House of Lords Journal Volume 23
April 1729, 21-30

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History of Parliament Trust

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Year published

1767-1830

Pages

398-412

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'House of Lords Journal Volume 23: April 1729, 21-30', Journal of the House of Lords volume 23: 1727-1731 (1767-1830), pp. 398-412. URL: http://www.british-history.ac.uk/report.aspx?compid=113945 Date accessed: 20 April 2014. Add to my bookshelf


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April 1728, 21-30

DIE Lunæ, 21o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Bath & Well.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Epus. Petriburg.
Epus. Cestriens.
Epus. Asaphens.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Montagu.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
Comes Westmorland.
Comes Sunderland.
Comes Cardigan.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Marchmont.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Bristol.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.
Ds. Percy.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Maynard.
Ds. Cornwallis.
Ds. Craven.
Ds. Ashburnham.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Masham.
Ds. Foley.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Wilmington.
Ds. Monson.
Ds. Malton.
Ds. Lovell.

PRAYERS.

Chapel of Ease in Leeds to make a Benefice, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to make the Chapel of Eease of The Holy and Undivided Trinity, in the Town of Leeds, in the County of York, a perpetual Cure and Benefice; and for defraying of some Expences in finishing the said Chapel yet remaining unpaid."

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

Ds. Trevor, C. P. S.
Dux Montagu.
Dux Greenwich.
Comes Westmorland.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Findlater.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Macclesfield.
Comes Pomfret.
Vis. Say & Seale.
Vis. Lonsdale.
Vis. Falmouth.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Norwic.
Epus. Carliol.
Epus. Menevens.
Epus. Petriburg.
Epus. Asaphens.
Ds. Percy.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Craven.
Ds. Foley.
Ds. Bingley.
Ds. Walpole.
Ds. Wilmington.
Ds. Monson.
Ds. Malton.
Ds. Lovell.

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

Relief of Debtors, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Sir John Schaw versus Lady Houstoun:

Upon reading the Petition of Sir John Schaw of Greenock Baronet, and Colonel Charles Cathcart, having Power and Commission from him; praying, "In regard Propositions have been made to Dame Margaret Houstoun, Sister to the Petitioner, and Respondent to his Appeal; and which, he hopes, will bring about a final Accommodation between so near Relations; that his Appeal, which stands for an Hearing on Wednesday next, may be dismissed:"

And thereupon the Agents on both Sides being called in:

And Mr. Alexander Hamilton, the Respondent's Agent, acquainting the House, "The Respondent did consent to the Dismission of the Appeal, without Costs, upon affirming the Decree:"

And being withdrawn:

Appeal dismissed, and Decree affirmed.

It is Ordered, That the said Appeal be, and is hereby, dismissed this House accordingly; and that the Interlocutory Sentence, or Decree, therein complained of, be, and is hereby, affirmed.

Bricks and Tiles, Bill.

The Earl of Westmorland (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to explain and amend an Act, made in the Twelfth Year of His late Majesty's Reign, intituled, "An Act to prevent Abuses in the making of Bricks and Tiles, and to ascertain the Dimensions thereof; and to prevent all unlawful Combinations amongst any Brick-makers or Tile-makers within Fifteen Miles of the City of London, in order to advance or enhance the Price of Bricks or Tiles," was committed, the Amendments made by the Committee to the said Bill.

Which were read Twice, by the Clerk, and agreed to by the House, and are as follow; (videlicet,)

"Press 2d, Line 37th. Leave out from ["Offence"] to ["Provided"], in the 3d Line of the next Press."

"Press 3d, L. 8th. After ["Bricks"], insert ["for Sale"]."

Paving Streets in Westminster, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for better paving and cleansing the Streets in the City and Liberty of Westminster, and other Places within the Limits of the Weekly Bills of Mortality, in the County of Middlesex."

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

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

Bribery in Elections to prevent, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament."

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

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

Ordered, That this House shall be put into a Committee, to consider further of the said Bill, on Wednesday next; and the Lords to be summoned.

Pamphlet, alledged to contain Reflections on Ld. Willoughby de Broke, complained of.

Complaint being made to the House, of a printed Pamphlet, intituled, "Who is the Impostor discovered; or, the Vindication of John Curson, from the malicious Aspersions in The Daily Post of the 3d Instant," wherein is contained, as was alledged, Reflections on the Lord Willoughby de Broke:

And a Paragraph in the 11th Page of the said Pamphlet being read by the Clerk:

It is Ordered, That the Matter of this Complaint be, and is hereby, referred to the Lords Committees for Privileges; and that their Lordships do meet, and consider the same, To-morrow Morning.

Adjourn.

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

DIE Martis, 22o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Bath & Well.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Bristol.
Epus. Petriburg.
Epus. Cestriens.
Epus. Asaphens.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Beaufort.
Dux Bolton.
Dux Montagu.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Chandos.
Dux Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Plimouth.
Comes Warrington.
Comes Coventry.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Dartmouth.
Comes Sussex.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Falmouth.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Craven.
Ds. Carteret.
Ds. Herbert.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Ducie.
Ds. Wilmington.
Ds. Monson.
Ds. Malton.
Ds. Lovell.

PRAYERS.

Old Bank of Scotland's Answer to the Appeal of the Royal Bank.

The Answer of the Governor and Company of the Bank of Scotland to the Appeal of the Governor and Company of the Royal Bank of Scotland and Andrew Cochran Merchant in Glasgow, was brought in.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for the Relief of Insolvent Debtors;" to which they desire the Concurrence of this House.

Captain Buchan versus Buchan.

After hearing Counsel, upon the Petition and Appeal of Captain Charles Buchan; complaining of Two Interlocutors, or Decrees, of the Lords of Session in Scotland, of the Twenty-eighth of December and Ninth of January last, made on the Behalf of Mr. Thomas Buchan; and praying, "That the same may be reversed:" As also upon the Answer of the said Thomas Buchan put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

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 Interlocutors, or Decrees, therein complained of, be, and are hereby, affirmed.

Murphy et al. Leave to amend Appeal.

The Order made on Saturday last, for the Petition of Samuel Murphy and others, to lie on the Table till this Day, being read:

The Agents on both Sides, attending, were called in.

And the Respondents Agent acquainting the House, That they had no Objection to the Appellants amending their said Appeal, as prayed by the said Petition; provided they might have Three Weeks Time to put in their Answer:"

And being withdrawn:

It is Ordered, That the Petitioners be at Liberty to amend the said Appeal, as desired; and that the Respondents do put in their Answer or respective Answers thereunto, in Writing, in Three Weeks.

Elsdon Common to enclose, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common called Elsdon Common, in the Parish of Elsdon, in the County of Northumberland," was committed: "That they had considered the said Bill, and gone through the same, and made some Amendments thereunto."

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

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

Adjourn.

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

DIE Mercurii, 23o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Bath & Well.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Bristol.
Epus. Petriburg.
Epus. Cestriens.
Epus. Asaphens.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Beaufort.
Dux Bolton.
Dux Montagu.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Chandos.
Dux Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Plimouth.
Comes Warrington.
Comes Coventry.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Dartmouth.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Torrington.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Carteret.
Ds. Craven.
Ds. Herbert.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Ducie.
Ds. Wilmington.
Ds. Monson.
Ds. Malton.
Ds. Lovell.

PRAYERS.

Enfield Road to repair, Bill.

The Earl of Warrington reported from the Lords Committees to whom the Bill, intituled, "An Act for making more effectual the Acts passed, for repairing the Road from the Stones-end in Shoreditch, in the County of Middlesex, to the furthermost Part of the Northern Road in the Parish of Enfield, in the same County, next to the Parish of Cheshunt, in the County of Hertford; and for amending the Road from the Watch-house in Edmonton, to the Market-place in Enfield," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Then the said Bill was read the Third Time.

And the Question being 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. John Bennet and Mr. Masham:

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

Thurnscoe Common, to enclose, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming the Enclosure and Division of the Common Fields and Common Grounds, within the Parish of Thurnscoe, in the County of York," was committed: That they had considered the said Bill, and gone through the same, and made some Amendments thereunto."

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

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

Sheppards Shord Highways to repair, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for the more effectual repairing the Highways between Sheppards Shord and Horsley Upright Gate, leading down Bagdon Hill, in the County of Wilts, and other ruinous Parts of the Highways thereunto adjacent," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Royal Bank of Scotland versus Old Bank.

Upon reading the Petition of Alexander Hamilton, Agent for the Governor and Company of The Royal Bank of Scotland, and Andrew Cochran Merchant, Appellants in a Cause depending in this House, to which the Bank commonly called The Old Bank of Scotland are Respondents; praying, "In regard the Petitioner apprehends, and is advised, that the speedy Determination of the said Cause will be a general Benefit and Advantage to that Part of the Kingdom, that a short Day may be appointed, for hearing thereof:"

Whereupon the House was informed, "That there was something special in the Answer put in to the said Appeal."

And the said Answer being read:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, To-morrow Sevennight; and that the Counsel may in the First Place be heard, as to the Manner of the Appeal's lying before the House.

Bribery in Elections to prevent, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament."

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

And the Lord Delawarr reported from the said Committee, "That they had gone through the said Bill, and made several Amendments thereunto; which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be received on Friday next.

Paving Street Westminster Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for better paving and cleansing the Streets, in the City and Liberty of Westminster, and other Places within the Limits of the Weekly Bills of Mortality, in the County of Middlesex."

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. John Bennet and Mr. Masham:

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

Elsdon Common to enclose, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common called Elsdon Common, in the Parish of Elsdon, in the County of Northumberland."

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. John Bennet and Mr. Masham:

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

Bricks and Tiles, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to explain and amend an Act, made in the Twelfth Year of His late Majesty's Reign, intituled, "An Act to prevent Abuses in the making of Bricks and Tiles, and to ascertain the Dimensions thereof; and to prevent all unlawful Combinations amongst any Brick-makers or Tile-makers, within Fifteen Miles of the City of London, in order to advance or enhance the Price of Bricks or Tiles."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. John Bennet and Mr. Masham:

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

Adjourn.

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

DIE Jovis, 24o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux Montrose.
Dux Chandos.
Dux Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Scarsdale.
Comes Plimouth.
Comes Warrington.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Findlater.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Bristol.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Viscount Say & Seale.
Viscount Falmouth.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Herbert.
Ds. Gower.
Ds. Bingley.
Ds. Monson.
Ds. Malton.

PRAYERS.

Moore to take the Surname of Smythe, Bill:

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable James Moore and his Issue Male to take the Surname of Smythe, according to the Will of William Smythe Esquire, deceased; and for vesting in Trustees Two Thousand Three Hundred and Sixteen Pounds, Sixteen Shillings, and Ten Pence, South Sea Annuities, Part of the Estate of the said William Smythe, to be sold, for the Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, and gone through the same, with some Amendments."

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

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

Chapel of Ease in Leeds, to make a Benefice, Bill:

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to make the Chapel of Ease of The Holy and Undivided Trinity, in the Town of Leeds, in the County of York, a perpetual Cure and Benefice; and for defraying of some Expences in finishing the said Chapel yet remaining unpaid," was committed: "That they had considered the said Bill, and gone through the same, and made One Amendment thereunto."

Which, being read Twice by the Clerk, were agreed to by the House; and is as follows; (videlicet,)

"Press 15th, Line 27th. Leave out ["Forty"]; and instead thereof, insert ["Ninety"].

Leominster Roads, to repair, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the several Roads therein mentioned, leading into the Town of Leominster, in the County of Hereford," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Message from H. C. with a Bill; and to return Clayton's Bill; and Cotesworth's Bill.

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

With a Bill, intituled, "An Act for regulating, wellordering, governing, and improving, the Oyster Fishery in the River Medway, and Waters thereof, under the Authority of the Mayor and Citizens of the City of Rochester, in the County of Kent;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act to enable Henry Chaytor Gentleman to limit a Jointure to a Wife; and to let Leases for Twenty-one Years, of his Estate at Crost, in the County of York;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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

To return the Bill, intituled, "An Act to enable Robert Cotesworth Esquire to sell Part of an Estate, held by Lease of the Bishop of Durham, for Discharge of his Debts;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Sparrow et al. versus Shaw, in Error.

Counsel (according to Order) were called in, to argue the Errors assigned upon the Writ of Error, wherein William Sparrow and others are Plaintiffs, and William Shaw is Defendant.

And the Plaintiffs Counsel being heard:

They were all directed to withdraw.

And being withdrawn:

It is Ordered, That the further Hearing the Errors argued in this Case be adjourned till To-morrow, at Eleven a Clock.

Adjourn.

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

DIE Veneris, 25o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Bath & Well.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Cardigan.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Cholmondeley.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Graham.
Viscount Say & Seale.
Viscount Townshend.
Viscount Falmouth.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Lynne.
Ds. Herbert.
Ds. Haversham.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Wilmington.

PRAYERS.

Sparrow et al. versus Shaw, in Error.

This Day being appointed, to hear Counsel further upon the Writ of Error wherein William Sparrow and others are Plaintiffs, and William Shaw is Defendant:

And the Defendant's Counsel having been fully heard; and the Plaintiffs Counsel having replied:

They were directed to withdraw.

And being withdraw:

And the Judges attending (according to Order), and having conferred with the Lord Chancellor; his Lordship acquainted the House, "That the Judges of the King's Bench were of the same Opinion they were when they gave Judgement in this Case; but that there was a Difference of Opinion in the Judges of the Common Pleas and Barons of the Exchequer, who desired Time to confer, in order to be more clear in their Opinions."

It is Ordered, That the giving Judgement in this Case be adjourned till Tuesday next; and that the Judges do then attend, in order to deliver their Opinions.

De La Bere or Ridler's Bill:

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Kinard De La Bere Esquire, Committee of the Estate of Thomas Ridler Esquire, a Lunatic, to sell and dispose of Part of the Personal Estate of the said Lunatic, for Payment of his Debts," was committed: "That they had considered the said Bill, and examined the Allegations thereof, and gone through the same, with some Amendments."

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

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

Thurnscoe Common Fields to enclose, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming the Enclosure and Division of the Common Fields and Common Grounds, within the Parish of Thurnscoe, in the County of York."

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. Elde and Mr. Masham:

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

Moore to take the Surname of Smythe, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable James Moore and his Issue Male to take the Surname of Smythe, according to the Will of William Smythe Esquire, deceased; and for vesting in Trustees Two Thousand Three Hundred and Sixteen Pounds, Sixteen Shillings, and Ten Pence, South Sea Annuities, Part of the Estate of the said William Smythe, to be sold, for the 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. Elde and Mr. Masham:

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

Wick Rissington, Lands to enclose, Bill:

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

With a Bill, intituled, "An Act for confirming Exchanges and Allotments, Divisions, and Enclosures of Lands, in the Parish of Wick Rissington, in the County of Gloucester; and for establishing the Payment of the Yearly Sums to the Rector and his Successors, in Lieu of Tithes, pursuant to Agreements between Vincent Oakely Esquire, deceased, and the other Proprietors of the said Lands;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Jullian and Panchaud, Nat. Bill.

The Lord Delawarr, pursuant to the Order of the Nineteenth Instant, presented to the House a Bill, intituled, "An Act for naturalizing John Jullian and Isaac Panchaud."

And the same was read the First Time.

Oyster Fishery River Medway, Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act for regulating, well-ordering, governing, and improving, the Oyster Fishery in the River Medway and Waters thereof, under the Authority of the Mayor and Citizens of the City of Rochester, in the County of Kent."

Insolvent Debtors Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act for the Relief of Insolvent Debtors.

Ordered, That the said Bill be read a Second Time on Tuesday next; and the Lords to be summoned.

Brown versus Daly and Ld. Athunry.

Whereas this Day was appointed, for hearing the Cause wherein Issidor Brown is Appellant, and Dennis Daly and Francis Lord Baron of Athunry are Respondents:

Causes put off.

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

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet, or to have or exercise any Authority relating thereto;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for indemnifying Persons, who have omitted to qualify themselves for Offices or Employments within the Time limited by Law; and for allowing further Time for that Purpose; and for repealing so much of an Act of Parliament, passed in the First Year of His late Majesty King George the First, as requires Persons to qualify themselves for Offices or Employments within Three Months; and for limiting other Times for such Qualifications;" to which they desire the Concurrence of this House.

Bambridge to disable, Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet, or to have or exercise any Authority relating thereto."

Ordered, That the said Bill be read a Second Time on Wednesday next; and the Lords to be summoned; and that a Copy thereof be forthwith sent to the said Thomas Bambridge; and that Notice be given him, when the said Bill is appointed to be read a Second Time.

Committee to search Precedents concerning Bambridge.

The Lords following were appointed a Committee, to search Precedents of Proceedings, on Bills of the like Nature with the Bill to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet, or to have or exercise any Authority relating thereto; and to report to the House; (videlicet,)

Dux Devon, Præses.
Ds. Trevor, C. P. S.
Dux Montrose.
Dux Newcastle.
Dux Bridgewater.
Comes Warwick.
Comes Westmorland.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Oxford.
Comes Strafford.
Comes Graham.
Vis. Townshend.
Vis. Falmouth.
Vis. Torrington.
Epus. London.
Epus. Norwic.
Epus. Carliol.
Epus. Bristol.
Epus. Cestriens.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Lynne.
Ds. Herbert.
Ds. Haversham.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Wilmington.

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

Duncan versus Ure:

Upon reading the Petition of Alexander Hamilton, Agent for Charles Duncan, Deacon of the Goldsmiths in Edinburgh; praying, "That his Appeal, to which Archibald Ure is Respondent, may be withdrawn, without Costs; they having submitted all Matters in Difference betwixt them upon the said Appeal, to the Determination of an Arbitrator:"

And thereupon the Petitioner and the Respondent's Agent being called in, and consenting at the Bar;

And being withdrawn:

Appeal dismissed, by Consent.

It is Ordered, That the said Appeal be, and is hereby, dismissed this House.

Bribery in Elections to prevent, Bill:

The Order for receiving the Report of the Amendments made by the Committee of the whole House to whom the Bill, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament," was committed, being read:

It is Ordered, That the said Report be received on Thursday next.

Adjourn.

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

DIE Sabbati, 26o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Gloucestr.
Epus. Carliol.
Epus. Cestriens.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Comes Cardigan.
Comes Warrington.
Comes Loudoun.
Comes Findlater.
Comes Marchmont.
Comes Macclesfield.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Herbert.
Ds. Onslow.
Ds. Wilmington.

PRAYERS.

De La Bere or Ridler's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Kinard De La Bere Esquire, Committee of the Estate of Thomas Ridler Esquire, a Lunatic, to sell and dispose of Part of the Personal Estate of the said Lunatic, for the Payment of his Debts."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Chapel of Ease in Leeds to make a Benefice, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to make the Chapel of Ease of The Holy and Undivided Trinity, in the Town of Leeds, in the County of York, a perpetual Cure and Benefice; and for defraying of some Expences in finishing the said Chapel yet remaining unpaid."

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

It was Resolved in the Affirmative.

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

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

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

Wilts Highways, to repair, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the more effectual repairing the Highways between Sheppards Shord and Horsley Upright Gate, leading down Bagdown Hill, in the County of Wilts, and other ruinous Parts of the Highways thereunto adjacent."

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. Tothill and Mr. Allen:

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

Leominster Roads, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the several Roads therein mentioned, leading into the Town of Leominster, in the County of Hereford."

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. Tothill and Mr. Allen:

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

Wick Rissington, Lands to enclose, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming Exchanges, Allotments, Divisions, and Enclosures, of Lands, in the Parish of Wick Rissington, in the County of Gloucester; and for establishing the Payment of a Yearly Sum to the Rector and his Successors, in Lieu of Tithes, pursuant to Agreements between Vincent Oakley Esquire, deceased, and the other Proprietors of the said Lands."

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

Ds. Trevor, C. P. S.
Comes Cardigan.
Comes Warrington.
Comes Loudoun.
Comes Findlater.
Comes Marchmont.
Comes Macclesfield.
Epus. London.
Epus. Gloucestr.
Epus. Carliol.
Epus. Cestriens.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Herbert.
Ds. Onslow.
Ds. Wilmington.

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

Oyster Fishery in River Medway, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for regulating, well-ordering, governing, and improving, the Oyster Fishery in the River Medway and Waters thereof, under the Authority of the Mayor and Citizens of the City of Rochester, in the County of Kent."

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

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

Taking Oaths, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for indemnifying Persons who have omitted to qualify themselves for Offices or Employments within the Time limited by Law, and for allowing further Time for that Purpose; and for repealing so much of an Act of Parliament, passed in the First Year of His late Majesty King George the First, as requires Persons to qualify themselves for Offices or Employments within Three Months; and for limiting other Times for such Qualifications."

Ld. Willoughby Broke's Complaint; Committee of Privileges to meet.

Ordered, That the Lords Committees for Privileges, to whom was referred the Matter of the Complaint of a printed Pamphlet, intituled, "Who is the Impostor discovered; or the Vindication of John Curson, from the malicious Aspersions in The Daily Post of the 3d Instant;" wherein is contained, as was alledged, Reflections on the Lord Willoughby de Broke; and mentioned to be printed for J. Curson the Author, and sold at The German Coffee-house, in St. James's Street, and by the Booksellers of London and Westminster, do meet, to consider the Matter of the said Complaint, on Monday Morning next; and that the said John Curson have Notice thereof; and that he be at Liberty to attend their Lordships.

Report Precedents of Proceedings on Bills of like Nature as Mr. Bambridge's.

The Lord Delawarr reported from the Lords Committees appointed to search Precedents of Proceedings, on Bills of the like Nature with the Bill to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet, or to have or exercise any Authority relating thereto, "That the Committee have inspected Precedents accordingly; and offer the following Instances to the Consideration of the House:

"1st March, 1697. A Bill for punishing Charles Duncomb Esquire, for contriving and advising the making of false Endorsements of several Bills made forth at the Receipt of Exchequer, commonly called Exchequer Bills, was brought from the Commons, and ordered to be read the First Time the 4th Instant.

"4th March. The Bill was read the 1st Time; and, upon the Petition of the said Duncomb, he was ordered to be heard, by his Counsel, on the 11th Instant, before the 2d Reading of the said Bill.

"5th March. A Committee was appointed, to prepare what shall be offered at a Conference with the Commons, to the End that the Ground upon which that Bill had proceeded in that House might appear more plainly to the Lords.

"7th March. Report, was made from the said Committee, what was thought proper to be offered to the Commons, at a Conference; and a Conference was accordingly had the same Day.

"8th July, 1721. A Bill for raising Money upon the Estates of the late Directors of the South Sea Company, Mr. Aislabie, and Mr. Craggs Senior, was brought from the Commons, and read the First Time, and ordered to be read a 2d Time the 10th Instant.

"10th July. Petitions of the said Mr. Aislabie, the Administrators of the said Mr. Craggs, and the late Sub and Deputy Governor of the South Sea Company, were severally read; praying to be heard, by Counsel, against the said Bill.

"Then the said Bill was read a Second Time, and committed to a Committee of the whole House, the 13th Instant.

"11th July. The Petitions were considered; and 'twas Resolved, That a Conference be desired with the Commons, to the End that the Grounds upon which the said Bill proceeded in that House, so far as the same related to the said Aislabie and Craggs, might appear the more plainly to the Lords. And a Committee being appointed to prepare what should be offered at the Conference; Report was made of what was thought proper to be offered to the Commons accordingly.

"12 July. A Conserence was had with the Commons; and Report was made, "That the Managers for the Lords had delivered to the Commons what they were commanded."

"5th April, 1723. A Bill to inslict Pains and Penalties on John Plunket, was brought from the Commons; read the First Time, and ordered to be read a Second Time the Twenty-sixth of the same Month; and that a Copy thereof should be forthwith sent to the said Plunket, and he should be allowed Pen, Ink, and Paper; and that it be intimated to him, "That, upon Application to this House, he might have Counsel and a Solicitor assigned, to assist him in the making his Defence;" and the said Plunket was ordered to be brought to their Lordships Bar the said 26th Instant."

Which Report being read by the Clerk:

Conference to be had with H. C. about Bambridge's Bill:

It is Ordered, That a Conference be desired with the House of Commons, to the End that the Grounds upon which the Bill proceeded in that House might appear more plainly to the Lords.

Ordered, That the Committee, appointed Yesterday to search Precedents, do meet immediately, in the Prince's Lodgings, and prepare what shall be offered to the Commons at the Conference.

Then the House was adjourned during Pleasure, and the Committee withdrew.

After some Time, the House was resumed.

Heads for it.

And the Lord Delawarr reported from the said Committee, what they had prepared to be offered to the Commons, at a Conference, as follows:

"The Lords, having entered upon the Consideration of the Bill, intituled, "An Act to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet, or to have or exercise any Authority relating thereto," which they received from the Commons; and having read the said Bill the First Time, and ordered it a Second Reading on Wednesday next; do observe, that the Matters of Fact suggested in the said Bill, as the Ground and Foundation upon which it seems to have proceeded in the House of Commons, not appearing sufficiently before the Lords, their Lordships have desired this Conference, that they may have the Assistance of the Commons, in laying the State of the said Matters of Fact more fully before their Lordships."

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

Conference appointed and had.

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

To desire a present Conference with that House, in the Painted Chamber, upon the Subject-matter of the Bill, intituled, "An Act to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet, or to have or exercise any Authority relating thereto."

The Messengers sent to the House of Commons, return Answer:

That they do agree to a present Conference, as desired.

Ordered, That the Committee, to whom it was referred to prepare what shall be offered to the Commons at the Conference, be the Managers of the Conference.

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

The Names of the Managers for the Lords were called over.

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

Which being ended, the House was resumed.

And the Lord Privy Seal reported, "That they had met the Managers for the Commons, at the Conference, and delivered to them what they were commanded."

Adjourn.

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

DIE Lunæ, 28o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Gestriens.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Montrose.
Dux Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Scarsdale.
Comes Warrington.
Comes Rochford.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Sussex.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Falmouth.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Carteret.
Ds. Herbert.
Ds. Montjoy.
Ds. Foley.
Ds. Onslow.
Ds. Wilmington.
Ds. Monson.

PRAYERS.

Bindon versus Ryves.

The Answer of William Ryves Esquire, to the Appeal of David Bindon Merchant, was brought in.

Bambridge to be heard, against the Bill.

Upon reading the Petition of Thomas Bambridge, now a Prisoner in Newgate; setting forth, "That, by the Bill for disabling him to hold or execute the Office of Warden of the Prison of The Fleet, he conceives, if the same should pass, he shall thereby be greatly aggrieved;" and praying, "In regard he hath several material Witnesses, some of whom are Prisoners in The Fleet, and others residing at a great Distance, that he may be heard, by himself and Counsel, against the said Bill; and that he may have such Time and Order for producing his Witnesses, as to this House shall seem meet:"

It is Ordered, That the Second Reading of the said Bill, which is appointed for Wednesday next, be adjourned to the Friday following; and that the Petitioner may be heard at the said Second Reading, as desired; and that he may have an Order for producing such Witnesses as he shall think proper, or be advised.

Report of Committee of Privileges, on L Walloughby de Broke's Complaint.

The Lord Delawarr reported from the Lords Committees for Privileges, to whom was referred the Matter of the Complaint of a printed Pamphlet, intituled, Who is the Impostor discovered; or the Vindication John Curson from the malicious Aspersions in The Daily Post of the 3d of April Instant:" "That the Committee have considered the Matter of the said Complaint, and heard the said John Curson in relation thereunto; and are of Opinion, that the said John Curson, for writing and publishing the said Pamphlet, is Not guilty of a Breach of the Privilege of this House."

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

Jullian and Panchaud's Nat. Bill.

John Jullian and Isaac Panchaud took the Oaths appointed, in order to their Naturalization.

Hodie 2a vice lecta est Billa, intituled "An Act for naturalizing John Jullian and Isaac Panchaud."

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

Ds. Trevor, C. P. S.
Dux Montrose.
Comes Warwick.
Comes Westmorland.
Comes Warrington.
Comes Rochford.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Sussex.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Falmouth.
Epus. London.
Epus. Oxon.
Epus. Gloucestr.
Epus. Carliol.
Epus. Bristol.
Epus. Cestriens.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Carteret.
Ds. Herbert.
Ds. Montjoy.
Ds. Foley.
Ds. Onslow.
Ds. Wilmington.
Ds. Monson.

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

Taking Oaths, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for indemnifying Persons who have omitted to qualify themselves for Offices or Employments within the Time limited by Law, and for allowing further Time for that Purpose; and for repealing so much of an Act of Parliament, passed in the First Year of His late Majesty King George the First, as requires Persons to qualify themselves for Offices or Employments within Three Months; and for limiting other Times for such Qualifications."

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

Adjourn.

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

DIE Martis, 29o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Dunelm.
Epus. Winton.
Epus. Bath & Well.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Epus. Cestriens.
Epus. Asaphens.
Epus. Bangor.
Ds. King, Cancellarius.
Dux. Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux St. Albans.
Dux Rutland.
Dux Montrose.
2. Dux Ancaster & Kesteven, Magnus Camerarius Angl.
1. Dux Montagu.
Dux Newcastle.
Dux Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Sussex.
Comes Macclesfield.
Comes Graham.
Viscount Say & Seale.
Viscount Townshend.
Viscount Cobham.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Howard Eff.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Herbert.
Ds. Haversham.
Ds. Hay.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Wilmington.
Ds. Hobart.
Ds. Monson.

PRAYERS.

Jullian and Panchaud's Nat. Bill:

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Jullian and Isaac Panchaud," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Oyster Fishery in River Medway, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for regulating, well-ordering, governing, and improving, the Oyster Fishery in the River Medway, and Waters thereof, under the Authority of the Mayor and Citizens of the City of Rochester, in the County of Kent," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Wick Rissington Lands, to enclose, Bill.

Ordered, That the Earl of Warwick, Earl of Ilay, Earl of Strafford, Viscount Say and Seale, Lord Bathurst, Lord Bingley, and Lord Ducie, be added to the Lords Committees to whom the Bill for confirming Exchanges, Allotments, Divisions, and Enclosures of Lands, in the Parish of Wick Rissington, in the County of Gloucester, and other Purposes, stands committed.

Sparrow & al. versus Shaw:

Whereas, by virtue of His Majesty's Writ of Error returnable into the House of Lords in Parliament assembled, a Record of the Court of King's Bench was brought into this Court, the Twentieth Day of February last, with the Transcript thereof; wherein William Sparrow and others are Plaintiffs, and William Shaw, Lessee of Ravenscroft Gifford Esquire and of David Parry Gentleman, was Defendant; upon which said Writ, Errors being assigned by the said Plaintiffs, and Issue joined by the said Defendant; and Counsel having been heard, as well on Thursday as on Friday last, to argue the said Errors in this Case; and this Day being appointed for giving Judgement; and all the Judges attending (according to Order), delivered their Opinion, seriatim, in relation to a Point of Law to them proposed:

And due Consideration and Debate had of what was offered on either Side in this Case:

Judgement in the King's Bench reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the Court of King's Bench, reversing a Judgement given in the Court of the Great Sessions in the County of Flint, be, and is hereby, reversed; and that the said Judgement of the Court of Great Sessions be, and is hereby, affirmed.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows:

"Sed quia Curia Parliamenti præd. nunc hic de Judicio suo de & super Præmiss. reddend. nondum advisatur, Dies inde dat. est tam præsat. Will'o Sparrow, Josepho Barnett, Will'o Evans, Annæ Millington, Josepho Pue, Shcdrick Newton, & Carolo Duckworth, quam præd. Will'o Shaw, coram cadem Cur. Parliamenti apud Westm. usque Diem Martis, Vicesimum Nonum Diem Aprilis prox. sequent. de Judicio suo de & super Præmiss. audiend. eo quod Cur. Parliamenti præd. hic inde nondum &c.; ad quem Diem, coram eadem Curia Parliamenti præd. apud Westm. præd. assemblat. ven. tam præd. Will'us Sparrow, Josephus Bornett, Will'us Evans, Shedick Newton, & Carolus Duckworth, quam præd. Will'us Shaw, per Attorn. suos, & præd. Anna Millington & Josephus Pue non ven.; super quo, prædict. Will'us Sparrow, Josephus Barnett, Will'us Evans, Shedrick Newton, & Carolus Duckworth, dicunt quod post prædict. Vicesimum Diem Februarii, Anno Regni Domini Regis nunc Secundo, & ante hune Diem Martis, Vicesimum Nonum Diem Aprilis, scilicet, Primo Die Martii ult. præterit. præd. Anna Millington & Josephus Pue obierunt, & præd. Will'us Shaw hoc non dedic.; super quo, visis & per Cur. Parliamenti præd. nunc hic plenius intellectis omnibus & singulis Præmiss. diligenterque examinatis & inspectis tam Record. & Process. præd. ac separal. Judic. præd. super eisdem reddit. quam præd. Causis & Materiis superius pro pro Error. assign. maturaque Deliberatione inde habita, videtur eidem Cur. Parliamenti præd. quod in Record. & Process. præd. ac etiam in Redditione Judic. præd. in Cur. Domini Regis, coram ipso Rege apud Westm. in Forma præd. reddit. pro Reversatione & Adnullatione Judic. præd. in præd. Cur. Magn. Session. Com. Flint reddit. ac etiam in Redditione Judic. superinde pro præd. Will'o Shaw, versus præfat. Will'um Sparrow, Josephum Barnett, Will'um Evans, Annam Millington, Josephum Pue, Shedrick Newton, & Carolum Duckworth, manifest. est Errat.: Ideo cons. est per eandem Cur. Parliamenti præd. nunc hic, quod præd. Judic. Revocation. in Cur. Domini Regis, coram ipso Rege apud Westm. præd. in Forma præd. reddit. ac Judic. superinde pro præd. Will'o Shaw versus præd. Will'um Sparrow, Josephum Barnett, Will'um Evans, Annam Millington, Josephum Pue, Shedrick Newton, & Carolum Duckworth, in Forma præd. reddit. revocentur, adnullentur, & penitus pro nullo habeantur; & quod præd. Will'us Sparrow, Josephus Barnett, Will'us Evans, Shedrick Newton, & Carolus Duckworth, ad omnia quæ Occasione Judic. ill. amiser. restituantur &c.; & ulterius consideratum est per eandem Cur. Parliamenti præd. quod Judic. præd. in præd. Cur. Magn. Session. Com. Flint præd. in Forma præd. reddit. in omnibus affirmetur, ac in omni suo Robore stet & Effectu, dict. Judic. Revocation. inde in Cur. Domini Regis, coram ipso Rege, apud Westm. in Forma præd. reddit. ac in Cur. Parliamenti præd. jam reversat. in aliquo non obstant.; ac superius Record, præd. nec non Process. præd. Cur. Parliamenti præd. coram eis in Præmiss. habit. per eandem Curiam Parliamenti præd. coram Domino Rege, ubicunque &c. remittuntur &c."

Insolvent Debtors Bill.

The Order of the Day, for the Second Reading of the Bill, intituled, "An Act for the Relief of Insolvent Debtors," and for the Lords to be summoned, being read:

It is Ordered, That the said Bill be read a Second Time To-morrow.

Adjourn.

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

DIE Mercurii, 30o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Dunelm.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Asaphens.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Bridgewater.
Comes Westmorland.
Comes Scarsdale.
Comes Warrington.
Comes Loudoun.
Comes Findlater.
Comes Marchmont.
Comes Strafford.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Viscount Say & Seale.
Viscount Townshend.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Craven.
Ds. Carteret.
Ds. Herbert.
Ds. Hay.
2. Ds. Masham.
1. Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
2. Ds. Wilmington.
1. Ds. Onslow.
Ds. Monson.

PRAYERS.

Message from H. C. with a Bill; and to return the following ones:

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

With a Bill, intituled, "An Act for making more effectual several Acts passed, relating to Watermen, Wherrymen, and Lightermen, rowing on the River Thames; and for better ordering and governing such Watermen, Wherrymen, and Lightermen;" to which they desire the Concurrence of this House.

Radcliffe's Bill;

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

To return the Bill, intituled, "An Act for Sale of Part of the Estate of Walter Radcliffe Esquire, in the Counties of Devon and Somerset; and for settling other Lands, of equal Value, in the said County of Devon, to the same Uses, in Lieu thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Boate's Bill;

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

To return the Bill, intituled, "An Act for vesting all the Lands and Hereditaments in the County of Tipperary, in the Kingdom of Ireland, late the Estate of Godsrey Boate Esquire (late One of the Justices of His Majesty's Court of King's Bench in that Kingdom), deceased, in Trustees, to be sold, for the Payment of the Debts of the said Godfrey Boate; and for other Purposes;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Brafferton Vicarage, Exchange for Bishopthorp, Bill.

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

To return the Bill, intituled, "An Act for vesting the Advowson of the Vicarage of Brafferton, in the County of York, in His Majesty, in Exchange for the Advowson of the Vicarage of Bishopthorp, in the same County, thereby vested in the Archbishop of York;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Brown versus Daly and L. Athunry, Causes put off.

Whereas this Day was appointed, for hearing the Cause wherein Issidor Brown is Appellant, and Dennis Daly Esquire and Francis Lord Baron of Athunry are Respondents:

It is Ordered, That the Hearing thereof be adjourned till Monday next; and the other Causes on Cause-days removed in Course.

Insolvent Debtors Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the Relief of Insolvent Debtors."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next; and that a Copy thereof be sent to the Judges; and that some of each Court do then attend.

Conference desired by the Commons, on Bambridge's Bill.

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

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

To which the House agreed.

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

Ordered, That the Managers of the last Conference be the Managers of this Conference.

Message from H. C. to return the Bricks and Tiles Bill.

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

To return the Bill, intituled, "An Act to explain and amend an Act, made in the Twelfth Year of His late Majesty's Reign, intituled, An Act to prevent Abuses in the making of Bricks and Tiles, and to ascertain the Dimensions thereof; and to prevent all unlawful Combinations amongst any Brickmakers or Tilemakers within Fifteen Miles of the City of London, in order to advance or enhance the Price of Bricks or Tiles;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Jullian and Panchand's Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John Jullian and Isaac Panchaud."

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. Masham and Mr. Allen:

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

Conference about Bambridge's Bill:

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

The Managers Names were read.

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

Which being ended, the House was resumed.

And the Lord Privy Seal reported, "That they had met the Managers for the Commons, at the Conference; who had delivered to the Managers for the Lords a Paper to the Effect following; (videlicet,)

"Your Lordships having, at a Conference, desired the Assistance of the Commons, in laying more fully before your Lordships the State of the Matters of Fact upon which the Bill, intituled, "An Act to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Flect, or to have or exercise any Authority relating thereto," was grounded;

"The Commons have commanded us to lay before your Lordships:

"An authentic Copy of the Enrolment of the Patent for the Office of Warden of The Fleet Prison, granted to Sir Jeremy Whitchcot, Anno 19o Caroli 2di, produced by the said Thomas Bambridge.

"The Patent of the said Office, granted to the said Thomas Bambridge and Dougall Cuthbert Esquires, Anno 2do Georgii 2di Regis.

The Articles of Agreement between the said Thomas Bambridge and Dougall Cuthbert, relating to the said Office, dated the 30th Day of September 1728, owned by the said Thomas Bambridge.

"The Commons have also commanded us to acquaint your Lordships, that the said Bill was also grounded upon Evidence given by

"John Huggins Esquire,
John Bouch,
John Pope,
Thomas Houghton,
Elijah Beavis,
Ambross Burgess,
John Crawford,
Robert Bygrave,
Dougall Cuthbert Esquire,
Richard Bishop,
John Innis,
John Cotton,
John Mackphcadris,
Francis Harbin,
Fitznorris Wood,
David Sinclan:

"Which, in the Opinion of the Commons, did make out the Allegations in the said Bill."

His Lordship also delivered in, at the Table, the authentic Copy of the Enrolment of the Patent granted to Sir Jeremy Whitchcot, the Patent granted to Thomas Bambridge and Dougall Cuthbert Esquires, and the Articles of Agreement mentioned in the said Paper.

Bambridge's Petition, for Counsel and Solicitors:

A Petition of Thomas Bambridge, Prisoner in Newgate, was presented to the House, and read; setting forth, That he hath used his utmost Diligence to prepare himself for his Defence against the Bill to disable him to hold the Office of Warden of The Fleet; and, in order thereto, hath applied for Copies out of the Books of his own Office; but his Officers decline to let him have such Copies; and hath likewife desired the Assistance of several Solicitors, but hath not been able to prevail upon any of them to come to him;" and praying, "That the Time for his Defence may be enlarged for a few Days; and that he may have an Order for Copies of such Parts of the Books of his Office as he shall think necessary, in order thereto; and that Mr. Fazakerly and Mr. Strange may be appointed to be of Counsel for the Petitioner, and Mr. Jabez Collier and Mr. Francis Peters his Solicitors, or whom else this House shall please to approve of:"

It is Ordered, That the Petitioner may have free Access to the Books mentioned in the said Petition, and Liberty to take such Copies out of the same as he shall think fit; and that the said Mr. Fazakerly and Mr. Strange be assigned for his Counsel, as desired; and the said Francis Peters his Solicitor.

Witnesses to attend:

Ordered, That the several Persons mentioned in the Paper delivered by the Commons at the Conference do attend, or (if Prisoners) be brought to this House, on Friday Morning next.

Bambridge to be brought.

Ordered, That the Keeper of the Prison of Newgate do bring Thomas Bambridge to this House on Friday Morning next.

Counsel to be heard for Bambridge's Bill: Attorney General to have Notice.

Ordered, That Counsel be allowed to be heard, for the Bill to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet, or to have or exercise any Authority relating thereto; and that His Majesty's Attorney General have forthwith Notice of this Order, and of the Names of the several Witnesses summoned for the said Bill.

Blake & al. versus Blake & Ux.:

Upon reading the Petition of Richard Blake Esquire and Elizabeth his Wife, Respondents to the Appeal of Robert Blake Esquire and others; praying, "In regard the Petitioners apprehend the said Cause cannot come on in Course this Session, that a sooner Day may be appointed, for hearing thereof:"

Hearing brought forward.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, To-morrow Sevennight.

Taking Oaths, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for indemnifying Persons who have omitted to qualify themselves for Offices or Employments within the Time limited by Law, and for allowing further Time for that Purpose; and for repealing so much of an Act of Parliament, passed in the First Year of His late Majesty King George the First, as requires Persons to qualify themselves for Offices or Employments within Three Months; and for limiting other Times for such Qualifications."

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

And the Earl of Findlater reported from the said Committee, "That they had gone through the said Bill, and made some Amendments thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Watermen's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for making more effectual several Acts passed, relating to Watermen, Wherrymen, and Lightermen, rowing on the River Thames; and for better ordering and governing such Watermen, Wherrymen, and Lightermen."

Martine's Appeals from the Delegates in Scotland put off.

The Order of the Day being read, for taking into further Consideration the Appeals of William Martine of Harwood Esquire; complaining of Decrees of the Court of Delegates in Scotland:

It is Ordered, That the said Appeals be taken into further Consideration on Tuesday Sevennight.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, primum diem Maii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.

Hitherto examined by us,

Bridgewater.

Portland.

Litchfield.

Abingdon.

Oxford & Mortimer.

N. St. David's.

Romney.