House of Lords Journal Volume 25
December 1739

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History of Parliament Trust

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Year published

1767-1830

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437-445

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'House of Lords Journal Volume 25: December 1739', Journal of the House of Lords volume 25: 1737-1741 (1767-1830), pp. 437-445. URL: http://british-history.ac.uk/report.aspx?compid=114106 Date accessed: 24 July 2014.


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December 1738

DIE Martis, 4o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Hereford.
Epus. Meneven.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landav.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Leeds.
Dux Athol, & Ds. Strange.
Comes Suffolk.
Comes Warwick.
Comes Winchilsea & Nott.
Comes Holderness.
Comes Coventry.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Ilay.
Comes Halifax.
Comes Graham.
Comes Fitzwalter.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Poulet.
Ds. Carteret.
Ds. Haversham.
Ds. Hervey.
Ds. Cathcart.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Lovell.
Ds. Raymond.

PRAYERS.

Reynell against Atkins.

The Answer of John Atkins Esquire, late Tracy, to the Appeal of Charles Reynell Esquire, was brought in.

Birmingham against E. Shelburne.

As was likewise, the Answer of Henry Earl of Shelburne, to the Appeal of Edward Birmingham and others.

Reynell against Atkins.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charles Reynell Esquire is Appellant, and John Atkins Esquire Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday Sevennight.

Knowlings et al. take the Oaths to be naturalized.

Margaret Knowlings, John Caspar Ries, Theophilus Pritzler, and George Frederick Smith, took the Oaths appointed, in order to their Naturalization.

Liebenrood et al. Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Georg Liebenrood and Bartholomew Christopher Lutyens."

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

Ld. Steward.
D. Leeds.
D. Athol.
E. Suffolk.
E. Warwick.
E. Winchilsea.
E. Holderness.
E. Coventry.
E. Morton.
E. Loudoun.
E. Findlater.
E. Ilay.
E. Halifax.
E. Graham.
E. Fitzwalter.
L. Bp. Hereford.
L. B. St. Davids.
L. B. St. Asaph.
L. B. Norwich.
L. B. Bristol.
L. B. Landaff.
Ld. Delawarr.
L. Willoughby Br.
L. Poulet.
L. Carteret.
L. Haversham.
L. Hervey.
L. Cathcart.
L. Hay.
L. Foley.
L. Bathurst.
L. Romney.
L. Cadogan.
L. Lovell.
L. Raymond.

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

Ordered, That the Petition of the Several Persons praying to be added to the said Bill, be referred to the same Committee.

Moore to enter into Recognizance for Aylmer:

The House being moved, "That Samuel Moore Gentleman may be permitted to enter into a Recognizance for Dame Ellis Aylmer, on account of her Appeal depending in this House; she being in Ireland:"

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

Gordon, for Sir J. Gordon:

The like Motion and Order, for John Gordon of London Esquire to enter into a Recognizance for Sir John Gordon of Embo Baronet; he being in Scotland.

Blyke, for Bryce and others.

The like Motion and Order, for Samuel Blyke of London Gentleman to enter into a Recognizance for Ninian Bryce and others; for the same Reason.

Ouchterlony, for Fullerton and others.

The like Motion and Order, for George Ouchterlony Esquire to enter into a Recognizance for William Fullerton and others; for a Reason of the same Nature.

Sir W. Barker against Ivers:

The House was informed, "That a Person attended, in order to deliver in several Papers and Proceedings, in the Cause wherein Sir William Barker Baronet is Appellant, and Thomas Ivers Gentleman Respondent."

Pleadings proved.

He was thereupon called in, and delivered the said Papers and Proceedings; having first attested, upon Oath, at the Bar, "That 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 & in Diem Veneris, septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 7o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Dunelm.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Meneven.
Epus. Eliens.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Leeds.
Dux Montagu.
Dux Athol, & Ds. Strange.
Dux Bridgewater.
March. Lothian.
Comes Suffolk.
Comes Warwick.
Comes Carlisle.
Comes Shaftesbury.
Comes Abingdon.
Comes Holderness.
Comes Coventry.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Graham.
Comes Fitzwalter.
Ds. Carteret.
Ds. Haversham.
Ds. Cathcart.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Hobart.
Ds. Lovell.
Ds. Raymond.

PRAYERS.

Liebenrood et al. Nat. Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Georg Liebenrood and Bartholomew Christopher Lutyens," 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 made some Amendments thereunto."

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

Davidson against Watson.

Upon reading the Petition and Appeal of Patrick Davidson of Woodmiln Esquire; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 6th of December 1738, and the 16th of November last, made on the Behalf of Alexander Watson; and praying, "That the same may be reversed; and that the Appellant may have such Relief in the Premises as to the great Wisdom of this House shall seem meet:"

It is Ordered, That the said Alexander Watson 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 4th Day of January next; and that Service of this Order on the said Alexander Watson personally, or his Procurators or Agents before the said Court of Session, be deemed good Service.

Baillie to enter into Recognizance for Vise. Arthburtnot.

The House being moved, "That Alexander Baillie, of Lyon's-Inn, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for John Lord Viscount Arthburtnot and others, on account of their Appeal depending in this House; they residing in Scotland:"

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

Malt Bill.

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

With a Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Forty;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

DIE Mercurii, 12o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Menevens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Leeds.
Dux Marlborough.
Dux Athol, & Ds. Strange.
Dux Portland.
Dux Manchester.
March. Lothian.
Comes Pembroke.
Comes Suffolk.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Carlisle.
Comes Abingdon.
Comes Holderness.
Comes Albemarle.
Comes Morton.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Oxon.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Fauconberg.
Viscount Torrington.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Poulet.
Ds. Maynard.
Ds. Bruce.
Ds. Carteret.
Ds. Weston.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.

PRAYERS.

Reynell's Petition to put off his Cause rejected.

A Petition of Charles Reynell was presented, and read; praying, "In regard the Case upon his Appeal, to which John Atkyns is Respondent, consists of many Points, and is very long; that the Hearing thereof may be put off till after the approaching Recess:"

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And then they were directed to withdraw.

And another Petition of the same Appellant was presented, and read; setting forth, "That several Writings in the Respondent's Custody will be ready to be produced at the Hearing of the said Cause;" and praying, "That the said Writings may be ordered to be produced at the said Hearing."

And thereupon the said Agents were again called in, and heard at the Bar; as also the Petitioner, who admitted the Writings were not produced at the Hearing below.

And then they were directed to withdraw.

Ordered, That both the said Petitions be rejected.

Land Tax Bill.

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

With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

L. Craven & al. Petition referred to Judges.

Upon reading the Petition of Fulwar Lord Craven, William Craven Esquire, John Craven Clerk, Henry Craven Clerk, Thomas Craven Esquire, and Charles Craven Esquire; praying Leave to bring in a Bill, to enable the making Jointures and Leases, pursuant to the Will of William late Lord Craven, deceased; the surviving Trustees refusing to act:

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; 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.

Talbot & Ux. Petition referred to Judges.

Upon reading the Petition of Henry Talbot Esquire and Catherine his Wife; praying Leave to bring in a Bill, for Sale of several Lands and Tenements, in Hopsford and Withybrook, in the County of Warwick; and settling another Estate, of greater Value, in the County of Rutland, in Lieu thereof:

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 the Lord Chief Baron of the Court of Exchequer; with the usual Directions, according to the Standing Order.

Quin against Langley & al.

A Petition of Samuel Langley an Infant, Thomas Cotton, and John Johnston, Respondents to the Appeal of Valentine Quin Esquire, was presented, and read; setting forth, "That, as soon as the Hearing of this Cause was put off by this House, the Petitioners wrote pressingly to Ireland for their Papers; and, by a Letter from their Solicitor at Dublin, dated the 1st Instant, the Petitioners are informed, that he had returned the same; but they are not yet arrived, without which they cannot safely proceed to a Hearing;" and praying, "That the same may be put off to such further Time as their Lordships shall think proper."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And the said Letter being read:

They were directed to withdraw.

Ordered, That the said Hearing be put off to the First vacant Day for Causes after the Recess at Christmas; and that the Petitioners do pay the Appellant Ten Guineas, for the Costs of the Day.

Plunket & al. against Naper;

A Petition of James Lenox Naper and William Naper Esquires, Respondents to the Appeal of Robert Plunket Esquire, commonly called Earl of Fingall, and others, was presented, and read; praying, "In regard the Cause in the Court of Chancery in Ireland is, pursuant to the Order of this House, revived against James Arthur Plunket Esquire, Son and Heir of the said Robert Plunket, lately deceased; that the said Son may be obliged to revive the said Appeal within such Time as this House shall think proper."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Appeal revived.

Ordered, That the said James Arthur Plunket do cause the said Appeal to be revived accordingly within Five Weeks; and that Service of this Order on his Agent or Six Clerk in the said Court be deemed good Service.

Malt Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Forty."

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

Liebenrood & al. Nat. Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John Georg Liebenrood and Bartholomew Christopher Lutyens."

The Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen:

To carry down the said Bill, and acquaint them, that the Lords have agreed to the same, with several Amendments, to which their Lordships desire their Concurrence.

Baillie to enter into Recognizance for Davidson.

The House being moved, "That Alexander Baillie Gentleman may be permitted to enter into a Recognizance for Patrick Davidson Esquire, on account of his Appeal depending in this House; he residing in Scotland:"

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

Sir W. Barker against Ivers:

The House was informed, "That George Lacy attended, in order to deliver in Papers and Proceedings, in the Cause wherein Sir William Barker Baronet is Appellant, and Thomas Ivers Respondent:"

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 & in diem Jovis, decimum tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 13o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Meneven.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Dux Leeds.
Dux Manchester.
March. Lothian.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Scarbrough.
Comes Rochford.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Ker.
Comes Fitzwalter.
Viscount Fauconberg.
Ds. Willoughby Br.
Ds. Carteret.
Ds. Cathcart.
Ds. Hay.
Ds. Bathurst.
Ds. Romney.
Ds. Monson.

PRAYERS.

Land Tax Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty."

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

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Forty."

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 directed him to report the same to the House, without any Amendment."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, decimum quartum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 14o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Roffen.
Epus. Sarum.
Epus. Meneven.
Epus. Asaphen.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Portland.
Dux Manchester.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Holderness.
Comes Rochford.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
2. Comes Ilay.
1. Comes Hyndford.
Comes Cowper.
Comes Graham.
Comes Fitzwalter.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Carteret.
Ds. Gower.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Monson.
Ds. Talbot.

PRAYERS.

Malt Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Forty."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Proceedings, &c. of the Commissioners of Westminster Bridge delivered.

The House being informed, "That Sir Joseph Ayloffe, Clerk to the Commissioners for building a Bridge at Westminster, attended:"

He was called in; and delivered, at the Bar, pursuant to certain Acts of Parliament,

"The Proceedings of the said Commissioners, from the 15th February 1738, to the 14th November 1739, both inclusive."

Also, "Contracts made by the same Commissioners, from the 15th of February 1738, to the 14th November 1739, both inclusive."

And likewise, "Accompts of the Treasurer to the said Commissioners, from the 15th of February 1738, to the 14th November 1739, both inclusive."

And then he was directed to withdraw.

And the Titles of the said Proceedings, Contracts, and Accompts, were read.

Ordered, That the same do lie on the Table.

Mariners, for the better Supply of, Bill.

A Message was brought from the House of Commons, by Sir John Barnard and others:

With a Bill, intituled, "An Act for the better Supply of Mariners and Seamen, to serve in His Majesty's Ships of War, and on board Merchant Ships, and other Trading Ships and Privateers;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Deere against Powell:

After hearing Counsel, upon the Petition and Appeal of Mathew Deere Gentleman; complaining of an Order of the Court of Chancery, at the Great Sessions held before Richard Carter and Henry Proctor Esquires, His Majesty's Justices for the several Counties of Glamorgan, Brecon, and Radnor, in the Principality of Wales, of the 21st of April last, made in a Cause wherein Rees Powel Gentleman was Plaintiff, and the Appellant and Richard John were Defendants; and praying, "That the said Order, directing the Trial of certain Issues, may be reversed; and that the Appellant may have such further Relief as to the House in their great Wisdom shall seem meet:" As also upon the Answer of the said Rees Powel 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 Order complained of in the said Appeal be, and the same is hereby, reversed: And it is further Ordered, That the Respondents Bill be, and the same is hereby, dismissed out of the said Court of Great Sessions, with Costs, to be taxed by the proper Officer of the said Court.

Adjourn.

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

DIE Lunæ, 17o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Roffen.
Epus. Sarum.
Epus. Meneven.
Epus. Eliens.
2. Epus. Norwic.
1. Epus. Asaphen.
Epus. Bristol.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Newcastle.
Dux Portland.
Comes Warwick.
Comes Winchilsea.
Comes Shaftesbury.
Comes Holderness.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Oxon.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Torrington.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North & Guil.
Ds. Carteret.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.

PRAYERS.

Land Tax Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Elde and Mr. Spicer:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Mariners, for the better Supply of, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the better Supply of Mariners and Seamen, to serve in His Majesty's Ships of War, and on board Merchant Ships, and other Trading Ships and Privateers."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow; and the Lords to be summoned.

Reynell against Atkyns.

After hearing Counsel, in Part, upon the Petition and Appeal of Charles Reynell Gentleman, to which John Atkyns Esquire is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and the Counsel to be called in at One a Clock.

Adjourn.

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

DIE Martis, 18o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Meneven.
Epus. Eliens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Montagu.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Pembroke.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Holderness.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Hyndford.
Comes Ilay.
Comes Oxon.
Comes Stanhope.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Fauconberg.
Viscount Harcourt.
Viscount Torrington.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Poulet.
Ds. Bruce.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Hobart.
Ds. Raymond.
Ds. Talbot.

PRAYERS.

Mariners, for better Supply of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better Supply of Mariners and Seamen, to serve in His Majesty's Ships of War, and on board Merchant Ships, and other Trading Ships and Privateers."

After some Time, the House was resumed.

And the Earl of Warwick reported, "That the Committee had gone through the Bill, and made One Amendment thereunto, which he would be ready to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Vernon's Petition, for Liberty to bring in an Appeal.

Upon reading the Petition of Jane Vernon Widow, Executrix and Devisee of Thomas Vernon Esquire, deceased; praying Leave to bring in an Appeal, against a Decree of Dismission of the Court of Chancery in Ireland, made the 14th of May 1686, "in regard she has been lately dispossessed, by Captain John Vernon, of certain Lands in Ireland, which have belonged to her for several Years past, under a Decree of the House of Lords in that Kingdom, for Reversal of the said Decree of Dismission; the Petitioner not being able to appeal against the said Decree till she found herself molested."

Ordered, That the said Petition be referred to the Lords following; who are appointed a Committee, to consider thereof, and to report to the House what they shall think proper thereupon; (videlicet,)

Ld. Steward.
D. Portland.
D. Greenwich.
M. Lothian.
E. Warwick.
E. Winchilsea.
(fn. 1) E. Shaftesbury.
E. Holderness.
E. Findlater.
E. Ilay.
E. Fitzwalter.
E. Effingham.
Viscount Fauconberg.
Ld. Abp. Cant.
L. Bp. Rochester.
L. Bp. St. Davids.
L. Bp. St. Asaph.
L. Bp. Norwich.
L. Bp. Bristol.
L. Bp. Landav.
Ld. Delawarr.
L. Willoughby Par.
L. Poulet.
L. Bruce.
L. Carteret.
L. Gower.
L. Hervey.
L. Hay.
L. Masham.
L. Foley.
L. Bathurst.
L. Romney.
L. Raymond.
L. Talbot.

Their Lordships, or any Five of them; to meet at the usual Time and Place, on the Second Tuesday after the approaching Recess at Christmas; and that the Petitioner do cause Notice to be given to the said Captain Vernon of this Petition, and the Time of the Meeting of the said Committee.

Reynell against Atkyns:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Charles Reynell, Administrator de Bonis non, with the Will annexed, of Elizabeth Reynell Widow, deceased, Mother of Thomas Tooke the Younger, by Ralph Tooke her First Husband; complaining of a Decree of the Court of Exchequer, of the 28th of May last, for the Trial of certain Issues at Law, made in a Cause wherein John Atkyns Esquire, Administrator de Bonis non and Devisee under the Will of Sir Robert Atkyns late Lord Chief Baron, was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed; and that the Appellant may either be at Liberty to proceed at Law, for recovering what is due to him on the Judgements in the Appeal mentioned, or that the Respondent may pay to him what is so due; and that the Appellant may have such other Relief as to the House shall seem meet:" As also upon the Answer of the said John Atkyns 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, in the First Issue by the said Decree directed, these Words be left out ["paid by and"]; and in the Third Issue these Words be also left out ["Thomas Tooke was really and bona Fide indebted to her in any and what Sum"], and instead thereof these Words inserted, videlicet, ["Elizabeth Reynell had a real and just Demand against the said Thomas Tooke, for any and what Sum of Money"]; and at the Close of the said Decree, after the Words ["at the said Trial"], and before the Words ["and the Consideration of Costs"], these Words be there inserted ["and that the Respondent do not, at the said Trial, insist upon, or take any Advantage of, the Want of proving a Demand of Dower, made by the said Elizabeth Reynell before the bringing of her Writ of Dower"]: And it is further Ordered and Adjudged, That, with these Variations and Addition, the said Decree be, and is hereby, affirmed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurli, decimum nonum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 19o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Menevens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Montagu.
Dux Greenwich.
Comes Warwick.
Comes Carlisle.
Comes Shaftesbury.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Cowper.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Viscount Fauconberg.
Viscount Torrington.
Ds. Delawarr.
Ds. Poulet.
Ds. Carteret.
Ds. Cathcart.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Raymond.

PRAYERS.

Message from H. C. to return Liebenrood's & al. Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing John Georg Liebenrood and Bartholomew Christopher Lutyens;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Mariners Bill:

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for the better Supply of Mariners and Seamen, to serve in His Majesty's Ships of War, and on board Merchant Ships, and other Trading Ships and Privateers," was committed, the Amendment made by the Committee to the said Bill.

Which was read by the Clerk, and agreed to by the House, and is as follows; videlicet,

"Provided nevertheless, and it is hereby further Enacted and Declared, That no Person who shall be naturalized by virtue of this Act shall thereby be enabled to be of the Privy Council, or a Member of either House of Parliament; or to take any Office or Place of Trust, either Civil or Military; or to have any Grant of Lands, Tenements, or Hereditaments, from the Crown, to himself, or any other Person or Persons in Trust for him; any Thing herein contained to the contrary thereof in any wise notwithstanding."

Then another Proviso was offered to the House, to be added to the said Bill.

And the same was read, as follows; (videlicet,)

"Provided always, That no Person shall claim or take any Benefit of Naturalization, by virtue of this Act, without first taking and subscribing the Oaths appointed to be taken by an Act made in the First Year of the Reign of His late Majesty King George, intituled, "An Act for the further Security of His Majesty's Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants; and for extinguishing the Hopes of the pretended Prince of Wales, and his open and secret Abettors;" and making, repeating, and subscribing, the Declaration appointed to be made, repeated, and subscribed, by an Act made in the Twenty-fifth Year of the Reign of King Charles the Second, intituled, "An Act for preventing Dangers which may happen from Popish Recusants;" which said Oaths shall be taken and subscribed, and Declaration made, repeated, and subscribed, in the Courts of Chancery, King's Bench, Common Pleas, or Exchequer, in Term Time, in England, or in any of them, in open Court, or before the Lords of Council and Session, or Lords of Justiciary, or Barons of the Exchequer, in open Court, in Scotland, or at some General Quarter Sessions of the Peace to be held for the County where he or they do or shall inhabit, reside, or settle, between the Hours of Nine and Twelve in the Forenoon; the taking and subscribing of which Oaths, and the making, repeating, and subscribing, of which Declaration, shall be entered on Record in the same Courts."

The said Proviso being read a Second Time:

The Question was put, "Whether the same shall be made Part of the Bill?"

It was Resolved in the Negative.

Protest against rejecting a Proviso to it.

"Dissentient.

"Delawarr."

Adjourn.

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

DIE Jovis, 20o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Meneven.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Marlborough.
Dux Montagu.
Dux Kent.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Lothian.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Burlington.
Comes Shaftesbury.
Comes Holderness.
Comes Cholmondeley.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Hyndford.
Comes Ilay.
Comes Cowper.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Fauconberg.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. North & Guilford.
Ds. Poulet.
Ds. Bruce.
Ds. Carteret.
(fn. 2) Ds. Cathcart.
Ds. Hay.
Ds. Foley.
Ds. Romney.

PRAYERS.

Mariners, for better Supply of, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the better Supply of Mariners and Seamen, to serve in His Majesty's Ships of War, and on board Merchant Ships, and other Trading Ships and Privateers."

The Question was put, "Whether this Bill, with the Amendment, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it:

A Message was sent to the House of Commons, by Mr. Elde and Mr. Edwards:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with One Amendment, whereunto their Lordships desire their Concurrence.

Message from thence to return it.

A Message was brought from the House of Commons, by Sir John Barnard and others:

To return the abovementioned Bill; and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on the Throne, with the accustomed Ceremonies; the Prince of Wales, in his Robes, sitting in his Place; the Lords also in their Robes; and the Commons, who were sent for, being come, with their Speaker; he, after a short Introduction in relation to the Money Bills to be passed, delivered the same to the Clerk, who brought them to the Table; where the Clerk of the Crown read the Titles of those and the other Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Forty."

"2. An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, & ainsi le veult."

"3. An Act for the better Supply of Mariners and Seamen, to serve in His Majesty's Ships of War, and on board Merchant Ships, and other Trading Ships and Privateers."

To this Bill the Royal Assent was pronounced in these Words; (videlicet,)

"Le Roy le veult."

"4. An Act for naturalizing John Georg Liebenrood, Bartholomew Christopher Lutyens, and others."

To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Trade to America; and Seamen encouraging, Bill.

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

With a Bill, intituled, "An Act for the more effectual securing and encouraging the Trade of His Majesty's British Subjects to America, and for the Encouragement of Seamen to enter into His Majesty's Service;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be printed.

Officers of the Works to make a Ceiling under the Floor of the House.

Notice being taken of the Coldness of the House, supposed to be occasioned chiefly by the Air and Wind issuing through the Floor thereof:

It is Ordered, That the Officers of His Majesty's Board of Works do forthwith cause a Cieling to be made under the said Floor; and that the said Officers do take Notice thereof, for causing the same to be done, as from this Day; and that the Lord Chancellor do acquaint the Lord Great Chamberlain with it, and desire him to issue his Warrant to the said Officers, for causing the said Cieling to be made accordingly.

Causes put off.

Ordered, That the Cause which stands next appointed for Hearing be heard on Tuesday the 8th Day of January next; and the other Two Causes to come on in Course on the next Cause-days.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, octavum diem Januarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Bis in Originali.
2 Bis in Originali.