House of Lords Journal Volume 24: February 1733, 21-28

February 1733, 21-28

DIE Mercurii, 21^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Stafford against L. Nassau Powlett.

The Answer of the Honourable Nassau Powlett Esquire, commonly called Lord Nassau Powlett, Executor of the Honourable Major General Crofts deceased, to the Appeal of Arthur Stafford and his Wife:

Goswill against Sommers.

As also, the Answer of Nicholas Sommers Merchant, to the Appeal of Dorothy Goswill;

Were brought in.

Green against Pool.

Upon reading the Petition and Appeal of Charles Green Gentleman; complaining of an Order of Dismission of the Court of Exchequer, of the Ninth of November last, made in a Cause wherein the Appellant was Plaintiff, and Elizabeth Pool Defendant; and praying, "That the same may be reversed;" and it appearing that the said Order was not drawn up and entered till the Tenth Day of this Instant February:

It is Ordered, That the said Elizabeth Pool may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Wednesday the Seventh Day of March next.

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-three; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."

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

The Aldham &c. Enclosus Act, referred to a Committee.

Upon reading the Petition of Richard Powys Esquire, Richard Berney Esquire and Mary his Wife, and Stephen Gardiner Gentleman; praying, "In regard the Petitioners Powys and Gardiner were Infants at the Time of passing an Act of the 2d Year of His Majesty's Reign, for enclosing Aldham and Boyne Commons, belonging to the Parish of Hadleigh in Suffolk; and conceiving the same was obtained by Surprize and undue Suggestions, whereby the Interest of the Petitioners is prejudiced; that Leave may be given to bring in a Bill, for repealing so much of the said Act as relates to their Interest in the said Boyne Common:"

It is Ordered, That the Lords following be appointed a Committee, to consider of the said Petition; and report to the House what they shall think proper thereupon; (videlicet,)

Their Lordships, or any Five of them; to meet on Friday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Respondents to the Appeal of the Magistrates of Edinburgh, peremptorily to answer.

The House was informed, "That Thomas Haddaway and George Arnot had not put in their Answer to the Appeal of the Magistrates and Town Council of Edinburgh, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit, made by John Snodgrass Writer in Edinburgh, 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.

Acherley against Acherley:

After hearing Counsel, upon the Petition and Appeal of Thomas Acherley; complaining of a Decree of the Court of Exchequer, of the 19th of February 1730, made in certain Causes, wherein Anne Acherley was Plaintiff, and the Appellant Defendant, et è contra; and praying, "That the same may be reversed:" As also upon the Answer of the said Anne Acherley put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

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

Easton & al. against Stirling.

Upon reading the Petition of Alexander Hamilton Gentleman, Agent for William Stirling Esquire, Respondent to the Appeal of Robert Easton and others; praying, "In regard the Proceedings in this Cause came but lately from Scotland, that the hearing thereof may be put off to Monday next:"

It is Ordered, That the hearing the said Cause be put off to Monday next, as desired.

To encourage Thomson to come over, Bill.

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

With a Bill, intituled, "An Act to allow a further Time to John Thomson to appear, and produce the Books, and discover the Effects, of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest; and to be examined thereupon, at the Times and Places fixed in the Bill; and for allowing the said John Thomson a Proportion out of the Effects of the said Corporation which he shall discover; and for preventing fraudulent releasing or assigning any Debt due from George Robinson, or the said John Thomson, or either of them;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

DIE Jovis, 22^o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

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 Thirty-three; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."

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. Burroughs:

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

To encourage Thomson to come over, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to allow further Time to John Thomson to appear, and produce the Books, and discover the Effects, of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest; and to be examined thereupon, at the Times and Places fixed in the Bill; and for allowing the said John Thomson a Proportion out of the Effects of the said Corporation which he shall discover; and for preventing fraudulent releasing or assigning any Debt due from George Robinson, or the said John Thomson, or either of them."

Ordered, That the said Bill be now read the 3d Time.

The Bill was accordingly read the 3d 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 the former Messengers, to the like Purpose.

Enlarging the Time for taking the Oaths, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Employments or Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstantiation, and receiving the Sacrament; and allowing further Time for that Purpose."

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

And the Lord Haversham 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."

Marq. Annandale against Lord Hope.

Upon reading the Petition and Appeal of George Marquis of Annandale and Charlotta Marchioness of Annandale, his Mother and Guardian; complaining of certain Interlocutories of the Lords of Session in Scotland, of the 18th and 26th of January, and 16th of February, 1732/3, made on the Behalf of John Lord Hope; and praying, "That the same may be reversed:"

It is Ordered, That the said John Lord Hope may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Thursday the 22d Day of March next; and that Service of this Order upon the Respondent's Agent, or Procurator, in the Court of Session in Scotland, be deemed good Service.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty being seated on His 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, that 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 Tides of the other Bills ready for the Royal Assent, as follow:

Bills passed.

"1. An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-three; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."

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 allow a further Time to John Thomson to appear, and produce the Books, and discover the Effects, of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest; and to be examined thereupon at the Times and Places fixed in the Bill; and for allowing the said John Thomson a Proportion out of the Effects of the said Corporation which he shall discover; and for preventing fraudulent releasing or assigning any Debt due from George Robinson or the said John Thomson, or either of them."

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

"Le Roy le veult."

"3. An Act for enclosing several large Common Fields, within the Parishes of Wellsbourne Hastings and Newbold Pacy, in the County of Warwick."

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

"Soit fait comme il est desirè."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Gamble, &c. Petition referred to Judges.

Upon reading the Petition of John Gamble, Committee of the Person of Arthur Esmeade, a Lunatic, and of Joannah Edridge, Sister and Heir Apparent of the said Lunatic; praying Leave to bring in a Bill, for vesting a competent Part of an Estate, in the Petition mentioned, in Trustees, for raising £500. due to the Petitioner John Gamble, in Right of his Wife:

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

Address for Articles of War, and List of Half-pay Officers.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to cause the proper Officers to lay before this House, the Articles of War intended to be established for the Year ensuing.

"And also, A List of the Promotion of the Officers in the Army, since the 25th Day of March last; distinguishing such of the said Officers as were in His Majesty's Service, or in Half-pay, before the said 25th of March."

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

Knapp against Brown & al.

Upon reading the Petition and Appeal of Warner Knapp and Jane his Wife, One of the Daughters of Patience Murphy, of the City of Cork, in the Kingdom of Ireland, Widow, and One of the Sisters and Coheirs of Samuel Murphy Gentleman, deceased, who was only Son and Heir of the said Patience Murphy; complaining of several Orders and Decrees of the Court of Chancery in the said Kingdom, of the 28th of June 1725, the 23d of June and 26th of July 1728, and other subsequent Orders or Proceedings; and praying, "That the same may be reversed; and that William Brown, and William Brown his Son, Thomas Pembroke and Sarah his Wife, may be summoned to answer the said Appeal:"

It is Ordered, That the said William Brown and William Brown, and Thomas Pembroke and his Wife, 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 29th Day of March next; and that Service of this Order upon the said Respondents Attornies or Clerks in the said Court of Chancery in Ireland be deemed good Service.

Adjourn.

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

DIE Veneris, 23^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Duke of Bridgewater against Sir Fia. Edwards.

The Answer of Sir Francis Edwards Baronet, to the Appeal of Scroop Duke of Bridgewater, was brought in.

Enlarging the Time for taking the Oaths, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Employments or Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstantiation, and receiving the Sacrament; and allowing them further Time for that Purpose."

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. Burroughs:

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

Sir J. Rudd's Marriage to dissolve, Bill.

The Lord Delawarr presented to the House (pursuant to the Order of the 1st Instant) a Bill, intituled, An Act to dissolve the Marriage of Sir John Rudd Baronet with Lettice Vaughan; and to enable him to marry again; and for other Purposes therein mentioned."

And the same was read the First Time.

Ordered, That the said Bill be read a 2d Time on Tuesday next come Fortnight, and Notice thereof affixed on the Doors of this House; and the Lords to be summoned: That the said Sir John may be heard, by his Counsel, at the Second Reading of the said Bill, in order to make out the Truth of the Allegations thereof: And that Notice be given to the said Lettice 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.

Bisley Commons, Leave for a Bill to enclose.

Upon reading the Petition of John Stephens, Lord of the Manor of Bisley, in the County of Gloucester, and of the Freeholders of the said Manor; praying Leave to bring in a Bill, to enclose Commons in the said Manor:

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

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act to naturalize Justus Gerhard and Paul L'Hospital;" to which they desire the Concurrence of this House.

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 held in Trust for them;" to which they desire the Concurrence of this House.

Gerhard & ad. Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to naturalize Justus Gerhard and Paul L'Hospital."

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 sitting or voting in, the House of Commons, who have any Pension during Pleasure, or for any Number of Years, or any Offices held in Trust for them."

After Debate;

Proposed, "To reject the Bill."

Moved, "To order, that the same may be read a 2d Time on Tuesday next."

After further Debate;

The Question was put, "Whether the said Bill shall be read a Second Time?"

And it was Resolved in the Negative.

"Dissentient.

Protest against not reading it a Second Time.

"For the Reasons entered in the Journals of this House, the 21st of March 1729, and 2d of March 1730.

"Scarsdale.
Bruce.
Coventry.
Berkshire.
Northampton.
Bridgewater.
Foley.
Gower.
Strafford.
Bathurst.
Litchfield.
Montjoy.
Oxford & Mortimer.
Aylesford."

Bill rejected.

Ordered, That the Bill be rejected.

Persons to be added to Nat. Bill.

Upon reading the Petition of John Clason Junior and Matz Andersen Gronhoff; praying, "That they may be added to the Bill, intituled, An Act to naturalize Justus Gerhard and Paul L'Hospital:"

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

Saunderson to enter into a Recognizance for Knapp.

The House being moved, "That Charles Saunderson, of Simond's Inn, Gentleman, may be permitted to enter into a Recognizance for Warner Knapp and his Wife, upon account of their Appeal; they residing in Ireland:"

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

Adjourn.

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

DIE Lunæ, 26^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Magistrates of Edinburgh against Haddoway and Arnot.

The Answer of Thomas Haddoway and George Arnott, to the Appeal of the Magistrates and Town Council of Edinburgh, was brought in.

Lutwidge, for receiving an Appeal.

A Petition of Thomas Lutwidge, Merchant in Whitehaven, was presented, and read; praying, "That his Appeal from certain Interlocutors of the Lords of Session in Scotland may be received; the same having been prepared in due Time, but omitted to be presented by an unfortunate Accident."

And an Affidavit, made by the Petitioner, verifying the Occasion why the said Appeal was not brought in due Time, being also read:

It was moved, "To dispense with the Standing Order, in this Case."

It is Ordered; That, on Wednesday next, this House will take the said Motion into Consideration; and the Lords to be summoned.

Pitt's Petition referren to Judges.

Upon reading the Petition of George Pitt Esquire and Lora his Wife, William Pitt Esquire his Eldest Son, and John Pitt Esquire his Youngest Son by the said Lora, and of Thomas Wyndham Esquire, One of the Trustees for Elizabeth Wyndham Spinster; praying Leave to bring in a Bill, to estabish and corroborate a Settlement on the intended Marriage of the Petitioner George Pitt's Eldest Son with the said Elizabeth Wyndham:

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

E. Cowper & al Petition referred to Judges.

Upon reading the Petition of William Earl Cowper, Sir George Oxenden Baronet, and others, whose Names are thereunto subscribed; praying Leave to bring in a Bill, for confirming an Agreement for exchanging Lands, in the Parish of Wingham, in the County of Kent:

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

E. of Coventry, Petition referred to Judges.

Upon reading the Petition of William Earl of Coventry; praying Leave to bring in a Bill, for exchanging the Manor or Lordship of Twigmore, in the County of Lincoln, for the Prebend Manor of Milton, in Oxfordshire:

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

Stapel & al. to be added to Nat. Bill.

Upon reading the Petition of Peter Stapel, Evert Van Harthals, Nicholas Van Beeck, Joshua Van Neck, and William Christian Hamburger; praying, "That their Names may be inserted in the Bill, intituled, An Act to naturalize Justus Gerhard and Paul L'Hospital:"

It is Ordered, That the said Petition do lie on the Table till the said Bill be read a 2d Time.

Witnesses to attend Sir J. Rudd's Bill.

Ordered, That Anne Brown, Edward Bland, Mary Page, Mary Bradford, Mary Avery, Anne Hamett, Margaret Read, Jane Sweetman, Mary Cardiff, John Cardiff, Theophilus Morris, Elizabeth Travers, Anne O Neale, Mary Steward, John Jones, Edward Pordage, John Voss, Frances Lewis, Frances Bath, and John Lee, do attend this House, as Witnesses upon the Bill to dissolve the Marriage of Sir John Rudd Baronet, To morrow Fortnight, when the said Bill is appointed to be read a 2d Time.

Bisley Commons enclosing Bill.

The Lord Viscount Falmouth presented to the House (pursuant to the Order of Friday last) a Bill, intituled, An Act for dividing and enclosing divers Parcels of Commons and Waste Grounds, within the Manor of Bisley, in the County of Gloucester."

And the same was read the First Time.

King's Answer to the Address for Articles of War.

The Lord Delawarr acquainted the House, "That the Lords with White Staves had (pursuant to their Lordships Order of Thursday last) waited on His Majesty, with the Address of this House, for the Articles of War, and a List of the Promotion of the Officers in the Army; and that His Majesty had been pleased to order, that the same may be laid before this House."

Articles of War and List of Officers delivered.

The House being informed, "That Mr. Arnold attended at the Door, from the Office of Secretary at War:"

He was called in; and delivered, at the Bar, pursuant to the said Address,

"The Articles of War intended to be established for the Year ensuing."

And also, "A List of the Promotion of the Officers in the Army, since the 25th of March 1732; distinguishing such of the said Officers as were in His Majesty's Service, or in the Half Pay, before the said 25th of March."

And then he was directed to withdraw.

And the Titles of the said Articles and List were read.

Visc. Dowager Lanesborough against The Lessee of Fox:

The House was informed, "That one Mr. Andrew Harvey attended at the Door, with the Transcript of a Record from the Exchequer Chamber in Ireland, upon a Writ of Error, returnable before this House:"

Writ of Error from Ireland.

He was thereupon called in; and attested upon Oath, at the Bar, "That he examined the said Transcript with the Original Record in the said Exchequer Chamber; and that the same was a true Copy."

And having delivered the said Transcript to the Clerk:

He withdrew.

In which Writ of Error,

Mary Viscountess Dowager Lanesborough is Plaintiff;

And Mark Anthony Morgan Esquire, Lessee of George Fox Esquire, Defendant.

Persons to be naturalized, sworn.

John Clason Junior, Matz Andersen Gronhoff, and William Christian Hamburger, took the Oaths appointed, in order to their Naturalization.

L. Archibald Hamilton, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton; praying Leave to bring in a Private 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 confirm Articles of Agreement, entered into between Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, and others, and George Earl of Macclesfield and others, Trustees of a Charity, for vesting in George Earl of Orkney and his Heirs certain Lands, in the County of Berks, to the several Uses, and upon the Trusts, therein mentioned."

E. Thomond, Leave for a Bill:

Upon reading the Petition of Henry Earl of Thomond in the Kingdom of Ireland, and Viscount Tadcaster in the Kingdom of Great Britain; praying Leave to bring in a Bill, for enroling certain Indentures of Lease and Release, dated the 10th and 11th of June 1707, in the Court of Chancery of Great Britain; and that the Exemplification or attested Copies of the Enrolment of the same Indentures, and the Exemplification or attested Copies of an Indenture, dated the 25th of April 1664, already enroled, may be allowed as Evidence in all Courts of Law or Equity in Ireland:

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

Accordingly the Lord Delawarr presented to the House a Bill, intituled, "An Act for exemplifying Two Settlements, made on the Marriage of Henry late Earl of Thomond, and the present Earl of Thomond; and for making the same Evidence in all Courts of Law and Equity in Ireland."

Bill read.

And the same was read the First Time.

Easton & al. against Stirling.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Robert Easton and others are Appellants, and William Stirling of Herbertshire Esquire is Respondent:

And the Appellants Counsel being heard accordingly; and the 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 Martis, vicesimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 27^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Abergavenny's Petition referred to Judges.

Upon reading the Petition of William Lord Abergavenny; praying Leave to bring in a Bill, for Sale of the Manor of Kidderminster, in the County of Worcester, and all the Petitioner's Lands in that Parish; and for laying out the Money arising thereby in the Purchase of other Lands, lying nearer the Bulk of his Estate:

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

L. Guilford, Leave for a Bill to enclose Commons in Chipping Warden:

Upon reading the Petition of Francis Lord Guilford, Lord of the Manor, and Patron of the Advowson, of Chipping Warden, in the County of Northampton, and others; praying Leave to bring in a Bill, to enclose several Common Fields, in the said Manor and Parish of Chipping Warden:

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

Bill read.

Accordingly, the Lord Delawarr presented to the House a Bill, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, lying in the Manor and Parish of Chipping Warden, in the County of Northampton."

And the same was read the First Time.

Austin against Flack.

The House being informed, "That one Andrew Harvey attended, in order to deliver in several Pleadings and Proceedings, in the Cause wherein Thomas Austen Gentleman is Appellant, and Anne Flack Widow Respondent:"

Pleadings proved.

He was 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 was directed to withdraw.

Green to enter into a Recognizance for his Father.

The House being moved, "That Henry Green Gentleman may be permitted to enter into a Recognizance for his Father, upon account of his Appeal depending in this House; he being at a great Distance from London:"

It is Ordered, That the said Henry Green may enter into a Recognizance for his Father, as desired.

Easton & al. against Stirling:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Robert Easton, William Spears, James Young, Alexander Hardie, Thomas Calder, John Bennie, Alexander Muirhead, Jeane Muirhead, James Currie, William Baird, William Gentles, John Waddell, Andrew Dick, Robert Ruchead, Alexander Gentles, Mr. William Young, James Henderson, Robert Stark, Captain Thomas Mallard, John Callender, John Davie, Mr. John Watson, George Renny of Castlerankine, James Brown, William Hay of Glenhead, John Hay, William Hay of Connortoun, Robert Stevenson, John Stark, John Grant, William Muirbead, John Renny of Narvies Mealling, John Angus, Marcus Scott, William Hay of Bowridge, Alexander Brysson, David and John Rennys of Tongur, John Renny of Fisheracre, Robert Ronald, James Short, James Aiken, William Thomson, James Hay, James Willson, William Laing, Andrew Muirhead, John Monteith, Alexander Muirhead of Castlerankine, George Renny of Thomastoun; John Renny, John Tonard, Thomas Heugh, John Muirhead, George Young, William Gilles, Jeane White, Robert Hay, and John Anchie, all Feuers of Denny, for themselves and in Name and Behalf of their Tenants and others concerned; complaining of several Interlocutors of the Lords of Session in Scotland, or of the Lord Ordinary, of the Dates following; (videlicet,) the 3d of December 1723, the 15th of February 1727, the 31st of January, the 1st and 20th Days of February, and the 17th of June, 1729, the 7th of January, the 4th and 7th of February, the 4th, 8th, and 10th of July, the 25th of November, 1730, the 25th of June, the 9th and 28th of July, the 23d of December, 1731, the 2d, 5th, and 25th of February 1732, made on the Behalf of William Stirling of Herbertshire Esquire; and praying, "That the same may be reversed:" As also upon the Answer of the said William Stirling put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutor of the said Lords of Session, made the 31st of December 1730, whereby they sustained the Defence of bona Fide Payment, as to such as uniformly paid to the Minister of Denny a certain Sum in Name of Temd, be, and is hereby, affirmed, with this Addition; (videlicet,) ["for Forty Years before the Commencement of the Suit in this Cause:"] And it is also Ordered and Adjudged, That the several Interlocutors complained of in the said Appeal, or Parts thereof, which are inconsistent with the said Interlocutor as affirmed and amended, be, and are hereby, reversed; but as to those several Interlocutors, or Parts thereof, which are consistent with that Interlocutor as affirmed and amended, the same are hereby affirmed: And it is hereby further Ordered, That the said Lords of Session do proceed in the Cause accordingly.

D. of Roxburgh against Wauchop:

Upon reading the Petition of John Duke of Roxburghe; praying, "In regard John Wauchop of Edmonston, the Respondent to the Petitioner's Appeal, is lately dead, and succeeded by James Don Esquire his Brother, by the Name of James Wauchop of Edmonston; that the Petitioner may be at Liberty to amend his said Appeal, by making the said James Respondent thereunto, in Place of his said Brother:"

New Respordent.

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired; and that the said James Wauchop do put in his Answer thereunto, in Writing, in Four Weeks.

Rickart against E. Hoptoun.

Ordered, That the hearing the Cause wherein James Hepburn Rickart Esquire is Appellant, and Charles Earl of Hoptoun Respondent, be put off to Friday next; and the other Causes removed in Course.

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight; and the Lords to be summoned.

Lutwidge's Petition, for receiving his Appeal, put off.

The House being moved, "To put off the Consideration of the Motion made on Monday last, for dispensing with the Standing Order, limiting the Times for bringing in Appeals, in the Case upon the Petition of Thomas Lutwidge;" praying, "That his Appeal may be received, though the exhibiting thereof was prevented by an unfortunate Accident:"

It is Ordered, That the Consideration of this Matter be adjourned to Friday next.

Kers peremptonly to answer D. Roxburgh's Appeal.

The House was informed, "That Christian Ker and Charles Ker have not put in their Answer to the Appeal of John Duke of Roxburghe within the Time limited, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by James Strang Writer in Edinburgh, of the due Service of the said Order, being read:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, secundum diem Martii jam proxim. sequent. hora undecima Auror. Dominis sic decernentibus.