House of Lords Journal Volume 23: February 1731, 11-20

February 1730, 11-20

DIE Veneris, 12^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bayne. & al. versus Ranby & Ux.

The Answer of John Ranby Esquire and Jane his Wife, Two of the Respondents to the Appeal of John Baynes Esquire, Serjeant at Law, and others, was brought in.

Lewis's Pet. Report of Committee.

The Earl of Strafford reported from the Lords Committees appointed to consider of the Petition of Maurice Lewis Esquire; praying the Determination of this House, Whether the Appeal of Silence Folkes, Executrix of Thomas Folkes Esquire, is so legally lodged that their Lordships will proceed to determine thereupon:" "That the Committee have met, and considered the said Petition; and were attended by Two of the Barons of the Court of Exchequer, by whom they were informed, That the Appellant, in the present Case, cannot, according to the Practice of that Court, revive the Proceedings there." Whereupon the Committee, considering there would be a Failure of Justice if the Appellant was deprived of the Liberty of complaining of such Proceedings before this House, are of Opinion, That the said Appeal is properly lodged; and that the Respondent should put in his Answer."

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

Cardonnel and Lilly versus Browne called L. Kenmare & al.:

Counsel (according to Order) were called in, to be heard, in the Cause wherein James Cardonnel Esquire and Mary Lilly Widow and Administratrix of William Lilly deceased are Appellants, and Valentine Browne Esquire, commonly called Lord Kenmars in the Kingdom of Ireland, and others, are Respondents.

And the Appellants Counsel being heard accordingly, and divers Proofs on their 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And being withdrawn: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.

Adjourn.

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

DIE Sabbati, 13^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Roger Meredith and others:

With a Bill, intituled, "An Act to naturalize Philip Jacob de Neufville and others;" to which they desire the Concurrence of this House.

Cardonnel and Lilly versus Browne called L. Kenmare & al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of James Cardonnel Esquire and of Mary Lilly Widow and Administratrix of William Lilly deceased; complaining of Part of a Decree of the Court of Chancery, made the Twenty-fourth of November 1713; the Report of the Master, of the Tenth of March 1723; and the subsequent Proceedings founded thereupon; in certain Causes, wherein Richard Hedges Esquire was Plaintiff, and the Appellant Cardonnel and others were Defendants; and wherein Valentine Browne Esquire, then an Infant, by his next Friend, and others, were Plaintiffs, and the said Cardonnel and others were Defendants; and praying, "That such Part of the said Decree, as relates to the Payment, Discharge, and Satisfaction, of the Principal Sum of the several Incumbrances claimed by and vested in the Appellants, and the said Report and Proceedings, may be reversed:" As also upon the several Answers of Valentine Browne Esquire, commonly called Lord Kenmare in the Kingdom of Ireland, William Weldon Esquire and Elizabeth his Wife, Edward Herbert Esquire and Frances his Wife (formerly Frances Browne), Margaret Browne, John Asgill, and Richard Hedges, Esquires, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed, with Costs, to the Respondent Hedges.

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, Report, and Proceedings, therein complained of, be, and the same are hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the Respondent Richard Hedges, the Sum of Twenty Pounds, for his Costs in respect of the said Appeal.

De Neusville & al. Nat. Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act to naturalize Philip Jacob de Neusville and others."

Petitions, to be added to it.

A Petition of John Meyer, John Lewis Hansen, and Mathew Nadal, Gentlemen:

Also, a Petition of John Schaak, John Berry Rous, Henry Charles Ragueneau, and Alexander Eynard:

Likewise, a Petition of Maria Ludovica Pitt;

Were severally presented to the House, and read; praying to be added to the abovementioned Bill.

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

Murray to enter into a Recognizance for V. Stormont.

The House being moved, "That the Honourable William Murray Esquire may be permitted to enter into a Recognizance for David Viscount of Stormont, his Father, on account of his Appeal; his Lordship residing in Scotland:"

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

De Smeth for De Ron.

The like Motion and Order, for Conrad De Smeth, of London, Merchant, to enter into a Recognizance for John Martin De Ron, on account of his Appeal; he being beyond Sea.

Adjourn.

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

DIE Lunæ, 15^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Felkes versus Lewis.

The Answer of Maurice Lewis Esquire, to the Appeal of Silence Folkes Widow, was brought in.

Persons to be naturalized sworn.

This Day Maria Ludovica Pitt, John Schaak, John Berru Rous, Henry Charles Raguenau, Alexander Eynard, John Lewis Hansen, John Meyer, and Mathew Nadal, took the Oaths appointed, in order to their Naturalization.

De Neusville & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize Philip Jacob de Neusville and others."

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 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 the Committee.

Ordered, That the Petitions of the several Persons praying to be added to the last mentioned Bill, which on Saturday last were ordered to lie on the Table till the Second Reading thereof, be referred to the said Committee.

Sir J. Lambert versus Sir D. O Carrol:

After hearing Counsel, upon the Petition and Appeal of Sir John Lambert Baronet; complaining of certain Proceedings had before a Master of the Court of Chancery; and an Order of the same Court, made the Twentieth of July 1724; in certain Causes, wherein Sir Daniel O Carrol was Plaintiff, and Sir John Lambert the Appellant's Father, and one Fargus Farrell, were Defendants; and wherein the said Sir Daniel was Plaintiff, and the said Appellant's Father, Daniel Godin, and the Appellant, were Defendants; and praying, "That the said Proceedings and Order may be reversed, so far as the same relate to the First Subscription to the South Sea Company; and that the said Sir Daniel may be ordered to pay back to the Appellant the several Sums of Three Thousand Five Hundred Twenty-five Pounds, and Two Hundred and Fourteen Pounds, with Interest for the same, and the Appellant's Costs which he has been put to in the said Suits:" As also upon the Answer of the said Sir Daniel OCarrol put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Proceedings and Order affirmed.

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

L. Bathurst's Privilege:

Complaint being made to the House, and Oath made at the Bar, "That Rowland Fleetwood Esquire did, within the Time of Privilege of Parliament, cause Edward Green Junior, Gentleman, to make Distresses on some of the Tenants of Allen Lord Bathurst, for Arrears of a Rent Charge due, as was pretended, to the said Rowland Fleetwood, and charged on the Lands of the said Lord Bathurst; and that Henry Mason and Thomas Kingston Bailiffs, together with one Richard Hall, did make, or assist in making, the said Distresses, in Breach of the Privilege of this House:"

Fleetwood & al. to be attached, for making Distresses on his Tenants.

It is therefore Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, do forthwith attach the Bodies of the said Rowland Fleetwood, Edward Green, Henry Mason, Thomas Kingston, and Richard Hall, and bring them in safe Custody to the Bar of this House, to answer their said Offences; 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.

Adjourn.

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

DIE Martis, 16^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

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 Thirty-one;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Catwick Common to enclose, Bill.

The Lord Hobart, pursuant to the Order of this House of the Twenty-ninth of January last, presented a Bill, intituled, "An Act for making Divisions, Enclosures, and Allotments, of the Open Corn Fields and Pastures, in the Lordship of Catwick, in the County of York; and for settling and establishing the Payment of a Yearly Sum to the Rector of Catwick aforesaid, and his Successors, in Lieu of Tithes, pursuant to Agreement between the present Rector and Proprietors of the said Lands."

And the same was read the First Time.

Ranby & Ux. versus Downes & al.; et è contrat:

The House being moved, at the Request of the Parties on either Side, "That Thursday the Fourth Day of March next may be appointed, for hearing the Causes wherein John Ranby Esquire and Jane his Wife are Appellants, and George Downes Esquire, Robert Williamson, John Baynes Serjeant at Law, John Milner Esquire, and Sarah Barrett Widow, Respondents; and wherein the said John Baynes, John Milner, and Sarah Barrett, are Appellants, and John Ranby, and Jane his Wife, George Downes, Jane Dobson, Robert Williamson, and James Dobson, Respondents:

Causes appointed on a Bye-day.

It is Ordered, That this House will hear the said Causes, by Counsel, at the Bar, on the said Fourth Day of March next, as desired.

Arundell's Pet. referred to Judges.

Upon reading the Petition of Frances Arundell Spinster, and George Henry Earl of Litchfield; praying Leave to bring in a Bill, to enable them (during the Minority of Mary Arundell, an Infant) to grant and fill up Leases of the Estates of the said Frances and Mary, in the Counties of Cornwal and Dorset:

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.

Service on De Ron's Clerk in Court to be good.

The House being moved, "In regard John Martin de Ron and John de Ron, Respondents to the Appeal of Gerard Van Neck, are beyond Sea; that Service on their Clerk in Court here may be deemed good Service:"

It is Ordered, That Service on the said Respondents Clerk in Court be deemed good Service, as desired.

Adjourn.

Dominus Raymond declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 17^o Februarii.

Domini tam Spirituales quam Tcmporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

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

Furnese versus Sir C. Peers & Ux. & al.

The Answer of Sir Charles Peers and his Wife, to the Appeal of Henry Furnese Esquire:

As likewise, the Answer of Edward Spackman, to the same Appeal:

Richardson versus Sedgewick.

Also, the Answer of John Sedgwick Gentleman and Elizabeth his Wife, to the Appeal of Robert Richardson Esquire and Elizabeth his Wife:

Fuller versus Sir R. Mill & al.

And likewise, the Answer of Sir Richard Mill Baronet and others, to the Appeal of Samuel Pargiter Fuller an Infant, by Thomas Pargiter Gentleman, his Guardian, and of Edmund Pargiter;

Were brought in.

Mak 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 Thirtyone."

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

De Neufville & al. Nat. Bill.

The Lord Bishop of Lincoln reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Philip Jacob de Neufville, and others," was committed: "That they had considered the said Bill, as also the several Petitions to them referred; and had gone through the Bill, and made several Amendments thereunto."

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

Address for a State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officers to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the Thirty-first of December 1729, and Thirty-first of December 1730; 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.

Southwell to take the Oaths in England, Bill.

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

With a Bill, intituled, "An Act to enable Edward Southwell Esquire to take the Oaths in this Kingdom, and to qualify himself for the legal Enjoyment of the Offices of Principal Secretary of State, and Keeper of the Signet and Privy Seal, of the Kingdom of Ireland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sir R. Levinge versus Lady Levinge.

This Day being appointed, to hear Counsel, upon the Petition and Appeal of Sir Richard Levinge of the Kingdom of Ireland Baronet; complaining of an Order or Decree of the Court of Chancery in the said Kingdom, of the Twenty-ninth of July 1728, made in certain Causes, wherein the Appellant was Plaintiff, and Dame Mary Levinge Widow Defendant; et è contra; and praying, "That the same may be reversed; and that the Appellant may have such Relief as he hath prayed by his Original Bill; and that the Cross Bill, exhibited in the said Court, may be dismissed, with Costs:" As also upon the Answer of the said Dame Mary Levinge put in to the said Appeal:

Counsel accordingly were called in.

And Counsel appearing for the Respondent; but no Counsel for the Appellant, who made Default:

The Respondent's Counsel were heard.

And having prayed an Affirmance of the Decree, with Costs:

And being withdrawn:

Order or Decree affirmed, with Costs.

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

Shafto, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of John Shafto Esquire 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 John Shafto Esquire to make a suitable Settlement upon any Woman he shall marry, and Provision for Younger Children."

Richardson & Ux. versus Sedgwick & Ux.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Robert Richardson Esquire and Elizabeth his Wife are Appellants, and John Sedgwick Gentleman and Elizabeth his Wife 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 Raymond declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 18^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

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

Frederick versus Sir J. Frederick & al.

The joint and several Answer of Sir John Frederick and others, to the Appeal of Thomas Frederick Esquire:

Van Neck's Answer to De Ron's Appeal.

As also, the Answer of Gerard Van Neck, to the Appeal of John Martin de Ron and John de Ron;

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 Thirty-one."

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

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

Ordered, That the said Bill be read the Third Time To-morrow.

Hodgson versus E. of Warrington: at è contra:

Whereas To-morrow is appointed, for hearing the Cause wherein William Hodgson Gentleman is Appellant, and George Earl of Warrington Respondent; et è contra:

Causes put off.

It is Ordered, That the hearing the said Causes be adjourned till Monday next; and that the other Causes, except the Appeal of the Lord Viscount Fauconberg, which is appointed to be heard peremptorily on Wednesday next, be removed One Cause-day in Course.

Southwell to take the Oaths in England, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Edward Southwell Esquire to take the Oaths in this Kingdom, and to qualify himself for the legal Enjoyment of the Offices of Principal Secretary of State, and Keeper of the Signet and Privy Seal, of the Kingdom of 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 To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Shafto's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Shafto Esquire to make a suitable Settlement upon any Woman he shall marry, and Provision for Younger Children."

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 Fifth Day of March next, at the usual Time and Place; and to adjourn as they please.

Isaac for a Deed to be produced at hearing his Appeal.

Upon reading the Petition of John Isaac Esquire, Son and Heir and Executor of Simon Isaac Esquire, deceased; praying, "In regard a Settlement made by one Sir Hans Hamilton, the Second of July 1680, now in the Hands of James Campbell Hamilton Esquire, which was read, as is alledged, at the Hearing in the Court of Exchequer in Ireland, may be produced at the hearing the Petitioner's Appeal in this House:"

It is Ordered, That the said Deed be produced, at the Bar of this House, at the said Hearing, as desired, unless the said Mr. Campbell Hamilton does shew Cause to the contrary by this Day Sevennight; and that Notice be forthwith given him of this Order.

Neilson and Leurick versus Murray & al.

Upon reading the Petition and Appeal of John Neilson of Chappell, and James Laurick of Ladylands; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Twenty-eighth of June 1727, and Twentieth of July 1728, and Day of January 1728; and of the Interlocutors of the Eighteenth and Twenty-second of February 1728, and Twenty-eighth of July and Day of November 1730, and Fifth of February following, made on the Behalf of John Murray, John M^cIere, and James Frazer of Cocklicks; and praying, "That the same may be reversed:"

It is Ordered, That the said John Murray, John M^cJere, and James Frazer, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the Eighteenth Day of March next.

De Neusville & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize Philip Jacob de Neusville 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 it.

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

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

Adjourn.

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

DIE Veneris, 19^o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Tong & al. versus Robinson & al.

The Answer of Ralph Robinson Esquire and others, to the Appeal of Edward Tong and William Wekett Clerks, was brought in.

Southwell to take the Oaths in England, Bill.

The Lord Monson reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Edward Southwell Esquire to take the Oaths in this Kingdom, and to qualify himself for the legal Enjoyment of the Offices of Principal Secretary of State, and Keeper of the Signet and Privy Seal, of the Kingdom of Ireland," 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."

The said Bill was read the Third Time.

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

It was Resolved in the Affirmative.

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

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

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

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 Thirtyone."

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.

Message from thence, to return De Neusville & al. Nat. Bill.

A Message was brought from the House of Commons, by Sir Roger Meredith and others:

To return the Bill, intituled, "An Act to naturalize Philip Jacob De Neusville and others;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Folkes versus Lewis.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Silence Folkes Widow is Appellant, and Maurice Lewis Esquire 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.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for making more effectual the Laws in being, for disabling Persons from being chosen Members of, or sitting or voting in, the House of Commons, who have any Pension during Pleasure, or for any Number of Years, or any Offices holden in Trust for them, by obliging Persons hereafter to be chosen to serve for the Commons in Parliament to take the Oath therein mentioned;" to which they desire the Concurrence of this House.

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

The Lord Chamberlain acquainted the House, "That the Lords with White Staves (pursuant to the Order for an Address, on Wednesday last, for a State of the National Debt) had presented to His Majesty the said Address; and that His Majesty was pleased to say, "He would give Order to the proper Officers; to lay the State of the said Debt before this House accordingly."

L. Paget & al. Leave for a Bill to enclose Nuneaton Common Fields.

Upon reading the Petition of Thomas Catesby Paget Esquire, commonly called Lord Paget, and Sir Thomas Aston Baronet, Lords of the Manor of Nuneaton and Attleborough, in the County of Warwick, and of John Ryder Clerk, Vicar of Nuneaton aforesaid, and of the several other Persons whose Names are thereunto subscribed, being Owners and Proprietors of the Common Fields and Common Grounds lying dispersed in the Townships of Nuneaton and Attleborough aforesaid; praying Leave to bring in a Bill, for enclosing and dividing the said Common Fields and Grounds:

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

Pension Bill.

The House being moved, "That the Bill, intituled, "An Act for making more effectual the Laws in being, for disabling Persons from being chosen Members of, or fitting or voting in, the House of Commons, who have any Pension during Pleasure, or for any Number of Years, or any Offices holden in Trust for them, by obliging Persons hereafter to be chosen to serve for the Commons in Parliament to take the Oath therein mentioned," be now read the First Time:"

The same was objected to.

And a Question being stated thereupon:

It was proposed, "To leave out the Word ["now"].

And, after Debate,

The Question was put, "Whether the Word ["now"] shall stand Part of the Question?"

It was Resolved in the Negative.

Ordered, That the said Bill be read the First Time To-morrow; and the Lords to be summoned.

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 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 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 Titles of the Two other Bills to be passed, severally, as follow; (videlicet,)

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 Thirty-one."

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

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

"2. An Act to enable Edward Southwell Esquire to take the Oaths in this Kingdom, and to qualify himself for the legal Enjoyment of the Offices of Principal Secretary of State, and Keeper of the Signet and Privy Seal, of the Kingdom of Ireland."

"3. An Act to naturalize Philip Jacob de Neusville and others."

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

"Soit sait 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.

Adjourn.

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

DIE Sabbati, 20^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Sir. H. Hoskyrs & Ux. Pet. referred to Judges.

Upon reading the Petition of Sir Hungerford Hoshyns Baronet and Mary Lady Hoskyns his Wife; praying Leave to bring in a Bill, for vesting certain Parts of the Estates of the Petitioner Sir Hungerford in Trustees, to be sold, for raising and paying his Brothers and Sisters Portions, now remaining a Charge on his Estate, together with the Debts and Incumbrances of his Father Sir John Hoskyns, affecting the same:

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.

Catwick Common to enclose Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making Divisions, Enclosures, and Allotments, of the Open Corn Fields and Pastures, in the Lordship of Catwick, in the County of York; and for settling and establishing the Payment of a Yearly Sum to the Rector of Catwick aforesaid, and his Successors, in Lieu of Tithes, pursuant to Agreement between the present Rector and Proprietors of the said Lands."

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

Frederick to make Executors of Sir T. Frederick Parties to his Appeal.

The House being moved, "In regard Sir Thomas Frederick, One of the Respondents to the Appeal of Thomas Frederick Esquire, is dead, since the lodging of the said Appeal; that the Appellant may have Liberty to amend the same, by making the Executors of the said Sir Thomas Parties thereto:"

It is Ordered, That the said Appellant be at Liberty to amend the said Appeal, by making the Executors of the said Sir Thomas Frederick Parties thereto, as desired.

Pension Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for making more effectual the Laws in being, for disabling Persons from being chosen Members of, or fitting or voting in, the House of Commons, who have any Pension during Pleasure, or for any Number of Years, or any Offices holden in Trust for them, by obliging Persons hereafter to be chosen to serve for the Commons in Parliament, to take the Oath therein mentioned."

Motion for Letters to absent Lords, to attend about it.

The House being moved, "That the Lord Chancellor be directed to write circular Letters to the absent Lords; requiring them to attend the Service of this House, before the Second Reading of the said Bill:"

After Debate;

The Question was put thereupon.

And it was Resolved in the Negative.

Ordered, That the said Bill be read a Second Time on Friday next; and the Lords to be summoned.

Commitee to search Precedents for writing to absent Lords.

The Lords following were appointed a Committee, to search Precedents of Orders, directing the Lord Chancellor, Lord Keeper, or Speaker of this House, to write Letters to absent Lords, requiring their Attendance on the Service of this House; (videlicet,)

Their Lordships, or any Five of them; to meet on Monday next, at the usual Time and Place; and to report to the House.

Adjourn.

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