House of Lords Journal Volume 24
February 1735, 11-20

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History of Parliament Trust

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Year published

1767-1830

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457-465

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'House of Lords Journal Volume 24: February 1735, 11-20', Journal of the House of Lords volume 24: 1732-1737 (1767-1830), pp. 457-465. URL: http://www.british-history.ac.uk/report.aspx?compid=114028 Date accessed: 22 September 2014.


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February 1735, 11-20

DIE Martis, 11o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Norwic.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Bolton.
Dux Bedford.
Dux Buccleugh.
Dux Athol.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Comes Northampton.
Comes Chesterfield.
Comes Anglesey.
Comes Shaftesbury.
Comes Warrington.
Comes Sutherland.
Comes Morton.
Comes Findlater.
Comes Balcarris.
Comes Orkney.
Comes Portmore.
Comes Hoptoun.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Kerr.
Comes Fitzwalter.
Viscount Cobham.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. Craven.
2. Ds. Cathcart.
1. Ds. Hervey.
Ds. Boyle.
Ds. Foley.
Ds. Bathurst.
Ds. Lovell.

PRAYERS.

Price against Hamilton.

The Answer of Major Gavin Hamilton of Raplock, to the Appeal of Cromwel Hamilton Price Esquire, was brought in.

L. Boyle takes the Oaths.

John Lord Boyle took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Halpenn against Ly. Lawley:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Mark Halpenn Gentleman; complaining of a Decree of the Court of Exchequer, made the 9th Day of November 1733, in a Cause wherein Dame Elizabeth Halpenn, commonly called Lady Lawley, was Plaintiff, and the Appellant and John Tuite and John Smith were Defendants; and in a Cross Cause, wherein the Appellant was Plaintiff, and the said Dame Elizabeth Halpenn, John Tuite, John Smith, and John Kelly, were Defendants; and praying, "That the said Decree may be reversed, or varied in such Manner as to this House shall seem just:" As also upon the Answer of the said Elizabeth Halpenn and the said John Smith put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree, in the said Appeal complained of, be, and is hereby, affirmed; with this Addition, "That, if any Action or Suit shall be brought by the Respondents, or either of them, in the Name of the Appellant, they shall indemnify him in respect thereof."

Pet. for Private Bills, Time limited.

Ordered, That, after Tuesday the Eleventh Day of March next, this House will not receive any Petition for a Private Bill during this Session of Parliament.

Skerret against Nisbet:

The House was informed, "That a Person attended, in order to deliver in several Papers and Proceedings, in the Cause wherein Humphry Skerret Gentleman is Appellant, and Mathew Nisbet & al. are Respondents."

Pleadings proved.

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

And then he was directed to withdraw.

Adjourn.

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

DIE Jovis, 13o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Montagu.
Dux Buccleuch.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
March. Lothian.
Comes Huntingdon.
Comes Pembroke.
Comes Suffolk.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Berkshire.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Grantham.
Comes Poulet.
Comes Godolphin.
Comes Cholmondeley.
Comes Craufurd.
Comes Sutherland.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Portmore.
Comes Hopetoun.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Kerr.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Percy.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North & Guilford.
Ds. Hunsdon.
Ds. St. John.
Ds. Lovelace.
Ds. Hinton.
Ds. Maynard.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Boyle.
Ds. Montjoy.
Ds. Middleton.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

D. of Greenwich takes the Oaths.

John Duke of Greenwich took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Representation from Board of Trade, delivered.

The Earl of Westmorland, by His Majesty's Command, presented to the House, pursuant to their Lordships Addresses of the 1st and 5th Days of April last,

"Representation from the Commissioners of Trade and Plantations, relating to the State of the British Islands in America, with regard to their Trade, their Strength, and Fortifications; and to what may be further necessary for the Encouragement of their Trade, and Security of those Islands; as likewise to such Encouragements as may be necessary to engage the Inhabitants of the British Colonies on the Continent in America to apply their Industry to the Cultivation of Naval Stores of all Kinds, and of such other Products as may be proper for the Soil of the said Colonies, and do not interfere with the Trade or Produce of Great Britain."

And the Title thereof was read, by the Clerk.

Ordered, That the said Representation be printed.

Edgar's Pet. referred to Judges.

Upon reading the Petition of Robert Edgar, of Ipswich, in the County of Suffolk, Esquire; praying Leave to bring in a Bill, for discharging Two Third Parts of the Manor and Rectory of Dullingham, in the County of Cambridge, from the Uses contained in the Petitioner's Marriage Settlement, on his settling an Equivalent in Lieu thereof:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Thompson; with the usual Directions, according to the Standing Orders.

Ld. Castlemaine, to take the Name of Tylney, Bill.

The Earl of Strafford (pursuant to an Order of the 27th of January last) presented to the House a Bill, intituled, "An Act to enable John Child, commonly called Lord Castleman, and the Heirs of his Body, and such other Persons who, by virtue of a Settlement made by Frederick Tylney Esquire deceased, shall be in Possession of the Estates therein limited, to take and use the Surname of Tylney."

And the same was read the First Time.

Pet. of Scotch Peers, relating to the Election of Sixteen Peers.

A Petition was presented to the House, and read, as follows:

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"The humble Petition of James Duke of Hamilton and Brandon, Charles Duke of Queensberry and Dover, James Duke of Montrose, Thomas Earl of Dundonald, Alexander Earl of Marchmont, and John Earl of Stair;

"Sheweth,

"That, at the last Election of Sixteen Peers, to serve in this present Parliament, for that Part of Great Britain called Scotland, a Majority of Votes was obtained for the Duke of Buccleugh, the Duke of Atholl, the Marquis of Lothian, the Earl of Crawfurd, the Earl of Sutherland, the Earl of Morton, the Earl of Loudoun, the Earl of Findlater, the Earl of Selkirk, the Earl of Belcarras, the Earl of Dunmore, the Earl of Orkney, the Earl of Hopeton, the Earl of Portmore, the Earl of Ilay, and the Lord Cathcart; and they were accordingly returned.

"Your Petitioners, however, conceive it their Duty to represent to your Lordships, that several undue Methods and illegal Practices were used towards carrying on this Election, and towards engaging Peers to vote for a List of Peers to represent the Peerage of Scotland; such as are inconsistent with the Freedom of Parliaments, dishonourable to the Peerage, contrary to the Design and Intention of those Laws that direct the Election of the Sixteen Peers for that Part of Great Britain called Scotland; and such as may prove subversive of our happy Constitution; Instances and Proofs whereof we are able to lay before your Lordships, in such Manner as your Lordships shall direct.

"Wherefore your Petitioners humbly pray, that your Lordships will be pleased to take this important Affair into your most serious Consideration; to allow these Instances and Proofs to be laid before you; and to do therein as in your great Wisdoms shall seem most proper, to maintain the Dignity of the Peerage, the Freedom of the Elections of the Peers of that Part of Great Britain called Scotland, and to preserve the Constitution and Independency of Parliaments.

"And your Petitioners shall ever pray, &c.

"Hamilton and Brandon.
Queensberry and Dover.
Montrose.
Dundonald.
Marchmont.
Stair."

Ordered, That the said Petition be taken into Consideration on this Day Sevennight; and the Lords to be summoned.

D. of Rutland's Sons to take the Name of Sutton, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enabling the Two Younger Sons of John Duke of Rutland, by Bridget late Dutchess of Rutland, and their respective Children, Progeny, and Issue, to take and use the Surname of Sutton, pursuant to the Will of Robert Lord Lexington, deceased, and in such Manner as is therein mentioned."

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

Ld. President.
L. Steward.
D. Richmond.
D. Leeds.
D. Bedford.
D. Marlborough.
D. Montagu.
D. Buccleugh.
D. Athol.
D. Newcastle.
D. Portland.
M. Lothian.
E. Pembroke.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Westmorland.
E. Berkshire.
E. Winchilsea & Nott.
E. Chesterfield.
E. Shaftesbury.
E. Litchfield.
E. Scarbrough.
E. Warrington.
E. Coventry.
E. Craufurd.
E. Findlater.
E. Balcarras.
E. Ilay.
E. Oxford.
E. Strafford.
E. Cowper.
E. Malton.
V. Tadcaster.
V. Torrington.
L. Bp. London.
L. B. Oxon.
L. B. Rochester.
L. B. St. Davids.
L. B. Bristol.
Ld. Harrington, Sec.
L. Abergavenny.
L. Willoughby Br.
L. Lovelace.
L. Byron.
L. Cornwallis.
L. Lynne.
L. Carteret.
L. Haversham.
L. Gower.
L. Hervey.
L. Montjoy.
L. Foley.
L. Bathurst.
L. Onslow.
L. Monson.
L. Lovell.
L. Hardwicke.

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

Hunningham Common Fields, to enclose, Leave for a Bill.

Upon reading the Petition of the Freeholders, Cottagers, and Proprietors of Lands and Grounds, lying in the Common and Open Fields, and Common Grounds, of Hunningham, in the County of Warwick; praying Leave to bring in a Bill, for dividing and enclosing the said Lands and Grounds, in Pursuance of an Agreement for that Purpose:

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

Persons omitting to subscribe according to Act of Uniformity, indemnified, Bill.

The Earl of Anglesey presented to the House a Bill, intituled, "An Act to indemnify Persons who have omitted to make and subscribe the Declarations contained in the Act of Uniformity, of the 13th and 14th Years of King Charles the Second, within the Time limited by Law; and for allowing further Time for doing thereof."

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time on Tuesday next.

Griell's Pet. against Gansell.

Counsel (according to Order) were called in, to be heard, upon the Subject-matter of the Petition of Susanna Griel Spinster; setting forth, "That a Trial has been had, in the Court of King's Bench, in Pursuance of the Direction of this House, given on hearing her Appeal from a Decree of the Court of Chancery, made the 3d of November 1732, to which Appeal David Gansell Esquire was Respondent; and a Verdict thereupon found, "That the Assignments of the Orphans Stock, Transfer of the Bank Stock, South Sea Annuities, and South Sea Stock, made by the said Appellant to the said Respondent, were made upon Trust, for the Benefit of the Appellant;" and praying, That the Respondent may be directed to accompt with the Appellant for so much Money as he hath received by the Sale of the Appellant's Stocks, and for the Interest thereof from that Time; and that he may assign or transfer so much of the said Stocks as have not been disposed of by him, and accompt with the Appellant for the respective Dividends thereof; the Appellant being willing to allow, in such Accompt, the several Sums which she has received, pursuant to an Order of the said Court of Chancery the 28th of November 1730, and the Judgement of this House on hearing her Appeal; and that the Respondent may be compelled to pay the Appellant such Costs and Damages as she has sustained; and have such other Relief as to this House shall seem meet."

And Counsel having been fully heard, as well for the Respondent as for the Appellant, in relation to the Matter of the said Petition:

And being withdrawn:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an Accompt be taken, by One of the Masters of the Court of Chancery, of Two Thousand Two Hundred and Twenty-five Pounds, Four Shillings, and Nine Pence Three Farthings, Orphan Stock, Two Thousand Pounds Bank Stock, One Thousand Pounds South Sea Annuities, and Nine Hundred and Forty Pounds South Sea Stock, transferred by the Appellant to the Respondent; and of the South Sea Annuities which have been the Produce of any Part of the said Nine Hundred and Forty Pounds South Sea Stock, and of the Dividends which have been received by the Respondent, or by any Person by his Order, or to his Use, upon the said Stock and Annuities, since the said Transfer thereof to him; and that the said Master tax the Appellant her Costs of this Suit in the Court of Chancery, so far as the same relates to the said Stocks and Annuities, and of the Trial of the Issue directed by this House: And it is hereby further Ordered, That an Accompt be likewise taken of what hath been paid by the Respondent to the Appellant, or to her Order, or for her Use, in respect of the Annuity of Four Hundred Pounds per Annum, in the Pleadings mentioned; in taking which Accompts, the Master is to make to each Party all just Allowances: And if, upon taking the said Accompts, it shall appear that the Money received by the said Respondent for Dividends as aforesaid, together with what shall be found due to the Appellant for such Costs as aforesaid, exceeds what hath been paid by the Respondent to the Appellant, or to her Order, or for her Use, for the said Annuity of Four Hundred Pounds per Annum, the Respondent is to pay the Surplus thereof to the Appellant; and in that Case, or if what hath been paid by him as aforesaid, for the said Annuity of Four Hundred Pounds per Annum, shall be found to exceed what is due from the Respondent to the Appellant, for such Dividends and Costs as aforesaid, then, upon the Appellant's Payment of the Balance thereof to the Respondent, it is Ordered, That the Respondent do transfer to the Appellant the said Two Thousand Two Hundred and Twenty-five Pounds, Four Shillings, and Nine Pence Three Farthings, Orphans Stock, Two Thousand Pounds Bank Stock, and One Thousand Pounds South Sea Annuities, and so much of the said Nine Hundred and Forty Pounds South Sea Stock as remains in Specie, together with such South Sea Annuities as have been the Produce of the Residue of the said South Sea Stock; and do give an Authority to the Appellant to receive the Dividends (if any) which remain due upon the said Stocks and Annuities; and thereupon the Appellant is to deliver up the Respondent's Bond to him, to be canceled: And it is hereby further Ordered, That the Court of Chancery do give proper Directions for taking the said Accompts.

Cotton, to put off his Cause.

A Petition of John Cotton Esquire, was presented, and read; praying, "In regard his Case is very long, and not yet settled by Counsel, that the hearing his Appeal, which is appointed for To-morrow, may be adjourned for a Fortnight, or such other Time as the House shall think fit."

And thereupon the Agents on both Sides being called in, and heard at the Bar;

And withdrawn:

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

Vennac to enter into a Recognizance for Mercer:

The House being moved, "That Francis Vennac, of Maiden Lane, Surgeon, may be permitted to enter into a Recognizance for Robert Mercer Gentleman, on account of his Appeal, to which Thomas Butler and others are Respondents; the Appellant residing in Ireland:"

It is Ordered, That the said Francis Vennac may be permitted to enter into a Recognizance for the said Appellant, as desired.

O'Farrell for O'Farrell.

The like Motion and Order, for Euriel O'Farrell Gentleman to enter into a Recognizance for Roger O'Farrell; for a Reason of the same Nature.

Manan for Hall.

The like Motion and Order, for Anthony Manan Gentleman to enter into a Recognizance for Thomas Hall; for the same Reason.

Adjourn.

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

DIE Lunæ, 17o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Oxon.
Epus. Roffen.
Epus. Hereford.
Epus. Sarum.
Epus. Norwic.
Epus. Asaphen.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Buccleuch.
Dux Atholl.
Dux Kent.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Dorset.
March. Lothian.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Berkshire.
Comes Winchilsea.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Sutherland.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Portmore.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Tadcaster.
Ds. Willoughby Par.
Ds. St. John.
Ds. Lovelace.
Ds. Maynard.
Ds. Cornwallis.
Ds. Carteret.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Lovell.

PRAYERS.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir James Campbell and others:

With a Bill, intituled, "An Act for naturalizing Samuel Engel and John Peter Blaquiere;" to which they desire the Concurrence of this House.

Chambers to enter into Recognizance for Giffard.

The House being moved, "That Charles Chambers Gentleman, Agent for John Giffard Clerk, may be permitted to enter into a Recognizance, on account of his Appeal depending in this House; he being absent:"

It is Ordered, That the said Charles Chambers may be permitted to enter into a Recognizance for the said Appellant, as desired.

Cotton against More & al.:

This Day being appointed, for hearing Counsel, upon the Petition and Appeal of John Cotton Esquire; complaining of a Decree of the Court of Exchequer, the Report of the Deputy Remembrancer, and also of an Order or Decree of the same Court, of the 31st of January 1733, to which Appeal Dame Osbaston Sophia More, Widow and Executrix of Sir Joseph Edmonds More Baronet, deceased, and also Administratrix of the Goods and Chattels unadministered of Sir Cleave More Baronet, deceased, is Respondent.

A Petition of the said Appellant, was presented to the House, and read; praying, "In regard he is unwilling to give the House the Trouble of hearing the Matter of the said Appeal, that the same may be dismissed; he consenting to pay such Costs as the Respondent hath disbursed in Defence of the said Appeal."

And thereupon the Respondent's Counsel having been called in, and heard upon the Matter of Costs only;

And withdrawn:

Judgement.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Appeal be, and is hereby, dismissed this House; and that the Appellant do pay, or cause to be paid, to the Respondent, the Sum of One Hundred Pounds, in respect of the said Appeal.

D. of Rutland's Sons to take the Name of Sutton, Bill.

The Lord Steward reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling the Two Younger Sons of John Duke of Rutland, by Bridget late Dutchess of Rutland, and their respective Children, Progeny, and Issue, to take and use the Surname of Sutton, pursuant to the Will of Robert Lord Lexington, deceased, and in such Manner as is therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Hunningham Common Fields, to enclose, Bill.

The Lord Gower (pursuant to the Order of Thursday last) presented to the House a Bill, intituled, "An Act for enclosing the Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Hunningham, in the County of Warwick."

And the same was read the First Time.

Hoggan & al. to amend their Appeal.

A Petition of John Hoggan Provost of the Borough of Kinghorn and others, was presented, and read; praying, "That they may be at Liberty to amend their Appeal, by adding such Interlocutors made in the Cause in the Court of Session in Scotland, subsequent to those appealed against, as they are advised they should complain of."

And thereupon the Agents on both Sides being called in, and heard at the Bar;

And withdrawn:

Ordered, That the Petitioners have Liberty to amend their Appeal, as desired, they amending the Respondents Copy; and that the Respondents do put in their Answer to the Appeal, so amended, on or before Monday the 17th Day of March next.

Engel, &c. Nat. Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing Samuel Engel and John Peter Blaquiere."

Pet. of several, to be added:

Upon reading the Petition of Henry Wilckens, John Bernard Hoffshleger, Loth Specht, Wolfert Van Hemert, Noah Blisson, Peter Lemaistre, and Diederick William Toderhorst; praying, "That their Names may be inserted in the said Bill:"

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

Two more, to be added.

A Petition of John Stephen Carbonell, and Misael alias Remon Malfalguerat, to the same Purpose, was presented, and read:

And the like Order was made.

Jevers against Jevers:

The House being informed, "That Richard Brereton attended, in order to deliver in certain Papers and Proceedings in (fn. 1) this Cause:"

Pleadings proved.

He was thereupon called in.

And, attesting upon Oath, at the Bar, "That the same were true Copies, he having examined them with the Originals in the proper Offices in Ireland;"

He was directed to withdraw.

L. Castlemain to take the Name of Tylney.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable John Child, commonly called Lord Castlemain, and the Heirs of his Body, and such other Persons who, by virtue of a Settlement made by Frederick Tylney Esquire, deceased, shall be in Possession of the Estates therein limited, to take and use the Surname of Tylney."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Ld. President.
D. Leeds.
D. Bedford.
D. Buccleugh.
D. Newcastle.
D. Portland.
M. Lothian.
E. Northampton.
E. Berkshire.
E. Chesterfield.
E. Shaftesbury.
E. Warrington.
E. Findlater.
E. Ilay.
E. Oxford.
E. Strafford.
Vis. Tadcaster.
L. Bp. London.
L. B. Oxon.
L. B. Rochester.
L. B. (fn. 2) Glocestr.
L. B. Bristol.
Ld. Willoughby Par.
L. Lovelace.
L. Maynard.
L. Cornwallis.
L. Carteret.
L. Haversham.
L. Gower.
L. Hervey.
L. Onslow.
L. Lovell.

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

Adjourn.

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

DIE Martis, 18o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Norwic.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Buccleugh.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Lothian.
Comes Huntingdon.
Comes Suffolk.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Berkshire.
Comes Winchilsea.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Sutherland.
Comes Findlater.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Graham.
Comes Kerr.
Comes Fitzwalter.
Viscount Weymouth.
Viscount Tadcaster.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Barnard.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Boyle.
Ds. Middleton.
Ds. Foley.
Ds. Bathurst.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.

PRAYERS.

Eastoun against Stirling.

The Answer of William Stirling of Herbertshire Esquire, to the Appeal of Robert Eastoun and others:

Selwin against Brown.

As also, the Answer of John Brown Esquire, to the Appeal of William Selwin;

Were brought in.

L. Barnard takes the Oaths.

Gilbert Lord Barnard took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Persons sworn, to be naturalized.

Henry Wilckens, John Barnard Hoffshleger, Loth Specht, Wolfert Van Hemert, Noah Blisson, Peter Le Maistre, Diederick William Toderhorst, John Stephen Carbonell, and Misael alias Remon Malfalguerat, took the Oaths appointed, in order to their Naturalization.

Engel, &c. Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Samuel Engel and John Peter Blaquiere."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Ld. President.
D. Bolton.
D. Leeds.
D. Bedford.
D. Buccleugh.
D. Ancaster, L. G. C.
D. Newcastle.
D. Portland.
D. Manchester.
M. Lothian.
E. Huntingdon.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Westmorland.
E. Berkshire.
E. Winchilsea.
E. Litchfield.
E. Warrington.
E. Coventry.
E. Balcarras.
E. Oxford.
E. Strafford.
Vis. Weymouth.
Vis. Tadcaster.
L. Bp. Durham.
L. B. Oxon.
L. B. Rochester.
L. B. Hereford.
L. B. Norwich.
L. B. Glocester.
L. B. Bristol.
Ld. Abergavenny.
L. Willoughby Par.
L. Cornwallis.
L. Carteret.
L. Barnard.
L. Gower.
L. Hervey.
L. Cathcart.
L. Foley.
L. Bathurst.
L. Monson.
L. Lovell.

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Friday next; and to adjourn as they please; and that the Petitions ordered to lie on the Table till the Second Reading of the said Bill be referred to the said Committee.

Hunningham Common Fields, to enclose, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enclosing the Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Hunningham, in the County of Warwick."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Wednesday the Fifth Day of March next; and to adjourn as they please.

Persons omitting to subseribe, according to the Act of Uniformity, indemnified, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to make and subscribe the Declarations contained in the Act of Uniformity of the 13th and 14th Years of King Charles the Second, within the Time limited by Law; and for allowing further Time for doing thereof."

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

Skerret against Nisbet & al.

This Day being appointed, for hearing Counsel, in the Cause wherein Humphrey Skerret Gentleman is Appellant, and Matthew Nisbet, Son and Heir of John Nisbet, deceased, Prudence Nisbet Widow of the said John Nisbet, and John Nisbet, Henry Nisbet, Prudence Nisbet Spinster, Florinda Nisbet, and Anne Nisbet, Younger Children of the said John Nisbet, by the said Prudence the Widow, Cairncross Nisbet, Thomas Nisbet, Thomas Marley Esquire, Thomas Crofton Esquire, Richard Geering Esquire, Charles Godard Administrator with the Will annexed of the said John Nisbet deceased, William Slack Administrator of his late Father William Slack deceased, and Jane Hall Administratrix of her late Husband Joseph Hall deceased, are Respondents, ex Parte, unless they should put in their Answer before this Time; which they not having done, nor did it appear that they have had any Notice given them of the Proceedings on the said Appeal this Session of Parliament:

It is Ordered, That the hearing the said Appeal be, and is hereby, adjourned until Thursday the Twentyeighth Day of March next; and then to be peremptorily heard ex Parte, unless the Respondents think fit to appear; and if they do, they are at Liberty to put in their Answer, and to be heard, by Counsel, in their Defence, on that Day: And it is hereby further Ordered, That the Appellant do forthwith serve the Respondents, or their respective Clerks in the Court of Chancery in Ireland, with this Order.

D. of Rutland's Sons to take the Name of Sutton, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling the Two Younger Sons of John Duke of Rutland, by Bridget late Dutchess of Rutland, and their respective Children, Progeny, and Issue, to take and use the Surname of Sutton, pursuant to the Will of Robert Lord Lexington, deceased, and in such Manner as is therein mentioned."

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. Lightboun and Mr. Allen:

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

Viscountess Doneraile against Viscount Doneraile.

Ordered, That the Cause wherein Catherine Sarah Lady Viscountess Doneraile is Appellant, and Arthur Lord Viscount Doneraile and others are Respondents, which stands appointed for To-morrow, be put off to Friday; and the other Causes on Cause-days removed in Course.

Adjourn.

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

DIE Jovis, 20o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Cestriens.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Asaphen.
Epus. Meneven.
Epus. Norwic.
Epus. Bangor.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Richmond.
Dux Beaufort.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Montagu.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
March. Lothian.
Comes Huntingdon.
Comes Pembroke.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Berkshire.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Anglesey.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Grantham.
Comes Poulet.
Comes Godolphin.
Comes Cholmondeley.
Comes Crausurd.
Comes Sutherland.
Comes Morton.
Comes Loudoun.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Portmore.
Comes Ilay.
Comes Oxford.
2. Comes Cowper.
1. Comes Halifax.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North & Guilford.
Ds. Hunsdon.
Ds. St. John.
Ds. Lovelace.
Ds. Hinton.
Ds. Maynard.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. King.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Anstis against Gandy.

The Answer of John Gandy Gentleman and Frances his Wife, to the Appeal of John Anstis Garter, was brought in:

Lowther against Raw & al.

As was also, the Answer of Michael Raw and others to the Appeal of Robert Lowther.

Lords take the Oaths.

Charles Duke of Somerset and Henry Duke of Beaufort took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Selwin against Brown.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Selwin Esquire is Appellant, and Lieutenant Colonel John Brown Esquire 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.

Jevers to produce Deeds at the Hearing.

A Petition of Margaret Jevers, Respondent to the Appeal of Henry Jevers, was presented, and read; praying, "That the Appellant, or his Agent, may forthwith deliver to the Petitioner's Agent true Copies of certain Deeds of Lease and Release, alleged to be read at the Hearing of the Cause in the Court of Exchequer in Ireland (upon paying for the same); and that the Original Deeds may be produced, at the Bar of this House, at the Hearing of this Cause."

And thereupon the Agents on both Sides being called in, and heard at the Bar; and withdrawn:

Ordered, That the Appellant's Agent do deliver to the Petitioner's Agent true Copies of the said Deeds, he paying for the same; and that the Original Deeds be produced at the said Hearing in this House, according to the Prayer of the Petition.

Lord Bellew and others, Petition referred to Judges.

Upon reading the Petition of John Lord Bellew of the Kingdom of Ireland, Frances Countess of Newburgh, Gustavus Hamilton Esquire and Dorothy his Wife; praying Leave to bring in a Bill, to supply the Defects of an Act passed in Ireland, in the Eighth Year of the Reign of Her late Majesty Queen Anne, to enable Richard Lord Bellew to sell Part of his Estate; and also of another Act passed in the said Kingdom, in the Ninth Year of Her said late Majesty, relating to the Jointure of the Countess of Newburgh; and for other Purposes:

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

Lord Castlemaine to take the Surname of Tylney, Bill.

The Earl of Warrington reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Child, commonly called Lord Castlemain, and the Heirs of his Body, and such other Persons who, by virtue of a Settlement made by Frederick Tylney Esquire, deceased, shall be in Possession of the Estates therein limited, to take and use the Surname of Tylney," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Petition of Peers of Scotland, complaining of undue Practices in the Election of the Sixteen Peers.

The House (according to Order) proceeded to take into Consideration the Petition of James Duke of Hamilton and Brandon, Charles Duke of Queensberry and Dover, James Duke of Montrose, Thomas Earl of Dundonald, Alexander Earl of Marchmont, and John Earl of Stair, presented the 13th of this Instant February, relating to the Election of the Sixteen Peers for Scotland.

And the said Petition was read.

And an Objection being made, as to the Generality and Uncertainty of the Allegations thereof:

The Duke of Bedford acquainted the House, "That he was authorized, by the Petitioners, to inform their Lordships, that they did not intend to controvert the Election or Return of the Sixteen Peers for Scotland."

Then it was proposed, "To adjourn the further Consideration of the said Petition till To-morrow; and that, in the mean Time, the Petitioners do, in Writing duly signed, declare to this House, whether, by their Petition, they intend to controvert the Election or Return of the Sixteen Peers for Scotland, mentioned in the said Petition, or of any and which of them; or whether the Petitioners intend to proceed by Way of Complaint of the undue Methods and illegal Practices mentioned in general in the said Petition, without contesting the Right of the said Sixteen Peers, or of any of them."

Which Proposition being objected to;

And Debate thereupon:

The Question was put, "Whether the further Consideration of the said Petition shall be adjourned till To-morrow, at Two of the Clock?"

It was Resolved in the Affirmative.

Then the Question was put, "Whether to agree to the rest of the said Proposition?"

It was Resolved in the Affirmative.

And Ordered accordingly; and the Lords to be summoned.

Ordered, That the Lord Chancellor do write Letters to the several Petitioners, to acquaint them with the said Order.

Causes put off.

Ordered, That the Cause wherein Catherine Sarah Lady Viscountess Donneraile is Appellant, and Arthur Lord Viscount Donneraile & al. are Respondents, which stands for an Hearing To-morrow, be put off to Monday next; and that the other Causes on Cause-days be removed in Course.

Adjourn.

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

Footnotes

1 Sic.
2 Origin, Cocester.