House of Lords Journal Volume 23
March 1728, 1-10

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History of Parliament Trust

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1767-1830

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200-207

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'House of Lords Journal Volume 23: March 1728, 1-10', Journal of the House of Lords volume 23: 1727-1731 (1767-1830), pp. 200-207. URL: http://british-history.ac.uk/report.aspx?compid=113924 Date accessed: 30 August 2014.


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March 1727, 1-10

DIE Sabbati, 2o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Bath & Well.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landavens.
Epus. Cestriens.
Epus. Asaphens.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Manchester.
March. Tweeddale.
Comes Huntingdon.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Sandwich.
Comes Litchfield.
Comes Coventry.
Comes Cholmondeley.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Halifax.
Comes Harborough.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Lymington.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Herbert.
Ds. Haversham.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Wilmington.

PRAYERS.

Crosley versus Shadforth.

The Answer of George Shadforth, to the Appeal of Nathaniel Crosley:

Braine et al. versus Wollaston Ux.

As also, the Answer of Richard Wollaston Esquire and Rebecca his Wife, Two of the Respondents to the Appeal of William Braine and Elizabeth his Wife, and Henry Mytton;

Were this Day brought in.

Bealing's Petition referred to Judges.

Upon reading the Petition of Anna Elizabetha Bealing, a Minor, of the Age of Four Years or thereabouts, by Anne Bealing Widow, her Grandmother and next of Kin; praying Leave to bring in a Bill, to appoint a Guardian or Guardians to the Petitioner; and to enable such Guardian or Guardians, appointed on that Behalf, during her Minority, to grant Leases of certain Messuages, Ground, and Hereditaments, therein mentioned, for any Term of Years not exceeding Sixty-five Years, pursuant to a Power in a Deed of Settlement in the Petition set forth:

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

Collins Petition referred to Judges.

Upon reading the Petition of Henry Collins Gentleman and Anne his Wife, and of Mary Collins their Daughter, a Minor, now of the Age of Four Years, or thereabouts; praying Leave to bring in a Bill, to invest the Estate of the Petitioner the Minor, in and to One Fifth Part of certain Leasehold Premises in Crondal, in the County of Southampton, in Trustees, to be sold, for the Sum of One Thousand Two Hundred Pounds; and for laying out the Money arising by Sale thereof in the Purchase of Lands or Hereditaments; and in the mean Time be placed out, on Government or other good Securities, for the Use of the Petitioners the said Henry and Anne Collins, for the Life of the said Anne; and, after her Decease, for the Use of the Petitioner the said Mary Collins the Minor:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Justice of the Court of Common Pleas; with the usual Directions, according to the Standing Orders.

Bromley et al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of William Bromley Esquire and Mary his Wife, Nathaniel Pearce Gentleman and Jane his Wife, 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 the Estate of William Bromley Esquire and Mary his Wife, lying at Sundon, in the County of Bedford, in Trustees, to be sold, pursuant to an Agreement in their Marriage Settlement."

Dutchess of Portland's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Guardians of the Lord George Bentinck, Second Son of Henry late Duke of Portland to make Leases of certain Houses, Grounds, and Tenements, in Soho, during the Minority of the said Lord George for making Provision for his Maintenance; and for other Purposes therein mentioned."

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

Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Montrose.
March. Tweeddale.
Comes Northampton.
Comes Westmorland.
Comes Sandwich.
Comes Litchfield.
Comes Coventry.
Comes Cholmondeley.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Halifax.
Comes Macclesfield.
Vis. Say & Seale.
Vis. Tadcaster.
Arch. Ebor.
Epus. Winton.
Epus. Litch. & Cov.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Bristol.
Epus. Cestriens.
Epus. Bangor.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Maynard.
Ds. Lynne.
Ds. Herbert.
Ds. Haversham.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Wilmington.

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

Lords take the Oaths.

This Day Charles Earl of Tankerville, John Lord Viscount Lymington, and Henry Lord Bishop of Hereford, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

White's Appeal dismissed, no Recognizance being entered into:

Whereas a Petition and Appeal of Nicholas White Gentleman, to which Lewis Jones Gentleman is Respondent, was received by this House the First of February 1726:

And the House being this Day moved, "That the same may be dismissed; no Recognizance having yet been entered into, as required by the Standing Order of this House:"

And thereupon the said Standing Order being read:

And the Clerk acquainting the House, "That no Recognizance had been entered into, pursuant thereunto:"

It is Ordered, That the said Appeal be, and is hereby, dismissed this House.

Penalty in Recognizance dcubled.

The Order of the Day being read, for taking into Consideration the Standing Order of this House, of the Twenty-sixth of January 1710, in relation to the entering into Recognizances on Appeals, in the Penalty of One Hundred Pounds to Her then Majesty, for the Payment of Costs given upon the Dismission of such Appeals:

And the said Standing Order being read:

It is Ordered, That the Penalty to be contained in such Recognizances for the future shall be the Sum of Two Hundred Pounds.

And it being moved, "That the same be made a Standing Order:"

It is Ordered, That on Monday next this House will take the said Motion into Consideration; and the Lords to be summoned.

Matters relating to the Proceedings on Appeals and Writs of Error.

The other Order of the Day being read, for taking into Consideration Matters relating to the Proceedings on Appeals and Writs of Error:

Ordered, That the House be now put into a Committee thereupon.

Accordingly the House was adjourned during Pleasure, and put into the said Committee.

And, after some Time spent therein, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had come to the following Resolution; (videlicet,)

Resolved, That it is the Opinion of this Committee, That, at the Hearing of Causes for the future, One of the Counsel for the Appellants shall open the Cause; then the Evidence on their Side shall be read; which done, the other Counsel for the Appellants may make Observations on the Evidence: Then One of the Counsel for the Respondents shall be heard, and the Evidence on their Side to be read; after which, the other Counsel for the Respondents shall be heard, and One Counsel only for the Appellants to reply."

Which Resolution, being read by the Clerk, was agreed to by the House, and ordered accordingly.

And it being moved, "That the same may be made a Standing Order:"

It is Ordered, That, on Monday next, this House will take the said Motion into Consideration; and the Lords to be summoned.

His Lordship further reported from the said Committee, "That the House be desired to appoint another Time, to be in a Committee again."

Ordered, That, on Thursday next, this House shall be put into a Committee again, to take into further Consideration Matters relating to the Proceedings on Appeals and Writs of Error.

No Motion to appoint a Byeday, for a Cause to be granted the same Day.

Ordered, That, for the future, no Motion shall be granted for appointing a Bye-day for the Hearing of any Cause the same Day it is made; but that a future Day be appointed, for considering such Motion; and the Lords to be summoned.

Wheler's Petition referred to Judges.

Upon reading the Petition of Granvillc Wheler of Otterden Place in the County of Kent, and Lady Cathcrine his Wife, for themselves, and in Behalf of Theophilus Wheler, an Infant of tender Years, their only Son, and Francis Gilbourn Wheler the Elder Esquire, and his Son and Heir Apparent, Francis Gilbourn Wheler the Younger; praying Leave to bring in a Bill, for discharging certain Lands in the County of South'ton from the Uses in the Petition mentioned, and making absolute the Settlement made in Lieu thereof; and establishing the Jointure of the Petitioner the Lady Catherine, in other Lands and Hereditaments:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Lunæ, quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 4o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Eliens.
Epus. Lincoln.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Epus. Bangor.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Graston, Camerarius.
Dux Somerset.
Dux St. Albans.
Dux Bolton.
Dux Rutland.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Comes Pembroke & Montgomery.
Comes Northampton.
Comes Sunderland.
Comes Sandwich.
Comes Litchfield.
Comes Berkeley.
Comes Scarbrough.
Comes Coventry.
Comes Godolphin.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Findlater.
Comes Dunmore.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Torrington.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Maynard.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Craven.
Ds. Guilford.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Cadogan.
Ds. Ducie.
Ds. Wilmington.

PRAYERS.

D. of Gordon versus E. of Murray et al.

The joint and several Answers of Charles Earl of Murray, Sir Harry Innes and Sir James Suttie Baronets, and William Duff Esquire, to the Appeal of Alexander Duke of Gordon and Elizabeth Dutchess Dowager of Gordon:

Heron versus Heron and Aynsley.

As also, the Answer of George Heron and John Aynsley, Two of the Respondents to the Appeal of George Heron;

Were this Day brought in.

Lords take the Oaths.

William Lord Berkeley of Stratton took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Also, James Earl of Berkeley and William Lord Craven took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Double the Penalty in Recognizances to be a Standing Order.

The House (according to Order) proceeded to take into Consideration the Motion made on Saturday last, for making the Variation of the Penalty, to be contained in Recognizances on Appeals, for the future, to be the Sum of Two Hundred Pounds, a Standing Rule.

And thereupon the Variation then agreed to, being read, was ordered and declared to be a Standing Rule, and to be altered in the Roll of Standing Orders; and printed and published, and affixed on the Doors of this House and Westminster Hall.

Order, directing how Counsel shall proceed on Appeals, a Standing Order.

Likewise the House (according to Order) took into Consideration the Motion made on Saturday last, for declaring the Order then agreed to, directing how the Counsel should proceed in hearing Appeals, a Standing Order.

And the said Order, being read, was declared to be a Standing Order; and ordered to be entered on the Roll and printed and published, and affixed on the Doors of this House and Westminster Hall.

Order for Mr. Fane's Attendance discharged.

The House was informed, "That Rodney Fane Esquire, One of the Counsel who signed the Appeal of Mary Thurston Widow, to which John Essington Esquire and his Wife were Respondents, and who was ordered to attend on Thursday next, was at the Door:"

He was called in; and acquainted the House, "That he did sign the said Appeal, as Counsel; and fully intended to have appeared at the Bar, to have pleaded in the Cause; but his Wife falling extremely ill in the Country, he was obliged to go down to her, in regard her Life was despaired of; and submitted it to their Lordships Consideration."

And being withdrawn:

It is Ordered, That the Order for the Attendance of the said Rodney Fane on Thursday next be, and is hereby, discharged.

D. of Gordon versus E. Murray et al.

The House being moved, "That Thursday the Fourth Day of April next may be appointed, for hearing the Cause wherein Alexander Duke of Gordon and Elizabeth Dutchess Dowager of Gordon are Appellants, and Charles Earl of Murray and others are Respondents:"

Motion for a Bye-day.

It is Ordered, That this House will, on Thursday next, take the said Motion into Consideration; and the Lords to be summoned.

Crosley's Petition for a Byeday, to be considered.

Upon reading the Petition of Nathaniel Crosley, Appellant in a Cause depending in this House, to which George Shadforth is Respondent; praying, "In regard he apprehends the Hearing the said Cause will not take up above Half an Hour's Time, that a Bye-day may be appointed for hearing the same:"

It is Ordered, That, on Thursday next, this House will take the said Petition into Consideration; and the Lords to be summoned.

Sir Halswell Tynte et al. Petition referred to Judges.

Upon reading the Petition of Sir Halswell Tynte Baronet, Dame Mary his Wife, William Scourfield Esquire and Anne his Wife, and of Thomas Penry Esquire, and Gregory Parry Clerk; praying Leave to bring in a Bill, for vesting the Petitioner Dame Mary's Real Estate in Trustees, upon Trust; and to the Intent that they may, with the Consent of the Petitioners, or the Survivor of them, convey and assure the same to the Uses, and upon the Trusts, in certain Articles in the Petition mentioned, at or after such Time as the Petitioner Sir Halswell shall make such Settlement of his Real Estate as by the said Articles he hath agreed to do:

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.

Farewell etUx. versus Cokers.

After hearing Counsel in Part, upon the Petition and Appeal of Nathaniel Farewell Esquire and Susannab his Wife; complaining of Part of a Decree of the Court of Chancery, made the Sixteenth of July 1726; as also of a Decree of the said Court, of the Twenty-fifth of February following, in certain Causes, wherein the Appellants were Plaintiffs, and William Coker Esquire and Thomas Coker Gentleman were Defendants; et è contra: As also upon the Answer of the said William Coker and Thomas Coker put in to the said Appeal:

It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow, at Twelve a Clock; and that the Cause wherein Sarah Dutchess Dowager of Marlborough and others are Appellants, and William Guidott Esquire is Respondent, which stands to be heard on that Day, be put off till Friday next; and the other Causes removed in Course.

Adjourn.

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

DIE Martis, 5o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch & Cov.
Epus. Petriburg.
Epus. Eliens.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
Dux Somerset.
Dux St. Albans.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
March. Tweeddale.
Comes Huntingdon.
Comes Northampton.
Comes Westmorland.
Comes Winchilsea.
Comes Sandwich.
Comes Litchfield.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Lymington.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Cadogan.
Ds. Wilmington.

PRAYERS.

Bishop of Ely takes the Oaths.

This Day Thomas Lord Bishop of Ely took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witrieffes were sworn and examined.

Farewell et Ux. versus Cokers:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Nathaniel Farewell Esquire and Susannah his Wife; complaining of Part of a Decree of the Court of Chancery, of the Sixteenth Day of July 1726; and also of a Decree of the same Court, of the Twenty-fifth of February following, in certain Causes, wherein the Appellants were Plaintiffs, and William Coker Esquire and Thomas Coker were Defendants, et è contra; and praying, "That the same may be reversed, varied, and amended:" As also upon the Answer of the said William Coker and Thomas Coker 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 so much of the said Decree of the Sixteenth of July 1726 as is therein complained of, as also the said Decree of the Twenty-fifth of February following, be, and are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondents, the Sum of Thirty Pounds, for their Costs in respect of the said Appeal.

Bromley's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Estate of William Bromley Esquire and Mary his Wife, lying at Sundon, in the County of Bedford, in Trustees, to be sold, pursuant to an Agreement in their Marriage Settlement."

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

Ds. Trevor, C. P. S.
Dux Dorset, Senescallus.
March. Tweeddale.
Comes Westmorland.
Comes Winchilsea.
Comes Sandwich.
Comes Litchfield.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Ilay.
Comes Strafford.
Comes Uxbridge.
Comes Macclesfield.
Vis. Say & Seale.
Vis. Tadcaster.
Vis. Cobham.
Epus. London.
Epus. Oxon.
Epus. Petriburg.
Epus. Carliol.
Epus. Menevens.
Epus. Bristol.
Epus. Cestriens.
Epus. Bangor.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Maynard.
Ds. Lynne.
Ds. Craven.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Cadogan.
Ds. Wilmington.

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

Ld. Ducie and Neale, to enclose Common Field Lands in Cherrington, Leave for a Bill.

Upon reading the Petition of the Right Honourable Mathew Lord Ducie and John Neale Esquire, Lord of the Manor of Cherrington, in the County of Gloucester, in Behalf of themselves and the other Proprietors of the Common Field Lands in the said Parish of Cherrington; praying Leave to bring in a Bill, for enclosing the said Common Fields and Wastes, and dividing the same by Allotments to the Proprietors of Lands there, according to their respective Interests therein, in such Manner, and by such Methods, as to this House shall seem meet:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Oldenburg et al. Nat. Bill; special Report put off.

Whereas Thursday next is appointed, to receive the Report of the special Matter from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Adam Oldenburg and Phillipe Dumoustier," was committed:

It is Ordered, That the said Report be received on that Day Sevennight; and the Lords to be summoned; and that the Clerks do search Precedents, as before directed.

Statute of Limitations to render more effectual, Bill.

Whereas Thursday next is also appointed, for the House to be in a Committee on the Bill, intituled, An Act for rendering Part of the Act for Limitation of Actions, and for avoiding Suits in Law, more effectual:"

It is Ordered, That the House be put into a Committee thereupon, on that Day Sevennight.

Matter relating to Appeals and Writs of Error put off.

Whereas Thursday next is likewise appointed, for the House to be in a Committee, to take into further Consideration Matters relating to the Proceedings on Appeals and Writs of Error:

It is Ordered, That the House be put into the said Committee again, on that Day Sevennight.

D. of Gordon versus E. of Murray et al.

Whereas Thursday next is also appointed, to take into Consideration the Motion made Yesterday, to appoint the Fourth of April next, for hearing the Cause wherein Alexander Duke of Gordon and Elizabeth Dutchess Dowager of Gordon are Appellants, and Charles Earl of Murray and others are Respondents:

Motion for a Bye-day put off.

It is Ordered, That this House will, on that Day Sevennight, take the said Motion into Consideration; and the Lords to be summoned.

Crosley's Petition for a Bye-day, Consideration put off.

Whereas Thursday next is likewise appointed, to take into Consideration the Petition of Nathaniel Crosley; praying a Bye-day may be appointed, for hearing his Appeal, to which George Shadforth is Respondent:

It is Ordered, That, on that Day Sevennight, this House will take the said Petition into Consideration; and the Lords to be summoned.

Adjourn.

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

DIE Veneris, 8o Martii.

Domini tam Spirituales quam. Temporales præsentes. fuerunt:

Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Oxon.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.
Epus. Cestriens.
Epus. Asaphens.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, C. P. S.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
March Tweeddale.
Comes Huntingdon.
Comes Lincoln.
Comes Leicester.
Comes Northampton.
Comes Warwick & Holland.
Comes Winchilsea.
Comes Chesterfield.
Comes Sunderland.
Comes Sandwich.
Comes Clarendon.
Comes Burlington.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Marchmont.
Comes Delorainc.
Comes Ilay.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Viscount Say & Seale.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Ashburnham.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Wilmington.

PRAYERS.

Goostrey versus Slaughter.

The Answer of Chambers Slaughter Gentleman, to the Appeal of William Goostrey Gentleman, was this Day brought in.

E. of Shaftesbury and his Countess, Petition referred to Judges.

Upon reading the Petition of the Right Honourable Anthony Earl of Shaftesbury and Susannah Countess of Shaftesbury his Wife; praying Leave to bring in a Bill, to enable the Petitioner the Earl, during his Minority, to settle a Jointure on the Petitioner the Countess, in Lieu and Bar of her Dower, or Thirds at the Common Law:

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

E. of Buchan's Petition referred to Judges.

Upon reading the Petition of the Right Honourable David Earl of Buchan, on Behalf of himself and his Children by Frances his late Wife, and of Paul Iodrell the Elder of Chancery Lane in the County of Middlefex Esquire, and Paul Iodrell of Lincoln's Inn in the said County Esquire, Trustees for the Petitioner the Earl and his Children; praying Leave to bring in a Bill, for Sale of Part of an Estate in the Petition mentioned, 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.

Wm. Le Grand to enter into Recognizance for Le Grand.

The House being moved, "That William Lewis Le Grand Esquire may be permitted to enter into a Recognizance for Jacob George Le Grand Merchant, on account of his Appeal depending in this House, to which Gerrard Vanneck is Respondent; the Appellant being beyond Sea:"

It is Ordered, That the said William Lewis Le Grand may enter into a Recognizance for the said Appellant, as desired.

Bealing, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Anna Elizabetha Bealing, a Minor, of the Age of Four Years or thereabouts, by Anne Bealing Widow her Grandmother, 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 to enable the Guardians of Anna Elizabetha Bealing, an Infant about Four Years old, appointed by this Act, to grant Building Leases of her Fourth Part and Share of and in certain Messuages, Ground, and Hereditaments, in or near the Parish of St. Andrew Holborn, in the County of Middlesex."

Meron versus Heron et al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Heron is Appellant, and George Heron, an Infant, by Fenwick Downes his Guardian, and others, 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.

Respondents to Roberts's Cross Appeal, peremptorily to answer in a Week.

The House was informed, "That Edmund Lock, Henry Nelthrope and Joan his Wife, Elizabeth Seaman, Thomas Vere and Frances his Wife, Richard Berney, and Robert Bene, who, by Order of this House of the Twentieth of February last, were required to put in their Answer or respective Answers to the Cross Appeal of John Roberts Esquire on or before Tuesday the Fifth Instant, have neglected to put in their An swers thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by Thomas Denne of Stepney Gentleman, 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 Cross Appeal, in a Week.

Donnellan versus Sir Thomas Taylor et al.

The House was informed, "That a Person attended, and desired to deliver in several Papers and Proceedings, in the Cause wherein William Donnellan Gentleman and others are Appellants, and Sir Thomas Taylor Baronet and William Taaffe Esquire are Respondents."

Papers proved.

Whereupon Peter Fay Gentleman was called in; and, being sworn, delivered in the said Papers and Proceedings at the Bar; and attested, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Dut. Dowager of Marlborough et al. versus Guidott.

After hearing Counsel in Part, upon the Petition and Appeal of Sarah Dutchess Dowager of Marlborough, Francis Earl of Godolphin, William Clayton Esquire, and John Hanbury Esquire, the Four acting Executors of the last Will and Testament of John late Duke of Marlborough and others; complaining of a Decree of the Court of Chancery, of the Fifteenth Day of November 1726, in a Cause wherein the Appellants were Plaintiffs, and William Guidott Esquire and others were Defendants; and praying, "That the same may be reversed, and varied in several Particulars:" As also upon the Answer of the said William Guidott put in to the said Appeal:

It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow, at Eleven a Clock.

Adjourn.

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

DIE Sabbati, 9o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Oxon.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.
Epus. Cestriens.
Epus. Asaphens.
Epus. Bangor.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, C. P. S.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Manchester.
March. Tweeddale.
Comes Lincoln.
Comes Leicester.
Comes Northampton.
Comes Warwick & Holland.
Comes Winchilsea.
Comes Sunderland.
Comes Sandwich.
Comes Clarendon.
Comes Burlington.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Buchan.
Comes Hadinton.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Viscount Say & Seale.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Ashburnham.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Wilmington.

PRAYERS.

E. of Warrington takes the Oaths.

This Day George Earl of Warrington took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Davie's and Hooper's Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming the Partitions of the Estates late of Sir William Davie Baronet, deceased, among his Coheirs; and for settling their Shares thereof in Severalty, to the same Uses to which their several undivided Parts thereof stood limited before the Partition," was committed: "That they had considered the said Bill; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Dut. Dowager of Marlborough et al. versus Guidott;

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Sarah Dutchess Dowager of Marlborough, Francis Earl of Godolphin, William Clayton Esquire, and John Hanbury Esquire, the Four acting Executors of the last Will and Testament of John late Duke of Marlborough and others; complaining of a Decree of the Court of Chancery of the Fifteenth Day of November 1726, in a Cause wherein the Appellants were Plaintiffs, and William Guidott Esquire and others were Defendants; and praying, "That the same may be reversed, and varied in the several Particulars following; (videlicet,) That the said Defendant Guidott may accompt for, and pay to the Appellants, the Rents and Profits of Sir William Gostwick's Estate received by Christopher Widmore, the Sum of Three Hundred Pounds received of the Duke of Grafton, with Interest from the Time of receiving the same; and also Interest for the several Sums of Four Hundred and Twenty Pounds, and One Hundred and Fifty Pounds, from the respective Times of the Receipt thereof; and likewise that the said Defendant may pay the Costs of the Suit in Chancery:" As also upon the Answer of the said William Guidott put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Decree reversed, and Issue at Law directed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Respondent do pay Interest for the Four Hundred and Twenty Pounds received by him from Sir Charles Hedges, and for the One Hundred and Fifty Pounds received from the Dutchess of Bedford, from the Time of the respective Receipts; and also that the Respondent do pay the Principal Sum of Three Hundred Pounds, received by him of the Duke of Grafton the Third of November 1714, with Interest for the same from that Time: And it is further Ordered and Adjudged, That so much of the Decree complained of in the said Appeal, as dismisseth that Part of the Appellants Bill, which seeks to compel the Respondent to accompt for, and pay to the Appellants, the Rents and Profits of Sir William Gostwick's Estate, received by one Christopher Widmore, be, and is hereby, reversed: And it is hereby further Ordered, That the Court of Chancery do direct this Issue to be tried in the Court of King's Bench; (videlicet,) "Whether Christopher Widmore, who received the Rents and Profits of Sir William Gostwick's Estate, acted in such Receipt as Agent and Servant to the Respondent;" wherein the Appellants, the Executors of the said late Duke of Marlborough, are to be Plaintiffs, and the Respondent Defendant; and that the Matter of Costs, upon the whole Cause between the Parties, shall be determined by the Court of Chancery, after the Trial had, and the Resort back of the Parties to the said Court thereon.

Wheler, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Granville Wheler Esquire and Lady Catherine his Wife, 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 vesting the Manors of Shirfield, and divers Lands and Hereditaments, in the County of Southampton, the Estate of Granville Wheler Esquire, in Trustees, discharged of the Uses in a former Settlement; he having settled an Estate in the County of Kent to the same Uses, in Lieu thereof."

Adjourn.

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