House of Lords Journal Volume 24
March 1735, 1-10

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History of Parliament Trust

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1767-1830

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477-485

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'House of Lords Journal Volume 24: March 1735, 1-10', Journal of the House of Lords volume 24: 1732-1737 (1767-1830), pp. 477-485. URL: http://www.british-history.ac.uk/report.aspx?compid=114030 Date accessed: 24 July 2014.


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March 1735, 1-10

DIE Lunæ, 3o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Cicestrien.
Epus. Sarum.
Epus. Landav.
Epus. Asaphen.
Epus. Meneven.
Epus. Norwic.
Epus. Bangor.
Epus. Carliol.
Epus. Glocestr.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Beaufort.
Dux Bolton.
Dux Bedfort.
Dux Marlborough.
Dux Montagu.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Suffolk.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Berkshire.
Comes Chesterfield.
Comes Thanet.
Comes Essex.
Comes Anglesey.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Poulet.
Comes Godolphin.
Comes Cholmondeley.
Comes Craufurd.
Comes Sutherland.
Comes Selkirk.
Comes Loudoun.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Portmore.
Comes Ilay.
Comes Oxford.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Cowper.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Ashburnham.
Comes Malton.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. (fn. 1) Hunsdon.
Ds. St. John.
Ds. Hinton.
Ds. Maynard.
Ds. Bruce.
Ds. Lynne.
Ds. Craven.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Onslow.
2. Ds. Hobart.
1. Ds. King.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Giffard against Webb.

The Answer of John Webb, to the Appeal of John Giffard:

Barlow against Barlow.

As also, the Answer of Robert Barlow called Robert Bateman and his Wife, to the Appeal of Charles Barlow;

Were brought in.

Hoggan against Wardlaw.

As was also, the Answer of William Wardlaw of Abden, Provost of the Borough of Kingborn, and others, to the Appeal of John Hoggan.

Lord Trevor takes the Oaths.

Thomas Lord Trevor took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Cantillon & al. Petition referred to Judges.

Upon reading the Petition of Mary Anne Cantillon, Widow and Executrix of Richard Cantillon Esquire, deceased, Henry Furnese Esquire, and Francis Garvan Esquire; praying Leave to bring in a Bill, to join the Petitioners Mary Anne, and Henry, with the Petitioner Francis, in the Execution of the Trust created by the Will of the said Richard Cantillon; and to enable the Petitioners to adjust all Claims and Demands made upon the Estate of the said Richard Cantillon; and for other Purposes in the Petition mentioned:

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. Justice Denton; with the usual Directions, according to the Standing Orders.

Mackgill claiming the Title of Viscount Oxfurd, Report Committee Privileges.

The Earl of Craufurd, from the Lords Committees for Privileges, to whom was referred the Petition of James Makgill, claiming to be Viscount of Oxfurd, acquainted the House, "That they had met, upon the Consideration of the said Petition; and had directed him to report, That it was the Opinion of the said Committee, That the Petitioner ought to give due Notice of this Petition to the Heirs Substitute mentioned in the Grant of Queen Anne, who are now in being."

Which Report, being read by the Clerk, was agreed to by the House; and Ordered accordingly:

And further Ordered, That the said Committee do meet again, upon the Consideration of the said Petition, on this Day Month.

Geree's Petition referred to Judges.

Upon reading the Petition of John Geree Clerk and John Geree his Eldest Son and Heir Apparent; praying Leave to bring in a Bill, for Sale of an Estate in the Petition mentioned; and applying the Money arising thereby for Payment of the Debts of the said John Geree the Father, and afterwards for the Maintenance, Support, and Provision, of his Children:

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. Justice Denton; with the usual Directions, according to the Standing Orders.

Jevers against Jevers.

A Petition of John Burke, Agent for Henry Jevers Esquire; was presented and read; praying, "In regard certain Original Deeds, that will be necessary to be used at the Hearing of the Appeal of the said Jevers, were, by Mistake, left in Ireland, when the Appellant's other Writings were brought over; that the Hearing of the said Appeal may be put off for Three Weeks."

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

Ordered, That the hearing this Cause be put off till To-morrow Three Weeks; and then heard peremptorily.

Trotter against E. Marchmont & al.

A Petition of Henry Trotter of Mortounhall Esquire, was presented, and read; praying Leave to amend his Appeal, to which the Earl of Marchmont and Andrew Hogg are Respondents, by adding other Parties; and that the Hearing thereof may be adjourned till such Time as the new Parties shall have put in their Answers.

And thereupon the Agents on both Sides having been called in, and heard at the Bar; and withdrawn:

Ordered, That the Petitioner be at Liberty to amend his Appeal, as desired, he amending the Respondents Copy; and that the Hearing of the said Cause be put off till the Parties to be added shall have put in their Answer.

Way against Lodge:

This Day being appointed, for hearing the Cause wherein Juliana Way Widow is Appellant, and Ebenezar Lodge and Anna his Wife are Respondents:

It was directed, "That the Counsel should be called in."

But none appearing on either Side:

And the Solicitors attending; they were called in, and heard at the Bar.

And acquainting the House, "That they daily expected to hear that the Matters in Question upon the Appeal were accommodated:"

They were directed to withdraw.

Appeal dismissed.

Ordered, That the said Appeal be dismissed this House.

Bp. of Lincoln & al. Petition for a Bill to enclose Farthingstone Commons.

Upon reading the Petition of the Right Reverend the Lord Bishop of Lincoln, Charles Shuckburgh Esquire, and others, the Freeholders and Proprietors of the Commons and Common Fields of Farthingstone, in the County of Northampton; praying Leave to bring in a Bill, for dividing and enclosing the said Commons and Common Fields:

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

Persons omitting to subscribe, according to the Act of Uniformity, Bill.

Ordered, That the House be now put into a Committee of the whole House upon the Bill, intituled, An Act to indemnify Persons who have omitted to make and subscribe the Declarations contained in the Act of Uniformity of the 13th and 14th Years of King Charles the Second, within the Time limited by Law; and for allowing further Time for doing thereof."

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

After some Time spent therein, the House was resumed.

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

Ordered, That the said Report be received Tomorrow.

Adjourn.

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

DIE Martis, 4o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Hereford.
Epus. Asaphen.
Epus. Menevens.
Epus. Norwic.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Somerset.
Dux Bolton.
Dux Leeds.
Dux Atholl.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Portland.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Abingdon.
Comes Rochford.
Comes Coventry.
Comes Poulet.
Comes Cholmondeley.
Comes Craufurd.
Comes Sutherland.
Comes Findlater.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Portmore.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Harborough.
Comes Pomfret.
Comes Kerr.
Comes Fitzwalter.
Comes Malton.
Viscount Tadcaster.
Viscount Torrington.
Ds. Willoughby Par.
Ds. St. John.
Ds. Hinton.
Ds. Maynard.
Ds. Bruce.
Ds. Lynne.
Ds. Carteret.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Hobart.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Crawford against Visco. Garnock.

The Answer of Patrick Lord Viscount Garnock, to the Appeal of John Crawfurd Esquire, was brought in.

Persons omitting to subscribe, according to the Act of Uniformity, Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to indemnify Persons who have omitted to make and subscribe the Declarations contained in the Act of Uniformity of the 13th and 14th Years of King Charles the Second within the Time limited by Law, and for allowing further Time for doing thereof," was committed, the Amendments made by the Committee to the said Bill.

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

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

Crawfurd against Visc. Garnock.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Crawfurd Esquire is Appellant, and Patrick Lord Viscount Garnock 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.

Eastoun against Stirling.

The like Motion and Order, for hearing the Cause wherein Robert Eastoun is Appellant, and William Stirling and others are Respondents, on the next vacant Day for Causes.

Forester, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Forrester Esquire, and his Eldest Son and Heir Apparent; 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 vesting the Estates of William Forrester Esquire and Brook Forester his Son and Heir Apparent, in the County of Salop, in Trustees, to settle the same, pursuant to an Agreement previous to the Marriage of the said Brook Forester with Elizabeth his Wife, only Daughter of George Weld Esquire, notwithstanding the Minority of the said Brook Forester."

Rowley against McLorinan.

After hearing Counsel, in Part, in the Cause wherein William Rowley Esquire and Arabella his Wife are Appellants, and Hugh McLorinan Gentleman is Respondent:

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

Kent against Kent, in Error.

The Lord Hardwicke, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in, at the Table, a Writ of Error, wherein Robert Kent Gentleman and James May Esquire are Plaintiffs, and Katherine Kent Widow is Defendant.

Adjourn.

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

DIE Mercurii, 5o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Roffen.
Epus. Hereford.
Epus. Sarum.
Epus. Menev.
Epus. Norwic.
Epus. Carliol.
Epus. Glocestr.
Ds. Talbot, Cancellarius.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Atholl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Suffolk.
Comes Northampton.
Comes Winchilsea.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Warrington.
Comes Coventry.
Comes Poulet.
Comes Cholmondeley.
Comes Craufurd.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Harborough.
Comes Fitzwalter.
Viscount Tadcaster.
Viscount Lymington.
Viscount Torrington.
Ds. Hinton.
Ds. Maynard.
Ds. Bruce.
Ds. Carteret.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Hobart.
Ds. Hardwicke.

PRAYERS.

Rowley against McLorinan.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of William Rowley Esquire and Arabella his Wife; complaining of an Order of the Court of Chancery in Ireland, made the 8th Day of May 1733, upon re-hearing of a Cause wherein Hugh McLorinan Gentleman was Plaintiff, and the Appellants and others were Defendants; and praying, "That the same may be reversed; and that the Order of the said Court of Chancery, made on the original Hearing of the said Cause, whereby the Plaintiffs Bill was dismissed with Costs, may be affirmed; and that the Appellants may have such Relief as this House, in their great Wisdom, shall think fit:" As also upon the Answer of the said Hugh McLorinan and Thomas Hamersley put in to the said Appeal; and due Conside ration had of what was offered by Counsel on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Order of the said Court of Chancery, made upon the Rehearing there, be, and is hereby, affirmed; with this Addition to the Issue thereby directed, after the Word ["Fine"], to insert these Words; videlicet, ["and subject to such Covenants, on the Part of the Lessee, as are contained in the Lease in the Pleadings mentioned, bearing Date the 15th Day of October 1701."]

Persons omitting to subscribe according to the Act of of Uniformity, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to make and subscribe the Declarations contained in the Act of Uniformity of the 13th and 14th Years of King Charles the Second, within the Time limited by Law; and for allowing further Time for doing thereof."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Forester's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Estates of William Forester Esquire and Brook Forester his Son and Heir Apparent, in the County of Salop, in Trustees, to settle the same, pursuant to an Agreement previous to the Marriage of the said Brook Forester with Elizabeth his Wife, only Daughter of George Welde Esquire, notwithstanding the Minority of the said Brook Forester."

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

L. Steward.
D. Bolton.
D. Leeds.
D. Bedford.
D. Marlborough.
D. Bridgewater.
M. Lothian.
E. Suffolk.
E. Northampton.
E. Shaftesbury.
E. Warrington.
E. Coventry.
E. Craufurd.
E. Findlater.
E. Ilay.
E. Oxford.
E. Strafford.
E. Aylesford.
Viscount Tadcaster.
Viscount Torrington.
L. Bp. London.
L. Bp. Rochester.
L. Bp. Hereford.
L. Bp. Sarum.
L. Bp. St. Davids.
L. Bp. Glocester.
L. Hinton.
L. Maynard.
L. Bruce.
L. Carteret.
L. Haversham.
L. Gower.
L. Hervey.
L. Cathcart.
L. Foley.
L. Bathurst.
L. Hobart.
L. Hardwicke.

Their Lordships, or any Five of them; to meet on Tuesday the 20th Instant, at the usual Time and Place; and to adjourn as they please.

Adjourn.

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

DIE Jovis, 6o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt

Fredericus Princeps Walliæ.

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Roffen.
Epus. Hereford.
Epus. Petriburg.
Epus. Cicestriens.
Epus. Sarum.
Epus. Asaphen.
Epus. Menevens.
Epus. Norwic.
Epus. Bangor.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Montagu.
Dux Buccleuch.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Lothian.
Comes Huntingdon.
Comes Northampton.
Comes Westmorland.
Comes Berkshire.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Essex.
Comes Litchfield.
Comes Abingdon.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Poulet.
Comes Cholmondeley.
Comes Craufurd.
Comes Sutherland.
Comes Morton.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Graham.
Comes Kerr.
Comes Ashburnham.
Comes Effingham.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Cobham.
Viscount Lymington.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. Lovelace.
Ds. Hinton.
Ds. Bruce.
Ds. Lynne.
Ds. Carteret.
Ds. Herbert.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Constable & al. Leave for a Bill:

Upon reading the Petition of Cuthbert Constable Esquire, formerly called Cuthbert Tunstall, and Marmaduke Tunstall Esquire; praying Leave to bring in a Bill, to enable the said Cuthbert, and other Persons named in the Will of William late Viscount Dunbar, to hold, by the Surname of Constable, certain Estates therein mentioned, according to the respective Uses of the said Will:

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

E. Aylesford's Privilege:

A Complaint being made to the House, "That Mr. John Mathews, who is possessed of Lands in the Parish of Mereden, in the County of Warwick, but resides in the City of Worcester, did, in the Beginning of February last, cause some poor labouring Men to scour a certain Water-course, running through Grounds belonging to the Earl of Aylesford, though he the said Mathews was forbid so to do; and also, that he uttered opprobrious Language reflecting on the said Earl, in Breach of his Lordship's Privilege, and the Privilege of this House:"

Complaint referred, and Mathews to attend.

It is Ordered, That the Matter of the said Complaint be referred to the Consideration of the Lords Committees for Privileges; who are to meet thereupon on this Day Fortnight; and that the said John Mathews do then attend the said Committee.

Hoggan against Wardlaw.

Ordered, That the hearing the Cause wherein John Hoggan Provost of Kinghorn and others are Appellants, and William Wardlaw of Abden and others are Respondents, which stands appointed for To-morrow, be put off till Monday next.

Address for an Accompt of Money issued for Augmentation of Forces.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that an Accompt be laid before this House, of such Monies as have been issued by virtue of the Power granted to His Majesty in an Act of the last Session of Parliament (intituled, "An Act for enabling His Majesty to apply the Sum of One Million Two Hundred Thousand Pounds, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirty-four; and for appropriating the Supplies granted in this Session of Parliament;") whereby it is Enacted, That the Commissioners of the Treasury might issue and apply, out of the Aids and Supplies granted in that Session of Parliament, such Sums of Money as shall be necessary to be issued, until the 24th of December One Thousand Seven Hundred and Thirty-four, for the Increase of such Expences as shall arise by such Augmentation as His Majesty shall think necessary to make of His Forces by Sea or Land, and for concerting such Measures as the Exigency of His Affairs may require."

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

Motions for other Addresses refused.

Then it was moved, "To order, that an humble Address be presented to His Majesty, that He will be graciously pleased to give Directions that the several Instructions to Mr. Woodward, His Majesty's Minister in Poland, in the Year One Thousand Seven Hundred and Twenty-nine, be laid before this House."

But the same being objected to;

And Debate thereupon:

The Question was put, upon the said Motion.

It was Resolved in the Negative.

Then it was moved "To order, That an humble Address be presented to His Majesty, that He will be graciously pleased to order to be laid before this House, the Letters and Instructions sent to His Majesty's Ministers at the Courts of France and Spain, relating to the Execution of the Treaty of Seville."

Which being likewise objected to:

After Debate; and reading His Majesty's Speech to His Parliament, the 20th of January 1730:

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Address about Land Forces.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions to the proper Officer, to lay before this House, an Account how His Majesty's Land Forces have been quartered in Great Britain, since the 25th of March One Thousand Seven Hundred and Thirty-four."

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

Mutiny, &c. Bill.

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

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

Proposed, "That the said Bill be now read the First Time."

The same was objected to.

And it being moved, "To adjourn:"

The Question was put thereupon.

It was Resolved in the Negative.

The Bill aforementioned was read the First Time.

Ordered, That the said Bill be read a Second Time on this Day Sevennight; and the Lords to be summoned.

Adjourn.

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

DIE Lunæ, 10o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Roffen.
Epus. Hereford.
Epus. Sarum.
Epus. Landav.
Epus. Menevens.
Epus. Carliol.
Epus. Glocestr.
Ds. Talbot, Cancellarius.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
March. Lothian.
Comes Huntingdon.
Comes Northampton.
Comes Warwick.
Comes Berkshire.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Craufurd.
Comes Sutherland.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Balcarris.
Comes Dunmore.
Comes Orkney.
Comes Portmore.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Hinton.
Ds. Maynard.
Ds. Bruce.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Look against Cholmondeley.

The Answer of Charles Cholmondeley Esquire, Sir William Chapple Knight, and Jasper Blythman, the acting Executors of Thomas Earl of Londonderry of the Kingdom of Ireland, deceased, to the Appeal of William Lock and John Herring Esquires, was brought in.

Manchester Road, Bill.

A Message was brought from the House of Commons, by Sir Edward Stanley and others:

With a Bill, intituled, "An Act for repairing the Roads from the Town of Manchester, leading through Newton, Failsworth, and Oldham, in the County Palatine of Lancaster, to Austerlands, in the Parish of Saddleworth, in the County of York;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

L. Polwarth & Ux. Petition referred to Judges.

Upon reading the Petition of Hugh Hume Campbell, commonly called Lord Polwarth, and Anne his Wife; praying Leave to bring in a Bill, for Sale of certain Estates, in the County of Essex; and, with the Money arising thereby, to purchase other Lands, to be settled to the same Uses:

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. Justice Denton; with the usual Directions, according to the Standing Orders.

Dyke, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Edward Dyke Esquire, for himself and on the Behalf of Elizabeth Dyke, an Infant, his Ward, for 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 vesting an undivided Moiety of divers Lands and Hereditaments, in the Counties of Oxon and Kent, the Estate of Elizabeth Dyke, an Infant, in Edward Dyke Esquire and his Heirs, in Exchange for an undivided Moiety of divers Lands and Hereditaments, in the Counties of Somerset and Devon."

Jolliffe, Petition for a Bill, to enclose Commons in Chedleton.

Upon reading the Petition of Thomas Jolliffe and Edward Arblaster Esquires; praying Leave to bring in a Bill, for appointing Commissioners, to make such Allotments of certain Commons and Wastes, in the Manor of Chedleton, in the County of Stafford, as shall be just and equal, in Pursuance of Articles of Agreement entered into for that Purpose:

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

Church at Sheffield, Leave for a Bill.

Upon reading the Petition of the major Part of the acting Trustees for building a new Church, or Chapel of Ease, in Sheffield, in the County of York, and of several of the principal Inhabitants of the said Town and Parish, as well on Behalf of themselves and the rest of the Parishioners of Sheffield aforesaid, as on Behalf of Mr. Robert Downes, their principal Benefactor; praying Leave to bring in a Bill, for making the said new Church a separate and distinct Parish, within its own Walls only:

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

E. of Peterborough's Petition referred to Judges.

Upon reading the Petition of Charles Earl of Peterborow and Monmouth; praying Leave to bring in a Bill, for exchanging a Grange and Parcel of Ground, called Padwell, in the Town of Southampton, belonging to the Provost and Scholars of Queen's College, in the University of Oxford, for a Capital Messuage and Farm called Wakes Manor, and Lands thereunto belonging, in Clifton, in the County of Bucks, belonging to the Petitioner, according to an Agreement for that Purpose:

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. Justice Denton; with the usual Directions, according to the Standing Orders.

Dr. Colbatch's Petition, against Dr. Bentley, withdrawn.

A Petition of John Colbatch Doctor of Divinity, Senior Fellow of Trinity College in Cambridge, in Behalf of himself and other Members of the said College; praying, "That the Vice-master of that College may be required to put in Execution the Sentence of the Lord Bishop of Ely against Doctor Bentley, Master of the said College," was read.

And it being proposed, "To appoint a Day for taking the same into Consideration:"

It was also proposed, "To reject it."

After Debate;

The said Petition was, by Leave of the House, withdrawn.

Lloyd's Petition referred to Judges.

Upon reading the Petition of Guy Lloyd Esquire; praying Leave to bring in a Bill, for Sale of Part of his Estate in Ireland; and to have an Estate in Norfolk, of the like or greater Value, to be settled in Lieu 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. Justice Denton; with the usual Directions, according to the Standing Orders.

Stewart's Petition referred to Judges.

Upon reading the Petition of Archibald Stewart of Ballentoy, in the County of Antrim, in the Kingdom of Ireland, Doctor in Divinity, and Leonora Stewart alias Vesey his Wife, Alexander Stewart Brother of the said Archibald Stewart, and Anne Stewart his Wife, Agmondisham Vesey of Lucan in the County of Dublin Esquire, Sir Charles Wager Knight One of the Lords Commissioners of the Admiralty, Alexius Clayton of The Middle Temple, London, Esquire, Richard Hamilton of Colerain, in the County of Londonderry, in the Kingdom of Ireland, Esquire, and Richard Dawson Alderman of the City of Dublin in the said Kingdom of Ireland; praying Leave to bring in a Bill, for removing certain Doubts, arising from the wording of a Settlement in the Petition mentioned, previous to the Marriage of the Petitioners Archibald and his Wife; and, in order thereunto, "That a sufficient Part of the Premises in the Settlement mentioned should be sold, for Payment of the Debts and Incumbrances affecting the Estate; and for other Purposes in the Petition expressed:"

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. Justice Denton; with the usual Directions, according to the Standing Orders.

Duke and Dutchess of Queensberry's Petition referred to Judges.

Upon reading the Petition of Charles Duke of Queensberry and Dover, and Catherine Dutchess of Queensberry and Dover his Wife; praying Leave to bring in a Bill, to empower them to make Sale of certain Estates late of Henry Lord Carleton, in the County of Oxon; and to lay out the Money arising by Sale thereof in the Purchase of Lands in or near Amesbury, in the County of Wilts, of the same or greater Value, to be settled to the same Uses:

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. Justice Denton; with the usual Directions, according to the Standing Orders.

Kerr & al. against Beugo & al.:

Upon reading the Petition of James Kerr, Mary Hume, and John Morrison Hume her Husband; praying, "In regard the Parties have lately come to a Submission in Scotland, to refer the several Matters in Dispute; that the hearing the Petitioners Appeal, against William Beugo and others, may be put off till the next Session of Parliament:"

Hearing put off till next Session.

It is Ordered, That the Hearing of the said Cause be put off till the next Session accordingly.

Hunningham Common Fields, to enclose, Bill.

The Lord Gower reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing the Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Hunningham, in the County of Warwick," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Hoggan against Wardlaw:

After hearing Counsel, upon the amended Petition and Appeal of John Hoggan present Provost of the Borough of Kinghorn, Alexander Baxter Maltman, and Alexander Baxter Mariner, present Baillies of the said Borough, William Laverock Treasurer and Deacon of the Hammermen, John Sommerville, John Laverock, William Bruce, James Laverock, Thomas Sanders, John Sanders, James Gibson, and John Demperston, Counsellors of the said Borough, James Orrock late Deacon, James Waterstoun new Deacon, of the Incorporation of Cordiners, Andrew Sanders Deacon of the Incorporation of Baxters, John Thompson late Deacon, and David Thompson new Deacon, of the Incorporation of Taylors, James Main Deacon of the Weavers, John Sanders Elder and George Wishart Baxters, and George Ireland Clerk of the said Borough of Kinghorn; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 4th, 5th, and 26th of January 1733; and of Two Interlocutors of the Lord Ordinary, of the 1st and 6th of February following; as also of another Interlocutor of the said Lords of Session, whereby they adhered to their former Interlocutor of the said 26th of January; and praying, "That the same may be reversed:" As also upon the Answers of William Wardlaw of Abden, Provost of the Borough of Kinghorn, Thomas Miller and John Wilson, Baillies of the said Borough, Robert Aitken Treasurer of the said Borough, Robert Bruce, David Gilchrist, Partick Lindsay, Lord James St. Clair, John Mitchell, James Birrell, and David Gourlay, Counsellors of the said Borough, and Patrick Beatson Deacon of the Incorporation of Baxters of the said Borough, put in to the said amended Appeal; and due Consideration had of what was offered by Counsel on either Side thereupon:

Interlocutors reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Interlocutors complained of in the said Appeal be, and the same are hereby, reversed: And it is hereby Declared, That the Election of the Respondents, to be Magistrates and Counsellors of the said Borough of Kinghorn, is null and void; and that the said Respondents be at Liberty to proceed before the Lords of Session, upon that Part of the Libel which calls in Question the Election of the Appellants, as they shall think fit.

Appleton, &c. Petition referred to Judges.

Upon reading the Petition of Joshua Appleton Gentleman, a Lunatic, by Anne Trigge Widow, his Sister and Committee; and also of the said Anne Trigge, Mary York Spinster, and Thomas Vaughan Gentleman; praying Leave to bring in a Bill, for confirming and establishing a Partition of certain Lands and Tenements, in the Counties of Suffolk and Essex, late of Henry Appleton Esquire, deceased, according to the Purport of a Decree of the Court of Chancery:

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. Justice Denton; with the usual Directions, according to the Standing Orders.

Tunstall to take the Name of Constable, Bill.

The Earl of Harbrough, pursuant to the Order of Thursday last, presented to the House a Bill, intituled, An Act to enable Cuthbert Tunstall Esquire, now called Cuthbert Constable, and others, to take the Surname of Constable, instead of their respective proper Surnames, pursuant to the Will of William late Lord Viscount Dunbar, deceased."

And the same was read the First Time.

Adjourn.

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

Footnotes

1 Origin. Hudson.