House of Lords Journal Volume 24: February 1732, 21-29

February 1732, 21-29

DIE Lunæ, 21^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lloyd et al. Petition referred to Judges.

Upon reading the Petition of Charles Lloyd Junior and Jane his Wife, Charles Lloyd Senior and Sarah his Wife, John England and Sarah his Wife, Mary Lloyd Spinster, John and Edward Powys, Gabriel Smith, and David Endon; praying Leave to bring in a Bill, for Sale of Lands in the County of Montgomery, for paying a certain Sum of Money in the Petition mentioned; and for laying out the Surplus arising by such Sale, as therein is expressed:

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

Coussmaker's Nat. Bill:

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Agnes Coussmaker," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

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-two."

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

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

E. of Abingdon et al leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Mountague Earl of Abingdon, James Bertic and Willoughby Bertic Esquires, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting several Manors and Hereditaments, the Estate of Mountague Earl of Abingdon, in the Counties of Wilts, Oxon, Bucks, and Berks, in Trustees, to be sold, for raising Money, to discharge Debts and Incumbrances."

Sir J. Rudd, Leave for a Bill to dissolve his Marriage.

Upon reading the Petition of Sir John Rudd Baronet; praying Leave to bring in a Bill, to dissolve his Marriage with Lettice Vaughan, and to enable him to marry again; and to illegitimate any Child or Children which shall be born of the said Lettice, or which may have been born since her living separately from the Petitioner:

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

Adjourn.

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

DIE Martis, 22^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Abingdon's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting several Manors and Hereditaments, the Estate of Mountague Earl of Abingdon, in the Counties of Wilts, Oxon, Bucks, and Berks, in Trustees, to be sold, for raising Money, to discharge Debts and Incumbrances."

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

Process in Courts of Equity, to make effectual, Bill.

The Judges (pursuant to the Order of the 11th Instant) brought in a Bill, prepared by them, intituled, "An Act for making Process in Courts of Equity effectual, against Persons who abscond, and cannot be served therewith, or who refuse to appear."

And the same was read the First Time.

Burrough against Sir F Whichcote and Harding.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Burrough Clerk is Appellant, and Sir Francis Whichcote Baronet and John Harding Esquire 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.

Seymour against Whinyates:

Whereas, by virtue of His Majesty's Writ of Error, returnable into the House of Lords in Parliament assembled, a Record of the Court of King's Bench was brought into this House, the Eleventh Day of this Instant February, with the Transcript thereof, wherein Judgement is entered for Charles Whinyates Esquire, against Edward Seymour Esquire; which said Edward Seymour hath not prosecuted his said Writ, by assigning Errors within Eight Days next following the bringing in of the said Writ and Record (according to the Rules of this High Court); but hath rather brought the said Writ of Error for Delay of Justice, and Execution upon the said Judgement:

Writ of Error remitted, with Costs.

It is this Day Ordered, by the Lords Spiritual and Temporal in Parliament assembled, upon the Petition of the Defendant in Error, complaining of the Delay and Vexation given him by bringing the said Writ of Error, That the said Transcript of the said Record, wherein Judgement is entered for the said Charles Whinyates against the said Edward Seymour as aforesaid, be remitted; and that the said Charles Whinyates may proceed thereupon, as if no such Writ of Error had been brought into this House: And it is hereby further Ordered, That the said Plaintiff in Error do pay, or cause to be paid, to the said Defendant in Error, the Sum of Thirty Pounds, for his Costs on account of the said Delay and Vexation.

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

"Posteaque, scilicet, Die Martis, Vicesimo Secundo Die Februarii, Anno Regni dicti Domini Regis nunc Quinto, coram dicto Domino Rege & Proceribus hujus Regni, in hoc præsenti Parliamento apud Westm. assemblat. ven. præd. Carolus Whinyates in propria Persona sua, & præd. Ed'r'us Seymour licet solempniter exact. non ven. sed Defalt. fecit, nec est Breve suum de Error. corrigend. ulterius prosecut. Ideo cons. est per eandem Cur. Parliamenti præd. quod præd. Ed'r'us Seymour nil capiat per Breve suum præd. & sit in Misericordia, eo quod ipse præd. Breve suum de Error. corrigend. non est prosecut.; & quod præd. Carolus Whinyates eat inde sine Die: Cons. est etiam per eandem Cur. Parliamenti præd. nunc hic, quod præd. Carol. Whinyates recuperet versus præfat. Ed'r'um Seymour Trigint. Libr. adjudicat. pro Mis. & Custag. præd. Carol. quæ habuit Occasione Dilationis Executionis Judic. præd. Prætextu Prosecutionis dicti Brevis de Error.; ac superinde Record. & Process. præd. è Cur. Parliamenti præd. in Cur. Domini Regis, coram ispso Rege, ubicunque &c. remittantur, ad Execution. superinde fiend. &c."

Contracts for Salt, by Commissioners for Victualing, delivered.

The House being informed, "That some of the Commissioners for victualing His Majesty's Navy attended:"

They were called in; and delivered, at the Bar, pursuant to their Lordships Address to His Majesty on Thursday last,

"An Accompt of the several Contracts, made by the said Commissioners of Victualing, for Salt, and the respective Prices paid for the same, during Three Years, to Christmas last; distinguishing each Year."

And then they withdrew.

And the Title of the said Accompt was read, by the Clerk.

Wynne and his Wife against Sir G. Wynne.

The House being moved, "That Friday the Tenth Day of March next may be appointed, for hearing the Cause wherein John Wynne and Katharine his Wife are Appellants, and Sir George Wynne Baronet is Respondent:"

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

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-two."

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

It was Resolved in the Affirmative.

Cowssmaker's Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize Agnes Coussmaker."

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 and the preceding Bill.

And Messages were severally sent to the House of Commons, by Mr. Kynaston and Mr. Thurston:

To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.

Adjourn.

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

DIE Jovis, 24^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Norton against Heron and Kyffin.

Upon reading the Petition of Elizabeth Heron Widow, One of the Respondents to the Appeal of Ralph Norton; praying, "That a Day may be appointed, for hearing the said Cause:"

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.

Boucher, Leave for a Bill, to enclose Burton Common.

Upon reading the Petition of Thomas Boucher Esquire, Lord of the Manor of Lea and Cleverton, in the County of Wilts, and others; praying Leave to bring in a Bill, for dividing and enclosing a Common Pasture Ground, lying in the said Manor, by Commissioners for that Purpose to be appointed:

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

Congreve & al. Petition referred to Judges.

Upon reading the Petition of Abigail Congreve, Widow and Relict of John Congreve the Elder, late of Stretton, in the County of Stafford, Esquire, deceased, John Congreve the Younger, his Eldest Son and Heir, William, Francis, Charles, Ralph, Richard, Anne, and Catherine Congreve, the Younger Children of the said John Congreve the Elder and Abigail his Wife, the said Ralph, Richard, and Catherine Congreve, being Infants under the Age of Twenty-one Years, by the said Abigail Congreve their Mother and Guardian; praying Leave to bring in a Bill, for Sale of several Parcels of Land, in the said County of Stafford, for Payment of Debts, and other Purposes:

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

Sir R. Furnese and Mr. Edgecumbe's Petition referred to Judges.

Upon reading the Petition of Sir Robert Furnese Baronet and Richard Edgecumbe Esquire, in Behalf of himself and Richard Edgecumbe his Eldest Son, and George Edgecumbe his Younger Son, both Infants; praying Leave to bring in a Bill, to authorize and empower the said Sir Robert Furnese to deliver, transfer, and pay, certain South Sea Bonds, Stock, and Money, the Produce of the Long Annuities subscribed into the South Sea Company, unto the Petitioner Richard Edgecumbe, for his own Use and Benefit, upon the said Richard Edgecumbe's executing an effectual Settlement of a Freehold Estate, in the County of Southampton and Isle of Wight, to the Satisfaction of the said Sir Robert Furnese, upon the same Trusts, and to the same Uses, to which the said Annuities are made subject by a certain Indenture in the Petition mentioned:

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

Devereux against Phelan.

A Petition of James Devereux Esquire, Son and Heir of Robert Devereux, of the County of Wexford, in the Kingdom of Ireland, Esquire, who is Appellant in a Cause wherein Richard Phelan is Respondent, on the Part and Behalf of his Father, was presented, and read; praying, "In regard the Appellant's Papers are not yet brought from Ireland, that a further Day may be allowed for hearing this Cause."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

It is Ordered, That, upon the Petitioner's paying to the said Respondent the Sum of Twenty Pounds, as offered in his Petition, the Hearing of the said Cause be put off to Friday the Twenty-fourth Day of March next.

Messages from H. C. with a Bill; and to return Malan's Nat. Bill.

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

To return the Bill, intituled, "An Act to naturalize Thomas Malan and Joseph Malan;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Mutiny and Desertion, Bill:

A Message was brought from the House of Commons, by Sir William Strickland Secretary at War and others:

With a Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Proposed, "That the same be read a 2d Time on Tuesday next."

After Debate;

Moved, "That the said Bill be not read a 2d Time."

After further Debate;

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

It was Resolved in the Affirmative.

Protest against its being read a Second Time.

"Dissentient.

"Because we conceive, that no Countenance ought to be given to any Act that may possibly lessen the Affections of the People to the King, they being His surest Guard; and we apprehend that the keeping up, in Time of Peace, a greater Number of Forces than can be well governed by the established Laws, is inconsistent with the Notion of the Government of a free People.

"Abingdon.
Strafford.
Bristol.
Litchfield.
Exeter."

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

Motion for L. Chancellor to write to absent Lords.

Then it being moved, "To order, that the Lord Chancellor do write Letters to all the absent Lords, requiring their Attendance on the Service of this House."

The same was objected to.

After Debate;

The Question was put thereupon.

And it was Resolved in the Negative.

Address for Articles of War, &c.

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

"Also, a List of the Promotion of the Officers in the Army, since the 25th 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.

Mr. Kynaston's Petition to His Majesty for the Barony of Powys; and Reference from the King.

The Lord Harrington (by His Majesty's Command) presented to the House, a Petition of John Kynaston Esquire, lineal Heir of Edward Kynaston, of Hordley, in the County of Salop, next Cousin in Blood and Heir of Edward the last Lord Grey of Powys; together with His Majesty's Reference thereupon to this House, and the Report of His Majesty's Attorney General.

Which Petition and Reference were read by the Clerk, and are as follow:

"To the King's Most Excellent Majesty.

"The humble Petition of John Kynaston Esquire, lineal Heir of Edward Kynaston, of Hordley, in the County of Salop, next Cousin in Blood and Heir of Edward the last Lord Grey of Powys;

"Sheweth,

"That Sir John Charleton, Your Petitioner's Ancestor, in the Seventh Year of the Reign of Edward the II^d, was summoned to Parliament, as a Baron of that Part of Great Britain called England, by a Writ, directed, "Johanni de Charleton Chevalier;" and was likewise summoned to all other Parliaments during the Reign of the said King, and of His Successor King Edward the III^d, till his Death; and from him the said Barony, in Fee, descended to his Heirs in Succession; (that is to say,) to Sir John Charleton his Son and Heir, who had likewise Summons to Parliament by the Name of John de Cherleton de Powys; and, after his Decease, to his Two only Sons John and Edward successively, who had Summons to Parliament till their respective Deaths; which Edward, dying without Issue Male, left Two only Daughters, Johanne and Joyce, whereby the said Barony came in Suspence: And the Crown did afterwards, in virtue of its known Prerogative, reduce it to a Certainty, by granting a Summons, by the ancient Title, to the Descendants of Johanne the Eldest Daughter, Wife of Sir John Grey Knight, Earl of Tankerville, who had Issue Henry his Son and Heir; which Henry had Issue One Son only, (videlicet,) Richard, and One only Daughter, (videlicet,) Elizabeth, who married to Sir Roger Kynaston, of Hordley aforesaid, Knight: The said Richard, dying the Sixth of Edward the Fourth, left no lawful Issue, save John Lord Grey of Powes; which John, dying in the Tenth of Henry the Seventh, left Issue only John his Son and Heir; which John, dying in the Nineteenth of Henry the Eighth, left Issue only Edward his Son and Heir, the last Lord of Powes; who dying the Fifth of Edward the Sixth, without Issue lawfully begotten, the Right to the said Barony descended to Edward Kynaston of Hordley aforesaid, Grandson and Heir to the said Elizabeth, Sister of Richard Lord Grey of Powes aforesaid; and from the said Edward the said Right descended to Roger his Son and Heir; which Roger had Issue Edward his Son and Heir; which Edward had Issue another Roger his Son and Heir; which last Roger has Issue another Edward his Son and Heir; to which Edward Your Petitioner is Son and Heir.

"Your Petitioner, therefore, being sole Heir to the aforesaid Barony of Powes, most humbly prays Your Majesty would be graciously pleased to declare, allow, and confirm, the aforesaid Barony of Powes to him the said John Kynaston, with all such Rights and Privileges as have been usually granted to others, in the like Cases, by Your Majesty's Predecessors; and that Your Majesty will order a Writ to be issued, to summon Your Petitioner to this present Parliament, by the Title of his said Ancestors.

"And Your Petitioner shall ever pray,
J. Kynaston."

"Whitehall, 24th February, 1731/2.

"His Majesty, being moved upon this Petition, is graciously pleased to refer the same (together with the Report thereunto annexed) to the Right Honourable the House of Peers; to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned; and to inform His Majesty how the same shall appear to their Lordships.

"Harrington."

Ordered, That the further Consideration of the said Petition be adjourned till To-morrow; and that the Clerk do, in the mean Time, search Precedents of Matters of the like Nature.

Horton and Buswell's Petition referred to Judges.

Upon reading the Petition of Christopher Horton Esquire and Frances his Wife, an Infant under the Age of Twenty-one Years, George Buswell Gentleman, and Wingfield Buswell Clerk; praying Leave to bring in a Bill, for vesting certain Lands and Estates, in the Counties of Stafford, Leicester, Rutland, and North'ton, late the Estate of Sir Eusebius Buswell Baronet, deceased, in Trustees, to be sold, for the Payment of his Debts:

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

Papers relating to the Duties on Salt delivered.

The House being informed, "That some of the Commissioners of the Salt Duties attended:"

They were called in; and delivered, at the Bar, several Papers, pursuant to their Lordships Address to His Majesty on this Day was Sevennight.

And then they withdrew.

And the Titles thereof were read, by the Clerk, as follow:

"An Accompt of the Gross and Net Produce of the Duties on Home-made Salt, and on Salt imported, for Seven Years, ending at Lady-day 1730; distinguishing each Year."

"An Accompt of what Bonds, given for the Duties on Salt, are now standing out, and the Value of each Bond; together with the Dates thereof, and the Names of the Persons who entered into the same."

"An Accompt of all Salt shipped for Exportation, on Vessels which did not sail till after the 25th of December 1730; with the Times of shipping such Salt on Board such Vessels, the Quantity of Salt shipped, and for what Place entered; and whether the Duty was paid in Money, or secured by Bonds."

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

Hall's Petition referred to Judges. (fn. 1)

Upon reading the Petition of Mary Hall Widow, Mother and Guardian of Thomas Hall; praying Leave to bring in a Bill, for Sale of certain Estates, in the County of Durham, in order to perform the Trusts mentioned in the Will of the Petitioner's Mother:

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

Ly. Gerard's Petition referred to Judges.

Upon reading the Petition of Dame Elizabeth Gerard, Wife of Sir William Gerard Baronet, a Lunatic, and Committee of his Person; praying Leave to bring in a Bill, to enable a Sale or Mortgage of the Estates of the said Sir William, to satisfy the Debts and Incumbrances affecting his Person and Estate:

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

Process in Courts of Equity, to make effectual, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making Process in Courts of Equity effectual, against Persons who abscond, and cannot be served therewith, or who refuse to appear."

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

Sir F. Hen. Drake, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Sir Francis Henry Drake Baronet was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for advancing and applying Four Thousand Pounds, Part of the Portion of Dame Anne Drake, Wife of Sir Francis Henry Drake Baronet; and for leasing out certain Lands and Hereditaments, in the County of Devon, for Lives, according to the Custom of the Country."

Respondents to the D. of Argyll's Appeal, to answer peremptorily.

The House was informed, "That John Earl of Breadalban and others, who, by Order of the 18th of March last, were required to put in their Answer or respective Answers to the Appeal of John Duke of Argyll and Greenwich on or before the 15th of April following, have neglected so to do, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by Renald Dunbar Writer to the Signet, of the said Service, 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.

Respondents to Visc. Stormont's Appeal, to answer peremptorily.

The House was likewise informed, "That John Henderson and others, who, by Order of the 21st of January last, were required to put in their Answer or respective Answers to the revived Appeal of David Viscount of Stormont on or before the 18th Day of this Instant February, have neglected so to do, though duly served with the said Order for that Purpose."

And thereupon Two Affidavits, made by William Low and Andrew Pitcairn, of the said Service, 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 & in diem Veneris, vicesimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 25^o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Stafford against Crofts & al.

The Answer of Major General James Crofts Esquire and others, to the Appeal of Arthur Stafford and his Wife, was brought in.

Mills, Petition referred to Judges.

Upon reading the Petition of Mary, Margaret, Barbara, and Frances Mill, Spinsters, Daughters and Coheirs of William Mill Esquire, deceased, by Barbara his Wife, also deceased; praying Leave to bring in a Bill, to enable Two of the Petitioners, who are under Age, to sell their Shares in the Estate in Sussex, in the Petition mentioned, notwithstanding their Minority; or to join with their Sisters in disposing of the Whole, for the Purposes therein expressed:

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

Representation of Commissioners for Trade, to prevent running of Wool.

The Earl of Westmorland (pursuant to their Lordships Address to His Majesty of the 6th of May last) presented to the House,

"The Representation of the Commissioners for Trade and Plantations, upon the proper Methods for preventing the running of Wool from England and Ireland."

And the Title thereof was read, by the Clerk.

Sir E. Hen. Drake's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for advancing and applying Four Thousand Pounds, Part of the Portion of Dame Anne Drake, Wife of Sir Francis Henry Drake Baronet; and for leasing out certain Lands and Hereditaments, in the County of Devon, for Lives, according to the Custom of the Country."

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

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

Leave for a Bill to enclose Staunton Commons.

Upon reading the Petition of John Hippesley Esquire, Lord of the Manor of Staunton, in the County of Wilts, and others; praying Leave to bring in a Bill, for confirming and rendering effectual the Enclosure and Division of certain Lands, lying in the Common Fields and Grounds in the Parish of Staunton aforesaid:

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

Lambe, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of John Lambe Esquire and his Brother was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of John Lambe Esquire in Trustees, for raising Money, to discharge several Mortgages, and other Debts and Incumbrances, therein mentioned."

Bathurst, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Benjamin Bathurst Esquire, Finetta his Wife, and Elizabeth Poole Spinster, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Kemble and Poole, in the County of Wilts, late the Estate of Henry Poole Esquire, deceased, for the Purposes therein mentioned."

Kynaston's Petition, for the Barony of Powis, referred to Committee of Privileges:

The House (according to Order) proceeded to take into further Consideration the Petition of John Kynaston Esquire to His Majesty; praying, "That the Barony of Powys may be confirmed to him."

And the Clerk, as directed, having made an Extract, out of the Journals, of Precedents of Matters of the like Nature:

And the same being read:

It is Ordered, That the said Petition be referred to the Consideration of the Lords Committees for Privileges:

Whose Lordships are to meet on Monday Sevennight; and, having considered thereof, as also the Report thereunto annexed, and heard such Persons concerning the same as they shall think fit, are to report their Opinion thereupon to the House.

Ordered, That all the Lords who attend be of the Committee.

All Lords who come to Committee for Privileges, to be of the Committee.

Ordered, That all the Lords who shall come to any Committee for Privileges shall be of that Committee.

Then, it being moved, "That the same be made a Standing Order:"

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

The House was adjourned during Pleasure, to robe.

The House was resumed.

The 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; the Gentleman Usher of the Black Rod received His Majesty's Commands 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, deli vered the same to the Clerk; who brought it to the Table; where the Clerk of the Crown read the Title of that and the Titles of the other Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for 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-two."

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

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

"2. An Act to naturalize Leonard Lockman Esquire."

"3. An Act to naturalize Agnes Coussmaker."

"4. An Act to naturalize Thomas Malan, Joseph Malan, and others."

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

"Soit fait comme il est desiré."

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

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

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

The Lord Chamberlain acquainted the House, "That the Lords with White Staves (according to Order) had waited on His Majesty, with the Address of this House Yesterday, in relation to the Articles of War, and a List of the Promotion of the Officers of the Army; and that His Majesty was pleased to say, He would cause the proper Officers to lay the same before this House accordingly."

Sir W. Stanhope's Petition referred to Judges.

Upon reading the Petition of Sir William Stanhope Knight of the Bath; praying Leave to bring in a Bill, for Sale of certain Woods and Woodlands in the Petition mentioned; and for settling other Lands, of equal Yearly Value, to the same Uses:

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

Adjourn.

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

DIE Martis, 29^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Cortissos against Mendes & al.

The several Answer of James Mendes Merchant, One of the Respondents to the Appeal of Joseph Cortissos:

Also, the joint and several Answers of Anthony Mendes and Lewis Mendes Merchants, Two of the Respondents to the Appeal of Joseph Cortissos:

Rowe against Gen. Steuart.

And likewise, the Answer of Brigadier General William Steuart and Mary his Wife, to the Appeal of Henry Rowe Esquire and his Wife, and James Steuart Esquire;

Were brought in.

Sir R. Hare & al. Petition referred to Judges.

Upon reading the Petition of Sir Ralph Hare, of Stow Bardolph, in the County of Norfolk, Baronet, and of Thomas and George, his Younger Brothers; praying Leave to bring in a Bill, for making effectual an Agreement between the Petitioners, for raising Ten Thousand Pounds, on Part of the Estate of the said Sir Ralph, for the Purposes in the Petition mentioned:

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

Francis's Petition referred to Judges.

Upon reading the Petition of John Francis Clerk; praying Leave to bring in a Bill, for Sale of an Estate in Lincolnshire; and settling another Estate, in the same County, to the like Uses:

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

Fishe's Petition referred to Judges.

Upon reading the Petition of Hatcher Fish Esquire and Catherine Fish his Sister, Children of Osburne Fish Esquire, deceased, by Catherine his Wife, also deceased; praying Leave to bring in a Bill, for raising Six Hundred Pounds, One Moiety of the Petitioner Catherine's Portion, by Sale or Mortgage of an Estate in Lincolnshire; and for effectually securing the other Moiety, for the Purposes in the Petition mentioned:

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

L. Molesworth & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Richard Lord Viscount Molesworth in the Kingdom of Ireland, and his Five Younger Brothers, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enabling Richard Lord Viscount Molesworth and his Brothers to make Leases for Lives, or Years determinable upon Lives, renewable for ever, of a Piece of Ground in the City of Dublin."

Articles of War, and List of Officers, delivered.

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

He was called in; and delivered, at the Bar, pursuant to the Address to His Majesty on Thursday last,

"A true Copy of the Articles of War, which are intended to be established by His Majesty, for the better Government of His Land Forces, in Great Britain and Ireland, and Dominions beyond the Seas."

Also, "A List of the Promotion of the Officers in the Army, since the 25th of March 1731; distinguishing such of the said Officers as were in His Majesty's Service, or in the Half-pay, before the 25th of March."

And then he withdrew.

And the Titles of the said Articles and List were read, by the Clerk.

E. of Shaftesbury, Leave for a Bill, to exchange Presentations to Livings in Dorsetshire.

Upon reading the Petition of Anthony Earl of Shaftesbury; praying Leave to bring in a Bill, for making and perpetuating an Exchange between His Majesty and the Petitioner, of His Majesty's Right of presenting (One Turn in Three) to the Rectory of Wimborne Allhallowes, in the County of Dorset, for an alternate Turn or Right of presenting (One Turn in Two) to the Vicarage of Loders, in the same County; and for perpetually uniting and consolidating the Rectories of Wimborne St. Giles and Wimbornc Allhallowes:

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

West and Erisey's Petition referred to Judges.

Upon reading the Petition of Mary and Frances West, Infants, by John West Esquire, their Father and Guardian, and of Mary Erisey; praying Leave to bring in a Bill, to establish and confirm an Agreement in the Petition mentioned, in relation to the accompting for the Rents and Profits of several Estates in Devonshire and Cornwall, and to render the same effectual:

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

Read and Marsland, a Bye-day to hear Arbuthnot's Appeals.

Upon reading the Petition of Joseph Read and William Marsland, Respondents to the Appeal of George Arbuthnot and Charles Irvine; praying, "In regard they are advised the said Appeal is brought for Delay, and the Petitioners not knowing where to find the Appellants; that a short Day may be appointed, for hearing the Cause; and that Service of the Order for that Purpose on the Appellants Clerk in Court, or Solicitor in Chancery, may be deemed good Service:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Sixteenth Day of March next; and that Service of this Order on the said Appellants Clerk in Court, or Solicitor in Chancery, be deemed good Service, as desired.

Bathurst's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Kemble and Poole, in the County of Wilts, late the Estate of Henry Poole Esquire, deceased, for the Purposes therein mentioned."

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

Lambe's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of John Lambe Esquire in Trustees, for raising Money, to discharge several Mortgages, and other Debts and Incumbrances, 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 on the same Day, at the same Place; and to adjourn as they please.

East India Company against Att. General.

The House being moved, on the Behalf of His Majesty's Attorney General, Respondent to the Appeal of the United Company of Merchants of England trading to The East Indies, "That a Day may be appointed, for hearing the said Cause:"

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.

Prestwood's Petition referred to Judges.

Upon reading the Petition of Thomas Prestwood Esquire, on Behalf of himself and of Mary Ann Prestwood, Judith, and Catherina Prestwood, Infants, by the said Thomas Prestwood their Father and Guardian; praying Leave to bring in a Bill, for Sale of a sufficient Part of an Estate in Devonshire, to raise and pay off the Sum of One Thousand Pounds, and Interest now due for the same:

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

Bromley & al. Petition referred to Judges.

Upon reading the Petition of Henry Bromley Esquire, and of the Master, Fellows, and Scholars, of Pembroke Hall, in the University of Cambridge; praying Leave to bring in a Bill, to establish and complete an Agreement between the Petitioners, for exchanging certain Lands, in the Petition mentioned:

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

Lords who come to Committee of Privileges to be of it, made a Standing Order.

The House (according to Order) took into Consideration the Motion on Friday last, for making the Order of this House, "That all the Lords who shall come to any Committee of Privileges shall be of that Committee," a Standing Order.

And the said Order being read:

It is Ordered, That the same be declared to be a Standing Order of this House; and that it be entered on the Roll of Standing Orders.

Mutiny and Desertion, 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.

Sir N. Curzon's Petition, about the Barony of Powis, referred to Committee of Privileges.

The Duke of Newcastle (by His Majesty's Command) presented to the House, a Petition of Sir Nathaniel Curzon Baronet, to His Majesty; praying to be permitted to make out his Title to the Barony of Powys; with His Majesty's Reference of the same to their Lordships.

Which Petition and Reference were read, by the Clerk, as follow:

"To the King's Most Excellent Majesty.

"The humble Petition of Sir Nathaniel Curzon Baronet;

"Sheweth,

"That King Edward the Second created John de Charlton Baron of Powis; and the Barony of Powis, by several Descents, came to Edward Grey, the last Lord Powis, who, in the Fifth Year of Edward the Sixth, died seised of the said Barony in Fee, without any Issue of his Body lawfully begotten; and thereupon the Descendants of Elizabeth the Daughter of Richard Lord Powis, who was the Great Grandfather of the said Edward Grey the last Lord Powis, became Heirs at Law to him the said Edward Lord Grey.

"That the said Elizabeth had Issue only Two Daughters, Ann and Alice; and that Your Petitioner is lineally descended from the said Ann the Eldest Daughter; and the Descendants of Alice the Younger are only Females, videlicet, Diana and Harriot Vernon; and that your Petitioner, together with them, being the Heir at Law to the said Edward Lord Grey, the last Lord Powis, the said Barony remains in Abeyance, until Your Majesty shall be pleased to revive the same.

"That, notwithstanding such Your Petitioner's Descent, John Kynaston Esquire claims the said Barony, as Heir at Law to the said Edward Lord Grey, the last Lord Powis, on Pretence that he is lineally descended from Elizabeth, the Sister of the said Richard Lord Powis; and hath thereupon, by Petition to Your Majesty, made his Claim to the said Barony.

"That, Your Majesty having been pleased to refer the Matter of the said Claim to Your Majesty's Attorney General, the said Mr. Kynaston and Your Petitioner have been heard, before Your Majesty's Attorney General, to make out their several Titles and Descents; and Your Majesty's Attorney General hath thereupon made his Report to Your Majesty, as well in relation to Your Petitioner's Title and Descent, as to the Title and Descent of the said Mr. Kynaston.

"That, Your Majesty having been pleased to lay the said Report before the Lords Spiritual and Temporal in Parliament assembled, for their Consideration;

"Your Petitioner most humbly prays, Your Majesty will also be most graciously pleased to permit Your Petitioner to make out his said Title and Descent before their Lordships.

"And Your Petitioner shall pray, &c.

"N. Curzon."

"Whitehall, 28th February, 1731.

"His Majesty, being moved upon this Petition, is graciously pleased to refer the same to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned; and to inform His Majesty how the same shall appear to their Lordships.

"Holles Newcastle."

Ordered, That the said Petition be referred to the Consideration of the Lords Committees for Privileges, to whom the Petition of John Kynaston Esquire, claiming the same Barony, stands referred.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, secundum diem Martii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.