House of Lords Journal Volume 26
April 1745, 1-10

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History of Parliament Trust

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1767-1830

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473-482

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'House of Lords Journal Volume 26: April 1745, 1-10', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 473-482. URL: http://www.british-history.ac.uk/report.aspx?compid=114209 Date accessed: 26 July 2014.


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April 1745, 1-10

DIE Lunæ, 1o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Roffen.
Epus. Exon.
Epus. Oxon.
Epus. Wigorn.
Epus. Landavens.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Leeds.
Dux Newcastle.
Dux Portland.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Thanet.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Loudoun.
Comes Stair.
Comes Oxford.
Comes Strafford.
Comes Granville.
Comes Pomfret.
Comes Fitzwalter.
Comes Malton.
Comes Harrington.
Comes Bath.
Viscount Fauconberg.
Ds. Willoughby Par.
Ds. Brooke.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Hervey.
Ds. Somerville.
Ds. Onslow.
Ds. Cadogan.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Sir F. Skipwith's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for appropriating the Sum of Six Thousand Pounds, Part of the Portion agreed on to be paid on the Marriage of Sir Francis Skipwith Baronet with Dame Ursula his Wife; and for Sale of Part of his settled Estate, for discharging his Debts, and securing an Equivalent to his Issue Male in respect thereof," was committed: That they had considered the said Bill, and examined the Allegations thereof; which were 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.

Worcester College, Oxon, Bill.

His Lordship likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of certain Leasehold Estates, late of Sarah Eaton, deceased, and by her devised to the Provost, Fellows, and Scholars, of Worcester College, in the University of Oxford; and for laying out the Money arising thereby in the Purchase of Fee Simple Estates; and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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. of Peterborow's Bill;

Upon reading the Petition of John Cox of London Merchant, One of the Trustees of the Settlement made on the Marriage of the Right Honourable Charles Earl of Peterborow with his now Countess, for and on Behalf of the said Countess; praying, "That he may be allowed to be heard, by himself or Counsel, against the Bill, intituled, "An Act to enable Charles Earl of Peterborow, or the succeeding Heirs of Entail, to sell Lands in the Counties of Kincarden and Aberdeen, for Payment of Debts charged thereupon; and to purchase other Lands, to be settled to the same Uses as the Estate to be sold is settled;" or that the Countess of Peterborow may have Relief with respect to an Annuity settled on her on their Marriage:"

Counsel to be heard.

It is Ordered, That the said Petition be referred to the Consideration of the Lords Committees to whom the said Bill stands committed; and that the Petitioner may be heard, before their Lordships, as desired; as may likewise Counsel be heard for the Bill, at the same Time; and that the Meeting of the said Committee, which is appointed for To-morrow, be put off to Thursday next.

Countess of Roscommon against Fowke, et è contra.

After hearing Counsel in Part, upon the Petition and Appeal of Angel Countess Dowager of Roscommon; complaining of a Decree of the Court of Chancery in Ireland, of the 7th of February 1742, to which Thomas Fowke Esquire is Respondent, et è contra:

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

Adjourn.

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

DIE Martis, 2o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Bedford.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Westmorland.
Comes Berks.
Comes Winchilsea.
Comes Thanet.
Comes Carlisle.
Comes Shaftesbury.
Comes Coventry.
Comes Oxford.
Comes Granville.
Comes Pomfret.
Comes Graham.
Comes Malton.
Comes Harrington.
Comes Leicester.
Viscount Fauconberg.
Ds. Willoughby Par.
Ds. Ward.
Ds. Cornwallis.
Ds. Hervey.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

E. of Orford takes his Seat.

This Day Robert Earl of Orford sat first in Parliament, after the Death of his Father Robert Earl of Orford; his Lordship having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Lastage and Ballastage, regulating, Bill.

A Message was brought from the House of Commons, by Vice Admiral Vernon and others:

With a Bill, intituled, "An Act to continue an Act, made in the Sixth Year of the Reign of His present Majesty, for the better Regulation of Lastage and Ballastage in the River Thames;" to which they desire the Concurrence of this House.

North West Passage, Discovery, Bill.

A Message was brought from the House of Commons, by Sir William Calvert and others:

With a Bill, intituled, "An Act for giving a Public Reward to such Person or Persons, His Majesty's Subject or Subjects, as shall discover a North West Passage, through Hudson's Streights, to the Western and Southern Ocean of America;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Worcester College, Oxon, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of certain Leasehold Estates late of Sarah Eaton, deceased, and by her devised to the Provost, Fellows, and Scholars, of Worcester College, in the University of Oxford; and for laying out the Money arising thereby in the Purchase of Fee Simple Estates; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Sir F. Skipwith's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for appropriating the Sum of Six Thousand Pounds, Part of the Portion agreed on to be made on the Marriage of Sir Francis Skipwith Baronet with Dame Ursula his Wife; and for Sale of Part of his settled Estate, for discharging his Debts, and securing an Equivalent to his Issue Male in respect thereof."

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

It was Resolved in the Affirmative.

Messages to H. C. with the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Allen and Mr. Montague:

To carry down the said Two last mentioned Bills, and desire their Concurrence to them.

Surgeons and Barbers, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for making the Surgeons of London and the Barbers of London Two separate and distinct Corporations," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made One Amendment thereunto."

Which, being read Twice by the Clerk, was agreed to by the House; and is as follows; (videlicet,)

"Press 21, Line 4. After ["August"], insert ["by the Court of Assistants, or the major Part of them, or"]."

Messages from H. C. to return Sir Cha. Gresham's Bill;

A Message was brought from the House of Commons, by Major General Onslow and others:

To return the Bill, intituled, "An Act for vesting Part of the Estate of Sir Marmaduke Gresham Baronet, deceased, in Trustees, to be sold, for Payment of his Debts, and a Legacy of Three Thousand Pounds affecting the same;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Jullian & al. Nat. Bill;

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

To return the Bill, intituled, "An Act for naturalizing Peter Bartholomew Jullian, Peter Sapte, and Thomas Sapte;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Myddelton's Bill;

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

To return the Bill, intituled, "An Act for raising Money out of the Estate entailed by the Will of Sir William Myddleton Baronet, for purchasing an Estate, lying near Chirk-Castle, in the County of Denbigh, to be settled to the Uses of the same Will;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Bassett's Bill;

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

To return the Bill, intituled, "An Act for empowering Trustees to secure and dispose of certain Effects, mentioned in the Will of Nicholas Hooper Esquire, deceased, for the Benefit of the Children of John Bassett Esquire, to whom they are bequeathed;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

and Gould's Bill.

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

To return the Bill, intituled, "An Act for empowering Edward Gould and William Gould Esquires to make Jointures, upon their respective Marriages, out of the Estate devised to them by the Will of Sir Edward Gould Knight, deceased;" and to acquaint this House, that they have agreed to the same, with some Amendments to the Title thereof.

Which, being read Thrice by the Clerk, were agreed to by the House; and are as follow; (videlicet,)

"Line 2. After the First ["Gould"], insert ["Esquire"]; and after the Second ["Gould"], leave out ["Esquires"], and insert ["Clerk"].

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

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

Cooke & al. to amend their Appeal.

Upon reading the Petition of Richard Cooke and Nathaniel Wilkes Esquires; praying, "That they may be at Liberty to amend their Appeal, to which Thomas Smee Clerk is Respondent, by striking out these Words; (videlicet,) "Nor ought your Petitioner Wilkes (as he is advised) to be decreed to pay any Costs to the Plaintiff, before your Petitioner Wilkes became a Party to the said Suit;" the same being inserted therein through a Mistake; the Petitioners amending the Respondent's Copy."

Ordered, That the Petitioners be at Liberty to amend the said Appeal, as desired, on the Condition above mentioned.

Benson & al. against Capt. Vernon.

A Petition of John Vernon Esquire, Respondent to the Appeal of William Benson Esquire and Stephen Whatley Gentleman; praying, "In regard the Appeal Papers, which are very numerous, are not yet transmitted from Ireland; that the hearing this Cause, which stands for Monday next, may be adjourned until such Day after Easter as the House shall think proper."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Ordered, That the said Hearing be put off accordingly, to the First vacant Day for Causes after those already appointed.

Cooke & al. against Smee.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Richard Cooke and Nathaniel Wilkes Esquires are Appellants, and Thomas Smee Clerk is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 26th Day of this Instant April.

Countess of Roscommon against Fowke, et è contra.

After hearing Counsel further, in the Cause wherein Angel Countess Dowager of Roscommon is Appellant, and Thomas Fowke Esquire Respondent, et è contra.

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and the Cause appointed for that Day put off to Friday next; and the other Causes removed in Course.

Adjourn.

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

DIE Mercurii, 3o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Exon.
Epus. Wigorn.
Epus. Bristol.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux Devon, Senescallus.
Dux Beaufort.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
March. Lothian.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Thanet.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Poulet.
Comes Home.
Comes Loudoun.
Comes Oxford.
Comes Granville.
Comes Harborough.
Comes Pomfret.
Comes Fitzwalter.
Comes Harrington.
Comes Bath.
Viscount Fauconberg.
Viscount Falmouth.
Ds. Dudley.
Ds. Willoughby Par.
Ds. Strange.
Ds. Cornwallis.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Surgeons and Barbers, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for making the Surgeons of London and the Barbers of London Two separate and distinct Corporations."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it.

A Message was sent to the House of Commons, by Mr. Allen and Mr. Montague:

To acquaint them, that the Lords have agreed to the said Bill, with One Amendment, whereunto their Lordships desire their Concurrence.

North West Passage, Discovery, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for giving a public Reward to such Person or Persons, His Majesty's Subject or Subjects, as shall discover a North West Passage, through Hudson's Streights, to the Western and Southern Ocean of America."

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

Ld. Steward.
D. Beaufort.
D. Argyll.
M. Lothian.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Carlisle.
E. Aylesbury.
E. Shaftesbury.
E. Oxford.
E. Harborough.
E. Bath.
Vis. Fauconberg.
Vis. Falmouth.
L. Abp. Cant.
L. Bp. Sarum.
L. B. Worcester.
L. B. Lincoln.
L. B. St. Asaph.
L. B. St. Davids.
Ld. Dudley.
L. Willoughby Par.
L. Cornwallis.
L. Hervey.
L. Foley.
L. Bathurst.
L. Monson.
L. Raymond.
L. Fitzwilliam.
L. Sandys.

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

Lastage and Ballastage, regulating, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue an Act, made in the Sixth Year of the Reign of His present Majesty, for the better Regulation of Lastage and Ballastage in the River Thames."

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

D. of Cumberland takes the Oaths.

This Day William Duke of Cumberland took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Royal Highness having first delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Countess of Roscommon against Fowke, et è contra:

After hearing Counsel, as well on Monday last as Yesterday and this Day, upon the Petition and Appeal of Angel Countess Dowager of Roscommon in the Kingdom of Ireland; complaining of a Decree of the Court of Chancery in that Kingdom, of the 7th of February 1742, made in a Cause wherein the Appellant was Plaintiff, and Thomas Fowke Esquire Defendant; and praying, "That the same might be rectified; and that the Appellant might be relieved; and that this House would be pleased to make such Order and Decree as to their Lordships in their great Wisdom should seem meet:" As also upon the Answer of the said Thomas Fowke put in to the said Appeal: And likewise upon the Cross Appeal of the said Thomas Fowke; complaining also of the said Decree; and praying, "That the same might be varied; and that the Appeal of the said Lady Roscommon might be dismissed, with Costs; or that this House would grant the Cross Appellant such further and other Relief as to their great Wisdom should seem meet:" As also upon the Answer of the said Countess Dowager put in to the said Cross Appeal; and due Consideration had of what was offered on either Side in this Cause; and hearing the Judges present, on certain Points of Law to them proposed:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That in the said Decree complained of in the said Appeals, in the Direction for bringing in Deeds, Papers, and Writings, after the Words ["City of Limerick"], these Words be inserted ["and the Lands of Girley, Derialicky, and Derryhee"]; and that, after the Words ["Court, and that"], these Words be omitted, videlicet, [" no Person or Persons do have Inspection or Copies of the said Deeds, Papers, or Writings, without the Order of this Court"]; and that, instead thereof, these Words ["any of the Parties be at Liberty to inspect the same, and take Copies thereof, or of such Parts thereof as they shall think fit, at their own Expence"] be there inserted; and that, in the next Clause but one of the said Decree, after the Word ["Limerick"], these Words be inserted, ["Curraghtown, Girley, Derialicky, and Derrybee"]; and that, in the same Clause, after the Word ["Curraghtown"], these Words be inserted, ["Girley and Derryhee"]; and that after the said Word ["Curraghtown"], these Words be omitted, videlicet, ["And it is further Ordered and Decreed, That it be, and is hereby, referred to Doctor Wall, One of the Masters of this Court, to take an Accompt of what Debts affected the Estate of Sir William Ingoldsby, in the Pleadings mentioned, at the Time of his Death; and what Part thereof has been paid, and by whom; as also what are the Debts affecting the same since his Death; the Amount of such Debts, and by whom contracted; on which said Accompt all just Allowances are to be given: And the better to enable the said Master to proceed on the said Reference, he is to be armed with a Commission to examine such Witnesses as shall be produced before him by either Party: And it is further Ordered, That each Party, Plaintiff and Defendants, be, and are hereby, at Liberty to examine each other, upon Personal Interrogatories, relating to the said Accompt; as also that they do produce, upon Oath, all Deeds, Papers, Evidences, and Books of Accompts, which they, or either of them, have in their Power or Custody, relating to the said Accompt, if the said Master shall see fit; and in case any Matter appears difficult to the said Master in stating the said Accompt, that he do report the same specially; and on Return of the said Report, such further Order will be made as will be fit"]; and that such Part of the said Decree as relates to the said Accompt be, and the same is hereby, reversed: And it is further Ordered and Adjudged, That the said Decree, in all other respects not hereby varied, be, and the same is hereby, affirmed.

E. of Peterborow's Bill.

Whereas To-morrow was appointed, for the Meeting of the Committee upon the Bill, intituled, "An Act to enable Charles Earl of Peterborow, or the succeeding Heirs of Entail, to sell Lands in the Counties of Kincarden and Aberdeen, for Payment of Debts charged thereupon; and to purchase other Lands, to be settled to the same Uses as the Estate to be sold is settled;" and for hearing Counsel, as well for as against the same:

Ordered, That the said Meeting be put off to Thursday next.

Mathew's Divorce, Bill.

Whereas this Day is appointed, for the Third Reading of the Bill, intituled, "An Act to dissolve the Marriage of Daniel Mathew Esquire with Penelope Smith his now Wife; and to enable him to marry again; and for other Purposes therein mentioned:"

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

Linen, &c. stealing, to prevent, Bill.

Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for more effectually preventing the stealing of Linen, Fustian, and Cotton Goods and Wares, in Buildings, Fields, Grounds, and other Places used for printing, whitening, bleaching, or drying, the same:"

Ordered, That the House be put into a Committee thereupon, To-morrow.

Adjourn.

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

DIE Jovis, 4o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Ebor.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Exon.
Epus. Oxon.
Epus. Wigorn.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Bolton.
Dux Bedford.
Dux Marlborough.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Exeter.
Comes Northampton.
Comes Warwick.
Comes Berks.
Comes Thanet.
Comes Sandwich.
Comes Carlisle.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Cholmondeley.
Comes Home.
Comes Loudoun.
Comes Stair.
Comes Oxford.
Comes Strafford.
Comes Granville.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Harrington.
Comes Bath.
Comes Portsmouth.
Viscount Fauconberg.
Viscount Torrington.
Ds. Dudley.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. Strange.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Message from H. C. with a Bill; and to return the Surgeons and Barbers Bill;

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

To return the Bill, intituled, "An Act for making the Surgeons of London and the Barbers of London Two separate and distinct Corporations;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

and Parry's Bill.

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

To return the Bill, intituled, "An Act for Sale of the settled and unsettled Estates of William Parry Esquire; and for purchasing another Estate, of equal Value with the settled Estate, to be settled to the same Uses; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Faxton Common Fields, enclosing, Bill.

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

With a Bill, intituled, "An Act for enclosing and dividing the Common Fields in Faxton, within the Parish of Lamport, in the County of Northampton; and for granting a Recompense to the Rector of the said Parish, in Lieu of his Tithes of the said Common Fields;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

North West Passage, Discovery, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for giving a public Reward to such Person or Persons, His Majesty's Subject or Subjects, as shall discover a North West Passage, through Hudson's Streights, to the Western and Southern Ocean of America," [ (fn. 1) was committed]: That they had considered the said Bill, and examined the Allegations thereof, which were 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."

Keck's Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for (fn. 2) charging, selling, and applying, Part of the settled Estate of Anthony Keck, Esquire, for raising Money, towards the Purchase of the Manors of Dalby and Broughton, in the County of Leicester, contracted for, pursuant to the Will of Anthony Keck his Grandfather; and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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.

Mathew's Divorce Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Daniel Mathew Esquire with Penelope Smith his now Wife; 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 Mr. Allen and Mr. Montague:

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

Regulations to be considered touching Bills of Divorce.

Ordered, That the Lords following be appointed a Committee, to consider what Regulations may be expedient to be made, in relation to all Private Bills that shall, for the future, be brought into this House, for the Dissolution of Marriages; and to report what they shall think proper thereupon:

Ld. President.
Ld. Privy Seal.
D. Beaufort.
D. Argyll.
D. Portland.
M. Lothian.
E. Pembroke.
E. Lincoln.
E. Northampton.
E. Warwick.
E. Coventry.
E. Oxford.
E. Granville.
E. Pomfret.
E. Graham.
Vis. Fauconberg.
Ld. Abp. York.
L. Bp. Rochester.
L. B. Sarum.
L. B. Exon.
L. B. Wigorn.
L. B. Landaff.
L. B. St. Asaph.
L. B. St. Davids.
Ld. Willoughby Par.
L. North.
L. Clifton.
L. Strange.
L. Ward.
L. Berkeley.
L. Cornwallis.
L. Hervey.
L. Foley.
L. Bathurst.
L. Fitzwilliam.
L. Sandys.

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

Justices of Peace, Qualification, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend and render more effectual an Act passed in the Fifth Year of His present Majesty's Reign, intituled, An Act for the further Qualification of Justices of the Peace."

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."

Lastage and Ballastage, regulating, Bill.

The like Proceeding was had, on the Bill, intituled, "An Act to continue an Act, made in the Sixth Year of the Reign of His present Majesty, for the better Regulation of Lastage and Ballastage in the River Thames."

Linen, &c. stealing, to prevent, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for more effectually preventing the stealing of Linen, Fustian, and Cotton Goods and Wares, in Buildings, Fields, Grounds, and other Places used for printing, whitening, bleaching, or drying, the same."

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 made some Amendments thereunto; which he would be ready to report, when the House will please to receive the same."

Ordered, That the said Report be received on Monday next.

Adjourn.

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

DIE Veneris, 5o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Sarum.
Epus. Exon.
Epus. Wigorn.
Epus. Bath & Wells.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Argyll.
Dux Newcastle.
Dux Portland.
March. Tweeddale.
Comes Pembroke.
Comes Northampton.
Comes Winchilsea.
Comes Thanet.
Comes Sandwich.
Comes Shaftesbury.
Comes Coventry.
Comes Poulet.
Comes Aylesford.
Comes Granville.
Comes Fitzwalter.
Comes Malton.
Comes Harrington.
Viscount St. John.
Ds. Willoughby Par.
Ds. Strange.
Ds. Ward.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Keck's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for charging, selling, and applying, Part of the settled Estate of Anthony Keck Esquire, for raising Money, towards the Purchase of the Manors of Dalby and Broughton, in the County of Leicester, contracted for, pursuant to the Will of Anthony Keck his Grandfather; 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 Mr. Thurston and Mr. Montague:

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

North West Passage, Discovery, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for giving a public Reward to such Person or Persons, His Majesty's Subject or Subjects, as shall discover a North West Passage, through Hudson's Streights, to the Western and Southern Ocean of America."

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

It was Resolved in the Affirmative.

Lastage and Ballastage, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to continue an Act made in the Sixth Year of the Reign of His present Majesty, for the better Regulation of Lastage and Ballastage in the River Thames."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Two preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by the former Messengers:

To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.

Faxton Common Fields, enclosing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields in Faxton, within the Parish of Lamport, in the County of Northampton; and for giving a Recompense to the Rector of the said Parish, in Lieu of his Tithes of the said Common Fields."

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

Ld. President.
Ld. Privy Seal.
Ld. Steward.
Ld. Chamberlain.
D. Argyll.
D. Newcastle.
D. Portland.
M. Tweeddale.
E. Pembroke.
E. Northampton.
E. Winchilsea.
E. Thanet.
E. Sandwich.
E. Shaftesbury.
E. Coventry.
E. Poulet.
E. Aylesford.
E. Granville.
E. Malton.
Vis. St. John.
L. Bp. Rochester.
L. B. Sarum.
L. B. Worcester.
L. B. St. Asaph.
L. B. St. Davids.
Ld. Willoughby Par.
L. Strange.
L. Ward.
L. Somerville.
L. Foley.
L. Bathurst.
L. Romney.
L. Monson.
L. Raymond.
L. Ilchester.
L. Fitzwilliam.
L. Sandys.

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

Ouchterlony against Hunter & al.

After hearing Counsel in Part, upon the Petition and Appeal of George Ouchterlony of London Merchant; complaining of several Interlocutors of the Lords of Session in Scotland, to which Archibald Hunter and others are Respondents:

It is Ordered, That the further Hearing of this Cause be adjourned till Monday next; and that the Hearing of the Cause appointed for that Day be put off to the Wednesday following.

Adjourn.

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

DIE Lunæ, 8o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Roffen.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Beaufort.
Dux Portland.
Dux Manchester.
March. Tweeddale.
March. Lothian.
Comes Lincoln.
Comes Exeter.
Comes Northampton.
Comes Warwick.
Comes Berks.
Comes Winchilsea.
Comes Thanet.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Home.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Granville.
Comes Pomfret.
Comes Fitzwalter.
Comes Malton.
Viscount St. John.
Ds. Willoughby Par.
Ds. Strange.
Ds. Ward.
Ds. Hervey.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Luscombe's Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Estate late of Richard Luscombe Esquire, deceased, in the County of Devon, in Trustees, to be sold, for Payment of his Debts and Legacies," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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 by the Clerk, were agreed to by the House.

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

Cambridgeshire Road, Bill.

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

With a Bill, intituled, "An Act to repair and widen the Road leading from Godmanchester, in the County of Huntingdon, through Fen-Stanton and Cambridge, to the First Rubbing House on New-Market-Heath, in the County of Cambridge;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Linen, &c. Stealing, to prevent, Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for more effectually preventing the stealing of Linen, Fustian, and Cotton Goods and Wares, in Buildings, Fields, Grounds, and other Places used for printing, whitening, bleaching, or drying the same," was committed, the Amendments made by the Committee to the said Bill.

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

Justices of Peace Qualification, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to amend and render more effectual an Act passed in the Fifth Year of His present Majesty's Reign, intituled, An Act for the further Qualification of Justices of the Peace."

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. Spicer:

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

Ouchterlony against Hunter & al.

After hearing Counsel further, in the Cause wherein George Ouchterlony of London Merchant is Appellant, and Archibald Hunter and others are Respondents:

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

Adjourn.

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

DIE Martis, 9o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffen.
Epus. Sarum.
Epus. Wigorn.
Epus. Landaff.
Epus. Bath & Wells.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Bedford.
Dux Marlborough.
Dux Argyll.
Dux Newcastle.
Dux Manchester.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Peterborow.
Comes Winchilsea.
Comes Sandwich.
Comes Aylesbury.
Comes Poulet.
Comes Loudoun.
Comes Granville.
Comes Graham.
Comes Fitzwalter.
Comes Harrington.
Viscount Say & Seale.
Ds. Willoughby Par.
Ds. Strange.
Ds. Ward.
Ds. Hervey.
Ds. Somerville.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Monson.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Linen, &c. Stealing, to prevent, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for more effectually preventing the stealing of Linen, Fustian, and Cotton Goods and Wares, in Buildings, Fields, Grounds, and other Places used for printing, whitening, bleaching, or drying the same."

The Question was put, "Whether this Bill, with the Amendments, 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. Spicer:

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

Cambridgeshire Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to repair and widen the Road leading from Godmanchester, in the County of Huntingdon, through FenStanton and Cambridge, to the First Rubbing House on Newmarket Heath, in the County of Cambridge."

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

Ld. President.
D. Bedford.
D. Newcastle.
M. Lothian.
E. Northampton.
E. Warwick.
E. Sandwich.
E. Aylesbury.
E. Loudoun.
E. Granville.
E. Graham.
E. Fitzwalter.
E. Harrington.
V. Say & Seale.
L. B. Rochester.
L. B. Sarum.
L. B. Worcester.
L. B. St. Asaph.
L. B. St. Davids.
L. Willoughby Par.
L. Ward.
L. Harvey.
L. Somerville.
L. Foley.
L. Bathurst.
L. Ilchester.
L. Fitzwilliam.
L. Sandys.

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

Luscombe's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Richard Luscombe Esquire, deceased, in the County of Devon, in Trustees, to be sold, for Payment of his Debts and Legacies."

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.

Message from thence, to return Wright's Bill.

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

To return the Bill, intituled, "An Act for vesting an undivided Moiety of certain Lands in the County of Wilts, comprized in the Marriage Settlement of Robert Wright Clerk, in Trustees, to sell the same, for raising Money, to purchase an entire Farm in the County of Suffolk, to be settled to the Uses of the same Settlement;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Ouchterlony against Hunter & al.:

After hearing Counsel, as well on Friday last as Yesterday and this Day, upon the amended Petition and Appeal of George Ouchterlony of London Merchant; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 12th of January 1742/3; and also of an Interlocutor of the said Lords, of the 24th of November 1743; and likewise of another Interlocutor of the same Lords, of the 21st of December following, adhering to their former Interlocutor of the said 12th of January; and praying, "That the same might be reversed, varied, or amended; and that such other Relief might be given to the Appellant as to this House in their great Wisdom and Justice should seem meet:" As also upon the several Answers of Archibald Hunter and Charles Murray of Stanhope, and the joint and several Answer of Archibald Hunter, Brother of Robert Hunter of Polmood, deceased, Thomas Hunter his Son an Infant, and Veronica Murray Widow of the said Robert, put in to the said Appeal; and due Consideration 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 so much of the said Interlocutor of the 24th of November 1743, whereby it is found, "That the Letter of the 26th of May 1736 was no sufficient Notification of the Dishonour of the Bills paid by the Appellant after the Date of the said Letter;" and also so much of the said Interlocutor of the 21st of December 1743, whereby it is found, "That the said Letter was not a sufficient Notification to entitle the Appellant to Recourse against the said Robert Hunter, for the Bill dated the 19th of March 1736, for Four Hundred Pounds Sterling, paid by the Appellant, supra Protest. on the 18th of May thereafter," be, and the same is hereby, reversed: And it is further Ordered and Adjudged, That the Residue of the said Interlocutors complained of in the said Appeal be, and the same is hereby, affirmed.

Adjourn.

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

DIE Mercurii, 10o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Exon.
Epus. Wigorn.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Tweeddale.
Comes Lincoln.
Comes Exeter.
Comes Berkshire.
Comes Sandwich.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Poulet.
Comes Home.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Granville.
Comes Halifax.
Comes Harborough.
Comes Waldegrave.
Comes Malton.
Comes Orford.
Viscount St. John.
Ds. Willoughby Par.
Ds. North.
Ds. Strange.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Monson.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Cambridgeshire Road, Bill.

The Earl of Sandwich reported from the Lords Committees to whom the Bill, intituled, "An Act to repair and widen the Road leading from Godmanchester, in the County of Huntingdon, through Fen Stanton and Cambridge, to the First Rubbing House on NewmarketHeath, in the County of Cambridge," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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."

Catanach & al. against H. Gordon.

After hearing Counsel in Part, upon the Petition and Appeal of James Catanach Doctor of Laws and Advocate in Aberdeen and others; complaining of Two Interlocutors of the Lords of Session in Scotland, to which Charles Hamilton Gordon Advocate at Edinburgh is Respondent:

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

Adjourn.

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

Footnotes

1 Deest in Originali.
2 Origin. changing.