, That the hearing the said Cause be adjourned till Wednesday next.

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

Adjourn.

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

DIE Martis, 17^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by virtue of a former Commission.

Pocklington & Ux. versus Sir Compton Domville:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Christopher Pocklington Esquire and Elizabeth his Wife; complaining of a Decretal Order of the Court of Chancery in Ireland, made the Seventh of June 1728, upon re-hearing certain Causes, wherein the Appellants and others were Plaintiffs, and Sir Compton Domville Baronet was Defendant, et è contra; and praying, "That the same may be altered, set aside, and reversed, and the Appellants relieved:" As also upon the Answer of the said Sir Compton Domville put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Decretal Order reversed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decretal Order, complained of in the said Appeal, whereby a Trial at Law is directed, be, and is hereby, reversed; and the subsequent Proceedings to a Trial, and the Verdict thereupon given, be, and is hereby, set aside; and that the Lands of Templeoge, and the Houses and Ground in Dublin, conveyed by the Deeds of Lease and Release of the Twentieth and Twenty-first of December 1686, to Sir William Domville, Sir Paul Ricaut, and Sir Thomas Domville, and their Heirs, to the Uses in the said Deed of Release mentioned, the Equity of Redemption whereof was afterwards purchased by Sir Thomas Domville of the Crown, shall be taken, and are hereby declared to be a full Satisfaction and Discharge of the Sum of Four Thousand Nine Hundred Seventy-four Pounds, Six Shillings, and Five Pence, Part of the Sum of Seven Thousand Five Hundred Pounds, agreed by the Articles made upon the Marriage of Sir Thomas Domville the Thirteenth of May 1686, to be laid out in the Purchase of Lands, Tenements, and Hereditaments, thereby agreed to be settled to the Uses in those Articles mentioned; and that the Respondent Sir Compton Domville, as First Son of the said Marriage, shall hold and enjoy the same, and be deemed and taken to be Tenant in Tail Male thereof, with Remainders thereon expectant, according to the Articles made upon Sir Thomas Domville's Marriage, and according to the Will of the said Sir Thomas Domville; subject nevertheless to, and chargeable and charged with, the Payment of the Sum of Five Hundred Pounds, provided by the said Marriage Articles, for Portions for the Daughters of that Marriage, and the Interest thereof; which Five Hundred Pounds is to be paid to the Trustees named in the Marriage Articles made upon the Marriage of the Appellants Christopher Pocklington and Elizabeth his Wife, the only Daughter of that Marriage; and is to be a full Satisfaction and Discharge of the Sum of Five Hundred Pounds, Part of the Sum of Four Thousand Pounds claimed by the Appellants by their Bill; and that the Court of Chancery in Ireland do estimate and set a just Valuation upon the Estates for Lives, which Richard Morris and his Wife had in the Lands of Ballyfermot, at the Time when Sir Thomas Domville purchased the Reversion in Fee of the said Estate, expectant upon the Estate for Lives of the said Richard Morris and his Wife, which Valuation is to be made according to the Price that Estate for Lives would then have sold for; and shall add the Sum arising upon such Valuation to the Three Thousand Pounds paid by the said Sir Thomas Domville for the Reversion in Fee of the said Estate called Ballyfermot, to the End that it may appear to what Sum the Purchase of the said Estate in Fee in Possession would have then amounted to; and that the said Court of Chancery shall set out and allot, to the said Sir Compton Domville, so much of the said Estate called Ballyfermot, valuing the same at the Price of the Inheritance would have sold for at the Time when Sir Thomas Domville purchased the Reversion thereof as aforesaid; and also, such Part of Gallanstown, valuing that Estate also at the Price which Sir Thomas Domville paid for it, as will fully discharge and satisfy the remaining Part of the Seven Thousand Five Hundred Pounds beforementioned, which is not discharged and satisfied as aforesaid, by the Lands of Templeoge, and the Houses and Ground in Dublin, according to the Directions herein before given; which said Part of Ballyfermot and Gallanstown, so to be allotted in Satisfaction of the Residue and Remainder of the said Sum of Seven Thousand Five Hundred Pounds, shall be held and enjoyed by the said Sir Compton Domville, and he shall be deemed and taken to be Tenant in Tail Male thereof, according to the Limitations comprized in, and the true Intent and Meaning of, the said Marriage Articles, of the Thirteenth of May 1686; and after such Allotment shall be made to the said Sir Compton Domville, the remaining Part of the Lands of Ballyfermot and Gallanstown shall be subject to, and chargeable with, the remaining Part of the Legacies of Four Thousand Pounds, demanded by the Complainants Bill, and liable to raise and satisfy the same, with the Interest thereof, from the Time of the Appellants Marriage, and Maintenance till the Marriage, according to Sir Thomas Domville's Will: And the Court of Chancery in Ireland is hereby ordered to give such further and proper Directions, either by directing Conveyances to be made, wherein all proper Parties shall join, or by directing such Sales or Mortgages to be made as shall be proper, for securing and raising the Legacies demanded by the Appellants, as shall be found necessary, for the effectual carrying this Order and Judgement into Execution, according to the true Intent thereof.

Land Tax Bill.

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

With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Mixbury Common Fields to enclose, Bill.

The Earl of Strafford reported from the Lords Committees to whom the Bill, intituled, "An Act to confirm an Agreement for enclosing the Common Fields, Downs, Waste, and Unenclosed Lands, Part of the Manor of Mixbury, in the County of Oxon," was committed, That they had considered the said Bill, and gone through the same, and made some Amendments thereunto."

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

Ordered, That the Bill, with the Amendments be engrossed.

Broyel, Nat. Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Herman Broyel," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Torras & al. Nat. Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Paul Torras and others," was committed: That they had considered the said Bill, and gone through the same, and added the Names of the Petitioners."

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

Jenyns to dissolve his Marriage, Bill.

The Lord Bingley, pursuant to the Order of the Sixth Instant, presented to the House a Bill, intituled, "An Act to dissolve the Marriage of James Jenyns Esquire with Rachel Estwick; and to enable him to marry again, and to illegitimate the spurious Child that has been born of her since her Separation, and any other Child which shall be born of her; and for other Purposes therein mentioned."

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time on Monday Sevennight, and Notice thereof affixed on the Doors of this House; and the Lords to be summoned; and that the said James Jenyns 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.

Foord versus Foord:

The House being informed, "That John Pattison Gentleman attended, and desired to deliver in several Pleadings and Proceedings, in the Cause wherein William Foord is Appellant, and Ellen Foord an Infant, by her Guardian, Respondent:"

Pleadings proved.

He was thereupon called in; and delivered, at the Bar, the said Pleadings 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.

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

DIE Mercurii, 18^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

The Lord Steward acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty their Lordships Address of Monday last, for a State of the National Debt; and that His Majesty was pleased to say, "He would give Orders to the proper Officers to lay the said State before the House, as desired."

Mixbury Common Fields to enclose, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to confirm an Agreement for enclosing the Common Fields, Downs, Waste, and Unenclosed Lands, Part of the Manor of Mixbury, in the County of Oxon; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

To carry down the said Bill, and desire their Concurrence thereunto.

Land Tax Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty."

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

Corneliz, to enter into a Recognizance for De Ghettoff & al.

The House being moved, "That John Dutry Corneliz, of London, Merchant, may be permitted to enter into a Recognizance for Gio Marino de Ghettoff, A du Bois de Vroylande, and others, on account of their Appeal; they residing in Holland:"

It is Ordered, That the said John Dutry Corneliz may enter into a Recognizance for the said Appellants, as desired.

Calvert's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of Felix Calvert Esquire, in the County of Hertford, in him and his Heirs, upon his paying a Sum of Money to Trustees, to be laid our in the Purchase of another 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 Thursday 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.

Atkins & al. versus Rooe and Leman.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Robert Atkins, Joseph Windham, and Robert Green, are Appellants, and Edward Rooe and Nevile Leman 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.

Torras & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Paul Torras and others."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by 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.

D. Beaufort & al. Petition, referred to Judges.

Upon reading the Petition of Henry Duke of Beaufort, Frances Dutchess of Beaufort, and Edward Digby Esquire; praying Leave to bring in a Bill, for obliging the Petitioners the Duke and Dutchess to take the additional Surname, and bear the Arms, of Scudamore, pursuant to a Settlement made by James late Lord Scudamore in the Kingdom of Ireland; and for vesting the Manors of Wickhall and Ditton Camois, in the County of Cambridge, in the said Duke, in Fee, in Lieu of Part of the Dutchess's Portion; and for other Purposes therein 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.

Smollet & al. versus Buntine & al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein George Smollet and others are Appellants, and William Buntin and others are Respondents.

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; and that the Cause wherein John Staines is Appellant, and Edward Maddock and others, Infants, by their Guardian, are Respondents, be adjourned till 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 Jovis, decimum nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 19^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Smollet & al. versus Buntine & al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of George Smollet Provost of the Borough of Dumbarton, James Duncanson and Humphry Colqyhon, Baillies of the said Borough, Gillies Mitchel Dean of Gild, James Niccoll Treasurer of the said Borough, Sir James Smollet, Dougall Campbell of Craignish, John Semple of Dalmoak, James Campbell Son of William Campbell late Baillie of Dumbarton, James Howat Merchant, John Eueing, William Carruth, John Glen, William Wilson, and John Campbell, Counsellors of the said Borough, Archbald Cook Common Clerk, Allan Semple Officer, and John Campbell Master of Work of the said Borough; complaining of an Interlocutory of the Lords of Session in Scotland, of the Sixth of February 1728/29, and so much of an Interlocutory of the Eighth of the same Month, as finds, "That the Execution of the Warrant against David Colqyhon, upon an Information exhibited against him of an atrocious Crime, by incarcerating him in the Castle of Dumbarton, was a Contrivance of Design to disable him from being present at the then ensuing Election;" and that finds it proved, "That the Appellant George Smollet and those adhering to him were accessary to the said Contrivance and Execution;" which they sound relevant to annul the Election of the Appellant Provost George Smollet, and the other Appellants the Magistrates and Council with him, and therefore reduced the Appellants Election; and also of an Interlocutor of the said Lords of Session; made the Twenty-seventh of the said Month of February, adhering to their former Interlocutory; and praying, "That the same may be reversed:" As also upon the Answer of William Buntin, David Colqyhon, David Weir, Alexander Weir Mer chant, Robert Lattay, William Traquair, William Buntin Younger, John Buchannan, Robert M^calaster, Alexander Weir Taylor, Robert Mitchell, John Kennedy, William Lang, Patrick Hutchinsone, David Hutchinsone, John Colqyhon, William Mitchel, James Smith, and Alexander Gardiner, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Interlocutors seversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Interlocutors of the Lords of Session in Scotland, complained of in the said Appeal, be, and are hereby, reversed: And it is hereby further Adjudged and Declared, That the Election of the said Provost George Smollet and the other Appellants be, and the same is hereby, confirmed and established.

Breton's Petition referred to Judges.

Upon reading the Petition of Moyle Breton, of Kennington, in the County of Kent, Esquire; praying Leave to bring in a Bill, for discharging certain Lands, settled by an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, from the Uses and Trusts therein mentioned; and for resettling the same to the same Uses, or as near as the Death of Parties will admit of, as they stood settled by certain Indentures of Lease and Release in the Petition mentioned; and for other Purposes therein expressed:

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.

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty."

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 Bill, and directed him to report the same to the House, without any Amendment."

L. Cadogan, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Charles Lord Cadogan and the Lady Elizabeth his Wife, for and on Behalf of themselves and of Charles Sloane Cadogan, an Infant, their only Son, 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 the Manor of Okeley, and other Lands, in the County of Bucks, in Trust, for Charles Lord Cadogan and his Heirs; and for settling other Lands, of equal Value, in the Counties of Oxon and Berks, to the same Uses, in Lieu thereof."

Horninghold Common Fields, to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Parish of Horninghold, in the County of Leicester."

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

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein John Staines is Appellant, and Edward Maddock and others, Infants, by their Guardian, are Respondents:

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

Adjourn.

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

DIE Veneris, 20^o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Murphy versus Brown.

The Answer of William Brown Merchant and Hugh Brown an Infant (by the said William Brown his Father and next Friend), to the Appeal of Samuel Murphy, was brought in.

Land Tax Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Broyel's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Herman Broyel."

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. Thurston and Mr. Masham:

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

Message from thence to return Torras & al. Nat. Bill.

A Message was brought from the House of Commons, by Sir Richard Lane and others:

To return the Bill, intituled, "An Act for naturalizing Paul Torras and others;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

L. Cadogan's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Manor of Okeley, and other Lands, in the County of Bucks, in Trust, for Charles Lord Cadogan and his Heirs; and for settling other Lands, of equal Value, in the Counties of Oxon and Berks, to the same Uses, in Lieu thereof."

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 Saturday the Seventh 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.

Lillington Common Fields, to enclose, Bill.

The Lord Foley reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing several Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Lillington, in the County of Warwick," was committed: "That they had considered the said Bill, and gone through the same, and made some Amendments thereunto."

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

Ordered, That the said Bill, with the Amendments, be engrossed.

Ross to enter into a Recognizance for Fergusson.

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

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

E Aberdeen versus Callender & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Earl of Aberdeen is Appellant, and Alison Callender, James Haliburton, 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.

Pleadings proved in several Causes.

The House being informed, "That a Person attended at the Door, and desired to deliver in Pleadings and Proceedings in the Causes following:

"Samuel Murphy against William and Hugh Brown:

"John Vernon Esquire against William Maple Merchant:

"John Minchin Esquire against Mary Edwards:

"James Lord Kingston against Brettridge Badham Esquire:"

Whereupon Richard Brereton was called in; and delivered in, at the Bar, the Pleadings and Proceedings in the said several 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.

Foord to answer peremptorily.

The House being informed, "That Ellen Foord, an Infant, by William Jolly her Guardian, who, by Order of the Fourteenth of January last, was required to put in an Answer to the Appeal of William Foord on or before the Eighteenth Instant, has neglected so to do, though duly served with the said Order for that Purpose:"

Thereupon John Pattison was called in; and examined, upon Oath, at the Bar, touching the said Service.

And being withdrawn:

It is Ordered, That the said Respondent, by her Guardian, do peremptorily put in an Answer to the said Appeal in a Week.

Morgan & al. peremptorily to answer Glisson's Appeal.

The House being informed, "That William Morgan, alias Okeden, and Edmund Morgan, alias Okeden, an Infant, by the said William his Brother and Guardian, Peter Walter, Thomas Hussey, and John Bond, who, by Order of the Twenty-eighth of January last, were required to put in their Answer or respective Answers to the Appeal of Mary Glisson and Magdalca Glisson, Infants, by Conyers Place their prochein Amy, and the said Conyers Place, on or before the Eleventh Instant, have neglected so to do, though duly served with the said Order for that Purpose:"

Thereupon Ferdinando John Paris and William Lawes were called in; and severally examined, upon their respective Oaths, at the Bar, touching the said Service:

And being withdrawn:

It is Ordered, That the Respondents do peremptorily put in their Answer or respective Answers to the said Appeal in a Week.

Prat's Petition, to put off hearing his Appeal.

Upon reading the Petition of John Prat Esquire; praying, "That the hearing his Appeal, which stands appointed for the Third of March next, may be put off till his Counsel return from the Circuits:"

It is Ordered, That the Order for hearing the said Cause the Third of March next be discharged; and that the Hearing thereof be adjourned till Friday the Seventeenth Day of April next.

Gray against His Majesty's Advocate & al.

Upon reading the Petition and Appeal of poor Josoph Gray; complaining of Two Decrees of the Courts of Enquiry and Delegates in Scotland, of the Seventh of November 1723, and Twenty-third of January last, made on the Behalf of His Majesty's Advocate for the Public, the Earl of Hume, and the Creditors of George Hume; and praying, "That the same may be reversed:"

It is Ordered, That His Majesty's Advocate, the Earl of Hume, and the Creditors of the said George Hume, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Twentieth Day of March next; and that Service of this Order on the Agent of the said Creditors at Edinburgh be deemed good Service.

Gray's Petition, to be admitted in Forma Pauperis, to lie on the Table.

Then, a Petition of the said Joseph Gray, was presented to the House, and read; praying to be admitted to prosecute his Appeal in Forma Pauperis, and to have Counsel and Agents assigned.

But no Proof being made of the Petitioner's present Poverty:

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

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; and the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod 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 Land Tax 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 Titles of the other Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty."

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

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

"2. An Act for naturalizing Paul Torras and others."

"3. An Act for naturalizing Herman Broyel."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Soit fait comme il est desiré."

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

Adjourn.

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