BHO

House of Lords Journal Volume 26: April 1744, 1-10

Pages 357-364

Journal of the House of Lords Volume 26, 1741-1746. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Citation:

Table of contents

April 1744, 1-10

DIE Martis, 3o Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Ebor.
Epus. Roffen.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Bristol.
Epus. Landavens.
Epus. Bangor.
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Carlisle.
Comes Doncaster.
Comes Radnor.
Comes Berkeley.
Comes Holderness.
Comes Coventry.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Dunmore.
Comes Oxford.
Comes Rockingham.
Comes Halifax.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Comes Offord.
Comes Bath.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount St. John.
Viscount Torrington.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North.
Ds. Brooke.
Ds. Strange.
Ds. Ward.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Talbot.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Auchterlony against Hunter.

The special Answer of Archibald Hunter, to the amended Appeal of George Auchterlony of London Merchant, was brought in.

Chippenham Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, so far as the same relates to the repairing the Road from Studley Bridge to Chippenham, in the County of Wilts; and for amending the Road from Chippenham to Pickwick, in the said County."

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

L. President.
D. Beaufort.
D. Bolton.
D. Argyll.
D. Portland.
D. Bridgewater.
M. Tweeddale.
E. Lincoln.
E. Warwick.
E. Chesterfield.
E. Thanet.
E. Sandwich.
E. Doncaster.
E. Holdernesse.
E. Oxford.
E. Rockingham.
E. Ker.
E. Effingham.
E. Bath.
Viscount Fauconberg.
L. Bp. Rochester.
L. Bp. Sarum.
L. Bp. Exon.
L. Bp. Gloucester.
L. Bp. Worcester.
L. Bp. Bangor.
L. Abergavenny.
L. Willoughby Par.
L. North.
L. Strange.
L. Ward.
L. Conway.
L. Hervey.
L. Somerville.
L. Foley.
L. Monson.
L. Raymond.
L. Montfort.
L. Fitzwilliam.
L. Edgecumbe.
L. Sandys.

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

Recruiting Act, a Mistake in it to rectify, Bill; brought from H. C and read Three Times:

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

With a Bill, intituled, "An Act to rectify a Mistake in an Act made this Session of Parliament, intituled, An Act for the speedy and effectual recruiting His Majesty's Land Forces and Marines for the Year One Thousand Seven Hundred and Forty-four;" to which they desire the Concurrence of this House.

The said Bill was read Thrice.

And the Question being put, "Whether the same 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. Edwards:

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

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present;

His Majesty, being seated on the Throne, with the accustomed Ceremonies; the Prince of Wales and the Duke of Cumberland (in their Robes) sitting in their respective Places; 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, that they attend Him immediately, in this House."

Who being come, with their Speaker;

The Clerk of the Crown read the Title of the following Bill, ready for the Royal Assent, as follows:

and the Bill passed:

"An Act to rectify a Mistake in an Act made this Session of Parliament, intituled, An Act for the speedy and effectual recruiting His Majesty's Land Forces and Marines, for the Year One Thousand Seven Hundred and Forty-four."

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

"Le Roy le veult."

Then His Majesty spake as follows:

His Majesty's Speech.

"My Lords, and Gentlemen,

"The Preparations which were so long carried on in France, to invade this Kingdom, in Favour of a Popish Pretender, have at last been followed with a Declaration of War, by that Crown, against Me. The Duty, Affection, and Zeal, for Me and My Family, which have been so fully and cordially expressed in the unanimous Resolutions of both Houses of Parliament, and in the loyal and seasonable Addresses of all My good Subjects, ought to have convinced our Enemies, how ill-grounded any Hopes of Success were, with which they might have vainly flattered themselves in such an Attempt: To Me, it is the truest Satisfaction, and must be the greatest Security to My Government, that, just at the Time of entering into this War, I have had such solemn Assurances and Pledges of the Fidelity and good Affections of My People.

"Whatever Colours may be endeavoured to be put on these injurious Proceedings of the Court of France, I can appeal to the whole World for the Rectitude and Equity of My Conduct, always steadily directed to the Defence of the ancient Allies of My Crown, conformably to Treaties, to the Preservation of the Balance and Liberties of Europe, and the Maintenance of the Commerce and essential Interests of My Kingdoms, pursuant to the Advice of My Parliament, without invading the Rights of any other Power.

"Under these Circumstances, I have declared War, on My Part, against the French King; and have made the proper Requisitions to My Allies, particularly The States General of the United Provinces (whose Friendship I have so lately experienced), to join with Me, and perform their Engagements, on this important Occasion.

"Gentlemen of the House of Commons,

"I take this Opportunity to thank you for the Readiness and Dispatch with which you have already granted Me such large Supplies, and that on Terms so advantageous to the Public, although we were then actually menaced with an Invasion. It would give Me the utmost Concern, to see our Expences increased by this new Event; but if you shall find any Thing further necessary, for the Support of the Honour of My Crown and your own Security, in the present Conjuncture, I depend on your wonted Zeal to provide for it.

"My Lords, and Gentlemen,

"In so just a Cause, I rely on the Divine Protection, and on your vigorous and effectual Support and Assistance. Let the Enemies of our Peace, who have long aspired at the universal Monarchy of Europe, and envied the Liberty and flourishing Condition of My Kingdoms in particular, see, that Great Britain, in Conjunction with her Allies, is able to withstand and defeat their destructive Projects. I will do My Part: I have no Interest at Heart but yours; and in that common Interest let us all unite."

The Speech being ended, His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

The Lord Chancellor reported His Majesty's Speech.

And the same being afterwards read by the Clerk:

Order for Address.

Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Speech from the Throne.

"To express our utmost Indignation at the Proceedings of the Court of France, in following their unjust Attempt to invade this Kingdom, contrary to the Faith of Treaties, by a Declaration of War, filled with Insinuations injurious to the Honour of His Majesty and the British Nation.

"To assure His Majesty, that as nothing could have raised the Zeal and Ardour of this House, for the Service and Support of His Majesty, to so high a Pitch as these Measures of the French King; so His Majesty may firmly rely on the utmost Efforts of all His People, to make good the Assurances so lately given Him, and effectually to assist Him in prosecuting the War against France with the greatest Vigour.

"To acknowledge His Majesty's Goodness, in acquainting us with the Requisitions made by Him on this Occasion to His Allies, particularly The States General; and to desire His Majesty to continue those Instances in the strongest Manner; this House not doubting but the same Friendship which that Republic has so lately shewn for this Kingdom, and their just Sense of our common Interest and Danger, will induce them to join with His Majesty, and fulfil their Engagements in this Conjuncture.

"To thank His Majesty for His gracious Declaration, that He has no Interest at Heart but that of His Kingdoms; and to assure Him, that we look upon the Defence and Support of His Majesty, and of the Protestant Succession in His Royal House, as the only Security (under God) of the Religion, Laws, and Liberties, of Great Britain, in which all true Britons and Protestants will zealously and stedfastly unite."

Then the Lords following were appointed a Committee, to prepare an Address, pursuant to the said Order; and report to the House; (videlicet,)

L. Privy Seal.
L. Steward.
D. Richmond.
D. Newcastle.
D. Portland.
M. Tweeddale.
E. Pembroke.
E. Warwick.
E. Chesterfield.
E. Bath.
L. Cadogan.

Their Lordships, or any Five of them; to meet presently, in the Prince's Lodgings; and to adjourn as they please.

The House was adjourned during Pleasure.

And the Committee withdrew, to draw the Address.

After some Time, the House was resumed.

And the Earl of Bath reported from the said Committee, an Address drawn by them.

Which, being read by the Clerk, was agreed to by the House, and is as follows:

Address reported.

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, return Your Majesty our humble Thanks, for Your most Gracious Speech from the Throne.

"As the Preparations lately made by the Court of France to invade this Kingdom, in Favour of a Popish abjured Pretender, raised in us the utmost Resentment and Abhorrence; so the Disappointment, which, through the good Providence of God, and Your Majesty's Vigilance, that pernicious Design has met with, fills our Hearts with the truest Joy and Satisfaction.

"A Proceeding so notoriously contrary to the Faith of many Treaties, could have been aggravated by nothing but the Declaration of War published by the French King against Your Majesty; a Declaration containing Insinuations so injurious to Your Majesty's Royal Dignity, and to the Honour of the British Name and Nation, that the Indignation which we feel in ourselves makes us not doubt but it will have the same just Effect on the Minds of all Your faithful Subjects.

"Our Zeal for Your Majesty, Your Royal Family, and Government; our Ardour for the Service and Support of Your Majesty and our Country, at the Expence of our Blood and Treasure; could not have been augmented by any Circumstances but the Measures now taken by France, unprovoked by any Thing but Your Majesty's Endeavours to defend the ancient and natural Allies of Your Crown, to preserve the Liberties of Europe, and to maintain the Commerce and essential Interests of Your Kingdoms.

"If Great Britain could be wanting to Your Majesty in so just a Cause; it must be wanting to itself. You may therefore firmly rely on the utmost Efforts of Your People, to make good the solemn Assurances which they have so dutifully and so affectionately given You, and effectually to stand by and assist Your Majesty, in prosecuting the War against France with the greatest Vigour.

"We acknowledge Your Majesty's Goodness, in acquainting us, That, upon this Event, You have made the proper Requisitions to Your Allies, particularly to The States General of the United Provinces; between whom and this Nation the strictest Ties do happily subsist: We humbly beseech Your Majesty to continue those Instances in the strongest Manner; not doubting, but the same Friendship which that great Protestant Republick has so lately shewn for this Kingdom, and their just Sense of our common Interest and common Danger, will induce them to join with Your Majesty, and to fulfil their Engagements on the present Occasion.

"Your Majesty's gracious and paternal Declaration, that you have no Interest at Heart but that of Your Kingdoms, cannot fail to excite in all Your Subjects the warmest Gratitude; and to cement that Considence between King and People, which is so necessary in this Conjuncture. Permit us, on our Part, to assure Your Majesty, from the Bottom of our Hearts, that we look upon the Defence and Support of Your Majesty, and of the Protestant Succession in Your Illustrious House, as the only Security (under God) of our Religion, Laws, and Liberties; and that, in this national and glorious Clause, all true Britons and Protestants will zealously and stedfastly unite."

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

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time He will be pleased to appoint to be attended therewith.

E. Moray against Ross & al.

Ordered, That the Hearing of the Cause wherein James Earl of Moray is Appellant, and Charles Ross Esquire and others are Respondents, which stands for To-morrow, be put off to the next Day.

Adjourn.

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

DIE Mercurii, 4o Aprilis.

Domini tam Spirituales quam temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffens.
Epus. Exon.
Epus. Bath. & Wells.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Argyll.
Comes Warwick.
Comes Harborough.
Comes Bath.
Ds. Willoughby Par.
Ds. Strange.
Ds. Hervey.
Ds. Somerville.
Ds. Sandys.

PRAYERS.

His Majesty to be attended with the Address.

The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time He would be pleased to appoint to be attended with their Lordships Address of Yesterday; and that His Majesty had been pleased to appoint this Day, at Two o'Clock, at His Palace of St. James's."

Duke of Buccleuch's Bill.

The Duke of Argyll reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming the Jointure made on the Marriage of Francis Scot Esquire, commonly called Earl of Dalkeith, Eldest Son and Heir Apparent to Francis Duke of Buccleuch, with Lady Caroline Campbell; and for empowering the Heirs of Entail succeeding to the Estate of Francis late Earl of Buccleuch to make Jointures, in such Manner as is therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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 said Bill be engrossed.

Ripon Common, Bill.

The Lord Sandys made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for extinguishing a Right of Common claimed by and belonging to the Owners and Proprietors of ancient Burgages and Tenements, in Ripon, Littlethorpe, and Bondgate, in the County of York; and for settling and providing an Equivalent for the said Common Right," was committed.

Adjourn.

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

DIE Jovis, 5o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffens.
Epus. Wigorn.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Dux Beaufort.
Dux Argyll.
Dux Bridgewater.
March. Tweeddale.
Comes Suffolk.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Doncaster.
Comes Aylesbury.
Comes Litchfield.
Comes Coventry.
Comes Morton.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Oxford.
Comes Rockingham.
Comes Halifax.
Comes Pomfret.
Comes Graham.
Comes Offord.
Viscount Fauconberg.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North.
Ds. Brooke.
Ds. Strange.
Ds. Ward.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Onslow.
Ds. Monson.
Ds. Raymond.
Ds. Talbot.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

The King's Answer to the Address.

The Lord Chancellor reported, "That the House did Yesterday present to His Majesty their humble Address; to which His Majesty was pleased to return the following most Gracious Answer; (videlicet,)

"My Lords,

"I give you My hearty Thanks for this Address, so full of that Duty and Zeal which I have always experienced from you. The Unanimity with which it passed, adds greatly to the Satisfaction I receive from it. I rely upon you, to make good your Assurances; and you may depend on My Endeavours to carry on this War in such a Manner as may be most for the Advantage of My Kingdoms."

Ordered, That the said Address, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

D. Buccleuch's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming the Jointure made on the Marriage of Francis Scot Esquire, commonly called Earl of Dalkeith, Eldest Son and Heir Apparent to Francis Duke of Buccleuch, with Lady Caroline Campbell; and for empowering the Heirs of Entail succeeding to the Estate of Francis late Earl of Buccleuch, to make Jointures, in such Manner as is 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. Holford and Mr. Edwards:

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

Ripon Common, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for extinguishing a Right of Common claimed by and belonging to the Owners and Proprietors of ancient Burgages and Tenements, in Ripon, Littlethorpe, and Bondgate, in the County of York; and for settling and providing an Equivalent for the said Common Right."

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.

E. Moray against Ross & al.

After hearing Counsel in Part, in the Cause wherein James Earl of Moray is Appellant, and Charles Ross Esquire and others are Respondents:

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

Respondents to Le Neve's Appeal to produce Papers.

Upon reading the Petition of Isabella Le Neve, Edward Le Neve, Peter Le Neve, Mathew Grave and Anne his Wife; praying, "That John Norris and his next Friend, Respondents to the Petitioners Appeal, or his Clerk in Court, may be required to produce certain Indentures, bearing Date the 1st and 2d of August 1679, and the Copy of the Answer of John Neve a Blacksmith, and all other Deeds, Writings, Affidavits, and other Evidences, produced by them on arguing the Appellants Petition in the Court of Chancery, upon the Hearing of the Petitioners Appeal in this House;" and also reading an Order of the said Court of Chancery, for producing the said Indentures there:

It is Ordered, That the said Respondents, or their Clerk in Court, do produce, at the Bar of this House, on hearing of the said Appeal, the said Indentures of the 1st and 2d of August 1679, and the Copy of the Answer of John Neve the Blacksmith, and all other Deeds and other Exhibits as were produced by the said Respondents, and read, upon arguing the said Petition in the Court of Chancery.

Adjourn.

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

DIE Veneris, 6o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Exon.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Dux Beaufort.
Dux Argyll.
Dux Portland.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Thanet.
Comes Sandwich.
Comes Aylesbury.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Halifax.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Offord.
Comes Bath.
Viscount St. John.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Brooke.
Ds. Maynard.
Ds. Strange.
Ds. Cornwallis.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Monson.
Ds. Talbot.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

E. Moray against Ross & al.

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of James Earl of Moray; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 17th Day of November last; and also of another Interlocutor of the same Lords, of the 25th of January last; and likewise of an Interlocutor of the Lord Ordinary, of the First of February last, made on the Behalf of Charles Ross of Balnagown Esquire; and praying, "That the same might be reversed; and that the Appellant might have such Relief as to this House in their great Wisdom should seem meet:" As also upon the Answer of the said Charles Ross, and the Answer of George Lord Ross and William Master of Ross, and the joint and several Answer of Francis Lord Doun Eldest, and James Stewart Second, Son of the Appellant, 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 so much of the said Interlocutor of the 17th of November last, as is complained of in the said Appeal, and likewise the Two other Interlocutors therein complained of be, and are hereby, affirmed.

Le Neve & al. to produce Papers, on hearing their Appeal.

Upon reading the Petition of John Norris and others, Respondents to the Appeal of Isabella Le Neve and others; praying, "That the said Appellants may be ordered to produce, at the Hearing of the said Appeal, all such Deeds, Affidavits, Writings, and Papers, as they produced and read at the Time of the hearing the Appellants Petition in the Court of Chancery, for Liberty to exhibit their Supplemental Bill and other Matters:"

It is Ordered, That the Appellants do produce, at the Bar of this House, at the Hearing of the said Appeal, such Papers, Writings, and Exhibits, as were produced and read on arguing the said Petition in the Court of Chancery.

Adjourn.

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

DIE Lunæ, 9o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Sarum.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Bristol.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux Leeds.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Chesterfield.
Comes Thanet.
Comes Aylesbury.
Comes Warrington.
Comes Coventry.
Comes Poulet.
Comes Morton.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Comes Offord.
Viscount Fauconberg.
Viscount St. John.
Viscount Torrington.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Conway.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Raymond.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Cullum's Bill.

The Lord Montfort reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the settled Estate of John Cullum Esquire in Trustees, to be sold, towards discharging Encumbrances affecting the same; and for securing and providing an Equivalent for the same, out of another Part of his Estate, for the Uses and Purposes of his Marriage Settlement," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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 said Bill, with the Amendments, be engrossed.

Cliffe's Bill.

The Earl of Warwick made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for vesting divers Lands and Hereditaments, devised by the Will of Richard Cliffe Esquire, deceased, in Trustees, to be sold, for paying the Debts and Legacies charged thereupon by the said Will; and for laying out the Surplus of the Money arising by such Sale (if any) in purchasing other Lands, to be settled to the Uses of the said Will," was committed.

And the same Order was made.

Poor's Bill.

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

With a Bill, intituled, "An Act for remedying some Defects in the Act made in the Forty-third Year of the Reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor;" to which they desire the Concurrence of this House.

River Dee, Bill.

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

With a Bill, intituled, "An Act for explaining and amending an Act passed in the Sixth Year of His present Majesty's Reign, intituled, "An Act to recover and preserve the Navigation of the River Dee, in the County Palatine of Chester;" and another Act passed in the Fourteenth Year of His present Majesty's Reign, intituled, "An Act for incorporating the Undertakers of the Navigation of the River Dee;" and for repealing the Tonnage Rates payable to the said Undertakers, and for granting to them other Tonnage or Keelage in Lieu thereof; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

The Two last Bills were read the First Time.

Ordered, That the Bill relating to the Poor be printed.

Chippenham Road, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, so far as the same relates to the repairing the Road from Studley Bridge to Chippenham, in the County of Wilts, and for amending the Road from Chippenham to Pickwick, in the said County," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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."

Messages from H. C. to return Sir R. Sutton's Bill;

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

To return the Bill intituled, "An Act for vesting the settled Estate of Sir Robert Sutton, in the County of Nottingham, in Trustees, to be sold, for discharging several Mortgages and Encumbrances; and for laying out the Surplus of the Money arising by such Sale in the Purchase of other Lands, to be settled, together with his Estate in the County of Lincoln, to the Uses therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Ayshcombe's Bill:

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

To return the Bill, intituled, "An Act for Sale of Part of the settled Estate of John Ayshecombe Gentleman, lying in the County of Warwick; and for settling another Estate, in the same County, of greater Value, to the same Uses, in Lieu thereof; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and E. Plimouth's Bill.

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

To return the Bill, intituled, "An Act to empower the Guardians of Other Lewis Earl of Plimouth, an Infant, to purchase the Estate of his Grandfather Thomas Lewis Esquire, in the County of Glamorgan;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Martin against Strachan & al. Writ of Error.

Counsel were called in, pursuant to the Order of the 24th of February last, to be further heard, in the Cause upon a Writ of Error, wherein John Martin, on the Demise of Thomas Tregonwell Esquire, is Plaintiff, and John Strachan the Younger Esquire and Luke Harrison are Defendants.

And the Second Counsel for the Defendants in Error having been fully heard;

As also One Counsel for the Plaintiff in Error, by Way of Reply:

The Counsel were directed to withdraw.

Proposed, "To ask the Judges (who attended according to Order) a Question as to a Point of Law."

And the same being agreed to:

Ordered, That the Judges do deliver their Opinions to this House, on this Day Sevennight, on the following Question; (videlicet,)

Question to the Judges.

"Whether, upon the Death of Jacoh Banks, the Estate in Question did, by Law, descend to his Heir on the Part of the Mother, or not?"

Le Neve & al. against Norris & al.

Ordered, That the Hearing of the Cause wherein Isabella Le Neve and others are Appellants, and John Norris and others Respondents, which stands for Tomorrow, be put off to Thursday next.

Adjourn.

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

DIE Martis, 10o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Landavens.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Leeds.
Dux Argyll.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Sandwich.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Offord.
Viscount Fauconberg.
Viscount St. John.
Viscount Torrington.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Maynard.
Ds. Strange.
Ds. Cornwallis.
Ds. Gower.
Ds. Conway.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Bishops take the Oaths.

John Lord Bishop of Lincoln, Samuel Lord Bishop of St. Asaph, and Richard Lord Bishop of St. Davids, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Bp. of St. Asaph to preach on the Fast-Day.

Ordered, That the Lord Bishop of St. Asaph be, and is hereby, desired to preach before this House, in the Abbey Church, Westminster, To-morrow, being, by His Majesty's Royal Proclamation, appointed to be observed as a general Fast.

Cliffe's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Hereditaments devised by the Will of Richard Cliffe Esquire, deceased, in Trustees, to be sold, for paying the Debts and Legacies charged thereupon by the said Will; and for laying out the Surplus of the Money arising by such Sale (if any) in purchasing other Lands, to be settled to the Uses of the said Will."

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

It was Resolved in the Affirmative.

Cullum's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estate of John Cullum Esquire in Trustees, to be sold, towards discharging Encumbrances affecting the same; and for securing and providing an Equivalent for the same, out of another Part of his Estate, for the Uses and Purposes of his Marriage Settlement."

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

It was Resolved in the Affirmative.

Message to H. C. with the preceding Bills.

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

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

River Dee, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for explaining and amending an Act passed in the Sixth Year of His present Majesty's Reign, intituled, "An Act to recover and preserve the Navigation of the River Dee, in the County Palatine of Chester;" and another Act, passed in the Fourteenth Year of His present Majesty's Reign, intituled, "An Act for Incorporating the Undertakers of the Navigation of the River Dee;" and for repealing the Tonnage Rates payable to the said Undertakers, and for granting to them other Tonnage or Keelage Rates in Lieu thereof; and for other Purposes therein mentioned."

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

Ld. Steward.
D. Leeds.
D. Argyll.
D. Portland.
D. Bridgewater.
E. Northampton.
E. Warwick.
E. Litchfield.
E. Warrington.
E. Coventry.
E. Morton.
E. Oxford.
E. Strafford.
E. Harborough.
E. Graham.
E. Malton.
E. Bath.
V. Fauconberg.
V. St. John.
L. Bp. Rochester.
L. B. Gloucester.
L. B. Worcester.
L. B. Lincoln.
L. B. St. Asaph.
L. B. St. Davids.
L. Willoughby Br.
L. Willoughby Par.
L. Maynard.
L. Strange.
L. Cornwallis.
L. Gower.
L. Conway.
L. Somerville.
L. Foley.
L. Bathurst.
L. Ducie.
L. Fitzwilliam.
L. Edgecumbe.
L. Sandys.

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

Chippenham Road, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, so far as the same relates to the repairing the Road from Studley Bridge to Chippenham, in the County of Wilts; and for amending the Road from Chippenham to Pickwick, in the said County."

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.

Moore, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Moore Esquire; praying Leave to bring in a Private Bill:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable William Moore Esquire to sell an Estate purchased under the Will of William Smythe Esquire; and to lay out the Money thereby arising, with other Money therein mentioned, in the Purchase of another Estate, to be settled to the Uses of the said Will."

Poor's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for remedying some Defects in the Act made in the Forty-third Year of the Reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor."

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, undecimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.