House of Lords Journal Volume 24: March 1733, 1-10

March 1733, 1-10

DIE Veneris, 2^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bishop of Bristol takes the Oaths.

This Day Charles Lord Bishop of Bristol came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Henley's Petition referred to Judges.

Upon reading the Petition of Anthony Henley, of Grange, in the County of Somerset, Esquire; praying Leave to bring in a Bill, for Sale of the Manor of Holwell in the said County, and other Estates, in order to discharge Incumbrances; and for making a further separate Provision for the Lady Elizabeth Henley:

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.

Bisley Commons enclosing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing divers Parcels of Commons and Waste Grounds, within the Manor of Bisley, in the County of Gloucester."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, of any Five of them; to meet on Monday the Nineteenth Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

L. Bathurst & al. Petition referred to Judges.

Upon reading the Petition of Allan Lord Bathurst and Catherine Lady Bathurst his Wife, Benjamin Bathurst their Eldest Son and Elizabeth his Wife, Elizabeth Davies an Infant, Richard Banner of Hampstead Hall in the County of Stafford Esquire and Mary his Wife, and Arthur Daggett Vicar of Thedingworth in the County of Leicester; praying Leave to bring in a Bill, for vesting of Lands and Tithes, belonging to the Petitioners Davies and Daggett, in Hothorpe, in the County of Northampton, in Trustees, to such Uses as an Estate of the said Lord Bathurst, in Hothorpe aforesaid, now stands settled:

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.

Sir Theodore Janssen's Petition referred to Judges.

A Petition of Sir Theodore Janssen Knight and Baronet, was presented, and read; praying Leave to bring in a Bill, for vesting in the Petitioner and his Heirs the Remainder in Fee Simple of an Estate in the County of Dorset, formerly settled in the Family of the Lord Stourton, with a Remainder to Queen Elizabeth, Her Heirs and Successors; which Estate has been lately purchased by the Petitioner, and conveyed to him by the Archbishop of Canterbury.

King's Consent signified.

Whereupon, the Earl of Scarbrough signified to the House, "That His Majesty, having been informed of the Purport of this Petition, was pleased to consent, with relation to the Interest of the Crown, that their Lordships might do therein as they think fit:"

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.

Asheton's Petition referred to Judges.

Upon reading the Petition of Thomas Asheton, of Ashley; in the County Palatine of Chester, Esquire, in Behalf of Thomas Asheton, his only Son, an Infant; praying Leave to bring in a Bill, for the making certain Articles of Agreement, lately entered into, for rendering all Differences touching an Estate in the Petition mentioned, sormerly belonging to Jane Cholmondeley Widow, obligatory and effectual, with respect to the said Infant and his Heirs:

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.

Stainton & al. Petition referred to Judges.

Upon reading the Petition of Henry Stainton Merchant, and others; praying Leave to bring in a Bill, for settling an Estate, in the Petition mentioned, of Thomas Bawtry, in the County of York, Esquire, in the Name and Blood of the Bawtrys; and for making his Will more effectual:

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.

Sir John Tynte, &c. Petition referred to Judges.

Upon reading the Petition of Sir John Tynte Baronet and Charles Tynte Esquire; praying Leave to bring in a Bill, to enable the Petitioners, when in Possession, to make Leases or Copyhold Grants of certain Lands in the County of Somerset, as their Father Sir John Tynte Baronet was empowered to do:

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.

Dowdeswell's Petition referred to Judges.

Upon reading the Petition of Richard Dowdeswell Esquire and his Wife, on Behalf of themselves and an Infant Son; praying Leave to bring in a Bill, for the Sale or Mortgage of certain Estates, late of Charles Dowdeswell Esquire, the Petitioner's Brother, in the Counties of Gloucester and Worcester, in order to raise Thirteen Thousand Pounds, to satisfy what shall appear due to Robert Wylde Esquire, for Principal, Interest, and Costs:

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.

Colmore & al. Petition referred to Judges.

Upon reading the Petition of Thomas Colmoré of London Merchant, his Wife, and others; praying Leave to bring in a Bill, for the compleating and carrying into Execution certain Articles of Agreement in the Petition mentioned, in order for the Sale of certain Estates, in the Counties of Warwick and Salop, belonging to the Petitioner Thomas, for the Payment of his Debts, and other Purposes:

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.

Drax's Petition referred to Judges.

Upon reading the Petition of Henry Drax Esquire and his Wise, on Behalf of their Two Infant Sons; praying Leave to bring in a Bill, to enable the Persons claiming under the Will of Sir Edward Ernle Baronet to make Leases of certain Premises, in the Petition mentioned, in the County of Wilts, according to the usual Course and Method of the Country:

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.

Buckland Newton Common Fields enclosing, Leave for a Bill.

Upon reading the Petition of Sir William Napier Baronet, Lord of the Manor of Buckland Newton, in the County of Dorset, and others; praying Leave to bring in a Bill, for enclosing several Common Fields, in the Parish of Buckland Newton aforesaid:

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

E. Thomond's Bill.

Hodie 2^a vice lecta est Billa, 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."

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

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

Chipping Warden Commons enclosing, Bill.

Hodie 2^a vice lecta est Billa, 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."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Tuesday the 13th Day of this Instant March; and to adjourn as they please.

L. Archibald Hamilton's Bill.

Hodie 2^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."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Saturday the 17th Day of this Instant March; and to adjourn as they please.

Lady Gage, &c. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of the Lady Viscountess Gage and Mr. Whorwood 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 the Lady Viscountess Gage and her Trustees, and Thomas Whorwood Esquire, to purchase Lands of Inheritance, with the Money arising by Sale of their Estate in the County of Bucks."

Warden & al. for a Bill to change their Names.

Upon reading the Petition of Thomas Warden Esquire and others; praying Leave to bring in a Bill, to enable the Petitioners, and the other Persons directed by a Settlement made by Charles Sergison, late of Cuckfield, in the County of Sussex, Esquire, deceased, and others, to take the Name, and use the Arms, of Sergison:

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

Chauncy to be heard against the Bill to enclose Chipping Warden Commons.

Upon reading the Petition of Toby Chauncy Esquire; praying, "That he may be heard, by his Counsel, against passing the Bill for enclosing Common Fields, in the Parish of Chipping Warden, in the County of Northampton:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioner may be heard, by his Counsel, before the said Committee; as may Counsel be heard for the said Bill at the same Time.

Fox's Petition concerning Persons claiming under late L Bingley's Will, referred to Judges.

Upon reading the Petition of George Fox Esquire and Harriot his Wife; praying Leave to bring in a Bill, for enabling the several Persons to whom Estates for Life are limited by the Will of the late Lord Bingley, Father of the Petitioner Harriot, to make Leases, as well of the Estates comprized in the said Will, as of those which shall be purchased pursuant to the Directions thereof:

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.

Lutwidge's Appeal to be received.

The House (according to Order) proceeded to take into Consideration the Motion for dispensing with the Standing Order, limiting the Times for bringing in Appeals, so far as that the Appeal of Thomas Lutwidge may be received; the same being intended to be presented within the Time limited, but prevented by an unfortunate Accident.

And the Petition and Affidavit of the said Lutwidge were read.

And the Petitioner's Agent in London was called in, and heard.

And Parts of Two Letters from the Petitioner to the said Agent, in relation to this Matter, were read.

And he being withdrawn:

It is Ordered, That the said Appeal be received accordingly.

Lutwidge and How against Gray & al.

A Petition and Appeal of Thomas Lutwidge, Merchant in Whitehaven, and Peter How Merchant, his Assignee, was presented, and read; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 12th of February 1732, and of an Interlocutor of the said Lords, of the 5th of July last, affirming the same, made on the Behalf of Archibald Gray, John Buchannan, and John King, Merchants in Glasgow; and praying, "That the said Interlocutors may be reversed:"

It is Ordered, That the said Archibald Gray, John Buchannan, and John King, 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 Friday the 30th Day of this Instant March; and that Service of this Order upon their Attornies, or Procurators, before the Court of Session in Scotland, be deemed good Service.

Anderson and his Son admitted in Forma Pauperis.

A Petition of Alexander Hamilton Gentleman, Agent for Thomas Anderson, Father and Son, was presented, and read; praying, "That the Petitioners may be admitted to prosecute their Appeal, depending in this House, in Forma Pauperis; and that Mr. Ryder and Mr. Hume Campbell may be assigned Counsel for the Appellants."

Whereupon the Petitioner was called in.

And giving Proof to the House, "That the Appellants were admitted, by the Court of Session in Scotland, to the Benefit of the Poor's Roll;" he was directed to withdraw.

And being withdrawn:

It is Ordered, That the said Appellants be admitted in Forma Pauperis, as desired; and that the said Mr. Ryder and Mr. Campbell be assigned them for their Counsel.

Cholmondeley's Petition referred to Judges.

Upon reading the Petition of Charles Cholmondeley, of Vale Royal, in the County Palatine of Chester, Esquire, his Wife, and Infant Son; praying Leave to bring in a Bill, for Sale of the Petitioner's Estate, in the Hundred of Wirrall, in the said County, for Payment of Debts:

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.

Persons to be naturalized, sworn.

Joshua Van Neck, Nicholas Van Beeck, Evert Van Hartball, and Peter Stapel, took the Oaths appointed, in order to their Naturalization.

Gerbard, Natural. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize Justus Gerhard and Paul L'Hospital."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Wednesday next:

And that the Petitions of the several Persons, praying to be added to the said Bill, which were ordered to lie on the Table, be referred to the said Committee.

Hepburn Rickart against E. Hoptoun.

This Day being appointed, for hearing the Cause, upon a Petition and Appeal of James Hepburn Rickart Esquire, presented to the House the 2d Day of March 1731; complaining of certain Interlocutors of the Lords of Session in Scotland, in Behalf of Charles Earl of Hoptoun, Respondent to the said Appeal:

It was directed, that the Counsel should be called in.

But the House being informed, "That none attended:"

Direction was then given, to call in the Agents.

Accordingly the Appellant's Agent (who only attended) came to the Bar; and being asked, "Why Counsel did not appear, in order to make good the Matter of the Appeal?"

He was thereupon heard, what he had to say in relation thereunto.

And was directed to withdraw.

Appeal dismissed.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Appeal be, and is hereby, dismissed this House.

Snow, for receiving Way's Appeal.

A Petition of Robert Snow Gentleman, for and on Behalf of Juliana Way, Widow of Thomas Way, was presented to the House, and read; praying, "In regard the Petitioner was, by Stress of Weather, driven on Shore in The Isle of Man, as he was coming from Ireland, in order to prepare and present an Appeal of the said Juliana Way, from certain Proceedings in the Court of Exchequer in that Kingdom, and thereby prevented from appealing within the Time limited by the Standing Order; that the said Order may be so far dispensed with, in this Case, that her Appeal may be received."

And a Motion being made, "To dispense with the said Standing Order:"

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

Adjourn.

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

DIE Lunæ, 5^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Heron against D of Queensberry.

The Answer of Charles Duke of Queensberry and Dover, to the Appeal of Patrick Heron Esquire:

Sir James Cuningham against Chalmers.

As likewise, the Answer of John Chalmers Esquire, to the Appeal of Sir James Cunningham of Milncraig Baronet;

Were brought in.

E. Thomond's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for exemplifying Two Marriage 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," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which appeared to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

D. Newcastle & al. Petition referred to Judges.

Upon reading the Petition of Thomas Holles Duke of Newcastle, Philip Dormer Earl of Chesterfield, and Gervase Scrope Esquire; praying Leave to bring in a Bill, to make a Division or Partition of certain Manors, Messuages, Lands, and Tenements, in the County of York; and that the same may be ascertained and allotted to the Petitioners respectively, to hold in Severalty, according to their several Interests therein:

It is Ordered, That the Consideration ot 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.

East India Company against Attorney General.

The House being moved, at the Request of His Majesty's Attorney General, Respondent to the Appeal of the United Company of Merchants of England trading to The East Indies, "That the hearing the same may be put off for a Week, in regard Mr. Perkins, the Respondent's Solicitor, is, upon a Summons, gone the Circuit:"

Whereupon the said Mr. Perkins's Clerk was called in; and attesting, upon Oath, the Truth of the Fact abovementioned:

And being withdrawn:

It is Ordered, That the Hearing of the said Cause be put off till after the Causes already appointed.

Visc. Gage and Mr. Whorwood's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Lady Viscountess Gage and her Trustees, and Thomas Whorwood Esquire, to purchase Lands of Inheritance with the Money arising by Sale of their Estate in the County of Bucks."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Tuesday the 20th Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Cotter against E. Barrymore & al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Laurence Cotter Esquire is Appellant, and James Earl of Barrymore and others are Respondents.

And One of the Appellant's Counsel was heard:

And, having stated the Case at large, concluded with praying a Reversal of the Orders and Decrees of the Court of Chancery in Ireland.

And proceeding to read Evidence in the Cause; the Respondents Counsel acquainted the House, "That Proposals had been made for an Accommodation of the Matters in Difference, which he believed would be accepted; and therefore hoped the House would allow Time to write into Ireland."

Then they were directed to withdraw.

And being withdrawn:

It is Ordered, That the further hearing the said Cause be put off to Tuesday after the Recess at Easter.

Martin to enter into a Recognizance for Bagenal.

The House being moved, "That William Martin Esquire may be permitted to enter into a Recognizance for Walter Bagenal Esquire, upon account of his Appeal depending in this House; the Appellant being in Ireland:"

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

Adjourn.

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

DIE Martis, 6^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Holmes against Lysaght.

The Answer of John Lysaght Esquire, to the Appeal of Henry Holmes Esquire and Anne his Wife:

E. Thomond against Hamiltons:

As likewise, the Answers of John Hamilton and James Hamilton Esquires, to the Appeal of Henry Earl of Thomond in the Kingdom of Ireland, and Viscount Tadcaster;

Were brought in.

Legh's Petition to add Respondent to his Appeal.

Upon reading the Petition of George Legh Esquire; praying Liberty to amend his Appeal, to which George Earl of Warrington is Respondent, by making Henry Legh Esquire and Sir Henry Manwaring Baronet other Respondents; and that they may be required to put in their Answers:

It is Ordered, That the Petitioner may amend his Appeal, by making those Two Persons Respondents thereunto; and that they do put in their Answer or respective Answers; but without Prejudice to the hearing this Cause at the Time the same now stands appointed.

The House was adjourned during Pleasure.

The House was resumed.

Mutiny Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters:"

Moved, "That it be an Instruction to the said Committee, That the Number of Forces specified in the said Bill do not exceed Twelve Thousand."

After long Debate thereupon;

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

According to the Order of the Day, the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

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."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Mercurii, septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 7^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Green against Pool.

The Answer of Elizabeth Poole (Executrix of Sir John Delavall Baronet deceased), to the Appeal of Charles Green:

Denham against Baillie.

As also the Answer of James Baillie, to the Appeal of Mr. Archibald Denham;

Were brought in.

D. of Gordon & al against Sir J. Suttie.

Upon reading the Petition and Appeal of Cosmo George Duke of Gordon, and James Chalmers his Guardian, William and James Falls, Merchants in Dunbar, George Seton of Barnes, and John Yeaman Portioner of Nungate; complaining of several Interlocutors of the Lords of Session in Scotland, of the last of February 1731/2, the 29th of July 1732, the 22d and 28th of February 1732/3; and of an Interlocutor of the Lord Haining, of the 2d of this Instant March, made on the Behalf of Sir James Suttie; and praying, "That the same may be reversed:"

It is Ordered, That the said Sir James Suttie may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the 4th Day of April next; and that Service of this Order upon the Respondent's Agent, or Procurator, before the Court of Session in Scotland, be deemed good Service.

E. of Thomond's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for exemplifying Two Marriage 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."

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. Thomas Bennet and Mr. Edwards:

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

Respondents to Sir T Prendergast's Appeal, peremptorily to answer.

The House was informed, "That Joseph Oshaghnassy and Francis Enraght have not put in their Answer to the Appeal of Sir Thomas Prendergast Baronet, though duly served with the Order of this House for that Purpose."

And thereupon Alexander Brodie Gentleman was called in.

And making Oath, at the Bar, of the due Service of the said Order:

He was directed to withdraw.

And being withdrawn:

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

D. of Argyll against Hamilton, &c.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Duke of Argyll and Greenwich is Appellant, and Elizabeth, Anna, and Isabella Hamilton, and Sir William Gordon, 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.

E. of Thomond against Hamiltons.

The like Motion and Order, for hearing the Cause wherein Henry Earl of Thomond in the Kingdom of Ireland is Appellant, and James Hamilton and John Hamilton Esquires are Respondents, on the next vacant Day for Causes after those already appointed.

Heron against D. of Queensberry.

The like Motion and Order, for hearing the Cause wherein Patrick Heron of Heron Esquire, is Appellant, and Charles Duke of Queensberry and Dover Respondent.

Sir J. Cunynghame against Chalmers.

The like Motion and Order, for hearing the Cause wherein Sir James Cunynghame Baronet is Appellant, and Captain John Chalmers Respondent.

Witnesses to attend, on Sir J Rudd's Bill.

Ordered, That Mr. Ralph Knox, Mr. John Knox, Mr. Rice James, Mr. Mason, Lewis Lewis, Peter Griffith, and William Richards, do attend this House, as Witnesses, on Tuesday next, upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Sir John Rudd Baronet with Lettice Vavghan, and to enable him to marry again; and for other Purposes therein mentioned."

Sir H. Hoghton to enter into a Recognizance for Lutwidge, &c.

The House being moved, "That Sir Henry Hoghton Baronet may be permitted to enter into a Recognizance for Thomas Lutwidge and Peter How, Merchants in Whitehaven, upon account of their Appeal depending in this House:"

It is Ordered, That the said Sir Henry Hoghton may enter into a Recognizance for the said Appellants, as desired.

Holmes against Lysaght.

The House being informed, "That a Person attended, in order to deliver in some Pleadings and Proceedings, in the Cause wherein Henry Holmes Esquire is Appellant, and John Lysaght 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.

Sheldon's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for discharging divers Lands and Hereditaments, at Aberton, in the County of Worcester, Part of the Estate of Francis Sheldon Esquire, a Lunatic, from the Trusts of a former Act of Parliament, made for Payment of the Debts of the said Francis Sheldon; and for vesting another Estate of the said Lunatic, in the County of Gloucester, in Trustees, for the same Purpose," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Ly. Gowran's Pet. to be examined into, and the Persons who signed Bagenal's Appeal to attend.

Upon reading the Petition of Anne Baroness Dowager of Gowran in the Kingdom of Ireland; setting forth, That William Martin of Lincoln's Inne Esquire has lately exhibited to this House an Appeal, from a Decree of the Court of Chancery in the said Kingdom, in Favour of the Petitioner, in the Name of Walter Bagcnal Esquire; who, by a Letter to her, proved by an Affidavit, disavows the said Appeal; and though Application has been made to the said Martin to withdraw the same, yet he refuses so to do;" and praying, "That the said Appeal may be dismissed, with Costs against him; or that such other Order may be made, as to the House shall seem meet:"

It is Ordered, That the said Petition be taken into further Consideration on Friday next, and the Matter thereof then examined into; and that William Taylor and the said William Martin, who appear to have signed the said Appeal as Counsel, do then attend this House.

Way allowed to bring an Appeal.

The House (according to Order) proceeded to take into Consideration the Motion made on Friday last, for dispensing so far with the Standing Order which limits the Times for bringing in Appeals, as that the Appeal of Juliana Way Widow, from Proceedings in the Court of Exchequer in Ireland, may be received; in regard Mr. Robert Snow, a Person employed by her to get the same presented, was, in coming over from that Kingdom, driven, by Stress of Weather, on-shore in The Isle of Man.

And thereupon the said Robert Snow was called in; and attesting, upon Oath, at the Bar, the Truth of the Accident aforementioned:

He was directed to withdraw.

And being withdrawn:

It is Ordered, That the said Juliana Way be permitted to exhibit an Appeal to this House, as desired.

Mutiny Bill.

Ordered, That the Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters," be read the 3d Time To-morrow; and the Lords to be summoned.

L. Dunsany against Shaw:

After hearing Counsel, upon the Petition and Appeal of Randal Lord Baron of Dunsany in the Kingdom of Ireland; complaining of an Order of the Court of Chancery in the said Kingdom, of the 7th of December 1723, for allowing the Respondent's Plea put in to the Appellant's Bill; and praying, "That the same may be reversed:" As also upon the Answer of Thomas Shaw put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

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 Order therein complained of be, and is hereby, affirmed.

Adjourn.

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

DIE Jovis, 8^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Roxburghe against Ker.

The Answer of Christian Kerr of Chatto, and Charles Kerr her Husband, to the Appeal of John Duke of Roxburghe:

Irvine against Sir A. Cumming & al.

Also, the several and joint Answer of Sir Alexander Cumming Baronet and others, to the Appeal of Alexander Irvine of Crimond Esquire and his Brother:

Fitzgerald against Eustace.

And also, the Answer of Christopher Eustace, to the Appeal of Maurice Fitzgerald Gentleman;

Were brought in.

Sheldon's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for discharging divers Lands and Hereditaments, at Aberton, in the County of Worcester, Part of the Estate of Francis Sheldon Esquire, a Lunatic, from the Trusts of a former Act of Parliament, made for Payment of the Debts of the said Francis Sheldon; and for vesting another Estate of the said Lunatic, in the County of Gloucester, in Trustees, for the same Purpose."

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. Holford and Mr. Edwards:

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

Buckland Commons, to enclose, Bill.

The Earl of Marchmont (pursuant to the Order of Friday last) presented to the House a Bill, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Tithings of Buckland Newton, Mineterne Parva, and Knowle, in the Parish of Buckland Newton, alias Buckland Abbas, in the County of Dorset."

And the same was read the First Time.

Holmes against Lysaght

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Henry Holmes Esquire is Appellant, and John Lysaght 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.

Irvine against Sir A. Cumming.

The like Motion and Order, for hearing the Cause wherein Alexander Irvine and William Irvine Esquires are Appellants, and Sir Alexander Cumming Baronet and others Respondents, on the next vacant Day for Causes after those already appointed.

City of Edinburgh against Haddoway and Arnot.

The like Motion and Order, for hearing the Cause wherein the Magistrates and Town Council of Edinburgh are Appellants, and Thomas Haddoway and George Arnot Respondents.

Denham against Baillie.

The like Motion and Order, for hearing the Cause wherein Archibald Denham Advocate is Appellant, and Mr. James Baillie Respondent.

D. of Roxburgh against Kers.

The like Motion and Order, for hearing the Cause wherein John Duke of Roxburghe is Appellant, and Christian Ker and Charles Ker her Husband are Respondents.

Vernon & al. against the City of Dublin:

The House was informed, "That a Person attended, in order to deliver in several Pleadings and Proceedings, in the Cause wherein John Vernon Esquire and others are Appellants, and the Lord Mayor, Sheriffs, Commons, and Citizens, of the City of Dublin, and Humphry French Alderman, Respondents."

Pleadings proved.

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

And then he was directed to withdraw.

For Enrolment of Deeds and Wills of Papists, further Time, Bill.

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

With a Bill, intituled, "An Act for allowing further Time for the Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers and Lessees;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ly Rudd's Pet. for Money to make her Defence.

Upon reading the Petition of Dame Lettice Rudd, Wife of Sir John Rudd Baronet; setting forth, "That she has been served with the Order of this House, made upon the First Reading of the Bill for dissolving the Marriage of the said Sir John with the Petitioner; and that she is in very mean Circumstances, and has not any Friends to assist her, nor any Money to fee Counsel, so as to make any Defence;" and praying, "That she may have an Order for Witnesses; and that the said Sir John may advance her such a Sum of Money, towards making her Defence to the said Bill, as this House shall think proper:"

It is Ordered, That the said Petition be taken into further Consideration To-morrow; and that the Agent or Agents for the said Sir John Rudd, as also the Agent or Agents for the Petitioner, do then attend this House.

Gerhard & al. Nat. Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Justus Gerhard and Paul L'Hospital," was committed: "That they had considered the said Bill, as also the Petitions to them referred; and had made several Amendments thereunto."

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

Mutiny Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

After Debate;

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

It was Resolved in the Affirmative.

Pretest against it:

"Dissentient.

"For the Reasons entered on the Journal last Sessions against the Number of Men then and now to be established; which Reasons we refer to, and think the Cir cumstances of Time now do by no Means lessen the Force of them.

"Bruce.
Strafford.
Gower.
Montjoy.
Litchfield.
Northampton.
Bathurst.
Bristol.
Oxford & Mortimer.
Foley.
Masham.
Coventry.
Berkshire."

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

A Message was sent to the House of Commons, by the former Messengers:

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

Chipping Warden Common, Bill.

Ordered, That the Meeting of the Committee on the 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," which stands for Tuesday next, be put off to this Day Sevennight.

Martin to bring the Original Draught of Bagenal's Appeal.

Ordered, That William Martin Esquire, who signed the Appeal of Walter Bagenal Esquire as Counsel, do, when he attends this House To-morrow, bring with him the Original Draught of the said Appeal.

Respondents peremptorily to answer Anderson's Appeal.

The House was informed, "That Isabella Anderson and others, Respondents to the Appeal of Mr. Thomas Anderson and others, who were required to put in their Answer or respective Answers to the said Appeal, have neglected so to do, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Andrew Wallace 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.

Adjourn.

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

DIE Veneris, 9^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D of Gordon against Sir J. Suttie.

The Answer of Sir James Suttie, to the Appeal of Cosmo George Duke of Gordon and others, was brought in.

Bp. of Norwich takes the Oaths.

This Day Robert Lord Bishop of Norwich came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Clerk Assistant and Gentleman Usher to have Fees of Persons sworn to be naturalized.

The House was informed, "That as there was no particular Fee inserted in the Table of Fees lately settled by their Lordships, for administering the Oaths of Allegiance and Supremacy to Persons in order to their Naturalization, the Solicitors for such Persons refuse to pay for that Service, to the Clerk Assistant attending this House, what is allowed to be demanded and taken by the Clerk of the House of Commons."

And it being thereupon moved, "That there be inserted, in the said Table of Fees, Thirteen Shillings and Four Pence to be paid to the said Clerk Assistant, for swearing every Person in order to be naturalized; and Twelve Shillings and Six Pence to the Gentleman Usher of the Black Rod, from every Person so sworn:"

The same was ordered accordingly.

Fitzgerald against Eustace.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Maurice Fitzgerald Gentleman is Appellant, and Cristopher Eustace 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.

D of Gordon & al. against Sir J. Suttie.

The like Motion and Order, for hearing the Cause wherein Cosmo George Duke of Gordon and others are Appellants, and Sir James Suttie is Respondent, on the next vacant Day for Causes.

Sommers against Goswell, et è contra.

The like Motion and Order, for hearing the Causes wherein Nicholas Sommers Merchant is Appellant, and Dorothy Goswill Widow Respondent, et è contra.

Austen against Flack.

The like Motion and Order, for hearing the Cause wherein Thomas Austen Gentleman is Appellant, and Anne Flack Widow Respondent:

Buckland Common, 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 Tithing of Buckland Newton, Mineterne Parva, and Knowle, in the Parish of Buckland Newton, alias Buckland Abbas, in the County of Dorset."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Wednesday the 21st Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Martin, Leave to withdraw Bagenal's Appeal.

Upon reading the Petition of William Martin Esquire; setting forth, "That he, being properly interested and empowered, did, on the 31st of January last, exhibit an Appeal to this House, in the Name of Walter Bagenal Esquire, to which the Lady Gowran and others Respondents have not yet put in any Answer; and that the Petitioner is now advised, that there are some Informalities in the said Appeal, which have been occasioned merely by his not being acquainted with their Lordships Rules, and for which he humbly begs Pardon;" and praying, "That Leave may be given him to withdraw the said Appeal, without Prejudice to the Rights of any of the Parties concerned in Interest:"

It is Ordered, That the Petitioner be at Liberty to withdraw the said Appeal, according to the Prayer of his Petition.

Ly. Rudd's Pet. considered;

The House (according to Order) proceeded to take into further Consideration the Petition of Dame Lettice Rudd, Wife of Sir John Rudd Baronet; desiring an Order for Witnesses; and that Sir John may advance her Money, to make her Defence against the Bill to dissolve the Marriage between them.

And the Petitioner, and Mr. Rock Agent for the said Sir John, attending; they were called in.

And the said Agent being asked, "What he had to say to the Desire of the said Petition?"

He acquainted the House, "That, if their Lordships should be of Opinion to require Sir John Rudd to advance the Petitioner Money, he hoped the same might be lodged in the Hands of a Third Person, in order to be applied for the Purpose desired."

Whereupon the Petitioner expressing her Desire to have the Money herself:

They were directed to withdraw.

And being withdrawn:

and Money ordered for her Defence.

It is Ordered, That the Petitioner may have an Order for Witnesses, as usual; and that Money be lodged with the Clerk Assistant, sufficient to procure Counsel and Solicitor to assist her in making her Defence to the said Bill, and for the Payment of other Expences.

Adjourn.

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