February 1732, 21-29
DIE Lunæ, 21o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffen.
Epus. Norwic.
Epus. Carliol.
Epus. Lich. & Cov.
Epus. Petriburg.
Epus. Cestriens.
Epus. Asaphens.
Epus. Menevens. |
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Newcastle.
Dux Manchester.
March. Tweeddale.
March. Lothian.
Comes Suffolk.
Comes Exeter.
Comes Northampton.
Comes Warwick.
Comes Shaftesbury.
Comes Abington.
Comes Scarbrough.
Comes Coventry.
Comes Craufurd.
Comes Morton.
Comes Marchmont.
Comes Stair.
Comes Bristol.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Carteret.
Ds. Weston.
Ds. Masham.
Ds. Bathurst.
Ds. Hobart. |
PRAYERS.
Lloyd et al. Petition referred to Judges.
Upon reading the Petition of Charles Lloyd Junior
and Jane his Wife, Charles Lloyd Senior and Sarah his
Wife, John England and Sarah his Wife, Mary Lloyd
Spinster, John and Edward Powys, Gabriel Smith, and
David Endon; praying Leave to bring in a Bill, for
Sale of Lands in the County of Montgomery, for paying
a certain Sum of Money in the Petition mentioned; and
for laying out the Surplus arising by such Sale, as therein
is expressed:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Justice Probyn; with the usual Directions, according to the Standing Orders.
Coussmaker's Nat. Bill:
The Lord Viscount Falmouth reported from the Lords
Committees to whom the Bill, intituled, "An Act to
naturalize Agnes Coussmaker," was committed: "That
they had gone through the said Bill, and directed him
to report the same to the House, without any Amendment."
Malt Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties upon Malt,
Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty
certain Duties upon Malt, Mum, Cyder, and Perry,
in that Part of Great Britain called Scotland, for the
Service of the Year One Thousand Seven Hundred
and Thirty-two."
And, after some Time spent therein, the House was
resumed.
And the Lord Viscount Falmouth reported from the
said Committee, "That they had gone through the
said Bill, and directed him to report the same to the
House, without any Amendment."
E. of Abingdon et al leave for a Bill:
After reading, and considering, the Report of the
Judges to whom the Petition of Mountague Earl of
Abingdon, James Bertic and Willoughby Bertic Esquires,
was referred; praying Leave to bring in a Bill, for the
Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act
for vesting several Manors and Hereditaments, the
Estate of Mountague Earl of Abingdon, in the Counties of Wilts, Oxon, Bucks, and Berks, in Trustees,
to be sold, for raising Money, to discharge Debts and
Incumbrances."
Sir J. Rudd, Leave for a Bill to dissolve his Marriage.
Upon reading the Petition of Sir John Rudd Baronet;
praying Leave to bring in a Bill, to dissolve his Marriage
with Lettice Vaughan, and to enable him to marry again;
and to illegitimate any Child or Children which shall be
born of the said Lettice, or which may have been born
since her living separately from the Petitioner:
It is Ordered, That Leave be given to bring in a
Bill, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
vicesimum secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 22o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffen.
Epus. Cestriens.
Epus. Gloucestr.
Epus. Asaphens.
Epus. Menevens. |
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Suffolk.
Comes Exeter.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Aylesford.
Comes Bristol.
Comes Fitzwalter.
Comes Effingham.
Viscount Say & Seale.
Viscount Hatton.
Viscount Tadcaster.
Viscount Falmouth. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Maynard.
Ds. Cornwallis.
Ds. Carteret.
Ds. Guilford.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Masham.
Ds. Bathurst.
Ds. Ducie.
Ds. Hobart.
Ds. Monson. |
PRAYERS.
E. Abingdon's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
vesting several Manors and Hereditaments, the Estate
of Mountague Earl of Abingdon, in the Counties of
Wilts, Oxon, Bucks, and Berks, in Trustees, to be
sold, for raising Money, to discharge Debts and Incumbrances."
Ordered, That the said Bill be committed to
the Consideration of the Lords following; (videlicet,)
|
Ld. President.
D. Kent.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Litchfield.
E. Abingdon.
E. Ilay.
E. Aylesford.
E. Bristol.
Viscount Hatton.
Viscount Tadcaster.
Viscount Falmouth. |
Ld. Bp. Rochester.
L. Bp. Chester.
L. Bp. Gloucester.
L. Bp. St. Asaph.
L. Bp. St. David's. |
Ld. Delawarr.
L. Hunsdon.
L. Carteret.
L. Gower.
L. Boyle.
L. Masham.
L. Bathurst.
L. Hobart. |
Their Lordships, or any Five of them; to meet
on Wednesday the Eighth Day of March next, at
Ten a Clock in the Forenoon, in the Prince's
Lodgings near the House of Peers; and to adjourn as they please.
Process in Courts of Equity, to make effectual, Bill.
The Judges (pursuant to the Order of the 11th
Instant) brought in a Bill, prepared by them, intituled,
"An Act for making Process in Courts of Equity effectual, against Persons who abscond, and cannot be
served therewith, or who refuse to appear."
And the same was read the First Time.
Burrough against Sir F Whichcote and Harding.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein William
Burrough Clerk is Appellant, and Sir Francis Whichcote Baronet and John Harding Esquire are Respondents:"
It is Ordered, That this House will hear the
said Cause, by Counsel, at the Bar, on the First vacant
Day for Causes after those already appointed.
Seymour against Whinyates:
Whereas, by virtue of His Majesty's Writ of Error,
returnable into the House of Lords in Parliament assembled, a Record of the Court of King's Bench was
brought into this House, the Eleventh Day of this Instant
February, with the Transcript thereof, wherein Judgement is entered for Charles Whinyates Esquire, against
Edward Seymour Esquire; which said Edward Seymour
hath not prosecuted his said Writ, by assigning Errors
within Eight Days next following the bringing in of the
said Writ and Record (according to the Rules of this
High Court); but hath rather brought the said Writ of
Error for Delay of Justice, and Execution upon the said
Judgement:
Writ of Error remitted, with Costs.
It is this Day Ordered, by the Lords Spiritual and
Temporal in Parliament assembled, upon the Petition
of the Defendant in Error, complaining of the Delay
and Vexation given him by bringing the said Writ of
Error, That the said Transcript of the said Record,
wherein Judgement is entered for the said Charles Whinyates against the said Edward Seymour as aforesaid, be
remitted; and that the said Charles Whinyates may proceed thereupon, as if no such Writ of Error had been
brought into this House: And it is hereby further Ordered, That the said Plaintiff in Error do pay, or
cause to be paid, to the said Defendant in Error, the
Sum of Thirty Pounds, for his Costs on account of the
said Delay and Vexation.
The Tenor of which Judgement, to be affixed to
the Transcript of the Record to be remitted,
follows:
"Posteaque, scilicet, Die Martis, Vicesimo Secundo
Die Februarii, Anno Regni dicti Domini Regis nunc
Quinto, coram dicto Domino Rege & Proceribus hujus Regni, in hoc præsenti Parliamento apud Westm.
assemblat. ven. præd. Carolus Whinyates in propria
Persona sua, & præd. Ed'r'us Seymour licet solempniter
exact. non ven. sed Defalt. fecit, nec est Breve
suum de Error. corrigend. ulterius prosecut. Ideo
cons. est per eandem Cur. Parliamenti præd. quod
præd. Ed'r'us Seymour nil capiat per Breve suum
præd. & sit in Misericordia, eo quod ipse præd. Breve
suum de Error. corrigend. non est prosecut.; & quod
præd. Carolus Whinyates eat inde sine Die: Cons. est
etiam per eandem Cur. Parliamenti præd. nunc hic,
quod præd. Carol. Whinyates recuperet versus præfat.
Ed'r'um Seymour Trigint. Libr. adjudicat. pro Mis.
& Custag. præd. Carol. quæ habuit Occasione Dilationis Executionis Judic. præd. Prætextu Prosecutionis dicti Brevis de Error.; ac superinde Record. &
Process. præd. è Cur. Parliamenti præd. in Cur.
Domini Regis, coram ispso Rege, ubicunque &c.
remittantur, ad Execution. superinde fiend. &c."
Contracts for Salt, by Commissioners for Victualing, delivered.
The House being informed, "That some of the
Commissioners for victualing His Majesty's Navy attended:"
They were called in; and delivered, at the Bar, pursuant to their Lordships Address to His Majesty on
Thursday last,
"An Accompt of the several Contracts, made by the
said Commissioners of Victualing, for Salt, and the
respective Prices paid for the same, during Three
Years, to Christmas last; distinguishing each Year."
And then they withdrew.
And the Title of the said Accompt was read, by the
Clerk.
Wynne and his Wife against Sir G. Wynne.
The House being moved, "That Friday the Tenth
Day of March next may be appointed, for hearing
the Cause wherein John Wynne and Katharine his Wife
are Appellants, and Sir George Wynne Baronet is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the said Tenth
Day of March next, as desired.
Malt Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
continuing the Duties upon Malt, Mum, Cyder, and
Perry, in that Part of Great Britain called England;
and for granting to His Majesty certain Duties upon
Malt, Mum, Cyder, and Perry, in that Part of Great
Britain called Scotland, for the Service of the Year
One Thousand Seven Hundred and Thirty-two."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Cowssmaker's Nat. Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to
naturalize Agnes Coussmaker."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it and the preceding Bill.
And Messages were severally sent to the House of
Commons, by Mr. Kynaston and Mr. Thurston:
To acquaint them, that the Lords have agreed to the
Two last mentioned Bills, without any Amendment.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis,
vicesimum quartum diem instantis Februarii, hora undecima Auror. Dominis sic decernentibus.
DIE Jovis, 24o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Winton.
Epus. Roffen.
Epus. Carliol.
Epus. Lich. & Cov.
Epus. Cestriens.
Epus. Landav.
Epus. Asaphens.
Epus. Menevens. |
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Suffolk.
Comes Exeter.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Pomfret.
Comes Fitzwalter.
Comes Effingham.
Viscount Say & Scale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Masham.
Ds. Bathurst.
Ds. Onslow.
Ds. Hobart.
Ds. Monson. |
PRAYERS.
Norton against Heron and Kyffin.
Upon reading the Petition of Elizabeth Heron Widow, One of the Respondents to the Appeal of Ralph
Norton; praying, "That a Day may be appointed,
for hearing the said Cause:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the First vacant Day
for Causes after those already appointed.
Boucher, Leave for a Bill, to enclose Burton Common.
Upon reading the Petition of Thomas Boucher Esquire,
Lord of the Manor of Lea and Cleverton, in the County of Wilts, and others; praying Leave to bring in a
Bill, for dividing and enclosing a Common Pasture
Ground, lying in the said Manor, by Commissioners for
that Purpose to be appointed:
It is Ordered, That Leave be given to bring in a
Bill, as desired.
Congreve & al. Petition referred to Judges.
Upon reading the Petition of Abigail Congreve, Widow and Relict of John Congreve the Elder, late of Stretton, in the County of Stafford, Esquire, deceased, John
Congreve the Younger, his Eldest Son and Heir, William,
Francis, Charles, Ralph, Richard, Anne, and Catherine
Congreve, the Younger Children of the said John Congreve the Elder and Abigail his Wife, the said Ralph,
Richard, and Catherine Congreve, being Infants under
the Age of Twenty-one Years, by the said Abigail Congreve their Mother and Guardian; praying Leave to
bring in a Bill, for Sale of several Parcels of Land, in
the said County of Stafford, for Payment of Debts, and
other Purposes:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.
Sir R. Furnese and Mr. Edgecumbe's Petition referred to Judges.
Upon reading the Petition of Sir Robert Furnese Baronet and Richard Edgecumbe Esquire, in Behalf of
himself and Richard Edgecumbe his Eldest Son, and
George Edgecumbe his Younger Son, both Infants; praying Leave to bring in a Bill, to authorize and empower
the said Sir Robert Furnese to deliver, transfer, and pay,
certain South Sea Bonds, Stock, and Money, the Produce of the Long Annuities subscribed into the South
Sea Company, unto the Petitioner Richard Edgecumbe,
for his own Use and Benefit, upon the said Richard
Edgecumbe's executing an effectual Settlement of a Freehold Estate, in the County of Southampton and Isle of
Wight, to the Satisfaction of the said Sir Robert Furnese,
upon the same Trusts, and to the same Uses, to which
the said Annuities are made subject by a certain Indenture in the Petition mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.
Devereux against Phelan.
A Petition of James Devereux Esquire, Son and Heir
of Robert Devereux, of the County of Wexford, in the
Kingdom of Ireland, Esquire, who is Appellant in a
Cause wherein Richard Phelan is Respondent, on the
Part and Behalf of his Father, was presented, and read;
praying, "In regard the Appellant's Papers are not
yet brought from Ireland, that a further Day may
be allowed for hearing this Cause."
And thereupon the Agents on both Sides were called
in, and heard at the Bar.
And being withdrawn:
It is Ordered, That, upon the Petitioner's paying
to the said Respondent the Sum of Twenty Pounds, as
offered in his Petition, the Hearing of the said Cause
be put off to Friday the Twenty-fourth Day of March
next.
Messages from H. C. with a Bill; and to return Malan's Nat. Bill.
A Message was brought from the House of Commons,
by Mr. John Hamilton and others:
To return the Bill, intituled, "An Act to naturalize
Thomas Malan and Joseph Malan;" and to acquaint
this House, that they have agreed to their Lordships
Amendments made thereto.
Mutiny and Desertion, Bill:
A Message was brought from the House of Commons,
by Sir William Strickland Secretary at War and others:
With a Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of
the Army and their Quarters;" to which they desire
the Concurrence of this House.
The said Bill was read the First Time.
Proposed, "That the same be read a 2d Time on
Tuesday next."
After Debate;
Moved, "That the said Bill be not read a 2d
Time."
After further Debate;
The Question was put, "Whether this Bill shall
be read a Second Time?"
It was Resolved in the Affirmative.
Protest against its being read a Second Time.
"Dissentient.
"Because we conceive, that no Countenance ought
to be given to any Act that may possibly lessen the
Affections of the People to the King, they being His
surest Guard; and we apprehend that the keeping
up, in Time of Peace, a greater Number of Forces
than can be well governed by the established Laws,
is inconsistent with the Notion of the Government of
a free People.
"Abingdon.
Strafford.
Bristol.
Litchfield.
Exeter."
Ordered, That the said Bill be read a Second
Time on Tuesday next; and the Lords to be summoned.
Motion for L. Chancellor to write to absent Lords.
Then it being moved, "To order, that the Lord
Chancellor do write Letters to all the absent Lords,
requiring their Attendance on the Service of this
House."
The same was objected to.
After Debate;
The Question was put thereupon.
And it was Resolved in the Negative.
Address for Articles of War, &c.
Ordered, That an humble Address be presented to
His Majesty, "That He will be graciously pleased to
cause the proper Officer to lay before this House,
the Articles of War intended to be established for the
Year ensuing.
"Also, a List of the Promotion of the Officers in
the Army, since the 25th of March last; distinguishing such of the said Officers as were in His Majesty's
Service, or in Half-pay, before the said 25th of
March."
Ordered, That the said Address be presented to
His Majesty by the Lords with White Staves.
Mr. Kynaston's Petition to His Majesty for the Barony of Powys; and Reference from the King.
The Lord Harrington (by His Majesty's Command)
presented to the House, a Petition of John Kynaston
Esquire, lineal Heir of Edward Kynaston, of Hordley, in
the County of Salop, next Cousin in Blood and Heir of
Edward the last Lord Grey of Powys; together with His
Majesty's Reference thereupon to this House, and the
Report of His Majesty's Attorney General.
Which Petition and Reference were read by the
Clerk, and are as follow:
"To the King's Most Excellent Majesty.
"The humble Petition of John Kynaston Esquire,
lineal Heir of Edward Kynaston, of Hordley,
in the County of Salop, next Cousin in Blood
and Heir of Edward the last Lord Grey of
Powys;
"Sheweth,
"That Sir John Charleton, Your Petitioner's Ancestor, in the Seventh Year of the Reign of Edward
the IId, was summoned to Parliament, as a Baron of
that Part of Great Britain called England, by a Writ,
directed, "Johanni de Charleton Chevalier;" and was
likewise summoned to all other Parliaments during
the Reign of the said King, and of His Successor King
Edward the IIId, till his Death; and from him the
said Barony, in Fee, descended to his Heirs in Succession; (that is to say,) to Sir John Charleton his Son
and Heir, who had likewise Summons to Parliament
by the Name of John de Cherleton de Powys; and,
after his Decease, to his Two only Sons John and
Edward successively, who had Summons to Parliament till their respective Deaths; which Edward,
dying without Issue Male, left Two only Daughters,
Johanne and Joyce, whereby the said Barony came
in Suspence: And the Crown did afterwards, in virtue of its known Prerogative, reduce it to a Certainty, by granting a Summons, by the ancient Title,
to the Descendants of Johanne the Eldest Daughter,
Wife of Sir John Grey Knight, Earl of Tankerville,
who had Issue Henry his Son and Heir; which Henry had Issue One Son only, (videlicet,) Richard, and
One only Daughter, (videlicet,) Elizabeth, who married to Sir Roger Kynaston, of Hordley aforesaid,
Knight: The said Richard, dying the Sixth of Edward the Fourth, left no lawful Issue, save John Lord
Grey of Powes; which John, dying in the Tenth of
Henry the Seventh, left Issue only John his Son and
Heir; which John, dying in the Nineteenth of Henry
the Eighth, left Issue only Edward his Son and Heir,
the last Lord of Powes; who dying the Fifth of Edward the Sixth, without Issue lawfully begotten, the
Right to the said Barony descended to Edward Kynaston of Hordley aforesaid, Grandson and Heir to
the said Elizabeth, Sister of Richard Lord Grey of
Powes aforesaid; and from the said Edward the said
Right descended to Roger his Son and Heir; which
Roger had Issue Edward his Son and Heir; which
Edward had Issue another Roger his Son and Heir;
which last Roger has Issue another Edward his Son
and Heir; to which Edward Your Petitioner is Son
and Heir.
"Your Petitioner, therefore, being sole Heir to
the aforesaid Barony of Powes, most humbly
prays Your Majesty would be graciously
pleased to declare, allow, and confirm, the
aforesaid Barony of Powes to him the said
John Kynaston, with all such Rights and Privileges as have been usually granted to
others, in the like Cases, by Your Majesty's
Predecessors; and that Your Majesty will order a Writ to be issued, to summon Your Petitioner to this present Parliament, by the
Title of his said Ancestors.
"And Your Petitioner shall ever pray,
J. Kynaston."
"Whitehall, 24th February, 1731/2.
"His Majesty, being moved upon this Petition, is
graciously pleased to refer the same (together with
the Report thereunto annexed) to the Right Honourable the House of Peers; to examine the Allegations thereof, as to what relates to the Petitioner's
Title therein mentioned; and to inform His Majesty
how the same shall appear to their Lordships.
"Harrington."
Ordered, That the further Consideration of the
said Petition be adjourned till To-morrow; and that the
Clerk do, in the mean Time, search Precedents of Matters of the like Nature.
Horton and Buswell's Petition referred to Judges.
Upon reading the Petition of Christopher Horton
Esquire and Frances his Wife, an Infant under the Age
of Twenty-one Years, George Buswell Gentleman, and
Wingfield Buswell Clerk; praying Leave to bring in a
Bill, for vesting certain Lands and Estates, in the Counties of Stafford, Leicester, Rutland, and North'ton, late
the Estate of Sir Eusebius Buswell Baronet, deceased,
in Trustees, to be sold, for the Payment of his
Debts:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.
Papers relating to the Duties on Salt delivered.
The House being informed, "That some of the
Commissioners of the Salt Duties attended:"
They were called in; and delivered, at the Bar, several Papers, pursuant to their Lordships Address to
His Majesty on this Day was Sevennight.
And then they withdrew.
And the Titles thereof were read, by the Clerk, as
follow:
"An Accompt of the Gross and Net Produce of the
Duties on Home-made Salt, and on Salt imported,
for Seven Years, ending at Lady-day 1730; distinguishing each Year."
"An Accompt of what Bonds, given for the Duties
on Salt, are now standing out, and the Value of
each Bond; together with the Dates thereof, and
the Names of the Persons who entered into the
same."
"An Accompt of all Salt shipped for Exportation,
on Vessels which did not sail till after the 25th of
December 1730; with the Times of shipping such
Salt on Board such Vessels, the Quantity of Salt
shipped, and for what Place entered; and whether
the Duty was paid in Money, or secured by Bonds."
Ordered, That the said Accompts do lie on the
Table.
Hall's Petition referred to Judges. (fn. 1)
Upon reading the Petition of Mary Hall Widow,
Mother and Guardian of Thomas Hall; praying Leave
to bring in a Bill, for Sale of certain Estates, in the
County of Durham, in order to perform the Trusts
mentioned in the Will of the Petitioner's Mother:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.
Ly. Gerard's Petition referred to Judges.
Upon reading the Petition of Dame Elizabeth Gerard, Wife of Sir William Gerard Baronet, a Lunatic,
and Committee of his Person; praying Leave to bring
in a Bill, to enable a Sale or Mortgage of the Estates
of the said Sir William, to satisfy the Debts and Incumbrances affecting his Person and Estate:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.
Process in Courts of Equity, to make effectual, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
making Process in Courts of Equity effectual, against
Persons who abscond, and cannot be served therewith, or who refuse to appear."
Ordered, That the said Bill be committed to a
Committee of the whole House, on this Day Sevennight.
Sir F. Hen. Drake, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom the Petition of Sir Francis Henry Drake
Baronet was referred; praying Leave to bring in a Bill,
for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for
advancing and applying Four Thousand Pounds,
Part of the Portion of Dame Anne Drake, Wife of
Sir Francis Henry Drake Baronet; and for leasing out
certain Lands and Hereditaments, in the County of
Devon, for Lives, according to the Custom of the
Country."
Respondents to the D. of Argyll's Appeal, to answer peremptorily.
The House was informed, "That John Earl of
Breadalban and others, who, by Order of the 18th
of March last, were required to put in their Answer
or respective Answers to the Appeal of John Duke
of Argyll and Greenwich on or before the 15th of
April following, have neglected so to do, though
duly served with the said Order for that Purpose."
And thereupon an Affidavit, made by Renald Dunbar Writer to the Signet, of the said Service, being
read:
It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers
to the said Appeal in a Week.
Respondents to Visc. Stormont's Appeal, to answer peremptorily.
The House was likewise informed, "That John Henderson and others, who, by Order of the 21st of January last, were required to put in their Answer or
respective Answers to the revived Appeal of David
Viscount of Stormont on or before the 18th Day of this
Instant February, have neglected so to do, though
duly served with the said Order for that Purpose."
And thereupon Two Affidavits, made by William
Low and Andrew Pitcairn, of the said Service, being
read:
It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers
to the said Appeal in a Week.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris,
vicesimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 25o Februarii.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Fredericus Princeps Walliæ.
|
Epus. Roffen.
Epus. Norwic.
Epus. Lich. & Cov.
Epus. Cestriens.
Epus. Bangor.
Epus. Landav.
Epus. Asaphens.
Epus. Menevens. |
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Rutland.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Suffolk.
Comes Exeter.
Comes Leicester.
Comes Northampton.
Comes Westmorland.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Halifax.
Comes Pomfret.
Comes Fitzwalter.
Comes Ashburnham.
Comes Effingham.
Viscount Say & Seale.
Viscount Hatton.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Lovelace.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Guilford.
Ds. Haversham.
Ds. Gower.
Ds. Masham.
Ds. Foley.
Ds. Onslow.
Ds. Ducie.
Ds. Hobart.
Ds. Malton. |
PRAYERS.
Stafford against Crofts & al.
The Answer of Major General James Crofts Esquire
and others, to the Appeal of Arthur Stafford and his
Wife, was brought in.
Mills, Petition referred to Judges.
Upon reading the Petition of Mary, Margaret, Barbara, and Frances Mill, Spinsters, Daughters and Coheirs of William Mill Esquire, deceased, by Barbara his
Wife, also deceased; praying Leave to bring in a Bill,
to enable Two of the Petitioners, who are under Age,
to sell their Shares in the Estate in Sussex, in the Petition mentioned, notwithstanding their Minority; or to
join with their Sisters in disposing of the Whole, for the
Purposes therein expressed:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.
Representation of Commissioners for Trade, to prevent running of Wool.
The Earl of Westmorland (pursuant to their Lordships
Address to His Majesty of the 6th of May last) presented to the House,
"The Representation of the Commissioners for Trade
and Plantations, upon the proper Methods for preventing the running of Wool from England and Ireland."
And the Title thereof was read, by the Clerk.
Sir E. Hen. Drake's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
advancing and applying Four Thousand Pounds, Part
of the Portion of Dame Anne Drake, Wife of Sir Francis Henry Drake Baronet; and for leasing out certain
Lands and Hereditaments, in the County of Devon,
for Lives, according to the Custom of the Country."
Ordered That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ld. President.
D. Rutland.
D. Kent.
D. Bridgewater.
M. Tweeddale.
E. Northampton.
E. Westmorland.
E. Shaftesbury.
E. Litchfield.
E. Scarbrough.
E. Coventry.
E. Rothes.
E. Marchmont.
E. Ilay.
E. Strafford.
E. Fitzwalter.
E. Effingham.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth. |
L. Bp. Rochester.
L. Bp. Chester.
L. Bp. Bangor.
L. Bp. Landaff.
L. Bp. St. David's. |
Ld. Clinton.
L. Willoughby Br.
L. Cornwallis.
L. Lynne.
L. Craven.
L. Carteret.
L. Guilford.
L. Haversham.
L. Gower.
L. Foley.
L. Onslow. |
Their Lordships, or any Five of them; to meet
on Saturday the Eleventh Day of March next, at
Ten a Clock in the Forenoon, in the Prince's
Lodgings near the House of Peers; and to adjourn as they please.
Leave for a Bill to enclose Staunton Commons.
Upon reading the Petition of John Hippesley Esquire,
Lord of the Manor of Staunton, in the County of Wilts,
and others; praying Leave to bring in a Bill, for confirming and rendering effectual the Enclosure and Division of certain Lands, lying in the Common Fields
and Grounds in the Parish of Staunton aforesaid:
It is Ordered, That Leave be given to bring in a
Bill, as desired.
Lambe, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom the Petition of John Lambe Esquire
and his Brother was referred; praying Leave to bring
in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for
vesting Part of the Estate of John Lambe Esquire in
Trustees, for raising Money, to discharge several
Mortgages, and other Debts and Incumbrances, therein mentioned."
Bathurst, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom the Petition of Benjamin Bathurst
Esquire, Finetta his Wife, and Elizabeth Poole Spinster,
was referred; praying Leave to bring in a Bill, for the
Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for
Sale of the Manor of Kemble and Poole, in the County of Wilts, late the Estate of Henry Poole Esquire,
deceased, for the Purposes therein mentioned."
Kynaston's Petition, for the Barony of Powis, referred to Committee of Privileges:
The House (according to Order) proceeded to take
into further Consideration the Petition of John Kynaston
Esquire to His Majesty; praying, "That the Barony
of Powys may be confirmed to him."
And the Clerk, as directed, having made an Extract,
out of the Journals, of Precedents of Matters of the like
Nature:
And the same being read:
It is Ordered, That the said Petition be referred to
the Consideration of the Lords Committees for Privileges:
Whose Lordships are to meet on Monday Sevennight; and, having considered thereof, as also
the Report thereunto annexed, and heard such
Persons concerning the same as they shall think
fit, are to report their Opinion thereupon to the
House.
Ordered, That all the Lords who attend be of the
Committee.
All Lords who come to Committee for Privileges, to be of the Committee.
Ordered, That all the Lords who shall come to
any Committee for Privileges shall be of that Committee.
Then, it being moved, "That the same be made a
Standing Order:"
Ordered, That on Tuesday next this House will
take the said Motion into Consideration; and the Lords
to be summoned.
The House was adjourned during Pleasure, to robe.
The House was resumed.
The King present:
His Majesty, being seated on His Throne, adorned
with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales,
in his Robes, sitting in his Place on His Majesty's Right
Hand; the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's
Commands to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this
House."
Who being come, with their Speaker; he, after
a short Introduction in relation to the Malt Bill, deli
vered the same to the Clerk; who brought it to the
Table; where the Clerk of the Crown read the Title of
that and the Titles of the other Bills to be passed, severally, as follow:
Bills passed.
"1. An Act for continuing the Duties upon Malt,
Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty
certain Duties upon Malt, Mum, Cyder, and Perry,
in that Part of Great Britain called Scotland, for the
Service of the Year One Thousand Seven Hundred
and Thirty-two."
To this Bill the Royal Assent was pronounced, in
these Words; (videlicet,)
"Le Roy remèrcie ses bons Sujets, accepte
leur Benevolence, & ainsi le veult."
"2. An Act to naturalize Leonard Lockman Esquire."
"3. An Act to naturalize Agnes Coussmaker."
"4. An Act to naturalize Thomas Malan, Joseph Malan, and others."
To these Bills the Royal Assent was pronounced,
severally, in these Words; (videlicet,)
"Soit fait comme il est desiré."
Then His Majesty was pleased to retire; and the
Commons withdrew.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
King's Answer to the Address for Articles of War.
The Lord Chamberlain acquainted the House, "That
the Lords with White Staves (according to Order)
had waited on His Majesty, with the Address of this
House Yesterday, in relation to the Articles of War,
and a List of the Promotion of the Officers of the
Army; and that His Majesty was pleased to say,
He would cause the proper Officers to lay the same
before this House accordingly."
Sir W. Stanhope's Petition referred to Judges.
Upon reading the Petition of Sir William Stanhope
Knight of the Bath; praying Leave to bring in a Bill,
for Sale of certain Woods and Woodlands in the Petition mentioned; and for settling other Lands, of equal
Yearly Value, to the same Uses:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of Common Pleas and Mr. Justice
Denton; with the usual Directions, according to the
Standing Orders.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis,
vicesimum nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 29o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Fredericus Princeps Walliæ.
|
Arch. Ebor.
Epus. Dunelm.
Epus. Sarum.
Epus. Eliens.
Epus. Roffen.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Exon.
Epus. Petriburg.
Epus. Cestr.
Epus. Cicestriens.
Epus. Bangor.
Epus. Landav.
Epus. Gloucestr.
Epus. Asaphens.
Epus. Menevens. |
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Chesterfield, Senescallus.
Comes Suffolk.
Comes Exeter.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Peterborow.
Comes Burlington.
Comes Shaftesbury.
Comes Jersey.
Comes Godolphin.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Cowper.
Comes Macclesfield.
Comes Pomfret.
Comes Ashburnham.
Comes Effingham.
Viscount Say & Seale.
Viscount Hatton.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Byron.
Ds. Cornwallis.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Onslow.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Raymond. |
PRAYERS.
Cortissos against Mendes & al.
The several Answer of James Mendes Merchant, One
of the Respondents to the Appeal of Joseph Cortissos:
Also, the joint and several Answers of Anthony Mendes
and Lewis Mendes Merchants, Two of the Respondents
to the Appeal of Joseph Cortissos:
Rowe against Gen. Steuart.
And likewise, the Answer of Brigadier General William Steuart and Mary his Wife, to the Appeal of Henry Rowe Esquire and his Wife, and James Steuart
Esquire;
Were brought in.
Sir R. Hare & al. Petition referred to Judges.
Upon reading the Petition of Sir Ralph Hare, of Stow
Bardolph, in the County of Norfolk, Baronet, and of
Thomas and George, his Younger Brothers; praying
Leave to bring in a Bill, for making effectual an Agreement between the Petitioners, for raising Ten Thousand
Pounds, on Part of the Estate of the said Sir Ralph,
for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Baron Comyns; with the usual Directions, according to the Standing Orders.
Francis's Petition referred to Judges.
Upon reading the Petition of John Francis Clerk;
praying Leave to bring in a Bill, for Sale of an Estate
in Lincolnshire; and settling another Estate, in the same
County, to the like Uses:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.
Fishe's Petition referred to Judges.
Upon reading the Petition of Hatcher Fish Esquire
and Catherine Fish his Sister, Children of Osburne Fish
Esquire, deceased, by Catherine his Wife, also deceased;
praying Leave to bring in a Bill, for raising Six Hundred Pounds, One Moiety of the Petitioner Catherine's
Portion, by Sale or Mortgage of an Estate in Lincolnshire; and for effectually securing the other Moiety, for
the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice
Price and Mr. Justice Denton; with the usual Directions,
according to the Standing Orders.
L. Molesworth & al. Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom the Petition of Richard Lord Viscount
Molesworth in the Kingdom of Ireland, and his Five
Younger Brothers, was referred; praying Leave to
bring in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in
a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for
enabling Richard Lord Viscount Molesworth and his
Brothers to make Leases for Lives, or Years determinable upon Lives, renewable for ever, of a Piece of
Ground in the City of Dublin."
Articles of War, and List of Officers, delivered.
The House being informed, "That Mr. Arnold, from
the Office of Secretary at War, attended:"
He was called in; and delivered, at the Bar, pursuant to the Address to His Majesty on Thursday last,
"A true Copy of the Articles of War, which are
intended to be established by His Majesty, for the
better Government of His Land Forces, in Great Britain and Ireland, and Dominions beyond the Seas."
Also, "A List of the Promotion of the Officers in
the Army, since the 25th of March 1731; distinguishing such of the said Officers as were in His Majesty's Service, or in the Half-pay, before the 25th
of March."
And then he withdrew.
And the Titles of the said Articles and List were read,
by the Clerk.
E. of Shaftesbury, Leave for a Bill, to exchange Presentations to Livings in Dorsetshire.
Upon reading the Petition of Anthony Earl of Shaftesbury; praying Leave to bring in a Bill, for making and
perpetuating an Exchange between His Majesty and
the Petitioner, of His Majesty's Right of presenting
(One Turn in Three) to the Rectory of Wimborne Allhallowes, in the County of Dorset, for an alternate Turn
or Right of presenting (One Turn in Two) to the Vicarage of Loders, in the same County; and for perpetually uniting and consolidating the Rectories of Wimborne St. Giles and Wimbornc Allhallowes:
It is Ordered, That Leave be given to bring in a
Bill, as desired.
West and Erisey's Petition referred to Judges.
Upon reading the Petition of Mary and Frances West,
Infants, by John West Esquire, their Father and Guardian, and of Mary Erisey; praying Leave to bring in
a Bill, to establish and confirm an Agreement in the
Petition mentioned, in relation to the accompting for the
Rents and Profits of several Estates in Devonshire and
Cornwall, and to render the same effectual:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.
Read and Marsland, a Bye-day to hear Arbuthnot's Appeals.
Upon reading the Petition of Joseph Read and William
Marsland, Respondents to the Appeal of George Arbuthnot and Charles Irvine; praying, "In regard they are
advised the said Appeal is brought for Delay, and
the Petitioners not knowing where to find the Appellants; that a short Day may be appointed, for hearing the Cause; and that Service of the Order for
that Purpose on the Appellants Clerk in Court, or
Solicitor in Chancery, may be deemed good Service:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Thursday the Sixteenth Day of March next; and that Service of this
Order on the said Appellants Clerk in Court, or Solicitor in Chancery, be deemed good Service, as desired.
Bathurst's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
Sale of the Manor of Kemble and Poole, in the County
of Wilts, late the Estate of Henry Poole Esquire, deceased, for the Purposes therein mentioned."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ld. President.
D. Kent.
D. Bridgewater.
M. Tweeddale.
M. Lothian.
E. Suffolk.
E. Exeter.
E. Northampton.
E. Warwick.
E. Shaftesbury.
E. Dunmore.
E. Marchmont.
E. Ilay.
E. Strafford.
E. Aylesford.
E. Effingham.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth. |
L. Bp. Durham.
L. Bp. Rochester.
L. Bp. Carlisle.
L. Bp. Bangor.
L. Bp. Gloucester. |
L. Delawarr.
L. Clinton.
L. Willoughby Br.
L. Maynard.
L. Cornwallis.
L. Weston.
L. Gower.
L. Boyle.
L. Masham.
L. Foley.
L. Raymond. |
Their Lordships, or any Five of them; to meet
on Wednesday the Fifteenth Day of March next,
at Ten a Clock in the Forenoon, in the Prince's
Lodgings near the House of Peers; and to adjourn as they please.
Lambe's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
vesting Part of the Estate of John Lambe Esquire in
Trustees, for raising Money, to discharge several
Mortgages, and other Debts and Incumbrances, therein mentioned."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet
on the same Day, at the same Place; and to adjourn as they please.
East India Company against Att. General.
The House being moved, on the Behalf of His Majesty's Attorney General, Respondent to the Appeal of
the United Company of Merchants of England trading
to The East Indies, "That a Day may be appointed, for
hearing the said Cause:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the First vacant Day
for Causes after those already appointed.
Prestwood's Petition referred to Judges.
Upon reading the Petition of Thomas Prestwood
Esquire, on Behalf of himself and of Mary Ann Prestwood, Judith, and Catherina Prestwood, Infants, by
the said Thomas Prestwood their Father and Guardian;
praying Leave to bring in a Bill, for Sale of a sufficient Part of an Estate in Devonshire, to raise and pay
off the Sum of One Thousand Pounds, and Interest now
due for the same:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.
Bromley & al. Petition referred to Judges.
Upon reading the Petition of Henry Bromley Esquire,
and of the Master, Fellows, and Scholars, of Pembroke
Hall, in the University of Cambridge; praying Leave to
bring in a Bill, to establish and complete an Agreement
between the Petitioners, for exchanging certain Lands,
in the Petition mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.
Lords who come to Committee of Privileges to be of it, made a Standing Order.
The House (according to Order) took into Consideration the Motion on Friday last, for making the Order
of this House, "That all the Lords who shall come to
any Committee of Privileges shall be of that Committee," a Standing Order.
And the said Order being read:
It is Ordered, That the same be declared to be
a Standing Order of this House; and that it be entered
on the Roll of Standing Orders.
Mutiny and Desertion, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
punishing Mutiny and Desertion, and for the better
Payment of the Army and their Quarters."
Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight;
and the Lords to be summoned.
Sir N. Curzon's Petition, about the Barony of Powis, referred to Committee of Privileges.
The Duke of Newcastle (by His Majesty's Command)
presented to the House, a Petition of Sir Nathaniel Curzon Baronet, to His Majesty; praying to be permitted
to make out his Title to the Barony of Powys; with
His Majesty's Reference of the same to their Lordships.
Which Petition and Reference were read, by the
Clerk, as follow:
"To the King's Most Excellent Majesty.
"The humble Petition of Sir Nathaniel Curzon
Baronet;
"Sheweth,
"That King Edward the Second created John de
Charlton Baron of Powis; and the Barony of Powis,
by several Descents, came to Edward Grey, the last
Lord Powis, who, in the Fifth Year of Edward the
Sixth, died seised of the said Barony in Fee, without any Issue of his Body lawfully begotten; and
thereupon the Descendants of Elizabeth the Daughter of Richard Lord Powis, who was the Great
Grandfather of the said Edward Grey the last Lord
Powis, became Heirs at Law to him the said Edward
Lord Grey.
"That the said Elizabeth had Issue only Two
Daughters, Ann and Alice; and that Your Petitioner
is lineally descended from the said Ann the Eldest
Daughter; and the Descendants of Alice the Younger
are only Females, videlicet, Diana and Harriot Vernon; and that your Petitioner, together with them,
being the Heir at Law to the said Edward Lord
Grey, the last Lord Powis, the said Barony remains
in Abeyance, until Your Majesty shall be pleased to
revive the same.
"That, notwithstanding such Your Petitioner's Descent, John Kynaston Esquire claims the said Barony,
as Heir at Law to the said Edward Lord Grey, the
last Lord Powis, on Pretence that he is lineally
descended from Elizabeth, the Sister of the said
Richard Lord Powis; and hath thereupon, by Petition to Your Majesty, made his Claim to the said
Barony.
"That, Your Majesty having been pleased to refer
the Matter of the said Claim to Your Majesty's Attorney General, the said Mr. Kynaston and Your
Petitioner have been heard, before Your Majesty's
Attorney General, to make out their several Titles
and Descents; and Your Majesty's Attorney General
hath thereupon made his Report to Your Majesty, as
well in relation to Your Petitioner's Title and Descent, as to the Title and Descent of the said Mr.
Kynaston.
"That, Your Majesty having been pleased to lay
the said Report before the Lords Spiritual and Temporal in Parliament assembled, for their Consideration;
"Your Petitioner most humbly prays, Your
Majesty will also be most graciously pleased
to permit Your Petitioner to make out
his said Title and Descent before their
Lordships.
"And Your Petitioner shall pray, &c.
"N. Curzon."
"Whitehall, 28th February, 1731.
"His Majesty, being moved upon this Petition, is
graciously pleased to refer the same to the Right
Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned; and to inform His
Majesty how the same shall appear to their Lordships.
"Holles Newcastle."
Ordered, That the said Petition be referred to the
Consideration of the Lords Committees for Privileges,
to whom the Petition of John Kynaston Esquire, claiming the same Barony, stands referred.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, secundum diem Martii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.