House of Lords Journal Volume 23: March 1731

March 1730

DIE Martis, 2^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Gray versus His Majesty's Advocate & al.

The joint and several Answer of His Majesty's Advocate, the Earl of Hume, and the Creditors of George Hume of Whitfield, to the Appeal of poor Joseph Gray, was brought in.

D. Chandos, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of James Duke of Chandos, and Henry Bridges Esquire, commonly called Marquis or Carnarvon, his only Son and Heir Apparent, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting several Manors, Lands, and Hereditaments, therein mentioned, in James Duke of Chandos and his Heirs, in Pursuance of certain Articles of Agreement made on the Marriage of his Son Henry Bridges Esquire, commonly called Marquis of Carnarvon."

Green & al. discharged for a Breach of Privilege against Lord Bathurst, and Freeman attached.

Edward Green Junior, Gentleman, Henry Mason and Thomas Kingston Bailiffs, and Richard Hall, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege against the Lord Bathurst, were (according to Order) brought to the Bar, by the said Serjeant; where they, on their Knees, having received a Reprimand from the Lord Chancellor for their Offences, were discharged out of Custody, paying their Fees.

After which, Oath being made at the Bar, "That Robert Freeman directed the said Green to make Distresses on several of the said Lord Bathurst's Tenants, within the Time of Privilege of Parliament, for Arrears of a Rent Charge due, as it is pretended, to Mr. Rowland Fleetwood, and charged on some of his Lordship's Lands:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House do forthwith attach the Body of the said Robert Freeman, and bring him in safe Custody to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant on that Behalf.

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

Mrs. Robinson's Petition for a Bill to enforce the Payment of Alimony, referred to Committee.

A Petition of Elizabeth the Wife of George Robinson, late of Bochym, in the County of Cornwal, Esquire, Daughter of Charles Chambers Gentleman, was presented to the House, and read; complaining of great Cruelty and Barbarity, wherewith the Petitioner has been used by her said Husband, without the least Provocation; and praying, "That Leave may be given to bring in a Bill, for enforcing the Payment of Two Hundred Pounds per Annum, Alimony, allowed her by a Sentence of Separation obtained in the Ecclesiastical Court, or such other Relief as to the House shall seem meet, her said Husband being departed out of the Realm."

The Lords following were appointed a Committee, to take the said Petition into Consideration; and to report what they shall think proper thereupon to the House; (videlicet,)

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

Ordered, That the Judges do attend the said Committee.

Taylot and Shelton's Petition referred to Judges.

Upon reading the Petition of Thomas Taylor Esquire and Arabella his Wife, and Maurice Shelton Esquire; praying Leave to bring in a Bill, to vest several Messuages, Lands, and Hereditaments, in the County of Suffolk, settled by the Petitioner Thomas Taylor; and Park Farm, in the said County, settled by the Petitioner Maurice Shelton, in Trustees, to be sold; and to settle other Lands in Lieu thereof, of as good Value, to the same Uses as the said Premises are respectively settled:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Price and Mr. Baron Comyns; with the usual Directions, according to the Standing Orders.

D. Grafton's Petition referred to Judges.

Upon reading the Petition of Charles Duke of Grafton; praying Leave to bring in a Bill, to enable the Petitioner to sell certain Messuages, Lands, and Hereditaments, in the County of Surrey, free and discharged from a Term of One Thousand Years, and the Trusts thereof; and to settle other Manors, Lands, and Hereditaments, in the County of Suffolk, in Lieu thereof, as, together with other Lands and Hereditaments subjected by the Petitioner's Marriage Settlement to the raising of Portions and Maintenance for his Younger Children or Daughters by his late Wife, will be of sufficient Value and Fund for that Purpose:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Price and Mr. Baron Comyns; with the usual Directions, according to the Standing Orders.

Sandys Petition referred to Judges.

Upon reading the Petition of Alice Sandys, (Widow, Relict, and acting Executrix, of Windsor Sandys Esquire, lately deceased,) and Windsor Sandys and Myles Sandys their Two Sons; praying Leave to bring in a Bill, for Sale of so much of the Estate of the said Windsor Sandys deceased, as will be sufficient to pay off his Debts:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Price and Mr. Baron Comyns; with the usual Directions, according to the Standing Orders.

Player's Petition referred to Judges.

Upon reading the Petition of Thomas Player Esquire; praying Leave to bring in a Bill, to enable the Petitioner to sell a competent Part of a settled Estate, in the County of Somerset, to raise Money, to discharge Debts and Incumbrances:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Price and Mr. Baron Comyns; with the usual Directions, according to the Standing Orders.

Pension Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for making more effectual the Laws in being, for disabling Persons from being chosen Members of, or sitting or voting in, the House of Commons, who have any Pension during Pleasure, or for any Number of Years, or any Offices holden in Trust for them, by obliging Persons hereafter to be chosen to serve for the Commons in Parliament to take the Oath therein mentioned."

Proposed, "To commit the Bill."

After long Debate;

The Question was put, "Whether this Bill shall be committed?"

It was Resolved in the Negative.

Then, the Question was put, "Whether the said Bill shall be rejected?"

It was Resolved in the Affirmative.

Protest against rejecting it.

"Dissentient.

"1st, Because the Reasons which were entered on our Journals last Sessions, for the Commitment, and against the Rejection of this Bill, can, in our Judgement, have nothing of Weight said against 'em, as we think they want little to be added to 'em; though they seem to us to be strengthened upon this Occasion, lest our Second Refusal to concur with the House of Commons in what solely regards their own Members, and without any Arguments offered to 'em in a Parliamentary Way for that Refusal, should be looked upon by 'em as an unkind, if not unprecedented Treatment; and should, in the Opinion of many distinterested Lovers of our ancient Frame of Government, too justly create in 'em a Resentment, that might interrupt the Harmony between the Two Houses, which is necessary for carrying on the most important Affairs of the Nation.

"2dly, Because the Commons seemed to think the Bill is wanted, and we are persuaded it is earnestly desired by the People; and so wisely contrived, by a solemn and strict Oath of Purgation, to guard against secret Corruption in that Place, where, if ever it should be prevalent, its Consequences would be most pernicious and extensive, that, we fear, we should be exposed to some uncharitable Suspicions, if we did not, in this most authentic Manner the Constitution of Parliament will allow, from a becoming Zeal to hinder the Infection of so mischievous an Evil from spreading among others, give an undeniable Proof that we are untainted with it ourselves.

"3dly, Because a Member of Parliament, who is not ashamed to accept a Gratuity for any Service which he is ashamed publicly to avow, must be conscious to himself, as we fear, that he is guilty of an immoral Action; and therefore we conceived ourselves obliged, not only in Policy, but in Conscience, to yield our Assent to a Bill, that, as far as we could apprehend, upon the most mature and serious Reflection, contained a proper Expedient, in this limited Monarchy, to preserve both the Innocence and Independency of elected Legislators; and that we had reasonable Hopes would, in a great Measure, have prevented the Danger of an infamous Breach of a Trust, of the highest Nature, reposed in every single Member of the Lower House, for the Benefit of the whole Community; which we think a Crime that ought to be dreaded by us, as good Patriots; and that we are bound to abhor, as sincere Christians.

"4thly, Because we cannot but with Grief of Heart lament the Loss of that Opportunity, which, by enacting this Bill into a Law, we assure ourselves, His Majesty would have embraced with particular Satisfaction, of demonstrating to all His Subjects, that He is uncapable of suffering an improper Use to be made, by any of His Servants, of that large Revenue, which a Parliament, liberal beyond any Example of His Predecessors, so chearfully gave Him; or of entertaining Himself the least Thought to the Prejudice of the Liberties or Properties of His People, by any unjustifiable Influence on their Representatives.

"Berkshire.
Strafford.
Litchfield.
Bruce.
Northampton.
Cadogan.
Thanet.
Bristol.
Plimouth.
Bedford.
Coventry.
Warrington.
Foley.
Bridgewater.
Aylesford.
Abingdon.
Gainsborough.
Oxford & Mortimer.
Gower.
Boyle.
Maynard.
Ancaster, G. C.
Abergavenny.
Bathurst.
Willoughby de Broke."

Fishe's Petition referred to Judges.

Upon reading the Petition of Hatcher Fish Esquire; praying Leave to bring in a Bill, to vest the Petitioner's Mother's Fifth Part, as well what is not, as what is, included in a certain Fine, levied in the Sixth Year of His late Majesty's Reign, in Trustees, for Sale of such Part thereof as is in Possession, for the Payment of Nine Hundred Pounds to the Petitioner's Sister Catherine; and the Overplus, if any, after all Incumbrances cleared, to the Petitioner:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Price and Mr. Baron Comyns; with the usual Directions, according to the Standing Orders.

Adjourn.

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

DIE Jovis, 4^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Frederick versus Borret.

The Answer of John Borret Esquire, to the Appeal of Thomas Frederick Esquire:

Byrne versus Morley.

Also, the Answer of Elizabeth Morley and others, to the Appeal of Gerald Byrne Gentleman;

Were brought in.

D. Chandos's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting several Manors, Lands, and Hereditaments, therein mentioned, in James Duke of Chandos and his Heirs, in Pursuance of certain Articles of Agreement, made on the Marriage of his Son Henry Bridges Esquire, commonly called Marquis of Carnarvon."

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

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

Exemplifying Lord Herbert's Will, Bill.

The Lord Delawarr presented to the House, (pursuant to the Order of the Twenty-fourth of February last) a Bill, intituled, "An Act for exemplifying the Will of Henry late Lord Herbert; and for making the same Evidence in all Courts of Law and Equity, in Great Britain and Ireland."

And the same was read the First Time.

Nuneaton and Attleborough Common Fields to enclose, Bill.

The Lord Delawarr also presented to the House (pursuant to the Order of the Nineteenth of February last) a Bill, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Manor of Nuneaton and Attleborough, in the County of Warwick."

And the same was read the First Time.

Alston, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Joseph Alston Esquire and his Son was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Sale of the Estate late of Mary Clayton deceased, in the County of Bucks (entailed by her Will), for Payment of her Debts and Legacies charged thereon; and for laying out the Overplus of the Monies arising by such Sale in the Purchase of other Lands, to be settled to the same Uses."

Hamilton's Petition concerning Isaac's Appeal.

A Petition of James Campbell Hamilton Esquire and Anne his Wife, was presented to the House, and read; praying, "That, at the Hearing of the Cause wherein John Isaac is Appellant, and Joseph Williamson and others are Respondents (when the Deed of Settlement will be ready to be produced, pursuant to the Order of this House), the Right the Petitioners have to the Premises in Question may not be prejudiced by any Decree between these Parties, but saved in such Manner as their Lordships shall think fit."

And thereupon some Proceedings out of the Journal, in the Cause of the Earls of Bath and Mountague, had upon a Petition of one Thomas Pride Esquire, being read:

It is Ordered, That, upon the Petitioners producing the said Settlement, no Judgement to be given by this House shall be prejudicial to any Right or Interest the Petitioners may have to the Premises in Question, upon the said Appeal.

Fergusson's Appeal put off.

Upon reading the Petition of Robert Dalrymple, Agent for Mr. William Maitland Minister at Manchline; praying, "That the hearing the Appeal of William Fergusson of Auchinblain Esquire, which stands for Wednesday next, may be put off; in regard the said Maitland, the Respondent, has received Hurt by a Fall from his Horse, and cannot be in London by that Time:"

And the Appellant's Agent being called in, and heard at the Bar:

It is Ordered, That the hearing the said Cause be adjourned to Thursday the Twenty-fifth of this Instant March.

State of the National Debt delivered.

The House being informed, "That Mr. Chocke, from the Exchequer, attended."

He was called in; and delivered, at the Bar, (pursuant to their Lordships Address to His Majesty, of the Seventeenth of February last) a State of the National Debt, provided or unprovided for by Parliament, as it stood the 31st of December 1729, and 31st of December 1730; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied.

And then he withdrew.

And the Title thereof was read, by the Clerk.

Ranby & Ux. versus Downes & al. Baynes & al. versus Downes & al.

This Day being appointed, to hear Counsel, in the Cause wherein John Ranby Esquire and Jane his Wife are Appellants, and George Downes Esquire, Robert Williamson, John Baynes Esquire, Serjeant at Law, John Milner Esquire, and Sarah Barrett Widow, are Respondents; and also in the Cause wherein the said John Baynes, John Milner, and Sarah Barrett, are Appellants, the said George Downes, and the said John Ranby and Jane his Wife, are Respondents:

Counsel were accordingly called in.

And the Counsel for the Appellants acquainted the House, "That the Parties in the said Causes were come to an Agreement; and that the same was put into Writing, and signed, either by the Parties themselves, or their Agents fully authorized for that Purpose; which they desired might be made the Order of this House."

And the Counsel for the Respondents admitting the Matter to be as abovementioned; and desiring the same:

The said written Agreement was read, at the Bar.

And being then delivered to the Clerk:

The Counsel were directed to withdraw.

And being withdrawn:

The Agreement was read, at the Table.

And, Consideration had thereof:

Judgement, by Consent.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, according to the said written Agreement, That it be referred to Mr. Burroughs, One of the Masters of the Court of Chancery, to take an Accompt of what is due to the Respondent Downes, for the Principal Sum of One Hundred and Fifty Pounds, and the Interest thereof, from the Twenty-first of January 1683, according to the Deed of that Date, and to tax him his Costs in the Cause in Chancery wherein he was Plaintiff, and the said Serjeant Baynes and others were Defendants; and that the Appellants, the Executors of Dacre Barrett, do, within Three Months after the Master's Report, pay to the Respondent Downes what shall be so reported due, at such Time and Place as the Master shall appoint; and thereupon the Respondent Downes is to assign over his Mortgage, at the Charge of the said Executors, to them, or to such Persons as they shall appoint; but in Default thereof, both the said Appeals are to stand dismissed, and the Decree therein complained of affirmed: And it is hereby further Ordered, That the Appellants, the said Executors, shall, within a Week, pay to the Respondent Downes Sixty Pounds, for the Costs of these Appeals: And it is also Ordered, That the Matters hereby directed shall be without Prejudice to any Question between them, touching the Right to the mortgaged Premisses.

Colonel Eriskin & al. peremporily to answer Blackwood's Appeal.

The House was informed, "That Colonel John Eriskin and others, Respondents to the Appeal of Robert Blackwood Esquire, who, by Order of the Twenty-ninth of January last, were required to put in their Answers to the said Appeal on or before the Twenty-sixth of February following, have neglected so to do, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by William Harrower Writer in Edinburgh, of the said Service, being read:

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

Gray versus His Majesty's Advocate & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein poor Joseph Gray is Appellant, and His Majesty's Advocate, in Behalf of the Public, the Earl of Hume, and the Creditors of George Hume late of Whitfield, are Respondents:"

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

Adjourn.

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

DIE Veneris, 5^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marquis of Lothian's Election, Certificate delivered.

This Day the Deputy Clerk of the Crown in Chancery delivered a Certificate of the Name of the Peer of Scotland, who, by virtue of His Majesty's Proclamation, is chosen to sit and vote in this House, in the room of the Earl of Deloraine, deceased; which is as follows:

May it please your Lordships,

"We do hereby certify, that, by Virtue of His Majesty's Proclamation of the Thirty-first of December One Thousand Seven Hundred and Thirty, a Certificate, under the Hands and Seals of William Hall and Thomas Gibsone Esquires, Clerks of the Session attending the Election aftermentioned, in virtue of the Lord Register's Commission to them granted, has been delivered into the Crown-office in Chancery; whereby it appears, that William Marquis of Lothian was unanimously elected and chosen to sit and vote in the House of Peers, in this present Parliament, in the Room of Henry Earl of Deloraine, deceased.

Given under our Hands, this Fifth Day of March, One Thousand Seven Hundred and Thirty.

Stephen Bisse and Thomas Bray,
Cl. Coron.

Claridge to take the Name of Turner, Bill:

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

With a Bill, intituled, "An Act for enabling Richard Claridge Gentleman, and his Issue, to take and use the Surname of Turner;" to which they desire the Concurrence of this House.

De Salis's Nat. Bill:

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

With a Bill, intituled, "An Act to naturalize Hieronimus de Salis Esquire;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

Alston or Clayton's Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Sale of the Estate late of Mary Clayton, deceased, in the County of Bucks (entailed by her Will), for Payment of her Debts and Legacies charged thereon; and for laying out the Overplus of the Monies arising by such Sale in the Purchase of other Lands, to be settled to the same Uses."

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

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

Nuneaton Common Fields to enclose, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Manor of Nuneaton and Attleborough, in the County of Warwick."

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 Monday Sevennight, at the same Place; and to adjourn as they please.

Exemplifying late Ld. Herbert's Will, Bill:

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

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

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

Catwick Lands to enclose, Bill:

Ordered, That the Committee to whom the Bill relating to the making Enclosures of the Open Corn Fields, in the Lordship of Catwick, in the County of York, stands committed, be revived; and meet on Tuesday next.

Shafto's Bill:

The Lord Bathurst reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Shafto Esquire to make a suitable Settlement upon any Woman he shall marry, and Provision for Younger Children," was committed: "That they had considered the said Bill; that the Parties concerned had given their Consents; and that the Committee had gone through the same, and directed him to report the Bill to the House, without any Amendment."

Ordered, That the Bill be engrossed.

Isaac versus Williamson & al. Executors of Meredith:

After hearing Counsel, upon the revived Petition and Appeal of John Isaac Esquire, Son and Heir, and also Executor, of Simon Isaac Esquire, deceased; complaining of a Decree of the Court of Exchequer in Ireland, made the Seventh of December 1726, and an Order of the Seventeenth of February following, for over-ruling the Appellant's Father's Exceptions; also an Order of the Twenty-third of June 1727, for allowing a Demurrer; as likwise an Order of the Twenty-eighth of the same June, for an Attachment against the said Appellant's late Father, in a Cause wherein Jane Meredith and Henry Earl of Mount Alexander were Plaintiffs, and the said Simon Isaac was Defendant; and praying, "That the same may be reversed; and the Order of the Eighteenth of May 1726, for dismissing the Plaintiffs Bill with Costs, may be affirmed:" As also upon the Answer of Joseph Williamson and Jane his Wife, Charles Norris Clerk and Elizabeth his Wife, Executors and Devisees of the said Jane Meredith, lately deceased, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree reversed, with Duections.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree, and all the Proceedings and Orders thereon, complained of in the said Appeal, be, and the same are hereby, reversed: And forasmuch as it appears that Application was made, in the Life-time of Sir Hans Hamilton, to have the Life of John Meredith added to the Lease, it is further Ordered and Adjudged, That, on the Respondents paying to the Appellant the Sum of Twelve Pounds, as a Fine, together with Interest for the same from the Twelfth of February 1717, being the Day whereon the Fine ought to have been paid according to the said Lease, and upon Payment also of all Arrears of Rent due for the Premisses, the said Appellant do execute a Renewal of the Lease to the Respondents, for the Life of the said John Meredith, instead of Hugh Earl of Mount Alexander, deceased, adding the same to the Life now in Being; and the Court of Exchequer in Ireland are to see that this Deed of Renewal be made, and this Order and Judgement performed: But, the said Sir Hans Hamilton being now dead, it is hereby further Ordered, That, in such Deed of Renewal, there be no Covenant or Obligation upon the Appellant to add any other Life for the future; but he is hereby declared to be discharged therefrom.

Adjourn

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

DIE Lunæ, 8^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fitz Gerald versus Fitz Gerald:

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Edward FitzGerald Esquire is Appellant, and Thomas Fitz-Gerald Gentleman Respondent; the Time for the said Respondent's answering peremptorily being lapsed:"

Hearing appointed ex parte.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed; and ex Parte, if the Respondent does not put in his Answer in the mean Time.

Claridge to take the Name of Turner, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling Richard Claridge Gentleman, and his Issue, to take and use the Surname of Turner."

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

Their Lordships, or any Five of them; to meet on 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.

De Salis Nat. Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize Hieronimus de Salis Esquire."

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

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

Shafto's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Shafto Esquire to make a suitable Settlement upon any Woman he shall marry, and Provision for Younger Children."

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. Allen:

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

Byrne versus Morley et al.:

After hearing Counsel, upon the Petition and Appeal of Gerald Byrne Gentleman; complaining of an Order of the Court of Exchequer in Ireland, for discharging the Enrolment of a Decree of that Court; and an Order on re-hearing, the Fourteenth of February 1725, made in a Cause wherein the Appellant, by Bill of Revivor, was Plaintiff, and Jane Morley, Michael Waldron, and Jeffrey Luther, Executors of George Morley, deceased, were Defendants; and praying, "That the same, so far as they are inconsistent with a Decree of the said Court, of the Second of June 1725, may be reversed; and that the said Decree may be affirmed:" As also upon the Answer of Elizabeth Morley, the surviving Executrix of Henry Morley, the said Jane Morley, Jeffrey Luther, and Michael Waldron, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Orders asseirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Orders therein complained of be, and the same are hereby, affirmed.

Westby et al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Robert Westby Esquire and others was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for selling Part of the Estate of Robert Westby Esquire, in the County of Lancaster, for raising Money, to discharge several Debts and Incumbrances of his Father and Brother; and for other Purposes therein mentioned."

Committees adjourned.

The House being moved, "To adjourn till Friday next:"

It is Ordered, That the Committees, appointed to meet before, be adjourned to that Time.

Adjourn.

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

DIE Veneris, 12^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Frederick versus Frederick.

The Answer of Dame Mary Frederick, also the Answer of John Frederick and Charles Frederick, to the Appeal of Thomas Frederick Esquire:

Blackwood versus Colonel Eriskin et al.

As also, the joint and several Answer of Colonel John Eriskin, David Earl of Buchan, and others, to the Appeal of Robert Blackwood of Pitreavie Esquire;

Were brought in.

D. Hamilton & Brandon versus Brown & al.

Upon reading the Petition and Appeal of James Duke of Hamilton and Brandon; complaining of Two Interlocutors of the Lords of Session in Scotland, of the Tenth and Seventeenth of February last, made in a Cause wherein William Atton of Walslie, and about Forty other Persons, Heretors or Proprietors of Lands within the Parish of Avendale, in the Shire of Lanark, were Plaintiffs, and the Appellant was Defendant; and praying, "That the same may be reversed:"

It is Ordered, That Christian Brown, William Aiton, Andrew Hamilton, Alexander Smith, Alexander Lerper, John Stewart, Mungo Cochran, John Hamilton, John Stetl, John Cochran, Helen Gilmore and James Stuart her Husband, Thomas Craig, Katharine Gilmore and Thomas Gilmore her Husband, Mungo Cocbran, Gavin Semple, John Stewart, Thomas Jacksone, James Currie, John Broun, Janet Steill and Thomas Semple her Husband, Martha Steill, Helen Gilmore and James Grainges her Husband, William Dykes, John Fram, Agnes Gilmore and Hew Stewart her Husband, Barbara Gilmore and John Riddell her Husband, Katharine Gilmore, Gideon Jack, Katharine Hamilton and Robert Grainger her Husband, John Watsone, James Willock, Hew Cochran, John Alstone, William Marshell, Alexander Steill, William Alisone, William Hepburn, James Peacock, James Morisone, Janet Alston, Andrew Fleming, James Martine, Mr. John Steill, Thomas White, James Young, and William Dykes, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Ninth Day of April next; and that Service of this Order upon the Plaintiffs Agent in the Court of Session in Scotland be deemed good Service.

McCulloch versus McCulloch and Veitch.

Upon reading the Petition and Appeal of Edward McCulloch of Ardwall; complaining of an Interlocutory of the Lord Ordinary, the Fifteenth of December last; and of that Part of an Interlocutory of the Lords of Session in Scotland, of the Fourteenth of January last, adhering thereto; and likewise of an Interlocutory of the Lord Ordinary's, the Twenty-fifth of February; and that Part of the Interlocutory of the said Lords, the Twenty-seventh of February last, adhering thereto, made on the Behalf of Ebenezer McCullocb and Elizabeth Veitch; and praying, "That the same may be reversed:"

It is Ordered, That the said Ebenezer M^cCulloch and Elizabeth Veitch may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Ninth Day of April next; and that Service of this Order upon the Respondents Agents in the Court of Session in Scotland be deemed good Service.

Mrs Robinson, Leave for a Bill of Seperation.

The Lord Delawarr reported from the Lords Committees appointed to consider of the Petition of Elizabeth the Wife of George Robinson Esquire; complaining of great Cruelty and Barbarity from her Husband; and praying Leave to bring in a Bill, for ensorcing the Payment of Two Hundred Pounds per Annum Alimony, allowed her by a Sentence in the Ecclesiastical Court: That the Committee have considered the said Petition, and examined Persons upon Oath, as to the Allegations thereof, with respect to the Cruelty complained of; and as to the said Robinson's Departure out of the Kingdom, and continuing to abscond: And the same having been proved to the Satisfaction of the Committee, their Lordships are of Opinion, that Leave be given to bring in a Bill, for a Separation between the Petitioner and her said Husband, and for allowing a reasonable Maintenance to her out of his Estate."

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

Ordered, That Leave be given to bring in a Bill accordingly.

Claridge to take the Name of Turner, Bill:

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling Richard Claridge Gentleman, and his Issue, to take and use the Surname of Turner," was committed: That they had considered the said Bill, and examined the Allegations thereof; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Exemplifying late Ld. Herbert's Will, Bill:

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for exemplifying the Will of Henry late Lord Herbert; and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland," was committed: "That they had considered the said Bill, and examined the Allegations thereof; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the Bill be engrossed.

Bambridge, Writings to be restored.

Upon reading the Petition of Thomas Bambridge, late Warden of the Prison of The Fleet; praying, "That the Patent for that Office, and other Papers or Writings, which were brought before this House when the Act passed to incapacitate the Petitioner from enjoying the said Office, may be restored to him:"

It is Ordered, That the said Patent and Papers be delivered to the Petitioner, as desired.

Enclosing Slaughter Common Fields, Bill.

The Lord Delawarr presented to the House, pursuant to the Order of the Twenty-third of February last, a Bill, intituled, "An Act for enclosing, dividing, and exchanging, the Common Fields and Common Grounds, in the Parishes of Lower Slaughter and Upper Slaughter, in the County of Gloucester."

And the same was read the First Time.

Sir Richard Mill et al. for a Day of Hearing.

Upon reading the Petition of Sir Richard Mill Baronet, and others, Respondents to the Appeal of Samuel Pargiter Fuller, an Infant, by Thomas Pargiter Gentleman, his Guardian, and of Edmund Pargiter; praying, In regard the Petitioners are advised that the said Appeal is brought merely for Delay, that a short Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Sixth Day of April next, at Eleven a Clock.

Campbell versus Aikenhead.

The House was informed, "That the Parties in the Cause wherein Elizabeth Campbell Widow is Appellant, and John Aikenhead Respondent, were upon Terms of Agreement; and therefore desired the hearing the same might be put off from Wednesday next to a further Day."

Whereupon the Agents on both Sides were called in.

And expressing their Desires to the Effect abovementioned:

And being withdrawn:

It is Ordered, That the said Hearing be put off to Tuesday the Thirteenth Day of April next.

Cole required to deliver in Caroll's Papers.

Upon reading the Petition of Baruaby Carroll Esquire; setting forth, "That one David Cole procured himself to be employed, by the Petitioner's Attorney, to compare the Copies of the Papers in the Cause in Ireland, for which the said Cole agreed to accept of Ten Guineas; and though the same has been paid to him, yet he now demands Ten Guineas more, and resuses to lodge the said Papers;" and praying, "That the said Cole may be required forthwith to lodge the said Copies, that the Petitioner may thereby be enabled to bring his Appeal to a Hearing on the Day appointed."

And thereupon the Petitioner and the said Cole were called in, and heard at the Bar.

And being withdrawn:

It is Ordered, That the said David Cole do immediately deliver in the said Copies.

Accordingly he was called in again; and delivered the said Copies at the Bar; and attested upon Oath, The same were true, he having examined them with the Originals in the proper Offices in Ireland; and that the same were all the Papers he so examined."

And then he was directed again to withdraw.

Shirleys' Petition against E. Ferrers Privilege, referred to committee of Privileges.

Upon reading the Petition of Robert, George, Sewallis, and John Shirley, Esquires, Sons of Robert late Earl Ferrers, by Sclina Countess Dowager Ferrers his Wife; praying, "In regard Henry now Earl Ferrers declared in the Court of Chancery he would waive his Privilege; that he may not be allowed to resume it; but that the Petitioners may be at Liberty to proceed to hear the Cause depending in that Court between the Petitioners and his Lordship; and that such further Order may be made by this House for their Relief, as to their Lordships shall seem meet:"

And thereupon the said Earl, being present, acquainted the House, "That he only waived his Privilege for trying the Validity of a Deed then in Question in the Cause."

It is Ordered, That the said Petition be, and is hereby, referred to the Consideration of the Lords Committees for Privileges, to report their Opinion thereupon to the House; and that the said Committee do meet on Tuesday next.

Minchin versus Edwards.

After hearing Counsel, upon the Petition and Appeal of John Minchin Esquire; complaining of a Decree of the Court of Exchequer in Ireland, made the Sixteenth of November 1724, and of several subsequent Orders, the Twenty-seventh of January 1726, the Third and Twentieth of February and Sixth of December 1727, and Twentieth of November 1729, in certain Causes, wherein the Appellant was Plaintiff, and Francis Edwards Esquire, and The Sword Blade Company, and others, were Defendants, et è contra; which Causes were, upon the Death of the said Francis Edwards, revived by the said Appellant and Mary Edwards, the Daughter and Heir and sole Executrix of the said Francis Edwards; and praying, "That the said Decree and Orders may be varied or reversed:" As also upon the Answer of the said Mary Edwards Spinster put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree and Orders assirmed, with 200 l. Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree, and the said se veral subsequent Orders therein complained of, be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondent, the Sum of Two Hundred Pounds, for her Costs in respect of the said Appeal.

Westby's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for selling Part of the Estate of Robert Westby Esquire, in the County of Lancaster, for raising Money, to discharge several Debts and Incumbrances of his Father and Brother; and for other Purposes therein mentioned."

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

Their Lordships, or any Five of them; to meet on Saturday the Twenty-seventh Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Aistable, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of John Aislabie Esquire was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making and rendering effectual an Exchange of the Estates therein mentioned, in the County of York, between Lancelot Archbishop of York and John Aislabie Esquire.

Adjourn.

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

DIE Lunæ, 15^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Rouquier versusBoltons.

Upon reading the Petition and Appeal of Moses Rouquier Merchant; complaining of a Decretal Order of the Court of Exchequer in Ireland, of the Second of December last, made in a Cause wherein the Appellant was Plaintiff, and Thomas Bolton and Joseph Bolton were Defendants; and praying, "That the same may be reversed, and such other Order therein made for the Appellant's Relief, as the Nature of his Case requires, and as to this House shall seem meet:"

And it appearing, that the said Decretal Order was not made up and signed by the Chief Remembrancer of the said Court till the Twenty-seventh of February last:

It is Ordered, That the said Thomas Bolton and Joseph Bolton may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Nineteenth Day of April next; and that Service of this Order on the said Respondents Attorney or Attornies in the said Court of Exchequer in Ireland be deemed good Service.

Colonel Erskine versus Blackwood, Cross Appeal.

Upon reading the Petition and Cross Appeal of Colonel John Erskine, David Earl of Buchan, Mr. Charles Erskine Advocate, and Major William Erskine; complaining of several Interlocutory Sentences of the Court of Session in Scotland of the Twenty-seventh of January 1702/3, the Fourteenth of January, the Eleventh and Sixteenth of February 1703/4, the Eighteenth and Twentyfourth of July 1706, the Twelfth of February 1707/8, the Twenty-first of July 1708, and Eighth of February 1708/9, made on the Behalf of Robert Blackwood of Pitreavie Esquire; and praying, "That the same may be reversed:"

It is Ordered, That the said Robert Blackwood may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Twelfth Day of April next.

E. Ferrers to be heard by Counsel, before Committee for Privileges.

Upon reading the Petition of Henry Earl Ferrers; praying to be heard, by Counsel, before the Lords Committees for Privileges to whom the Petition of the Sons of Robert late Earl Ferrers by Selina Countess Dowager Ferrers stands referred; hoping to discover some Title to the Premises in Question in Chancery:

It is Ordered, That the said Petition be referred to the Consideration of the said Committee; and that the Petitioner may be heard before their Lordships, by Counsel, if he thinks fit; and that Notice be forthwith given to the other Petitioners, that they may be at Liberty also to be heard, by Counsel, at the same Time.

Carroll versus Viccars:

The House was informed, "That Richard Brereton attended, in order to deliver in several Pleadings and Proceedings, in the Cause wherein Barnaby Carroll Esquire is Appellant, and Richard Viccars Gentleman Respondent."

Pleadings proved.

And thereupon he was called in; and delivered, at the Bar, the said Pleadings and Proceedings; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Carre versus Halden.

After hearing Counsel, upon the Petition and Appeal of John Carre of Cavers Esquire; complaining of an Interlocutory Sentence, or Decree, of the Lord Ordinary, the Tenth of November 1714, and the several Interlocutors of the Lords of Session in Affirmance thereof, the Twenty-third of November and the Seventh and Sixteenth of December following, made on the Behalf of Mr. John Halden of Lanerk; and praying, "That the same may be reversed:" As also upon the Answer of the said John Halden 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 said Interlocutory Sentence, or Decree, made by the said Lord Ordinary, and the several Interlocutors of the said Lords of Session in Affirmance thereof, be, and the same are hereby, affirmed.

His Majesty's Consent signified to the Bill, to enclose Nuneaton Commons.

The Lord Harrington (by His Majesty's Command) acquainted the House, "That His Majesty had been apprized of the Contents of the Bill for enclosing and dividing the Common Fields and Common Grounds, in the Manors of Nuneaton and Attleborough, in the County of Warwick; and that His Majesty, having a Right to the Presentation of the Vicarage of Nuneaton aforesaid, was graciously pleased to consent to the passing of the said Bill, if the House should think proper."

Bill reported.

Then the Lord Bingley reported from the Lords Committees to whom the said Bill was committed: "That they had examined the Allegations thereof; and that the Committee had gone through the same, and made several Amendments thereunto."

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

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

Pitt versus Clavering.

A Petition of Dame Jane Clavering Widow, was presented to the House, and read; praying, "That the hearing the Appeal of George Pitt Esquire, to which the Petitioner is Respondent, may be put off to Tuesday the Twenty-seventh of April next, or to such other Day as their Lordships shall direct; One of the Petitioner's Counsel being gone the Circuit."

And thereupon the Agents on both Sides being called in; and the Appellant's Agent consenting to the putting off the said Hearing:

They were directed to withdraw.

And being withdrawn:

It is Ordered, That the hearing the said Cause be put off to the Day beforementioned, as desired.

Aislabie's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making and rendering effectual an Exchange of the Estates therein mentioned, in the County of York, between Lancelot Archbishop of York and John Aislabie Esquire."

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

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

Adjourn.

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

DIE Martis, 16^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

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

Col Erskine & al. versus Blackwood.

The Answer of Robert Blackwood Esquire, to the Cross Appeal of Colonel John Erskine and others, was brought in.

Marq. Lothian takes the Oaths.

William Marquis of Lothian took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Halsey & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Anne Halsey Widow and others was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming an Agreement for exchanging of Lands, made between Edmund Halsey Esquire, deceased, and the Patron and Vicar of Stoke Poges, in the County of Bucks."

King's Consent signified to Bill for enclosing Lands in Catwick:

The Duke of Newcastle (by His Majesty's Command) acquainted the House, "That His Majesty having been apprized of the Contents of the Bill for making Divisions, Enclosures, and Allotments, of the Open Corn Fields and Pastures in the Lordship of Catwick, in the County of York; and for settling and establishing the Payment of a Yearly Sum to the Rector of Catwick aforesaid, and his Successors, in Lieu of Tithes, pursuant to Agreement between the present Rector and Proprietors of the said Lands; His Majesty was graciously pleased to consent to the passing of the said Bill, if the House should think proper."

Bill reported.

Then the Earl of Warrington reported from the Lords Committees to whom the said Bill was committed: "That they had considered thereof; that the other Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made several Amendments thereunto."

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

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

Mrs. Robinson, Separation from her Husband, Bill.

The Lord Delawarr (pursuant to the Order of Friday last) presented to the House a Bill, intituled, "An Act for a Separation between George Robinson Esquire and Elizabeth his Wife, for Cruelty by him committed; and for allowing her a reasonable Maintenance out of his Estate."

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time on Thursday next come Sevennight; and the Lords to be summoned; and that Counsel may be heard, at the said Second Reading, as well for as against the Bill, if the Parties think fit.

Bowry, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Lucy Bowry Widow, in Behalf of herself and Son, was referred; praying Leave to bring in a Bill, for the Purposes therein meationed:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Estate of Lucy Bowry Widow and John Bowry her Son, situate in the Parishes of Edmonton and Tottenham, in the County of Middl'x, for the Sale thereof, to discharge the several Incumbrances thereupon; and for other Purposes therein mentioned."

Nuneaton Commons, to enclose, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Manors of Nuneaton and Attleborough, in the County of Warwick."

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. Lightboun:

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

Exemplisying late L. Herbert's Will, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for exemplifying the Will of Henry late Lord Herbert, and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Enclosing Slaughter Common Fields, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing, dividing, and exchanging, the Common Fields and Common Grounds, in the Parishes of Lower Slaughter and Upper Slaughter, in the County of Gloucester."

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

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

De Salis's Nat. Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Hieronimus de Salis Esquire," 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."

Claridge to take the Name of Turner, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling Richard Claridge Gentleman, and his Issue, to take and use the Surname of Turner."

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. Lightboun:

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

Blackwood versus Col. Erskin & al.;

The House being moved, at the Request of the Parties on either Side, "That Thursday the Twenty-ninth of April next may be appointed, for hearing the Causes wherein Robert Blackwood Esquire is Appellant, and Colonel John Eriskin and others are Respondents; & è contra:"

Hearing appointed.

It is Ordered, That this House will hear the said Causes, by Counsel, at the Bar, on Thursday the said Twenty-ninth Day of April next, as desired.

Sir W. Barker versus Damer & al.: Sir W. Barker versus Visc. Ikerin & al.:

The House being informed, "That Richard Brereton attended, and desired to deliver in several Papers and Proceedings, in the Causes wherein Sir William Barker Baronet is Appellant, and John and Joseph Damer and Nathaniel Evans are Respondents; and wherein the said Sir William Barker is Appellant, and the Lord Viscount Ikerrin and Phannel Cook are Respondents:"

Pleadings proved.

Whereupon he was called in; and delivered, at the Bar, the said Papers and Proceedings; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Ofsices in Ireland."

And then he withdrew.

Carroll versus Viccais: Papers proved.

Also, upon the like Information, Cornelius Delany was called in; and delivered, at the Bar, the Copy of the Decree, and an Order, made in the Cause wherein Barnaby Carroll Esquire is Appellant, and Richard Viccars Gentleman Respondent; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Office in Ireland."

And then he withdrew.

Adjourn.

Dominus Raymond declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 17^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

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

E. Ferrers's Privilege, Report concerning.

The Lord Delawarr reported from the Lords Committees for Privileges, to whom was referred the Petition of Robert, George, Sewallis, and John Shirley, Esquires, Sons of Robert late Earl Ferrers by Selina Countess Dowager Ferrers, his Wife; alledging, "That Henry now Earl Ferrers declared, in she Court of Chancery, That he would waive his Privilege;" and praying, "That he may not be allowed to resume it; but that the Petitioners may be at Liberty to proceed to hear the Cause, depending in that Court, between the Petitioners and his Lordship:" And to whom was also referred the Petition of the present Earl, insisting on his Privilege, in regard he waived it only for a particular Purpose: "That the Committee have considered the said Petitions, and heard Counsel thereupon; and likewise considered the Order of the Court of Chancery, made the Twenty-ninth of October last; and inspected several Precedents in relation to Matters of Privilege; and are of Opinion, That the Declaration of the said Henry Earl Ferrers, in the said Court, the said Twenty-ninth of October, does not extend farther than to a Waiver of his Lordship's Privilege with relation to the proceeding to a Trial at the Bar of the Court of King's Bench, touching the Validity of the Deed then in Question in the said Court of Chancery."

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

Order in relation to the warving of Privilege:

Ordered, That no Declaration made by any Lord of this House, of a Waiver of his Privilege, shall be construed to be a Waiver of Privilege, unless it be in Writing, signed by himself; or unless such Declaration be made in Person, openly, in this House.

Motion to make it a Standing Order.

Then it being moved, "That the same be made a Standing Order:"

Ordered, That this House will, on Monday next, take the said Motion into Consideration; and the Lords to be summoned.

Sir H. Hoskyns, for Deeds to be produced before the Judges on his Petition for a Bill.

A Petition of Sir Hungerford Hoskyns Baronet, was presented to the House, and read; praying, "That Francis Dayrell Esquire and Hutton Perkins Gentleman may be required forthwith to attend the Judges to whom was referred the Petitioner's Petition for Leave to bring in a Bill, for Sale of Estates, to raise Portions and pay Debts, with certain Mortgage Deeds particularly mentioned, in the Custody or Power of the said Dayrell, that the Petitioner may be enabled to make out the Allegations of his Bill:"

It is Ordered, That the said Petition do lie on the Table; and that the said Dayrell and Perkins do attend this House on Friday next, to shew Cause why they do not attend the Judges, and produce the said Mortgage Deeds.

Halsey's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming an Agreement, for exchanging of Lands, made between Edmund Halsey Esquire, deceased, and the Patron and Vicar of Stoke Poges, in the County of Bucks."

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

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

Bowry's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Estate of Lucy Bowry Widow and John Bowry her Son, situate in the Parishes of Edmonton and Tottenham, in the County of Middlesex, for the Sale thereof, to discharge the several Incumbrances thereupon; and for other Purposes therein mentioned."

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

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

De Salis's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize Hierommus de Salis Esquire."

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. Lightboun:

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

Adjourn.

Dominus Raymond declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum octavum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 18^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Arundell and E. Litchfield, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Frances Arundell Spinster and George Henry Earl of Litchfield was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Frances Arundell and George Henry Earl of Litchfield (Guardian of Mary Arundell, an Infant), during the Minority of the said Mary Arundell, to grant and fill up Leases of the Estates of the said Frances and Mary Arundell, in the Counties of Cornwal and Dorset.

Tong and Weket versus Robinson & al.: Judges to attend.

Ordered, That the Judges in Town do attend this House, at the hearing the Cause wherein Edward Tong and William Wekett Clerks are Appellants, and Ralph Robinson Esquire and others are Respondents.

March. of Blandford's Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Catharina Godolphin, Wife of the Honourable William Godolphin Esquire, commonly called Marquis of Blandford;" to which they desire the Concurrence of this House.

De la Fontaine's Nat. Bill.

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

With a Bill, intituled, "An Act to naturalize Mary Anne de la Fontaine, Wife of Charles de la Fontaine, of London, Merchant;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

D. Argyll and Greenwich against the Creditors of A. Campbell.

Upon reading the Petition and Appeal of John Duke of Argyll and Greenwich; complaining of several Interlocutors of the Lords of Session in Scotland, of the Thirteenth of February 1729/30, the Twenty-fifth of June and Twenty-fourth of February last, made on the Behalf of the Creditors of Archibald Campbell; and praying, "That the same may be reversed:"

It is Ordered, That John Earl of Breadalban, John Campbell Younger of Kintraes, William Campbell of Succoth, Campbell and her Husband, and Campbell, the Creditors of the said Archibald Campbell, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the Fifteenth Day of April next; and that Service of this Order on the Attornies or Procurators of the said Respondents, before the Court of Session in Scotland, be deemed good Service.

Browns peremptorily to answer Murphy's revived Appeal.

The House was informed, "That William Brown and Hugh Brown, who, by Order of the Twenty-ninth of January last, were required to put in their Answer to the revived Appeal of Samuel Murphy on or before the Fifth Instant, have neglected so to do, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by Henry Daunt, of the due Service of the said Order, being read:

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

Frederick, Leave to amend his Appeal.

Upon reading the Petition of Thomas Frederick Esquire, the Eldest Grandson of Thomas Frederick Esquire, deceased; praying Liberty to amend his Appeal, by complaining of Two Reports of the Master, and certain Orders of the Court of Chancery, subsequent to the Decree by the said Appeal complained of, but not requiring any further Answer:

And thereupon the Agents on both Sides were called in, and heard in relation thereunto.

And being withdrawn:

It is Ordered, That the Petitioner's Agent do forthwith amend the said Appeal, as desired; he amending the Respondent's Copies.

Mutiny Bill.

A Message was brought from the House of Commons, by Sir William Strickland Secretary at War and others:

With a Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

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

Adjourn.

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

DIE Veneris, 19^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

March. of Blandford's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled "An Act for naturalizing Catharina Godolphin, Wife of the Honourable William Godolphin Esquire, commonly called Marquis of Blandford."

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

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

Mrs. De la Fontaine's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize Mary Anne de la Fontaine, Wife of Charles de la Fontaine, of London, Merchant."

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

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

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

Address for Articles of War and List of Promotion of Officers.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to cause the proper Officer to lay before this House the Articles of War intended to be established for the Year ensuing: And also, That His Majesty will be pleased to cause to be laid before the House a List of the Promotion of the Officers in the Army since the Twenty-fifth of March last, distinguishing such of the said Officers as were in His Majesty's Service, or in Half-pay, before the said Twenty-fifth of March."

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

Motion for a Bye-day to hear Mr. Frederick's Appeal.

The Order, made the Twenty-third of February last, for Mr. Collier to procure an Answer of the Duke and Dutchess of Atholl to be put in to the Appeal of Thomas Frederick Esquire within Three Weeks, being read:

And the House being moved, "To appoint Thursday the Eighth Day of April next, for hearing this Cause:"

Whereupon an Agent for the Appellant was called in, and heard in relation thereunto.

And being withdrawn:

It is Ordered, That the Motion, for appointing a Day to hear the said Cause, be taken into further Consideration on Monday next.

Dayrell and Perkins to attend the Judges, on Sir H. Hoskyns's Petition.

The Order of Wednesday last, for the Attendance of Francis Dayrell and Hutton Perkins, to shew Cause why they do not attend the Judges to whom the Petition of Sir Hungerford Hoskyns Baronet for a Private Bill stands referred, being read:

The said Dayrell and Perkins were called in, and heard concerning the Matter contained in the said Sir Hungerford's Petition.

And being withdrawn:

It is Ordered, That they both attend the Judges, according to the Desire of the said Petition.

Borthwick versus Borthwick:

After hearing Counsel, upon the Petition and Appeal of Lillias Borthwick, only Daughter of John Borthwick of Hartside, deceased; complaining of an Interlocutor of the Lords of Session in Scotland, of the Eleventh of February 1729/30; and also of another Interlocutor of the Lord Ordinary, made the Twenty-first of the same Month, on the Behalf of Mr. John Borthwick of Cruickston, Advocate, and praying, "That the same may be reversed; and the Appellant relieved in such Manner as to this House shall seem meet:" As also upon the Answer of the said John Borthwick put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Interlocutors reversed, with a Declaration relating to the Deed of Entail.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors complained of in the said Appeal be, and the same are hereby, reversed: And it is hereby Declared, That the Deed of Entail, made by Mr. John Borthwick, the Twenty-third of May 1685, did not disable the Heir of Entail from granting the Bond of Provision, in the Pleadings mentioned, to the Appellant; and that she is therefore entitled to the Sum of Three Hundred Eighty-eight Pounds Seventeen Shillings Sterling, with Interest from the First Term of Whitsuntide or Martinmas, after the Death of her Father: And it is hereby further Ordered, That the said Sum, with the Interest thereof, be paid to the Appellant accordingly.

Cheshire Roads, to repair, Bill.

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

With a Bill, intituled, "An Act for repairing the Roads leading from the most Southern Part of ButtLane, in the Parish of Lawton, in the County Palatine of Chester, to Lawton; and from thence to Henshal's Smithy, upon Cranage Green, in the said County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sir W. Barket versus Visc. Ikerrin:

The House being informed, "That Mr. Shee attended, and desired to deliver in several Papers and Proceedings, in the Cause wherein Sir William Barker Baronet is Appellant, and Viscount Ikerrin and Phannel Cook are Respondents."

Papers proved.

Accordingly he was called in; and delivered in, at the Bar, the said Papers and Proceedings; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Heron to enter into Recognizance for Neilson, &c.

The House being moved, "That Patrick Heron Esquire may be permitted to enter into a Recognizance for John Neilson and James Laurick, on account of their Appeal; they residing in Scotland:"

It is Ordered, That the said Patrick Heron may enter into a Recognizance for the said Appellants, as desired.

Adjourn.

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

DIE Lunæ, 22^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Frederick versus D. and Dutch. of Atholl.

The joint and several Answer of James Duke of Atholl and Jane Dutchess of Atholl, to the Appeal of Thomas Frederick Esquire:

Sir W. Barker versus Visc. Ikerrin.

As likewise, the several Answer of Somerset Hamilton Lord Viscount Ikerrin in the Kingdom of Ireland, by his Mother and Guardian, to the Appeal of Sir William Barker Baronet;

Were brought in.

D. Chandos's Bill.

The Lord President reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting several Manors, Lands, and Hereditaments, therein mentioned, in James Duke of Chandos and his Heirs, in Pursuance of certain Articles of Agreement made on the Marriage of his Son Henry Bridges Esquire, commonly called Marquis of Carnarvon," was committed: "That they had considered the said Bill, and found the Allegations thereof 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.

King's Answer to Address in relation to Articles of War, &c.

The Lord Bingley acquainted the House, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House on Friday last; and that His Majesty was graciously pleased to say, He would give Order to the proper Officer, that the Articles of War, and List of the Promotion of Officers, should be laid before this House accordingly."

March. of Blandford's Nat. Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Catharina Godolphin, Wife of the Honourable William Godolphin Esquire, commonly called Marquis of Blandford," 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."

Mrs. De la Fontaine's Nat. Bill.

The Lord Viscount Falmouth reported from the same Lords Committees to whom the Bill, intituled, "An Act to naturalize Mary Anne de la Fontaine, Wife of Charles de la Fontaine of London Merchant," 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."

Clayton's Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for the Sale of the Estate late of Mary Clayton, deceased, in the County of Bucks (entailed by her Will), for Payment of her Debts and Legacies charged thereon; and for laying out the Overplus of the Monies arising by such Sale in the Purchase of other Lands, to be settled to the same Uses," was committed: That they had considered the said Bill, and examined the Allegations thereof; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made several Amendments thereunto."

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

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

Cheshire Roads, to repair, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Roads leading from the most Southern Part of Butt-Lane, in the Parish of Lawton, in the County Palatine of Chester, to Lawton; and from thence to Henshal's Smithy, upon Cranage Green, in the said County."

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

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

Articles of War, &c. delivered.

The House was informed, "That Mr. Arnold, from the Office of Secretary at War, attended:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Address to His Majesty on Friday last,

"Rules and Articles for the better Government of His Majesty's Horse and Foot Guards, and all other His Majesty's Land Forces, in Great Britain and Ireland, and Dominions beyond the Seas."

Also, "A List of the Promotion of the Officers in the Army, since the 25th of March 1730."

And then he withdrew.

And the Titles thereof were read, by the Clerk.

Standen, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Eleanor Standen Widow and Richard Nevill Aldworth Gentleman, an Infant, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Estates of Edward Standen Esquire, deceased, at Arborfield, and elsewhere, for discharging the Debts of the said Edward Standen; and other Purposes therein mentioned."

Bishops Tachbrooke Commons, to enclose, Bill.

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

With a Bill, intituled, "An Act for enclosing the Common Fields and Unenclosed Lands lying within the Manor and Parish of Bishops Tachbrooke, in the County of Warwick;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Campbell versus Arkenhead.

The House being moved, at the Request of the Agents on both Sides, "To put off the hearing the Cause wherein Elizabeth Campbell Widow is Appellant, and John Aikenhead Respondent, from Tuesday the Thirteenth to Thursday the Fifteenth Day of April next:"

It is Ordered, That the said Hearing be put off to Thursday the Fifteenth Day of April next, as desired.

Catwick Fields, to enclose, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making Divisions, Enclosures, and Allotments, of the Open Corn Fields and Pastures, in the Lordship of Catwick, in the County of York; and for settling and establishing the Payment of a Yearly Sum to the Rector of Catwick aforesaid, and his Successors, in Lieu of Tithes, pursuant to Agreement between the present Rector and Proprietors of the said Lands."

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. Thomas Bennet and Mr. Burroughs:

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

Causes put off.

Whereas this Day was appointed, for hearing the Cause wherein Archibald Cutlar Esquire is Appellant, and Alexander Maxwells and others are Respondents:

It is Ordered, That the hearing the said Cause be adjourned till Friday next; and that the Causes on Cause-days be removed, to come on afterwards in Course.

Order in relation to the waiving of Privilege, a Standing Order.

The House (according to Order) proceeded to take into Consideration the Motion on Wednesday last, for making the Order in relation to the waiving of Privilege a Standing Order.

And the same being read:

It is Ordered, That it be a Standing Order of this House, and entered on the Roll.

Frederick's Appeal:

The House (according to Order) proceeded to take into Consideration the Motion made on Friday last, for appointing a Bye-day, for hearing the Cause wherein Thomas Frederick Esquire is Appellant, and Sir John Frederick Baronet and others are Respondents:

Hearing appointed on a Bye-day.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Fourth Day of May next.

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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 Bill, and directed him to report the same to the House, without any Amendment."

Arundell's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Frances Arundell and George Henry Earl of Litchfield (Guardian of Mary Arundell an Infant), during the Minority of the said Mary Arundell, to grant and fill up Leases of the Estates of the said Frances and Mary Arundell, in the Counties of Cornwal and Dorset."

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

Their Lordships, or any Five of them; to meet on Tuesday the Sixth Day of April next, at Ten a Clock in the Forenoon, in the same Place; and to adjourn as they please.

Dillon to enter into a Recognizance for Rouquier.

The House being moved, "That Thomas Dillon, of London, Merchant, may be permitted to enter into a Recognizance for Moses Rouquier, on account of his Appeal depending in this House; he being in Ireland:"

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

Adjourn.

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

DIE Martis, 23^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cheshire Reads to repair, Bill.

The Earl of Warrington reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Roads leading from the most Southern Part of Butt Lane, in the Parish of Lawton, in the County Palatine of Chester, to Lawton; and from thence to Henshal's Smithy, upon Cranage Green, in the said County," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

D. Chandos's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting several Manors, Lands, and Hereditaments, therein mentioned, in James Duke of Chandos and his Heirs, in Pursuance of certain Articles of Agreement made on the Marriage of his Son Henry Bridges Esquire, commonly called Marquis of Carnarvon."

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. Thomas Bennet and Mr. Burroughs:

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

Marchioness of Blandford's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Catharina Godolphin, Wife of the Honourable William Godolphin Esquire, commonly called, Marquis of Blandford."

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. Thomas Bennet and Mr. Burroughs:

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

Mrs. De la Fontaine, Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize Mary anne De la Fontaine, Wife of Charles de la Fontaine."

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. Thomas Bennet and Mr. Burroughs:

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

Clayton's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Sale of the Estate late of Mary Clayton deceased, in the County of Bucks (entailed by her Will), for Payment of her Debts and Legacies charged thereon; and for laying out the Overplus of the Monies arising by such Sale in the Purchase of other Lands, to be settled to the same Uses."

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. Thomas Bennet and Mr. Burroughs:

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

Standen's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Edward Standen Esquire, deceased, at Arborfield, and elsewhere, for discharging the Debts of the said Edward Standen; and for other Purposes therein mentioned."

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

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

Bishops Tachbrooke commons, to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing the Common Fields and Unenclosed Lands, lying within the Manor and Parish of Bishops Tachbrooke, in the County of Warwick."

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

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

Mutiny Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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, Mr. Thomas Bennet and Mr. Burroughs:

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

Message from thence, with a Bill.

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

With a Bill, intituled, "An Act for naturalizing Isaac Lacam and Peter Korten;" to which they desire the Concurrence of this House.

Tong and Wekett versus Robinson & al.

After hearing Counsel, upon the Petition and Appeal of Edward Tong and William Wekett, Clerks, from a Decree of the Court of Chancery, of the Sixth of November last, made in a Cause wherein Ralph Robinson Esquire, Edward Harle Gentleman, and others, Creditors of John Tong Clerk, deceased, were Plaintiffs, and the Appellants and others were Defendants; and praying, " That so much thereof as is by the said Appeal complained of may be reversed; and that the Appellants may have such other Relief as to the House shall seem meet: "As also upon the Answer of the said Ralph Robinson, Edward Harle, and William Watson, Mathias Peirson, Bridget Forcer Widow, Basil Forcer Esquire, Elizabeth Forcer Spinster, Mary Forcer Spinster, Robert Laybourne, Abraham Stout and Elizabeth his Wife, John Tinkler, Ralph Richardson, Peter Richardson, John James William Hutchinson, John Wright, John Hopper, Thomas Davison, Ann Place Spinster, William Yeilder, John Waghorn, John Denton, William Wharton Esquire, John Lodge, John Buston, Jonathan Hall Doctor in Divinity, Elizabeth Harbottle Widow, Thomas Rickaby and Grace his Wife, Anthony Tilly, Mary Morland Spinster, Timothy Wraugham, Anthony Smith and Elianor his Wife, and Francis Nicholls Esquire, put in to the said Appeal; and hearing the Opinion of the Judges present, in relation to a Matter to them proposed; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed, with an Addition.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of in the said Appeal be, and is hereby, affirmed, with this Addition; that in that Part of the said Decree which refers it to the Master, to inquire into the real Assets, either in Law or Equity, of John Tonge, the Appellant Edward's Brother; and that, in taking of that Accompt, the Advowson of Brancepeth be considered as real Assets, there be added, immediately after the said last-mentioned Words, "and that the Appellants have, on such Accompt, all just Allowances."

Lacam and Korten Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Isaac Lacam and Peter Korten."

Adjourn.

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

DIE Mercurii, 24^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Cheshire Roads to repair, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Roads leading from the most Southern Part of Butt Lane, in the Parish of Lawton, in the County Palatine of Chester, to Lawton, and from thence to Henshal's Smithy, upon Cranage Green, in the said County."

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. Thomas Bennet and Mr. Burroughs:

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

Bishops Tachbrooke Commons, to enclose, Bill:

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing the Common Fields and Unenclosed Lands lying within the Manor and Parish of Bishops Tachbrooke, in the County of Warwick," was committed: That they had considered the said Bill, and examined the Allegations thereof; and that the Committee had gone through the 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. Thomas Bennet and Mr. Burroughs:

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

Fuller to amend Appeal.

Upon reading the Petition of Samuel Pargiter Fuller, an Infant, by Thomas Pargiter Gentleman, his Guardian, and Edmund Pargiter; praying, "Liberty to amend their Appeal, by making Lawrence Alcock, who is only a Trustee, a Party thereunto; and that he may be required forthwith to answer the said Appeal; or, in Default thereof, the same may be heard ex Parte, as to him:"

It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, as desired; and that the said Alcock do forthwith put in his Answer thereunto; but not to put off the Hearing as now stands appointed.

Putt, Leave for a Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of Reymundo Putt and his Wife and Children, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Reymundo Putt Esquire to make and fill up Leases of the Estate late of Sir Thomas Putt Baronet, deceased, in the Counties of Devon, Dorset, and Somerset."

Biscathorp Lands to enclose, Bill.

The Lord Monson presented to the House, pursuant to the Order of the Twenty-seventh of February last, a Bill, intituled, "An Act for exchanging the Parsonage-house and Glebe Lands in Biscathorpe, in the County of Lincoln, for other Lands belonging to the Lord of the Manor; and for giving a Recompence to the Rector, in Lieu of his Tithes, to enable the Lord of the Manor to enclose the Common Fields."

The said Bill was read the First Time.

Player, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Thomas Player Esquire was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for selling Part of the Estate of Thomas Player Esquire, for discharging the Debts, Legacies, and Incumbrances, therein mentioned."

Dumoustier, Magens, and Combetes, Petition to be added to Nat. Bill.

A Petition of John Isaac Dumoustier, William Magens, and Anthony Combetes, was presented to the House, and read; praying, "That their Names may be inserted in the Bill, intituled, "An Act for naturalizing Isaac Lacam and Peter Korten."

It is Ordered, That the said Petition do lie on the Table, till the said Bill be read a Second Time.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

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

Who being come, with their Speaker; His Majesty was pleased to give the Royal Assent to the several following Bills:

Bills passed.

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

"2. An Act for repairing the Roads leading from the most Southern Part of Butt Lane, in the Parish of Lawton, in the County Palatine of Chester, to Lawton; and from thence to Henshal's Smithy, upon Cranage Green, in the said County."

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

"Le Roy le veult."

"3. An Act for enclosing the Common Fields and Unenclosed Lands, lying within the Manor and Parish of Bishops Tachbrooke, in the County of Warwick."

"4. An Act for enabling Richard Claridge Gentleman, and his Issue, to take and use the Surname of Turner."

"5. An Act to naturalize Hieronimus De Salis Esquire."

"6. An Act for naturalizing Catherina Godolphin, Wife of the Honourable William Godolphin Esquire, commonly called Marquis of Blandford."

"7. An Act to naturalize Mary Anne de la Fontaine, Wife of Charles de la Fontaine, of London, Merchant."

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

"Soit fait comme il est desire."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Adjourn.

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

Hitherto examined by us,

Bridgewater.
Shaftesbury.
Abingdon.
Falmouth.

DIE Jovis, 25^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir Robert Baily to exhibit a Petition for a Bill to exemplify Bagenall's Will.

Upon reading the Petition of Sir Robert Baily Baronet and Robert Needham Esquire; praying, "In regard the Petitioners are but lately arrived in this Kingdom, that they may be permitted to exhibit a Petition to this House, for Leave to bring in a Bill, to exemplify the Will of Nicholas Bagenall Esquire; and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland, and Dominion of Wales:"

It is Ordered, That Leave be given to exhibit a Petition, as desired.

Petition read and Leave for a Bill.

Then a Petition of the said Sir Robert Baily and Robert Needham, was presented to the House, and read; praying Leave to bring in a Bill, for the Purposes abovementioned.

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

Putt's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Reymundo Putt Esquire to make and fill up Leases of the Estate late of Sir Thomas Putt Baronet, deceased, in the Counties of Devon, Dorset, and Somerset."

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

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

Persons to be naturalized, sworn.

John Isaac Dumoustier, William Magens, and Anthony Combetes, took the Oaths of Allegiance and Supremacy, in order to their Naturalization.

Lacam and Korten, Nat. Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Isaac Lacam and Peter Korten."

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

Petition referred to Committee.

Ordered, That the Petition of John Isaac Dumoustier and others, which was Yesterday ordered to lie on the Table till the Second Reading of the said Bill, be referred to the said Committee.

Player's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for selling Part of the Estate of Thomas Player Esquire, for discharging the Debts, Legacies, and Incumbrances, therein mentioned."

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

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

Biscathorp Lands to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for exchanging the Parsonage-house and Glebe Lands in Biscathorpe, in the County of Lincoln, for other Lands belonging to the Lord of the Manor; and for giving a Recompence to the Rector, in Lieu of his Tithes, to enable the Lord of the Manor to enclose the Common Fields."

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

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

Queney borough Common, to enclose, Bill.

The Earl of Strafford presented to the House, pursuant to the Order of the Twenty-seventh of February last, a Bill, intituled, "An Act for appointing Commissioners, to make a Division of certain Common Field Lands and Wastes, within the Manor and Township of Queneyborough, in the County of Leicester, among the Proprietors, in order to enclose the same."

The said Bill was read the First Time.

De Rons versus Van Neck.

The House being moved, "That a Day may be appointed, for hearing the Gause wherein John Martin De Ron and John De Ron are Appellants, and Gerard Van Neck Merchant is Respondent:"

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

Heron to enter into a Recognizance for M^cCulloch.

The House being moved, "That Patrick Heron Esquire may be permitted to enter into a Recognizance for Edward Mc Culloch, on account of his Appeal depending in this House; he residing in Scotland:"

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

Mrs. Robinson's Separation Bill.

The Order of the Day, for the Second Reading of the Bill, intituled, "An Act for a Separation between George Robinson Esquire and Elizabeth his Wife, for Cruelty by him committed; and for allowing her a reasonable Maintenance out of his Estate;" and for hearing Counsel, as well for as against the said Bill, at the said Second Reading; being read:

Inquiry was made, "Whether any Counsel were attending;" and Information given, "That no Counsel were come; but that there were Witnesses attending."

Ferguson versus Maitland: Causes put off.

Ordered, That the Cause wherein William Fergusson Esquire is Appellant, and Mr. William Maitland Respondent, appointed to be heard this Day, be adjourned till To-morrow; and the Cause appointed for To-morrow be put off to Monday next; and the other Causes on Cause-days be removed, to come on in Course.

Mrs. Robinson's Separation Bill:

The Order of the Day being again read; as likewise the Proceedings in the Journal, in the Year 1700, upon the Bill for separating the Countess of Anglesey from the Earl of Anglesey, for his Cruelty:

A Person employed by Mrs. Robinson's Father, Mr. Chambers, to give Notice of the Order for reading the Bill a Second Time this Day, was called in, and sworn; and acquainted the House, "That he had made Service of the said Order on the Proctor employed by the said Robinson, and such other Persons as were concerned either with or for him, on account of the Proceedings in the Ecclesiastical Court, or otherwise."

And being withdrawn:

Judges to prepare a Bill, for making Process effectual.

It was proposed, "That a Bill be brought in, for giving Relief in Cases where Persons absent themselves, and cannot be served with Process."

Mrs. Robinson's Separation Bill.

Ordered, That the Bill last mentioned be read a 2^d Time on this Day Fortnight; and that the Judges do forthwith prepare, and lay before this House, Heads for a Bill, for making Process in Courts of Equity effectual against Persons who absent themselves, and cannot be served.

Adjourn.

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

DIE Veneris, 26^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ferguson versus Maitland.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of William Fergusson of Auchinblain Esquire, whereunto Mr. William Maitland is Respondent.

And the Counsel for the Appellant proceeding; the Respondent's Counsel objected, "That there were not proper Parties to the said Appeal."

Whereupon the Counsel on both Sides were heard thereunto.

And then they were directed to withdraw,

And the following Order was made:

Leave to amend Appeal, upon Payment of 20 l. Costs.

"Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, upon Payment of Twenty Pounds by the Appellant to the Respondent, for the Costs of this Day, he be at Liberty to amend his said Appeal, by adding proper Parties, as he shall be advised."

Westby's Bill, Committee adjourned.

Ordered, That the Committee appointed to meet To-morrow, on the Bill, intituled, "An Act for selling Part of the Estate of Robert Westby Esquire, in the County of Lancaster, for raising Money, to discharge several Debts and Incumbrances of his Father and Brother; and for other Purposes therein mentioned," be adjourned till Monday Morning next.

Adjourn.

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

DIE Lunæ, 29^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

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

Neilson versus Murray.

The several and joint Answer of John Murray and others, to the Appeal of John Neilson and James Laurick, was brought in.

The House was informed, "That some Persons attended, in order to deliver in Papers and Pleadings, in the following Causes:"

And thereupon they were called in.

Carroll versus Viccars:

And Mr. Shee delivered, at the Bar, a Copy of the Decree made in the Cause wherein Barnaby Carroll Esquire is Appellant, and Richard Viccars Gentleman Respondent; and attested, upon Oath, "The same was a true Copy, he having examined it with the Original."

Magennis versus Magennis, Papersproved.

Then Mr. Ambrose O Neil delivered also, at the Bar, Copies of several Pleadings and Proceedings, in the Cause wherein Arthur Magenis Esquire is Appellant, and Anne Magenis and others are Respondents; and attested, in like Manner, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then they were directed to withdraw.

Sir Hungerford Hoskyns, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Sir Hungerford Hoskyns Baronet and Mary Lady Hoskyns his Wife was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Estates of Sir Hungerford Hoskyns Baronet in Trustees, to be sold, for the raising and paying his Brothers and Sisters Portions, now remaining a Charge upon his Estate, together with the Debts and Incumbrances of his Father Sir John Hoskyns, affecting the same."

Neilson versus Murray & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Neilson and James Laurick are Appellants, and John Murray and others are Respondents:"

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

Executors of Alcock made Respondents to Pargiter Fuller's Appeal.

Upon reading the Petition of Samuel Pargiter Fuller, an Infant, by Thomas Pargiter Gentleman his Guardian, and Edmund Pargiter; praying Liberty to amend their Appeal, by making the Executors of Laurence Alcock (who is lately dead, and was only a Trustee) Respondents to the Petitioner's Appeal; and that they may be required forthwith to answer; or, in Default thereof, that the Cause may be heard ex Parte, as to the said Executors:

It is Ordered, That the Petitioners have hereby Liberty to amend their said Appeal, as desired; and that the said Executors do forthwith put in their Answer thereunto; but not to put off the Hearing as now stands appointed.

Bagenall's Will to exemplify, Bill.

The Lord Boyle, pursuant to the Order on Thursday last, presented to the House a Bill, intituled, "An Act for exemplifying the Will of Nicholas Bagenall Esquire, and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland, and Dominion of Wales."

Cutlar versus Maxwell & al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Archibald Cutlar of Orraland Esquire is Appellant, and Alexander Maxwell of Newlaw and others are Respondents.

And the Appellant's Counsel having been heard accordingly:

They were all directed to withdraw.

And being withdrawn:

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

Adjourn.

Dominus Raymond declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, tricesimum diem instantis Martii, hora undecima Auroræ, Dominus sic decernentibus.

DIE Martis, 30^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Murphy versus Brown.

The Answer of William Brown and Hugh Brown, to the revived Petition and Appeal in the Name of Samuel Murphy, alledged to be Son and Heir of Samuel Murphy, late of Cork, in the Kingdom of Ireland, deceased, was brought in.

Cutlar versus Maxwell & al.

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of Archibald Cutlar of Orraland Esquire; complaining of several Interlocutors of the Lords of Session in Scotland, of the Ninth of February 1727/8, the Fourth of February 1728/9, and Twenty-eighth of January 1729/30, made on the Behalf of Alexander Maxwell of Newlaw, Alexander Maxwell of Balmangan, Lucy Maxwell, John Johnston Airdge, Jean Maxwell and John Maxwell her Husband, Mary Maxwell and James Kennen her Husband, Grierson and Thomas Moir her Husband, James Maxwell, William Maxwell, and Andrew Ewart; and praying, "That the same may be reversed:" As also upon the Answers of the said Alexander Maxwell and the other Parties abovementioned put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors reversed, &c.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors complained of in the said Appeal be, and the same are hereby, reversed; and that the Interlocutory Sentence of the said Lords of Session, pronounced the Eighth of July 1727, and the Interlocutors of the same Lords, of the Twenty-eighth of November and Twentyninth of December following, adhering to the said former Interlocutory Sentence, be, and are hereby, revived and affirmed.

Aislabie's Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for making and rendering effectual an Exchange of the Estates therein mentioned, in the County of York, between Lancelot Archbishop of York and John Aislabie Esquire," was committed: "That they had considered the said Bill, and found the Allegations thereof 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."

Ordered, That the said Bill be engrossed.

Devereux versus Phelan.

Upon reading the Petition and Appeal of Robert Devereux Esquire; complaining of a Decree of the Court of Exchequer in Ireland, of the Thirteenth of May 1719, and several subsequent Orders of the said Court, of the Fourth of July, the Twenty-ninth of November, and the Eleventh of February, 1729; the Twentyseventh of January and Twenty-fourth of February last, made in a Cause wherein Richard Phelan was Plaintiff, and the Appellant and others were Defendants; and praying, "That the said Decree and Orders, and subsequent Proceedings, may be reversed, and the Appellant relieved in the Premises, as this House shall think fit:"

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

Earl of Suffolk versus Spring and Couch.

Upon reading the Petition and Appeal of Edward Earl of Suffolk; complaining of an Order, or Decree of Dismission, of the Court of Chancery, made the First of February last, in a Cause wherein the Appellant was Plaintiff, and Mary Sprig and Richard Couch were Defendants; and praying, "That the same may be reversed; and that the Appellant's Second Bond, given the Seventh of August 1727, may be delivered up to be canceled, and such further Relief as this House shall think fit:"

It is Ordered, That the said Mary Sprig and Richard Couch may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Thirteenth Day of April next.

Sir Hungerford Hoskyns's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Estates of Sir Hungerford Hoskyns Baronet in Trustees, to be sold, for the raising and paying his Brothers and Sisters Portions, now remaining a Charge upon his Estate, together with the Debts and Incumbrances of his Father Sir John Hoskyns, affecting the same."

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

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

Bagenall's Will to exemplify, Bill.

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

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

Queney borough Common Fields to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for appointing Commissioners to make a Division of certain Common Fields, Lands, and Wastes, within the Manor and Township of Queneyborough, in the County of Leicester, among the Proprietors, in order to enclose the same."

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

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

Borlace & al. Petition against Queneyborough Common, Bill.

Upon reading the Petition of John Borlace, George Burton Esquire, William Frank, Thomas Bennett, Fælix Bennett, George Page, Michael Clarke, and Thomas Bennitt, Owners and Proprietors of several Parcels of Land, lying in the Open and Common Fields of Queneyborough, in the County of Leicester; praying, "That they may be heard, by their Counsel, to make such Objections, in relation to the last mentioned Bill, as they shall be advised to be material:"

It is Ordered, That the said Petition be, and is hereby, referred to the Consideration of the Lords Committees to whom the said Bill stands committed; and that the Petitioners may be heard, by their Counsel, as desired; as may Counsel also be heard for the said Bill, at the same Time.

Furnese versus Sir Cha. Peers & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Henry Furncse Esquire is Appellant, and Sir Charles Peers and Dame Lucy his Wife, and others, are Respondents:

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

Messages from H. C. with Bill:

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

With a Bill, intituled, "An Act to explain a Clause in an Act made in the Seventh Year of the Reign of Her late Majesty Queen Anne (for naturalizing Foreign Protestants), which relates to the Children of the natural-born Subjects of the Crown of England, or of Great Britain;" to which they desire the Concurrence of this House.

Amending Act for regulating Juries, Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act made in the Third Year of His Majesty's Reign, intituled, "An Act for the better Regulation of Juries," so far as the same relates to the County of Middlesex;" to which they desire the Concurrence of this House.

The last mentioned Bill was read the First Time.

Sir Wm. Barker to amend his Appeal.

Upon reading the Petition of Sir William Barker Baronet; praying Liberty to amend his Appeal, to which the Lord Viscount Ikerrin and Phannel Cook Esquire are Respondents; he amending the Respondents Copy, and not insisting on any further Answer:

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired, upon the Conditions abovementioned.

Devereux to enter into a Recognizance for his Father.

The House being moved, "That James Devereux Gentleman may be permitted to enter into a Recognizance for his Father Robert Devereux Esquire, on account of his Appeal depending in this House; he being in Ireland:"

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

Adjourn.

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

DIE Mercurii, 31^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Aislabie's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making and rendering effectual an Exchange of the Estates therein mentioned, in the County of York, between Lancelot Archbishop of York and John Aislabie Esquire."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Amending Act for regulating Juries Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend an Act, made in the Third Year of His Majesty's Reign, intituled, "An Act for the better Regulation of Juries," so far as the same relates to the County of Middlesex."

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

Enclosing Slaughter Common Fields, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing, dividing, and exchanging, the Common Fields and Common Ground, in the Parishes of Lower Slaughter and Upper Slaughter, in the County of Gloucester," was committed: "That they had considered the said Bill, and examined the Allegations thereof; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made several Amendments thereunto."

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

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

Message from thence, to return Shafto's Bill.

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

To return the Bill, intituled, "An Act to enable John Shafto Esquire to make a suitable Settlement upon any Woman he shall marry, and Provision for Younger Children;" and to acquaint this House, that they have agreed to the same, with some Amendments; whereunto they desire their Lordships Concurrence.

Then the said Amendments were read Thrice, by the Clerk, and agreed to by the House, and are as follow; (videlicet,)

"Press 7, Line 20. After ["fit"], insert ["so as not to be without Impeachment of Waste"].

"Line 39. After ["Wives"], insert ["provided such Portion or Portions, for any such Daughter or Daughters, or Younger Son or Younger Sons, do not exceed in the Whole the Sum of Ten Thousand Pounds"]."

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

To acquaint them, that the Lords have agreed to their Amendments made to the said Bill.

Gould & al. versus Oxeden & al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein John Gould Esquire and Mary his Wife, and others, are Appellants, and William Morgan, alias Okeden, and others, are Respondents.

And the Appellants Counsel being heard accordingly, and divers Proofs on their Part read:

They were all directed to withdraw.

And being withdrawn:

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

Adjourn.

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