House of Lords Journal Volume 25: May 1739, 1-10

May 1739, 1-10

DIE Martis, 1^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Books reprinted Abroad, prohibiting, Bill.

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

With a Bill, intituled, "An Act for prohibiting the Importation of Books reprinted Abroad, and first composed, or written, and printed, in Great Britain; and for limiting the Prices of Books;" to which they desire the Concurrence of this House.

Northamptonshire Road, Bill.

A Message was brought from the House of Commons, by Sir Edmund Isham and others:

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Eighth Year of the Reign of His late Majesty King George the First, for amending the Highways leading from Brampton Bridge to Welford Bridge, in the County of Northampton; and also the Great Post Road, from Morter-pitt Hill, in the said County, through Brixworth, Lamport, Maidwell, Kelmarsh, and Oxenden Magna, to Chain Bridge, leading into Market Harborough, in the County of Leicester;" to which they desire the Concurrence of this House.

St. Catherine Coleman Church, rebuilding, Bill.

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

With a Bill, intituled, "An Act to enable the Parishioners of the Parish of Saint Catherine Coleman, in Fenchurch Street, in the City of London, to re-build the Church of the said Parish;" to which they desire the Concurrence of this House.

Curriers Bill.

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

With a Bill, intituled, "An Act to obviate some Doubts which have arisen upon the Construction of an Act made in the First Year of the Reign of King William and Queen Mary, intituled, An Act for explaining Part of an Act made in the First Year of the Reign of King James the First, concerning Tanned Leather; and for rendering more effectual a Clause in the said last mentioned Act, which obliges Curriers to curry Leather;" to which they desire the Concurrence of this House.

The Three last mentioned Bills were all read the First Time.

Cordwainers, &c. to be heard, against Curriers Bill.

Upon reading the Petition of the Cordwainers and other the Manufacturers of Leather into Wares, in and near the City of London, whose Names are thereunto subscribed, on Behalf of themselves and other the Cordwainers and Manufacturers of Leather in this Kingdom; setting forth, "That the Petitioners apprehend, if the Bill to obviate some Doubts which have arisen, upon the Construction of the Act of the First Year of the Reign of King William and Queen Mary, intituled, "An Act for explaining Part of an Act, made in the First Year of the Reign of King James the First, concerning Tanned Leather," should pass into a Law, it will be destructive of the Leather Trade of this Kingdom in general, and will manifestly tend to the Impoverishment of the Petitioners and other the Manufacturers of Leather;" and praying, "That they may have Liberty to be heard, by their Counsel, against the said Bill; or that they may be otherwise relieved, as to the House in their great Justice shall seem meet:"

It is Ordered, That the said Bill be read a Second Time on this Day Sevennight; and that the Petitioners may be then heard, by their Counsel, against the same; as may also Counsel for the Bill, at the same Time.

Lady Warren's Bill.

The Earl of Cholmondeley reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the acting Executors and Testamentary Guardians named in the Will of Edward Warren, late of Pointon, in the County of Chester, Esquire, deceased, by selling Part, and leasing other Parts, of his settled Estate, to raise Money, for discharging the Encumbrances thereon; and to provide a sufficient Maintenance for his Son, during his Minority, in Ease of an Estate directed to be sold, by the Will of John Warren Esquire, deceased," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Sir James Dashwood's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to establish a Jointure on Dame Elizabeth Dashwood, Wife of Sir James Dashwood, Baronet; and for other Purposes therein mentioned."

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. Thurston and Mr. Edwards:

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

Sir W. Billars & al. against D. of Norfolk & al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Sir William Billars Knight, John Lawton and Nicholas Paxton Esquires, Trustees for certain Creditors of the Governor and Company of Undertakers for raising the Thames Water in York Buildings; complaining of several Interlocutors, as well of the Lord Ordinary, as of the Lords of Session in Scotland, of the 26th of July 1737, and 7th of February following, the 17th of November 1738, and 12th of January 1738/9, made in a Cause wherein Edward Duke of Norfolk, Sir Robert Sutton, Sir Robert Clifton, Lieutenant General Wade, and others, were Plaintiffs, and the Appellants Defendants; and praying, "That the said Interlocutor of the 26th of July, as to the Points therein determined, and also the other Interlocutors of the 17th of November and 12th of January, may be reversed, varied, or amended; and that such Part of the Interlocutor of the 17th of February 1737/8, as repels the Reason of Reduction, may be affirmed; and that the Appelants may have such other Relief as to the House in their great Wisdom and Justice shall seem meet:" As also upon the Answer of the said Duke of Norfolk and others, Respondents, put in to the said Appeal; and due Consideration had of what was offered on both Sides in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the several Interlocutors complained of in the said Appeal, whereby the Court of Session sustained the Reasons of Reduction following; (videlicet,) "That, while the said Plaintiffs were in the Course of obtaining an Adjudication against the Company, which was obstructed by the Company's taking a Term to produce a Progress, which they did not do, but suffered the Term to be circumduced, the said Company did, while that Term was current, grant the Disposition in Question, in Prejudice to the Plaintiffs Diligence by Adjudication, founded on an anterior and lawful Debt, contracted by the Company in the Year 1730, by which the Company was bound to enfeoff the Plaintiffs in an Annual Rent of Three Thousand Six Hundred Pounds; and that the Company could not set up the Sum of Twenty-seven Thousand Two Hundred and Fifteen Pounds Sterling, subscribed in Consequence of their Order, by their Secretary Henry Strachey, nor secure the same by Enfeoffment, to the Prejudice of the Plaintiffs, their anterior and lawful Creditors;" and also so much of the said several Interlocutors, whereby the said Court of Session found, "That the Plaintiffs were preferable to the Maills and Duties of the Company's Estates of Marischal, Southesk, and Linlithgow, at least to the Extent of Three Thousand Six Hundred Pounds Sterling, Yearly, being the Annual Rent in which the Company was obliged to enfeoff the Plaintiffs, in virtue of the Contract in the Year 1730 aforesaid, until the Company's Rights to these Estates shall be compleated by Enfeoffment therein, reserving to themselves then to consider, whether the Plaintiffs Preference shall continue after such Enfeoffment shall be taken, or not;" and also so much of the said Interlocutors, whereby the Court of Session hath reduced, preferred, decerned, and declared accordingly, be affirmed: And as to the other Reasons of Reduction, mentioned in any of the said Interlocutors, and sustained by the said Court of Session, it is hereby Declared, That the said last mentioned Reasons of Reduction were not necessary to be advised or determined in this Cause; and therefore it is hereby further Ordered and Adjudged, That so much of the said several Interlocutors, as relates to the said last mentioned Reasons of Reduction, be reversed, without Prejudice to any of those Points, when the same shall become necessary to be determined.

Books reprinted Abroad, prohibiting, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for prohibiting the Importation of Books reprinted Abroad, and first composed or written, and printed, in Great Britain; and for limiting the Prices of Books."

Ordered, That the said Bill be printed.

Continuing Acts, Bill.

The Order being read, for the House to be in a Committee upon the Bill, intituled, "An Act for continuing the Act made in the Eighth Year of the Reign of Her late Majesty Queen Anne, to regulate the Price and Assize of Bread; and for continuing, explaining, and amending, the Act made in the Second Year of the Reign of His present Majesty, for the better Regulation of Attornies and Solicitors:"

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

Proceedings about arresting Viscount Primose.

The other Order of the Day being read, for taking into further Consideration the Proceedings had, in order to the carrying into Execution the Order of this House, for taking one John White into Custody, for causing the Lord Viscount Primrose to be arrested, in Breach of the Privilege of Peerage:

It is Ordered, That this Matter be taken into further Consideration on Thursday next.

Commyn's Bill for Sale of sir John Lear's Estate.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate late of Sir John Lear Baronet, deceased, in the County of Devon, for Payment of his Debts; and for other Purposes therein mentioned," was committed: "That the Committee had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the Bill be engrossed.

Governors of the Charterhouse, Bill.

His Lordship made the like Report from the Committee to whom the Bill, intituled, "An Act for the Exchange of certain Lands, in the several Parishes of Wroughton and Liddyard Treagooze, in the County of Wilts, between the Governors of the Hospital commonly called The Charterhouse, and Thomas Bennet of Salthrop, in the said County of Wilts, Esquire," was committed.

And the same Order was made.

Adjourn.

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

DIE Mercurii, 2^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lady Warren's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the acting Executors and Testamentary Guardians named in the Will of Edward Warren, late of Pointon, in the County of Chester, Esquire, deceased, by selling Part, and leasing other Parts, of his settled Estate, to raise Money, for discharging the Encumbrances thereon; and to provide a sufficient Maintenance for his Son, during his Minority, in Ease of an Estate directed to be sold, by the Will of John Warren Esquire, deceased."

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

It was Resolved in the Affirmative.

Commyns Bill for Sale of Sir John Lear's Estate.

Hodie 3^a vice lecta est Billa, intitled, "An Act for Sale of Part of the Estate late of Sir John Lear Baronet, deceased, in the County of Devon, for Payment of his Debts; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Governors of the Charterhouse, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Exchange of certain Lands, in the several Parishes of Wroughton and Liddyard Treagooze, in the County of Wilts, between the Governors of the Hospital commonly called The Charterhouse, and Thomas Bennet of Salthrop, in the said County of Wilts, Esquire."

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

It was Resolved in the Affirmative.

Message to H. C. with the Three preceding Bills.

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

To carry down the said Bills, and desire their Concurrence to them.

St. Catharine Coleman Church, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Parishioners of the Parish of Saint Catherine Coleman, in Fenchurch Street, in the City of London, to re-build the Church of the said Parish."

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 Friday next, at the usual Time and Place; and to adjourn as they please.

Northamptonshire Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the 8th Year of the Reign of His late Majesty King George the First, for amending the Highways leading from Brampton Bridge to Welford Bridge, in the County of Northampton; and also the great Post Road from Morter-pitt Hill, in the said County, through Brixworth, Lamport, Maidwell, Kilmarsh, and Oxenden Magna, to Chain Bridge, leading into Market Harborough, in the County of Leicester."

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

Their Lordships, or any Five of them; to meet on Wednesday the 9th Instant, at the usual Time and Place; and to adjourn as they please.

Vagabonds, &c. punishing, Bill.

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

With a Bill, intituled, "An Act for the more effectual punishing and suppressing of Rogues, Vagabonds, and other idle and disorderly Persons;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be printed.

Dillon & al. against Attorney General of Ireland:

After hearing Counsel, upon the Petition and Appeal of Robert Dillon and Thomas Dillon, Ambrose Farrell and Christian Dillon, Executors of Theobald Dillon Merchant, deceased; complaining of a Decree of the Court of Exechequer in Ireland, the 26th Day of November 1737, made in a Cause wherein Robert Jocelyn Esquire, His Majesty's Attorney General of that Kingdom, was Plaintiff, and the Appellants Defendants; and likewise of the Report made by the Deputy Remembrancer of the said Court, and the subsequent Orders made in the said Cause; and praying, "That the same may be reversed; and that the Attorney General's Information may be dismissed; or that the Appellants may have such Relief as to the House shall seem meet:" As also upon the Answer of the said Attorney General 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 Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree, Report, and subsequent Orders, made in the said Cause, therein complained of, be, and the same are hereby, affirmed.

Deere against Powell.

Upon reading 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 may be reversed; and that he may have such further Relief as to the House in their great Wisdom shall seem meet:"

It is Ordered, That the said Rees Powel may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the 16th Day of this Instant May.

Witnesses to attend Gold and Silver Ware Bill.

Ordered, That Gabriel Sleath, Thomas Mason, John Newton, James Gold, John Alcock, and Kandler, do attend this House To-morrow, as Witnesses upon the Bill for the better preventing Frauds and Abuses in Gold and Silver Wares.

Adjourn.

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

DIE Jovis, 3^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Answer to Address about Sugar and Rum:

The Earl of Fitzwalter reported, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of this House, of the 19th of April last, for Accounts of Sugars imported and exported, and Rum imported, from the British Sugar Islands; and that His Majesty had been pleased to give Order to the proper Officer, to lay the same before this House accordingly."

Accounts delivered.

Then the House being informed, "That a Person attended from the Custom-house:"

He was called in; and delivered, at the Bar, several Accounts; with a Return of the Commissioners of the Customs.

And then he withdrew.

And the said Return was read, as follows:

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"Having received the Commands of the Lords of the Treasury, pursuant to your Lordships Address, of the 19th of last Month, to His Majesty, that we should lay before you the following Accounts; (to wit,)

An Account of the Quantity of Raw Sugars imported into England, from the Sugar Islands, and also the Quantity of Raw Sugars re-exported to Foreign Countries, from Christmas 1708, to Christmas 1737; distinguishing each Year, the Quantity imported from each Island, and to what Places exported:

"Also, an Account of the Quantity of Refined Sugar exported from England, from Christmrs 1708, to Christmas 1737; distinguishing each Year, and to what Places exported:

"And also, an Account of what Quantity of Rum has been imported, from any of the British Sugar Islands, into England, from Christmas 1727, to Christmas 1737; distinguishing each Island, and each Year:

"We herewith humbly lay the said Accounts before your Lordships, by the Hands of the Inspector General, who is the proper Officer; who has certified, at the Foot of the Accounts, that the Out-port Accounts for the Year 1738, not being all returned and entered in the Books of his Office, is the Reason those Accounts end at Christmas 1737.

"Which are humbly submitted.

"Custom-house, London, 2d May, 1739.

"J. Evelyn.
B. Fairfax.
R. Corbet.
Rob't Baylis."

Ordered, That the said Papers do lie on the Table.

D. of Norfolk's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Edward Duke of Norfolk to grant Building Leases, for Ninety-nine Years, of all or any Part of his Lands, in or near the Township of Sheffield, in the County of York," was committed: "That the Committee had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the Bill be engrossed.

E. Cowper's Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act for discharging Part of the settled Estate of William Earl Cowper, in the County of Hertford, from the Uses and Limitations of a former Settlement; and for settling and securing an Equivalent for the same, to the like Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto"

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

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

L. Primrose's Privilege; Gonne to be discharged out of Custody.

A Petition of Thomas Gonne, Town Clerk of the City of Dublin, in Custody of the Serjeant at Arms attending this House, was presented, and read; expressing his Ignorance of the Action against the Lord Viscount Primrose, being entered in the Petitioner's Office, and sealed by One of his Clerks in his Absence; and also expressing, "That he made a voluntary Surrender of himself, in Obedience to the Order of this House; and is most heartily sorry for having incurred their Lordships Displeasure, by unwarily offending the Noble Peer who has made the Complaint; and humbly begs Pardon of this most Honourable House, and of his Lordship, for his said Offence;" and praying, In regard he has been confined to his Room, ever since the First Day of March last, by a violent Fit of the Gout in both his Feet; and continues so extremely ill, that it is impossible for him to undertake a Journey, in his present Circumstances, without manifest Hazard of losing his Life (the Truth of which will appear by the Affidavits and Certificates to the Petition annexed), that he may be discharged from the Restraint he lies under."

And thereupon the said Affidavits and Certificates being read:

Ordered, That the Petitioner be discharged out of Custody, paying his Fees.

Proceedings against White considered.

Then the Order for taking into further Consideration the Proceedings had in order to the carrying into Execution the Order of this House, for taking John White, the Plaintiff in the Arrest of the said Lord Viscount Primrose, into Custody, being read:

The Serjeant at Arms was called in, to know if he could give any further Account of the Execution of the said Order.

And he thereupon delivered in Two Affidavits; One, made by James Howard, of the City of Westminster, Gentleman; and the other, by Robert Dutton, of Nantwich in Cheshire, Gentleman, relating to the Rescue of the said John White.

And the same were read.

And the said Serjeant having acquainted the House, That the said White still absconds:"

He was directed to withdraw.

And the Lords following were appointed a Committee, to consider of the regular and proper Methods for carrying into Execution, and enforcing Obedience to, the Order for attaching the said John White; and to report to the House what they shall think proper thereupon:

Their Lordships, or any Five of them; to meet at the usual Time and Place, To-morrow; and to adjourn as they please.

Ordered, That all the Lords who shall come to the said Committee shall be of it.

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

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

To return the Bill, intituled, "An Act for enclosing Part of certain Common Fields, in the Township of Pailton, in the County of Warwick;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

and Westall's Bill.

A Message was brought from the House of Commons; by Mr. Pollhil and others:

To return the Bill, intituled, "An Act for confirming certain Articles of Agreement, made between Edward Westall and his Wife, and Robert Corr an Infant, and others; and to enable the said Robert Corr to perform a Contract, for Sale of certain Lands therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Hounslow Heath Road, Bill.

A Message was brought from the House of Commons, by Colonel Onslow and others:

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the First Year of the Reign of His present Majesty, intituled, An Act for repairing the Road from the Powder Mills on Hounslow Heath, in the County of Middlesex, to a Place called Basingstone, near the Town of Bagshot, in the Parish of Windlesham, in the County of Surrey;" to which they desire the Concurrence of this House.

Derby Road, Bill.

A Message was brought from the House of Commons, by the Lord Charles Cavendish and others:

With a Bill, intituled, "An Act for repairing the Roads from Bakewell to Chesterfield, in the County of Derby; and from Chesterfield to Worksopp, in the County of Nottingham; and from Chesterfield, where the Northern Road meets the Chesterfield Road which leads to Mansfield, in the said County of Nottingham;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Gold and Silver Wares; Bill.

The Second Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for the better preventing Frauds and Abuses in Gold and Silver Wares:"

Joseph Ward, Thomas Long, Edmund Cooper, John Cooper, Richard Vincent, Obedlah Welstead, James Wethered, Josiah Daniel, William Bulstrode, Giles Gardner, Charles Fletcher, Thomas Banks, Robert Dingley, Gabriel Sleath, Thomas Mason, John Alcock, John Newton, and James Gold, were called in, and sworn, in order to be examined as Witnesses before the said Committee.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had heard Counsel, upon the Petition of the Dealers, Workers, and Makers of Manufactures in Gold and Silver, against some Parts of the said Bill; as also Counsel in Answer thereunto; and that the Committee had made some Progress in the Bill."

Ordered, That the House be put into a Committee again, upon the said Bill, on Tuesday next.

Insolvent Debtors Act, for explaining, Bill.

The last Order of the Day being read, for the House to be in a Committee upon the Bill, for explaining and amending the Act for Relief of Insolvent Debtors:

Ordered, That the House be put into a Committee thereupon, on Tuesday Sevennight:

Adjourn.

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

DIE Veneris, 4^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. to return the Duke of Newcastle's Bill:

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

To return the Bill, intituled, "An Act for confirming an Exchange agreed to be made, between Thomas Holles Duke of Newcastle and Sir Miles Stapylton Baronet, of their settled Estates, in the County of York; and for settling the Lands given in Exchange to each Party to such Uses as the Lands for which the same are exchanged stood settled;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Duke of Portland's Bill;

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

To return the Bill, intituled, "An Act to enable the most Noble William Duke of Portland to grant Building Leases of certain Messuages, Pieces, and Parcels of Ground, in Soho Fields, in the County of Middlesex, for a further Term than he is empowered to grant by his Marriage Settlement;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Stanhope's Bill.

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

To return the Bill, intituled, "An Act for discharging several Lands, in Nosely, in the County of Leicester, purchased by the Executors of Philip Earl of Chesterfield, deceased, from the Uses and Limitations contained in the Will of the said Earl; and for vesting the same Lands in Trustees, to be sold; and, with the Money arising thereby to purchase other Lands, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Books reprinted Abroad, prohibiting, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for prohibiting the Importation of Books reprinted Abroad, and first composed, or written, and printed, in Great Britain; and for limiting the Prices of Books."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.

Duke of Norfolk's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Edward Duke of Norfolk to grant Building Leases, for Ninety-nine Years, of all or any Part of his Lands, in or near the Township of Sheffield, in the County of York."

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

It was Resolved in the Affirmative.

E. Cowper's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for discharging Part of the settled Estate of William Earl Cowper, in the County of Hertford, from the Uses and Limitations of a former Settlement; and for settling and securing an Equivalent for the same, to the like Uses."

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

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bills.

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

To carry down the said Bills, and desire their Concurrence to them.

Derby Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Roads from Bakewell to Chesterfield, in the County of Derby; and from Chesterfield to Worksopp, in the County of Nottingham; and from Chesterfield to the Place where the Northern Road meets the Chesterfield Road, which leads to Mansfield, in the said County of Nottingham."

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 Monday next, at the usual Time and Place; and to adjourn as they please.

Hounslow Heath Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the First Year of the Reign of His present Majesty, intituled, An Act for repairing the Road from the Powder Mills on Hounslow Heath, in the County of Middlesex, to a Place called Basingstone, near the Town of Bagshot, in the Parish of Windlesham, in the County of Surrey."

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

Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.

No more Appeals to be received.

Ordered, That no more Appeals be received by this House, during this Session of Parliament, after Monday next.

Curriers Bill.

Ordered, That William Cates, Thomas Prentice, Richard Atchley, John Row, John Cadwell, William Smith, Francis Russel, Stephen Arkinstall, William Landish, Robert Careless, Newsham, Samuel Randall, William Ambrose, Joseph Cook, Samuel Bigness, Daniel Vanhessell, and Robert Lathwell, do attend this House, as Witnesses, upon the Bill relating to the Curriers, at the Second Reading thereof.

Butler & al. against Rowley & al.:

After hearing Counsel, upon the Petition and Appeal of Thomas Butler Esquire and Mary Butler alias Ormsby his Wife, Lawrence Steel Esquire, and James Howison Gentleman; complaining of a Decree of the Court of Chancery in Ireland, of the 21st of November last, made upon the re-hearing of a Cause there then depending, wherein the Appellants were Plaintiffs, and Hercules Langford Rowley Esquire, Elizabeth his Wife, and Jane their Daughter, Catherine Fitzgerald Widow, O'Brien Dilks Esquire and Jane his Wife, John Curtis, and Robert French, Defendants; and praying, "That the said Decree may be reversed; and that this House will grant the Appellants such further and other Relief as in their Lordships Wisdom shall seem meet:" As also upon the joint and several Answer of the said Defendants 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 so much of the said Decree, made upon the re-hearing of the said Cause, whereby it is directed, "That the Sum of One Thousand Seven Hundred and Eighty-two Pounds, Eighteen Shillings, and Four Pence, reported by the Master to remain in the Hands of the Plaintiffs, of the Produce of the Ballyvenoge Estate, in the Pleadings mentioned, to the First of May 1736, over and above what was applied to discharge the Jointures, Annuities, and Interest of the Debts affecting the said Estate, as also the Funeral Expences of John Ormsby Esquire, the Appellant Mary's former Husband, be, with the Produce of the said Estate, from the said First of May 1736 to the Time of the Sale, applied by the Plaintiffs in Discharge of the Debts and Encumbrances affecting the said Estate; and that the said Master do sell, by public Cant, to the highest Bidder, so much and no more of the said Lands of Ballyvenoge, as will be sufficient to pay the Sum that shall remain due of the said Debts and Encumbrances affecting the said Lands, and the Costs, pursuant to the former Decree, after applying the said Sum of One Thousand Seven Hundred and Eighty-two Pounds, Eighteen Shillings, and Four Pence, and the Produce of the said Estate, in Discharge of the said Debts and Encumbrances as aforesaid, and that the former Decree be varied accordingly," be, and the same is hereby, reversed; and that so much of the Order, or Decree, made on the original Hearing, upon the Master's Report, as relates to that Point, be, and the same is hereby, affirmed: And it is further Ordered and Adjudged, That the other Parts of the said Decree, made upon the said Rehearing, be, and the same are hereby, also affirmed.

Fownes's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for vesting divers Lands and Hereditaments, in the County of Somerset, being Part of the settled Estate of Thomas Fownes Esquire, in Trust, to be sold; and for settling other Lands, in the County of Devon, of a greater Value, to the same Uses, in Lieu thereof," stands committed, be revived; and meet on Monday next.

Burke against Blake.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Gerald Burke Esquire is Appellant, and Thomas Blake Esquire 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.

Deere to enter into Recognizance for Deere.

The House being moved, "That Edward Deere Gentleman, may be permitted to enter into a Recognizance for Mathew Deere, on account of his Appeal depending in this House; he being in Glamorganshire:"

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

Adjourn.

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

DIE Lunæ, 7^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Westby against Macdonnell & al.

Upon reading the Petition and Appeal of William Westby of the Kingdom of Ireland Esquire; complaining of a Decree of the Court of Exchequer in that Kingdom, of the 29th Day of January last, made on the Behalf of Charles Macdonnell and Robert Keane; and praying, "That the same may be reversed; and that an Agreement in the Appeal mentioned, of the 4th of August, may be established, and directed to be carried into Execution; and that the said Charles Macdonnell may be directed to come to an Accompt with the Appellant, for the Rent in Arrear under that Agreement; and that the Bills filed in the said Court by Randal Macdonnell, in the Appeal named, and the said Robert Keane, may be both dismissed, with Costs; and that the Appellant may be otherwise relived, as to this House shall seem meet:"

It is Ordered, That the said Charles Macdonnell and Robert Keane 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 11th Day of June next; and that Service of this Order on their respective Attornies in the said Court be deemed good Service.

Birmingham & al. against E. Sherburne & al.

Upon reading the Petition and Appeal of Edward Birmingham and Abigail his Wife, Deborah Plunket, Ruth Bidle, Margret Harding, and Barbara Mickins, as well for themselves as for any other Persons who shall appear to be interested; complaining of an Order, or Decree, of the Court of Exchequer in Ireland, of the 23d of February last, made on the Re-hearing of a Cause there then depending; and also from a Decree of the same Court, in June 1735; and praying, "That both the said Decrees may be reversed; and that the Appellants may be decreed to the Possession of certain Lands in the Appeal mentioned, according to their respective Shares and Proportions therein, under a Certificate and Patent in the Appeal also mentioned; and that Henry Earl of Shelburne, George Lord Baron of Carbery, Henry Pritty and James Stopford Esquires, may be obliged to accompt for the Rents, Issues, and Profits thereof, and the Woods cut thereon, with the Appellants, according to their said respective Proportions of and in the said Lands; and that the Parties last named may be required to answer the said Appeal; and that this House will be pleased to give the Appellants such further and other Relief as to their Lordships shall seem meet:"

It is Ordered, That the said Henry Earl of Shelburne and the other Parties last named may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 11th Day of June next; and that Service of this Order on their respective Attorney or Attornies in the said Court be deemed good Service.

Ashworth & al. against Chopping & al.

Upon reading the Petition and Appeal of William Ashworth; complaining of a Decree, or Order of Dismission, of the Appellant's Bill, in the Court of Exchequer in Ireland, made up and passed by the proper Officer of the said Court only in April last, the said Decree being on the Behalf of Richard Choppin, Elizabeth Barry, and Christopher Bath; and praying, "That the said Order, or Decree, may be reversed; and that the Matters in the Appellants Bill prayed may be adjudged to him; and that he may have such further and other Relief as to the House shall seem meet:"

It is Ordered, That the said Parties last named 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 11th Day of June next.

County Rates, Bill.

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

With a Bill, intituled, "An Act for the more easy collecting, assessing, and levying, of County Rates;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be printed.

Message from H. C. to return the Bill concerning of Deeds, &c. of Papists.

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

To return the Bill, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers, Devisees, and Lessees;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Derby Road, Bill.

The Duke of Devonshire reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Roads from Bakewell to Chesterfield, in the County of Derby, and from Chesterfield to Worksopp, in the County of Nottingham, and from Chesterfield to the Place where the Northern Road meets the Chesterfield Road which leads to Mansfield, in the said County of Nottingham," 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 directed him to report the same to the House, without any Amendment."

Continuing Acts, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Act made in the Eighth Year of the Reign of Her late Majesty Queen Anne, to regulate the Price and Assize of Bread; and for continuing, explaining, and amending, the Act made in the Second Year of the Reign of His present Majesty, for the better Regulation of Attornies and Solicitors."

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 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.

Books reprinted Abroad prohibiting, Bill.

The Order being read, for the House to be in a Committee upon the Bill, intituled, "An Act for prohibiting the Importation of Books reprinted abroad, and first composed, or written, and printed, in Great Britain; and for limiting the Prices of Books."

It was moved, "To order, That the House be put into a Committee thereupon, on this Day Two Months."

Which being objected to;

And Debate thereupon:

The Question was put, "Whether the House shall be now put into a Committee on the said Bill?"

It was Resolved in the Affirmative.

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

After some Time, the House was resumed.

And the Earl of Findlater reported from the said Committee, "That they had gone through the Bill, and made several Amendments 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; and the Lords to be summoned.

Proof against Hines.

Ordered, That the Cause wherein Robert Proof is Appellant, and Thomas Hines Respondent, which stands appointed for this Day, be put off to Wednesday next; and the other Causes removed in Course.

Adjourn.

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

DIE Martis, 8^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Derby Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Roads from Bakewell to Chesterfield, in the County of Derby, and from Chesterfield to Worksopp, in the County of Nottingham, and from Chesterfield to the Placewhere the Northern Road meets the Chesterfield Road which leads to Mansfield, in the said County of Nottingham."

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 same, without any Amendment.

Fownes's Bill.

The Duke of Portland reported from the Lords Committees to whom the Bill, intituled; "An Act for vesting divers Lands and Hereditaments, in the County of Somerset, being Part of the settled Estate of Thomas Fownes Esquire, in Trust, to be sold; and for settling other Lands, in the County of Devon, of a greater Value, to the same Uses, in Lieu thereof," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Bath Road, Bill.

A Message was brought from the House of Commons, by General Wade and others:

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, One made in the Sixth Year of the Reign of Her late Majesty Queen Anne, and the other in the Seventh Year of the Reign of His late Majesty King George the First, for repairing and enlarging the Highways between the Top of Kingsdown Hill and the City of Bath; and for amending several other Highways leading to the said City; and for cleansing, paving, and enlightening, the Streets, and regulating the Chairmen there; and for keeping a regular Nightly Watch within the said City and Liberties thereof;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Shoemakers, on Behalf of the Curriers Bill;

A Petition of the Shoemakers in and about the Cities of London and Westminster and Liberties thereof, whose Names are thereunto subscribed, in Behalf of themselves and many others, was presented; and read; praying, "That the Bill now depending in this House, for an open and free Trade with respect to Tanned Leather, may pass into a Law, that the Petitioners may be supplied by the Curriers and other Dealers in Leather in the Manner they have heretofore been."

and the Sadlers Company.

Also, a Petition of the Wardens or Keepers and Commonalty of the Company of Sadlers of the City of London, was presented, and read; praying, "In regard that the leaving the cutting and selling of Leather open to all Dealers therein will not only tend to the Benefit of the Leather Trade in particular, but of the Public in general; that the Bill now depending, in relation to the cutting of Leather, may pass into a Law."

And the said Petitions were severally ordered to lie on the Table till the said Bill be read a Second Time.

Books reprinted Abroad prohibiting, Bill.

The Earl of Findlater (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for prohibiting the Importation of Books reprinted Abroad, and first composed, or written, and printed, in Great Britain; and for limiting the Prices of Books," was committed, the Amendments made by the Committee to the said Bill.

Which, being read Twice by the Clerk, was, with an Amendment to One of them, agreed to by the House.

Continuing Acts, Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for continuing the Act made in the Eighth Year of the Reign of Her late Majesty Queen Anne, to regulate the Price and Assize of Bread; and for continuing, explaining, and amending the Act made in the Second Year of the Reign of His present Majesty, for the better Regulation of Attornies and Solicitors," was committed, the Amendment made by the Committee to the said Bill.

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

"And it is hereby further Enacted, by the Authority aforesaid, That, from and after the 24th Day of June 1739, it shall and may be lawful to and for any Attorney or Solicitor, at any Time after the Delivery of a Bill of his Fees, Charges, and Disbursements, upon an Affidavit being first made by such Attorney or Solicitor (and duly filed), that there is great Danger of losing the Money due thereon, if an Action be not immediately brought, by the Party or Parties chargeable therewith becoming insolvent, or withdrawing and secreting him, her, or themselves, or his, her, or their Effects, to commence and prosecute any Action or Suit, for the Recovery of his Fees, Charges, and Disbursements, and to hold the Party or Parties chargeable as aforesaid to Special Bail, in like Manner as he might have done if the said Act of the Second Year of His present Majesty, for the better Regulation of Attornies and Solicitors, had never been made; provided such Attorney or Solicitor commence and prosecute the same, at his own Charge and Expence, during the First Thirty Days from the Delivery of such Bill as aforesaid; and that no Allowance in respect thereof be made to any such Attorney or Solicitor, on the Taxation of the Costs of such Suit, or of the Bill delivered as aforesaid; any Thing in the said Act contained to the contrary notwithstanding."

Then it was proposed, "Between the Words ["their Effects"] and ["to commence"], to insert these Words; (videlicet,) ["and, upon an Order made by One of the Judges of any of His Majesty's Courts at Westminster, upon Consideration of such Affidavit."]

And the same was agreed to.

Then it was proposed, "To agree with the Committee in the said Amendment so amended."

The same was objected to.

And Debate thereupon:

The Question was put, upon the said Proposition.

It was Resolved in the Negative.

Lady Dinely's Pet. for more Money, rejected.

A Petition of Dame Mary Dinely, Wife of Sir John Dinely, of Charlton, in the County of Worcester, Baronet, was presented, and read; praying, "In regard the said Sir John has lodged no more than Thirty Pounds with the Clerk Assistant, which is not near sufficient to answer the Petitioner's Purposes; and that her Witnesses cannot possibly be in Town to attend on Thursday next; that Sir John may be ordered to advance the Petitioner such further Sum of Money as shall be thought proper, the better to enable her to pay her Counsel, Solicitor, Expences of Witnesses, and other Expences, in order to make her Defence to the Bill for dissolving her Marriage with the said Sir John; and that the Second Reading of the said Bill may be again put off to such Time as the House shall think fit."

And thereupon the Clerk Assistant being directed to give the House an Account of what he knew had been done, in relation to the advancing of Money on the like Occasions:

He acquainted their Lordships, "That, in the Case between Sir John Rudd and his Lady, upon a Bill of the like Nature, the Money then advanced did not amount to so much as the Money now advanced to the Lady Dinely."

Ordered, That the said Petition be rejected.

Gold Wares, &c. Bill.

The Order of the Day being read, for the House to be in a Committee again upon the Bill, intituled, "An Act for the better preventing Frauds and Abuses in Gold and Silver Wares:"

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

Curriers Bill.

The other Order, for the Second Reading of the Bill, intituled, "An Act to obviate some Doubts which have arisen, upon the Construction of an Act made in the First Year of the Reign of King William and Queen Mary, intituled, "An Act for explaining Part of an Act made in the First Year of the Reign of King James the First, concerning Tanned Leather;" and for rendering more effectual a Clause in the said last mentioned Act, which obliges Curriers to curry Leather;" and for hearing Counsel as well for as against the same; being read:

The Counsel were accordingly called in.

And the Bill was read a Second Time:

As were also the Petitions for and against it.

And Mr. Hamilton and Mr. Clark were both heard, upon the Petition against the said Bill:

And produced William Coates, a Tanner; who was examined, upon Oath, as to Red Tanned Leather, the Method used in doing it, the Uses it is put to, and how the Shoemakers in the Country are supplied.

Richard Atchley, another Tanner, also examined, upon Oath, as to the Differences of Leather, and how prepared, and the Uses it is put to, and the Price thereof.

Thomas Prentice, another of the same Profession, likewise examined, upon Oath, as to the Difference between Tanned Leather and Red Tanned Leather.

William Smith, a Shoemaker, was next examined, upon Oath, with relation to the buying of Leather at Market or of the Currier, and the Differences of Prices; how the Shoemakers are supplied in the Country, who can sell that Commodity cheapest, and what is the Business of a Master Shoemaker; and other Matters.

Next, Edward Marsh was called, and sworn, and shewed a Piece of Sole-leather, produced at the Bar by the last Witness; and, being asked concerning the Price of it, acquainted the House, "It cost him a Crown, and was enough only for One Pair of Shoes."

Then John Rowe was called; and, being sworn, proved that Piece of Sole-leather to be bought by the said Marsh: and examined with relation to the Profit made in cutting out a whole Hide, called a Butt; and, in the Course of the Evidence, that Term as well as Backs and Bends were explained.

The Counsel were directed to withdraw.

Ordered, That the further Hearing of Counsel and Consideration of the said Bill be adjourned to this Day Sevennight.

Adjourn.

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

DIE Mercurii, 9^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Northamptonshire Roads, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Eighth Year of the Reign of His late Majesty King George the First, for amending the Highways leading from Brampton Bridge to Welford Bridge, in the County of Northampton; and also the great Post Road from Morter Pitt Hill, in the said County, through Brixworth, Lamport, Maidwell, Kelmarsh, and Oxenden Magna, to Chain Bridge, leading into Market Harborough, in the County of Leicester," 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 directed him to report the same to the House, without any Amendment."

Fownes's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Hereditaments, in the County of Somerset, being Part of the settled Estate of Thomas Fownes Esquire, in Trust, to be sold; and for settling other Lands, in the County of Devon, of a greater Value, to the same Uses, 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. Bennet:

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

Continuing Acts, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Act made in the Eighth Year of the Reign of Her late Majesty Queen Anne, to regulate the Price and Assize of Bread; and for continuing, explaining, and amending, the Act made in the Second Year of the Reign of His present Majesty, for the better Regulation of Attornies and Solicitors."

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 the former Messengers:

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

Books reprinted Abroad prohibiting, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for prohibiting the Importation of Books reprinted Abroad, and first composed, or written, and printed, in Great Britain; and for limiting the Prices of Books."

The Question was put, "Whether this Bill, with the Amendments, 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 the former Messengers:

To acquaint them, that the Lords have agreed to the said Bill, with several Amendments, whereunto their Lordships desire their Concurrence.

Bath Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, One made in the Sixth Year of the Reign of Her late Majesty Queen Anne; and the other in the Seventh Year of the Reign of His late Majesty King George the First, for repairing and enlarging the Highways between the Top of Kingsdown Hill and the City of Bath; and for amending several other Highways leading to the said City; and for cleansing, paving, and enlightening the Streets, and regulating the Chairmen there; and for keeping a regular Nightly Watch within the said City and Liberties thereof."

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 Monday next, at the usual Time and Place; and to adjourn as they please.

Vagabonds Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more effecutal punishing and suppressing of Rogues, Vagabonds, and other idle and disorderly Persons."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight; the Lords to be summoned; and the Judges to attend.

Message from H. C. to return Odiham Common Enclosure Bill.

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

To return the Bill, intituled, "An Act for enclosing Part of a Common, or Waste Grounds, called Hill Side, otherwise Lambden Common, in the Manor and Parish of Odiham, and County of Southampton;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The said Amendments, being read, were agreed to.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

County Rates, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more easy collecting, assessing, and levying, of County Rates."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight.

Proof against Hines:

After hearing Counsel, upon the Petition and Appeal of Robert Proof; complaining of a Decree of the Court of Chancery, of the 3d Day of July 1735, made in a Cause wherein the Appellant was Plaintiff, and Thomas Hines Defendant, and several subsequent Orders of the said Court made in the said Cause; and praying, "That the same may be reversed, and such Relief given the Appellant as to this House shall seem meet:" As also upon the Answer of the said Thomas Hines 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 Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree and subsequent Orders therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent, the Sum of Fifty Pounds, for his Costs in respect of the said Appeal.

Adjourn.

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

DIE Jovis, 10^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bath Hospital Bill.

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

With a Bill, intituled, "An Act for establishing and well-governing an Hospital, or Infirmary, in the City of Bath;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sir G. Caswal & al. for Books to be produced at hearing Appeal.

Upon reading the Petition of Sir George Caswall Knight, and others; setting forth, "That the Petitioners have appealed to this House, from certain Decrees of the Court of Exchequer; and that Two Books belonging to the South Sea Company, One marked [A. N.] intituled, "Loan on the 1st and 2d Subscription Receipts, deposited with the said Company," and the other, intituled; "The Loan Leidger," Mark [R. Z.] were, pursuant to Orders made by the said Court, produced at the Hearing and Re-hearing of the Cause there, and were read in Evidence for the Petitioners;" and praying, "In regard the same will be material for them on the Hearing in this House, that the proper Officer of the South Sea Company may then attend with the said Books:"

It is Ordered, That the proper Officer of the said Company do (at the Petitioner's Expence) attend this House, with the said Books, at the said Hearing.

Deshons Leave for a Nat. Bill.

Upon reading the Petition of John Deshons; praying Leave to bring in a Bill for his Naturalization:

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

Northamptonshire Roads, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Eighth Year of the Reign of His late Majesty King George the First, for amending the Highways leading from Brampton Bridge to Welford Bridge, in the County of Northampton; and also the great Post Road, from Morter Pitt Hill, in the said County, through Brixworth, Lamport, Maidwell, Kel marsh, and Oxenden Magna, to Chain Bridge, leading into Market Harborough, in the County of Leicester."

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. Bennet and Mr. Thurston:

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

Burke, Agent in an Appeal of Roche & al. Petition to put off Hearing, rejected; and the same to be peremptorily heard.

A Petition of John Burke, Agent for John Roche Gentleman and William Mahony Esquire, was presented, and read; setting forth, "That the Appeal of the said Roche and Mahony, from certain Orders of the Court of Exchequer in Ireland, stands now to be heard on Monday the 21st Instant; since the setting down of the said Cause, the Petitioner is informed, that the said Roche is dead; and submitting it to the House, whether, as this was a joint Appeal, in which he appears to have been the only Party concerned in Point of Interest, the same can now be regularly brought on to a Hearing, without being first revived in the Name of Stephen Roche, Brother of the said John Roche, who, the Petitioner is informed, is his Heir at Law; and whether the House will not therefore think proper that the said Hearing should be postponed, till the Petitioner shall have received the Instructions he has applied for, in order to revive the said Appeal."

And thereupon the Petitioner, and Mr. Piccard the Respondents Agent, being called in; and heard, at the Bar, in relation to the Matter of the said Petition:

They were directed to withdraw.

Ordered, That the said Petition be rejected; and the said Appeal to be heard peremptorily on the Day it now stands appointed.

Messages from H. C. to return the Bill for Bell to take the Name of Lane, Bill;

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

To return the Bill, intituled, "An Act to enable John Bell Esquire and his Issue to take and use the Surname of Lane, and the Arms of James Lord Viscount Lanesborough, deceased, pursuant to his Will;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Ducarel's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Adrian Coltée Ducarel;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Message from His Majesty, to enable Him to augment His Forces.

The Duke of Newcastle acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual; which His Majesty had commanded him to deliver to their Lordships."

And the same was read, by the Lord Chancellor, as follows:

"GEORGE R.

"His Majesty, being truly solicitous for the Peace and Welfare of these Kingdoms, and desirous to contribute as far as in Him lies towards preserving the Public Tranquillity, and the Balance of Power in Europe, has concluded with the King of Denmark a Treaty agreeable to that which expired in 1737; and has ordered the same to be laid before this House, that He may have their Support and Concurrence in making good the Engagements which He has thereby entered into.

"And as Events may happen, during such Time as it may be impossible for His Majesty to have the immediate Advice and Assistance of His Great Council, upon any Emergency arising upon the present Posture of Affairs in Europe, which may nearly concern the Honour, Interest, and Safety, of these Kingdoms, He hopes He shall be supported by His Parliament, in making such further Augmentation of His Forces, either by Sea or Land, as may become absolutely necessary; and in concerting such Measures as the Exigency of Affairs may require: And whatever Augmentations shall be made, or Services performed, an Account thereof shall be laid before the Parliament at their next Session."

Treaty with Denmark delivered.

Then the Lord Harrington (by His Majesty's Command) presented to the House,

"A Copy of the Treaty with Denmark, dated at Copenhagen, 14th March, 1739; with a Translation thereof."

Ordered, That His Majesty's most Gracious Message, and also the said Treaty with Denmark therein mentioned, be taken into Consideration To-morrow; and the Lords to be summoned.

Sir John Dinely's Divorce, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Sir John Dinely Baronet with Mary Lawford; and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel, as well for as against the same:

The Counsel were accordingly called in; and the Bill was read a Second Time.

And Mr. Chute was heard, in order to make out the Allegations thereof:

And called Sarah Bates; who was examined upon Oath, as to any Meeting between Sir Robert Jason and the Lady Dinely; where, when, and how often; the Privacy thereof; and whether any, and what, indecent Familiarities passed between them.

Next, Elieanor Andrews was produced, sworn, and examined, touching the same Matter, for above Twenty Years past; and mentioned indecent Familiarities between them.

Also Robert Bevin examined upon Oath, as to his being sent by the Lady Dinely to Sir Robert Jason, to come to her House at an unseasonable Time of Night.

He was cross-examined, in relation to Sir Robert's Age and Bigness; and acquainted the House, "That as to his Person, he appeared to be a Man; and that it was Nine Years ago he was sent on that Errand."

Samuel Butler was next produced, sworn, and examined, as to any, and what, Familiarities which had passed between Sir Robert Jason and Lady Dinely, at his House: And he mentioned their being alone there, about Nine Years ago, several Times, in a Room, fastened within, and a Bed in it; and that they seemed to desire Secrecy.

Then Mary Sandlands was called; and, being sworn, was examined in relation to the same Matter: And acquainted the House, "That, at the Sign of The Angel, at a Town called Pershore, she saw Sir Robert take Lady Dinely in his Lap, put his Hand into her Bosom, and also under her Petticoats; and drank Punch with her, or some other Liquor."

Likewise Rebecca Smith was produced, and examined upon Oath touching that Matter; and acquainted the House, "That she saw the said Sir Robert with my Lady, at a Baker's, who sold Beer, where she [the Witness] was a Servant; that they both lodged there; and she went through his Room to Bed, which afterwards appeared to be tumbled, and out of Order; and once she saw Sir Robert in Lady Dinely's Lap, with his Arms about her Neck."

She was cross-examined as to the Time; and owned, "It was after Sir John and his Lady were parted."

Anne Dancox was next produced, and sworn; and directed to give the House an Account of any, and what, indecent Familiarities might have passed between Sir Robert Jason and Lady Dinely: And she informed their Lordships, "That, near Nine Years ago, they both met at The Fleece, at Bendgeworth, where the Lady and Sir Robert's Sister went together to Bed, and Sir Robert sat by on the Bed; there was only them Four in the Room. About Two or Three a Clock Sir Robert went and fetched some Cyder, which they drank together; and about Six a Clock Lady Dinely said, "Draw the Curtains;" and Sir Robert was then on the Bed; and his Sister and the Examinant went away; and Sir Robert and Lady Dinley lay together till Nine a Clock; and that it was about Two Months before Sir John Dinely and his Lady parted."

Then Anne Smith was sworn, and examined to the same Matter: And acquainted the House, "That, in the Year 1730, at Bendgeworth, about the Time of Barnaby Bright, Sir Robert and Lady Dinely were at her House all Night; that Sir Robert's Sister and my Lady went to Bed together, about Ten or Eleven a Clock; and she saw Sir Robert sitting on the Bed, on the Lady's Side."

And then Richard Tustin was also examined, upon Oath, as to the Elopement; and mentioned several Circumstances concerning it.

Next William Watkins, Minister of the Parish where Sir John Dinely lives, was produced; and, being examined in the same Manner, whether Lady Dinely ever came back after her Elopement, acquainted the House, "That he never knew or heard she did."

After which, Simon Stanton offered to produce an authentic Copy of the Verdict of £. 1000. Damages, found in the Court of Common Pleas against Sir Robert Jason, for Criminal Conversation with Lady Dinely: But the same was admitted.

Then the Counsel for the Bill having mentioned the Proceedings had in the Ecclesiastical Court between Sir John and his Lady:

Mr Lloyd was heard, for the said Lady, against the Bill; and called

Elizabeth Rumsey, who was sworn, and examined as to the kind Behaviour of Lady Dinely to her Husband; and of his indifferent Conduct towards her, even not to allow her Necessaries.

She was cross-examined as to the Time of this Behaviour; and said, "It was Ten Years ago, or more; and that he would often call her Whore; but she believed my Lady did not deserve it."

Martha Mellichamp was next produced, and examined, upon Oath, to the same Matter; and acquainted the House, "She had known Sir John and his Lady about Twenty Years; that he turned her out of Doors at Midnight, and her Child after her, about Three Years old, in about a Month after she had lain-in; and that she went to a poor Woman's House."

Then Diana Mellichamp was examined also, in the same Manner, to the ill Usage of Sir John to his Lady; and acquainted the House, "She had known them 18 or 19 Years; and he bid her take the Child, and carry it after its Mother, or he would break its Neck."

Also, Elizabeth Dingley examined in like Manner; and informed the House, "That she had known them ever since they came together; that she knew Lady Dinely was confined in a Garret, and had a Chain and Padlock on her Foot; but could not deny but that she might have come away: This was about 8 or 9 Years ago."

After which, Anne Savage was produced, and examined also upon Oath; and acquainted the House, "That, near 14 Years ago, she has known Sir John and his Lady; and that he used her in a bad Manner, and hauled her up in a Cheese Chamber from her Bed, and kept her there a whole Winter's Night, till she was almost starved: that he locked up the Victuals and Candle from her; but she did not know the Cause of his Anger."

Then Thomas Ashfield, an Attorney, was sworn, in order to be examined:

But not being able to say any Thing material;

Edward Spraag was produced, and likewise sworn: But, before he was examined, he acquainted the House, That he had been at great Expences, in being summoned to attend here out of the Country from Stow; that he had not been gratified, which he desired to be before he gave his Evidence; and that he believed his Expences would amount to between Four and Five Pounds."

The Counsel were then directed to withdraw.

After Debate;

The Solicitors on both Sides were called in, and heard, at the Bar, as to the Application of the Money advanced by the said Sir John, and what further Sum he might be willing to advance.

And then they were directed to withdraw.

£. 100. to be lodged with the Clerk:

Ordered, That Sir John Dinely do deposit, in the Hands of the Clerk Assistant, the further Sum of One Hundred Pounds, to be liable to defray the Charges and Expences of Witnesses, on the Part of the Lady Dinely, in making her Defence to the Bill, and other necessary Expences in relation thereunto; subject to the further Order of this House, which their Lordships may think fit to make.

Then the Counsel were again called in; and acquainted by the Lord Chancellor with what the House had determined.

And Edward Spraag, who had been sworn before, was produced, and examined as to the Value of Sir John Dinely's Estate, and the Fortune brought by Lady Dinely.

And he thereupon acquainted the House, "That Sir John's Estate is computed to be about £. 3000. per Annum; and that my Lady brought him £. 20,000."

Then the Counsel on the Part of the Lady Dinely called another Witness.

But it being moved, "That the Counsel be directed to withdraw:"

They accordingly withdrew.

And it being proposed, "To adjourn the further Hearing of Counsel and Consideration of the said Bill to Monday next:"

The same was objected to.

And the Question being put thereupon;

It was Resolved in the Affirmative.

Ordered, That the further Hearing of Counsel and Consideration of the said Bill be adjourned to Monday next.

Adjourn.

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