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of the Scots Peers.

Ruffell's Natualization.

Hervey's Petition referred

to Judges.

Sir J. Gray
verjus
D. Hamilton

& al.

Granger & al. Report delivered.

Adjourn.

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Upon reading the Petition and Representation of

"Patrick Earl of Marchmont, complaining of some DIE Jovis, 16° Decembris.

"Proceedings in Scotland, upon the Election of Sixteen
"Peers to fit in this Houfe: It is ORDERED, by the
"Lords Spiritual and Temporal in Parliament affem-
"bled, That the faid Petition do lie on the Table, in
"order to be taken into Confideration, with the other
"Petitions of that Nature."

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Upon reading the Petition of Anne Hervey, Relict of Stephen Hervey Efquire, deceased, on Behalf of herfelf and Eight Children, by her faid Husband, Four Sons and Four Daughters; praying Leave to bring in a Bill, for Sale of fome Part of the faid Stephen Hervey's Eftate, for raifing Money, for the better Performance of his Will, by paying his Debts, and making Provifion for his Children:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Confideration of the faid Petition fhall be, and is hereby, referred to Mr. Juftice Powis and Mr. Juftice Blencowe; who are forthwith to fummon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Cafe, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Confequences of the Bill have figned the Petition; and alfo that the Judges, having perufed the Bill, do fign the fame.

Upon reading the Petition and Appeal of Sir James Gray Baronet, from a Sentence or Decree of the Lords of Council of Seffion in North Britain, on the Behalf of Charles Earl of Salkirk, and the Affirmance thereof, the One and Thirtieth of July One Thousand Seven Hundred and Eight, in Caufes between the faid Sir James Gray and James Duke of Hamilton, and between the faid Charles Earl of Salkirk, James Duke of Hamilton, and Sir James Gray, and Alexander Gawne, touching the Payment of One Thousand Pounds, and Intereft, therein mentioned; and praying," That the faid Sentence or Decree, and "the Affirmation thereof, may be repealed and fet "afide; and that the faid James Duke of Hamilton, "Charles Earl of Salkirk, and Alexander Gawne, may put in their Answers to the faid Appeal :"

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It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid James Duke of Hamilton, Charles Earl of Salkirk, and Alexander Gawne, may have a Copy of the faid Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Five and Twentieth Day of January next, at Eleven a Clock in the Fore

noon.

This Day Mr. Justice Gould and Mr. Baron Bury delivered their Report, upon the Petition of Mrs. Sarah Granger and others.

ORDERED, That the faid Report do lie on the Table, to be called for by the Lords.

Dominus Cancellarius declaravit præfens Parliamentum continuandum effe ufque ad & in diem Jovis, decimum fextum diem inftantis Decembris, hora undecima Aurora, Dominis fic decernentibus.

* Sic.

Domini tam Spirituales quam Temporales præfentes

Arch. Cantuar.
Arch. Ebor.

Epus. London.
Epus. Dunel.
& D. Crewe.
Epus. Roffen.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Elienf.
Epus. Petriburg.
Epus. Ciceftr.
Epus. Bangor.
Epus. Lincoln.
Epus. Landaven.
Epus. Norwic.

fuerunt:

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591

Ds. Delawarr.

Ds. Howard Efc.
Ds. Mohun.

Ds. Byron.

Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Guilford.
Ds. Lempfter.
Ds. Haverfham.
Ds. Barnard.
Ds. Halifax.

Dux Northumberland. Ds. Hervey.

Dux St. Albans.

Dux Bolton,

Dux Schonburg.
Dux Shrewsbury.
Dux Buckingham &

Normanby.
Dux Hamilton.
Dux Montrofe.
Dux Roxburghes
Dux Dover.

March. Lindsey, Mag-
nus Camerarius.
March. Kent, Came-
rarius.

March. Dorchefter.
March. Lothian.

Comes Derby.
Comes Lincoln.
Comes Dorfetti
Midd'x.
Comes Bridgewater.
Comes Northampton.
Comes Weftmorland.
Comes Manchefter.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Thanet.
Comes Sunderland.
Comes Scarfdale.
Comes Effex.
Comes Radnor.
Comes Rochefter.
Comes Abingdon.

Comes Plimouth.

Comes Portland.
Comes Scarbrough.
Comes Rochford.
Comes Orford.
Comes Ferfey.
Comes Grantham.
Comes Wharton.
Comés Poulett
Comes Cholmondeley.
Comes Mar.

Comes Rothes.
Comes Loudoun.
Comes Wemyss.

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Lords take the Oaths.

Muirheid verfus

Muirheid.

tition referred to Judges.

PRAYERS.

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

George Duke of Northumberland.
Charles Duke of St. Albans.

George Earl of Northampton.
William Lord Lempfter.

Upon reading the Petition and Appeal of Rofe Muirheid, from a Sentence or Decree of the Lords of Council and Seffion in North Britain, on the Behalf of James Muirheid, the Eleventh of July 1707, in a Caufe between the faid Parties; and praying, " That the faid "Sentence or Decree may be repealed, reverfed, and "difcharged; and that the faid James Muirheid may " answer to the faid Appeal:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid James Muirheid may have a Copy of the faid Appeal; and fhall and he is hereby required to put in his Answer thereunto, in Writing, on Thursday the Seven and Twentieth Day of January next, at Eleven a Clock in the Forenoon.

Gay & al. Pe- Upon reading the Petition of Winifred Gay Widow, and others; fhewing, "That, the laft Seffion of the "laft Parliament, they had a Bill depending in this "Houfe, which was referred to Mr. Baron Price and

Doleman

verfus Smith.

Woolmere verfus Markes,

State of the

Navy, &c.

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The Titles whereof were read; (videlicet,)

1.

"Navy-office, 1ft November, 1758.

An Estimate of the Debt of Her Majefty's Navy, on the Heads therein mentioned, as it stood on "the 30th September 1705."

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on Petitions of

Fourteenth Inftant, taken into Confideration the Method
The Houfe having, purfuant to the Order of the Method of
Proceedings
of proceeding on the Petitions and Reprefentations of Marq. of Af
Patrick Earl of Marchmont, and William Lord Ross:
William Marquis of Annandale, John Earl of Sutherland,

It is ORDERED, by the Lords Spiritual and Tempoto the faid Petitions and Reprefentations fhall be proral in Parliament affembled, That the Matters relating ceeded on, and determined, in this Houfe; and that no Proxies fhall be made Use of on this Occafion.

nandale & al. relating to Election of Scots Peers.

Dominus Cancellarius declaravit præfens Parliamen-Adjourn. tum continuandum effe ufque ad & in diem Martis, vicefimum primum diem inftantis Decembris, hora undecima Aurora, Dominis fic decernentibus.

"Mr. Justice Dormer; and, upon Confideration of their DIE Martis, 21° Decembris.

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The House being informed, "That Mr. Fawler, from Debts of the the Admiralty, attended;" he was called in; and, at the Bar, prefented Two feveral Papers, purfuant to the Order of this Houfe of the Eighth Instant:

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Ds. Cancellarius.
Comes Godolphin,
Thefaurarius.

Dux Somerset.
Dux Ormonde.
Dux St. Albans.
Dux Bolton.
Dux Shrewsbury.
Dux Buckingham &
Normanby.
Dux Hamilton.
Dux Montrofe.
Dux Roxburghe.
Dux Dover.

March. Lindsey, Mag-
nus Camerarius.
March. Kent, Came-

rarius.
March. Lothian.

Comes Derby.
Comes Dorfet &
Midd'x.

Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Manchefter.
Comes Rivers,
Comes Stamford.

Comes Thanet.
Comes Sunderland.
Comes Effex.

5

Ds. Delawar. Ds. Ferrers. Ds. Chandos. Ds. Hunfdon. Ds. Howard Efc. Ds. Mohun. Ds. Byron. Ds. Rockingham. Ds. Lexington. Ds. Berkeley Str. Ds. Dartmouth. Ds. Guilford. Ds. Wefton. Ds. Herbert. Ds. Haverfham. Ds. Halifax. Ds. Gernsey. Ds. Hervey.

Comes

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After reading, and confidering, the Report of Mr. Juftice Gould and Mr. Baron Bury, to whom was referred the Petition of Mrs. Sarah Granger and others; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Petitioners have hereby Leave to bring in a Bill, according to the Prayer of the Petition.

A Meffage from the House of Commons, by Mr. H. C. with a Farrer and others:

Bill.

Land Tax
Bill.

Cecil & al. Petition, referred to Judges.

Breton's Peti

tion, referred to Judges.

Who brought up a Bill, intituled, "An Act for "granting an Aid to Her Majefty, to be raised by a "Land Tax in Great Britain, for the Service of the "Year One Thousand Seven Hundred and Nine;" to which they defire the Concurrence of this House.

Hodie 1a vice lecta eft Billa, intituled, "An Act for Hodie 1a vice lecta eft Billa, intituled, " An Act for granting an Aid to Her Majefty, to be raised by a "Land Tax in Great Britain, for the Service of the "Year One Thousand Seven Hundred and Nine."

Upon reading the Petition of the Honourable William
Cecil Efquire, the Honourable Charles Cecil Efquire, and
the Right Honourable John Earl of Exeter; praying
Leave to bring in a Bill, for Sale of fo much of the
Manors, or Lordships, in the Petition mentioned, as
will be fufficient to pay off the Sum of Ten Thoufand
Five Hundred Pounds, for which they are
are mort-
gaged:

It is ORDERED, by the Lords Spiritual and Tempo-
ral in Parliament affembled, That the Confideration of
the faid Petition fhall be, and is hereby, referred to
Mr. Baron Price and Mr. Juftice Dormer; who are
forthwith to fummon all Parties concerned in the Bill,
and, after hearing them, to report to the House the State
of the Cafe, with their Opinion thereupon, under their
Hands, and whether all Parties concerned in the Con-
fequences of the Bill have figned the Petition; and alfo
that the Judges, having perufed the Bill, do fign the
fame.

Upon reading the Petition of Richard Breton Efquire, and Mary Breton Widow; praying Leave to bring in VOL. XVIII

a Bill, for Sale of certain Woods and Pieces of Wood-
ground in the Parishes of Woodchurch, Kenarton, alias
Kenardington, Boughton, Alugh, Molifh, and Godmersham,
in the County of Kent, and of Three Farms in the fame
County, for Payment of the Debts charged thereon;
and that the Surplus of the Money arifing by fuch
Sale (if any be) may be laid out in the Purchase of
other Lands to the fame Ufes:

It is ORDERED, by the Lords Spiritual and Tempo
ral in Parliament affembled, That the Confideration of
the faid Petition fhall be, and is hereby, referred to
Mr. Juftice Tracy and Mr. Baron Lovell; who are forth-
with to fummon all Parties concerned in the Bill; and,
after hearing them, to report to the House the State of
the Cafe, with their Opinion thereupon, under their
Hands, and whether all Parties that may be concerned
in the Confequences of the Bill, have figned the Peti-
tion; and alfo that the Judges, having perufed the Bill,
do fign the fame.

Petition, re

Upon reading the Petition of Richard Minfbull of Bourton, in the County of Bucks, Efquire; praying terred to Leave to bring in a Bill, to vest so much of his Eftate, Judges. in the Petition mentioned, as is not limited in Jointure, in Trustees, by Sale or Mortgage, to raise Monies, for Payment of a Debt of Eight. Thousand Pounds, and Five Thousand Pounds for his Daughter's Portion; and that the Refidue may be fettled to fuch Ufes as the Petitioner, with the Confent of his Wife, and the Truftees, and the Survivors and Survivor of them, fhall think fit:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Confideration of the faid Petition fhall be, and is hereby, referred to the Lord Chief Juftice of Her Majefty's Court of Common Pleas and the Lord Chief Baron of Her Majesty's Court of Exchequer ; who are forthwith to fummon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Cafe, with their Opinion thereupon, under their Hands, and whether all Parties concerned in the Confequences of the Bill have figned the Petition; and alfo that the Judges, having perufed the Bill, do fign the fame.

tion, referred

to Judges.

Upon reading the Petition of George Penne Efquire Penne's Petiand Sufanna his Wife; praying Leave to bring in a Bill, for enabling him to fell Lands for Payment of his Debts, and enlarging a Truft for that Purpose, contained in an Act of Parliament in the Petition fet forth:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Confideration of the faid Petition fhall be, and is hereby, referred to the Lord Chief Juftice of Her Majefty's Court of Queen's Bench and Mr. Juftice Powell; who are forthwith to fummon all Parties concerned in the Bill; and, after hearing them, to report to the Houfe the State of the Cafe, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Confequences of the Bill have figned the Petition; and alfo that the judges, having perufed the Bill, do fign the fame.

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fuerunt:

Ds. Cancellarius.

Comes Godolphin,
Thefaurarius.

Dux Somerfet.
Dux Richmond.
Dux Grafton.
Dux Ormonde.
Dux Bolton.
Dux Shrewsbury.
Dux Buckingham &
Normanby.
Dux Hamilton.
Dux Montrofe.
Dux Dover.

March. Kent, Came

rarius.

March. Dorchester.

March. Lothian.

Comes Lincoln.
Comes Dorfett &
Middl'x.

Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Manchefter.
Comes Rivers.
Comes Scarfdale.
Comes Effex.
Comes Feverfham.
Comes Rochester.
Comes Plimouth.

Comes Scarbrough.
Comes Jersey.
Comes Grantham.

Comes Wharton.

Comes Poulett.

Comes Cholmondeley.
Comes Crafurd.
Comes Mar.

Comes Rothes.

Comes Loudoun.
Comes Wemyss.
Comes Leven.
Comes Northek.
Comes Seafield.

Comes Rofeberie.
Comes Glasgow.

PRAYER S.

Ds. Delawarr.
Ds. Howard Eff.
Ds. Hunfdon.
Ds. Mohun.
Ds. Byron.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Dartmouth.
Ds. Guilford.
Ds. Wefton.
Ds. Herbert.
Ds. Haverfham.
Ds. Gernsey.

Petition, re

Upon reading the Petition of Alice Haydon, Widow Haydon & al. and Relict of Gideon Haydon Efquire, deceafed, and ferred to William Fitch Efquire, Uncle and Guardian of Gideon Judges. Haydon and Thomas Haydon, Infants, Children of the faid Gideon and Alice, and Trustee in the Marriage Settlement of the faid Gideon and Alice, for and on Behalf of the faid Infants, and themselves and others; praying Leave to bring in a Bill, for Sale of the Manors of Farwood and Farway, and other Lands and Tenements, in the County of Devon, for Payment of the Debts wherewith they are incumbered; and for laying out the Overplus of the Money in the Purchase of other Lands and Tenements, to be fettled for the Jointure of the Petitioner Alice, and for the Provision of the faid Infants:

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

ORDERED, That the faid Bill be committed to a
Committee of the whole Houfe, prefently.

Then the House was adjourned during Pleasure, and
put into a Committee on the faid Bill.

After fome Time, the Houfe was refumed.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Confideration of the faid Petition fhall be, and is hereby, referred to Mr. Juftice Gould and Mr. Baron Bury; who are forthwith to fummon all Parties concerned in the Bill; and, after hearing them, to report to the Houfe the State of the Cafe, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Confequences of the Bill have figned the Petition; and alfo that the Judges, having perufed the Bill, do fign the fame.

And the Lord Herbert reported, "That the Com"mittee of the whole Houfe had gone through the said "Bill; and think it fit to pafs, without any Amend"ment."

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Upon reading the Petition of John Lewis Calendrini Calendrini and John James Ployard, Merchants; fhewing, "That, Hugueton. "after a tedious Suit at Law, they recovered a Judge

66

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ment, against one John Henry Hugueton, for Twelve "Hundred and Fifty Pounds, and Hugueton brought a "Writ of Error in the Queen's Bench; and, after long Delay, Judgement was affirmed thereon for the "Petitioners; and Hugueton running away beyond the "Seas, the Petitioners put the Recognizance in Suit "against Rene Rauc and Mathew Kirwood, who are Hugueton's Security: That, laft Michaelmas Term, the "Lord Chancellor did pronounce Judgement for Sir John Trevor Knight and Sir Lacon William Child Knight, whofe Names were made Ufe of as Plaintiffs "in the Proceedings for the Petitioners; and a Writ of "Error was brought the fame Day Judgement was given; and they have not yet tranfcribed the Record, "or made any Manner of Proceeding fince that Time; " and the Petitioners Agents dare not take out any Execution, on the faid Judgement obtained on the said Re"cognizance, without Leave of this Houfe; and praying, "that they may be at Liberty to take out Execution upon the Judgement obtained on the faid Recognizance, or proceed for the obtaining their Debt; and "that Service upon the faid Hugueton's Attorney may be good Service of this Order :"

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Champer

nowne

verfus Hillerfden.

Elections of Peers in Scotland, to be confidered.

Adjourn.

gueton, or his Agents, fhall caufe the faid Record to be tranfcribed, and brought into this Houfe on or before the First Day of the Sitting of this House after the Recefs now at Hand; and, on Failure thereof, the Petitioners John Lewis Calendrini and John James Ployard to take out Execution upon the faid Judgement obtained upon the Recognizance, or proceed as they fhall be advised therein, for the obtaining their Debt; and that the Service of this Order upon the faid Hugueton's Attorney in this Caufe fhall be good Service.

Upon reading the Petition and Appeal of Henry Champernowne, from a Decree made in the Court of Chancery, the Twentieth of June in the Fifth Year of Her prefent Majefty's Reign, on the Behalf of Urfula Hillerfden; and praying the Reverfal of the faid Decree; and that the Refpondent may answer the Petition, and all Proceedings below stayed:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Urfula Hillerfden may have a Copy of the faid Appeal, and hall and the is hereby required to put in her Anfwer thereunto, in Writing, on the Seventh Day of January next, at Eleven a Clock; and that in the mean Time all Proceedings on the faid Decree be stayed.

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Epus. Sarum. Epus. Bangor. Epus. Lincoln. Epus. Landaven. Epus. Afaphen.

fuerunt:

Ds. Cancellarius.
Comes Godolphin,
Thefaurarius.
Dux Newcastle,
C. P. S.
Dux Somerset.
Dux Beaufort.
Dux Bolton.

Dux Buckingham &

Normanby. Dux Hamilton. Dux Montrofe.

Dux Roxburghe.

Dux Dover.

March. Kent, Camerarius.

March. Dorchefter.

March. Lothian.

Comes Derby.
Comes Leicester.

Comes Westmorland.

Comes Peterborow.
Comes Scarfdale.
Comes Effex.
Comes Feverfbam.
Comes Radnor.

Ds. Delawarr.
Ds. Hunfdon.
Ds. Howard Efc.
Ds. Mohun.
Ds. Lexington.
Ds. Dartmouth.
Ds. Guilford.
Ds. Herbert.
Ds. Halifax.
Ds. Gernfey.

Comes Scarbrough Comes Rochford. Comes Orford. Comes Wharton. Comes Poulet. Comes Cholmondeley. Comes Mar. Comes Loudoun. Comes Wemyss. Comes Leven. Comes Northesk. Comes Seafield.

Comes Rofeberie.

Comes Glasgow.

Viscount Townshend.

PRAYERS.

Minor, about the Age of Eighteen Years, Son and tion, retered Upon reading the Petition of Thomas Dove Efquire, a Dove's PetiHeir of William Dove, late of Upton, in the County of North'ton, Efquire, deceased, by Christopher Jackson, of Doddington, in the faid County, Gentleman, his GuarBill, to enable him (though a Minor) to make Sale of dian and next Friend; praying Leave to bring in a his Eftates at Havon-Court in North'tonfhire, and Caftle Acre in Norfolke, for the Payment of Debts and Legacies:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Confideration of the faid Petition fhall be, and is hereby, referred to Mr. Juftice Tracy and Mr. Baron Lovell; who are forthwith to fummon all Parties concerned in the Bill; and, after hearing them, to report to the Houfe the State of the Cafe, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Confequences of the Bill have figned the Petition; and alfo that the Judges, having perused the Bill, do fign the fame.

referred to

Upon reading the Petition of Edward Hill, of Roth Hill's Petition, well in the County of North'ton, Efquire; praying Judges. Leave to bring in a Bill, to enable him to fell Part of his Lands and Tenements, to pay and discharge fuch Debts and Portions as are charged thereupon :

It is ORDERED, by the Lords Spiritual and Tempo ral in Parliament affembled, That the Confideration of the faid Petition fhall be, and is hereby, referred to Mr. Baron Price and Mr. Juftice Dormer; who are forthwith to fummon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Cafe, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Confequences of the Bill have figned the Petition; and alfo that the Judges, having perufed the Bill, do fign the fame.

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