House of Lords Journal Volume 23: March 1729, 21-30

March 1728, 21-30

DIE Veneris, 21^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Dartmouth's Privilege, referred to a Committee:

Complaint being made to the House, of a Breach of Privilege, by Alexander Minshull, William Chester, and Lawrence Ratcliffe, for having distrained, on the Sixteenth of January last, on the Goods of Thomas Chambers and Abraham Clowder, Two of the Earl of Dartmouth's Tenants, in the Parish of Lewisham, in the County of Kent, under Pretence of a Warrant granted by some of the Commissioners of Sewers; whereby they were empowered, as they alledged, to levy Double Assessments; which Distress the Three Persons first abovementioned made for the Lands of the said Earl in the Possession of such Tenants, knowing the same belonged to the said Earl:

It is Ordered, That the Matter of the said Complaint be, and is hereby, referred to the Consideration of the Lords Committees for Privileges:

Minshull & al. to attend, for distraining his Tenants for Assessments for Sewers.

Their Lordships to meet on Tuesday Morning next; and that the said Alexander Minshull, William Chester, and Lawrence Ratcliffe, do attend the said Committee.

Then the said Thomas Chambers and Abraham Clowder, together with John Sidebourne, George Farrin, and Thomas Everard, were called in, and sworn, at the Bar, in order to give Evidence before the said Committee.

Black Rod's Petition, touching Attachment Fees received by the Serjeant at Arms.

A Petition of Sir Charles Dalton, Gentleman Usher of the Black Rod, was presented to the House, and read; setting forth, "That the Serjeant at Arms in sists, That, by virtue of an Order made the Twentysecond of March 1725, he is entitled to all Fees from Persons attached by him;" and praying, "That the said Order may be discharged, so far as it assects the Petitioner; or that he may be heard, by his Counsel, as to his Right in that Behalf."

And thereupon the Report from the Committee, touching the Fees of the Officers of this House, so far as the same relates to the Matter in Dispute mentioned in the said Petition, and the Order thereupon, being read:

It is Ordered, That the said Petition do lie on the Table.

Then it being moved, "That it might be declared to be the Sense and Meaning of this House, by the said Report of Fees, That where it is thereby particularly mentioned and specified to which Clerk or Officer any Fee belongs, the same be paid to such Clerk or Officer accordingly:"

The Lord Chancellor declared the Meaning of the House to be according to the said Motion.

Messages from H. C. to return Scawen's Bill;

A Message was brought from the House of Commons, by Sir Henry Hoghton and others:

To return the Bill, intituled, "An Act to enable Thomas Scawen Esquire and others to make Leases of several Manors and Lands in Cornwal, according to the Custom of that County, and of the several Manors in which the same do lie;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Lapierre & al. nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Peter Lapierre, John Stephen Benezet, Stephen Tessier, and Godfrey Schreve;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

L. Ashburnham's Privilege: Madgwick discharged.

Thomas Madgwick, in Custody of the Serjeant at Arms attending this House, for causing a Hedge to be cut down, and carried away, which belonged to the Lord Ashburnham, was (according to Order) brought to the Bar, by the said Serjeant; where he, upon his Knees, receiving a Reprimand from the Lord Chancellor for his said Offence, was discharged out of Custody, paying his Fees.

Land Tax Bill.

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

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

Staffordshire Roads, to repair, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Roads leading from Cannals Gate to the City of Lichfield, and from the said City to Stone, and from thence to the End of the County of Stafford, in the Post Road towards Chester; and also from the Town of Burton upon Trent to the said City of Lichfield, and from thence to Wood End and Ogley Hay; and also from the said City of Lichfield to High Bridges, in the County of Stafford, and the County of the said City of Lichfield."

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

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Carter's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of William Carter Esquire, in the Counties of Denbigh, Flint, and Carnarvon; and to settle other Manors and Lands, in the County of Lincoln, of greater Value, to the same Uses."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees above named:

Their Lordships, or any Five of them; to meet at the same Place, on the Second Day of Meeting after the Recess at Easter.

Nugent versus Power & al.:

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of Augustine Nugent Esquire; complaining of several Orders, Reports, and Decrees, of the Court of Chancery in Ireland, made in a Cause wherein Robert Power and Mary his Wife, Edmund Mandeville and Ellen his Wife, were Plaintiffs, and the Appellant and others were Defendants; and in a Cross Cause, wherein the said Appellant was Plaintiff, and the said Robert Power and Mary his Wife, Edmund Mandeville and Ellen his Wife, and others, were Defendants; and praying, "That the said Orders, Reports, and Decrees, may be reversed:" As also upon the Answer of the said Robert Power and Mary his Wife, Edmund Mandeville and Ellen his Wife, put in to the said Appeal:

And the Appellant's Counsel desiring, "That the Hearing may be adjourned for some Time, the Papers and Pleadings in this Cause not being yet brought from Ireland:"

And the Respondents Counsel being likewise heard, in relation thereunto; as also upon the Matter of the said Appeal:

And due Consideration had of what was offered in this Cause:

Orders, Reports, and Decrees, 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 Orders, Reports, and Decrees, therein complained of, be, and are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondents, the Sum of Two Hundred Pounds, for their Costs in respect of the said Appeal.

Perot's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the several Manors and Lands therein mentioned, the Estate of Henry Perrot Esquire (which lie dispersedly), on himself and his Heirs, or in Trust for him and his Heirs, free from the Charges of his Marriage Settlement, on settling other Estates of the same Value, in Lieu thereof, to the same Uses as the Manors and Lands so to be vested are and stand settled," was committed: "That they had considered the said Bill, and gone through the same, and made several Amendments thereunto."

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

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

L. Visc. Molyneux's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for selling Part of the settled Estate, lying in the County of Lancaster, of Richard Lord Viscount Molyneux in the Kingdom of Ireland, for raising Money to discharge his Father's Incumbrances thereon; and likewise for making Provision for his Brothers and Sisters, and for the Payment of his own Debts; and for settling other Lands as an Equivalent for the same," was committed: "That they had considered the said Bill, and gone through the same, and made some Amendments thereunto."

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

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

Sale of Annuities to the Bank, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for raising the Sum of One Million Two Hundred and Fifty Thousand Pounds, by Sale of Annuities to the Bank of England, after the Rate of Four Pounds per Centum per Annum, redeemable by Parliament; and for applying the Produce of the Sinking Fund."

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. Holford and Mr. Tothill:

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

Forgery and Perjury, to punish, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more effectual preventing and further Punishment of Forgery, Perjury, and Subornation of Perjury; and to make it Felony to steal Bonds, Notes, or other Securities for the Payment of Money."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Tothill:

To carry down the said Bill, and desire their Concurrence thereunto.

Adjourn.

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

DIE Sabbati, 22^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by virtue of a former Commission.

Robinson versus Mercer.

The Answer of Grace Mercer Widow, John Mercer, Joseph, Mary, Jemeyma, James, and Elizabeth Mercer, Infants, by the said Grace Mercer their prochein Amie, to the Appeal of George Robinson Gentleman and others, was brought in.

Abp. York Leave for a Bill.

Upon reading the Petition of Lancelot Archbishop of York; praying Leave to bring in a Bill, for establishing and rendering effectual an Exchange of the Advowson of the Vicarage of Brafferton, in the County of York, for the Advowson of the Vicarage of Bishopthorp, in the same County:

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

Brafferton Advowson Exchange for Bishopthorp, Bill.

Then the Lord Delawarr presented to the House, pursuant to the said Order, a Bill, intituled, "An Act for vesting the Advowson of the Vicarage of Brafferton, in the County of York, in His Majesty, in Exchange for the Advowson of the Vicarage of Bishopthorp, in the same County, thereby vested in the Archbishop of York."

The said Bill was read the First Time.

Eliz. Agar to be brought to the Bar for rescuing a Prisoner.

A Petition of Elizabeth the Wife of James Agar, in Custody of the Gentleman Usher of the Black Rod, for assisting in rescuing her Husband from the Black Rod's Messenger, formerly ordered into Custody, for arresting the Countess Dowager of Cassillis, was presented to the House, and read; praying, "In tender Compassion to her Misfortune, and the miserable Poverty of her Family, that she may be discharged:"

It is Ordered, That the Petitioner be brought to the Bar on Monday next, in order to her Discharge.

Warneford's Bill.

The Earl of Findlater (pursuant to the Order of this House on the Twenty-eighth of February last) presented a Bill, intituled, "An Act for exemplifying the last Will of Edmund Warneford Esquire, and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland."

The said Bill was read the First Time.

Robinson versus Mercer & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Robinson Gentleman and Anne his Wife, on Behalf of themselves and William Court an Infant, are Appellants, and Grace Mercer Widow, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Staffordshire Roads to repair, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Roads leading from Cannals Gate to the City of Lichfield, and from the same City to Stone, and from thence to the End of the County of Stafford, in the Post Road towards Chester; and also from the Town of Burton upon Trent to the said City of Lichfield, and from thence to Wood End and Ogley Hay; and also from the said City of Lichfield to High Bridges, in the County of Stafford, and the County of the said City of Lichfield," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, 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, to be raised by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Twenty-nine."

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

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

Causes put off.

Whereas Monday next is appointed, for hearing the Cause wherein Mary Danson, Widow of John Danson Esquire, deceased, is Appellant, and Nicholas Trott Esquire and Anne his Wife, and others are Respondents:

It is Ordered, That the Hearing the said Cause be adjourned till Wednesday next; and the other Causes removed One Cause-day in Course.

Adjourn.

Robertus Raymond Miles, Capitalis Justiciarius de Banco Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 24^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

D. of Douglas versus L. Strathnaver.

The Answer of William Lord Strathnaver, to the Appeal of Archibald Duke of Douglas:

Ross versus Lady Strathnaver.

Also, the Answer of Katherine Lady Strathnaver, to the Appeal of Alexander Ross:

Magistrates of Perth versus Presbytery of Perth.

And likewise, the Answer of the Presbytery of Perth, to the Appeal of the Magistrates and Town Council of Perth;

Were this Day brought in.

Land Tax Bill:

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

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. Kinaston and Mr. Burroughs:

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

Staffordshire Roads to repair, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Roads leading from Cannals Gate to the City of Lichfield, and from the same City to Stone, and from thence to the End of the County of Stafford, in the Post Road towards Chester; and also from the Town of Burton upon Trent to the said City of Lichfield, and from thence to Wood End and Ogley Hay; and also from the said City of Lichfield to High Bridges, in the County of Stafford, and the County of the said City of Lichfield."

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. Kinaston and Mr. Burroughs:

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

Conference desired by H. C. in relation to Gibraltar, &c.

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

To desire a Conference with this House, upon the Subject-matter of the last Conference.

To which the House agreed.

And the Messengers were called in, and told, "That the Lords do agree to a Conference, as desired; and appoint it immediately, in the Painted Chamber."

Brafferton Advowson, Exchange for Bishopthorp, Bill:

The House being moved, "That the Bill, intituled, An Act for vesting the Advowson of the Vicarage of Brafferton, in the County of York, in His Majesty, in Exchange for the Advowson of the Vicarage of Bishopthorp, in the same County, thereby vested in the Archbishop of York," may be read a Second Time:

His Majesty's Consent signified.

The Lord viscount Townshend (by His Majesty's Command) acquainted the House, "That His Majesty, having been apprized of the Contents of the abovementioned Bill, was willing the same might be proceeded in; it being no Disadvantage to the Crown, but advantageous to the Archbishop of York."

Then the said Bill was accordingly read a Second Time.

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

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

L. V. Molyneux's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for selling Part of the settled Estate, lying in the County of Lancaster, of Richard Lord Viscount Molyneux in the Kingdom of Ireland, for raising Money, to discharge his Father's Incumbrances thereon; and likewise for making Provision for his Brothers and Sisters, and for the Payment of his own Debts; and for settling other Lands as an Equivalent for the same."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

To carry down the said Bill, and desire their Concurrence thereunto.

Perrot's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the several Manors and Lands therein mentioned, the Estate of Henry Perrot Esquire, which lie dispersedly, on himself and his Heirs, or in Trust for him and his Heirs, free from the Charges of his Marriage Settlement; on settling other Estates, of the same Value, in Lieu thereof, to the same Uses as the Manors and Lands so to be vested are and stand settled."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

To carry down the said Bill, and desire their Concurrence thereunto.

Elsdon Common to enclose, Bill.

The Lord Delawarr presented to the House, pursuant to the Order of the Twenty-eighth of February last, a Bill, intituled, "An Act for dividing and enclosing the Common called Elsdon Common, in the Parish of Elsdon, in the County of Northumberland."

The said Bill was read the First Time.

Conference had with the Commons about Gibraltar, &c.

The House being informed, "That the Managers for the Commons were ready, in the Painted Chamber:"

The Names of the former Managers for this House were read.

And the House was adjourned during Pleasure; and the Lords went to the Conference.

Which being ended, the House was resumed.

Report of it.

And the Lord President reported, "That they had met the Managers for the Commons, at the Conference; who had returned their Lordships Resolution, agreed to by that House, with filling up the Blank with the Word ["Commons"]."

Ordered, That the said Resolution be laid before His Majesty.

Ordered, That the Managers for this House be appointed a Committee, to prepare an Address, to be presented to His Majesty, thereupon; and do meet immediately, in the Earl Marshal's Room.

Then the House was adjourned during Pleasure; and the Lords withdrew, to draw the Address.

After some Time, the House was resumed.

And the Lord President reported from the said Committee, an Address drawn by them, as follows; (videlicet,)

Address concerning Gibraltar and Minorca.

Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, have, upon mature Deliberation, come to the following Resolution, which we humbly beg Leave to lay before Your Majesty:

"Die Martis, 18^o Martii, 1728.

"Resolved, by the Lords Spiritual and Temporal and Commons in Parliament assembled, That they do entirely rely upon His Majesty, that He will, for the maintaining the Honour, and securing the Trade, of this Kingdom, take effectual Care, in the present Treaty, to preserve His undoubted Right to Gibraltar and the Island of Minorca."

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

Ordered, That the said Address be communicated to the Commons, at a Conference; and their Concurrence desired.

Message to H. C. for a Conference about it.

Then a Message was sent to the House of Commons, by the Lord Chief Justice of the Court of King's Bench and Mr. Justice Price:

To desire a present Conference with that House, in the Painted Chamber, upon the Subject-matter of the last Conference.

The Messengers, being returned, acquainted the House, That the Commons do agree to a present Conference, as desired."

The House being informed, "That the Managers for the Commons were ready, in the Painted Chamber:"

The Names of the Managers for the Lords were read.

And the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That they had met the Managers for the Commons, at the Conference; and communicated to them the said Address, and desired the Concurrence of that House therein."

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who 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 Titles of the other Bills to be passed, severally, as follow; (videlicet,)

Bills passed.

"1. An Act for raising the Sum of One Million Two Hundred and Fifty Thousand Pounds, by Sale of Annuities to the Bank of England, after the Rate of Four Pounds per Centum per Annum, redeemable by Parliament; and for applying the Produce of the Sinking Fund."

"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 Twenty-nine."

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

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

"3. An Act for making good the Loss occasioned by a Sum of Money being stolen out of His Majesty's Exchequer, in the Year One Thousand Seven Hundred and Twenty-four."

"4. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

"5. An Act for repairing the Roads leading from Cannals Gate to the City of Lichfield, and from the said City to Stone, and from thence to the End of the County of Stafford, in the Post Road towards Chester; and also from the Town of Burton upon Trent to the said City of Lichfield, and from thence to WoodEnd and Ogley Hay; and also from the said City of Lichfield to High Bridges, in the County of Stafford, and the County of the said City of Lichfield."

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

"Le Roy le veult."

"6. An Act for exemplifying the several Wills and Codicils of James late Earl of Anglesey and John late Earl of Anglesey; and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland."

"7. An Act to enable Thomas Scawen Esquire, and others, to make Leases of several Manors and Lands in Cornwall, according to the Custom of that County, and of the several Manors in which the same do lie."

"8. An Act for naturalizing Peter Lapierre, John Stephen Benezet, Stephen Tessier, Godfrey Schreve, and others."

"9. An Act for naturalizing John Jacob Dillenius, Bridget Pollard, and John Elout."

"10. An Act for naturalizing James Passano."

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

"Soit fait comme il est desire."

Then His Majesty was pleased to retire; and the Commons returned to their House.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Warneford's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for exemplifying the last Will of Edmund Warneford Esquire; and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees beforenamed:

Their Lordships, or any Five of them; to meet on Thursday next; at the same Place.

Judges to prepare a Bill, to make Exemplification of Wills Evidence.

Ordered, That the Judges do prepare, and bring in, a Bill, for the Exemplification of Wills, and making such Exemplification Evidence.

Conference about the Address concerning Gibralter, &c resired by H. C. agreed to.

A Message was brought from the House of Commons, by the Lord Harry Pawlet and others:

To desire a Conference with this House, upon the Subject-matter of the last Conference.

To which the House agreed.

And the Messengers were called in, and told, "That the Lords do agree to a Conference, as desired; and appoint it immediately, in the Painted Chamber.

Lamplugh's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in Thomas Lamplugh Clerk, and his Heirs, the Rectory of Felkirk, in the County of York, being Leasehold for Three Lives, comprized in his Marriage Settlement; and for settling other Fee-simple Lands and Tenements, in Potto, in the same County, of better Value, in Lieu thereof," was committed: "That they had considered the said Bill, and gone through the same, and made some Amendments thereunto."

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

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

Conference had.

The House being informed, "That the Managers for the Commons were ready, in the Painted Chamber:"

The Names of the former Managers for this House were read.

And the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That they had met the Managers for the Commons, at the Conference; who had delivered back the Address, agreed to, by filling up the Blank with the Word ["Commons"]."

Ordered, That the said Address be presented to His Majesty by the whole House.

Lords to know when His Majesty will be attended with the Address.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will be pleased to appoint to be attended, with an Address of both Houses of Parliament.

Elis. Agar discharged.

Elizabeth the Wife of James Agar, in Custody of the Gentleman Usher of the Black Rod, for rescuing her Husband when attached by the said Black Rod's Deputy, was (according to Order) brought to the Bar; where she, on her Knees, receiving a Reprimand from the Lord Chancellor for the said Offence, was discharged out of Custody, paying her Fees.

Address for Copies of Letters from and to Admirals.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that Copies of all the Letters written by Admiral Hosier, or the Commanders in Chief who succeeded him, to the Commissioners for executing the Office of Lord High Admiral of Great Britain, from the First of June 1726 to the Twenty-fifth of March last; and likewise Copies of all the Letters written by the said Commissioners, or their Secretary, to any of the said Commanders, within the said Time, be laid before this House."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Depredations by the Spaniards to be laid before the House.

Ordered, That the Commissioners for executing the Office of Lord High Admiral of Great Britain do lay before this House all such Accounts as they have received, relating to any Depredations made by the Spaniards on His Majesty's Subjects in America for Five Years past.

His Majesty to be attended with the Address:

The Lord Chamberlain acquainted the House, "That the Lords with White Staves (according to Order) had waited on His Majesty, humbly to know what Time His Majesty will be pleased to appoint, to be attended, with an Address of both Houses of Parliament; and that His Majesty had been pleased to appoint To-morrow, at Two a Clock, at His Palace of St. James's."

Commons acquainted with it.

Then a Message was sent to the House of Commons, by Mr. Burroughs and Mr. Tothill:

To acquaint them, "That the Lords having sent to His Majesty, humbly to know what Time His Majesty would be pleased to appoint to be attended, with an Address of both Houses of Parliament; His Majesty had been pleased to appoint To-morrow, at Two a Clock, at His Palace of St. James's; and that their Lordships do intend to be there at that Time."

D. of Douglas versus L. Strathnaver.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Archibald Duke of Douglas is Appellant, and William Lord Strathnaver is Respondent:"

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.

Adjourn.

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

DIE Martis, 25^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Falmouth versus Ennys.

The Answer of Samuel Ennys Esquire, One of the Respondents to the Appeal of Hugh Lord Viscount Falmouth and others:

As also, the Answer of Robert Tresusis Esquire, to the same Appeal;

Were brought in.

Debtors Relief, Bill.

The Order of the Day being read, for the House to be put into a Committee, to consider further of the Bill, intituled, "An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons; and for the more easy Recovery of Debts:"

It is Ordered, That the House be put into a Committee thereupon, on Friday next.

Adjourn.

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

DIE Mercurii, 26^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Answer to the Address of both Houses, concerning Gibraltar and Minorca.

The Lord Chancellor reported, "That both Houses did Yesterday present to His Majesty their humble Address; and that His Majesty was pleased to return a most Gracious Answer thereunto, as follows; (videlicet,)

"My Lords, and Gentlemen,

"I thank you for the Confidence you repose in Me. I will take effectual Care, as I have hitherto done, to secure My undoubted Right to Gibraltar and the Island of Minorca."

Ordered, That the Address of both Houses of Parliament presented to His Majesty, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

His Majesty's Answer to the Address for Papers.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of this House, on Monday last, That He would be graciously pleased to give Directions, that Copies of all the Letters written by Admiral Hosier, or the Commanders in Chief who succeeded him, to the Commissioners for executing the Office of Lord High Admiral of Great Britain, from the First of June 1726, to the Twenty-fifth of March 1728; and likewise Copies of all the Letters written by the said Commissioners, or their Secretary, to any of the said Commanders, within the said Time; to be laid before this House; and that His Majesty had been pleased to give Direction accordingly."

Instructions to Admirals, Letters, &c.

Then the Lord Viscount Torrington presented to the House (pursuant to the said Address) the several Copies desired thereby; with a List thereof.

Which was read, by the Clerk; and is as follows:

"9th March, 1725. Instructions to Vice Admiral Hosier."

"26th, 1726. Instructions to Vice Admiral Hosier."

"28th. Letter from Mr. Burchett to Vice Admiral Hosier, in Town."

"30th. Instructions to Vice Admiral Hosier."

"30th. Letter from Mr. Burchett to Vice Admiral Hosier, in Town."

"4th, 1726, Instructions to Vice Admiral Hosier."

"15th July, 1727. Letter from Vice Admiral Hosier, off Carthagena, to Mr. Burchett."

Accounts of Depredations made by the Spanards.

Then the Lord Viscount Torrington presented to the House, pursuant to their Lordships Order of Monday last, all such Accounts as the Commissioners for executing the Office of Lord High Admiral of Great Britain have received, relating to Depredations made by the Spaniards on His Majesty's Subjects in America, for Five Years past; with a List thereof.

Which was read, by the Clerk; and is as follows:

"15th April, 1725. From George Phenny Esquire, Governor of The Bahama Islands, to Mr. Burchett."

"2 May, 1725. From Captain Barrow Harris, at Jamaica, to Mr. Burchett."

"15 September. From Captain Anson, of The Scabrough, at Carolina, to Mr. Burchett."

"10 November 1726. From George Phenny Esquire, Governor of The Bahama Islands."

"5 March 1726/7. From Captain Delgarno, of The South Sea Castle, at Antegoa, to Mr. Burchett."

"27 September 1727. From Edward St. Lo Esquire, at Jamaica, to Mr. Burchett."

"19 May, 1728. From Edward St. Lo Esquire, at Jamaica, to Mr. Burchett."

"24th June. From Edward St. Lo Esquire, at Jamaica, to Mr. Burchett."

"27. From Captain Davers, of The Dolphin, at Barbadoes, to Mr. Burchett."

"4 July. From Edward St. Lo Esquire, at Jamaica, to Mr. Burchett."

"19. From Captain Davers, of The Dolphin, in Carlisle Bay, to Mr. Burchett."

"3 August. From Captain Berkeley, of The Rippon, at Spithead, to Mr. Burchett."

"5th. From Edward St. Lo Esquire, at Jamaica, to Mr. Burchett."

"5. From Robert Hunter Esquire, Governor of Jamaica, to Mr. Burchett."

"16. From Captain Berkeley, of The Rippon, at Spithead, to Mr. Burchett."

"25. From Edward St. Lo Esquire, at Jamaica, to Mr. Burchett."

"14 September. From Edward St. Lo Esquire, at Jamaica, to Mr. Burchett."

Ordered, That the said Copies and Accounts do lie on the Table,

E. of Dartmouth's Privilege; Report Committee Privileges;

The Lord Delawarr reported from the Lords Committees for Privileges, to whom was referred the Matter of the Complaint, made the Twenty-first Instant, "That Alexander Minshull, William Chester, and Lawrence Ratcliffe, did, on the Sixteenth of January last, distrain the Goods of some of the Tenants of the Earl of Dartmouth, in the Parish of Lewisham, in the County of Kent, under Pretence of a Warrant granted by some of the Commissioners of Sewers, for levying Assessments made for Lands of the said Earl, in the Possession of such Tenants:" "That the Committee have considered the Matter of the said Complaint, and examined several Witnesses upon Oath in relation thereunto, and heard the several Persons complained of; and are of Opinion, That the said Alexander Minshull, William Chester, and Lawrence Ratcliffe, are guilty of a Breach of the Privilege of this House."

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

Minshull & al. to be attached;

Ordered, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Alexander Minshull, William Chester, and Lawrence Ratcliffe, and keep them in safe Custody until further Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Francis Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Committee to examine into the Proceedings of Commissioners of Sewer in Kent.

The Lords following were appointed a Committee, to examine into the Proceedings of the Commissioners of Sewers, for the Limits extending from the Head of the River Ravensborne unto Lombard's Wall, in the County of Kent; and to report to the House; (videlicet,)

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

Graham versus Whites:

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, wherein James Graham is Plaintiff, and Radolph White and Peter White are Defendants:"

Errors to be argued.

It is Ordered, That this House will hear the said Errors argued, by Counsel on both Sides, at the Bar, on the First vacant Day for Causes after those already appointed.

Enys versus V. Falmouth & al.

Upon reading the Petition and Appeal of Samuel Enys, of Truroe, in the County of Cornwall, Esquire; complaining of a Decree of the Court of Chancery, made the Twenty-fifth Day of January last, in a Cause wherein Hugh Lord Viscount Falmouth, John Coster, Thomas Coster, Nehemiah Champion, and John Essington, Esquires, were Plaintiffs, and the Appellant and others were Defendants; and praying, "That the same may be reversed, and the Plaintiffs Bill dismissed, with Costs:"

It is Ordered, That the said Hugh Lord Viscount Falmouth, John Coster, Thomas Coster, Nehemiah Champion, and John Essington, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Ninth Day of April next.

Magistrates of Perth versus Presbytery of Perth.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Magistrates and Town Council of Perth, for themselves and in Behalf of the Community of the said Borough, are Appellants, and the Presbytery of Perth 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.

Ross versus Lady Strathnaver.

The like Motion and Order for hearing the Cause wherein Alexander Ross Writer to the Signet is Appellant, and Katharine Lady Strathnaver is Respondent, on the next vacant Day for Causes after those already appointed.

Danson versus Trott & al.

Counsel (according to Order) were called in, and heard, upon the amended Petition and Appeal of Mary Danson, Widow of John Danson Esquire, deceased; complaining of a Decree and Orders of the Court of Chancery; as also upon the Answers of Nicholas Trott Esquire and Anne his Wife, and Elizabeth Moor and others, put in to the said Appeal.

And the Counsel being withdrawn:

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

State of the Nation, Consideration adjourned.

The House being moved, "To adjourn the further Consideration of the State of the Nation, which is appointed for To-morrow, till the Thursday after the approaching Recess."

After Debate;

The Question was put thereupon.

And it was Resolved in the Affirmative.

Ordered accordingly; and the Lords to be summoned.

Duncan versus Ure.

The House being moved, "That the Hearing the Cause wherein Charles Duncan Deacon of the Goldsmiths of Edinburgh is Appellant; and Archibald Ure is Respondent, which stands for To-morrow, may be put off for some Time, in regard the Matter in Difference is like to be accommodated:"

And the Agents on both Sides consenting thereunto under their Hands:

It is Ordered, That the Hearing the said Cause be adjourned till the First vacant Day for Causes after those already appointed.

Adjourn.

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

DIE Jovis, 27^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Birch to take the Surname of Wyrley, Bill.

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

With a Bill, intituled, "An Act to enable Humphrey Wyrley Birch Esquire, and his Heirs and Issue Male, to take and use the Surname of Wyrley, pursuant to the Deed of Settlement made on the Marriage of Peter Birch Doctor in Divinity with the Daughter of Humphrey Wyrley Esquire, deceased;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return Grey's Bill.

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

To return the Bill, intituled, "An Act for the more effectual putting in Execution an Act of Parliament, made and passed in the Twelfth Year of the Reign of King George the First, intituled, "An Act for the Sale of several Estates of Henry Grey Esquire, in the County of Southampton; and for settling other Estates, of equal Value, in the Counties of Berks and Wilts, to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Danson versus Trott & al.

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of Mary Danson, Widow of John Danson Esquire, deceased; complaining of a Decree of the Court of Chancery, made the Seventh of November 1721, in certain Causes; in One of which, Nicholas Trott Esquire and Anne his Wife were Plaintiffs, and John Danson Esquire, the Appellant's late Husband, was Defendant; and in the other, the said John Danson and the Appellant then his Wife, were Plaintiffs, and the said Nicholas Trott Esquire and Anne his Wife, and Elizabeth Moor Widow, were Defendants; and of a subsequent Order, made the Fifteenth of January 1723, in the said last mentioned Cause, between the Appellant, the Widow and Relict of the said John Danson Plaintiff, and the said Nicholas Trott Esquire and Anne his Wife, and the said Elizabeth Moor, Defendants; and praying, "That the same, and the subsequent Orders, may be reversed:" As also upon the Answers of the said Nicholas Trott and Anne his Wife, and Elizabeth Moor, and the Answers of the Honourable James Bertie Esquire and Henry Bertie Esquire, and Hugh Watson Gentleman, put in to the said Appeal; and due Consideration and Debate had of what was offered on all Sides in this Cause:

Decree and Orders reversed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree and subsequent Orders complained of in the said Appeal, made in that Cause wherein the Appellant was Plaintiff, be, and are hereby, reversed: And it being offered, on the Part of the Appellant, to pay to the Respondent Mr. Henry Bertie, the Money that he paid for the Purchase of the Proprietorship in Question, together with Interest for the same, it is hereby further Ordered, That the Court of Chancery do direct and cause an Inquiry to be made, what was the Principal Sum of such Purchase-money, and from the Time of Payment thereof to compute Interest for the same; and all Parties to be examined on Interrogatories, and to produce all Writings relating thereto, in their respective Custodies or Power, as the Court of Chancery shall order: And, on the Appellant's Payment of what shall be found due for such Principal Money and Interest to the said Henry Bertie, it is further Ordered and Adjudged, That the said Henry Bertie do, at the Costs and Charges of the Appellant, convey the Proprietorship in Question to her and her Heirs; and also that the Respondent Elizabeth Moor do likewise, by proper Conveyances, at the Charges of the Appellant, convey all her Right to the said Proprietorship to the Appellant and her Heirs: And, pursuant to the Consent of the Appellant's Agent, signified at the Bar, it is hereby further Ordered and Adjudged, That what the Appellant shall so as aforesaid pay to the said Mr. Henry Bertie, and to the said Mrs. Moor, shall be re-paid her, by the Respondent Anne Trott, out of the Affets of Nicholas Trott, her deceased Husband, that have or shall come to her Hands; and if she shall not admit Assets in her Hands, then an Accompt is to be taken of Assets, and she is to be examined upon Interrogatories, and to produce, upon Oath, all Books, Papers, and Writings, in her Custody or Power, relating to her Intestate's Estate, as the Court of Chancery shall direct: And it is further Ordered, as to the Respondent Mr. James Bertie, the Appeal be, and is hereby, dismissed this House, with Ten Pounds Costs, to be paid him by the Appellant.

Judges to attend V Say & Seale's Appeal.

Ordered, That in regard there is a Point of Law in the Cause appointed to be heard To-morrow, wherein Lawrence Viscount Say & Seale is Appellant, and the Lady Catherine Jones and others are Respondents; that the Judges in Town do then attend this House.

Lamplugh's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in Thomas Lamplugh Clerk, and his Heirs, the Rectory of Felkirke, in the County of York, being Leasehold for Three Lives, comprized in his Marriage Settlement; and for settling other Fee-simple Lands and Tenements, in Potto, in the same County, of better Value, in Lieu thereof."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Tothill:

To carry down the said Bill, and desire their Concurrence thereunto.

Horan et al. peremptorily to answer Arcedeckne's Appeal.

The House being informed, "That James Horan, Florance Collanan, William Burke, and Nicholas Arce deckne, a Minor, by John Lawrence his Guardian, Jane Arcedeckne, John French, and Darcy Hamilton, Esquires, who, by Order of the Third of February last, were required to put in their Answer, or respective Answers, to the Appeal of Mathias Arcedeckne and Mary Arcedeckne, alias Hannen, his Wife, on or before the Tenth Instant, have neglected so to do, though duly served with the said Order for that Purpose:"

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

Adjourn.

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

DIE Veneris, 28^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Blake versus Blake.

The Answer of Richard Blake Esquire and Elizabeth his Wife, to the Appeal of Robert Blake Esquire and others, was brought in.

Warneford's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for exemplifying the last Will of Edmund Warneford Esquire, and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland," was committed: "That they had considered the said Bill, and gone through the same, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Brasserton Advowson Exchange for Bishopthorp, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Advowson of the Vicarage of Brafferton, in the County of York, in His Majesty, in Exchange for the Advowson of the Vicarage of Bishopthorp, in the same County, thereby vested in the Archbishop of York," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Chaytor's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Henry Chaytor Gentleman to limit a Jointure to a Wife, and to let Leases for Twenty-one Years of his Estate at Croft, in the County of York," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Cotesworth's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Robert Cotesworth Esquire to sell Part of an Estate held by Lease of the Bishop of Durham, for Discharge of his Debts, was committed," "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Graham's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable William Graham, Son of John Graham, late Alderman of Drogbeda, in the Kingdom of Ireland, to make Leases of several Parts of his Estate, in the Counties of Lowth and Meath, and in the County of the Town of Drogbeda, for the better Improvement thereof," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

V. Say & Seale versus Lady C. Jones et al.

Counsel (according to Order) were called in, to be heard upon the Petition and Appeal of Lawrence Viscount Say & Seale, complaining of a Decree of the Court of Chancery; as also upon the Answers of Lady Catherine Jones, Lady Hewett, and others, put in to the said Appeal.

And the Appellant's Counsel being heard accordingly:

They were all directed to withdraw.

And being withdrawn:

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

Debtors Relief Bill.

The Order of the Day being read, for the House to be put into a Committee, to consider further of the Bill, intituled, "An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons; and for the more easy Recovery of Debts:"

It is Ordered, That the House be put into a Committee thereupon on Monday next.

Adjourn.

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

DIE Sabbati, 29^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Viscount Say & Seale versus Lady Catherine Jones & al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Lawrence Viscount Say and Seale; complaining of a Decree of the Court of Chancery, made the Twenty-sixth of June last, in a Cause wherein Sir Thomas Hewett and his Wife, Thomas Hawker, the Lady Catherine Jones and Cecil Mignon, were Plaintiffs, and the Appellant and the Tenants of Norton were Defendants; and praying, "That the said Decree, and a subsequent Decree of the same Court of the Sixteenth of November last, whereby the same was confirmed, and made absolute against the Appellant; and that the Decree of Dismission of the Appellant's Cross Bill may be reversed, and the Appellant relieved:" As also upon the several Answers of the Lady Catherine Jones, the Lady Hewett, Peter Hawker, Thomas William Burman, Ficnnes Twisleton, Nathan Izod, William Clarke, William White, and Simon Lord Viscount Harcourt, an Infant, by Elizabeth Lady Viscountess Harcourt his Guardian, put in to the said Appeal:

And the Judges present being heard touching a Point of Law to them proposed; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed, except as to the Respondent Burman.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree complained of in the said Appeal be, and is hereby, affirmed, as to all except as to the Respondent Thomas William Burman; and as to him, the Decree is hereby reversed: And it is further Ordered and Declared, That the Fourth Part of the Moiety decreed to the said Thomas William Burman and his Heirs doth belong to the Appellant and his Heirs, and the same is to be conveyed to him and his Heirs by the Respondent the Lord Viscount Harcourt (subject nevertheless to that Part of the Decree which directs a Partition); and that the Rents and Profits decreed to be accompted for, and paid to the Respondent Thomas William Burman, shall be accompted for, and paid to the Appellant.

Buchan versus Buchan:

Whereas Tuesday next is appointed, for hearing the Cause wherein Captain Charles Buchan is Appellant, and Mr. Thomas Buchan is Respondent; and Wednesday next is also appointed, for hearing the Cause wherein Sir John Schaw Baronet is Appellant, and Lady Houstoun is Respondent:

Causes put off.

It is Ordered, That the Hearing the said Causes be adjourned to the Two First vacant Days for Causes after the Recess.

Doyle to answer Bindon's Appeal.

The House was informed, "That David Bindon Merchant had amended his Appeal, pursuant to their Lordships Order of the Fifteenth Instant, and made one William Doyle a Party."

And it being moved, "That the said Doyle may be required to answer the said Appeal:"

It is Ordered, That the said William Doyle may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Saturday the Third Day of May next; and that Service of this Order upon the Respondent's Attorney in the Court of Exchequer in Ireland be deemed good Service.

Thurnscoe Common Fields to enclose, Bill.

Ordered, That the Committee appointed to confider of the Bill, intituled, "An Act for confirming the Enclosure and Division of the Common Fields and Common Grounds within the Parish of Thurnscoe, in the County of York," be revived; and meet on Monday Morning next.

Blake & al. versus Blake & Ux.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Robert Blake Esquire and others are Appellants, and Richard Blake Esquire and Elizabeth 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.

Graham's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable William Graham, Son of John Graham late Alderman of Drogheda, in the Kingdom of Ireland, to make Leases of several Parts of his Estate, in the Counties of Lowth and Meath, and in the County of the Town of Drogheda, for the better Improvement thereof."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Kinaston and Mr. Tothill:

To carry down the said Bill, and desire their Concurrence thereunto.

Robinson versus Mercer:

The House being informed, "That William Butler Gentleman attended, and desired to deliver in several Pleadings and Proceedings, in the Cause wherein George Robinson and his Wife are Appellants, and Grace Mercer Widow and others are Respondents:"

Pleadings proved.

He was thereupon called in; and delivered, at the Bar, the said Pleadings 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 withdrew.

Adjourn.

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

DIE Lunæ, 31^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. with Bills; and return the Bill for enclosing Barnet Common.

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

To return the Bill, intituled, "An Act for enclosing part of a Common called Barnet Common, belonging to the Manor of Chippen Barnet, in the County of Hertford; and for vesting a certain annual Rent Charge in Trustees, for the Benefit of the Poor of the Parish of Chippen Barnet for ever;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

A Message was brought from the House of Commons, by Sir William Yonge and others:

With a Bill, intituled, "An Act for the more effectual collecting, in Great Britain and Ireland, and other Parts of His Majesty's Dominions, the Duties granted for the Support of the Royal Hospital at Greenwich;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act to repeal a Clause in an Act made in the Ninth Year of His late Majesty's Reign, which prohibits the Importation of Tobacco stript from the Stalk or Stem;" to which they desire the Concurrence of this House.

Aldham and Bovne Commons to enclose, Bill;

A Message was brought from the House of Commons, by Sir Thomas Hales and others:

To return the Bill, intituled, "An Act for enclosing Aldham and Boyne Commons, belonging to the Parish of Hadleigh, in the County of Suffolk, for the better Maintenance of the Poor of the said Parish;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Rodd's Bill.

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

To return the Bill, intituled, "An Act to vest several Messuages, Lands, and Tenements, in the Parish of Stoke Cannon, in the County of Devon, in Trustees, to be sold, for the Payment of the Debts of Bampfyld Rodd Esquire, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Tobacco Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to repeal a Clause in an Act made in the Ninth Year of His late Majesty's Reign, which prohibits the Importation of Tobacco stript from the Stalk or Stem."

Eyre versus Daly:

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of John Eyre Esquire; complaining of a Decree of the Court of Chancery in Ireland, made on the Behalf of Laughlin Daly.

Hearing adjourned, and the Appellant to amend his Appeal.

Counsel appeared for the Appellant; but no Counsel for the Respondent, only his Agent, who informed the House, "That, on Friday last, he received a Letter from Ireland, giving an Account, that the Respondent, coming over, had like to have been cast away, and was forced back again; for which Reason the said Respondent could not be ready, for Want of his Papers."

And the Appellant's Counsel being heard; and it appearing, on what was said on the Appellant's Part, that it might be necessary to amend the Appeal, and complain of some subsequent Proceedings:

They were directed to withdraw.

And the following Order was made:

"Ordered, That the Hearing this Cause be adjourned to the next Session of Parliament; and that the Appellant may in the mean Time amend his Appeal, as he shall be advised."

The King to visit Manchester Church, Bill.

Upon reading the Petition of Nicholas Kent, on Behalf of the Fellows of Christ Colledge in Manchester, founded by King Charles; praying, "In regard the Solicitor for the said Fellows died on the Nineteenth Instant; and that the Petitioner, who is appointed their Solicitor, has not been able to get the Papers out of the Hands of the Executors till this Morning; that a further Day may be appointed, for the said Fellows to be heard, by their Counsel, against the Bill to empower His Majesty to visit the said College:"

And thereupon the Petitioner was called in; and examined upon Oath, at the Bar, touching the Allegations of the Petition.

And being withdrawn:

It is Ordered, That, on the First Day of Meeting after the Recess, the Petitioners may be heard, by their Counsel, against the said Bill, before the Third Reading thereof; and that Counsel may be heard for the said Bill, at the same Time.

Relief of Debtors, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An Act for Relief of Debtors, with respect to the Imprisonment of their Persons; and for the more easy Recovery of Debts."

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

And the Lord Delawarr reported from the said Committee, "That they had made some further Progress in the Bill; and desire another Time may be appointed, to proceed further therein."

Ordered, That the House be put into a Committee, to consider further of the said Bill, To-morrow; and the Lords to be summoned.

Chaytor's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Henry Chaytor Gentleman to limit a Jointure to a Wife, and to let Leases for Twenty-one Years of his Estate at Croft, in the County of York."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

To carry down the said Bill, and desire their Concurrence thereunto.

Cotesworth's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Robert Cotesworth Esquire to sell Part of an Estate held by Lease of the Bishop of Durbam, for Discharge of his Debts."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

To carry down the said Bill, and desire their Concurrence thereunto.

Warneford's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for exemplifying the last Will of Edmund Warneford Esquire, and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

To carry down the said Bill, and desire their Concurrence thereunto.

Brafferton Advowson to exchange for Bishopthorp, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Advowson of the Vicarage of Brafferton, in the County of York, in His Majesty, in Exchange for the Advowson of the Vicarage of Bishopthorp, in the same County, thereby vested in the Archbishop of York."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

To carry down the said Bill, and desire their Concurrence thereunto.

Greenwich Hospital Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more effectual collecting, in Great Britain and Ireland, and other Parts of His Majesty's Dominions, the Duties granted for the Support of the Royal Hospital at Greenwich."

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

South Sea Trustees to discharge, Bill.

With a Bill, intituled, "An Act to discharge the Trustees appointed by an Act of the Seventh Year of His late Majesty's Reign, for raising Money upon the Estates of the late Directors of the South Sea Company, and others of their Trust; and to vest in the said Company such of the Estates which were vested in the said Trustees, as remain undisposed of; as also the Produce of such Estates and Effects as have been disposed of by the Trustees;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Elsdon Common, to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common called Elsdon Common, in the Parish of Elsdon, in the County of Northumberland."

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

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

Ross & al. versus Close & al.

Upon reading the Petition and Appeal of Robert Ross, John Gordon, and Alexander Hamilton, Gentlemen; complaining of an Order of the Court of Chancery in Ireland, made the Twenty-second Day of February last, in a Cause wherein the Reverend Samuel Close and Catherine his Wife, Margaret and Mary Close their Infant Children, by their Guardian, were Plaintiffs; and the Appellants and Hector Graham and Dame Margaret Maxwell were Defendants; and praying, "That the said Order, over-ruling the Appellants Plea, may be reversed:"

It is Ordered, That the said Samuel Close and Catherine his Wife, Margaret and Mary Close, and Hector Graham, 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 Monday the Fifth Day of May next.

Sir Archibald Grant & al. versus Countess Dowager of Seaforth.

A Petition and Appeal of William Martin of Harwood Esquire, as Trustee for Sir Archibald Grant Baronet and others, was presented to the House, and read; complaining of an Interlocutory Decree of the Court of Delegates in Scotland, of the Twenty-eighth of February last, made on the Behalf of the Countess Dowager of Seafort:

It is Ordered, That the said Appeal be taken into Consideration the Second Day of Meeting after the Recess, when the former Appeal of the like Nature is appointed to be considered.

Brown versus L. Athunry. L. Kingston versus Badham:

The House being informed, "That Mr. Richard Brereton attended, and desired to deliver in several Pleadings and Papers, in the Cause wherein Issidor Brown Gentleman is Appellant, and Dennis Daly and Francis Lord Baron of Athunry are Respondents; and also several other Pleadings and Proceedings, in the Cause wherein James Lord Baron of Kingston is Appellant, and Brettridge Badham Esquire is Respondent:"

Pleadings proved.

He was thereupon called in; and delivered, at the Bar, the said several Pleadings 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 withdrew.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, primum diem Aprilis jam prox. sequent. hora undecima Auror. Dominis sic decernentibus.

Die Jovis, 15^o Januarii, 1729, hitherto examined by us,

Jo. Oxford.
Jo. Carliol.
Delawarr.