House of Lords Journal Volume 23
February 1731, 21-28

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History of Parliament Trust

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Year published

1767-1830

Pages

618-626

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'House of Lords Journal Volume 23: February 1731, 21-28', Journal of the House of Lords volume 23: 1727-1731 (1767-1830), pp. 618-626. URL: http://www.british-history.ac.uk/report.aspx?compid=113969 Date accessed: 22 July 2014.


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February 1730, 21-28

DIE Lunæ, 22o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Bristol.
Epus. Cestriens.
Epus. Asaphens.
Epus. Bangor.
Epus. Landav.
Ds. King, Cancellarius.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Peterborow & Monmouth.
Comes Winchilsea & Nottingham.
Comes Thanet.
Comes Essex.
Comes Litchfield.
Comes Plimouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Godolphin.
Comes Cholmondeley.
Comes Morton.
Comes Buchan.
Comes Loudoun.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Aylesford.
Comes Sussex.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Malton.

PRAYERS.

Hodgson versus E. of Warrington, et è contra.

Counsel (according to Order) were called in, to be heard, upon the Original Appeal of William Hodgson Gentleman; complaining of a Decree of the Court of Chancery, made the Second Day of March last; and likewise upon the Cross Appeal of George Earl of Warrington, complaining of Part of the said Decree.

And the Counsel for the Original Appellant being heard accordingly:

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

Adjourn.

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

DIE Martis, 23o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Bath & Well.
Epus. Oxon.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Bristol.
Epus. Cestriens.
Epus. Asaphens.
Epus. Bangor.
Epus. Landav.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Devon.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Newcastle.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Berks.
Comes Peterborow & Monmouth.
Comes Winchilsea & Nottingham.
Comes Thanet.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Loudoun.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Strafford.
Comes Aylesford.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Raymond.

PRAYERS.

Frederick versus Peer Williams.

The Answer of William Peer Williams Esquire, to the Appeal of Thomas Frederick Esquire:

Furnese versus Howard.

As likewise, the Answer of the Honourable Charles Howard Esquire, to the Appeal of Henry Furnese Esquire;

Were brought in.

Hodgson versus E. of Warrington; et e contra:

After hearing Counsel, as well Yesterday as this Day, upon the Original Appeal of William Hodgson Gentleman; complaining of a Decree of the Court of Chancery, made the Second Day of March last, in certain Causes, wherein the Appellant was Plaintiff, and Thomas Warren and George Earl of Warrington were Defendants; and wherein Henry Booth Esquire was Plaintiff, and the Appellant and the said Thomas Warren were Defendants; which Causes, upon the Deaths of the said Henry Booth and Thomas Warren, were revived by the said Earl and the said Appellant; and praying, "That he may be relieved, and the said Decree rectified in the several Particulars complained of:" As also upon the Answer of the said Earl of Warrington put in to the said Appeal: And likewise upon the Cross Appeal of the said Earl, complaining of Part of the said Decree; and praying; "That this House will make such Order for his Relief as shall be just:" As also upon the Answer of the said William Hodgson put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in these Causes:

Judgement £ 200. Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Decree as relates to the Dismission of the Bill revived by the said Earl be, and the same is hereby, reversed; and that the Three Bonds entered into by the said Earl's late Brother, Mr. Booth, to Thomas Warren, and by him assigned to the Appellant Hodgson, be delivered up to the said Earl, to be canceled; and that a perpetual Injunction be awarded, to prevent any Proceedings at Law thereon: And it is hereby further Ordered and Adjudged, That so much of the said Decree as directs an Accompt to be taken by the Master of what was due on the said Bonds, to the Appellant Hodgson, be reversed; and that the Bill by him exhibited in the said Court be, and is hereby, dismissed with Costs, to be taxed by the Master: And it is hereby further Ordered, That the said William Hodgson do pay the said Earl of Warrington the Costs of the Suit wherein his Lordship was Plaintiff, and the said Hodgson Defendant, to be likewise taxed by the Master; and that he do also pay, or cause to be paid, to the said Earl, the Sum of Two Hundred Pounds for his Costs, in respect of bringing this vexatious Appeal; and that the Court of Chancery do cause this Judgement to be put in Execution.

Answers to be put in to Frederick's Appeal.

Notice being taken to the House, "That all the Respondents to the Appeal of Thomas Frederick Esquire had not put in their Answers:"

It was thereupon moved, "That an Inquiry be made, in relation to the Service of the Order for that Purpose."

And thereupon Mr. Collier, the Appellant's Agent, was called in; and examined, at the Bar, as to that Matter.

And being withdrawn:

It is Ordered, That he do procure an Answer of the Duke and Dutchess of Atholl to be put in within the Space of Three Weeks; and that Mr. Borret, One of the Respondents to the said Appeal, as also the Executrix of Sir Thomas Frederick, lately deceased, do put in their Answers in a Fortnight.

Tong & Wekett versus Robinson & al.:

The House being moved, "That Tuesday the Twentythird Day of March next may be appointed, for hearing the Cause wherein Edward Tong and William Wekett Clerks are Appellants, and Ralph Robinson Esquire, Edward Harle, and others, Creditors of John Tong, are Respondents:"

Hearing appointed on a Bye-day.

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

Enclosing Commons in Slaughter, Leave for a Bill.

Upon reading the Petition of Elizabeth Whitmore Widow, Lady of the Manor of Lower Slaughter, Chambers Staughter Esquire, Lord of the Manor of Upper Slaughter, in the County of Gloucester, and the Rectors and Land-owners there; praying Leave to bring in a Bill, for making Exchanges, Divisions, Allotments, and Enclosures, of several Commons, according to an Agreement between the Petitioners for that Purpose:

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

Enclosing Waste Lands in Epsom, Leave for a Bill.

Upon reading the Petition of John Parkhurst Esquire, Lord of the Manor of Ebbisham, in the County of Surrey; and of the Tenants who have a Right of Common within the said Manor; praying Leave to bring in a Bill, for putting in Execution an Agreement between the Petitioners, for enclosing Part of the Waste of the said Manor, towards the Maintenance of the Poor of the Parish of Ebbisham aforesaid, in such Manner as may best answer that End:

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

Adjourn.

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

DIE Mercurii, 24o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Bath & Well.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon.
Epus. Petriburg.
Epus. Cestriens.
Epus. Bangor.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Bolton.
Dux Devon.
Dux Montrose.
Dux Newcastle.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Thanet.
Comes Essex.
Comes Burlington.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Loudoun.
Comes Dunmore.
Comes Orkney.
Comes Starr.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Strafford.
Comes Dartmouth.
Comes Aylesford.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Cartcret.
Ds. Guilford.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Raymond.

PRAYERS.

Orders for Letters to absent Lords, Report of Precedents of.

The Lord Bingley reported from the Lords Committees appointed to search Precedents of Orders, directing the Lord Chancellor, Lord Keeper, or Speaker of this House, to write Letters to absent Lords, requiring their Attendance on the Service of the House: "That the Committee have met, and searched for Precedents accordingly; and find only the following Instances; (vidclicet,)

"30th April, 1678. The Lord Chancellor was desired to write to such absent Lords as have not His Majesty's Leave for their Absence, and have not their Proxies entered; that they forthwith appear, and attend the carrying on His Majesty's Service."

"31st October, 1678 (post Meridiem). The Lord Chancellor was directed to send Letters to the absent Lords, who have not their Proxies entered; requiring them forthwith to attend His Majesty's Service in the House."

"10th December, 1678. The Lord Chancellor was ordered to write Letters to all the Peers and Prelates, Members of this House, who have not taken the Oaths; to give their Attendance within certain Times limited, according to the Distance of their Abodes; or send Two Persons to avow, upon Oath, the Causes why they cannot attend."

"11th March, 1678. The Lord Chancellor to write the like Letters to all the Peers and Prelates who have not attended since the Beginning of this Parliament."

"9th April, 1679. The Lord Chancellor ordered to write Letters to every Peer now absent, and able to travel without Danger of Life, forthwith to come and attend the Service of the House, until the Trial of the impeached Lords in The Tower be over."

"15th November, 1680. The Lord Chancellor was ordered to write Letters to all the Peers and Prelates who have not attended since the Beginning of this Parliament, in the like Form as directed on the 10th of December, 1678."

"16th November, 1685. The Lord Chancellor was ordered to write Letters to the Lords that were absent upon the Call of the House, to come and attend His Majesty's Service in a Week after the Receipt of the Letters."

"25th January 1688, Upon calling the House, the Speaker was ordered to write Letters to the absent Lords, for whom no Excuse was made, to attend the public Service of the House."

"2d March following. After the Lords present had taken the Oaths, the Speaker was ordered to write Letters to the Lords in the Country; signifying, that their Attendance was required on a certain Day."

"24th May, 1689. Consideration ordered to be had, what Lords were absent upon the Call of the House; and the Clerk was directed to bring in a List of the absent Lords, who have no Proxies, or Leave to be absent."

"28th of the same Month. Consideration had accordingly; and the Speaker ordered to write Letters to such Lords as were not excused, to attend."

"28th October 1689. Upon calling the House, the Speaker was ordered to write Letters to the absent Lords, that were not excused; to attend within limited Times, according to the Distances of their Abodes."

"21st November, 1692. Upon calling the House, the Speaker was ordered to write Letters to the absent Lords, requiring their Attendance on the Fifth of December following; and the Letters to be sent by special Messengers."

"3d December, 1694. Upon calling the House, the Lord Keeper was ordered to write Letters to the absent Lords; requiring their Attendance on the 18th Instant."

"27th February, 1695. Upon calling over the House, and the Lords signing the Association, the Speaker was ordered to write Letters to the Lords in the Country, not excused; requiring their Attendance on the 17th of March next."

"14th November, 1696. Upon calling the House, the Lord Keeper was ordered to write Letters to the absent Lords; to attend on certain Days particularly mentioned."

"17th January, 1698. Upon calling the House, the Lord Chancellor was ordered to write Letters to the absent Lords, not excused; to attend forthwith."

"13th March following. The Lord Chancellor was ordered to write Letters to the absent Lords, to give them Notice of the Trial of the Earl of Warwick, and that the House expects their Presence at it."

"4th January, 1703. A Resolution was made, to take into Consideration a Matter of the highest Consequence, relating to the Privileges of the House, and the Constitution of the Government; and thereupon the Lord Keeper was ordered to write Letters to the absent Lords in the Country, enclosing the said Resolution; and to signify to them, that their Attendance was absolutely required."

"10th November, 1704. The House was ordered to be called over on the 23d Instant; and the Lord Keeper to write Letters to the absent Lords, requiring their Attendance at the said Call."

"12th November, 1705. The House was called; and the next Day Letters were ordered to be written to the absent Lords, to attend the Service of the House."

"29th January, 1706. Upon calling the House, the Lord Keeper was ordered to write Letters to the absent Lords; requiring their Attendance, on extraordinary Business of the greatest Importance."

"10th January, 1715. The Lord Chancellor was ordered to write Letters to all the Lords that have not been present either Yesterday or this Day; requiring their Attendance, on Occasion of the Proceedings against several Lords impeached of High Treason."

"10th May, 1717. The Lord Chancellor was ordered to write Letters to the absent Peers and Prelates; requiring their Attendance during the Trial of the Earl of Oxford."

"18th December, 1719. The Lord Chancellor was ordered to write Letters to the absent Lords; to acquaint them of the Call of the House on the 12th of next Month, when the Duke of Dover's Petition for a Writ of Summons is ordered to be considered."

"26th October, 1721. The Call of the House was appointed for the 9th of November; and the Lord Chancellor was ordered to write Letters to the absent Lords, to acquaint them that their Attendance was then expected."

"6th March, 1722. The House was ordered to be called on the 21st Instant; and the Lord Chancellor was ordered to write Letters to the absent Lords, that their Attendance was then required."

"27th April, 1725. The House was ordered to be called over on the 5th of May; and the Speaker was ordered to write Letters to the absent Peers and Prelates, to require their Attendance at that Time; and Notice to be given them of the Trial of the Earl of Macclesfield."

De Rons, longer Time to answer.

Upon reading the Petition of Charles Bicknell, Clerk in Chancery for John Martin de Ron and John de Ron, Respondents to the Appeal of Gerard Van Neck; praying, In regard the said Respondents live at Fransfort in Germany, and cannot have received Notice of the Appeal, that they may have a Month's Time to put in their Answer:"

And thereupon the Agents on both Sides were called in.

And the Agent for the Appellant consenting to the Prayer of the said Petition:

And being withdrawn:

It is Ordered, That the Respondents have a Month's Time, from this Day, for putting in their Answer to the said Appeal, as desired.

Herbert, Leave for a Bill to exemplify Lord Herbert's Will.

Upon reading the Petition of Henry Arthur Herbert Esquire; praying Leave to bring in a Bill, to exemplify in the Court of Chancery the Will of the late Lord Herbert of Cherbury, and the Proceedings and Depositions of the Witnesses taken in the said Court for proving the same; and, "That such Exemplification may be admitted in Evidence, on any Trial or Suit, in any of the Courts of Law or Equity in Great Britain or Ireland:"

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

Smith & al. Pet. referred to Judges.

Upon reading the Petition of Amy Smith Widow, Thomas Saunders and Henry Shove Yeomen, for and on the Behalf of Thomas Smith, an Infant; praying Leave to bring in a Bill, to empower the said Infant, with the Consent of the Petitioners, to mortgage a competent Part of an Estate devised to him by his Father, for discharging Debts and Incumbrances:

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.

V. Fauconberg & Ux. versus Fitz Gerald & al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Thomas Fowler Lord Viscount Fauconberg and Catherine Fowler Lady Viscountess Fauconberg his Wife are Appellants, and Richard Fitz Gerald Esquire and Rebecca his Wife, and others, are Respondents; complaining of a Decree of the Court of Chancery, of the Twelfth of June last.

And One of the Appellants Counsel being heard accordingly, and some Evidence on their Part read; 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 et in diem Jovis, vicesimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 25o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Lincoln.
Epus. Norwic.
Epus. Carliol.
Epus. Bristol.
Epus. Cestriens.
Epus. Landav.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Devon.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Thanet.
Comes Essex.
Comes Burlington.
Comes Litchfield.
Comes Plimouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Sutherland.
Comes Morton.
Comes Buchan.
Comes Loudoun.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Dartmouth.
Comes Aylesford.
Comes Halifax.
Comes Sussex.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Pomsret.
Comes Fitzwalter.
Comes Ashburnham.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Boyle.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.

PRAYERS.

V. Fauconbeig & Ux. versus Fitz Gerald & al.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Thomas Fowler Lord Viscount Fauconberg and Catherine Fowler Lady Viscountess Fauconberg his Wife are Appellants, and Richard Fitz Gerald Esquire and Rebecca his Wife, and others, are Respondents.

And the Remainder of the Appellants Evidence being read, and their Counsel heard:

As also One Counsel for the Respondents Mr. Fitz Gerald and his Wife:

They were all directed to withdraw.

And being withdrawn:

It is Ordered, That the further hearing the said Cause be adjourned till To-morrow; and that the Cause wherein John Isaac Esquire is Appellant, and Joseph Williamson and his Wife, and others, are Respondents, appointed for that Day, be put off till Monday next; and the other Causes on Cause-days removed in Course.

Pension Bill.

Whereas To-morrow is appointed, for the Second Reading of the Bill to disable Persons having Pensions from sitting in the House of Commons:

It is Ordered, That the Second Reading of the said Bill be put off till Tuesday next; and the Lords to be summoned.

Adjourn.

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

DIE Veneris, 26o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Bath & Well.
Epus. Oxon.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Cicestriens.
Epus. Exon.
Epus. Petriburg.
Epus. Cestriens.
Epus. Asaphens.
Epus. Bangor.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Devon.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Thanet.
Comes Sunderland.
Comes Essex.
Comes Burlington.
Comes Litchfield.
Comes Abingdon.
Comes Gainsborough.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Sunderland.
Comes Rothes.
Comes Buchan.
Comes Loudoun.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Dartmouth.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.

PRAYERS.

Viscount Fauconberg & Ux versus Fitz Gerald & al.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Thomas Fowler Lord Viscount Fauconberg and Catherine Fowler Lady Viscoun tess Fauconberg his Wife are Appellants, and Richard Fitz Gerald Esquire and Rebecca his Wife, and others; are Respondents.

And the Respondents Counsel having been fully heard;

And the Appellants Counsel having replied:

They were all directed to withdraw.

And being withdrawn:

It is Ordered, That the Judges do deliver their Opinion upon the following Question; (videlicet,)

"Whether the Deed of 1715 be a Revocation of the Deed of 1712; and, if so, whether the said Deed of 1715 be a total Revocation, or only a Revocation pro tanto?"

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

Adjourn.

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

DIE Sabbati, 27o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Bath & Well.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Litch & Cov.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Epus. Asaphens.
Epus. Bangor.
Epus. Landav.
Ds. King, Cancellarius.
Ds. Wilmington, Præses.
Dux Bolton.
Dux Bedford.
Dux Devon.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Thanet.
Comes Essex.
Comes Burlington.
Comes Litchfield.
Comes Abingdon.
Comes Plimouth.
Comes Scarbrough.
Comes Warrington.
Comes Albemarle.
Comes Coventry.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Loudoun.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Dartmouth.
Comes Tankerville.
Comes Aylesford.
Comes Sussex.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Tadcaster.
Viscount Cobham.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Raymond.

PRAYERS.

Bishop of Litch, & Cov. takes the Oaths.

This Day Richard Lord Bishop of Litchfield and Coventry took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Viscount Fauconberg & Ux: versus Fitz Gerald & al.:

After hearing Counsel, as well on Wednesday and Thursday last as Yesterday, upon the Petition and Appeal of Thomas Fowler Lord Viscount Fauconberg and Catherine Fowler Lady Viscountess Fauconberg his Wife; complaining of a Decree of the Court of Chancery, of the Twelfth of June last, made in a Cause wherein Richard Fitzgerald Esquire and Rebecca his Wife were Plaintiffs, and the Appellants and others were Defendants; and praying, " That the said Decree, and all subsequent Proceedings thereon, may be reversed, and the Plaintiffs Bill as against them dismissed, with Costs:" As also upon the Answers of the said Richard Fitz Gerald and his Wife, and Walter Lord Aston, and Charles Fowler Esquire, put in to the said Appeal:

And the Judges present having delivered their Opinions seriatim on the Question agreed Yesterday to be put to them; and due Consideration and Debate had of what was offered on either Side in this Cause:

Decree and Proceedings 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 Decree and Proceedings therein complained of be, and the same are hereby, affirmed.

Causes put off.

Whereas Monday next is appointed, for hearing the Cause wherein John Isaac Esquire is Appellant, and Joseph Williamson and his Wife and others are Respondents:

It is Ordered, That the hearing the said Cause be adjourned till Friday next; and the other Causes on Cause-days removed in Course.

Gerard's Petition referred to Judges.

Upon reading the Petition of Peter Gerard Gentleman and Grace his Wife, and of Frances, Elizabeth, Mary, Jane, Nathaniel, Grace, and Mercy Gerard, Children of the said Peter Gerard; praying Leave to bring in a Bill, to enable a Sale of the Priory, and certain Lands and Tenements, in Hinckley, in the County of Leicester, for the immediate Preferment of the said Children:

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.

Mrs. Halsey & al. Petition referred to Judges.

Upon reading the Petition of Anne Halsey, Widow of Edmund Halsey Esquire, deceased, Richard Lord Viscount Cobham and Anne Viscountess Cobham his Wife, George Clarges Esquire, and Thomas Dolben Clerk, Vicar of Stoke Poges, in the County of Bucks; praying Leave to bring in a Bill, for confirming and establishing certain Agreements for exchanging Lands:

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.

Aislabie's Petition referred to Judges.

Upon reading the Petition of John Aislabie Esquire; praying Leave to bring in a Bill, to enable an Exchange of certain Leasehold Premises, belonging to the Archbishop of York, for certain Freehold Premises belonging to the Petitioner:

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.

Lord Hobart's Petition referred to Judges.

Upon reading the Petition of John Lord Hobart; praying Leave to bring in a Bill, to make Leases of the Barton of Beere, in the County of Devon:

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 William Stanhope's Petition referred to Judges.

Upon reading the Petition of Sir William Stanhope Knight of the Bath; praying Leave to bring in a Bill, to sell Woods and Woodlands, and other Lands, in Hitchenden, in the County of Bucks; and for settling other Lands, of equal or 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.

Sir Francis Henry Drake's Petition referred to Judges.

Upon reading the Petition of Sir Francis Henry Drake Baronet; praying Leave to bring in a Bill, for leasing out certain Premises, in the County of Devon, for Lives or Years, upon taking Fines, and receiving proportionable Rents, according to the Custom of the Country:

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.

Lands in Biscathorpe, Leave for a Bill to enclose.

Upon reading the Petition of John Green of Biscathorpe in the County of Lincoln Gentleman; praying Leave to bring in a Bill, for enclosing certain Lands, in the Manor of Biscathorpe aforesaid:

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

L. Bathurst's Privileges Green, Mason, Kingston, and Hall, to be brought to the Bar, for making Distress on his Tenants.

A Petition of Edward Green Junior, Gentleman, Henry Mason and Thomas Kingston Bailiffs, and Richard Hall, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege against the Lord Bathurst, was presented, and read; acknowledging their great Concern in falling under the Displeasure of this House, begging Pardon for their Offences, and praying to be discharged out of Custody.

It is Ordered, That the Petitioners be brought to the Bar on Tuesday next, in order to their being discharged, paying their Fees.

Bulkley and Dr. Ingles, Petition for a Bill, referred to a Committee.

Upon reading the Petition of Charles Bulkley Esquire, (on Behalf of himself and his Creditors), and of John Inglis Doctor in Physic; praying Leave to bring in a Bill, for vesting certain mortgaged Premises, in the County of Southampton, in the said Dr. Inglis, in Trust, on Payment of the Mortgage-money, Interest, and Costs, due thereon, to convey the same to the Petitioner Mr. Bulkley; which cannot be done, as is alledged, but by Act of Parliament; one Alexander Herriot, who has the legal Estate descended to him, residing altogether in Scotland, and refuses to assign over the same mortgaged Premises:

The Lords following were appointed a Committee, to consider of the said Petition, and report what they shall think proper thereupon to the House; (videlicet,)

L. President.
D. Montrose.
D. Kent.
D. Dorset.
Marq. Tweeddale.
E. Northampton.
E. Winchilsea & Nott.
E. Essex.
E. Abingdon.
E. Plimouth.
E. Scarbrough.
E. Warrington.
E. Coventry.
E. Rothes.
E. Loudoun.
E. Dunmore.
E. Orkney.
E. Marchmont.
E. Ilay.
E. Oxford.
E. Ferrers.
E. Dartmouth.
E. Aylesford.
E. Macclesfield.
E. Pomfret.
V. Tadcaster.
V. Cobham.
L. B. London.
L. B. Durham.
L. B. Winton.
L. B. Gloucester.
L. B. Carlisle.
L. B. Bristol.
L. B. Chester.
L. B. Bangor.
L. Abergavenny.
L. Delawarr.
L. Willoughby Br.
L. Hunsdon.
L. Bruce.
L. Carteret.
L. Gower.
L. Masham.
L. Foley.
L. Bathurst.
L. Bingley.
L. Onslow.
L. Cadogan.
L. Hobart.
L. Monson.
L. Malton.
L. Raymond.

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

Queeneborough Common Fields, Leave for a Bill to enclose.

Upon reading the Petition of the Lord of the Manor of Queeneborough, in the County of Leicester, and of the Freeholders and other Persons having Lands and Right of Common in and on the Common Fields and Commonable Land of and in Queeneborough aforesaid; praying Leave to bring in a Bill, to enclose Common Fields in the said Manor:

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

Standen & al. Petition referred to Judges.

Upon reading the Petition of Eleanor Standen, Widow and Relict of Edward Standen, late of Arborfield, in the County of Berks, Esquire, deceased, and Richard Nevill Aldworth Gentleman, an Infant under the Age of Fourteen Years, Son of Richard Aldworth Esquire, by his said Father, his Guardian; praying Leave to bring in a Bill, for Sale of an Estate of the said Edward Standen, in the said County of Berks, to pay Debts and Legacies:

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.

Lambes Petition referred to Judges.

Upon reading the Petition of John Lambe Esquire, and Lacon Lambe his Brother; praying Leave to bring in a Bill, that certain Debts and Incumbrances may be secured upon, and paid out of, an Estate in Herefordshire, voluntarily settled by the Petitioners Father and Grandfather:

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.

Putts Petition referred to Judges.

Upon reading the Petition of Reymundo Putt and Anne his Wife, on Behalf of themselves, and Thomas, William, and Reymundo, their Sons, and Anna, Maria, and Emelia, their Daughters, Infants, and of Edward Putt; praying Leave to bring in a Bill, to enable the said Reymundo Putt, and such Persons as shall be in Possession of the Estate, in the County of Devon, devised by the Will of Sir Thomas Putt Baronet, deceased, to Trustees, for Payment of his Debts and Legacies, to make Leases of that Estate, in such Manner as to the House shall seem meet:

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.

Holland's Petition referred to Judges.

Upon reading the Petition of Isabella Diana Holland and Charlotte Holland Spinsters, (the Two Sisters and Co-heirs of Sir William Holland, late of Quidenham, in the County of Norfolk, Baronet, deceased,) Dame Mary Holland, Widow and Relict of the said Sir William Holland, and Elizabeth Herne Widow, and Mary Stroud Spinster; praying Leave to bring in a Bill, to enable the said Charlotte Holland, the said Isabella's Sister, to join in the Sale of certain Premises in Quidenham aforesaid, for discharging several Mortgages; and for other Purposes in the Petition mentioned; the said Charlotte being under Age:

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.

Thomas Fitz Gerald peremptorily to answer Edward Fitz Gerald's Appeal.

The House was informed, "That Thomas Fitz Gerald Gentleman, who, by Order of the Two and Twentieth of January last, was required to put in his Answer to the Appeal of Edward Fitz Gerald Esquire on or before the Twenty-sixth Instant, has neglected so to do, though duly served with the said Order for that Purpose."

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

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

Adjourn

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, secundum Diem Martii, jam prox. sequent. hora decima Auroræ, Dominis sic decernentibus.

Hitherto examined by us,
Bridgewater.
Shaftesbury.
Abingdon.
N. St. David's.