House of Lords Journal Volume 24
March 1736, 1-10

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History of Parliament Trust

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1767-1830

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598-606

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'House of Lords Journal Volume 24: March 1736, 1-10', Journal of the House of Lords volume 24: 1732-1737 (1767-1830), pp. 598-606. URL: http://www.british-history.ac.uk/report.aspx?compid=114045 Date accessed: 21 October 2014.


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March 1736, 1-10

DIE Martis, 2o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Montagu.
Dux Buccleuch.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Bridgewater.
March. Lothian.
Comes Pembroke & Montgomery.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Berkshire.
Comes Peterborow & Monmouth.
Comes Chesterfield.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Selkirk.
Comes Orkney.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Viscount Cobham.
Viscount Falmouth.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Hunsdon.
Ds. Poulet.
Ds. Carteret.
Ds. Haversham.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. King.
Ds. Monson.
Ds. Lovell.

PRAYERS.

Morgan against Morgan & al.

The Answer of William Morgan Esquire, to the Appeal of Thomas Morgan Gentleman:

As also, the Answer of William Perkins and Anne his Wife, to the same Appeal:

Wither & al. against Dr. King.

And likewife, the Answer of William King Doctor of Laws, Administrator of his late Wife, deceased, who was the only Daughter of Charles Wither Esquire, deceased, to the Appeal of Andrew Wither Esquire and others;

Were brought in.

Gilbert to take the Surname of Cooper. Leave for a Bill.

Upon reading the Petition of John Gilbert Esquire; praying Leave to bring in a Bill, to entitle himself and his Issue Male to take the Name of Cooper, according to the Will of John Cooper, late of Thurgarton, in the County of Nottingham, Esquire, deceased:

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

Felthusen, Leave for a Nat. Bill.

Upon reading the Petition of Friedrich Felthusen; praying Leave to bring in a Bill, for his Naturalization:

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

Sir J. Astley, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir John Astley; 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 exchanging of Lands, between Sir John Astley Baronet, and the President and Fellows of Queen's College in Cambridge."

Phillips to take the Name of Lee, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Robert Philips Esquire and his Issue Male to take and use the Surname of Lee, pursuant to the Will of Robert Lee Esquire, deceased."

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

Ld. President.
L. Steward.
L. Chamberlain.
D. Buccleuch.
D. Atholl.
D. Portland.
D. Greenwich.
D. Bridgewater.
M. Lothian.
E. Pembroke.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Berkshire.
E. Scarbrough.
E. Rochford.
E. Ilay.
E. Oxford.
E. Strafford.
E. Cowper.
E. Pomfret.
E. Graham.
E. Fitzwalter.
Viscount Cobham.
Viscount Falmouth.
L. Bp. London.
L. Bp. Oxon.
L. Bp. Roffen.
L. Bp. Glocester.
L. Bp. Bristol.
Ld. Harrington, Sec.
L. Delawarr.
L. Clinton.
L. Carteret.
L. Haversham.
L. Cathcart.
L. Bathurst.
L. Onslow.
L. Romney.
L. Lovell.

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

E. Stamford's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Harry Earl of Stamford and Harry Gray Esquire, commonly called Lord Gray, Son and Heir Apparent of the said Earl, to make a Settlement, upon the Marriage of the said Lord Gray, notwithstanding his Infancy."

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

Their Lordships, or any Five of them; to meet on Wednesday the 17th Day of this Instant March, at the usual Place; and to adjourn as they please.

Acts against Witchcraft, to repeal, Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to repeal the Statute made in the First Year of the Reign of King James the First, intituled, "An Act against Conjuration, Witchcraft, and dealing with evil and wicked Spirits," except so much thereof as repeals an Act of the Fisth Year of the Reign of Queen Elizabeth, against Conjurations, Enchantments, and Witchcrafts," was committed, the Amendments made by the Committee to the said Bill, as follow:

"At the End of the Bill, add, (A) ["And be it further Enacted, by the Authority aforesaid, That, from and after the said 24th Day of June next, the Act passed in the Parliament of Scotland, in the Ninth Parliament of Queen Mary, intituled, "Anentis Witchcrasts," shall be, and is hereby, repealed."]

"(B) ["And be it further Enacted, That, from and after the said 24th Day of June next, no Prosecution, Suit, or Proceeding, shall be commenced or carried on, against any Person or Persons, for Witchcrast, Sorcery, Enchantment, or Conjuration, or for charging another with any such Offence, in any Court whatsoever in Great Britain: And, for the more essectual preventing and punishing of any Pretences to such Arts or Powers as are before mentioned, whereby ignorant Persons are frequently deluded and desrauded, be it further Enacted, by the Authority aforesaid, That if any Person shall, from and after the said 24th Day of June next, pretend to exercise or use any Kind of Witchcraft, Sorcery, Enchantment, or Conjuration, or undertake to tell Fortunes; or pretend, from his Skill or Knowledge in any occult or crasty Science, to discover where, or in what Manner, any Goods or Chattels supposed to have been stolen or lost may be found; every Person so offending, being thereof lawfully convicted, on Indictment or Information in that Part of Great Britain called England, or on Indictment or Libel in that Part of Great Britain called Scotland, shall, for every such Offence, suffer Imprisonment by the Space of One whole Year, without Bail or Mainprize; and Once in every Quarter of the said Year, in some Market-town of the proper County, upon the Market-day there, stand openly on the Pillory by the Space of One Hour; and also shall (if the Court by which such Judgement shall be given shall think sit) be obliged to give Sureties for his or her good Behaviour, in such Sum, and for such Time, as the said Court shall judge proper, according to the Circumstances of the Offence; and, in such Case, shall be further imprisoned until such Sureties be given.]"

"At the End of the Title, add, ["and to repeal an Act passed in the Parliament of Scotland, in the Ninth Parliament of Queen Mary, intituled, "Anentis Witchcrafts;" and for punishing such Persons as pretend to exercise or use any Kind of Witchcraft, Sorcery, Enchantment, or Conjuration."]

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

Truby & al. against Charlton:

Upon reading the Petition of William Charlton; praying, "In regard Richard Truby and Thomas Banister have not assigned Errors upon their Writ of Error brought into this House the Sixth Day of February last, according to their Lordships Rules, that the same may be Non pros'd, with Costs:"

Writ of Error Non pros'd.

It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House: And further, That the said Plaintiffs in Error do pay, or cause to be paid, to the said Defendant in Error, the Sum of Ten Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Borlace & al. against Doe, in Error.

The House being moved, "That a Day may be appointed, for hearing the Errors argued, assigned on a Writ of Error wherein John Borlace and others are Plaintiffs, and John Doc is Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Wednesday the 10th Day of this Instant March.

Charteris against Murray & al.

Upon reading the Petition and Appeal of Francis Charteris of Armisfield Esquire and his Guardians; complaining of Two Interlocutory Sentences, of the 22d of November 1735, and 11th of February 1736, made on the Behalf of Archibald Murray Esquire and other Trustees, for themselves, and in Behalf of the Creditors of John Lowis of Merchiston Esquire; and praying, "That the same may be reversed; and that they may have such Relief in the Premises as to their Lordships shall seem meet:"

It is Ordered, That the said Archibald Murray and the other Trustees above named 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 30th Day of this Instant March; and that Service of this Order on the Counsel, or Agent, in the said Court, of the said Murray, shall be deemed good Service.

Wither & al. against Dr. King.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Andrew Wither Esquire and others are Appellants, and William King Doctor of Laws is Respondent:"

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

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."

After some Time, the House was resumed.

And the Earl of Warwick 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."

Stankam Commons, to enclose, Leave for a Bill:

Upon reading the Petition of the Warden and Fellows of Winchester, the President and Fellows of Magdalene College in Oxford, and other Freeholders, Copyholders, and Leaseholders, entitled to Right of Common in the Wastes or Commons called Stankam and Soldridge Commons, in the Tithing of Medstead, within the Parish and Manor or Old Alresford, in the County of Southampton; praying Leave to bring in a Bill, for enclosing and dividing the said Commons, in Proportion to every one's Right of Common therein:

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

Bill read.

Accordingly, the Earl of Coventry presented to the House a Bill, intituled, "An Act for dividing and enclosing certain Commons and Waste Grounds, called Stankam and Soldridge Commons, in the Parish of Old Alresford, in the County of Southampton."

And the same was read the First Time.

Order to prevent Stoppages in the Streets to be considered.

Ordered, That this House will, To-morrow, take into Consideration the Order made the 15th Day of January last, to prevent Stoppages in the Streets.

Adjourn.

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

DIE Mercurii, 3o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Landaven.
Epus. Meneven.
Epus. Glocestr.
Ds. Talbot, Cancellarius.
Dux Richmond.
Dux Leeds.
Dux Atholl.
Dux Manchester.
March. Lothian.
Comes Northampton.
Comes Warwick.
Comes Berkshire.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Coventry.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Poulet.
Ds. Carteret.
Ds. Hervey.
Ds. Cathcart.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Lovell.

PRAYERS.

Att. Gen. & al. against Sir B. Lake.

The several Answer of Sir Bibye Lake Baronet, One of the Respondents to the Cross Appeal of His Majesty's Attorney General, and Benjamin Stoakes Gentleman, Executor of Joseph Newell deceased, was brought in.

Phillips to take the Name of Lee, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Robert Phillips Esquire and his Issue Male to take and use the Surname of Lee, pursuant to the Will of Robert Lee Esquire, deceased," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Stankam Commons to enclose, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Commons and Waste Grounds, called Stankam and Soldridge Commons, in the Parish of Old Alresford, in the County of Southampton."

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

D. Richmond.
D. Leeds.
D. Manchester.
M. Lothian.
E. Northampton.
E. Warwick.
E. Berkshire.
E. Shaftesbury.
E. Litchfield.
E. Scarbrough.
E. Craufurd.
E. Loudoun.
E. Ilay.
E. Oxford.
E. Strafford.
E. Fitzwalter.
L. V. Falmouth.
L. V. Torrington.
L. Bp. Litch. & Cov.
L. Bp. Sarum.
L. Bp. Glocester.
L. Bp. London.
L. Bp. Rochester.
Ld Abergavenny.
L. Delawarr.
L. Carteret.
L. Hervey.
L. Cathcart.
L. Bathurst.
L. Romney.
L. Cadogan.
L. Lovell.

Their Lordships, or any Five of them; to meet on Thursday the 18th Day of this Instant March, at the usual Time and Place; and to adjourn as they please.

D. Atholl, &c. Petition referred to Judges.

Upon reading the Petition of James Duke of Atholl and Jane Dutchess of Atholl, Guardian of Leonora Lannoy, an Infant, Daughter of the said Dutchess by James Lannoy Esquire, her former Husband, deceased, in Behalf of themselves and the said Infant; praying Leave to bring in a Bill, for Sale of certain Estates in the Petition mentioned, lying in or near Hammersmith, in the Parish of Fulham, in the County of Middlesex, for discharging Incumbrances, and other Purposes therein expressed:

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

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

State of the National Debt delivered.

He was called in; and delivered, at the Bar, pursuant to an Address to His Majesty.

"A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1734, and 31st of December 1735; 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 has been applied."

And then he was directed to withdraw.

And the Title of the said State was read, by the Clerk.

Order to prevent Stoppages in the Streets, enlarged.

The House (according to Order) took into Consideration the Order made the 15th of January last, for preventing Stoppages in the Streets: And agreed, That the same should extend to prevent the passing of Carriages, as well from Charing Cross to The Old Palace Yard, as from Whitehall to the said Palace Yard, during the Hours in the said Order mentioned: And Ordered, That the same, as altered, should be re-printed, and served on the High Bailiff and Justices of Peace as before directed; and that the Officer who serves the said Order should acquaint them, "That the House expects a punctual Obedience to it."

Gilbert to take the Name of Cooper, Bill.

The Earl of Warwick presented to the House, pursuant to their Lordships Order of Yesterday, a Bill, intituled, "An Act to enable John Gilbert and the Heirs Male of his Body to take and use the Surname of Cooper, pursuant to the Will of John Cooper of Thurgarton Esquire, deceased."

And the same was read the First Time.

Acts against Witchcraft, to repeal, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to repeal the Statute made in the First Year of the Reign of King James the First, intituled, "An Act against Conjuration, Witchcrast, and dealing with evil and wicked Spirits," except so much thereof as repeals an Act of the Fifth Year of the Reign of Queen Elizabeth, against Conjurations, Enchantments, and Witchcrasts."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

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

Sir J. Astley's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for exchanging of Lands, between Sir John Astley Baronet, and the President and Fellows of Queen's College in Cambridge."

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

Herron & al. against E. Galloway.

Counsel were called in, to be heard, in the Cause wherein Patrick Herron Esquire and others are Appellants, and James Earl of Galloway is Respondent.

And the Appellants Counsel being fully heard, and several Proceedings in the Cause on their Part read:

They were directed to withdraw.

Ordered, That the further Hearing of the said Cause be adjourned till Friday next.

Adjourn.

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

DIE Veneris, 5o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Roffen.
Epus. Cestriens.
Epus. Sarum.
Epus. Landaven.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Ds. Talbot, Cancellarius.
Dux Bolton.
Dux Marlborough.
Dux Montagu.
Dux Atholl.
Dux Newcastle.
March. Lothian.
Comes Suffolk.
Comes Northampton.
Comes Berks.
Comes Peterborow.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Jersey.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Tankerville.
Comes Cowper.
Comes Harborough.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Weymouth.
Viscount Cobham.
Viscount Falmouth.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. North & Guilford.
Ds. Haversham.
Ds. Cathcart.
Ds. Masham.
Ds. Foley.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Brett against Sawbridge & al.

The Answer of Jacob Sawbridge Esquire and others, to the Appeal of Nathaniel Wilkins Brett, was brought in:

Standard against Meetkerke & al.

Also, the Answer of Adolphus Meetkerke Esquire, to the Appeal of Barbara Standard Spinster:

Likewise, the Answer of Mary Wickham Widow, to the same Appeal:

And also, the Answer of Penelope Meetkerke, to that Appeal.

L. Dudley's Petition: Meeting of the Committee deferred.

Upon reading the Petition of John Ellis, Agent for Edward Brabason Esquire; setting forth, "That Richard Brereton, who is a necessary Witness to, and bringing over Papers from Ireland to support some Allegations in, the said Mr. Brabason's Petition, is not yet arrived in Town, though every Day expected;" and praying, "That the Hearing of the Petition of the Lord Dudley and Ward, desiring to be put into Possession of certain Lands in that Kingdom, as also the Petition abovementioned before the Committee for Privileges, may be put off for a Week, or to such Day as the House shall think fit:"

It is Ordered, That the said Hearing be put off to Monday the 15th Day of this Instant March; and that the Cause between Berkeley and Fox, appointed for that Day, be put off to the next Day for Causes.

Nowell, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Mary Nowell, Widow and Relict of Roger Nowell, late of Read, in the County of Lancaster, 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 making effectual Articles of Agreement, touching the Estates late of Roger Nowell the Elder, of Read, in the County of Lancaster, Esquire, and Roger Nowell his Son, lying in the same County, and in the County of York; and vesting the said Estates in Trustees, to be sold, for the Payment of Debts, and other Purposes therein mentioned."

St. Martin's Nightly Watch, Bill.

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

With a Bill, intituled, "An Act for the better regulating the Nightly Watch and Beadles, within the Parish of St. Martin's in the Fields, within the Liberties of the City of Westminster;" to which they desire the Concurrence of this House.

Indemnifying such as have not complied with the Act of Uniformity, Bill.

A Message was brought from the House of Commons, by Sir George Oxenden and others:

With a Bill, intituled, "An Act to indemnify Persons who have omitted to read the Prayers, and make and subscribe the Declarations, directed to be read, made, and subscribed, by the Act of Uniformity of the 13th and 14th Year of the Reign of King Charles the Second, within the Time limited by Law, and for allowing further Time for doing thereof;" to which they desire the Concurrence of this House.

The said Bills were read the First Time.

Campion and Shore, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Henry Campion Esquire, Elizabeth Shore Widow, 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 an undivided Fourth Part of the Manor of Plumpton, and certain Lands and Hereditaments, in the County of Sussex, the Estate of Elizabeth Shore and her Daughters; and for vesting the Money arising thereby in Trustees, for the same Uses to which the Estate now stands settled."

Felthusen's Nat. Bill.

The Earl of Shaftesbury (pursuant to the Order of Tuesday last) presented to the House a Bill, intituled, "An Act for naturalizing Friedrich Felthusen."

And the same was read the First Time.

Message from H. C. to return the Bill for repealing the Act against Witchcraft.

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

To return the Bill, intituled, "An Act to repeal the Statute made in the First Year of the Reign of King James the First, intituled, "An Act against Conjuration, Witchcraft, and dealing with evil and wicked Spirits," except so much thereof as repeals an Act of the Fifth Year of the Reign of Queen Elizabeth against Conjurations, Enchantments, and Witchcrafts;" and to acquaint this House, that they have agreed to their Lordships Amendments, with One Amendment to Clause (B), to which they desire their Lordships Concurrence.

Herron & al. against E. Galloway:

After hearing Counsel, as well on Wednesday last as this Day, upon the amended Petition and Appeal of Patrick Herron of that Ilk, William Agnew of Castlewig, John Stewart of Phisgil, John Mc Douall of French, Captain Andrew Agnew of Lochnaw, for themselves, and in Name of the other Heretors within the Priory of Whitehorn; complaining of several Interlocutors of the Lords of Session in Scotland, of the 8th and 22d of December 1731, the 5th and 19th of January 1731/2, the 16th of February 1731/2, the 5th of July 1732, and the 29th of November following, made in a Cause wherein James Earl of Galloway was Plaintiff, and the Appellants and others were Defendants; and praying, "That the said Interlocutors may be reversed, and such Relief given the Appellants as to this House shall seem meet:" As also upon the Answer of the said Earl of Galloway, and likewise the Answer of Duncan Forbes Esquire His Majesty's Advocate for Scotland, on Behalf of His Majesty, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Interlocutors complained of in the said Appeal be, and the same are hereby, reversed; and that it be referred back to the said Lords of Session, to make a proper Satisfaction to the Respondent the said Earl of Galloway, by the Prolongation of his Term for the Money paid by the Lessee of the Term of Ninety-five Years, which expired in the Year 1733, or out of the said Lease, in Pursuance of such Augmentations as were made by any Decree during the said Term of Ninetyfive Years; but with this Direction, That no Satisfaction be made to the said Earl for such Payments as were made in Consequence of those Augmentations after the First of April 1700, being the Date of the First Grant from the Crown, which was continued by the Grant of the 25th of August 1702 to the End of the said Term of Ninety-five Years.

Gilbert to take the Name of Cooper, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable John Gilbert Esquire and the Heirs Male of his Body to take and use the Surname of Cooper, pursuant to the Will of John Cooper of Thurgarton Esquire, deceased."

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

D. Bolton.
D. Montagu.
M. Lothian.
E. Suffolk.
E. Northampton.
E. Berkshire.
E. Chesterfield.
E. Shaftesbury.
E. Litchfield.
E. Craufurd.
E. Ilay.
E. Oxford.
E. Strafford.
E. Cowper.
Viscount Weymouth.
Viscount Falmouth.
L. Bp. London.
L. Bp. Rochester.
L. Bp. Sarum.
L. Bp. Glocester.
Ld Harrington, Sec.
L. Cathcart.
L. Masham.
L. Foley.
L. Romney.
L. Ducie.
L. Hobart.
L. Monson.
L. Lovell.
L. Hardwicke.

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

Smith to take the Name of Allgood, Leave for a Bill.

Upon reading the Petition of George Allgood Esquire, heretofore called George Smith; praying Leave to bring in a Bill, "That the Surname of Allgood should be established and confirmed in and upon him and his Issue Male, pursuant to the Will of George Allgood, late of The Inner Temple, London, Gentleman, deceased:"

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

Worths, Petition referred to Judges.

Upon reading the Petition of Henry Worth Gentleman, in Behalf of himself and John Worth Esquire his Brother, a Lunatic, Bampfylde Worth, George Morris and Elizabeth his Wife, on the Behalf of themselves, and of Samuel Worth, Simon Worth, Reginald Worth, Dorothy Worth, Susanna Worth, and Matilda Worth, who are Infants; praying Leave to bring in a Bill, for Sale of Part of the Estate, in the County of Devon, of the said John Worth, for Payment of his Debts, and discharging the Petitioners Portions:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Commyns; with the usual Directions, according to the Standing Orders.

Phillips to take the Name of Lee, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Robert Phillips Esquire and his Issue Male to take and use the Surname of Lee, pursuant to the Will of Robert Lee Esquire, deceased."

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. Spicer:

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

Adjourn.

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

DIE Martis, 9o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Cestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Dux Devon, Senescallus.
Dux Bolton.
Dux Leeds.
Dux Marlborough.
Dux Montagu.
Dux Atholl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Pembroke & Montgomery.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Shaftesbury.
Comes Scarbrough.
Comes Coventry.
Comes Morton.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Strafford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Weymouth.
Viscount Falmouth.
Viscount Torrington.
Ds. Harrington, Sec.
Ds. Lovelace.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. King.
Ds. Monson.
Ds. Hardwicke.

PRAYERS.

E. Pembroke's Bill.

The Earl of Scarbrough reported from the Lords Committees to whom the Bill, intituled, "An Act for empowering the Trustees named in the Will of Thomas late Earl of Pembroke and Montgomery to lay out the Residue of his Personal Estate in the Purchase of such Lands and Hereditaments as in this Act are mentioned," 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 directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

E. Grantham and E. Cowper & al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable Henry Earl of Grantham, the Right Honourable William Earl Cowper, Eldest Son and Heir of William late Earl Cowper deceased, and Henrietta Countess Cowper his Wife, the Right Honourable Charles Lord Weston and Earl of Arran in the Kingdom of Ireland, the Right Honourable John Lord Delawarr, the Honourable Spencer Cowper Esquire Younger Son of the said late Earl Cowper, William Cowper Esquire Eldest Son and Heir of the Honourable Spencer Cowper Esquire (late One of the Justices of His Majesty's Court of Common Pleas at Westminster) deceased, the Honourable Theodora Cowper Widow, Relict and Administratrix of the same Spencer Cowper, John Cowper Doctor in Divinity, and Ashley Cowper Esquire, Younger Sons of the same Spencer Cowper, Martin Madan Esquire and Judith his Wife, only Daughter of the same Spencer Cowper, Thomas Woodford Esquire, surviving Executor and Trustee of and in the last Will and Testament of the said late Earl Cowper, John Clavering Esquire, Francis Annesley Esquire, and John Eckersall Esquire; praying Leave to bring in a Bill, for establishing and rendering effectual certain Articles of Agreement, bearing Date the Second Day of this Instant March, in the Petition mentioned, made between all the Petitioners, for the Purposes therein expressed:

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

Visc. Middleton & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Alan Lord Viscount Middleton in the Kingdom of Ireland 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 making effectual what has been agreed between Alan Lord Viscount Middleton in the Kingdom of Ireland and his Four Nieces; and for the securing the Payment of Ten Thousand Pounds agreed to be paid them; and to enable him to make good the Agreements of his Marriage Articles."

Alderminister Commons, to enclose, Bill.

A Message was brought from the House of Commons, by Sir Charles Mordaunt and others:

With a Bill, intituled, "An Act for enclosing and dividing the Common Field called Alderminster Common Field, Common Pastures, and other Common Grounds, in the Parish of Alderminster, in the County of Worcester;" to which they desire the Concurrence of this House.

Canterbury Road, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road leading from St. Dunstan's Cross, near the City of Canterbury, to the Water-side at Whitstable, in the County of Kent;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Nowell's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for making effectual Articles of Agreement, touching the Estates late of Roger Nowell the Elder, of Read, in the County of Lancaster, Esquire, and Roger Nowell his Son, lying in the same County and in the County of York; and vesting the said Estates in Trustees, to be sold, for the Payment of Debts, and other Purposes therein mentioned."

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

Ld. Steward.
D. Bolton.
D. Leeds.
D. Montagu.
D. Atholl.
D. Manchester.
D. Bridgewater.
M. Lothian.
E. Pembroke & Montgomery.
E. Suffolk.
E. Northampton.
E. Warwick & Holland.
E. Berkshire.
E. Shaftesbury.
E. Scarbrough.
E. Ilay.
E. Strafford.
E. Cowper.
E. Pomfret.
E. Graham.
E. Kerr.
E. Fitzwalter.
E. Effingham.
Viscount Falmouth.
Epus. London.
L. Bp. Rochester.
L. Bp. Litch. & Cov.
L. Bp. Chester.
L. Bp. Sarum.
L. Bp. Gloucester.
Ld. Harrington, Sec.
L. Lovelace.
L. Carteret.
L. Gower.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Cadogan.
L. Ducie.
L. Monson.
L. Hardwicke.

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Wednesday the 24th Day of this Instant March; and to adjourn as they please.

Mutiny Bill:

Hodie 3a 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, by Mr. Thomas Bennett and Mr. Spicer:

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

Shore's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of an undivided Fourth Part of the Manor of Plumpton, and certain Lands and Hereditaments, in the County of Sussex, the Estate of Elizabeth Shore and her Daughters; and for vesting the Money arising thereby in Trustees, for the same Uses to which the Estate now stands settled."

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 the same Day at the same Place; and to adjourn as they please.

St. George's Hospital, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Subscribers and Contributors to St. George's Hospital, near Hide Park Corner; 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 to enable the Dean and Chapter of St. Peter's, Westminster, to convey a Piece of Ground, with Three Houses thereon, at Knightsbridge, to a Trustee, for the Contributors to St. George's Hospital and their Successors."

Felthusen's Nat. Bill.

Friedrich Felthusen took the Oaths appointed, in order to his Naturalization.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Friedrich Felthusen."

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 Monday next; and to adjourn as they please.

Smith to take the Name of Allgood, Bill.

The Earl of Warwick presented to the House (pursuant to their Lordships Order on Friday last) a Bill, intituled, "An Act to enable George Allgood Esquire, lately called George Smith, and the Heirs Male of his Body, to take and use the Surname of Allgood only, pursuant to the Will of George Allgood Gentleman, deceased."

And the same was read the First Time.

St. Martin's Nightly Watch, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the better regulating the Nightly Watch and Beadles, in the Parish of St. Martin in the Fields, within the Liberties of the City of Westminster."

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 Thursday next; and to adjourn as they please.

Gilbert to take the Name of Cooper, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act to enable John Gilbert Esquire, and the Heirs Male of his Body, to take and use the Surname of Cooper, pursuant to the Will of John Cooper of Thurgarton Esquire, deceased," was committed, be revived; and meet on Friday next.

Acts against Witchcraft, to repeal, Bill.

The House proceeded to take into Consideration the Amendment made by the Commons to Clause (B), added by their Lordships to the Bill, intituled, An Act to repeal the Statute made in the First Year of the Reign of King James the First, intituled, "An Act against Conjuration, Witcheraft, and dealing with evil and wicked Spirits," except so much thereof as repeals an Act of the Fifth Year of the Reign of Queen Elizabeth, against Conjurations, Enchantments, and Witchcrafts."

And the same being read, as follows; (videlicet,)

"Line 16. After ["his"], insert ["or her"];" was agreed to.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Berkeley's Appeal:

The House being moved, "That the Respondents to the Appeal of Henry Berkeley Esquire and others may be required to produce, at the Hearing of this Cause, all such ancient Grants, Charters, and Leases, as are admitted to be in their Custody:"

Grants, &c. to be produced.

It is Ordered, That the said Respondents do produce, at the said Hearing, all such Grants, Charters, and Leases, as were produced by them at the Hearing of the Cause in the Court of Exchequer.

Borlace's Writ of Error put off.

Ordered, That the arguing of the Errors, in the Cause wherein John Borlace and others are Plaintiffs, and John Doe is Defendant, which was appointed for To-morrow, be put off to Thursday next.

Adjourn.

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