House of Lords Journal Volume 24: February 1736, 21-28

Journal of the House of Lords Volume 24, 1732-1737. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 24: February 1736, 21-28', in Journal of the House of Lords Volume 24, 1732-1737, (London, 1767-1830) pp. 595-598. British History Online https://www.british-history.ac.uk/lords-jrnl/vol24/pp595-598 [accessed 25 April 2024]

In this section

February 1736, 21-28

DIE Martis, 24o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Cestriens.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landaven.
Epus. Meneven.
Epus. Glocestr.
Epus. Bristol.		 Ds. Talbot, Cancellarius.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Montagu.
Dux Buccleuch.
Dux Atholl.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
March. Lothian.
Comes Pembroke & Montgomery.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Peterborow.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Selkirk.
Comes Orkney.
Comes Portmore.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.		 Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Poulet.
Ds. Carteret.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. King.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.

PRAYERS.

Scrope against Offley.

The Answer of Joseph Offley Esquire, to the Appeal of Gervase Scrope Esquire and Anne his Wife, was brought in.

Bentley, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Penelope Bentley Widow, in Behalf of herself and Charles and Penelope her Son and Daughter; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Equity of Redemption of all the Lands of Inheritance and Leasehold Estates late of Charles Bentley Esquire, deceased, lying in the County of Worcester, in Trustees, to be sold, for Payment of his Debts, and making some Provision for Penelope his Widow, and Charles and Penelope, Infants, his Son and Daughter."

The King's Answer to the Address for a State of the National Debt.

The Lord Steward acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty their Lordships Address on Friday last, for a State of the National Debt; and that His Majesty was pleased to say, He will give Order that the same be laid before this House accordingly."

Articles of War and List of Officers, delivered.

The House being informed, "That Mr. Arnold, from the War-office, attended:"

He was called in; and delivered, at the Bar, pursuant to the Address of this House on Thursday last,

"The Articles of War, intended to be established for the Year ensuing."

And also, "A List of the Promotion of the Officers of the Army, since the 25th of March 1735; distinguishing such of the said Officers as were in His Majesty's Service, or in Half-pay, before the said 25th of March, with the Dates of the Commissions of such Officers."

And then he was directed to withdraw.

And the Titles of the said Articles and List were read.

L. Ch. Cavendish, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Charles Cavendish Esquire, commonly called Lord Charles Cavendish; 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 the Estate purchased by the Trustees of Charles Cavendish Esquire, commonly called Lord Charles Cavendish, from the Trusts of his Settlement; and for enabling the said Trustees to sell and dispose of the same, for the Purposes therein mentioned."

Parker's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vacating the Grants and Settlements of certain Manors and Lands made by George Parker Esquire, upon the Marriage of Francis his Son with Jaquete his now Wife; and for settling other Lands instead thereof."

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

Ld. Steward.
Ld. Chamberlain.
D. Buccleuch.
D. Ancaster, L. G. C.
D. Manchester.
M. Lothian.
E. Pembroke.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Shaftesbury.
E. Litchfield.
E. Rochford.
E. Coventry.
E. Orkney.
E. Ilay.
E. Oxford.
E. Strafford.
E. Cowper.
E. Fitzwalter.
E. Effingham.
V. Torrington.		 L. Bp. London.
L. B. Durham.
L. B. Oxon.
L. B. Rochester.
L. B. St. Davids.
L. B. Glocester.
L. B. Bristol.		 Ld. Harrington, Sec.
L. Hunsdon.
L. Lovelace.
L. Carteret.
L. Bathurst.
L. Onslow.
L. Hobart.
L. Lovell.

Their Lordships, or any Five of them; to meet on Wednesday the 10th Day of March next, at the usual Time and Place; and to adjourn as they please.

Lilburn's Pet. referred to Judges.

Upon reading the Petition of Robert Lilburn Gentleman, Thomas Harrison Gentleman, Jane Allison, Thomas Atkinson Merchant and Mary his Wife, Isabella Hargrave, Thomas Ord and Robert Ord Esquires, and Executors of Sir William Blackett Baronet, deceased; praying Leave to bring in a Bill, to supply the Loss of a Deed of Release, bearing Date the 29th of August 1678, granting the Moiety of an Estate and Colliery at Kenton, in the County of Northumberland, by vesting the Inheritance thereof in the Petitioner Robert Lilburn, and some other Person or Persons, that the same may be subject to the Dispositions made by his Father's Will, and be sold, for the Purposes mentioned in a Decree and Orders of the Court of Chancery, in the Petition mentioned, as effectually as if the said Deed could now be produced:

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

Pitt's Pet. referred to Judges.

Upon reading the Petition of George Speke Esquire and Samuel Walkey Esquire, as Guardians and on Behalf of Samuel Pitt, an Infant; praying Leave to bring in a Bill, to enable the Petitioners, in the Name of the said Infant, to compound a Debt in the Petition mentioned, certified by a Master in Chancery to be due to him from Samuel Pitt his Nephew, by accepting the Sum of Fourteen Thousand Pounds in Satisfaction of the Whole; and, upon Receipt thereof, to give such Release as may effectually discharge the Sum so certified due from the said Nephew:

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.

Baillie to enter into Recognizance for Nairn.

The House being moved, "That Alexander Baillie, of Lyon's Inn, Gentleman, Agent for John Nairn Esquire, may be permitted to enter into a Recognizance for him, on account of his Appeal depending in this House; he being in Scotland:"

It is Ordered, That the said Alexander Baillie may enter into a Recognizance for the Appellant, as desired.

Acts against Witchcraft, to repeal, Bill.

The Order for the House to be put into a Committee upon the Bill, intituled, "An Act to repeal the Statute made in the First Year of the Reign of King James the First, intituled, "An Act against Conjuration, Witchcraft, and dealing with evil and wicked Spirtis," except so much thereof as repeals an Act of the Fifth Year of the Reign of Queen Elizabeth, against Conjurations, Enchantments, and Witchcrafts," being read:

The said Statute of King James the First was likewise read.

After Debate;

Ordered, That the House be put into a Committee upon the said Bill on Thursday next; and that the Judges do then attend.

Mutiny 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.

Adjourn.

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

DIE Jovis, 26o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.		 Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Leeds.
Dux Montagu.
Dux Buccleuch.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
March. Lothian.
Comes Pembroke & Montgomery.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Berkshire.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Shaftesbury.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Craufurd.
Comes Orkney.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Rockingham.
Comes Tankerville.
Comes Bristol.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Viscount Falmouth.
Viscount Torrington.		 Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Lovelace.
Ds. Poulet.
Ds. Maynard.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.

PRAYERS.

Philips, to take the Name of Lee, Bill.

Upon reading the Petition of Robert Phillips Esquire, now called Robert Phillips Lee; praying Leave to bring in a Bill, for enabling him and his Issue Male to take and use the Surname of Lee, pursuant to the Will of Robert Lee Esquire, the Petitioner's late Great Uncle, deceased:

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

Then the Earl of Orkney accordingly presented to the House a Bill, intituled, "An Act to enable Robert Phillips Esquire, and his Issue Male, to take and use the Surname of Lee, pursuant to the Will of Robert Lee Esquire, deceased."

And the same was read the First Time.

E. of stamford, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Harry Earl of Stamford, for himself and on the Behalf of his Eldest Son and Heir Apparent, an Infant; praying Leave be given 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 to enable Harry Earl of Stamford, and Harry Gray Esquire, commonly called Lord Gray, Son and Heir Apparent of the said Earl, to make a Settlement upon the Marriage of the said Lord Gray, notwithstanding his Infancy."

L. Ch. Cavendish's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for discharging the Estate purchased by the Trustees of Charles Cavendish Esquire, commonly called Lord Charles Cavendish, from the Trusts of his Settlement; and for enabling the said Trustees to sell and dispose of the same, for the Purposes therein mentioned."

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

Ld. President.
L. Steward.
D. Buccleuch.
D. Greenwich.
D. Manchester.
M. Lothian.
E. Pembroke.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Berkshire.
E. Winchilsea.
E. Shaftesbury.
E. Rochford.
E. Coventry.
E. Ilay.
E. Oxford.
E. Strafford.
E. Pomfret.
E. Graham.
E. Fitzwalter.
Vis. Falmouth.
Vis. Torrington.		 L. Bp. London.
L. B. Oxon.
L. B. Roffen.
L. B. Landaff.
L. B. Glocester.		 Ld. Harrington, Sec.
L. Delawarr.
L. Lovelace.
L. Maynard.
L. Carteret.
L. Haversham.
L. Bathurst.
L. Onslow.
L. Hobart.
L. Lovell.

Their Lordships, or any Five of them; to meet on Friday the 12th Day of March next, at the usual Time and Place; and to adjourn as they please.

Bentley's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Equity of Redemption of all the Lands of Inheritance and Leasehold Estates late of Charles Bentley Esquire, deceased, lying in the County of Worcester, in Trustees, to be sold, for Payment of his Debts, and making some Provision for Penelope his Widow, and Charles and Penelope, Infants, his Son and Daughter."

Ordered, That the said Bill be committed to 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.

E of Pembroke's Bill.

Ordered, That all the Lords who shall be present this Day in the House, and are not of the Committee to whom is referred a Private Bill relating to the Earl of Pembroke, be added to that Committee.

White, Leave for a Bill to divide West Stafford Commons.

Upon reading the Petition of George White Esquire, Lord of the Manor of West Stafford, otherwise Stafford Bingham, and Patron of the Advowson of the Church of West Stafford cum Froome Bellett, in the County of Dorset, Nicholas Gould Esquire, Lord of the Manor of Froome Bellett and West Stafford, Thomas Stuckey Clerk, Rector of the Parish Church of West Stafford cum Froome Bellett, and Mary Talbott Widow, Guardian of William Talbott, an Infant; praying Leave to bring in a Bill, for enclosing and dividing several Common Fields and Common Grounds, in the Parish of West Stafford aforesaid:

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

L. Bellow's Pet. referred to Judges.

Upon reading the Petition of John Lord Bellow in the Kingdom of Ireland, and Dorothy Hamilton his Sister; praying Leave to bring in a Bill, for Sale of a competent Part of an Estate, in the Petition mentioned, in the County of Lowth, in the said Kingdom, for discharging Incumbrances, and other Purposes in the Petition expressed:

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

Sawbridge & al. peremptorily to answer Brett's Appeal.

The House being informed, "That Jacob Sawbridge and others, Respondents to the Appeal of Nathaniel Wilkins Brett, had not put in their Answer thereunto, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit, made by Thomas Day, of The Inner Temple, London, Gentleman, of the due Service of the said Order, being read:

It is Ordered, That the Respondents to the said Appeal do peremptorily put in their Answer or respective Answers, in a Week.

Acts against Witchcraft, to repeal, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to repeal the Statute made in the First Year of the Reign of King James the First, intituled, "An Act against Conjuration, Witchcraft, and dealing with evil and wicked Spirits," except so much thereof as repeals an Act of the Fifth Year of the Reign of Queen Elizabeth, against Conjurations, Enchantments, and Witchcrafts."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto; which he would be ready to report, when the House will please to receive the same."

Ordered, That the said Report be received on Tuesday next.

Adjourn.

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

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