House of Lords Journal Volume 24
February 1733, 11-20

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History of Parliament Trust

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1767-1830

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184-190

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'House of Lords Journal Volume 24: February 1733, 11-20', Journal of the House of Lords volume 24: 1732-1737 (1767-1830), pp. 184-190. URL: http://www.british-history.ac.uk/report.aspx?compid=113998 Date accessed: 02 September 2014.


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February 1733, 11-20

DIE Lunæ, 12o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Carliol.
Epus. Asaphens.
Epus. Menevens.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Bedford.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
March. Tweeddale.
Comes Berks.
Comes Shaftesbury.
Comes Rochford.
Comes Coventry.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Bristol.
Comes Harborough.
Comes Fitzwalter.
Viscount Tadcaster.
Viscount St. John.
Ds. Hunsdon.
Ds. Lynne.
Ds. Haversham.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Monson.

PRAYERS.

Paterson to amend his Appeal.

Upon reading the Petition of Thomas Paterson Esquire; praying Liberty to amend his Appeal, by inserting the Date of a Decree of the Lord Ordinary; the Petitioner amending the Respondent's Copy:

It is Ordered, That the Petitioner be at Liberty to amend the said Appeal, as desired.

Murphy's Appeal dismissed with Costs.

The House (according to Order) proceeded to take into Consideration the Petition of William Browne Senior and William Browne Junior, Respondents to the Appeal of Samuel Murphy an Infant, by Mary his Mother and next Friend; praying, "That the said Appeal may be dismissed, with exemplary Costs; and that the Decree complained of thereby may be affirmed, a Verdict having been found, at the last Summer Assizes at Cork in Ireland, upon the Trial of an Issue directed by this House for that Purpose, That the Appellant is not the Son and Heir of Samuel Murphy deceased."

And the Agents on both Sides attending, they were called in.

And the said Petition and Certificate of the said Verdict were read.

And the said Agents were heard.

And being withdrawn:

It is Ordered, 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 Appellant do pay, or cause to be paid, to the said Respondents, the Sum of Twenty Pounds, for their Costs in respect of the said Appeal.

Legh against E. Warrington.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Legh Esquire is Appellant, and George Earl of Warrington Respondent:"

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.

Adjourn.

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

DIE Mercurii, 14o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Winton.
Epus. Oxon.
Epus. Lincoln.
Epus. Carliol.
Epus. Petriburg.
Epus. Cestriens.
Epus. Bangor.
Epus. Landav.
Epus. Asaphens.
Epus. Menevens.
Comes Wilmington, Præses.
Dux Bedford.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Winchilsea & Nottingham.
2. Comes Litchfield.
1. Comes Shaftesbury.
Comes Rochford.
Comes Albemarle.
Comes Jersey.
Comes Craufurd.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Stair.
Comes Ilay.
Comes Oxford & Co. Mortimer.
Comes Strafford.
Comes Bristol.
Comes Macclesfield.
Comes Pomfret.
Viscount Tadcaster.
Viscount Falmouth.
Viscount Torrington.
Ds. Clinton.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Byron.
Ds. Herbert.
Ds. Gower.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Monson.
Ds. Raymond.

PRAYERS.

The Lord Raymond sat Speaker, by virtue of a former Commission.

Ld. Foley takes his Seat.

Thomas Lord Foley sat first in Parliament, after the Death of his Father Thomas Lord Foley; having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Fitzgerald against Eustace.

The House being informed, "That Mr. John Gardiner attended, in order to deliver in certain Pleadings and Proceedings, in the Cause wherein Maurice Fitz Gerald Gentleman is Appellant, and Christopher Eustace Respondent:"

He was called in; and delivered, at the Bar, the said Pleadings and Proceedings; and attested upon Oath, The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

Austen against Flack.

The said John Gardiner delivered in, at the Bar, certain Pleadings and Proceedings, in the Cause wherein Thomas Austen Gentleman is Appellant, and Anne Flack Widow Respondent; and made the like Attestation.

Garden to enter into a Recognizance for Irvines.

The House being moved, "That Robert Garden Gentleman may be permitted to enter into a Recognizance for Alexander Irvine of Crimond Esquire, and William Irvine of Artomford Esquire, his Brother, upon account of their Appeal depending in this House; they being in Scotland:"

It is Ordered, That the said Robert Garden may enter into a Recognizance for the said Appellants, as desired.

Rowe et al. against Steuart and his Wife:

After hearing Counsel, upon the Petition and Appeal of Henry Rowe Esquire and Elizabeth his Wife, and James Steuart Esquire, which said James and Elizabeth are Executors of the last Will of General William Steuart deceased; complaining of a Decree of the Court of Chancery, made the 5th of December 1730, and of an Order of the same Court, on re-hearing the Cause, the 6th of November 1731, confirming the said Decree, in a Cause wherein the Appellants were Plaintiffs, and Brigadier General William Steuart and Mary his Wife Defendants; and praying, "That the said Decree, so far as the same concerns a Bond in Question, may be reversed, or otherwise varied, so that the Appellants may have Satisfaction of the Money remaining due on the said Bond:" As also upon the Answer of the said Brigadier and his Wife put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree and Order affirmed.

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

Proposed, "That the Appellants be ordered to pay the Respondents One Hundred Pounds, for their Costs."

Which being objected to;

And Debate thereupon:

The Question was put, upon the said Proposition.

And it was Resolved in the Negative.

Adjourn.

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

DIE Jovis, 15o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Lincoln.
Epus. Roffen.
Epus. Carliol.
Epus. Lich. & Cov.
Epus. Petriburg.
Epus. Cicesiriens.
Epus. Bangor.
Epus. Landav.
Epus. Asaphens.
Epus. Menevens.
Comes Wilmington, Præses.
Dux Devon, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Bedford.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Northampton.
Comes Warwick & Holland.
Comes Winchilsea & Nottingham.
Comes Scarsdole.
Comes Litchfield.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Morton.
Comes Selkirk.
Comes Dunmore.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford & Co. Mortimer.
Comes Strafford.
Comes Bristol.
Comes Macclesfield.
Comes Pomfret.
Comes Fitzwalter.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Maynard.
Ds. Byron.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Montjoy.
Ds. Foley.
Ds. Onslow.
Ds. Raymond.

PRAYERS.

The Lord Raymond sat Speaker, by virtue of a former Commission.

White to amend her Appeal.

Upon reading the Petition of Mrs. Frances White; praying Leave to amend her Appeal, complaining of Part of an Interlocutor of the Court of Session in Scotland, by making George Skene, Eldest Son of George Skene of Skene, Dame Jean Skene and Sir Alexander Forbes her Husband, Parties thereto; the Petitioner being willing to amend the Respondents Copy:

It is Ordered, That the Petitioner be at Liberty to amend her said Appeal, as desired; and that the said George Skene, Dame Jean Skene, and Sir Alexander Forbes, may have a Copy thereof; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the Fifteenth Day of March next; and that Service of this Order upon the Agent or Procurator of the said Parties, in the said Court of Session, be deemed good Service.

Tasburgh and Mcnemara against Sir Robert Ecklin pt al.

Upon reading the Petition and Appeal of Henry Tasburgh Esquire and George McNcmara; complaining of several Proceedings of the Court of Chancery in Ireland; and particularly against the permitting of several Orders and Minutes to be read as Evidence; and of Two Orders, made the 7th of July 1729, and 9th of February 1731; and of a Decree, or Decretal Order, of the same Court, of the 24th of November last, and all other Proceedings subsequent thereto, in a Cause wherein Sir Robert Ecklin Baronet, Thomas Tickle Esquire, Clotilda Tickle, alias Eustace his Wife, and Chetwood Eustace Esquire, were Complainants, and the Appellants and others Defendants; and praying, "That the same may be reversed or rectified, and the Appellants relieved:"

It is Ordered, That the said Sir Robert Ecklin, Thomas Tickle and his Wife, and Chetwood Eustace, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 22d Day of March next; and that Service of this Order upon the Six Clerk of the said Respondents, in the said Court of Chancery in Ireland, be deemed good Service.

Bishop of Ely against Doctor Bentley, in Error.

This Day being appointed, to take into further Consideration the Matter of Costs, in the Case upon the Writ of Error, wherein the Lord Bishop of Ely is Plaintiff, and Doctor Bentley Defendant; and the Judges attending (according to Order):

Tthe Lord Chief Baron was heard, in relation to the Question, agreed upon on Friday last, to be put to the Judges.

And it being proposed, "That the Plaintiff in Error do pay to the Defendant in Error Fifty Pounds, for his Costs:"

The same was objected to, as not Costs sufficient in this Case.

And Debate thereupon:

The Question was put, upon the said Proposition.

And it was Resolved in the Negative.

Ordered, That the said Plaintiff in Error do pay, or cause to be paid, to the said Defendant in Error, the Sum of One Hundred Pounds, for his Costs.

The entire Order and Judgement, on the Hearing and Consideration of this Cause, is as follows:

Judgement.

"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 High Court, the 11th Day of February in the Year of our Lord 1731, with the Transcript thereof, wherein Thomas Lord Bishop of Ely is Plaintiff, and Richard Bentley Doctor in Divinity, Master of Trinity College in Cambridge, Defendant, in order to reverse a Judgement given by the said Court of King's Bench, in an Action upon a Prohibition, in which the said Doctor Bentley, who sued as well upon his own as upon the King's Account, was Plaintiff, and the said Lord Bishop of Ely Defendant; upon which said Writ, Errors being assigned by the said Bishop of Ely, and Issue joined by the said Doctor Bentley; and Counsel on both Sides having been heard, several Days, as well in the last as in this present Session of Parliament; and the Judges having delivered their Opinions in relation to Matters of Law to them proposed; and due Consideration and Debate having been had of what was offered on either Side in this Case: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given by the Court of King's Bench, in an Action upon a Prohibition, be, and the same is hereby, reversed: And it is hereby further Ordered and Adjudged, That a Consultation be, and is hereby, granted, with respect to the Four First Articles exhibited before the Plaintiff against the Defendant; and that a Consultation be likewise granted with respect to the Sixth Article, except as to these Words at the latter Part thereof, (videlicet,) ["and sussered or permitted the Officers of the said College in like Manner to neglect the same"], touching which Words, the Prohibition is to stand; and that a Consultation be also granted, with respect to the Tenth, Eleventh, Twelfth, Thirteenth, Twenty-seventh, Twenty-eighth, Twenty-ninth, Thirtieth, Thirty-eighth, Thirty-ninth, Fortieth, Fortyfirst, Fifty-second, Fifty-third, Fifty-seventh, Fiftyeighth, Fifty-ninth, Sixtieth, and Sixty-first Articles: But as to the Fifth, Seventh, Eighth, Ninth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Nineteenth, Twentieth, Twenty-first, Twenty-second, Twenty-third, Twenty-fourth, Twenty-fifth, Twentysixth, Thirty-first, Thirty-second, Thirty-third, Thirty-fourth, Thirty-fifth, Thirty-sixth, Thirty-seventh, Forty-second, Forty-third, Forty-fourth, Forty-fifth, Forty-sixth, Forty-seventh, Forty-eighth, Forty-ninth, Fiftieth, Fifty-first, Fifty-fourth, Fifty-fifth, Fiftysixth, Sixty-second, Sixty-third, and Sixty-fourth Articles, it is hereby further Ordered and Adjudged, That the Prohibition do stand, as to those Articles: And it is hereby further Ordered, That the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of One Hundred Pounds, for his Costs."

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows; (videlicet,) (fn. 1)

"Sed quia Cur. Parliamenti præd. nunc hic de Judicio suo de et super Præmiss. reddend. nondum advisatur, Dies inde dat. est Partibus præd. coram eadem Cur. Parliamenu apud Westm. usque Diem Jovis, Decimum Quintum Diem Februarn prox. sequen. de Judicio suo inde co quod Cur. Parliamenti præd. nunc hic inde nondum &c.; ad quem Diem, coram eadem Cur. Parliamenti præd. apud Westm. præd. ven. Partes præd. per Attorn. suos præd.; super quo, vis. et per Cur. Parliamenti præd. nunc hic diligenter examinatis et plenius intellectis tam Record. et Process. præd. ac Judic. super cisdem reddit. quam præd. Causis et Materiis per præd. Dominum Episcopum Eliens. superius pro Error. assign. maturaque Deliberatione inde habita, videtur Cur. Parliamenti præd. nunc hic, quod Placitum præd. per præd. Ric'um Bentley, in Cur. dicti Domini Regis, coram ipso Rege, existend. replicando placitat. Materiaque in eodem content. minus sufficien. in Lege existunt ad præd. Thomam Episcopum Eliens. a Brevi dicti Domini Regis, de Consultitione habend. præcludend.; et quod in Redditione Judic. ill. manifest. est Errat.: Ideo cons. est, quod Judic. præd. in eadem Cur. dicti Domini Regis, coram ipso Rege, sic ut præsertur reddit. ob Error. præd. superius assign. revocetur, adnulletar, et pio nullo penitus habeatur; et quod idem Dominus Episcopus Eliens. ad omnia quæ ipse Occasione Judic. præd. amisit restituatur, &c.; et ulterius per eandem Cur. Parliamenti præd. nunc hic, quoad Materias in Primo, Secundo, Tertio, Quarto, Decimo, Undecimo, Duodecimo, Decimo Tertio, Vicesimo Septimo, Vicesimo Octavo, Vicesimo Nono, Tricesimo, Tricesimo Octavo, Tricesimo Nono, Quadragesimo, Quadragesimc Primo, Quinquagesimo Secundo, Quinquagesimo Tertio, Quinquagesimo Septimo, Quinquagesimo Octavo, Quinquagesimo Nono, Sexagesimo; et Sexagesimo Primo Articulis specificat. necnon quoad (fn. 2) Materiam in Sexto Articulo mentionat. præter quoad hæc Verba in eodem Sexto Articulo specificat. videlicet, ["and suffered or permitted the Officers of the said College in like Manner to neglect the same"] cons. est, quod præd. Thomas Episcopus Eliens. habeat Breve dicti Domini Regis de Consultatione inde &c.; et quoad Materias in Quinto, Septimo, Octavo, Nono, Decimo Quarto, Decimo Quinto, Decimo Sexto, Decimo Septimo, Decimo Octavo, Decimo Nono, Vicesimo, Vicesimo Primo, Vicesimo Secundo, Vicesimo Tertio, Vicesimo Quarto, Vicesimo Quinto, Vicesimo Sexto, Tricesimo Primo, Tricesimo Secundo, Tricesimo Tertio, Tricesimo Quarto, Tricesimo Quinto, Tricesimo Sexto, Tricesimo Septimo, Quadragesimo Secundo, Quadragesimo Tertio, Quadragesimo Quarto, Quadragesimo Quinto, Quadragesimo Sexto, Quadragesimo Septimo, Quadragesimo Octavo, Quadragesimo Nono, Quinquagesimo, Quinquagesimo Primo, Quinquagesimo Quarto, Quinquagesimo Quinto, Quinquagesimo Sexto, Sexagesimo Secundo, Sexagesimo Tertio, et Sexagesimo Quarto Articulis specificat.; necnon quoad præd. Verba in præd. Sexto Articulo mentionat. videlicet, ["and suffered or permitted the Officers of the said College in like Manner to neglect the same"], cons. est per eandem Cur. Parliamenti præd. nunc hic, quod præd. Thomas Episcopus Eliens. nullum habeat Breve de Consultatione inde; et quod præd. Ric'us Bentley qui tam &c. fit inde quiet. &c. et præd. Dominus Episcopus Eliens. inde in Misericordia, &c. Cons. est etiam per eandem Cur. Parliamenti præd. nunc hic, quod præd. Ric'us Bentley recuperet versus præfat. Thomam Episcopum Eliens. Centum Libr. eidem Ric'o Bentley, ex Assensu suo, per eandem Cur. Parliamenti præd. juxta Formam Statut. in hujusmodi Casu edit. et provis. adjudicat. pro Mis. et Custag. suis per ipsum circa Sectam suam in hac Parte appo'it.; ac superinde Record. præd. necnon Process. in eadem Cur. Parliamenti in Præmiss. habit. per eandem Cur. Parliamenti, Cur. dicti Domini Regis, coram ipso Rege, ubicunque &c. remittuntur &c. ad Execution. superinde fiend. &c."

Barston Commons for enclosing, Bill.

The Earl of Strafford reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields and Common Meadows, in the Parish of Barston, in the County of Warwick," was committed: "That they had considered the said Bill; that the Párties concerned had given their Consents thereunto; and that the Committee, having examined the Allegations thereof, had gone through the Bill, with some Amendments."

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

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

Cortisos against Mendes.

The House being moved, "To put off the Hearing of the Cause wherein Joseph Cortisos of London Gentleman is Appellant, and James, Anthony, and Lewis Mendes are Respondents, which stands for To-morrow, to Monday next:"

The same was ordered accordingly.

Adjourn.

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

Hitherto examined by us,
Devonshire.
Abingdon.
Bristol.

DIE Lunæ, 19o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Roffen.
Epus. Cestriens.
Epus. Cicestriens.
Epus. Bangor.
Epus. Gloucestr.
Epus. Menevens.
Comes Wilmington, Præses.
Dux Devon, Custos Privati Sigilli.
Dux Bolton.
Dux Ancaster & Kesteven, Magnus Camerarius, Angl.
Dux Newcastle.
Dux Greenwich.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Winchilsea & Nottingham.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Godolphin.
Comes Rothes.
Comes Buchan.
Comes Dunmore.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Ashburnham.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Carteret.
Ds. Guilford.
Ds. Gower.
Ds. Foley.
Ds. Cadogan.
Ds. Raymond.

PRAYERS.

The Lord Raymond sat Speaker, by virtue of a former Commission.

Austen against Flack.

The Answer of Anne Flack Widow, to the Appeal of Thomas Austen Gentleman, was brought in.

Lady Gage's Petition referred to Judges.

Upon reading the Petition of the Lady Viscountess Gage, Wife of Thomas Lord Viscount Gage in the Kingdom of Ireland, and Thomas Whorwood, of Salden, in the County of Bucks; praying Leave to bring in a Bill, to enable the said Viscountess and her Trustees to lay out the Moiety of the Money arising by Sale of the Estate of her late Father in the Purchase of Lands in the County of Gloucester, or elsewhere, and for other Purposes therein mentioned:

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

Savery, Leave for, a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Waltham Savery, of Slade, in the County of Devon, 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 Sale of Part of the Paternal Estate of Waltham Savery Esquire, comprized in his Marriage Settlement, to discharge the Incumbrances on other the more valuable Parts of his Estate in the same Settlement comprized, for the Benefit of his Issue by Mary his late Wife."

Enlarging the Time for taking the Oaths, Bill

A Message was brought from the House of Commons, by Sir Thomas Littleton and others:

With a Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Employments or Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstantiation, and receiving the Sacrament; and allowing them further Time for that Purpose;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Malt Bill.

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

With a Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-three; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sheldon, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Dormer Sheldon Clerk and others 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 discharging divers Lands and Hereditaments at Abberton, in the County of Worcester, Part of the Estate of Francis Sheldon Esquire, a Lunatic, from the Trusts of a former Act of Parliament made for Payment of the Debts of the said Francis Sheldon; and for vesting another Estate of the said Lunatic, in the County of Gloucester, in Trustees, for the same Purposes."

Cortisos against Mendes.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of Joseph Cortisos of London Merchant, to which James, Anthony, and Lewis Mendes are Respondents.

And the Appellant's Counsel being heard;

As also One Counsel for the Respondent James Mendes:

They were directed to withdraw.

And being withdrawn:

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

Adjourn.

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

DIE Martis, 20o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Lincoln.
Epus. Roffen.
Epus. Cicestriens.
Epus. Landav.
Epus. Asaphens.
Epus. Menevens.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Bolton.
Dux Bedford.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Gainsborough.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Cowper.
Comes Macclesfield.
Comes Pomfret.
Comes Ashburnham.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Byron.
Ds. Lynne.
Ds. Carteret.
Ds. Guilford.
Ds. Gower.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Raymond.

PRAYERS.

D. of Argyle against Hamilton & al.

The Answer of Elizabeth Hamilton Widow, Anna Hamilton Widow, Isabella Hamilton, and Sir William Gordon, to the Appeal of John Duke of Argyle and Greenwich, was brought in.

Cortisos against Mendes.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Joseph Cortisos, of London, Gentleman; complaining of a Decree of the Court of Chancery, of the 26th of June 1731, made in a Cause wherein the Appellant was Plaintiff, and James, Anthony, Lewis, and Alvaro Mendes, the Executors of Fernando Mendes, and Moses De Medina, and Joseph Da Costa, were Defendants; and praying, "That the said Decree may be varied in certain Particulars complained of:" As also upon the several Answers of the said James Mendes and Anthony and Lewis Mendes put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

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

Messages from H. C. with a Bill; and to return the Bill for enclosing Common Fields in Welsbourne Hasting, &c.

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

With a Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for enclosing several large Common Fields, within the Parishes of Welsbourne Hastings and Newbold Pacy, in the County of Warwick;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Malt Bill.

Hodie 2a 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 Thirtythree; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."

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

Enlarging the Time for taking the Oaths, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Employments or Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstannation, and receiving the Sacrament; and allowing them further Time for that Purpose."

Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next.

Sheldon's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for discharging divers Lands and Hereditaments at Aberton, in the County of Worcester, Part of the Estate of Francis Sheldon Esquire, a Lunatic, from the Trusts of a former Act of Parliament, made for Payment of the Debts of the said Francis Sheldon; and for vesting another Estate of the said Lunatic, in the County of Gloucester, in Trustees, for the same Purpose."

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

L. President.
D. Greenwich.
D. Dorset.
D. Bridgewater.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Scarbrough.
E. Rochford.
E. Coventry.
E. Jersey.
E. Buchan.
E. Marchmont.
E. Ilay.
E. Oxford.
E. Strafford.
E. Cowper.
E. Macclesfield.
E. Pomfret.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
L. Bp. London.
L. Bp. Winton.
L. Bp. Lincoln.
L. Bp. Chichester.
L. Bp. St. Asaph.
L. Bp. St. Davids.
L. Abergavenny.
L. Delawarr.
L. Hunsdon.
L. Lynne.
L. Carteret.
L. Guilford.
L. Gower.
L. Montjoy.
L. Foley.
L. Bathurst.
L. Raymond.

Their Lordships, or any Five of them; to meet on Wednesday the Seventh 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.

Mutiny Bill.

Hodie 1a 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 read a 2d Time on this Day Sevennight; and the Lords to be summoned.

Marchioness Annandale against the Marquis & al.

The House being moved, at the Request of the Marchioness of Annandale, "To put off the Hearing of her Appeal, to which the Marquis of Annandale, by his Guardian, and others, are Respondents; the Agent for the said Respondents consenting:"

Whereupon Mr. Hamilton, the said Agent, was called in, and heard in relation thereunto.

And being withdrawn:

It is Ordered, That the hearing the said Cause be put off to the First vacant Day for Causes after those already appointed.

Savery's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of Part of the Paternal Estate of Waltham Savery Esquire, comprized in his Marriage Settlement, to discharge the Incumbrances on other the more valuable Parts of his Estate, in the same Settlement comprized, for the Benefit of his Issue by Mary his late Wife."

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

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

Barston Commons for enclosing, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields and Common Meadows, in the Parish of Barston, 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. Thurston and Mr. Burroughs:

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

Adjourn.

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

Footnotes

1 Sic.
2 Origin Materia.