House of Lords Journal Volume 24
February 1734, 21-28

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History of Parliament Trust

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1767-1830

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353-360

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'House of Lords Journal Volume 24: February 1734, 21-28', Journal of the House of Lords volume 24: 1732-1737 (1767-1830), pp. 353-360. URL: http://www.british-history.ac.uk/report.aspx?compid=114016 Date accessed: 26 July 2014.


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February 1734, 21-28

DIE Jovis, 21o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. Dunelm.
Epus. Oxon.
Epus. Lincoln.
Epus. Carliol.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Meneven.
Epus. Norwich.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Bedford.
Dux Rutland.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Tweeddale.
March. Lothian.
Comes Pembroke & Montgomery.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Winchilsea & Nottingham.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Harborough.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Lovelace.
Ds. Henton.
Ds. Maynard.
Ds. Bruce.
Ds. Byron.
Ds. Guilford.
Ds. Herbert.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Malton.
Ds. Lovell.

PRAYERS.

Kerr & al. against Hume & al.

The joint and several Answers of Anne Hume and others, to the Appeal of James Kerr and others, was brought in.

Malt Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Ergland; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-four; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed."

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. Thurston and Mr. Edwards:

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

Dutchess of Hamilton against Manby, &c.:

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Dutchess of Hamilton is Appellant, and Edward Manby, Thomas Vaudry and Jane his Wife (Widow and Executrix of Richard Vernon), are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 12th Day of March next.

Then the Order of this House, made the 12th of June last, upon the Report from a Committee appointed to consider of the Appeal of the said Dutchess of Hamilton, whereby Leave was given her to amend the same, but not to stay Proceedings below until Security be given by her to abide such Order as shall be made upon hearing the said Appeal, being read:

The Lords following were appointed a Committee, to consider of the said Order; and report their Opinion thereupon to the House:

Ld. President.
Ld. Privy Seal.
D. Rutland.
D. Montagu.
D. Montrose.
D. Newcastle.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Warrington.
E. Coventry.
E. Cholmondeley.
E. Marchmont.
E. Ilay.
E. Strafford.
E. Ker.
E. Fitzwalter.
E. Effingham.
V. Tadcaster.
V. Cobham.
V. Falmouth.
L. Bp. Durham.
L. B. Oxon.
L. B. Carlisle.
L. B. Chester.
L. B. Norwich.
L. B. Bristol.
Ld. Delawarr.
L. Clinton.
L. Bruce.
L. Gower.
L. Hervey.
L. Foley.
L. Bathurst.
L. Onslow.
L. Lovell.

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.

Agents on both Sides to attend the Committee.

Ordered, That the Agents on both Sides do attend the said Committee.

Stratton to enter into Recognizance for Rathborne.

The House being moved, "That David Straton of London Merchant may be permitted to enter into a Recognizance for John Rathborne Merchant, on account of his Appeal depending in this House; he residing in Ireland:"

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

Marchioness Annandale against Marquis Annandale.

A Petition of Charlotta Marchioness Dowager of Annandale and Sir James Johnston Baronet, was presented, and read; praying, "In regard the Matters in Question upon the Petitioners Appeal are under Reference, in order to an amicable Determination thereof; that the Hearing of this Cause, which now stands for Monday next, may be put off till after all the other Causes which are appointed."

And thereupon the Respondent's Agent being called in; and, at the Bar, consenting to the Desire of the Petition; and withdrawn:

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

Message from H. C. to return Buttner & al. Nat. Bill.

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

To return the Bill, intituled, "An Act to naturalize John Matthew Buttner and John Lewis Kraguelius;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on His 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; and the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands to signify to the Commons, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker;

He, after a short Introduction in relation to the Malt Bill, delivered the same to the Clerk; who brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bill ready for the Royal Assent, as follow:

Bills passed.

"1. An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-four; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed."

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

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

"2. An Act to naturalize John Matthew Buttner, John Lewis Kraguelius, and others."

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

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Representation of the Board of Trade, concerning the American Colonies, to be printed.

The Order of the Day being read, for the House to be put into a Committee, to take into Consideration the Representation laid before this House, from the Board of Trade, relating to the Trade of His Majesty's Plantations in America:

It is Ordered, That the House be put into a Committee, to take the said Representation into Consideration, on Tuesday next; and that the same be forthwith printed.

Matters relating to the Election of Scotch Peers to be considered.

Whereas Wednesday next is appointed, for the House to take into Consideration Matters relating to the Election of the Peers of that Part of Great Britain called Scotland:

It is Ordered, That this House will take the same into Consideration on this Day Sevennight; and the Lords to be summoned.

Cutting Hedges near Highways, Bill.

The other Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to explain and make more effectual the Laws in being, to oblige the Possessors of Lands adjacent to common Highways to cut and keep low such Hedges as are adjoining to the said Highways:"

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

Adjourn.

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

DIE Veneris, 22o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Carliol.
2. Epus. Litch. & Cov.
1. Epus. Hereford.
Epus. Cestriens.
Epus. Bangor.
Epus. Landav.
Epus. Norwic.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Athol.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Portland.
Dux Manchester.
March. Tweeddale.
March. Lothian.
Comes Northampton.
Comes Westmorland.
Comes Burlington.
Comes Shaftesbury.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Harborough.
Comes Pomfret.
Comes Fitzwalter.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Henton.
Ds. Craven.
Ds. Carteret.
Ds. Weston.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Malton.
Ds. Lovell.

PRAYERS.

Paschall against Throckmorton.

The Answer of Bromsal Throckmorton Esquire, to the Appeal of Elizabeth Paschall Spinster, was brought in.

Dutchess of Hamilton's Appeal: Report of Committee.

The Earl of Strafford reported from the Lords Committees appointed to consider of an Order made the 12th of June last, upon Report from a Committee appointed to consider of an Appeal of the Dutchess of Hamilton, complaining of Proceedings of the Court of Chancery; by which Order, Liberty was given Her to amend her said Appeal; but not to stay Proceedings below, till Security be given by the Appellant to abide such Order as shall be made by this House upon hearing the said Appeal: "That the Committee had met, and considered the Matter to them referred; and had heard the Agents on both Sides; and are of Opinion, That the Proceedings in the Court below in this Cause should be stayed, as is usual in case of Appeals to this House."

Which Report, being read by the Clerk, was agreed to by the House; and ordered accordingly.

E. of Burlington's Pet. referred to Judges.

Upon reading the Petition of Richard Earl of Burlington; praying Leave to bring in a Bill, to confirm several Building Leases and Contracts made by the Petitioner, of any Part of Ten Acres of Ground lying in the Parish of St. James's, Westminster; and to enable the Petitioner to grant Building Leases of so much of the said Ten Acres as now remains unlet:

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

Culliford Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Culliford Esquire and others; 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 1a vice lecta est Billa, intituled, "An Act for Sale of the Manor, Farm, and Lands, of Encombe, in the County of Dorset, Part of the Estate of John Culliford Esquire, deceased, for Payment of the Debts and Incumbrances charged upon and affecting the same."

Standing Order to prevent Disorders when the King is present.

The Earl of Strafford reported from the Lords Committees appointed to consider the Standing Order of the 19th of December 1720, for preventing Disorders in this House when His Majesty is present, "That they had met, and considered the said Standing Order; and made the following Amendments thereto; (videlicet,)

"In the 2d Line of the 2d Paragraph. After ["thereunto"], insert ["particularly to the Prince's Chamber"]."

"In the 10th Line of the same Paragraph. After ["Name"], insert ["and, on the First Day of a Session, none but such as shall apply by Name to the Lord Great Chamberlain or his Deputy, and be admitted by his Lordship's Directions."]

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

And Ordered, That the said Standing Order, as amended, be re-printed, and affixed on the Doors of this House and Westminster Hall.

Strangways Horner and others, Pet. for a Bill to sell Hopsford Manor, Pet. referred to Judges.

Upon reading the Petition of Thomas Strangways Horner Esquire and Susanna his Wife, John Bampfield Esquire, and Edward Digby Esquire; praying Leave to bring in a Bill, for Sale of an Estate in Warwikshire; and to apply the Purchase-money upon the Trusts, and for the Purposes, mentioned in the Will of Elizabeth late Dutchess of Hamilton; and to discharge and exempt the Purchaser from any Concern in the Disposition or Application thereof:

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

Murray & al. against Charteris:

The House being moved, "To appoint Thursday the 14th Day of March next, for hearing the Cause wherein Mr. Archibald Murray Advocate, and others, Trustees of John Lowis of Merchistoun's Creditors, are Appellants, and Francis Charteris Esquire is Respondent:"

Hearing appointed on a Bye-day.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the said 14th Day of March next, as desired.

Lutwidge against Gray & al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Thomas Lutwidge Merchant in Whitehaven, and Peter How Merchant there his Assignee, are Appellants, and Archibald Gray, John Buchannan, and John King, Respondents:

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

As also One Counsel for the Respondents:

They were 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 Sabbati, vicesimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 23o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Oxon.
Epus. Carliol.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Landav.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Comes Shaftesbury.
Comes Warrington.
Comes Ilay.
Comes Strafford.
Comes Harborough.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Tadcaster.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Bruce.
Ds. Craven.
Ds. Haversham.
Ds. Gower.
Ds. Foley.

PRAYERS.

Paschall against Jeay.

The Answer of Mary Jeay Widow, to the Appeal of Elizabeth Paschall, was brought in.

Lutwidge against Gray & al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Thomas Lutwidge Merchant in Whitehaven, and Peter How Merchant there, his Assignee; complaining of such Parts of an Interlocutor of the Lords of Session in Scotland, of the 12th of February 1732, whereby the said Lords found, That the Contract of a Freightment was dissolved, by the total Loss of the Ship called The Warton, of Whitehaven, in the Appeal mentioned, albeit some of the ship-wrecked Goods were saved out of the Shipwreck;" and found, "That the Freighters endorsing the Bills of Loading to the Insurers did not subject the Freighters to any Freight for the Goods recovered by the Insurers;" which Interlocutor was made on the Behalf of Archibald Gray, John Buchannan, and John King, all Merchants in Glasgow; and likewise complaining of another Interlocutor of the said Lords of Session, of the 5th of July following, affirming the said former Interlocutor; and praying, "That the same may be reversed:" As also upon the Answer of the said Archibald Gray, John Buchannan, and John King, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor, and the Affirmance thereof, complained of in the said Appeal, be, and are hereby, reversed: And it is hereby Declared, That the Respondents are liable for the full Freight of such of the Goods as were given up to the Insurers, and for the Freight pro Rata Itineris of such of the Goods as were brought to Glasgow, notwithstanding some of the Tobacco were found damnified and burnt there.

Culliford's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of the Manor, Farm, and Lands, of Encombe, in the County of Dorset, Part of the Estate of John Culliford, Esquire, deceased, for Payment of the Debts and Incumbrances charged upon and affecting the same."

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

Ld. President.
E. Shaftesbury.
E. Warrington.
E. Ilay.
E. Strafford.
E. Harborough.
E. Fitzwalter.
V. Say & Scale.
V. Tadcaster.
L. Bp. Oxon.
L. B. Carlisle.
L. B. Hereford.
L. B. Litch. & Cov.
L. B. Chester.
L. B. Landaff.
L. B. Bristol.
L. Clinton.
L. Willoughby Br.
L. Willoughby Par.
L. Bruce.
L. Craven.
L. Haversham.
L. Gower.
L. Foley.

Their Lordships, or any Five of them; to meet on Monday the 11th Day of March next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Brown & al. against Chalmers & al.

Upon reading the Petition and Appeal of Mr. David Brown, Moderator of the Synod of Aberdeen, and the other Delegates from the several Presbyteries of the said Synod, Electors of the Professor of Divinity in the Old College of Aberdeen, appointed by the Charter establishing the said Profession, for themselves, and in Name and Behalf of Mr. James Gordon, elected Professor of Divinity in the said College; complaining of Three Interlocutory Sentences, or Decrees, of the Court of Session in Scotland, of the 22d of December 1733, 24th of January following, and 14th of February Instant, made on the Behalf of Mr. George Chalmers, Principal of The Old College of Aberdeen, and Six Delegates from Three Presbyteries of the said Province of Aberdeen; and praying, "That the same may be reversed:"

It is Ordered, That the said George Chalmers and the Six Delegates from Three Presbyteries of the said Province of Aberdeen 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 Saturday the 23d Day of March next; and that Service of this Order upon the Agent or Procurator of the said Respondents in the Court below be deemed good Service.

Adjourn.

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

DIE Martis, 26o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Sarum.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Bangor.
Epus. Menev.
Epus. Norwic.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Bedford.
Dux Rutland.
Dux Athol.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Pembroke & Montgomery.
Comes Northampton.
Comes Denbigh.
Comes Westmorland.
Comes Chesterfield.
Comes Cardigan.
Comes Anglesey.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Cholmondelcy.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Oxford
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Effingham.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Henton.
Ds. Maynard.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Craven.
Ds. Carteret.
Ds. Guilford.
Ds. Weston.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Walpole.
Ds. Monson.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

E. Coventry & al. Pet. referred to Judges.

Upon reading the Petition of William Earl of Coventry, Richard Lord Bishop of Lincoln, and Charles Sturges Clerk, One of the Prebendaries of the Church of Lincoln; praying Leave to bring in a Bill, for making an Exchange of the Manor of Twigmore, in the County of Lincoln, for the Prebend Manor of Milton, in Oxfordshire; and settling the Premises so to be exchanged for the Purposes mentioned in the Will of Thomas late Earl of Coventry:

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

Smith, to pay Moreland's Debts, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Smith Gentleman; 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 1a vice lecta est Billa, intituled, "An Act for confirming a Conveyance of divers Lands and Hereditaments, in the County of Durham, late the Estate of John Morland Esquire, deceased, for Payment of his Debts and Incumbrances."

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Andrews 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.

L Craven & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Lord Craven and others; 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 1a vice lecta est Billa, intituled, "An Act for discharging a certain Piece of Ground, called The Pest-house Field, from certain Charitable Trusts; and for settling another Piece of Ground, of equal Extent, and in a more convenient Place, upon the same Trusts."

Mutiny Bill.

Hodie 1a 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 read a Second Time on Saturday next.

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

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, the Articles of War intended to be established for the Year ensuing.

"Also, a List of the Promotion of the Officers of the Army, since the 25th of March last; distinguishing such of the said Officers as were in His Majesty's Service, or in Half Pay, before the said 25th of March; with the Dates of the Commissions of such Officers."

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

Trentham Common to enclose, Bill:

Upon reading the Petition of the Freeholders and Tenants within the Vills of Blurton and Cocknage, within the Manor or Lordship of Trentham, in the County of Stafford, whose Names are thereunto subscribed; praying Leave to bring in a Bill, for enclosing the Common called Cocknage Banks, and Blurton Common, Parcel of the ancient Forest of Lightwood, within the said Manor of Trentham, according to an Agreement made with the Lord of the said Manor:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill read.

Then the Lord Carteret presented to the House a Bill, intituled, "An Act for enclosing the Common, or Waste, called Lightwood Forest, otherwise Cocknage Banks, and Blurton Common, in the Manor and Parish of Trentham, in the County of Stafford."

And the same was read the First Time.

Account of Naval Stores delivered.

The House being informed, "That some of the Commissioners of the Navy attended:

They were called in; and delivered, at the Bar, pursuant to their Lordships Address of the 22d of January last,

"An Account of the Quantity of Naval Stores remaining at His Majesty's Yards, on the 31st of December, in the Years 1721, 1727, and 1733."

And then they withdrew.

And the Title of the said Account was read.

Account of damaged Provisions delivered.

The House being informed, "That some of the Commissioners of the Victualing attended."

They were called in; and delivered, at the Bar, pursuant to an Address of the 22d of January last,

"An Account of damaged Provisions and old Victualing Stores sold, from Christmas 1720, to Christmas 1733; distinguishing each Year; and shewing how the Money arising from the same hath been applied, and by what Authority."

And then they were directed to withdraw.

And the Title of the said Account was read.

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 the Address of the 15th Instant,)

"A State of the National Debt, provided or unprovided for by Parliament, as it stood the 31st December 1732, and the 31st December 1733; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before 25th December 1716, the said Fund has been applied."

And then he was directed to withdraw.

And the Title of the said State was read.

E. Galloway peremptorily to answer Herron's Appeal.

The House was informed, "That James Earl of Gallway, Respondent to the Appeal of Patrick Herron and others, had not put in his Answer thereunto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by John McGouan, Writer to the Signet, of the due Service of the said Order, being read:

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

Moncrief, to enter into Recognizance for his Father.

The House being moved, "That Mr. David Moncricf may be permitted to enter into a Recognizance for his Father Sir Thomas Moncrief, on account of his Appeal depending in this House; he residing in Scotland:"

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

Representation of the Board of Trade, concerning the American Coronies.

The Order of the Day being read, for the House to be put into a Committee, to take into Consideration the Representation laid before this House, from the Board of Trade, relating to the Laws made, Manufactures set up, and Trade carried on, in His Majesty's Plantations in America:

It is Ordered, That, on Thursday Sevennight, this House shall be put into a Committee, to take the said Representation into Consideration.

Cutting Hedges near Highways, Bill.

The other Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to explain and make more effectual the Laws in being, to oblige the Possessors of Lands adjacent to common Highways to cut and keep low such Hedges as are adjoining to the said Highways:"

It is Ordered, That the House be put into a Committee upon the said Bill, on Friday Sevennight.

Matters relating to the Election of Peers in Scotland.

Whereas Thursday next is appointed, for taking into Consideration Matters relating to the Election of the Peers of that Part of Great Britain called Scotland:

It is Ordered, That this House will take the same into Consideration on Wednesday Sevennight; and the Lords to be summoned.

Adjourn.

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

DIE Mercurii, 27o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Hereford.
Epus. Cestriens.
Epus. Landav.
Epus. Meneven.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Bedford.
Dux Rutland.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Berks.
Comes Winchilsea & Nott.
Comes Cardigan.
Comes Anglesey.
Comes Shaftesbury.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Jersey.
Comes Rothes.
Comes Morton.
Comes Selkirk.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Hinton.
Ds. Byron.
Ds. Carteret.
Ds. Guilford.
Ds. Gower.
Ds. Hervey.
Ds. Foley.
Ds. Hobart.
Ds. Lovell.

PRAYERS.

Rowley against McLorinan.

The Answer of Hugh McLorinan and Thomas Hamersley, to the amended Appeal of William Rowley and Arabella his Wife:

Rathborne & al. against Byrne & al.

Also, the Answers of John Byrne and others, to the Appeal of John Rathborne:

Halket against Sir G. Wardlaw.

Also, the Answer of Sir George Wardlaw Baronet, to the Appeal of Captain Peter Halket:

Paschall against Hazelden.

And likewise, the Answer of Catherine Hazelden, to the Appeal of Elizabeth Paschall;

Were brought in.

Trentham Common, to enclose, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enclosing the Common, or Waste, called Lightwood Forest, otherwise Cocknage Banks, and Blurton Common, in the Manor and Parish of Trentham; in the County of Stafford."

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

Ld. President.
D. Rutland.
D. Montrose.
D. Kent.
D. Newcastle.
D. Bridgewater.
M. Tweeddale.
E. Northampton.
E. Winchilsea.
E. Anglesey.
E. Shaftesbury.
E. Warrington.
E. Coventry.
E. Marchmont.
E. Ilay.
E. Strafford.
E. Aylesford.
E. Bristol.
Vis. Tadcaster.
Vis. Cobham.
Vis. Falmouth.
L. Bp. Hereford.
L. B. Chester.
L. B. Landaff.
L. B. St. Davids.
L. B. Bristol.
Ld. Abergaveny.
L. Delawarr.
L. Hunsdon.
L. Hinton.
L. Byron.
L. Carteret.
L. Guilford.
L. Gower.
L. Hervey.
L. Foley.
L. Hobart.
L. Lovell.

Their Lordships, or any Five of them; to meet on Thursday the 14th Day of March next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

L. Craven's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for discharging a certain Piece of Ground, called The Pesthouse Field, from certain Charitable Trusts; and for settling another Piece of Ground, of equal Extent, and in a more convenient Place, upon the same Trusts."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Friday the 15th Day of March next; and to adjourn as they please.

Montrose, Duty on Beer, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the 6th Year of the Reign of His late Majesty King George the First, intituled, An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer that shall be vended or sold, within the Town of Montrose, and Privileges thereof, for supplying the said Town with fresh Water; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

McDonnel's Pet referred to Judges.

Upon reading the Petition of Randal McDonnell Esquire; praying Leave to bring in a Bill, to explain an Act made in the First Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for the Relief of Hannah McDonnell, and for enabling the Petitioner to sell or encumber the Premises therein mentioned, as he shall be advised, or see necessary:"

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

D. of Bridgewater against Sir F Edwards:

After hearing Counsel, upon the Petition and Appeal of Scroop Duke of Bridgewater; complaining of an Order, or Decree of Dismission, made by the Court of Exchequer, the 5th Day of July 1732, in a Cause wherein the Appellant was Plaintiff, and Sir Francis Edwards Baronet Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said Sir Francis Edwards put in thereunto; and due Consideration had of what was offered on either Side in this Cause:

Order or Decree reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order, or Decree, complained of in the said Appeal, be, and is hereby, reversed: And it is hereby further Ordered, That the said Court of Exchequer do proceed to hear the Cause, upon the Pleadings and Proofs taken in the said Cause.

King's Answer to the Address for Articles of War, &c.

The Lord Delawarr acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of this House Yesterday, for the Articles of War, and a List of the Promotion of Officers in the Army;" and that His Majesty was pleased to say, "He would give Order to the proper Officers, to lay the same before this House accordingly.

D. of Roxburghe against Wauchope, et è contra.

The House being moved, "That the Hearing of the Cause wherein John Duke of Roxburghe is Appellant, and James Wauchope Respondent, et è contra, which stands for To-morrow, may be put off to Monday next:"

It is Ordered, That the same be put off accordingly; and that the other Causes on Cause-days be removed in Course.

Halket & al. against Sir G. Wardlaw.

The House being moved, "That Tuesday the 19th Day of March next may be appointed, for hearing the Cause wherein Captain Peter Halket and others are Appellants, and Sir George Wardlaw Baronet 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.

Byrd and others, for a Bill to enclose Claybrooke Commons.

Upon reading the Petition of Thomas Byrd of Claybrook Parva, in the Parish of Claybrook, in the County of Leicester, Esquire, William Byrd Vicar of the said Parish, Thomas Stretton, Richard Groocock, Richard Wells, John Sawbridge, Thomas Goddard, John Hacket, John Beeby, John Winterton, John Wright, William Webster, John Andrews, Henry Thornton, Robert Prinsip, and others, Land Owners and Proprietors of Land, in the late Common Fields of Claybrook Magna and Claybrook Parva, in Behalf of themselves, and other Owners and Proprietors of Land in the said late Common Fields; praying Leave to bring in a Bill, for establishing and making more effectual certain Articles and Agreements in the Petition mentioned, for enclosing Common Fields in the said Parish:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

E. of Burlington, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Richard Earl of Burlington; 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 1a vice lecta est Billa, intituled, "An Act for supplying an Omission in a former Act of Parliament, to enable Richard Earl of Burlington to grant Leases of Ground behind Burlington House."

Smith, for Payment of Morland's Debts, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming a Conveyance of divers Lands and Hereditaments, in the County of Durham, late the Estate of John Morland Esquire, deceased, for Payment of his Debts and Incumbrances."

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

Their Lordships, or any Five of them; to meet at the usual Place, on Thursday the 14th Day of March next; and to adjourn as they please.

Private Bills, Time enlarged for receiving.

Ordered, That the Time for receiving Petitions for Private Bills be enlarged till Saturday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, secundum diem Martii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.