House of Lords Journal Volume 25
March 1738, 11-20

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History of Parliament Trust

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1767-1830

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187-194

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'House of Lords Journal Volume 25: March 1738, 11-20', Journal of the House of Lords volume 25: 1737-1741 (1767-1830), pp. 187-194. URL: http://www.british-history.ac.uk/report.aspx?compid=114080 Date accessed: 31 July 2014.


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March 1737, 11-20

DIE Lunæ 13o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Roffen.
Epus. Hereford.
Epus. Cestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Epus. Oxon.
Epus. Asaphen.
Epus. Bristol.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Beaufort.
Dux Bedford.
Dux Marlborough.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Kingston.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
Comes Derby.
Comes Huntingdon.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Peterborough.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Essex.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Scarbrough.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Loudoun.
Comes Selkirk.
Comes Dunmore.
Comes Bute.
Comes Ilay.
Comes Oxford.
Comes Tankerville.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Comes Malton.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. North.
Ds. Hunsdon.
Ds. Clifton.
Ds. Poulet.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Ducie.
Ds. King.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Talbot.

PRAYERS.

D. Devon, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Duke of Devonshire and Catherine Dutchess of Devonshire his Wife; praying Leave to bring in a Private Bill:

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 Manor of Goldborn, Part of the settled Estate of William Duke of Devonshire, in the County of Lancaster, in the said Duke and his Heirs; and for settling the Manor of Blackwall, in the County of Derby, in Lieu thereof, to the like Uses."

E. Westmeath to amend his Appeal.

Upon reading the Petition of Thomas Earl of Westmeath; praying, "That he may be at Liberty to amend his Appeal depending in this House, by adding the Names of Silvester Reily, John Reily, and James Rogers, as Respondents thereto; and also to alter the Words therein, which mention that the Petitioner is entitled to Two Thirds of the Tithes and Composition in Lieu of Tithes in Question, into Words expressing that he is entitled to Four Ninths thereof; no Answer to the said Appeal being yet put in:"

It is Ordered, That the Petitioner have Leave to amend his said Appeal, in the Particulars desired.

Sir Brian Broughton's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Sir Bryan Broughton Baronet, an Infant, to enter into Marriage Articles, concerning his intended Wife's Portion, notwithstanding his Infancy."

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

L. President.
D. Bedford.
D. Marlborough.
D. Portland.
D. Manchester.
D. Bridgewater.
E. Derby.
E. Huntingdon.
E. Pembroke.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Litchfield.
E. Scarbrough.
E. Coventry.
E. Ilay.
E. Oxford.
E. Cowper.
E. Harborough.
E. Fitzwalter.
Vis. Fauconberg.
L. Bp. Rochester.
L. Bp. Sarum.
L. Bp. St. Davids.
L. Bp. Norwich.
L. Bp. Bristol.
L. Bp. Bangor.
L. Delawarr.
L. Hunsdon.
L. Clifton.
L. Bruce.
L. Lynne.
L. Carteret.
L. Gower.
L. Hervey.
L. Cathcart.
L. Boyle.
L. Foley.
L. Hobart.
L. Monson.
L. Talbot.

Their Lordships, or any Five of them; to meet on Tuesday the 28th Day of this Instant March, at the usual Time and Place; and to adjourn as they please.

Aberbrothock Duty on Beer, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, that shall be brewed for Sale, brought into, vended, tapped, or sold, within the Town of Aberbrothock and Liberties thereof."

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

Blydensteyn, Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Abraham Blydensteyn."

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.

Sir W. Morice's Divorce Bill.

The Order being read, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Sir William Morice with the Lady Lucy Wharton; and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel, as well against as for the same:

Counsel were accordingly called in.

But none appearing in Behalf of the said Lady Lucy, the said Bill was read a Second Time.

And the First Counsel was heard at large, to open the Allegations thereof; and produced several Witnesses, who were sworn, and examined as to Familiarities which passed between Augustus Fitz Roy Esquire, commonly called Lord Augustus Fitz Roy, mentioned in the Preamble of the Bill, and the said Lady Lucy.

And Mary Thomas, who had been the said Lady's Cook Maid, was likewise produced, sworn, and examined; and acquainted the House, "That, on the 13th of June last, in a House at Staines, in the County of Middlesex, she saw the said Lord Augustus and Lady Lucy in Bed together; and mentioned some Circumstances which happened on that Occasion;" but alleged, she could not remember what the said Lady Lucy might say to her the next Morning."

Then Mary Lane, who kept the Post-office at Staines, informed the House, "That several Letters came to her House, from the said Lord Augustus, to the said Lady Lucy."

And the same were read.

As was also an authentic Copy of the Judgement given in the Court of King's Bench, at the Suit of the said Sir William Morice, against the said Lord Augustus; and likewise a Copy of a Definitive Sentence in the Consistory Court of the Bishop of London, for a Divorce.

Which done; and the Second Counsel for the Bill having been heard, to make some Observations on the Evidence produced:

They were all directed to withdraw.

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

Adjourn.

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

DIE Martis, 14o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Dunelm.
Epus. Roffen.
Epus. Hereford.
Epus. Petriberg.
Epus. Cicestriens.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Epus. Oxon.
Epus. Asaphen.
Epus. Bristol.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux Montagu.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Comes Northampton.
Comes Warwick.
Comes Abingdon.
Comes Scarbrough.
Comes Albemarle.
Comes Jersey.
Comes Cholmondeley.
Comes Selkirk.
Comes Dunmore.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Tankerville.
Comes Bristol.
Comes Harborough.
Comes Waldegrave.
Comes Fitzwalter.
Comes Malton.
Viscount Fauconberg.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Bruce.
Ds. Lynne.
Ds. Carteret.
Ds. Cathcart.
Ds. Hay.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. King.
Ds. Monson.
Ds. Lovell.

PRAYERS.

Speen Mead, to enclose, Leave for a Bill.

Upon reading the Petition of the major Part in Value of the Proprietors and Owners of a certain Common Mead, called Speen Mead, in the Parish of Speen, in the County of Berks, in Behalf of themselves and others, Owners and Proprietors of the said Common Mead; praying Leave to bring in a Bill, to enclose the said Common Mead, and divide and allot the same to and amongst the several Owners thereof, to be held by them in Severalty, according to their respective Numbers of Commons and Interest therein:

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

Book of Protests complained of, and Committee appointed.

A Complaint was made to the House, of the printing and publishing a Book, intituled, "A Complete Collection of Protests, from the Year 1641, to the present Year 1737;" mentioned to be printed for W. Webb, near Paternoster Row:

And thereupon the Resolution of this House, of the 27th of February 1698, entered in the Roll of Standing Orders, declaring it to be a Breach of Privilege, for any Person whatsoever to print, or publish in Print, any Thing relating to the Proceedings of this House, without their Lordships Leave, being read:

Ordered, That the Lords following be appointed a Committee, to examine into the printing and publishing of the said Book; and who are the Printers and Publishers thereof; (videlicet,)

L. President.
D. Beaufort.
D. Montagu.
D. Newcastle.
D. Portland.
D. Greenwich.
D. Manchester.
E. Northampton.
E. Warwick.
E. Scarbrough.
E. Cholmondeley.
E. Ilay.
E. Oxford.
E. Rockingham.
E. Tankerville.
E. Harborough.
E. Waldegrave.
E. Fitzwalter.
E. Malton.
Vis. Fauconberg.
Vis. Lymington.
Vis. Harcourt.
Vis. Torrington.
L. Abp. Cant.
L. B. St. Davids.
L. B. Norwich.
L. B. Glocester.
L. B. Oxford.
L. B. St. Asaph.
L. Harrington, Sec.
L. Delawarr.
L. Bruce.
L. Carteret.
L. Hay.
L. Bathurst.
L. Ducie.
L. King.
L. Monson.
L. Lovell.

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

Ordered, That Mr. John Stagg and Mr. Joseph Fox, Booksellers in Westminster Hall, do attend the said Committee.

D. Devonshire's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Manor of Goldborn, Part of the settled Estate of William Duke of Devonshire, in the County of Lancaster, in the said Duke and his Heirs; and for settling the Manor of Blackwall, in the County of Derby, in Lieu thereof, to the like Uses."

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 Wednesday the 29th of this Instant March, at the usual Time and Place; and to adjourn as they please.

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

Aberbrothock, Duty on Beer, Bill.

Ordered, That the Committee appointed to consider of the Bill, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale or Beer, which shall be brewed for Sale, brought into, vended, tapped, or sold, within the Town of Aberbrothock, and Liberties thereof," which is directed to meet To-morrow, do meet on Thursday next.

Adjourn.

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

DIE Jovis, 16o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Hereford.
Epus. Cestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestr.
Epus. Asaphen.
Epus. Bristol.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
2. Dux Marlborough.
1. Dux Bedford.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Comes Derby.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Thanet.
Comes Shaftesbury.
Comes Abingdon.
Comes Scarbrough.
Comes Albemarle.
Comes Coventry.
Comes Loudoun.
Comes Selkirk.
Comes Dunmore.
Comes Bute.
Comes Ilay.
Comes Rockingham.
Comes Bristol.
Comes Cowper.
Comes Pomfret.
Comes Kerr.
Comes Waldegrave.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Harcourt.
Viscount Torrington.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. North.
Ds. Clifton.
Ds. Poulet.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Hervey.
Ds. Hay.
Ds. Bathurst.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.

PRAYERS.

Aberbrothock, Duty on Beer, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale or Beer, which shall be brewed for Sale, brought into, vended, tapped, or sold, within the Town of Aberbrothock, and Liberties thereof," was committed: "That the Committee 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."

Symes & al. Petition referred to Judges.

Upon reading the Petition of Amy Symes and Catherine Symes, Infants, by Slingsby Bethell, of London, Merchant, their Guardian; praying Leave to bring in a Bill, for enabling the said Slingsby Bethell, as Guardian and Trustee for the Petitioners, to join with the other Parties interested, in renewing the Leases holden by the Tenants of the Premises, descended to them from Samuel Symes their Father, on such Terms as the said Trustee shall think fit, for raising thereby Money sufficient for the Maintenance and Education of the Petitioners the Infants, and 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 Justice of the Court of King's Bench and Mr. Justice Comyns; with the usual Directions, according to the Standing Order.

Assizes in Cornwall, Bill.

Ordered, That the Judges do attend this House on Tuesday next, at the Second Reading of the Bill, intituled, "An Act to explain and amend an Act passed in the First Year of the Reign of His late Majesty King George, intituled, An Act for holding the Assize for the County of Cornwal at a convenient Place within the said County."

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.

Protest against it.

"Dissentient.

"Abingdon.
Willoughby De Broke."

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

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

Byde & al. Petition referred to Judges.

Upon reading the Petition of Catherine Byde, Widow of Thomas Byde Esquire, deceased, for herself, and on the Behalf of Thomas Plummer Byde and John Byde, her Two Sons by the said Thomas Byde, who are both Infants, and of the Governor and Company of the New River brought from Chadwell and Amwell to London; praying Leave to bring in a Bill, for empowering the said Thomas Plummer Byde, and his Trustees, to convey the Inheritance of divers Mills, Lands, Tenements, and Hereditaments, in the Parishes of Ware and Amwell, in the County of Hertford, to the Petitioners, the said Governor and Company, according to an Agreement in the Petition mentioned, for enabling them and their Successors to supply the Cities of London and Westminster, and the Suburbs and Liberties thereof, with good and wholesome Water:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and Mr. Justice Comyns; with the usual Directions, according to the Standing Order.

Dover and Rye Harbour, Bill.

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

With a Bill, intituled, "An Act for continuing the Term and Powers granted and given by the Acts passed in the Eleventh and Twelfth Year of the Reign of King William the Third, and in the Ninth and Tenth Years of the Reign of His late Majesty King George, for repairing the Harbour of Dover, in the County of Kent; and for restoring the Harbour of Rye, in the County of Sussex, to its ancient Goodness;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sir William Morice's Divorce, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Sir William Morice Baronet, with Lady Lucy Wharton; and to enable him to marry again; and for other Purposes therein mentioned:"

After some Time, the House was resumed.

And the Lord Monson 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 Veneris, decimum septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 17o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Hereford.
Epus. Petriburg.
Epus. Meneven.
Epus. Glocestr.
Epus. Asaphen.
Epus. Bristol.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux Bolton.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Manchester.
Dux Bridgewater.
Comes Northampton.
Comes Warwick.
Comes Thanet.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Fitzwalter.
Comes Malton.
Viscount Fauconberg.
Ds. Delawarr.
Ds. Clifton.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Cathcart.
Ds. Foley.
Ds. Romney.
Ds. Hobart.
Ds. Monson.
Ds. Talbot.

PRAYERS.

E. of Breadalbane against Menzies.

The joint and several Answer of James Menzies Esquire, and Angus M' Donald, to the Appeal of John Earl of Breadalbane, and His Majesty's Advocate for Scotland, in Behalf of His Majesty, was brought in:

Sir John Stewart against Craufurd.

As was also the Answer of Patrick Craufurd Merchant, to the Appeal of Sir John Stewart and others.

E. Breadalbane against Menzies & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Earl of Breadalbane and His Majesty's Advocate for Scotland are Appellants, and James Menzies and Angus McDonald Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday next.

Dover and Rye Harbour, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Term and Powers granted and given by the Acts passed in the Eleventh and Twelfth Years of the Reign of King William the Third, and in the Ninth and Tenth Years of the Reign of His late Majesty King George, for repairing the Harbour of Dover, in the County of Kent; and for restoring the Harbour of Rye, in the County of Sussex, to its ancient Goodness."

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

Ld. President.
L. Steward.
D. Beaufort.
D. Bolton.
D. Manchester.
D. Bridgewater.
E. Northampton.
E. Warwick.
E. Cowper.
E. Harborough.
E. Fitzwalter.
E. Malton.
Vis. Fauconberg.
L. B. Rochester.
L. B. Hereford.
L. B. Peterborough.
L. B. St. Davids.
L. B. St. Asaph.
L. B. Bristol.
L. Delawarr.
L. Clifton.
L. Bruce.
L. Cornwallis.
L. Carteret.
L. Cathcart.
L. Foley.
L. Romney.
L. Hobart.
L. Monson.

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

Sir Henry Goodrick & al. Petition referred to Judges.

Upon reading the Petition of Sir Henry Goodrick Baronet, John Goodrick Esquire (Eldest Son and Heir of the said Sir Henry Goodrick), and Mary Goodrick, the Wife of the said John Goodrick; praying Leave to bring in a Bill, for Sale of so much of certain Estates in the Petition mentioned, in the County of York, settled on the Petitioner John, as will be sufficient to discharge his Debts; 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 Justice of the Court of King's Bench and Mr. Justice Comyns; with the usual Directions, according to the Standing Order.

Protests printed, Report concerning:

The Lord Delawarr reported from the Lords Committees appointed to examine into the printing and publishing a Book, intitled, "A complete Collection of Protests, from the Year 1641, to the present Year 1737," mentioned to be printed for W. Webb near Paternoster Row; and also to inquire who are the Printers and Publishers thereof: "That the Committee met Yesterday, pursuant to the Direction of the House; and were (according to their Lordships Order) attended by Joseph Fox, a Bookseller in Westminster Hall; who, being shewn the Book complained of, acknowledged that he bought the same of Mr. Cooper in Paternoster Row: Whereupon the Committee gave Directions for the Attendance of the said Cooper; who accordingly attended this Day, and, upon his being examined, owned that he was the Printer and Publisher of the said Book, and had the Profits of the same entirely to himself; but did not own from whom he had the Copy; but said, the Copy was sent to him from a Person unknown, with the Preface in a loose Sheet; and that the Reason why he did not put his Name to the said Book, as Printer thereof, was for Fear of giving Offence; and that he had about Fifty Copies of the said Book by him."

Which Report being read Twice by the Clerk:

Cooper to be attached, and Copies of the Book to be seized.

Ordered, That the Gentleman Usher of the Black Rod, his Deputy or Deputies, do forthwith attach the Body of the said Mr. Cooper, and keep him in safe Custody till further Order of this House; and that the said Gentleman Usher do forthwith seize the several printed Copies of the said Book which are in the Possession of the said Cooper, and deliver the same into the Custody of the Clerk of this House; and this shall be a sufficient Warrant in that Behalf.

To Sir Charles Dalton Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Binbrooke Common, enclosing Bill.

The Earl of Warwick presented to the House (pursuant to their Lordships Order of the 10th of February last) a Bill, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Manor and Parish of Binbrooke, in the County of Lincoln."

And the same was read the First Time.

Rigail, Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Philip Rigail;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Mocre & al. against Mitchell & al.:

This Day being appointed, for hearing Counsel, upon the Petition and Appeal of Robert Moore Esquire, Packington Tomkins and Elizabeth his Wife, Rowland Berkeley Esquire, Eldest Son and Heir of Rowland Berkeley and Mary his Wife, both deceased, and also Executor of Rowland Berkeley, deceased, and George Guy; complaining of a Decree of Dismission, of the Court of Exchequer, of the 18th Day of May last, made in a Cause wherein the Appellants were Plaintiffs, and Simon Mitchell and Henry Byam Wood Defendants; and praying, "That the same may be reversed; and that the Respondents may be ordered specifically to perform certain Articles of Agreement in the Petition mentioned, bearing Date the 24th Day of August 1708; and that this House will give the Appellants such Relief as to their Lordships shall seem meet:"

Counsel were accordingly called in.

And One Counsel only appeared for the Appellants; but none for the Respondents, the said Mitchell appearing himself at the Bar:

The Appellants Counsel acquainted the House, "That the Parties were come to an Agreement, which was reduced into Writing, and signed by all the Parties, except the Respondent Henry Byam Wood, who had not put in any Answer to the said Appeal, and, as it appeared to the House, had assigned his Interest in the Matter in Question to the other Respondent, the said Simon Mitchell."

And thereupon the said Agreement was read, at the Bar.

And the Appellants Counsel having prayed, "That the same may be made the Order and Judgement of this House:"

The Parties were directed to withdraw.

And the said Agreement was read, by the Clerk; and Consideration had thereof:

Judgement by Consent.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled (according to the said written Agreement), That the said Decree complained of in the said Appeal be, and the same is hereby, reversed: And it is further Ordered, That the said Respondent Mitchell do, at the Costs and Charges of the Appellants, within Three Months after the Date hereof, convey and assure, and procure his Trustees to convey and assure, to the Appellants, their Heirs and Assigns, or as they shall direct, the Fee Simple and Inheritance of One Moiety of the Market in Spittlefields, in the County of Middlesex, and One Moiety of Two Thirds of the Market-place and Square of Spittlefields aforesaid, which belonged to Elizabeth Moore, now Elizabeth Hopkins, Wife of John Hopkins, and which have been conveyed to, or in Trust for, the said Respondent Mitchell, being the Premises in Question in this Cause, free from all Encumbrances done by the said Respondent, or his Trustees, or by the said Elizabeth Hopkins or her Husband, upon Payment by the Appellants, unto the said Respondent Mitchell, of the Sum of Two Thousand Pounds, with Interest for the same from this Day, at Four Pounds per Cent. and which Two Thousand Pounds is to be paid within the said Three Months, on executing such Conveyances, and is to be in full Satisfaction of all Claims and Demands whatsoever which the said Respondent Mitchell has or may have against the Appellants, or on the said Estate in Spittlefields, so to be conveyed as aforesaid; and that the Estate in Mortgage to the said Respondent Mitchell do stand a Security for the said Two Thousand Pounds and Interest, till the same shall be paid; and that, upon Payment thereof, the Respondent Mitchell shall, at the like Costs and Charges of the Appellants, assign the said Mortgage and mortgaged Premises to the Appellants, or to such Person or Persons as they shall direct, free from all Encumbrances done by him or by Charles Wood Esquire, deceased, or the Respondent Henry Byam Wood, or any claiming under them: And it is hereby further Ordered, That it be referred back to the said Court of Exchequer, to cause this Order and Judgement to be carried into Execution; and the Deputy Remembrancer to settle the Conveyances, if the Parties differ about the same.

Sir William Morice's Divorce, Bill.

The Lord Monson (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to dissolve the Marriage of Sir William Morrice with Lady Lucy Wharton; and to enable him to marry again; and for other Purposes therein mentioned," 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.

Adjourn.

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

DIE Lunæ, 20o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Hereford.
Epus. Sarum.
Epus. Meneven.
Epus. Norwic.
Epus. Asaphen.
Epus. Bristol.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux St. Albans.
Dux Leeds.
Dux Marlborough.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Comes Derby.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Thanet.
Comes Craufurd.
Comes Bute.
Comes Bristol.
Comes Harborough.
Comes Ker.
Comes Fitzwalter.
Comes Malton.
Viscount Fauconberg.
Viscount Cobham.
Ds. Delawarr.
Ds. North & Guilford.
Ds. Clifton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Talbot.

PRAYERS.

Marquis of Annandale against Countess of Hoptoun.

The Answer of Charles Earl of Hoptoun and Sophia Countess of Hoptoun, to the Appeal of George Marquis of Annandale, was brought in.

Aberbrothock, Duty on Beer, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Stirling, upon every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, vended, tapped, or sold, within the Town of Aberbrothock, and Liberties thereof."

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. Holford and Mr. Thomas Bennet:

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

All Saints Church in Worcester rebuilding, Bill.

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

With a Bill, intituled, "An Act for taking down and re-building the Church of the Parish of All Saints, in the City of Worcester;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bagenall against Dillon: et e contra:

The House being informed, "That Mr. John Dillon attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein Walter Bagenall Esquire is Appellant, and Edmund Dillon Gentleman Respondent; and in the Cause wherein the said Edmund Dillon is Appellant, and the said Walter Bagenall Respondent."

Pleadings proved.

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

And then he was directed to withdraw.

E. Breadalbane against Menzies & al.

Upon reading the Petition of James Menzies and Angus McDonald, Respondents to the Appeal of John Earl of Breadalbane and His Majesty's Advocate for Scotland; praying, "In regard the proper Instructions are not yet come to the Petitioner's Agents, that the hearing this Cause may be put off for a few Days; the Appellants Agent having consented thereunto:"

It is Ordered, That the Hearing of the said Cause be put off to this Day Sevennight.

Sir William Morice's Divorce, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Sir William Morice Baronet with Lady Lucy Wharton; and to enable him to marry again; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by the former Messengers:

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

Jervoise & al. for exchanging Lands in Wiltshire, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for exchanging Part of the Glebe Lands and Hereditaments belonging to the Rector of Stratford Toney, in the County of Wilts, for other Lands belonging to the Lord of the Manor," 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.

Studholme's Bill.

The Earl of Warwick made the like Report from the Committee to whom the Bill, intituled, "An Act for confirming and establishing an Agreement between William Studholm Gentleman and Cuthbert Hodgson Gentleman, in relation to the Will and Estate of Michael Studholm Esquire, deceased," was committed.

And the same Order was made.

Sir James Stewart & al. against Craufurd.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir John Stewart and others are Appellants, and Patrick Craufurd is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday Sevennight.

Ferrand & al. to be added to Nat. Bill:

A Petition of Benjamin Ferrand, John Bunassy, Charles Belliard, and Carel Reinholt, was read; praying, "That their Names may be inserted in the Bill depending in this House, for naturalizing John Justin Bruningk, Peter Untzellman, and Henry Klencke."

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

Also, a Petition of John James Stephani, John Mackelcan, and Jacob Nortzell, was read, to the same Purpose.

And the like Order was made.

Persons sworn.

Then all the Petitioners abovementioned were called in; and, at the Bar, took the Oaths appointed, in order to their Naturalization.

Bruningk & al. Nat Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Justin Bruningk, Peter Untzellman, and Henry Klencke."

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

L. President.
L. Steward.
L. Chamberlain.
D. Marlborough.
D. Portland.
D. Manchester.
E. Derby.
E. Pembroke.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Harborough.
E. Ker.
E. Fitzwalter.
E. Malton.
Vis. Fauconberg.
L. B. Rochester.
L. B. Hereford.
L. B. Sarum.
L. B. St. Davids.
L. B. Norwich.
L. B. St. Asaph.
L. B. Bristol.
L. B. Bangor.
L. Delawarr.
L. Clifton.
L. Cornwallis.
L. Lynne.
L. Craven.
L. Carteret.
L. Gower.
L. Hervey.
L. Romney.
L. Cadogan.
L. Ducie.
L. Hobart.
L. Monson.

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

Petitions referred.

Ordered, That the Petitions abovementioned, which were ordered to lie on the Table till the said Bill was read a Second Time, be referred to the said Committee.

Rigail, Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Philip Rigail."

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.

Earl and Countess Hoptoun against Marquis Annandale.

Upon reading the Petition and Cross Appeal of Charles Earl of Hoptoun and Henrietta Countess of Hoptoun his Wife; complaining of so much of an Interlocutory of the Lords of Session in Scotland, of the 24th of June 1736; and of an Interlocutor of the 31st of January last, as found the Defender, the Marquis of Annandale, in as far as he was liable on the Act of Parliament 1695, intituled, "An Act for obviating the Frauds of Apparand Heirs," that Relief was competent to him, as in the Appeal is mentioned; and praying, "That the same may be reversed; and that the Appellant may have such Relief as to this House shall seem meet:"

It is Ordered, That the said George Marquis of Annandale may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Monday the 17th Day of April next; and that Service of this Order on the said Marquis of Annandale's Agent in the Court below be deemed good Service.

Scot & al. against Magistrates of Glasgow.

Upon reading the Petition and Appeal of Andrew Scot Deacon, and the other Members, of the Incorporation of Baxters of Glasgow; complaining of an Interlocutor of the Lords of Session in Scotland, of the 31st of January last, in so far as concerns the Quality adjected thereto, "That the Regulation of the Magistrates should take Place or continue until the Event of discussing the Suspension;" and also complaining of another Interlocutor of the said Lords, the 21st of February last, refusing the Desire of the Appellants Petition; and also of another Interlocutor of the said Lords, of the 24th of the same February, refusing the Desire of the Appellants Second Petition; and praying, "That the said Interlocutors may be reversed, amended; or varied; and that such Injunction may be given, for the Appellants Redress and Relief, as to this House shall seem meet; and that the Magistrates and Town Council of Glasgow may be ordered to answer the said Appeal:"

It is Ordered, That the said Magistrates and Town Council of Glasgow may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 17th Day of April next; and that Service of this Order on their Procurators or Agents in the Court below be deemed good Service.

Lady Lawley against Judith Lawley & al.

Upon reading the Petition and Appeal of Elizabeth Halpenn, commonly called Lady Lawley, Wife of Mark Halpenn; complaining of several Orders of the Court of Exchequer, of the 6th of May, the 28th of November, and the 25th of February last, made in a Cause wherein Joseph Butler, since deceased, and Judith his Wife, and George Bateman Lawley, an Infant, by his Guardians, were Complainants, and the said Mark Halpenn and the Appellant Defendants; and praying, That the same may be reversed and set aside; and that the Appellant may have such other Relief as to the House shall seem meet:"

It is Ordered, That Judith Lawley, and the said George Bateman Lawley, and Richard Allen, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 3d Day of April next.

Adjourn.

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