House of Lords Journal Volume 24: February 1736, 11-20

February 1736, 11-20

DIE Mercurii, 11^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Berkeley & al. against Fox & al.

The Answer of John Fox Clerk, to the Appeal of the Honourable Henry Berkeley Esquire and others:

Also, the Answer of the Dean and Chapter of Norwich, to the same Appeal;

Were brought in.

Atty. General & al. against Mason.

As was also, the Answer of Charles Mason Esquire, to the Cross Appeal of Benjamin Stoakes.

E. Pembroke's Petition referred to Judges.

Upon reading the Petition of Henry Earl of Pembroke and Montgomery, Mary Countess of Pembroke and Montgomery, John Mordaunt Esquire, and Mary Countess Dowager of Pembroke and Montgomery his Wife (late Widow of Thomas late Earl of Pembroke and Montgomery, deceased) Robert Herbert, Thomas Herbert, William Herbert, and Nicholas Herbert, Esquires, Younger Sons of the said Thomas late Earl of Pembroke and Montgomery; praying Leave to bring in a Bill, for empowering the Trustees in the Will of Thomas late Earl of Pembroke and Montgomery to lay out the Residue of his Personal Estate in the Purchase, as well of Reversions expectant on Leases for Lives, as of Lands and Hereditaments in Possession; and for enabling the Persons entitled to such Lands and Hereditaments so purchased to make and renew Leases thereof for Lives, or Years determinable on Deaths:

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

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, in Trustees, to be sold, for Payment of the Debts of Charles Bentley, late of Nash, in the said County, deceased; 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 Justice of the Court of Common Pleas and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.

Penn's Petition referred to Judges.

Upon reading the Petition of William Penn, of Kingston Bowsey, in the County of Sussex, Esquire; praying Leave to bring in a Bill, for barring and docking all Estates Tail and Remainder limited of several Estates in the Petition mentioned, by certain Indentures of Lease and Release of the Third and Fourth of May 1703; and vesting the same in the Petitioner, his Heirs or Assigns, in Fee Simple:

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

Malt Bill:

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

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

Harrison, to take the Name of Newport, Bill.

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

With a Bill, intituled, "An Act to enable John Harrison, an Infant, now called John Newport, and the Heirs of his Body, to take and use the Surname of Newport, pursuant to the Directions of Henry late Earl of Bradford, deceased;" to which they desire the Concurrence of this House.

Callifies, &c. Nat. Bill.

A Message was brought from the House of Commons, by Sir Humphry Howarth and others:

With a Bill, intituled, "An Act for naturalizing Peter Callifies and Zachary Cahuac;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

Petitions for Names to be added to Nat. Bill.

A Petition of James Hays, Lewis Schumann, John Valentin Toutin, George Nail, Henry Fry, John Saint, and John Musick:

Also, a Petition of James Cahuac:

And likewise, a Petition of Samuel Despaignol;

Were severally presented to the House, and read; praying, "That the Names of the Petitioners may be inserted in the said Bill for naturalizing Peter Callifies and Zachary Cahuac."

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

Accompt of Money for Greenwich Hospital, delivered.

The House being informed, "That Mr. Wood, Deputy Treasurer of Greenwich Hospital, attended:"

He was called in; and delivered, at the Bar, pursuant to a Clause in an Act of the last Session of Parliament,

"An Accompt, shewing how much Money has been received by the Treasurer of the said Hospital, from Christmas 1734, to Christmas 1735; and how the same has been applied."

And then he was directed to withdraw.

And the Title of the said Accompt was read.

Morgan against Perkins & al.

Upon reading the Petition and Appeal of Thomas Morgan, of the Town of Cardiff, in the County of Glamorgan, Gentleman; complaining of a Decree of the Chancery of the Great Sessions for the Counties of Glamorgan, Brecon, and Radnor, in a Cause there depending, wherein William Perkins and Anne his Wife, and Elizabeth Morgan Spinster, were Plaintiffs, and the Appellant William Morgan Esquire and Robert Powell were Defendants, made the 10th Day of September last; and praving, "That the same may be reversed; and that he may have such further Relief as to the great Wisdom of the House shall seem meet:"

It is Ordered, That the said William Perkins and Anne his Wife, and Elizabeth Morgan, and the said William Morgan Esquire and Robert Powell, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 25th Day of this Instant February.

Mason to amend his Appeal.

Upon reading the Petition of Charles Mason Esquire; praying, "In regard Benjamin Stoakes Executor of Joseph Newell, Sir Bybye Lake, and His Majesty's Attorney General, Respondents to the Petitioner's Appeal, have brought a Cross Appeal, complaining of so much of an Order of the Court of Chancery, of the 15th of January 1733, made on arguing or the said Newell's First Exception to the Master's Report, as hath ordered the same to be over-ruled; by reason whereof, and of the Petitioner's not applying against such Parts of the said Order as over-rules his Second Exception, the whole Merits of the Case will not be in Judgement before this House; that the Petitioner may be at Liberty to amend his said Appeal, in the Particulars aforesaid, in such Manner as he shall be advised; he agreeing to amend the Respondents Copy:"

It is Ordered, That the Petitioner may amend his Appeal, as desired, on the Condition in the Petition mentioned.

Heron against Galloway.

A Petition of Alexander Ross, Agent for James Earl of Galloway, Respondent to the Appeal of Patrick Heron Esquire and others, was read; praying, "In regard the Lord Garlies, the said Earl's Eldest Son, in his Way to London, by a Fall from his Horse, was disabled to pursue his Journey, and thereby the Writings necessary in the Cause delayed being brought; that the hearing the said Appeal may be put off, to such further Time as the House shall think reasonable:"

And thereupon the Petitioner and Mr. Hamilton the Appellant's Agent were called in; and heard, at the Bar.

And being withdrawn:

Ordered, That the hearing the said Appeal be put off to Wednesday the Third Day of March next.

Respondents to Glaseour's Appeal, Petition to put off the Hearing, rejected.

Upon reading the Petition of Henry Bennet and others, Respondents to the Appeal of Thomas Glaseour Esquire; praying, "In regard Mr. Attorney and Mr. Solicitor General, who are Counsel on each Side, will, as the Petitioners apprehend, be engaged in His Majesty's Causes in the Exchequer on Friday next; that the hearing upon the said Appeal may stand over till the 20th Instant:"

It is Ordered, That the said Petition be rejected.

Ross to enter into Recognizance for Denham.

The House being moved, "That Mr. George Ross, Agent for Alexander Denham of Westshiells, may be permitted to enter into a Recognizance for the said Denham, on account of his Appeal depending in this House; he residing in Scotland:"

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

Richardson to enter into Recognizance for Delane.

The like Motion and Order, for Mr. Joseph Richardson, of The Middle Temple, to enter into a Recognizance for Dennis Delane, on account of his Appeal; he being in Ireland.

Trotter against E. of Marchmont & al.

Counsel were called in, to be heard in the Cause wherein Henry Trotter Esquire is Appellant, and Alexander Earl of Marchmont and others are Respondents:

And the Counsel for the (fn. 1) Appellant being heard, and some Proceedings in the Cause on his Part read:

And the First Counsel for the Respondents having been heard:

They were all directed to withdraw.

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

Adjourn.

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

DIE Jovis, 12^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

De Thoms to be added to Nat. Bill.

A Petition of Frederick de Thoms Esquire, was presented, and read; praying to be added to the Bill for naturalizing Peter Callifies and Zachary Cahuac.

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

Then, James Hays, Lewis Schuman, John Valentin Tutin, John Saint, George Nail, Henry Fry, John Musick, James Cahuac, Samuel Despagnol, and the abovementioned Frederick de Thoms, took the Oaths appointed, in order to their Naturalization.

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 Thirty-six."

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

Harrison to take the Name of Newport, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Harrison, an Infant, now called John Newport, and the Heirs of his Body, to take and use the Surname of Newport, pursuant to the Directions of Henry late Earl of Bradford, deceased."

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

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

Callifies, &c. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Peter Callifies and Zachary Cahuac."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

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

Ordered, That the several Petitions directed to lie on the Table be referred to the said Committee.

Trotter against E Marchmont & al.

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of Henry Trotter, of Mortounhall, Esquire; complaining of divers Interlocutors of the Lords of Session in Scotland, of the 8th of January and 31st of December 1723, the 23d of January and 15th of February 1724, the 26th of November and 27th of December 1726, the 6th of February and the 17th and 30th of July 1731, the 19th of February 1732, the 15th of December 1733, and the 18th of January 1734, made on the Behalf of William Earl of Hume, Alexander Earl of Marchmont, Andrew Hogg of Harcarse Esquire, Mr. William Hume, and Mr. Roger Moodie; and praying, "That the same may be reversed; and that such Relief may be given the Appellant as to the Wisdom of this House shall seem meet:" As also upon the joint and several Answers of the said Earl of Hume, Earl of Marchmont, Andrew Hogg, William Hume, and Roger Moodie, 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 Interlocutors, of the 15th of December 1733 and 18th of January 1734, be, and the same are hereby, reversed; and that so much of the other Interlocutors complained of as exclude, or tend to exclude, the Lands of Charterhall and Whinkerstanes from a Share in the Division of the Common in Question, be, and the same are hereby, also reversed; and that the said other Interlocutors in all other respects be, and the same are hereby, affirmed: And it is further Ordered, That the said Lords of Session do grant a new Commission, to divide the said Common among the several Heretors producing their Interests, including in the said Division the Lands of Charterhall and Whinkerstanes.

Delane against Delane & al.:

The House being informed, "That some Persons attended, in order to deliver certain Pleadings and Papers, in the Cause wherein Dennis Delane Gentleman is Appellant, and Dennis Delane and others are Respondents:

and Quin against Langley:

"And in the Cause wherein Valentine Quin Esquire is Appellant, and Samuel Langley Respondent:"

Pleadings proved.

They were called in; and delivered the said Papers, at the Bar; and attested upon Oath, "The same were true Copies, they having examined them with the Orignals in the proper Offices in Ireland."

And then they were directed to withdraw.

Adjourn.

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

DIE Veneris, 13^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Campion's Petition referred to Judges.

Upon reading the Petition of Henry Campion Esquire, Elizabeth Shore Widow (in Behalf of herself and Two Infant Daughters Catherine Shore and Bridget Shore) Dorothy Shore her Daughter, William Dobell Esquire, and William Hay Esquire; praying Leave to bring in a Bill, to vest the undivided Fourth Part of the Manor of Plumpton, and divers Lands, Tenements, and Hereditaments, in the County of Sussex, the Estate of the said Elizabeth, and her Daughters Dorothy, Catherine, and Bridget, in Trustees, to enable them to join in the Sale of the said Manor and Premises; and to vest the Money arising from the Sale of the said undivided Fourth Part in such Trustees, for the same Uses:

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

Subscribers to St. George's Hospital, Petition referred to Judges.

Upon reading the Petition of the Subscribers and Contributors to St. George's Hospital at Hyde Park Corner, in Behalf of themselves and the rest of the Subscribers and Contributors thereto; praying Leave to bring in a Bill, to enable the Dean and Chapter of the Collegiate Church of St. Peter's, Westminster, to alienate and convey the Inheritance and Freehold of a Piece of Ground, with Three Houses thereon built, situate at Knightsbridge, in the County of Middlesex, to Edward Earl of Oxford and Mortimer and his Heirs, or to some other Person or Persons in Trust for the said Subscribers and Contributors, and their Successors:

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

Harrison to take the Name of Newport, Bill.

The Lord Steward reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Harrison, an Infant, now called John Newport, and the Heirs of his Body, to take and use the Surname of Newport, pursuant to the Directions of Henry late Earl of Bradford, deceased," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Callifies, &c. Nat. Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Peter Callifies and Zachary Cahuac," was committed: "That they had considered the said Bill, as also the several Petitions to them referred; and had gone through the same, and made several Amendments thereunto."

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

Acts against Witchcraft, to repeal, Bill.

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

With a Bill, intituled, "An Act to repeal the Statute made in the First Year of the Reign of King James the First, intituled, "An Act against Conjuration, Witchcraft, and dealing with evil and wicked Spirits," except so much thereof as repeals an Act of the Fifth Year of the Reign of Queen Elizabeth, against Conjurations, Enchantments, and Witchcrafts;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Brabason's Petition, and L. Dudley's, referred to Committee of Privileges.

Upon reading the Petition of Edward Brabason Esquire; setting forth, "That the Petitioner and those under whom he derives have, for Thirty-two Years last past, been in the actual and quiet Possession of several Lands, in the County of Tipperary, in the Kingdom of Ireland, of which the Lord Dudley and Ward is applying to this House to be put into Possession, under colour of some Proceeding before their Lordships above Thirty-five Years since;" and praying, "That the Circumstances of the Petitioner's Case may be taken into Consideration; and that he may be heard, by his Counsel, before any Order be made upon the Petition of the said Lord Dudley and Ward:"

It is Ordered, That the Petition of the said Edward Brabason, together with the said Petition of the said Lord Dudley and Ward, be referred to the Consideration of the Lords Committees for Privileges; and that both the said Petitioners may be heard, by their Counsel, before the said Committee; whose Lordships are to meet on Monday the 8th Day of March next.

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-six."

After some Time, 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."

Glascour against Bennet & al.

Counsel called in, to be heard, in the Cause wherein Thomas Glaseour Esquire is Appellant, and Henry Bennet Esquire and others are Respondents:

And the Appellant's Counsel being fully heard, and some Proceedings in the Cause on his Part read:

They were directed to withdraw.

Ordered, That the further Hearing of the said Cause be adjourned till Monday next.

Adjourn.

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

DIE Lunæ, 16^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day John Duke of Montagu, Henry Earl of Pembroke, John Earl of Dunmore, and George Earl of Orkney, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; their Lordships having first, at the Table, delivered in Certificates of their having received the Sacrament; to the Truth whereof Witnesses were sworn and examined.

Gee's Pet. referred to Judges.

Upon reading the Petition of William Gee Esquire; praying Leave to bring in a Bill, to enable him to make and effect a Settlement agreed to be made on Consideration of his Marriage with Elizabeth his present Wife:

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.

Vaux's Pet. referred to Judges.

Upon reading the Petition of Margaret Vaux Widow, for herself, and on the Behalf of Thomas Vaux her only Child, an Infant; praying Leave to bring in a Bill, for Sale of a great Number of Timber Trees, and other Trees, now growing on certain Estates in the Counties of Bedford, Bucks, and Hertford, towards discharging Debts affecting the same, as far as the Money arising thereby will extend; and also to sell a competent Part of the same Estates, to raise Money to pay off the Remainder of the said Debts:

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 Fortescue Aland; with the usual Directions, according to the Standing Orders.

Tayler's Pet. referred to Judges.

Upon reading the Petition of Nicholas Tayler, of Presteigne, in the County of Radnor, Esquire, and Frances his Wife; praying Leave to bring in a Bill, for Sale of Part of an Estate in the said County, settled upon the Marriage of the Petitioners, for discharging Debts and Incumbrances affecting the same:

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

Lys' Nat. Bill.

Upon reading the Petition of Henry Lys; praying Leave to bring in a Bill for his Naturalization:

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

The Lord Hunsdon presented to the House, pursuant to the said Order, a Bill, intituled, "An Act to naturalize Henry Lys."

And the same was read the First Time.

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-six."

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

It was Resolved in the Affirmative.

Harrison, to take the Name of Newport, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Harrison, an Infant, now called John Newport, and the Heirs of his Body, to take and use the Surname of Newport, pursuant to the Directions of Henry late Earl of Bradford, deceased."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Two preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Allen and Mr. Edwards:

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

Callifies & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Peter Callifies and Zachary Cahuac."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Edgworth's Pet. to put off hearing his Appeal:

A Petition of Edward Edgworth Esquire, was presented to the House, and read; praying, "That the Hearing of his Appeal from an Order of the Court of Chancery in Ireland, appointed for Friday next, may be deferred till a Cause in the Court of Exchequer in that Kingdom, touching Matters in Question upon the said Appeal, shall be heard; it being necessary to read the several Proofs in the Petitioner's Defence, which were taken in the said Court of Chancery."

Rejected.

And an Affidavit annexed, made by the Petitioner, That the Contents of the said Petition (fn. 3) is true in Substance," being also read:

Ordered, That the said Petition be rejected.

Glaseour against Bennet & al.

After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of Thomas Glaseour Esquire; complaining of a Decree of the Master of the Rolls, the 11th Day of May 1731, made in a Cause wherein the Appellant was Plaintiff, and Henry Bennet Esquire, Dame Martha Mainwaring, Wife of Edward Mainwaring Esquire, Diana Mainwaring Widow, and Sir Henry Mainwaring Baronet, an Infant, by the said Diana Mainwaring his Mother and Guardian, were Defendants; which Decree was signed and enrolled the 22d Day of June 1732; and praying, "That the same may be reversed:" As also upon the Answer of the said Henry Bennet, Edward Mainwaring and Dame Martha his Wife, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Case:

Judgement.

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

Acts against Witchcraft, to repeal, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to repeal the Statute made in the First Year of the Reign of King James the First, intituled, "An Act against Conjuration, Witchcraft, and dealing with evil and wicked Spirits," except so much thereof as repeals an Act of the Fifth Year of the Reign of Queen Elizabeth, against Conjurations, Enchantments, and Witchcrafts."

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

Adjourn.

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

DIE Mercurii, 18^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir Lister Holt against Lowe.

The Answer of Robert Lowe Esquire, to the Appeal of Sir Lister Holte Baronet, an Infant, by his Grandmother and next Friend, and Francis Willes Gentleman, was brought in.

Sopp against Moore, and Merryweather against Moore:

Upon reading the Petition of Humphry Moore, Defendant in Two Writs of Error brought into this House the 6th Day of this Instant February; in one of which, Robert Sopp is Plaintiff; and in the other, Edmund Merryweather; praying, "In regard the Plaintiffs have not assigned Errors, pursuant to the Standing Order of this House; that the said Writs of Error may be Non pros'd, with such Costs against the respective Plaintiffs as the House shall think reasonable:"

Writs of Error Non pros'd.

It is Ordered, That the Petitioner do forthwith enter a Non pros. on both the said Writs of Error, as desired; and that the Records be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgements given in that Court, as is no such Writs of Error had been brought into this House: And further, that each of the said Plaintiffs in Error do pay, or cause to be paid, to the said Defendant in Error, the Sum of Ten Pounds, for his Costs by reason of the Delay of the Execution of the said Judgements.

O'Farell to make lessop a Respondent to his Appeal.

Upon reading the Petition of Roger O'Farrel Gentleman; praying, "In regard he is advised it is necessary for him to make Robert Jessop, the Son of Robert Jessop deceased, who was a Party in the Suit below, a Party to his Appeal depending in this House: that he may be permitted to amend the same accordingly; no Answer being as yet put in thereunto:"

It is Ordered, That the Petitioner may amend his Appeal, as desired, he amending the Respondent's Copy; and that the said Robert Jessop do put in his Answer thereunto, in Writing, on or before Wednesday the 24th Day of March next; and that the Service of this Order on his Six Clerk in the Court of Chancery in Ireland be deemed good Service.

Rooke's Pet. referred to Judges.

Upon reading the Petition of Frances the Wife of George Rooke Esquire; praying Leave to bring in a Bill, for making effectual a Settlement in the Petition mentioned, made by the said George Rooke on his said Wife after their Marriage:

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

Lys' Nat. Bill.

Henry Lys took the Oaths appointed, in order to his Naturalization.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize Henry Lys."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place To-morrow; and adjourn as they please.

Berkeley against Fox & al.

The House being moved, on the Behalf of John Fox Clerk, Respondent to the Appeal of the Honourable Henry Berkeley Esquire and others, "That a Day may be appointed, for hearing the same:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 15th Day of March next.

Nairn against Ly. Nairn & al.

Upon reading the Petition and Appeal of John Nairn, of Greenyards, Esquire; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 2d and 31st of January 173 5/6, made on the Behalf of Margaret Lady Nairn and her Creditors; and praying, "That the same may be reversed; and that such other Relief may be given the Appellant as to the great Wisdom of this House shall seem meet:"

It is Ordered, That the said Lady Nairn and her Creditors may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 17th Day of March next; and that Service of this Order on the Respondents personally, their Procurators, or Agents, before the said Court of Session in Scotland, be deemed good Service.

Hall, Administrator of Clarke, against Digby:

After hearing Counsel, upon the amended Petition and Appeal of Thomas Hall of the City of Dublin Merchant, Administrator of the Goods and Chattels of Augustine Clarke late of the said City Merchant, deceased; complaining of an Order and Decree of the Court of Exchequer in Ireland, on or about the 23d Day of February 1733, in a Cause there then depending, wherein Richard Digby Gentleman and Anne his Wife were Plaintiffs, and the said Augustine Clarke and others were Defendants; and praying, "That the same may be reversed, or rectified; and such Relief given to the Appellant as to the great Wisdom of this House shall seem meet:" As also upon the several Answers of the said Richard Digby and his Wife, and of Mary Lincolne, of the said City of Dublin, Widow and Administratrix de Bonis non to James Clarke, Father of the said Augustine Clarke, put in to the said Appeal; and due Consideration had of what was offered by Counsel 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 and Decree complained of in the said Appeal be, and is hereby, reversed; and that the Bill exhibited in the said Court of Exchequer, by the said Richard Digby and Anne his Wife, be, and the same is hereby, dismissed.

Adjourn.

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

DIE Jovis, 19^o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Messages from H. C. with a Bill; and to return Callifies, &c. Nat. Bill.

A Message was brought from the House of Commons, by Sir William Yonge 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.

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

To return the Bill, intituled, "An Act for naturalizing Peter Callifies and Zachary Cahuac; and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Lys', Nat. Bill.

The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Henry Lys," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

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 (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, 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 Title of that and the other Bills ready for the Royal Assent were read, by the Clerk of the Crown, as follow; (videlicet,)

Bills passed.

"1. An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-six."

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

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

"2. An Act to enable John Harrison, an Infant, now called John Newport, and the Heirs of his Body, to take and use the Surname of Newport, pursuant to the Directions of Henry late Earl of Bradford, deceased."

"3. An Act for naturalizing Peter Callifies and Zachary Cahuac."

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.

E. of Pembroke, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Henry Earl of Pembroke and Montgomery and others; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for empowering the Trustees named in the Will of Thomas late Earl of Pembroke and Montgomery to lay out the Residue of his Personal Estate in the Purchase of such Lands and Hereditaments as in this Act are mentioned."

Banks's Pet. referred to Judges.

Upon reading the Petition of Joseph Banks the Elder, of Revesby Abby, Esquire, and Joseph Banks the Younger, his Eldest Son and Heir Apparent; praying Leave to bring in a Bill, for charging certain Estates, in the Counties of Lincoln and Stafford, in the Petition mentioned, with Five Thousand Pounds apiece, for the Portions of the Grandchildren of Joseph Banks Esquire, Father of the Petitioner Joseph the Elder, according to the Intention of his Will; and to empower the Petitioner Joseph the Younger, and the other Tenants for Life in Remainder, to make Jointures, when they respectively shall be in Possession under the said Will:

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 Comyns; with the usual Directions, according to the Standing Orders.

Mutiny Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to punish Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

Address, for Articles of War, and List of the Promotion of Officers.

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

"And also, a List of the Promotion of the Officers of 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; with the Dates of the Commissions of such Officers."

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

Forrest, to enter into Recognizance for Forrest.

The House being moved, "That Thomas Forrest, of Westminster, Gentleman, may be permitted to enter into a Recognizance for Robert Forrest, on account of his Appeal depending in this House; he being in Scotland:"

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

Adjourn.

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

DIE Veneris, 20^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Parker & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of George Parker Esquire and others; 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 vacating the Grants and Settlements of certain Manors and Lands made by George Parker Esquire, upon the Marriage of Francis his Son with Jaquete his now Wife; and for settling other Lands instead thereof."

E. of Pembroke & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for empowering the Trustees named in the Will of Thomas late Earl of Pembroke and Montgomery to lay out the Residue of his Personal Estate in the Purchase of such Lands and Hereditaments as in this Act are 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 Saturday the 6th Day of March next, at the usual Time and Place; and adjourn as they please.

Lys' Nat Bill:

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

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. Allen and Mr. Edwards:

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

Nowell's Pet. referred to Judges.

Upon reading the Petition of Mary Nowel Widow, Relict of Roger Nowel the Younger, late of Read, in the County Palatine of Lancaster, Esquire, deceased, for herself and in Behalf of Rebeccah and Dorothy her Two Infant Children, by her said late Husband Alexander Nowel of Manchester Esquire, for himself, and in Behalf of his Infant Children Alexander Nowel and Thomas Nowel, Alexander Nowel of Gawthroppe in the said County of Lancaster, for himself and in Behalf of his Infant Sons Roger Nowel, Thomas Nowel, James Nowel, and Ralph Nowel, and Alexander Nowel and Richard Nowel, the First and Second Sons of the said Alexander Nowel the Elder, of Gawthroppe; praying Leave to bring in a Bill, for making effectual Articles of Agreement in the Petition mentioned, for Sale of certain Estates in Lanceshire and Yorkshire, for satisfying the Debts of the said Roger Nowel, and making Provision for his Widow and Two Infant Daughters:

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

Hay's Pet. referred to Judges.

Upon reading the Petition of Charles Hayes Esquire and Sophia his Wife; praying Leave to bring in a Bill, for Sale of certain Estates, in the County of Essex, in the Petition mentioned, for satisfying Debts and Incumbrances; and for other Purposes therein expressed:

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.

Edgworth against Edgworth & al.:

Counsel (according to Order) were called in, to be heard, in the Cause wherein Edward Edgworth Esquire is Appellant, and Packington Edgworth Esquire, Mary Edgworth, and John Damer Esquire, are Respondents:

And Counsel appearing for the Respondents; but none for the Appellant.

They acquainted the House, "That, by the artifical Delays of the Appellant, the Respondents have been kept out of Possession of certain Estates in Ireland for above Five Years;" and prayed, "That the Appeal may be dismissed; and the Order of the Court of Chancery in that Kingdom, made the 28th of February 1734, in the said Appeal complained of, directing an Issue at Law to be tried touching the due Execution of certain Deeds in Question, may be affirmed, with exemplary Costs."

And then they were directed to withdraw.

Judgement affirmed, with 300l. Costs.

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

Then the House being informed, "That the Appellant had not entered into a Recognizance for the Payment of Costs, if any should be awarded, as is required by their Lordships Standing Order:"

It is hereby further Ordered, That the Appellant do pay to the Respondents Three Hundred Pounds, for their Costs in respect of the said Appeal; and that the said Court of Chancery do carry this Order into Execution.

His Majesty's Answer to the Address for articles of War, &c.

The Lord Steward acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty their Lordships Address of Yesterday, for the Articles of War, and List of the Promotion of Officers in the Army; and that His Majesty was pleased to say, He would give Order to the proper Officer, to lay the same before this House accordingly."

Address for a State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1734, and 31st of December 1735; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied."

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

Adjourn.

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