House of Lords Journal Volume 24: February 1735, 21-28

February 1735, 21-28

DIE Veneris, 21^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Glaseour against Bennet & al.

The Answer of Henry Bennet Esquire and others, to the Appeal of Thomas Glaseour Esquire, was brought in.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-five;" to which they desire the Concurrence of this House.

Dyke's Petition referred to Judges.

Upon reading the Petition of Edward Dyke Esquire, for himself, and on the Behalf of Elizabeth Dyke, an Infant, his Ward; praying Leave to bring in a Bill, to convey and assure his Moiety of certain Premises, in the Petition mentioned, in the Counties of Somerset and Devon, unto the said Infant, in Exchange for her Moiety of certain Premises in the Counties of Oxford and Kent.

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

Declaration of the Petitioners, in relation to the Election of Peers in Scotland:

The Lord Chancellor acquainted the House, "That this Morning the Duke of Hamilton and Brandon and the Earl of Stair came to him, and brought a Declaration in Writing, in Pursuance of their Lordships Order Yesterday."

And the same was read, by the Clerk; and is as follows:

"In Consequence of your Lordships Order of Yesterday, signified to us by the Right Honourable the Lord High Chancellor, we your Lordships Petitioners do declare, that, by our Petition, we did not, nor do not, intend to controvert the Election or Return of the Sixteen Peers for Scotland, mentioned in our said Petition, or of any of them; but we intended, as we thought it our Duty, to lay before your Lordships the Evidence of such Facts and undue Methods, mentioned in general in our said Petition, as appeared to us to be dangerous to the Constitution, and may in future Elections equally affect the Right of the present Sixteen Peers as that of the other Peers of Scotland, if a proper Remedy be not found out, as we had before empowered his Grace the Duke of Bedford to inform your Lordships.

"21st February, 1734.

"Hamilton and Brandon.
Queensberry and Dover.
Montrose.
Dundonald.
Marchmont.
Stair."

The Order of the Day, for the House to take into further Consideration the Petition of James Duke of Hamilton and Brandon, Charles Duke of Queensberry and Dover, James Duke of Montrose, Thomas Earl of Dundonald, Alexander Earl of Marchmont, and John Earl of Stair, in relation to the Election of the Sixteen Peers for Scotland, being read:

Order for them to deliver in Writing particular Instances of the undue Methods complained of.

It was moved, "To order, That the Petitioners do, on or before Thursday next, lay before this House, in Writing, the particular Instances of the undue Methods and illegal Practices complained of in their Petition, upon which they intend to proceed; with the Names of the Persons, and by whom such undue Methods and illegal Practices were used."

And a Question being stated thereupon:

It was proposed, "To leave out the latter Part of the said Question; videlicet, ["with the Names of the Persons, and by whom such undue Methods and illegal Practices were used"]."

Which being objected to:

After Debate;

The Question was put, "Whether those Words shall stand Part of the Question?"

And it was Resolved in the Affirmative.

Then the Question being put, upon the First Motion:

It was Resolved in the Affirmative.

And Ordered accordingly.

Ordered, That the Lord Chancellor do write Letters to the several Petitioners, to acquaint them with the said Order.

Ordered, That, on Thursday next, this House will proceed further in the Consideration of the said Petition; and the Lords to be summoned.

Persons omitting to subscribe, according to the Act of Uniformity, Indemnification, Bill.

The other Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to indemnify Persons who have omitted to make and subscribe the Declarations contained in the Act of Uniformity, of the 13th and 14th Years of King Charles the Second, within the Time limited by Law; and for allowing further Time for doing thereof:"

It is Ordered, That the House shall be put into a Committee thereupon, on this Day Sevennight.

Adjourn.

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

DIE Lunæ, 24^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bentley's Petition referred to Judges.

Upon reading the Petition of Penelope Bentley Widow, in Behalf of herself and Charles Bentley and Penelope Bentley her Son and Daughter, both Infants; praying Leave to bring in a Bill, for vesting the Equity of Redemption of certain Real Estates, in the Petition mentioned, in the County of Worcester, which belonged to her late Husband, in Trustees, to be sold, for Payment of his Debts; and for securing the Surplus of the Money thereby arising (if any) for the Benefit of the Petitioner and her said Children:

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

Malt Bill.

Hodie 1^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 Eng land; 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-five."

Lord Castlemain to take the Name of Tilney, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Child, commonly called Lord Castlemain, and the Heirs of his Body, and such other Persons who, by virtue of a Settlement made by Frederick Tylney Esquire, deceased, shall be in Possession of the Estates therein limited, to take and use the Surname of Tylney."

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. John Bennet and Mr. Thurston:

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

Engel, &c. Nat. Bill;

Ordered, That the Committee to whom the Bill, intituled, "An Act for naturalizing Samuel Engel and John Peter Blaquiere," was committed, be revived; and meet To-morrow, at the usual Time and Place.

Anstis against Gandy.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Anstis Esquire Garter is Appellant, and John Gandy and Frances his Wife are Respondents:"

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

Jevers against Jevers & al:

The House being informed, "That a Person attended, in order to deliver in Copies of Papers and Proceedings, in the Cause wherein Henry Jevers Esquire is Appellant, and Margaret Jevers Widow & al. are Respondents."

Papers proved.

He was thereupon called in; and delivered, at the Bar, the said Papers and Proceedings; attesting upon Oath, "The same were true Copies, he having examined them in the proper Office in Ireland."

And then he was directed to withdraw.

Viscountess Doneraile against Viscount Doneraile.

After hearing Counsel, in Part, in the Cause wherein Catherine Sarah Lady Viscountess Doneraile is Appellant, and Arthur Lord Viscount Doneraile and others are Respondents:

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

Rowley against M^cLorinan.

Ordered, That the Cause wherein William Rowley Esquire and Arabella his Wife are Appellants, and Hugh M^cLorinan and Thomas Hamersley Respondents, which is appointed to be heard To-morrow, be adjourned to that Day Sevennight.

Adjourn.

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

DIE Martis, 25^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Viscountess Doneraile against Viscount Doneraile:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Catherine Sarah Lady Viscountess Doneraile in the Kingdom of Ireland; complaining of an Order or Decree of Dismissal of the Court of Chancery in that Kingdom, made the 30th of June 1733, in a Cause wherein the Appellant was Plaintiff, and Arthur Lord Viscount Doneraile and others were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Viscount put in to the said Appeal; and due Consideration 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 said Order or Decree complained of in the said Appeal be, and is hereby, reversed: And it is further Ordered, That an Accompt be taken of what is due to the Appellant, for the Arrears of the Annuity of Three Hundred Pounds per Annum settled on her by the Deed made by the Respondent the 24th of July 1728; and that the same, together with the growing Payments thereof, during the joint Lives of the Appellant and Respondent, be paid to the Appellant, out of the Estate charged therewith by the said Deed; but without Prejudice to the Jointure of the Lady Viscountess Dowager Doneraile, the Respondent's Mother: And it is hereby further Ordered, That the Respondent do accompt for the Profits of the said Estate received by him, or by any other Persons by his Order, or to his Use, since the filing of the Appellant's Bill; in taking which Accompt, he is to have all just Allowances; and the Respondent is to pay the same to the Appellant, or so much thereof as shall be sufficient for the Payment of what shall be found due to the Appellant as aforesaid; and if the Respondent shall not pay what shall be so found due to the Appellant, at such Time and Place as the said Court of Chancery shall direct, and continue the growing Payments of the said Annuity to her as they shall become due, the Appellant is at Liberty to apply to the said Court, to appoint a Receiver of the Rents and Profits of the said Estate, but without Prejudice to the Jointure of the said Lady Viscountess Dowager Doneraile: And it is further Ordered, That the Respondent do pay to the Appellant her Costs of the Suit in the said Court of Chancery, to be taxed by a Master; and that the said Court do give all proper Directions, in Pursuance of this Order and Judgement.

Malt Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirtyfive."

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

May, Petition referred to Judges.

Upon reading the Petition of Thomas May Esquire; praying Leave to bring in a Bill, to enable the Petitioner to grant Building Leases of certain Premises, in the Parishes of St. Martin in the Fields and St. Clement's Danes, in the County of Middlesex, to such Persons as will contract for that Purpose, at the best Rents that he can reasonably get for the same, to be incident to the Reversion of the said Premises, according to the Will of Henry May, of the City of Chichester, in the County of Sussex, Esquire, deceased:

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

Engel, &c. Nat. Bill.

The Lord Bishop of Durham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Samuel Engel and John Peter Blaquiere," was committed: "That they had considered the said Bill, as also the Petitions of several Persons to be added thereunto, referred to the Committee; and had gone through the said Bill, and made several Amendments thereunto."

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

Adjourn.

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

DIE Mercurii, 26^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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-five."

After some Time spent therein, the House was resumed.

And the Earl of Warwick 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."

Message to H. C. for Members to attend on Viscount Oxfurd's Petition:

Ordered, That a Message be sent to the House of Commons, to desire, "That they will give Leave to Colonel Philip Anstruther and Patrick Lindsay Esquire, Members of that House, to attend the Lords Committees for Privileges, in order to their giving Evidence before their Lordships, in relation to the Matter of a Petition of James Makgill Viscount of Oxfurd to His Majesty; praying the Establishment of the Petitioner's Right to the Honour and Dignity of Viscount of Oxfurd and Lord Makgill of Cousland, referred to the Consideration of the said Committee."

And a Message for that Purpose was sent, by Mr. Elde and Mr. Spicer.

Witnesses to attend.

Ordered, That David Bruce Merchant and Alexander Ross Gentleman do attend the said Committee, on Monday next, to give Evidence in relation to the said Petition.

Engel, &c. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Samuel Engel and John Peter Blaquiere."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

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

Painter's Appeal dismissed, no Recognizance being entered into.

A Petition of John Incledon Gentleman, Respondent to the Appeal of Nicholas Painter, was presented, and read; praying, "In regard no Recognizance has been yet entered into on Behalf of the Appellant, as by the Standing Order ought to be done within Eight Days after lodging the Appeal; that the same may be dismissed."

And thereupon the Clerk informing the House, That no Recognizance had been entered into on this Appeal:"

Ordered, That the same be dismissed accordingly.

Webb peremptorily to answer Giffard's Appeal.

The House was informed, "That John Webb had not put in his Answer to the Appeal of John Giffard Clerk, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by John Giffard, of the due Service of the said Order, being read:

Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal, in a Week.

Blyke to enter into a Recognizance for Craufurd.

The House being moved, "That Samuel Blyke, of St. James's, Westminster, Gentleman, may be permitted to enter into a Recognizance for John Craufurd Esquire, on account of his Appeal depending in this House; he residing in Scotland:"

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

Paschall against L. Carteret & al.

After hearing Counsel, in Part, in the Cause wherein Elizabeth Paschall Spinster is Appellant, and John Lord Carteret & al. are Respondents:

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

Petition of the Scots Peers put off.

Whereas To-morrow is appointed, for the House to proceed further in the Consideration of the Petition of James Duke of Hamilton and Brandon, Charles Duke of Queensberry and Dover, James Duke of Montrose, Thomas Earl of Dundonald, Alexander Earl of Marchmont, and John Earl of Stair:

It is Ordered, That on Friday next this House will proceed further in the Consideration of the said Petition; and the Lords to be summoned.

Leave from H. C. for Members to attend, about Viscount Oxfurd's Petition.

The Messengers sent to the House of Commons, being returned, acquainted the House, "That the Commons have given Leave to Colonel Philip Anstruther and Patrick Lindsay Esquire, to come to the Committee for Privileges, as desired, if they think fit."

Adjourn.

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

DIE Jovis, 27^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Paschall against L. Carteret & al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Elizabeth Paschall Spinster, Administratrix of the Lady Bromsall (who was the Widow and Relict of Sir Thomas Bromsall Knight, deceased, and also Widow and Relict of Doctor John Herbert); complaining of an Order and Decree of the Court of Chancery, of the 1st of June 1733, made in certain Causes, wherein John Lord Carteret and Sir Clement Cotterell were Plaintiffs, and the Appellant Defendant; and in a Cross Cause, wherein the Appellant was Plaintiff, and the present Respondents or those whom they represent were Defendants; and praying, "That the said Decree may be reversed or rectified, and such Order made by this House as to their Lordships shall seem just:" As also upon the several Answers of Mark Thurston Esquire, Executor of Susanna Herbert (who was the Administratrix of the said Doctor Herbert), and also the Administrator of the Goods and Chattels of the said Doctor Herbert unadministered by the said Susanna, Mary Jeay, and Catherine Haseldine, Bromsall Throkmorton Esquire, Edward Nightingale Esquire, the said Lord Carteret, and Sir Clement Cotterell, Edward Prideaux Gwynn Esquire, Son, Heir, and also Executor, of Francis Gwynn Esquire, Grace Countess Granville, and Sir Thomas Cross Baronet, put in thereunto; and due Consideration had of what was offered by Counsel on both Sides at the Bar; and all Parties, except the said Bromsall Throkmorton, desiring and consenting, by their Counsel, "That the Estate in Question may be sold:"

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree, so far as the same directs the Respondents the Lord Carteret and Sir Clement Cotterell to redeem the Respondent Nightingale's Mortgage, and in Default thereof that their Bill be dismissed with Costs, be reversed: And it is further Ordered, That the said Estate be sold, before the Master, for the best Price that can be got for the same; in which Sale, all proper Parties are to join; and that out of the Money arising by Sale of the said Estate, what shall be found due to the Respondent Nightingale be paid in the First Place; and that the Residue of the Money arising by such Sale, and the Rents and Profits in the mean Time, be applied according to the Direction of the Decree; and if there shall be any Surplus, One Moiety thereof be paid to the Respondent Bromsall Throkmorton, and the other Moiety to the Respondent Catherine Haseldine: And it is further Ordered and Adjudged, That the Decree, with these Variations, be affirmed; and that the Court of Chancery do give proper Directions for carrying the same into Execution; and that the Respondent Nightingale is to have Twenty Pounds paid him for his Costs, and also the Money reported due to him.

Answer of Scots Peers to the Order of 21st Instant, concerning undue Methods used in the Election.

The Lord Chancellor acquainted the House, "That, in Pursuance of their Lordships Order on Friday last, he had wrote Letters to the Petitioners, in relation to the Matter of the Election of the Sixteen Peers for Scotland; and that this Morning a Paper was put into his Hands, by Two of them, as an Answer to the said Order."

And the same was read, by the Clerk; and is as follows:

"Your Lordships Order of the 21st of February Instant hath been signified to us by the Right Honourable the Lord High Chancellor: With respect to which, we do humbly submit to your Lordships, that we have not, by our Petition, stated ourselves Accusers of any Person whatever; nor did we intend to do so; but thought it our Duty to lay before your Lordships, by Way of Petition, that such Methods and Practices were used, towards carrying on the last Election of Sixteen Peers for Scotland, as appeared to us dangerous to the Constitution, and might prove subversive of the Freedom and Independency of Parliaments. The Preservation of our happy Constitution is what we have in View, without Regard to any particular Persons; and we humbly conceived, that any Matter which so nearly concerned this Constitution, or might appear to be an Encroachment upon it, was a proper Subject for your Lordships Consideration and Inquiry, as a High Court of Parliament.

"That, without stating ourselves as Accusers, which is far from our Intention, we conceive we cannot take upon us to name particular Persons who may have been concerned in these illegal Practices: But who those were, will undoubtedly appear to your Lordships, upon taking the proper Examinations; and the Facts are what we humbly pray may be inquired into, whoever may happen to be affected by them.

"Nor can we, without acting as Evidences, comply with those Words of your Lordships Order, to give the Names of the Persons by whom such undue Methods and illegal Practices were used.

"But, would we act both as Accusers and Witnesses, it is impossible for us to inform your Lordships who were the Persons that, in the Course of this Examination, and from the Testimony of future Evidences, may appear to have been concerned in the abovementioned Practices.

"We do also humbly submit to your Lordships, that we may have very certain and true Information of undue Methods and illegal Practices that have been used towards engaging Peers to vote for a List; and and yet that out Informers may not have thought proper to name the Persons by whom such undue Methods and illegal Practices were used, or may be unwilling to do so until they are brought upon their Examination.

"And with respect to the laying before your Lordships the particular Instances of the undue Methods and illegal Practices mentioned in our Petition; we humbly submit to your Lordships, if an Examination of this Kind ought to be confined to particular Instances; since, from the Nature of the Thing, it appears evident, that many Instances may come out in the Course of such Examination, the particular Circumstances whereof cannot be known to your Petitioners, and yet must appear upon Inquiry.

"That, though the opening the Particulars of the Facts to be proved may necessarily produce such a Discovery of Evidence before Examination, as is usually thought dangerous even in Course of ordinary Trials, and may be much more so in the Case of a Parliamentry Inquiry: Yet nevertheless, in Compliance with your Lordships Order, as far as we are able from the Nature of the Thing, we do humbly acquaint your Lordships, that we laid the Petition before you, upon Information;

"That the List of Sixteen Peers for Scotland had been framed, by Persons in high Trust under the Crown, long previous to the Election itself; and that this List was shewn to Peers as a List approved of by the Crown, and was called "The King's List;" of which there was to be no Variation, unless to make Way for One or Two particular Peers, on Condition they should go along with the Measure:

"That Peers were solicited to vote this List, or the Crown's List, without the Liberty of making any Alteration:

"That Endeavours were used to engage Peers to vote for this List, by Promise of Pensions and Offices Civil and Military to themselves and near Relations, and by actual Promise and Offers of Sums of Money:

"That Sums of Money were actually given to or for the Use of some Peers, to engage them to concur in the voting this List:

"That Annual Pensions were promised to be paid to Peers, if they concurred in the voting of this List; some of them to be on a regular Establishment, and others to be paid without any Establishment at all:

"That, about the Time of this Election, Numbers of Pensions, Offices (of which several are nominal), and Releases of Debts owing to the Crown, were granted to Peers who concurred in voting this List, and to their near Relations:

"That, on the Day of Election, a Battalion of His Majesty's Forces was drawn up in The Abby Court at Edinburgh; and Three Companies of it were marched from Leith, a Place at One Mile's Distance, to join the rest of the Battalion, and kept under Arms from Nine in the Morning till Nine at Night, when the Election was ended, contrary to Custom at Elections, and without any Cause or Occasion, that your Petitioners can foresee, other than the over-awing of the Election.

"Those Instances of undue Practices we now humbly mention; which we hope will satisfy your Lordships that we have just Reason to pray your Lordships to take this Matter into your serious Consideration, and to provide such Remedy as may be effectual for preserving the Right and Freedom of Elections; such Right of Electing being the only Right that now remains with the Peers of Scotland, in Lieu of a constant and Hereditary Seat in Parliament.

"27th Feb. 1734.

"Hamilton and Brandon.
Queensberry and Dover.
Montrose.
Dundonald.
Marchmont.
Stair."

Ordered, That the said Paper do lie on the Table, and be taken into Consideration with the Petition of several Peers in relation to the Election of the Sixteen Peers for Scotland.

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 Thirtyfive."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to it.

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

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

Leslie & al. for a Bill.

Upon reading the Petition of Robert Leslie, of Glasslough, in the County of Monaghan, in the Kingdom of Ireland, Esquire, & al.; praying Leave to bring in a Bill, for Sale of Part of certain Estates in the said County, called Emy and Glasslough, for Payment of the Debts and Incumbrances affecting the said Estates, or either of them; and for other Purposes in the Petition mentioned:

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

Adjourn.

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

DIE Veneris, 28^o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Message from H. C. to return Engel & al. Nat. Bill.

A Message was brought from the House of Commons, by Sir James Campbell and others:

To return the Bill, intituled, "An Act for naturalizing Samuel Engel and John Peter Blaquiere;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Medlycot & al. Petition referred to Judges.

Upon reading the Petition of Anne Medlycot, Widow of James Medlycot Esquire, deceased, and of Thomas Medlycot Esquire and William Medlycot Gentleman, Sons of the said James Medlycot, for and on Behalf of themselves, and of George Medlycot a Minor, another Son of the said James Medlycot; praying Leave to bring in a Bill, for Sale of certain Estates, in Dorsetshire, Middlesex, and London, for making Provision for the Petitioner Anne, and William and George Medlycot, and their Five Youngest Sisters:

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

Fleming's Petition referred to Judges.

Upon reading the Petition of Michael Fleming Esquire; praying Leave to bring in a Bill, for Sale of Part of his Estate in the County of Meath, and elsewhere in the Kingdom of Ireland; and for confirming Leases of some Part of the Premises:

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

Visc. Middleton & al Petition referred to Judges.

Upon reading the Petition of Alan Lord Viscount Middleton in the Kingdom of Ireland, Mary Lady Viscountess Middleton his Wife, Anne Brodrick Widow and Relict of Sir John Brodrick, who was Son and Heir Apparent of Alan Lord Viscount Middleton, deceased, James Jefferyes Esquire and Anne his Wife, Alice, Mary, and Jane Brodrick, Four of the Daughters and Coheirs of the said Sir John Brodrick by the said Anne his Wife, who is Guardian to the said Alice, Mary, and Jane, William Earl of Essex, James Viscount Limerick in the Kingdom of Ireland, and John Eckersall of the Parish of St. James's, Westminster, Esquire; praying Leave to bring in a Bill, for making effectual an Agreement in the Petition mentioned, between the Petitioner Viscount Middleton and his Four Nieces, for paying to them Ten Thousand Pounds; and for other Purposes in the Petition expressed:

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

O Hara's Petition referred to Judges.

Upon reading the Petition of Charles O Hara Esquire; praying Leave to bring in a Bill, for supplying a Defect in his Father's Marriage Settlement; and enabling him to raise Four Thousand Pounds, for Payment of his Debts:

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

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales (in his Robes) sitting in his Place on His Majesty's Right Hand; and the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands to signify to the Commons, "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, 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 other Bill 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-five."

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 naturalize Samuel Engel, John Peter Blaquiere, and others."

To this Bill the Royal Assent was pronounced, 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.

Treaty with Denmark, delivered.

The Lord Harrington presented to the House, by His Majesty's Command,

"A Copy of the Treaty with Denmark, dated 19/30th September, 1734; with a Translation of the same."

And the Title thereof was read.

Petition about Election of Peers in Scotland, considered.

The Orders of the Day being read, for the House to proceed further in the Consideration of the Petition of James Duke of Hamilton and Brandon, Charles Duke of Queensberry and Dover, James Duke of Montrose, Thomas Earl of Dundonald, Alexander Earl of Marchmont, and John Earl of Stair, in relation to the Matter of the Election of the Sixteen Peers for Scotland; and also to take into Consideration the Answer of the said Petitioners to the Order of this House, of the 21st of this Instant February, delivered in Yesterday:

The said Answer was read.

Resolution that the Petitioners have not complied with the Order of the House:

And it being moved, "To resolve, That the Petitioners, by their Answer, have not complied with the Order of this House of the 21st of this Instant February, whereby they were ordered to lay before this House, in Writing, the particular Instances of the undue Methods and illegal Practices complained of in their Petition, upon which they intend to proceed; with the Names of the Persons, and by whom such undue Methods and illegal Practices were used."

After Debate;

The Question was put thereupon.

And it was Resolved in the Affirmative.

Protest against it:

"Dissentient.

Somerset. Maynard. Tadcaster."

"1st, Because it was agreed in the Debate, conformable to the Rules of Reason, that no Impossibility was required from the Lords Petitioners; and though we allow that they have not litterally complied with the Order; yet, we think, the Assertion in their Answer, "That it is impossible for them to inform the House who were the Persons that, in the Course of the Examination, and from the Testimony of future Witnesses, may appear to have been concerned," was sufficient to satisfy the House that they have not wilfully disobeyed the Order.

"And, from the Nature of Things, we conceive it impracticable for the Lords Petitioners to name all the Persons who may be concerned in these illegal Proceedings; for, although the Offers of Places, Pensions, and other Gratuities, must be presumed to come from Persons in Power, yet such Offers may be reasonably supposed to be conveyed by Under Agents; and we must also observe that, if those under-hand Agents should be publicly named before Examination, they may be either prevailed upon to abscond, or to take the Whole upon themselves, to screen the Offenders of a higher Rank.

"We must further declare it as our Opinion, that such corrupt and dark Designs as are specified in the Answer may have been carried on with that Secrecy and Dexterity, that, although a moral Certainty may appear of their having been executed, the Persons concerned in the Execution may never be discovered: Yet this good Effect might have arisen from the Inquiry, that the Legislature would have found Means to prevent such pernicious Practices for the future; and even in that Case, the Lords Petitioners, by bringing this Affair before the House, would have done a real Service to the Peerage of Scotland, to this High Court of Judicature, and to the whole United Kingdom.

"2dly, Because we can no Ways conceive that the going on upon this Examination, without having the Names of the Persons produced, could be attended with any possible Injustice to, or Hardship upon, those who might afterwards be named by the Evidence: On the contrary, we are persuaded that such Persons would have an Advantage which could not happen in any other Course of Proceeding. The whole Matter of the Accusation would lie open to them; the Witnesses against them would be known, who could not afterwards be suffered to vary from their Testimony; and the House would, in Justice, allow such Persons a full Time to answer the Accusation, and to bring up Witnesses (if necessary) to prove their Innocence. Neither is this to be looked upon as an Accusation at present; for (as it was justly observed) there are no Accusers, nor Persons accused: But we apprehend it to be the most proper Subject for a Parliamentary Inquiry that can possibly be brought before this House.

"3dly, However it may be necessary in the Course of other Proceedings, whether upon Impeachments or Appeals brought before this House, that all the Persons concerned should be named; we can by no Means think it necessary upon an Inquiry, no final Sentence being then to be given; and those Rules which are consistent with Justice in the former Cases must, in our Opinion, tend to obstruct all Justice in the latter: We cannot conceive that an innocent Person, who should happen to be named in the Course of such an Examination, can possibly be deprived of the Means of making his Innocence appear; but we can well foresee that guilty Persons (and those probably of the highest Rank) may escape by such a Method, which, imposing an Impossibility on the Informants, must, as we apprehend, tend to defeat all Parliamentary Inquiries; and therefore could not be, in our Opinion, within the Intention of the Order.

"4thly, Because the Matters specified in the Answer are of such a Nature as seem only proper to be examined in this House; and had the Lords Petitioners sought a Remedy any where else, they might have been justly censured: We apprehend, therefore, that the pinning them down to the precise Words of the Order may be attended with this fatal Consequence, that all Parliamentary Inquiries may be rendered much more difficult hereafter; which may probably give such Encouragement to corrupt Ministers, that they may be prompted to make the most dangerous Attempts upon the Constitution, and hope to come off with Impunity. Such Apprehensions naturally suggest the melancholy Reslections, that our Posterity may see the Time when some of those Lords, who sit upon a more precarious Foot than the rest of the House, having, through due Motives of Virtue and Honour, opposed the evil Designs of some future Minister, for that, and for that alone, may be excluded at an ensuing Election: And, though the whole World may be sensible of the Cause of their Exclusion, no Remedy may be found; but their Case may become a Subject of National Concern, Indignation, and Resentment.

"Scarsdale.
Strafford.
Chesterfield.
Litchfield.
Suffolk.
Bruce.
Bolton.
Boyle.
Abingdon.
Beaufort.
Huntingdon.
Craven.
Denbigh.
Warrington.
Thanet.
Cobham.
Masham.
Bedford.
Shaftesbury.
Bridgewater.
Northampton.
Coventry.
Graham.
Macclesfield.
Foley.
Haversham.
Berkshire.
Anglesey.
Aylesford.
Gower.
Bathurst."

The Petition to be dismissed.

Then it was moved, "To order, that the said Petition be dismissed."

And after further Debate;

The Question being put, upon the said Motion:

It was Resolved in the Affirmative.

And ordered accordingly.

Prctest against it.

"Dissentient.

"Somerset. Tadcaster. Maynard."

"1st, Because that though the Lords Petitioners have not literally complied with the Order according to the Sense of the House; yet they have laid before us Facts that are of so criminal a Nature in themselves, and so dangerous in their Consequence to the Nation in general, and to this House in particular, that, we think, a due Regard to the Safety of the one and the Honour of the other require the strictest Examination.

"2dly, For, when we consider the First Instance mentioned in the Answer of the Lords Petitioners; (videlicet,) "That the List of Sixteen Peers for Scotland had been framed, by Persons in high Trust under the Crown, long previous to the Election itself; and that this List was shewn to Peers as a List approved of by the Crown, and was called the King's List;" we are filled with Indignation, to see that great Name indecently blended with the Names of Ministers, and profaned and prostituted to the worst Purposes; Purposes that must necessarily tend to the Subversion of our Constitution, which we know it is His Majesty's Glory and Desire to preserve: Such a criminal Attempt to screen or facilitate a Ministerial Nomination, by the Interposition (equally false and illegal) of His Majesty's Name, calls, in our Opinion, for the strictest Inquiry, and the severest Punishment upon the Authors of the Fact if it be proved, or the Assertors of it if it be not; but is, in our Opinion, no way to be dropped unexamined and uninquned into: Such a Precedent may, in future Times, encourage the Worst of Ministers to load with his Guilt the Best of Princes. The borrowed Name of his Sovereign may at once become his Weapon and his Shield; and the Constitution owe its Danger, and he his Defence, to the Abuse of his Prince's Name, after a long Abuse of his Power.

"3dly, Because the following Instances; videlicet,

"That Endeavours were used to engage Peers to vote for this List, by Promise of Pensions and Offices Civil and Military to themselves and near Relations, and by actual Promise of Sums of Money:

"That Sums of Money were actually given to or for the Use of some Peers, to engage them to concur in voting this List:

"That Annual Pensions were promised to be paid to Peers, if they concurred in the voting of this List, some of them to be on a regular Establishment, and others to be paid without any Establishment at all:

"That, about the Time of this Election, Numbers of Pensions, Offices (of which several were nominal), and Releases of Debts owing to the Crown, were granted to Peers who concurred in voting this List, and to their nearest Relations:"

"seem, in the highest Degree, to affect the Honour and Dignity of this House, since untainted Streams can hardly be expected to flow from a corrupted Source: And if the Election of Sixteen Peers to represent the Peerage of Scotland should ever, by the foul Arts of Coriuption, dwindle into a Ministerial Nomination, instead of Persons of the First Rank, greatest Merit, and most considerable Property, we may expect, in future Parliaments, to see such only returned, who, owing their Election to the Nomination of the Minister, may purchase the Continuance of their precarious Seats by a saral and unanimous Submission to his Dictates. Such Persons can never be impartial Judges of his Conduct, should it ever be brought in Judgement before this great Tribunal!

"4thly, Because the last Instance mentioned; videlicet, "That on the Day of Election, a Battalion of His Majesty's Forces was drawn up in The Abby Court at Edinburgh, and Three Companies of them were marched from Leith, a Place at One Mile's Distance, to join the rest of the Battalion, and kept under Arms from Nine in the Morning till Nine at Night, when the Election was ended, contrary to Custom at Elections, and without any Cause or Occasion that your Petitioners can foresee, other than the Over-awing of the Election;" we apprehend to be of the highest Consequence, both to our Liberties in general, and the Freedom of Elections in particular; since, whatever may have been the Pretence, whatever Appreliensions of Disorders or Tumults may have been alleged in this Case, may be equally alleged on future Occasions; especially as we have a Number of Regular Forces abundantly sufficient to answer such Calls; and we apprehend that the Employment assigned to this Battalion will give great Distrust and Uneasiness to many of His Majesty's Subjects, who will fear what Use may be made of the rest of that very great Number of Men now kept up in this Nation.

"5thly, Because we conceive that such a Treatment given to a Petition that contained an Information of Matters of so great Importance, and signed by Peers of such great Rank, Honour, and Veracity, must, in future Times, discourage all Informations of the like Nature.

"6thly, Though all Lords declared their Desire of examining to the Bottom of these important Facts, and though we should acknowledge ourselves to be persuaded that it was their real Intention; yet we very much doubt whether the World will judge with the same Candour, and not rather impute this Dismission of the Petition to an Unwillingness in this House to inquire into Facts that are, in their Nature, so injurious to the Crown, so destructive of the Honour of Parliament, and so dangerous to the whole Frame of our happy Constitution.

"Graham.
Bedford.
Scarsdale.
Berkshire.
Shaftesbury.
Strafford.
Foley.
Chesterfield.
Bathurst.
Litchfield.
Bridgewater.
Cobham.
Beaufort.
Masham.
Bruce.
Abingdon.
Boyle.
Huntingdon.
Craven.
Denbigh.
Warrington.
Suffolk.
Bolton.
Thanet.
Coventry.
Northampton.
Aylesford.
Macclesfield.
Haversham.
Anglesey.
Gower."

Protests of the Scots Peers, made at the late Election, offered to the House:

After which, a printed Paper, intituled, "The Protests of the most Noble and Right Honourable the Peers of Scotland, made at The (fn. 2) Burrow Room at Edinburgh, June the 4th, 1734, as containing Reflections upon the Government and the Peerage," was offered to the House.

As was also, "A written Copy of the said Protests, attested by Witnesses who were ready to prove it to be an authentic Copy."

And it being desired, "That the same may be read:"

It was moved, "To adjourn."

After Debate;

The Question was put, "Whether the House shall be now adjourned to Monday next, at Eleven of the Clock?"

It was Resolved in the Affirmative.

Protest against adjourning.

"Dissentient.

"Because we can by no Means think it consistent with the Honour of the House to adjourn without appointing a Day (as was proposed) to consider of a Matter allowed universally to be of the highest Importance; and we have Reason to apprehend that Posterity, upon the Perusal of the Journal of this Day, may be induced to think that this House was not inclined to permit the Transactions of the late Election in Scotland to be brought under Examination in any Shape whatsover; the Method proposed being, as we conceive, clear of all the Objections which were made in relation to the Petition.

"Blrkshire.
Graham.
Scarsdale.
Foley.
Haversham.
Bedford.
Shaftesbury.
Coventry.
Bridgewater.
Aylesford.
Strafford.
Abingdon.
Warrington.
Chesterfield.
Cobham.
Litchfield.
Denbigh.
Masham.
Beaufort.
Bruce.
Boyle.
Bolton.
Huntingdon.
Suffolk.
Thanet.
Craven.
Northampton.
Anglesey.
Macclesfield.
Gower.
Bathurst.
Maynard."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tertium diem Martii, (fn. 3) jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.