House of Lords Journal Volume 24
February 1735, 1-10

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History of Parliament Trust

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Year published

1767-1830

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450-457

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'House of Lords Journal Volume 24: February 1735, 1-10', Journal of the House of Lords volume 24: 1732-1737 (1767-1830), pp. 450-457. URL: http://british-history.ac.uk/report.aspx?compid=114027 Date accessed: 23 September 2014.


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February 1735, 1-10

DIE Lunæ, 3o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Cestriens.
Epus. Sarum.
Epus. Asaphen.
Epus. Meneven.
Epus. Norwic.
Epus. Carliol.
Epus. Glocestr.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Leeds.
Dux Bedford.
Dux Rutland.
Dux Montagu.
Dux Buccleuch.
Dux Atholl.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
March. Lothian.
Comes Huntingdon.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Berkshire.
Comes Thanet.
Comes Litchfield.
Comes Abingdon.
Comes Warrington.
Comes Rochford.
Comes Jersey.
Comes Poulet.
Comes Cholmondeley.
Comes Sutherland.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Portmore.
Comes Hoptoun.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Ashburnham.
Comes Effingham.
Comes Malton.
Viscount Tadcaster.
Viscount Falmouth.
Viscount Lymington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North & Guilford.
Ds. Hunsdon.
Ds. Hinton.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Hervey.
Ds. Cathcart.
Ds. Montjoy.
Ds. Middleton.
Ds. Onslow.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Paschall against Gwyn.

The Answer of Edward Prideaux Gwyn Esquire, to the Appeal of Elizabeth Paschall Spinster, was brought in.

Herron against E. Galloway.

As was also, the Answer of James Earl of Galloway, to the Appeal of Patrick Herron and others.

D. of Leeds takes his Seat.

This Day Thomas Duke of Leeds sat first in Parliament, after the Death of his Father Peregrine Duke of Leeds; having first taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Lords take the Oaths.

The Lords following also took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; (videlicet,)

Sackville Earl of Thanet.

Philip Earl of Harborough.

Archibald Earl of Ilay.

John Earl of Bristol.

Henry Viscount Tadcaster.

Francis Lord Middleton.

Baillie's Pet. referred to a Committee.

Upon reading the Petition of John Baillie of Walstoun, a Lunatic, by Alexander Hammond Esquire, his Committee, and Mr. John Dicksone his Tutor of Law; setting forth, "That a Breve of Idiotry, taken out in Scotland, to have it found that the said Baillie was an Idiot, or Fatuus, is now determined; and the Petitioner Dicksone found, by an Inquisition in Scotland, to be Tutor of Law to the said Lunatic;" and praying Liberty to amend the Petitioner's Appeal, by adding the Name of the said John Dicksone; and that the same may be received, and such Order made thereupon as to the House shall seem meet:

It is Ordered, That the Lords following be appointed a Committee, to consider of the said Petition; and report to the House what they shall think proper thereupon:

Ld. President.
D. Richmond.
D. Leeds.
D. Bedford.
D. Montagu.
D. Buccleugh.
D. Newcastle.
M. Lothian.
E. Northampton.
E. Berkshire.
E. Thanet.
E. Litchfield.
E. Abingdon.
E. Warrington.
E. Cholmondeley.
E. Moreton.
E. Balcarras.
E. Ilay.
E. Oxford.
E. Strafford.
E. Cowper.
E. Macclesfield.
E. Graham.
E. Effingham.
E. Malton.
V. Tadcaster.
V. Lymington.
L. Bp. London.
L. B. Winton.
L. B. Sarum.
L. B. Glocester.
Ld. Harrington.
L. Willoughby Par.
L. Hunsdon.
L. Maynard.
L. Bruce.
L. Cornwallis.
L. Lynne.
L. Haversham.
L. Hervey.
L. Cathcart.
L. Onslow.
L. Ducie.
L. Hobart.
L. Monson.
L. Lovell.
L. Hardwicke.

Their Lordships, or any Five of them; to meet on Tuesday the 11th Instant, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Elliot to answer D. Roxburgh's Appeal.

Upon reading the Petition of John Duke of Roxburghe; praying, "In regard he has amended his Appeal, as allowed by Order of this House the last Session of Parliament, by making Captain William Elliot a Party thereunto; that the said Elliot may be required to answer the same:"

It is Ordered, That the said William Elliot may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Third Day of March next; and that Service of this Order on the Respondent's Agent or Procurator in the Court of Session in Scotland be deemed good Service.

Way against Lodge & Ux.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Juliana Way Widow is Appellant, and Ebenezar Lodge and Anna his Wife 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.

Trotter against E. March mont.

The like Motion and Order, for hearing the Cause wherein Henry Trotter of Mortounhall Esquire is Appellant, and Alexander Earl of Marchmont and Andrew Hogg are Respondents, on the next vacant Day for Causes.

Hoggan & al. against Wardlaw & al.

The like Motion and Order, for hearing the Cause wherein John Hoggan present Provost of the Borough of Kinghorn and others are Appellants, and William Wardlaw of Abden and others Respondents, on the next vacant Day for Causes.

Jevers against Jevers & al.

The like Motion and Order, for hearing the Cause wherein Henry Jevers Esquire is Appellant, and Margaret Jevers Widow, Augustine Jevers, and Arthur Blennerhasset, are Respondents, on the next vacant Day for Causes.

Ker & al. against Beugo & al.

The like Motion and Order, for hearing the Cause wherein James Ker an Infant and others are Appellants, and William Beugo Merchant and others Respondents, on the next vacant Day for Causes.

Hamilton to answer Price's Appeal.

The House was informed, "That Major Gavin Hamilton had not put in his Answer to the Appeal of Cromwell Hamilton Price Esquire, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by David Dickson Writer in Edinburgh, of the due Service of the said Order, being read:

It is Ordered, That the said Major Gavin Hamilton do peremptorily put in his Answer to the said Appeal in a Week.

Stirling to answer Eastoun's Appeal.

The House was likewise informed, "That William Stirling of Herbertshire Esquire had not put in his Answer to the Appeal of Robert Eastoun and others, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Alexander Mitchell, Writer to the Signet, of the due Service of the said Order, being read:

It is Ordered, That the said William Stirling do peremptorily put in his Answer to the said Appeal in a Week.

Selwin against Brown.

Upon reading the Petition and Appeal of William Selwin; complaining of a Decree and Dismission of the Lord Chancellor, the 16th Day of October last, made in a Cause wherein John Brown Esquire, Lieutenant Colonel in His Majesty's Army, was Plaintiff, and the Appellant Defendant, et è contra; and praying, "That the same may be reversed:"

It is Ordered, That the said John Brown may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the 17th Day of this Instant February.

Medlycott to give a Rule for bringing a Writ of Error.

Upon reading the Petition of Charles Medlycott Esquire; setting forth, "That, in Trinity Term last, he recovered a Judgement in Ejectment, in the Court of King's Bench, against Edward Lord Griffin and several of his Tenants, with Costs of Suit; but that his Lordship and Tenants have brought a Writ of Error, returnable in Parliament, in order to reverse the said Judgement;" and praying, "That the Petitioner may have Leave to give a Rule to transcribe the Record of the said Judgement, in order to bring it before this House:"

It is Ordered, That the Petitioner be at Liberty to give a Rule for transcribing the said Record, according to the Prayer of the said Petition.

Thanks to the Bp. of Landaff, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Landaff, for the Sermon by him preached before this House, on Thursday last, in the Abbey Church, Westminster; and be is hereby desired to cause the same to be forthwith printed and published.

Philpot against Moor:

After hearing Counsel, upon the Petition and Appeal of Charles Philpot Gentleman; complaining of a Decree and Order of the Court of Chancery, the 23d of November 1731, made in a Cause wherein Humphry Moor was Plaintiff, and the Appellant Defendant; and in a Cross Cause, wherein the Appellant was Plaintiff, and the said Humphry Moor Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said Humphry Moor put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree and Order affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree and Order be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondent, the Sum of Sixty Pounds, for his Costs in respect of the said Appeal.

Adjourn.

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

DIE Mercurii, 5o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Litch & Cov.
Epus. Petriburg.
Epus. Cestriens.
Epus. Sarum.
Epus. Asaphen.
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 Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Buccleuch.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Dorset.
March. Lothian.
Comes Huntingdon.
Comes Exeter.
Comes Northampton.
Comes Warwick.
Comes Berkshire.
Comes Winchilsea.
Comes Essex.
Comes Shaftesbury.
Comes Abingdon.
Comes Scarbrough.
Comes Coventry.
Comes Jersey.
Comes Godolphin.
Comes Cholmondeley.
Comes Craufurd.
Comes Sutherland.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Hoptoun.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Kerr.
Comes Fitzwalter.
Comes Ashburnham.
Comes Effingham.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington.
Ds. Harrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North & Guilford.
Ds. Hunsdon.
Ds. St. John.
Ds. Lovelace.
Ds. Hinton.
Ds. Bruce.
Ds. Lynne.
Ds. Carteret.
Ds. Herbert.
Ds. Haversham.
Ds. Hervey.
Ds. Cathcart.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

D. Roxburgh against Eliot.

The Answer of William Elliot, to the amended Appeal of John Duke of Roxburgh, was brought in.

Brown against Chalmers.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Mr. David Brown and others are Appellants, and Mr. George Chalmers and others 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.

Marchioness Annandale against Marquis Annandale:

The House was informed, "That the Matters in Difference, with relation to the Cause wherein Charlotta Marchioness of Annandale is Appellant, and George Marquis of Annandale and others are Respondents, were agreed; and that it was desired by all Parties, that the Appeal may be dismissed."

And thereupon Mr. Dalrymple for the Appellant, and Mr. Ross and Mr. Hamilton for the Respondents, being called in; and consenting, at the Bar, to what was desired:

They were directed to withdraw.

Appeal dismissed.

Ordered, That the said Appeal be dismissed accordingly.

Capt. Halket against Sir G. Wardlaw:

The like Information was given, with respect to the Cause wherein Captain Halket is Appellant, and Sir George Wardlaw Baronet Respondent.

And thereupon Mr. Ross for the Appellant, and Mr. Dalrymple for the Respondent, being called in; and consenting, as before:

They were directed to withdraw.

Appeal dismissed.

Ordered, That the said Appeal be dismissed accordingly.

Evelyn & al. against Evelyn et al.:

The Cause wherein Anne, Elizabeth, and Mary Evelyn, Infants, by John Garth Esquire, their next Friend, are Appellants, and Edward Evelyn Esquire and others Respondents, standing to be heard on the next Cause-day; and an Act of Parliament having been passed in the last Session, which settled the Matters in Difference in Question in the said Cause:

Mr. Andrews, Solicitor for the Appellant, was called in.

And consenting, at the Bar, "That the said Appeal should be dismissed, if the House so pleased:"

He was directed to withdraw.

Appeal dismissed.

Ordered, That the said Appeal be dismissed accordingly.

Countess of Kildare against Hopson:

After hearing Counsel, upon the Petition and Appeal of Elizabeth Countess Dowager of Kildare and Lady Catherine Jones; complaining of such Parts of a Decree of the Court of Chancery, the 30th of October 1733, whereby they are charged with the Payment of Interest for the Remainder of a Sum of Eight Hundred Pounds, and also with the Payment of Costs, made in a Cause wherein Richard Hopson Esquire, Administrator with the Will annexed of Sir Charles Hopson Knight, deceased, was Plaintiff, and the Appellant and others Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Richard Hopson put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed, with a Variation.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree of the Court of Chancery aforementioned be, and is hereby, affirmed; with this Variation in that Part thereof which directs the Computation of Interest, "That, instead of Five Pounds in the Hundred, the same be computed at the Rate of Four Pounds in the Hundred only."

Halpenn against Lady Lawley; Hearing brought forward.

Ordered, That the hearing the Cause wherein Mark Halpenn Gentleman is Appellant, and Elizabeth Halpenn, alias Lady Lawley, Respondent, which at present stands for Friday Sevennight, be heard on Monday next; and Notice to be forthwith given to the Parties and their Agents.

Adjourn.

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

DIE Veneris, 7o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Cestriens.
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 Bolton.
Dux Bedford.
Dux Marlborough.
Dux Montagu.
Dux Atholl.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Dorset.
March. Lothian.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Warrington.
Comes Albemarle.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Portmore.
Comes Hoptoun.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. St. John.
Ds. Lovelace.
Ds. Hinton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. King.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.

PRAYERS.

Mills to revive Rathborne's Appeal.

Upon reading the Petition of Michael Mills Clerk, Administrator of John Rathborne Merchant, with his Will annexed; setting forth, "That the said John Rathborne presented an Appeal to this House, the last Session of Parliament, from several Orders of the Court of Chancery in Ireland, and subsequent Proceedings founded thereon, to which John Byrne, Mary, Elizabeth, Thomas, and William Byrne, Sons and Daughters of the said John, Minors under the Age of Twenty-one Years, by the said John Byrne their Father and prochein Amie, were Respondents;" and praying, "In regard the said Appellant is since dead, that the said Appeal may be revived against the said Respondents; and that the Petitioner, as Representative of the said Rathborne, may stand in his Place as Appellant, and have the same Benefit of the Appeal as the said Rathborne would have had were he still living:"

It is Ordered, That the said Appeal be revived accordingly; and that the said former Respondents do put in their Answer thereunto, in Writing, on or before Friday the 14th Day of March next; and that Service of this Order on their Six Clerk in the said Court of Chancery be deemed good Service.

Hall to revive Clarke's Appeal.

Upon reading the Petition of Thomas Hall of the City of Dublin Merchant, Administrator of the Goods and Chattels of Augustine Clarke, deceased; praying, That the Appeal of the said Clarke may be revived, and stand in the same Plight and Condition as in the Life-time of the said Appellant:"

It is Ordered, That the said Appeal do stand and be revived accordingly.

Skerret against Nisbet.

Upon reading the Petition of Humphry Skerret Gentleman; setting forth, "That Mathew Nisbet and others, Respondents to the Petitioner's Appeal, have not put in their Answers thereunto, though peremptorily required so to do by Order of this House;" and praying, "That the said Cause may be set down to be heard ex Parte, by such short Day as to this House shall seem meet:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 18th Day of this Instant February, ex Parte, unless the Respondents put in their Answer or respective Answers thereunto in the mean Time.

D of Roxburgh against Kerr.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Duke of Roxburghe is Appellant, and Christian Kerr and Charles Kerr her Husband 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.

Sir T. Moncrief against Moncrief.

The like Motion and Order, for hearing the Cause wherein Sir Thomas Moncrief Baronet is Appellant, and Thomas Moncrief his Son Respondent, on the next vacant Day for Causes.

Parson & al. Pet. referred to Judges.

Upon reading the Petition of Thomas Parson and Honour his Wife, William Taylor Esquire and Margery his Wife; praying Leave to bring in a Bill, to establish an Assignment of Dower made to the Petitioner Margery, out of the Real Estate of James Tregeare her late Husband, late of Launceston in the County of Cornwall Esquire, deceased; and for Sale of the said Estate, for Payment of his Debts; and for laying out the Surplusmoney arising by such Sale in the Purchase of Lands, to the Use of the Petitioner Honour and her Heirs:

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; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Painter against Incledon.

Upon reading the Petition and Appeal of Nicholas Painter; complaining of a Decree of the Court of Chancery, made by the Master of the Rolls, of the 4th of July 1733, made in a Cause wherein the Appellant was Plaintiff, and John Incledon Defendant; and praying Relief in the Premises:

It is Ordered, That the said John Incledon may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the 21st Day of this Instant February.

Sir W. Gordon & al. against Ly. Newhall.

Upon reading the Petition and Appeal of Sir William Gordon Baronet, Alexander Gordon of Ardock, Thomas Forrester, John Urquhart, Hugh Ross, William Macjustice, and James Mackenzie, Tenants in Ardock, John Mackea, Jannett Mackenzie, Hector and George Ferguseons, Tenants in Balleskelly, Alexander Barclay Tenant in Balcherry, William Williamson, John McKedie, and Normand Mackloid; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 24th of June 1732, and of an Interlocutor of the 28th of February 1732/3, and 30th of April 1733, made on the Behalf of the Lady Newhall; and praying, "That the same may be reversed; and that such Part of the said Interlocutor of the 24th of June 1732, as is not hereby complained of, may be affirmed:

It is Ordered, That the said Lady Newhall may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Friday the 7th Day of March next; and that Service of this Order on the Agents or Procurators of the said Respondent in the Court below be deemed good Service.

Crawfurd & al. against V. of Garnock & al.

Upon reading the Petition and Appeal of John Crawfurd Esquire, commonly called Master of Garnock, Eldest Son of Patrick Lord Viscount of Garnock, an Infant of tender Years, by John Crawfurd Esquire, Advocate, his Uncle and next Friend; and of the same John Crawfurd, Second Son of the deceased John Viscount of Garnock, for himself; complaining of Three Interlocutory Sentences of the Lords of Session in Scotland, of the 25th of June and 28th of July 1725, and 28th of February 1733/4, made on the Behalf of Patrick Lord Viscount of Garnock and others, his Creditors; and praying, "That the same may be reversed:"

It is Ordered, That the said Viscount of Garnock and others his Creditors may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 7th Day of March next; and that Service of this Order upon the Agents or Procurators of the said Parties in the Court of Session in Scotland be deemed good Service.

Mercer against Butler & al.

Upon reading the Petition and Appeal of Robert Mercer Gentleman; complaining of several Orders of the Court of Chancery in Ireland, of the 7th of May, and of an Order of the 14th of December 1733, and Enrolment thereof, and of a Decretal Order of the 17th of December next following, made in a Cause wherein the Appellant was Plaintiff, and Thomas Butler Esquire, Margaret Lady Iveagh his Wife, John French, John Burke, Anne his Wife, and Francis French, were Defendants; and praying, "That the said Orders and Decree may be reversed:"

It is Ordered, That the said Thomas Butler and the said other Defendants may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 14th Day of March next; and that Service of this Order on the said Respondents, or their Six Clerk or Clerks in the said Court of Chancery in Ireland, be deemed good Service.

O'Farrell against O'Farrell.

Upon reading the Petition and Appeal of Roger O Farrell Gentleman; complaining of a Decree of the Court of Chancery in Ireland, of the 17th of February 1732, made in a Cause wherein the Appellant was Plaintiff, and James and Richard O'Farrell, Thomas and Francis Fetherston, and Robert Jessop, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said James and Richard O'Farrell and the said other Defendants may have a Copy of the said Appeal; and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 14th Day of March next; and that Service of this Order on the said Respondents Six Clerk in the said Court of Chancery in Ireland be deemed good Service.

Ryland against Green & al.

Upon reading the Petition and Appeal of Richard Ryland; complaining of an Order and Decree of the Court of Exchequer in Ireland, of the 9th of July last, made in a Cause wherein Benjamin Green deceased was Plaintiff, and the Appellant Richard Ryland and Edward Fitzgerald and others were Defendants; which Cause was, upon the Death of the said Benjamin Green, revived against the said Appellant and others; and praying, "That the said Order and Decree may be reversed, and the Appellant's Demurrer allowed:"

It is Ordered, That James Roch Green, Barry Colles, and the said Edward Fitzgerald, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 14th Day of March next; and that Service of this Order on their Attornies in the said Court of Exchequer in Ireland be deemed good Service.

Barlow against Bateman & al.

Upon reading the Petition and Appeal of Charles Barlow Gentleman; complaining of certain Decrees, or Orders, of the Court of Chancery, of the 13th of July 1730, and 22d of July last, made in a Cause wherein the Appellant, by his Mother and Guardian, was Plaintiff, and Edward Bridgen since deceased, Thomas Langton and John Watts (Executors of George Barlow), and Robert Bateman and Mary his Wife, were Defendants; and praying, "That the same may be reversed and rectified:"

It is Ordered, That the said Robert Bateman and his Wife, Thomas Langton, and John Watts, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 21st Day of this Instant February.

Adjourn.

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

DIE Lunæ, 10o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Cestriens.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landov.
Epus. Asaphen.
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 Bolton.
Dux Leeds.
Dux Bedford.
Dux Montagu.
Dux Buccleuch.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
March. Lothian.
Comes Pembroke.
Comes Exeter.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Thanet.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Poulet.
Comes Godolphin.
Comes Cholmondeley.
Comes Craufurd.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Portmore.
Comes Hoptoun.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Viscount Falmouth.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Percy.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. North & Guilford.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Herbert.
Ds. Haversham.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; (videlicet),

Thomas Earl of Westmorland.

Nicholas Earl of Scarsdale.

Henry Lord Bishop of Hereford.

Algernon Lord Percy.

D. of Argyll against Hamilton:

The House was informed, "That the Parties in the Cause wherein John Duke of Argyll and Greenwich is Appellant, and Isabella, Elizabeth, and Anne Hamilton, and Sir William Gordon Baronet, are Respondents, were come to an Agreement that the Appeal might be dismissed; the Matters in Difference having been determined upon an Arbitration."

And thereupon Mr. Ross the Appellant's Agent, and Mr. Garden Agent for the Respondents, being called in, and heard at the Bar;

And withdrawn:

Appeal dismissed.

Ordered, That the said Appeal be dismissed accordingly.

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

Upon reading the Petition of John Duke of Rutland, for and on the Behalf of his Two Younger Sons, commonly called Lord Robert Sutton and Lord George Manners, both Infants; praying Leave to bring in a Bill, to enable the said Two Younger Sons, and their Issue, to take and use the Surname of Sutton, pursuant to the Will of Robert late Lord Lexington:

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

Accordingly the Lord Steward of His Majesty's Household presented to the House a 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."

And the same was read the First Time.

Mackgill claiming the Title of Vis. Oxfurd:

Whereas a Petition of James Makgill Viscount of Oxfurd to His Majesty, "That His Majesty would give Directions for establishing the Petitioner's Right and Title to the Honour and Dignity of Viscount of Oxfurd and Lord Makgill of Cousland," and referred by His Majesty to this House, was, by an Order of the last Session of Parliament, to be taken into Consideration by the Lords Committees for Privileges; but nothing was done therein:

And the House being this Day moved, "That the said Petition be now referred to the Committee for Privileges:"

Pet. again referred to Committee of Privileges.

It is Ordered, That the said Petition be referred to the said Committee accordingly, to meet on Monday next; and that Notice thereof be given to the Agent of Robert, Son and Heir of Christian, Daughter of Robert late Viscount of Oxfurd, who now pretends to assume the said Title; and also that Notice be given to His Majesty's Attorney General and His Majesty's Advocate for Scotland.

Forester's Pet. referred to Judges.

Upon reading the Petition of William Forester, of Watling Street, in the County of Salop, Esquire, and Brooke Forester his Eldest Son and Heir Apparent; praying Leave to bring in a Bill, for enabling the said Brooke Forester to join with his said Father in the making a Settlement, pursuant to an Agreement made upon the Marriage of the said Brooke Forester with Elizabeth his Wife, as he might do if he were of full Age:

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

Rowley & Ux. against McLorinan.

A Petition of William Rowley Esquire and Arabella his Wife, was presented, and read; praying, "In regard their Papers are not yet arrived from Ireland, but are soon expected; that the hearing their Appeal may stand adjourned over, so as to come on next after the Causes already appointed, or to such other Day as to this House shall seem meet:"

And thereupon Mr. Sharp the Petitioner's Agent, and Mr. McLorinan Respondent to the said Appeal, being called in, and heard at the Bar;

And withdrawn:

Ordered, That this Cause shall be heard, by Counsel, at the Bar, on Tuesday the 25th Day of this Instant February.

Halpenn against Ly. Lawley.

After hearing Counsel, in Part, in the Cause wherein Mark Halpenn Gentleman is Appellant, and Dame Elizabeth Halpenn, commonly called Lady Lawley, Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Adjourn.

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