House of Lords Journal Volume 23
February 1730, 21-28

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History of Parliament Trust

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1767-1830

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486-493

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'House of Lords Journal Volume 23: February 1730, 21-28', Journal of the House of Lords volume 23: 1727-1731 (1767-1830), pp. 486-493. URL: http://www.british-history.ac.uk/report.aspx?compid=113954 Date accessed: 01 October 2014.


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February 1729, 21-28

DIE Lunæ, 23o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Bath & Well.
Epus. Litch. & Cov.
Epus. Eliens.
Epus. Gloucestr.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Petriburg.
Epus. Cestriens.
Epus. Asaphens.
Epus. Landav.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Graston, Camerarius.
Dux Beaufort.
Dux Montagu.
Dux Ancaster, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
Dux Chandos.
Comes Northampton.
Comes Warwick & Holland.
Comes Litchfield.
Comes Plimouth.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Sutherland.
Comes Buchan.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Uxbridge.
Comes Aylesford.
Comes Pomfret.
Viscount Townshend.
Viscount Hatton.
Viscount St. John.
Viscount Falmouth.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Lynne.
Ds. Haversham.
Ds. Montjoy.
Ds. Bathurst.
Ds. Cadogan.
Ds. Wilmington.
Ds. Hobart.
Ds. Monson.

PRAYERS.

Arrot versus Garden.

Upon reading the Petition and Appeal of Mr. William Arrot, Minister of the Gospel at Montrose; complaining of several Interlocutors of the Lords of Session in Scotland, of the Sixteenth and Twenty-ninth of July, the Eleventh and Thirteenth of December, 1729, and the Tenth of this Instant February, made on the Behalf of Mr. Alexander Garden; and praying, "That the same may be reversed:"

It is Ordered, That the said Alexander Garden may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Three and Twentieth Day of March next; and that Service of this Order on the Respondent's Procurator, or Agent, in the Court of Session in Scotland, be deemed good Service.

Staines versus Maddock & al.:

After hearing Counsel, upon the Petition and Appeal of John Staines; complaining of an Order of the Court of Chancery, made the Fourteenth of November last, in a Cause wherein Edward, Robert, Thomas, John, William, and Sarah Maddock, Infants, by Robert Maddock their prochein Amy, were Plaintiffs, and the Appellant was Defendant; and praying, "That so much thereof as over-rules the Appellant's First, Second, Fifth, Sixth, and Seventh Exceptions, and orders the Appellant to pay Costs, may be reversed; and that the Appellant may have all just Allowances made to him, and his Costs of several Suits:" As also upon the Answer of the said Edward, Robert, Thomas, John, William, and Sarah Maddock, by their prochein Amy, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order affirmed, with Costs.

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 Order therein complained of be, and is hereby, affirmed: And it is further Ordered, That the said Appellant do pay, or cause to be paid, to the said Respondents, the Sum of Thirty Pounds, for their Costs in respect of the said Appeal.

East Wellow Common, Petition to enclose.

Upon reading the Petition of the Commoners and Inhabitants of the Tithing of East Wellow, in the County of Southampton; praying Leave to bring in a Bill, for enclosing Part of the Common and Waste of East Wellow aforesaid, not exceeding Six Hundred Acres:

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

L. J. Cavendish, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of James Cavendish Esquire, commonly called Lord James Cavendish, in Behalf of himself and of William Cavendish Esquire, his only Son, an Infant, and of William now Duke of Devonshire, was reserred; 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 1a vice lecta est Billa, intituled, "An Act for vesting the Manor of Claxby, and divers Lands and Hereditaments, in the County of Lincoln, the Estate of the Honourable James Cavendish Esquire, in Trustees, to be sold, for discharging Four Thousand Two Hundred Pounds, secured upon those and other Lands."

Westby & al. Petition referred to Judges.

Upon reading the Petition of Robert Westby Esquire, Alexander Osbaldeston Gentleman and Catherine his Wife, John Benison Clerk and Ann his Wife, William Shuttleworth Gentleman and Margaret his Daughter, and Mary Westby; praying Leave to bring in a Bill, for Sale of Part of the Estates of Mowbreck and Burne, in the County of Lancaster, for Payment of Portions, Debts, and Incumbrances:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and Mr. Justice Price; with the usual Directions, according to the Standing Orders.

Player & al. Petition referred to Judges.

Upon reading the Petition of Thomas Player Esquire, Thomas Oldfield Gentleman, and Thomas Henchman Clerk; praying Leave to bring in a Bill, to sell a settled Estate in the County of Somerset, or any Part thereof, to raise Money, to discharge certain Incumbrances in the Petition mentioned; and for laying out the Surplus of the Money (if any) arising by such Sale in the Purchase of Lands, to be settled to the same Uses as the Estate to be sold is now settled:

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

Lillington Common Fields, to enclose, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enclosing several Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Lillington, in the County of Warwick."

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. Burroughs and Mr. Tothill:

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

Adjourn.

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

DIE Martis, 24o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Oxon.
Epus. Sarum.
Epus. Gloucestr.
Epus. Norwic.
Epus. Hereford.
Epus. Bristol.
Epus. Exon.
Epus. Cestriens.
Epus. Bangor.
Epus. Landav.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Beaufort.
Dux Devon.
Dux Montagu.
Dux Ancaster, Magnus Camerarius Angl.
Dux Newcastle.
Comes Northampton.
Comes Litchfield.
Comes Warrington.
Comes Rochford.
Comes Jersey.
Comes Godolphin.
Comes Sutherland.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Marchmonts.
Comes Ilay.
Comes Strafford.
Comes Graham.
Comes Ker.
Viscount Say & Seale.
Viscount Hatton.
Viscount Cobham.
Viscount Falmouth.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Lynne.
Ds. Guilford.
Ds. Herbert.
Ds. Haversham.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Wilmington.
Ds. Hobart.
Ds. Monson.

PRAYERS.

Gordon versus Craufurd.

The Answer of Patrick Craufurd, Merchant in Edinburgh, and his Son, to the Appeal of James Gordon of Craighlaw, was brought in.

Message from H. C. to return Claughton Commons, to enclose, Bill.

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

To return the Bill, intituled, "An Act to enclose divers Commons and Parcels of Waste Grounds, lying and being in the Township of Claughton, in the Parish of Garstang, and County Palatine of Lancaster;" and to acquaint this House, that they have agreed to the same, without any Amendment.

D. of Douglas versus L. Strathnaver.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of Archibald Duke of Douglas; complaining of several Interlocutories of the Lords of Session in Scotland, made on the Behalf of William Lord Strathnaver.

And the Counsel for the Appellant, and One Counsel for the Respondent, being heard:

They were directed to withdraw.

And being withdrawn:

It is Ordered, That the further hearing the said Cause be adjourned till To morrow; and that the Causes on Cause-days be removed in Course.

Adjourn.

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

DIE Mercurii, 25o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Norwic.
Epus. Hereford.
Epus. Bristol.
Epus. Petriburg.
Epus. Cestriens.
Epus. Landav.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Montagu.
Dux Ancaster, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
Dux Chandos.
Comes Northampton.
Comes Warwick.
Comes Abingdon.
Comes Plimouth.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Sutherland.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Pomfret.
Viscount Hereford.
Viscount Falmouth.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Herbert.
Ds. Haversham.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Wilmington.
Ds. Monson.
Ds. Lovell.

PRAYERS.

State of the National Debt delivered.

The House being informed, "That Mr. Chocke, from the Exchequer, attended:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Address to His Majesty on the Sixteenth Instant, a Paper intituled as follows:

"A State of the National Debt, provided or unprovided for by Parliament, as it stood the Thirty-first of December 1728, and the Thirty-first of December 1729; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the Twenty-fifth of December 1716, the said Fund hath been applied."

And then he withdrew.

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

D. of Douglas versus L. Suathnaver:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Archibald Duke of Douglas; complaining of several Interlocutories of the Lords of Session in Scotland, of the Second and Twentyfourth of February 1727/28, and the Ninth and Twentyfifth of July following, made on the Behalf of William Lord Strathnaver; and praying, "That the same may be reversed:" As also upon the Answer of the said Lord Strathnaver put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutories affirmed, with Costs.

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 several Interlocutories therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondent, the Sum of Fifty Pounds, for his Costs in respect of the said Appeal.

Gerard's Petition referred to Judges.

Upon reading the Petition of Peter Gerard Gentleman and Grace his Wife, and of Frances, Elizabeth, Mary, Peter, Jane, Nathaniel, Grace, and Mercy Gerard, Children of the said Peter Gerard; praying Leave to bring in a Bill, for Sale of a Messuage called The Priory, together with other Lands and Tenements, in Hinckley, in the County of Leicester, held of the Dean and Chapter of Westminster, for raising Monies, to be applied for the immediate Preferment of the Petitioners the Children, to which the Heir at Law and Administrator of John Trinder will consent:

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

Sir J. Lumley, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Sir James Lumley Baronet, a Lunatic, by Elizabeth Neville Widow, the Committee of his Person and Estate, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Estate of Sir James Lumley Baronet in Trustees, for raising Monies, by Sale or Mortgage thereof, for the Payment of his Debts."

Visc. Montcashel's Petition referred to Judges.

Upon reading the Petition of Edward Lord Viscount Montcashel of the Kingdom of Ireland, an Infant, by his Mother and Guardian Katherine Viscountess Montcashel; praying Leave to bring in a Bill, to enable the Petitioner to make a Settlement of his Estate, upon his Marriage, notwithstanding his Infancy:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and Mr. Justice Price; with the usual Directions, according to the Standing Orders.

Sir W. Wagstaffe Bagot, Leave for a Bill.

Upon reading the Petition of Sir Walter Wagstaffe Bagot Baronet, Lord of the Manor of Bishop's Tachbrooke, in the County of Warwick, and of Samuel Carte Clerk, Rector of the Parish Church of Bishop's Tachbrooke aforesaid; praying Leave to bring in a Bill, for enclosing divers Common Fields and Unenclosed Lands, within the said Manor and Parish, in such Manner as to this House shall seem meet:

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

Horninghold Common Fields, to enclose, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Parish of Horninghold, in the County of Leicester," was committed: "That they had considered the said Bill, and gone through the same, and made some Amendments thereunto."

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

Ordered, That the said Bill, with the Amendments, be engrossed.

L. J. Cavendish's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Manor of Claxby, and divers Lands and Hereditaments, in the County of Lincoln, the Estate of the Honourable James Cavendish Esquire, in Trustees, to be sold, for discharging Four Thousand Two Hundred Pounds, secured upon those and other Lands."

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

Ld. Privy Seal.
D. Montagu.
D. Chandos.
E. Warwick.
E. Abingdon.
E. Warrington.
E. Coventry.
E. Jersey.
E. Findlater.
E. Orkney.
E. Marchmont.
E. Ilay.
E. Strafford.
E. Aylesford.
E. Pomfret.
Viscount Hereford.
Viscount Falmouth.
L. Bp. Winton.
L. Bp. Bath & Wells.
L. Bp. Oxford.
L. Bp. Gloucester.
L. Bp. Norwich.
L. Bp. Bristol.
L. Bp. Chester.
L. Bp. Landaff.
Ld. Delawarr.
L. Hunsdon.
L. Lovelace.
L. Haversham.
L. Montjoy.
L. Foley.
L. Bathurst.
L. Onslow.
L. Cadogan.
L. Wilmington.
L. Monson.
L. Lovell.

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

L. Morpeth's Petition referred to Judges.

Upon reading the Petition of Henry Howard Esquire, commonly called Lord Morpeth, and Frances his Wife; praying Leave to bring in a Bill, to sell the Manor of Hickling, and divers Messuages, Lands, and Hereditaments, in the County of Nottingham; and to settle another Estate, of greater Value, to the same Uses:"

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

Aikenhead peremptorily to answer Campbell's Appeal.

The House being informed, "That John Aikenhead, who, by Order of the Three and Twentieth of January last, was required to put in his Answer to the amended Appeal of Elizabeth Campbell, Widow of John Campbell Esquire, deceased, on or before the Twentieth Instant, has neglected so to do, though duly served with the said Order for that Purpose:"

Thereupon Mr. Alexander Hamilton was called in; and examined, upon Oath, at the Bar, touching the said Service.

And being withdrawn:

It is Ordered, That the said John Aikenhead do peremptorily put in his Answer to the said Appeal in a Week.

Gordon versus Craufurd.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein James Gordon of Craighlaw is Appellant, and Patrick Craufurd and his Son 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.

Ward & al. versus Calloway and Minnet.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Ward and others are Appellants, and William Calloway and George Minnet are Respondents:"

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

Satisfatt & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Margery Satisfatt, in Behalf of herself and Daughter Jemima Satisfatt an Infant, Roger Satisfatt also an Infant, Brother of the said Jemima by One Father, and of Edward Lord Bishop of Coventry and Litchfield, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for confirming a Conveyance and Surrenders of certain Freehold and Copyhold Lands and Hereditaments, by Roger Satisfatt and Jemima Satisfatt, both Infants, unto Edward Lord Bishop of Coventry and Litchfield."

Adjourn.

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

DIE Jovis, 26o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Eliens.
Epus. Gloucestr.
Epus. Norwic.
Epus. Hereford.
Epus. Cicestriens.
Epus. Exon.
Epus. Petriburg.
Epus. Cestriens.
Epus. Asapbens.
Epus. Landav.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux Devon.
Dux Ancaster, Magnus Camerarius Angl.
Dux Newcastle.
Dux Chandos.
Comes Pembroke & Montgomery.
Comes Northampton.
Comes Warwick & Holland.
Comes Chesterfield.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Cholmondeley.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount Falmouth.
Ds. Delawarr.
Ds. Cornwallis.
Ds. Lynne.
Ds. Haversham.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Walpole.
Ds. Wilmington.
Ds. Hobart.
Ds. Lovell.

PRAYERS.

Sir R. Levinge versus Ly. Levinge.

The Answer of Dame Mary Levinge Widow, to the Appeal of Sir Richard Levinge Baronet:

Wellington versus Darby & al.

Also, the joint and several Answer of John Darby, Arthur Bettesworth, and Francis Clay, Three of the Respondents to the Appeal of Richard Wellington and others:

Glisson versus Okeden.

And also, the joint and several Answers of William Okeden Esquire and Edmund Okeden an Infant, by the said William Okeden his Brother and Guardian, and of Peter Walter, Thomas Hussey, and John Bond, Esquires, to the Appeal of Mary Glisson and others;

Were brought in.

Mr. Reeve's Attendance on Small's Appeal dispensed with.

The House was informed, "That Mr. Reeves had signed the Appeal of Alexander Small, presented to their Lordships the Twenty-seventh of January last; complaining of a Decree and Proceedings of the Court of Chancery; but was not of Counsel in the Cause in that Court; and that, his necessary Affairs obliging him to be out of Town at the Time the said Appeal stands for an Hearing, therefore he desired his Attendance at the said Hearing might be dispensed with."

It is Ordered, That the Attendance of the said Mr. Reeves be dispensed with, as desired; but that the Counsel who shall attend in Behalf of the Appellant, at the Hearing, do take Care they be within the Qualifications directed by the Standing Order in relation to Counsel's signing Appeals.

D. Montagu & al. Leave for a Bill to enclose Common Fields in Dunchurch.

Upon reading the Petition of John Duke of Montagu, Lord of the Manors of Dunchurch, Toft, and Thurlaston, in the County of Warwick, and Impropriator of the Rectory of Dunchurch, Edward Davies Clerk, Vicar of Dunchurch, William Fawkes, and others; praying Leave to bring in a Bill, for performing Agreements touching the enclosing of Common Fields in Dunchurch aforesaid:

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

Kekewich to be beard, touching Jenvns's Bill of Divorce.

Upon reading the Petition of Pendarves Kekewich; praying, "In regard James Jenyns Esquire has brought his Action against the Petitioner, for Criminal Conversation with his Wife; that he may be heard, by Counsel, on the Second Reading the Bill to dissolve the Marriage of the said Mr. Jenyns; and that an Order may be given for Witnesses to attend, to be examined on the Petitioner's Behalf; and that the Second Reading the said Bill may be put off for a few Days:"

It is Ordered, That the Second Reading of the said Bill be put off to Tuesday next; and that the Petitioner may be then heard, by his Counsel; as may also the said Mr. Jenyns; and that the Petitioner may have an Order for the Attendance of such Witnesses as he shall desire; as may also the said Mr. Jenyns.

State of the Nation to be considered.

Ordered, That, on this Day Fortnight, this House will take into Consideration the State of the Nation.

Kelynack & al. versus Gwavas:

After hearing Counsel, upon the Petition and Appeal of William Kelynack, Richard Richards, Philip Kelynack, and One Hundred and Sixteen others, Parishioners and Fishermen, residing within the Parish of Paul, in the County of Cornwall; complaining of an Order of the Court of Exchequer, made the Ninth of May 1728, directing a Trial at Law, in a Cause wherein William Gwavas Gentleman was Plaintiff, and the Appellants were Defendants; as also of an Order, or Decree, of the same Court, the Eighth of December 1728, on the Equity reserved; and praying, "That the same may be reversed:" As also upon the Answer of the said William Gwavas put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Orders or Decrees affirmed.

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

L. and Lady Walpole's Petition referred to Judges.

Upon reading the Petition of Robert Lord Walpole and Margaret Lady Walpole his Wife; praying Leave to bring in a Bill, to enable the said Lord Walpole to grant, to such Persons as His Majesty shall appoint, a Parcel of Ground, called South Downe, for Ninety-nine Years; and to enable the Petitioners to grant Building Leases:

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

Satisfatt's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming a Conveyance and Surrenders of certain Freehold and Copyhold Lands and Hereditaments, by Roger Satisfatt and Jemima Satisfatt, both Infants, unto Edward Lord Bishop of Coventry and Litchfield."

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

Ld. Privy Seal.
Ld. Steward.
D. Beaufort.
D. Chandos.
E. Northampton.
E. Warwick.
E. Scarbrough.
E. Warrington.
E. Rochford.
E. Findlater.
E. Ilay.
E. Strafford.
E. Aylesford.
E. Macclesfield.
Viscount Say & Seale.
Viscount Falmouth.
L. Bp. Oxon.
L. Bp. Ely.
L. Bp. Gloucester.
L. Bp. Norwich.
L. Bp. Chester.
L. Bp. St. Asaph.
L. Bp. Landaff.
L. Delawarr.
L. Cornwallis.
L. Lynne.
L. Haversham.
L. Boyle.
L. Montjoy.
L. Bathurst.
L. Onslow.
L. Wilmington.
L. Hobart.
L. Lovell.

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

Sir J. Lumley's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Estate of Sir James Lumley Baronet in Trustees, for raising Monies, by Sale or Mortgage thereof, for the Payment of his Debts."

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

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

D. Beaufort, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Henry Duke of Beaufort, Frances Dutchess of Beaufort, and Edward Digby Esquire, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for obliging Henry Duke of Beaufort and Frances Dutchess of Beaufort, and her Children, to take the Surname and Arms of Scudamore, pursuant to a Settlement made by James late Lord Scudamore in the Kingdom of Ireland; and for vesting in the said Duke, in Fee, the Manors of Wickball and Ditton Camois, and Lands, in the County of Cambridge, late the Estate of the said Lord Scudamore, in Lieu of the Portion provided by him for his Daughter the said Dutchess; and for other Purposes therein mentioned."

Wellington versus Poulson & al.:

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Richard Wellington, James and Bethell Wellington, Infants, by Bethell Goodwin their Guardian, are Appellants, and John Poulson and others are Respondents:"

Hearing appointed.

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.

Maitland petemptorily to answer Fergusson's Appeal.

The House was informed, "That William Maitland, who, by Order of the Twenty-eighth of January last, was required to put in his Answer to the Appeal of William Fergusson on or before the Twenty-fifth Instant, has neglected so to do, though duly served with the said Order for that Purpose."

Thereupon an Affidavit, made by William Curries, of the due Service of the said Order, being read:

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

Adjourn.

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

DIE Veneris, 27o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Bath & Well.
Epus. Oxon.
Epus. Gloucestr.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Epus. Bangor.
Epus. Landav.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Beaufort.
Dux Newcastle.
Dux Manchester.
Dux Chandos.
Comes Northampton.
Comes Warwick & Holland.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Marchmont.
Comes Strafford.
Comes Oxford & Mortimer.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Hatton.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Lynne.
Ds. Haversham.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Wilmington.
Ds. Hobart.
Ds. Monson.

PRAYERS.

Jervoise versus Feild.

The Answer of James Feild, to the Appeal of Thomas Jervoise and Benjamin Rudyerd Esquires, was brought in.

L. Hobart's Petition referred to Judges.

Upon reading the Petition of John Lord Hobart; praying Leave to bring in a Bill, to vest the Manor of Gunnersbury, and other settled Estate, in the County of Middlesex, in him and his Heirs, upon his settling another Estate, of greater Value, in the County of Norfolk, to the same Uses:

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

Sir W. Stanhope & al Petition referred to Judges.

Upon reading the Petition of Sir William Stanhope Knight of the Bath, Dame Susanna his Wife, John Rudge Esquire, Father of the said Dame Susanna, and Philip Earl of Chesterfield; praying Leave to bring in a Bill, for Sale of Part of an Estate settled on the Marriage of the said Sir William Stanhope, for Payment of Debts, and 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 Justice of the Court of King's Bench and Mr. Justice Price; with the usual Directions, according to the Standing Orders.

Sir C. Musgrave versus Briscoe & al.

The House being moved, on the Behalf of John Brisco Esquire, Richard Ward, and Dorothy his Wife, Respondents to the Appeal of Sir Christopher Musgrave Baronet, "That, in regard they put in their Answer to the said Appeal the Twenty-eighth of last Month, and the Appellant has not yet made any Application for a Day of Hearing, that Tuesday the Seventh Day of April next may be appointed for hearing this Cause:

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

Tracy & al. Petition referred to Judges.

Upon reading the Petition of John Tracy, William Gosselin, Smart Lethreullier, Esquires, and Richard Rogers Gentleman, (Trustees named in the last Will and Testament of Sir William Dodwell Knight, deceased,) on Behalf of Mary Dodwell, an Infant, only Child of the said Sir William Dodwell; praying Leave to bring in a Bill, to enable Trustees to make Leases of the Estate of the said Sir William Dodwell; and for other Purposes therein mentioned:

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

Horninghold Common, to enclose, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Parish of Horninghold, in the County of Leicester."

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. Burroughs and Mr. Allen:

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

Kekewich, for Mr. Shepherd to attend, as a Witness on Jenyns's Bill:

Upon reading the Petition of Pendarves Kekewich; praying, "In regard Samuel Shepherd Esquire, a Member of the House of Commons, is a very material Witness on the Petitioner's Behalf, that a Message may be sent to that House, to desire that the said Mr. Shepherd may attend, on the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of James Jenyns Esquire with Rachel Estwick, and to enable him to marry again; and to illegitimate the spurious Child that has been born of her since her Separation, and any other Child which shall be born of her; and for other Purposes therein mentioned:"

It is Ordered, That a Message be sent to the House of Commons, as desired.

Message to H. C. for him to attend.

And a Message was sent to that House, by Mr. Burroughs and Mr. Allen, accordingly.

D. Beaufort's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for obliging Henry Duke of Beaufort and Frances Dutchess of Beaufort, and her Children, to take the Surname and Arms of Scudamore, pursuant to a Settlement made by James late Lord Scudamore in the Kingdom of Ireland; and for vesting in the said Duke, in Fee, the Manors of Wickhall and Ditton-Camois, and Lands, in the County of Cambridge, late the Estate of the said Lord Scudamore, in Lieu of the Portion provided by him for his Daughter the said Dutchess; and for other Purposes therein mentioned."

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

Ld. Privy Seal.
L. Steward.
D. Manchester.
D. Chandos.
E. Northampton.
E. Warwick.
E. Litchfield.
E. Warrington.
E. Coventry.
E. Findlater.
E. Marchmont.
E. Strafford.
E. Oxford.
E. Macclesfield.
E. Pomfret.
Viscount Say & Seale.
Viscount Hatton.
L. Bp. London.
L. Bp. Bath & Wells.
L. Bp. Oxon.
L. Bp. Gloucester.
L. Bp. Hereford.
L. Bp. St. David's.
L. Bp. Bristol.
L. Bp. Chester.
L. Bp. Bangor.
L. Bp. Landaff.
L. Delawarr.
L. Fitzwalter.
L. Cornwallis.
L. Lynne.
L. Haversham.
L. Boyle.
L. Montjoy.
L. Foley.
L. Bathurst.
L. Wilmington.
L. Hobart.
L. Monson.

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

East Wellow Common, to enclose, Bill.

The Duke of Chandos presented to the House (pursuant to the Order of the Twenty-third Instant), a Bill, intituled, "An Act for enclosing Part of the Waste or Common called East Wellow Common, belonging to the Manor and Tithing of East Wellow, in the County of Southampton; and for vesting a certain Annual Rent Charge in Trustees, for the Benefit of the Poor of the Tithing of East Wellow aforesaid for ever."

And the said Bill was read the First Time.

Browne versus Daly and L. Athunry.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Issidor Browne Gentleman is Appellant, and Dennis Daly Esquire and Francis Lord Baron of Athunry in Ireland are Respondents.

And the Appellant's Counsel being heard, they were all directed to withdraw.

And being withdrawn:

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

Adjourn.

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

DIE Sabbati, 28o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Bath & Well.
Epus. Oxon.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Comes Sutherland.
Comes Findlater.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Macclesfield.
Viscount Say & Seale.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Wilmington.

PRAYERS.

Ghettoff versus London Assurance Comp.

The Answer of the Governor and Company of The London Assurance, to the Appeal of Gio Marino de Ghettoff, A Du Boss de Vroylande, and others:

Foord versus Foord.

As also, the Answer of Ellen Foord, an Infant, by William Jolly her Guardian, and of the said William Jolly, to the Appeal of William Foord;

Were brought in.

Browne versus Daly and L. Athunry:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Issidor Browne Gentleman; complaining of a Decree, or Order, of the Court of Exchequer in Ireland, made the Eighth of February 1726, and an Order of the said Court, affirming the same, made on a Re-hearing, had the Twenty-sixth and Twenty-seventh of April 1727, in a Cause wherein the Appellant was Plaintiff, and Dennis Daly Esquire and Francis Lord Baron of Athunry were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Dennis Daly and Francis Lord Athunry put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decrees or Orders affirmed, with Costs.

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 Decrees, or Orders, therein complained of, be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondents, the Sum of Forty Pounds, for their Costs in respect of the said Appeal.

Glisson versus Morgan & al.:

Upon reading the Petition of Conyers Place, for himself, and as prochern Amy to Mary Glisson and Magdalen Glisson, Infants; praying, "That a Day may be appointed, for hearing their Appeal; and that an Indenture of Release, dat. 30o Augusti 3o Jacobi 2di, an Indenture of Release, dat. 27o Decembris, 1715, a Fine levied Hill. 2do Georgii 1ipi, and an Indenture of Release, dat. 18o Julii, 1716, and the original Will of William Okeden, dat. 29o Januarii 1716, which were ordered to be produced at the Hearing below, may be produced at the Bar of this House, at the hearing the said Appeal:"

Hearing appointed, and Deed to be produced.

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; and that the Deeds and Writings, mentioned in the said Petition to be produced below, be produced at the Hearing in this House, as desired.

Sir Fr. Hen. Drake's Petition referred to Judges.

Upon reading the Petition of Sir Francis Henry Drake Baronet; praying Leave to bring in a Bill, to enable him to make Leases of the Paternal Estate of the Family; and for other Purposes in the Petition mentioned:

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

Halden peremptorily to answer Carre's Appeal.

The House was informed, "That John Halden, who, by Order of the Twenty-eighth of January last, was required to put in his Answer to the Appeal of John Carre of Cavers Esquire on or before the Twenty-fifth Instant, has neglected so to do, though duly served with the said Order for that Purpose."

And thereupon an Affidavit; made by George Erskine Writer in Edinburgh, of the due Service of the said Order, being read:

It is Ordered, That the said John Halden do peremptorily put in his Answer to the said Appeal in a Week.

East Wellow Common. to enclose, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enclosing Part of the Waste, or Common, called East Wellow Common, belonging to the Manor and Tithing of East Wellow, in the County of Southampton; and for vesting a certain Annual Rent Charge in Trustees, for the Benefit of the Poor of the Tithing of East Wellow aforesaid for ever."

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

Ld. Privy Seal.
E. Sutherland.
E. Findlater.
E. Oxford.
E. Strafford.
E. Macclesfield.
Viscount Say & Seal.
Ld. Bp. Bath & Wells.
L. Bp. Oxon.
L. Bp. Hereford.
L. Bp. Chichester.
L. Bp. Bangor.
Ld. Delawarr.
L. Fitzwalter.
L. Wilmington.

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

Sir R. Burgoyne's Petition referred to Judges.

Upon reading the Petition of Sir Roger Burgoyne Baronet, an Infant, by John Burgoyne Esquire, his Uncle and next Friend; praying Leave to bring in a Bill, for settling the Impropriation of Hasling field, in the County of Cambridge, on the Vicar of that Parish and his Successors, according to the Will of Sir Thomas Wendry Knight of the Bath, deceased:

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

Causes put off.

The House being moved, "To adjourn to Tuesday next:"

It is Ordered, That the Cause appointed for Monday be put off to Wednesday next; and the other Causes on Cause-days removed in Course.

Adjourn.

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