House of Lords Journal Volume 23: March 1730, 11-20

Journal of the House of Lords Volume 23, 1727-1731. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 23: March 1730, 11-20', in Journal of the House of Lords Volume 23, 1727-1731, (London, 1767-1830) pp. 501-513. British History Online https://www.british-history.ac.uk/lords-jrnl/vol23/pp501-513 [accessed 19 April 2024]

In this section

March 1729, 11-20

DIE Mercurii, 11o Martii.

Domini tam Spirituals quam Temporales præsentes fuerunt:

Epus. London.
Epus. Bath & Well.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Epus. Bangor.
Epus. Landav.		 Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bedford.
Dux Devon.
Dux Montagu.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Chesterfield.
Comes Thanet.
Comes Scarsdale.
Comes Essex.
Comes Litchfield.
Comes Plimouth.
Comes Scarbrough.
Comes Warrington.
Comes Albemarle.
Comes Coventry.
Comes Godolphin.
Comes Sutherland.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Comes Ker.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Cobham.
Viscount Falmouth.		 Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Bruce.
Ds. Byron.
Ds. Lynne.
Ds. Craven.
Ds. Weston.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Wilmington.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.

PRAYERS.

Carre versus Halden.

The Answer of John Halden of Lanerk, to the Appeal of John Carre of Cavers Esquire, was brought in.

St. Mary Stratford, Bow, Minister Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for providing a Maintenance for the Minister of the Parish Church of St. Mary Stratford, Bow, in the County of Middlesex," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

East Wellow Common, to enclose, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enclosing Part of the Waste, or Common, called East Wellow Common, belonging to the Manor and Tithing of East Wellow, in the County of Southampton; and for vesting a certain Annual Rent Charge in Trustees, for the Benefit of the Poor of the Tithing of East Wellow aforesaid for ever."

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. Lightboun and Mr. John Bennet:

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

Sherbrook Hill Road to repair, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, for repairing and widening the Road from Sherbrook-Hill, near Buxton and Chapple in the Frith, in the County of Derby, to Manchester, in the County of Lancaster."

Arcedeckne & Ux. versus Horan & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Mathias Arcedeckne and Mary his Wife are Appellants, and James Horan Gentleman and others are Respondents; and that the Cross Appeal of the said James Horan may be heard at the same Time:"

It is Ordered, That this House will hear the said Causes, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Campbell versus Aikenhead.

The House being moved, "That a Bye-day may be appointed, for hearing the Cause wherein Elizabeth Campbell, Widow of John Campbell Esquire, deceased, is Appellant, and John Aikenbead Respondent:"

Hearing appointed on a Bye-day.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Sixteenth Day of April next, at Eleven a Clock.

Standing Order touching Bills for Exchange of Lands, to be considered.

The House being moved, "To appoint a Day for taking into Consideration the Standing Order of the Nineteenth of February 1705, which directs Committees, to whom Bills for Exchange of Lands shall be committed, to take Care that the Values be fully made out, and that there be an Agreement for the Purchase, and that the Purchase be effectually made and settled as desired in such Bills:"

It is Ordered, That, on Friday next, this House will take the said Standing Order into Consideration, in order to make the same more effectual.

L. Cadogan's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Manor of Okeley, and other Lands, in the County of Bucks, in Trust, for Charles Lord Cadogan and his Heirs; and for settling other Lands, of equal Value, in the Counties of Oxon and Berks, to the same Uses, in Lieu thereof."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Amherst versus Lytton & al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Charles Selby Amherst Esquire is Appellant, and William Robinson Lytton Esquire and others are Respondents.

And the Appellant's Counsel, and One Counsel for the Respondent Lytton, being heard:

They were directed to withdraw.

And being withdrawn:

Judges in Town to attend.

It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow; and that the Judges in Town do then attend this House.

State of the Nation adjourned.

Ordered, That the Consideration of the State of the Nation, which is appointed for To-morrow, be adjourned to that Day Sevennight; and the Lords to be summoned.

Adjourn.

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

DIE Jovis, 12o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Bath & Well.
Epus. Oxon.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Petriburg.
Epus. Bangor.		 Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Graston, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux Bolton.
Dux Bedford.
Dux Devon.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
Comes Leicester.
Comes Warwick.
Comes Berks.
Comes Thanet.
Comes Scarsdale.
Comes Essex.
Comes Burlington.
Comes Litchfield.
Comes Plimouth.
Comes Scarbrough.
Comes Warrington.
Comes Jersey.
Comes Godolphin.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Deloraine.
Comes Oxford.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Comes Ker.
Viscount Hereford.
Viscount Lonsdale.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.		 Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Howard Eff.
Ds. St. John Blets.
Ds. Lovelace.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Guilford.
Ds. Gower.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Wilmington.
Ds. Monson.
Ds. Lovell.

PRAYERS.

Amherst versus Lytton & al.;

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Charles Selby Amherst Esquire, Administrator of Dame Margaret Strode his late Wife, deceased; complaining of a Decree of the Court of Chancery, of the Eighth of November last, and the Enrolment thereof, for Dismission of the Appellant's Bill, and for decreeing the Redemption of the Premises in Question, and the Rents and Profits thereof, to the Respondent Robinson Lytton, made in certain Causes, wherein the Appellant was Plaintiff, and William Robinson Lytton Esquire and others were Defendants, et è contra; and praying, "That the same may be reversed and set aside:" As also upon the Answer of the said William Robinson Lytton, and the Answer of Francis Mascall and James Bedingfeld, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause; and hearing the Judges present, upon certain Questions to them proposed:

Decree affirmed, with Costs to the Mortgagees.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of be, and is hereby, affirmed: And it is hereby further Ordered, That the Appellant do pay, or cause to be paid, to the Respondents Francis Mascall and James Bedingfeld, the Sum of Five Pounds, for their Costs in respect of the said Appeal.

Sir D. O Carroll to put off Sir J. Lambert's Appeal.

Upon reading the Petition of Sir Daniel O Carroll, Respondent to the Appeal of Sir John Lambert Baronet; praying, "In regard he is advised to bring a Cross Appeal, and that several of his Papers necessary to be made Use of in the Cause are beyond Sea, that all Proceedings therein may stand over till the next Session, so as the Petitioner may, at the same Time as he shall put in his Answer, exhibit his Cross Appeal:"

And an Affidavit of the Petitioner annexed, attesting the Truth of the Contents of the Petition, being read:

It is Ordered, That the Consideration of the said Petition be adjourned till Monday next; and that the Petitioner do forthwith give Notice thereof to the said Appellant, or his Agent; and that the Time for the Petitioner's putting in his Answer to the said Appeal be enlarged till Tuesday next.

Sherbrook Hill Road, to repair, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, for repairing and widening the Road from Sherbrook Hill, near Buxton, and Chapple in the Frith, in the County of Derby, to Manchester, in the County of Lancaster."

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

L. Privy Seal.
D. Devonshire.
D. Montague.
D. Kent.
D. Chandos.
E. Warwick.
E. Thanet.
E. Scarsdale.
E. Burlington.
E. Litchfield.
E. Plimouth.
E. Scarbrough.
E. Warrington.
E. Loudoun.
E. Findlater.
E. Marchmont.
E. Oxford.
E. Strafford.
E. Uxbridge.
E. Aylesford.
E. Macclesfield.
Viscount Lonsdale.
Viscount Falmouth.		 L. Bp. London.
L. Bp. Bath & Wells.
L. Bp. Gloucester.
L. Bp. Carlisle.
L. Bp. Hereford.
L. Bp. Bangor.		 L. Delawarr.
L. Fitzwalter.
L. Glinton.
L. Maynard.
L. Bruce.
L. Cornwallis.
L. Lynne.
L. Craven.
L. Gower.
L. Foley.
L. Bathurst.
L. Onslow.
L. Wilmington.
L. Lovell.

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

St. Mary Stratford, Bow, Minister Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for providing a Maintenance for the Minister of the Parish Church of St. Mary Stratford, Bow, in the County of Middlesex."

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. John Bennet and Mr. Lightboun:

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

Sir C. Mordaunt, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Sir Charles Mordaunt Baronet and others was referred; praying Leave to bring in a Bill, for the Purposes in the Petition 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 enlarging the Power of Sir Charles Mordaunt Baronet, to make a Jointure."

Ferguson versus Maitland.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Fergusson of Auchinblain is Appellant, and Mr. William Maitland Respondent:"

L. James Cavendish, Bill.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed."

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Manor of Claxby, and divers Lands and Hereditaments, in the County of Lincoln, the Estate of the Honourable James Cavendish Esquire, in Trustees, to be sold, for discharging Four Thousand Two Hundred Pounds, secured upon those and other Lands," was committed: "That they had considered the said Bill; 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.

Adjourn.

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

Hitherto examined by us,

Bridgewater.
Abingdon.
N. St. David's.

DIE Veneris, 13o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Bath & Well.
Epus. Lich. & Cov.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Epus. Bangar.		 Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Beaufort.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Greenwich.
Dux Chandos.
Dux Bridgewater.
Comes Pembroke & Montgomery.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Thanet.
Comes Litchfield.
Comes Warrington.
Comes Rochford.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Findlater.
Comes Orkney.
Comes Marchmont.
Comes Strafford.
Comes Aylesford.
2. Comes Macclesfield.
1. Comes Bristol.		 Ds. Delawarr.
Ds. Filzwalter.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Onslow.
Ds. Ducie.
Ds. Wilmington.
Ds. Hobart.

PRAYERS.

Satisfatt's Bill.

The Lord Wilmington reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming a Conveyance and Surrenders of certain Freehold and Copyhold Lands, by Roger Satisfatt and Jemima Satisfatt, both Infants, unto Edward Lord Bishop of Coventry and Litchfield," was committed: That they had considered the said Bill; 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.

Sir J. Lumley's Bill.

The Lord Wilmington reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Estate of Sir James Lumley Baronet in Trustees, for raising Money, by Sale or Mortgage thereof, for the Payment of his Debts," was committed: "That they had considered the said Bill; 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.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Pelham Secretary at War and others:

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

Standing Order touching Bills for Exchange of Lands, altered.

The House (according to Order) proceeded to take into Consideration the Standing Order of the Nineteenth of February 1705, which directs Committees to whom Bills for Exchange of Lands shall be committed, to take Care that the Values be fully made out; and that there be an Agreement for the Purchase; and that the Purchase be effectually made and settled as desired in such Bills.

And the said Standing Order being read:

It was proposed, "To alter the former Part, by inserting in the Roll, instead of these Words ["sell Lands in one Place, and buy Lands in another,"] ["empower any Person to sell or dispose of Lands in one Place, and buy or settle Lands in another."]

And the said Alteration, being read by the Clerk, was agreed to by the House.

Lynch versus Dalzeel & al.;

After hearing Counsel, upon the Petition and Appeal of Roger Lynch and John Lynch; complaining of an Order of Dismission of the Court of Chancery, made the Twenty fourth of November last, in a Cause wherein the Appellants were Plaintiffs, and Robert Dalzell, John Everett, and Henry Cartwright, Trustees for The Sun Fire Office of Insurance, were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Robert Dalzell, John Everett, and Henry Cartwright, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Order therein complained of be, and is hereby, affirmed.

L. James Cavendish's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Manor of Claxby, and divers Lands and Hereditaments, in the County of Lincoln, the Estate of the Honourable James Cavendish Esquire, in Trustees, to be sold, for discharging Four Thousand Two Hundred Pounds, secured upon those and other Lands."

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

It was Resolved in the Affirmative.

Message to H. C. with the Bill.

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

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

Foord versus Foord:

The House being informed, "That a Person attended, and desired to deliver in certain Papers and Proceedings, in the Cause wherein William Foord is Appellant, and Ellen Foord, an Infant, by her Guardian, Respondent:"

Pleadings proved.

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

And then he withdrew.

Mutiny and Desertion Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

Adjourn.

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

DIE Lunæ, 16o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath & Well.
Epus. Lich. & Cov.
Epus. Eliens.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Epus. Landav.		 Dux Richmond.
Dux Beaufort.
Dux Montagu.
Dux Kent.
Dux Newcastle.
Dux Chandos.
Dux Bridgewater.
Comes Northampton.
Comes Berks.
Comes Thanet.
Comes Scarsdale.
Comes Essex.
Comes Abingdon.
Comes Warrington.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Marchmont.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Pomfret.
Viscount Hereford.
Viscount Say & Seale.
Viscount Hatton.		 Ds. Delawarr.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Bruce.
Ds. Cornwallis.
Ds. Craven.
Ds. Weston.
Ds. Haversham.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Wilmington.
Ds. Hobart.
Ds. Monson.

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by Virtue of a former Commission.

E. Aberdeen's Appeal brought forward.

Upon reading the Petition of William Earl of Aberdeen; praying, "In regard he is apprehensive his Appeal may not be heard this Session, unless appointed on an earlier Day than on which it now stands, that a Bye-day may be appointed, for hearing the same:"

Thereupon Alexander Ross, the Petitioner's Agent, was called in, and sworn; and acquainted the House, That he gave Notice of this Application to the Respondent's Agent on Friday last."

And being withdrawn:

It is Ordered, That the former Order for hearing this Cause be discharged; and that the said Cause be heard on Thusday the Ninth Day of April next, at Eleven a Clock.

Sir D. O Carroll's Petition rejected.

The House (according to Order) proceeded to take into Consideration the Petition of Sir Daniel O Carroll, for adjourning the Proceeding on Sir John Lambert's Appeal till the next Session.

And the said Petition being read:

And the Agents on both Sides, and the Petitioner himself, attending:

They were called in, and heard touching the Allegations of the said Petition.

And being withdrawn:

It is Ordered, That the said Petition be rejected.

Message from H. C. to return the Bill for enclosing Lillington Commons.

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

To return the Bill, intituled, "An Act for enclosing several Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Lillington, in the County of Warwick;" and to acquaint this House, that they have agreed to the said Bill, with some Amendments, whereunto they desire their Lordships Concurrence.

Mutiny and Defertion Bill.

The House being moved, "That the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters," be read a Second Time on Friday next:"

The same was objected to.

And a nearer Day being proposed:

After Debate;

The Question was put, "Whether the said Bill shall be read a Second Time on Friday next?"

It was Resolved in the Negative.

Protest against reading it a Second Time before the State of the Nation is considered.

Dissentient.

Because we conceive, that the Consideration of the State of the Nation, which is appointed for next Thursday, ought rather to precede than follow that Deliberation which will naturally arise upon the Bill of Mutiny and Desertion, concerning the keeping up, in Time of Peace, a Standing Army, and the Method of governing that Army, if any shall be judged requisite; which is a Subject of such Importance, that we think hardly any Thing of more Moment can fall under our Consideration, or that more requires the clearest Light that can be had, in order to form a Judgement upon it, not unworthy a British House of Peers, zealous for that Freedom which has been delivered down to them from their Ancestors.

"Strafford.
Aylesford.
Hereiord.
Abingdon.
Northampton.
Boyle.
Foley.
Oxford & Mortimer.
Beautort."

Ordered, That the said Bill be read a Second Time on Wednesday next; and the Lords to be summoned.

Address for Articles of War, and List of Officers.

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

As also, "A List of the Promotion of the Officers in the Army, since the Twenty-fifth of March last; distinguishing such of the said Officers as were in His Majesty's Service, or in Half Pay, before the said Twenty-fifth Day of March."

Ordered, That the said Address be presented to His Majesty by the Earl of Cholmondeley and the Lord Delawarr.

Message from H. C. with a Bill.

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

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

Boval versus Theobalds

Counsel (according to Order) were called in, to be heard, in the Cause wherein Frances Boval Widow is Appellant, and Peter Theobald and Joseph Theobald are Respondents.

And the Appellant's Counsel being heard:

They were all directed to withdraw.

And being withdrawn:

It is Ordered, That the further hearing the said Cause be adjourned till To-morrow; and that the Cause wherein Henry Davis Gentleman is Appellant, and Henry Gibbs Respondent, appointed for that Day, be put off to Friday next, and the other Causes on Cause-days removed in Course.

Satisfatt's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming a Conveyance and Surrenders of certain Freehold and Copyhold Lands and Hereditaments, by Roger Satisfatt and Jemima Satisfatt, both Infants, unto Edward Lord Bishop of Coventry and Litchfield."

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. John Bennet and Mr. Kinaston:

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

Adjourn.

Robertus Raymond Miles, Capitalis Justiciar. de Banco Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 17o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Lich. & Cov.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.		 Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Richmond.
Dux Beaufort.
Dux Bolton.
Dux Montagu.
Dux Kent.
Dux Newcastle.
Dux Chandos.
Comes Northampton.
Comes Abingdon.
Comes Warrington.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Rothes.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Marchmont.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Viscount Hereford.
Viscount Townshend.
Viscount Cobham.		 Ds. Delawarr.
Ds. Fitzwalter.
Ds. Cornwallis.
Ds. Lynne.
Ds. Haversham.
Ds. Boyle.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Wilmington.
Ds. Hobart.

PRAYERS.

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

The Earl of Cholmondeley acquainted the House, That he and the Lord Delawarr had (according to Order) presented to His Majesty their Lordships Address of Yesterday; and that His Majesty was pleased to say, He would give Directions to the proper Officers, to lay before this House the Matters desired by the said Address."

Boval versus Theobalds.

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of Frances Boval Widow, and Administratrix of the Goods and Chattels, Rights and Credits, of William Rushley deceased, unadministered by Rebecca Duffay deceased, his late Admistratrix, and also only surviving Executrix of the last Will and Testament of the said Rebecca Duffay; complaining of certain Orders, or Decrees, of the Court of Chancery, made the Twenty-ninth of October 1709, and Seventeenth of November 1724, and Tenth of July 1725, in a Cause wherein the said Rebecca was Plaintiff, and Peter Theobald and John Theobald were Defendants; and in another Cause, wherein the said Peter Theobald and Anne Theobald, Administratrix of the said John Theobald, were Plaintiffs, and the said Rebecca was Defendant; and praying, "That the same may be reversed; and that a Decree made by the Master of the Rolls, the Fourth of June 1709, may be affirmed; or that the Appellant may have such other Relief as to this House shall seem meet:" As also upon the Answer of the said Peter Theobald and Joseph Theobald put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Orders or Decrees affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Orders, or Decrees, therein complained of, be, and the same are hereby, affirmed.

D Beaufort's Bill.

The Lord Bathurst reported from the Lords Committees to whom the Bill, intituled, "An Act for obliging Henry Duke of Beaufort, and Frances Dutchess of Beaufort, and her Children, to take the Surname and Arms of Scudamore, pursuant to a Settlement made by James late Lord Scudamore in the Kingdom of Ireland; and for vesting in the said Duke, in Fee, the Manors of Wickhall and Ditton-Camois, and Lands in the County of Cambridge, late the Estate of the said Lord Scudamore, in Lieu of the Portion provided by him for his Daughter the said Dutchess; and for other Purposes therein mentioned," was committed: That they had considered the said Bill; 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.

Sir J. Lumley's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Estate of Sir James Lumley Baronet in Trustees, for raising Money, by Sale or Mortgage thereof, for the Payment of his Debts."

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. Kinaston and Mr. Thomas Bennet:

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

Well's Nat Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing Nicholas Lewis Well."

Guyon and Guiteau, petition to be added to Well's Nat Bill.

A Petition of James Guyon and Francis Theophilus Guiteau, was presented to the House, and read; praying, That their Names may be inserted in the above-mentioned Bill."

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

Murphy versus Browns.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Samuel Murphy is Appellant, and William Brown and Hugh Brown his Son are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Henriques & al. versus Dutch West India Company, to amend Writ of Error.

Upon reading the Petition of the Dutch West India Company, Defendants in a Writ of Error depending in this House, wherein Jacob Lopes Henriques and others are Plaintiffs; praying Leave to amend the said Writ, according to the Statute Quinto Georgii 1mi, by erasing the Words ["Roberto Eyre"], and instead thereof inserting ["Petro King"]:

It is Ordered, That the Petitioners be at Liberty to amend the said Writ of Error, as desired.

Adjourn.

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

DIE Mercurii, 18o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Bath & Well.
Epus. Lich. & Cov.
Epus. Eliens.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Asaphens.
Epus. Bangor.		 Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Graston, Camerarius.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Bedford.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Peterborow.
Comes Chesterfield.
Comes Thanet.
Comes Essex.
Comes Litchfield.
Comes Abingdon.
Comes Scarbrough.
Comes Warrington.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Godolphin.
Comes Cholmondeley.
Comes Rothes.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Pomfret.
Comes Graham.
Comes Ker.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.		 Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Ashburnham.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Wilmington.
Ds. Hobart.
Ds. Lovell.

PRAYERS.

E. Anglesey's Privilege:

Complaint was made to the House, "That one Peter Connick did, by Direction of one Mr. John Cliffe, in a forcible Manner, pull down Part of a Wall enclosing a Piece of Ground, in the Town of New Ross, in the County of Wexford, in Ireland, and took Possession of the said Piece of Ground, the Estate of the Earl of Anglesey, within the Time of Privilege of Parliament, in Breach of the Privilege of this House."

And thereupon an Affidavit made by Thomas Morris Gentleman; and also an Affidavit of Mary Curren Widow, both of New Ross aforesaid; and likewise an Affidavit, made by Thomas Higginson of Ballykeal, in the said County of Wexford, Gentleman, attesting the Truth of the Matter of the said Complaint, being read:

Connick and Cliffe to be attached, for pulling down a Wall on his Estate in Ireland.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Peter Connick and John Cliffe, and bring them in safe Custody to the Bar of this House, to answer the Matter of the said Complaint: And it is further Ordered, That the Sheriff of the said County of Wexford, or such other Officer of the said County whom it concerns, do forthwith put the said Earl of Anglesey, or such Person as his Lordship shall appoint, into peaceable and quiet Possession of such Part of his said Estate as he, or his Tenants, were in at the Time of pulling down the said Wall as aforesaid; and that the said Earl ought to continue, and is hereby quieted, in the Possession of the same, during this Session of Parliament, and the Privilege of Parliament; and this shall be a sufficient Warrant in that Behalf.

To Francis Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them; and to the Sheriff of the County of Wexford, in the Kingdom of Ireland; and to all Mayors, Bailiffs, Constables, and other Officers, within the said Kingdom, whom it may concern, to be aiding and affisting in the Execution hereof.

D Beaufort's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for obliging Henry Duke of Beaufort and Frances Dutchess of Beaufort, and her Children, to take the additional Surname and bear the Arms of Scudamore, pursuant to a Settlement made by James late Lord Scudamore in the Kingdom of Ireland; and for vesting in the said Duke, in Fee, the Manors of Wickhall and Ditton-Camois, and Lands in the County of Cambridge, late the Estate of the said Lord Scudamore, in Lieu of the Portion provided by him for his Daughter the said Dutchess; 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. Burroughs and Mr. Masham:

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

Articles of War and List of Promotions delivered.

The House being informed, "That Mr. Arnold attended, from the Office of Secretary at War:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Address to His Majesty of Monday last,

The Articles of War intended to be established for the Year ensuing:"

Also, "A List of the Promotion of the Officers in the Army, since the Twenty-fifth of March 1729; distinguishing such of the said Officers as were in His Majesty's Service, or in Half-pay, before the said Twenty-fifth Day of March."

And then he withdrew.

And the Titles of the said Articles and List were read, by the Clerk.

Sherbrook-hill Road to repair, Bill.

The Earl of Warrington reported from the Lords Committees to whom the Bill, intituled, "An Act for making more effectual an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, for repairing and widening the Road from Sherbrook Hill, near Buxton and Chapple in the Frith, in the County of Derby, to Manchester, in the County of Lancaster," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Mutiny and Desertion Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

Proposed, "To commit the Bill."

And the same being objected to;

The Question was put, "Whether the said Bill shall be committed?"

It was Resolved in the Affirmative.

Protest against committing it.

Dissentient.

"Abingdon."

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

The House being moved, "That it be an Instruction to the said Committee, to receive a Clause, or Clauses, to change the Penalties of Death, inflicted by the said Bill, into such Corporal Punishments, not extending to Life or Limb, as shall be inflicted by a Court Martial."

After Debate;

The Question was put thereupon.

And it was Resolved in the Negative.

Then it being proposed, "That it be an Instruction to the said Committee, to receive a Clause, That any Soldier, who hath served Ten Years in One and the same Regiment, shall, upon Application to the Commanding Officer of such Regiment, be discharged from the Service; and that, if any such Soldier so discharged shall, within Four Years after, receive any Listing Money, he shall, for so doing, be punished as a Deserter."

After further Debate;

The Question was put upon the said Proposition.

And it was Resolved in the Negative.

Sir C. Mordaunt's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Power of Sir Charles Mordaunt Baronet, to make a Jointure."

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

Ld. Privy Seal.
L. Steward.
D. Beaufort.
D. Kent.
D. Greenwich.
D. Bridgewater.
E. Northampton.
E. Warwick.
E. Westmorland.
E. Peterborow.
E. Scarbrough.
E. Warrington.
E. Coventry.
E. Findlater.
E. Marchmont.
E. Ilay.
E. Oxford.
E. Strafford.
E. Aylesford.
E. Bristol.
V. Say & Seale.
V. Cobham.
V. Falmouth.		 L. B. Bath & Wells.
L. B. Ely.
L. B. Gloucester.
L. B. Carlisle.
L. B. Chichester.
L. B. Bristol.
L. B. Bangor.		 Ld. Delawarr.
L. Hunsdon.
L. Byron.
L. Cornwallis.
L. Lynne.
L. Haversham.
L. Gower.
L. Montjoy.
L. Foley.
L. Bathurst.
L. Cadogan.
L. Wilmington.
L. Hobart.
L. Lovell.

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

Byrne to amend Appeal.

Upon reading the Petition of Gerald Byrne Gentleman; praying, "In regard the Clerk, in engrossing the Petitioner's Appeal, omitted, in the Prayer thereof, naming Elizabeth Morley; that the may be made a Party, and be ordered to put in her Answer thereto, the other Respondents not having as yet answered:"

It is Ordered, That the said Elizabeth Morley be made a Party to the said Appeal, as desired; and she is hereby required to put in her Answer thereunto, in Writing, on or before Wednesday the Two and Twentieth Day of April next.

Guyon and Guiteaunworn.

James Guyon and Francis Theophilus Guiteau took the Oaths appointed, in order to their Naturalization.

Well's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Nicholas Lewis Well."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom Sir Charles Mordaunt's Bill stands committed:

Their Lordships, or any Five of them; to meet at the same Place, on Friday next; and that the Petition of James Guyon and Francis Theophilus Guiteau, praying to be added to the said Bill, be referred to the said Committee.

Daly's Pet. for Costs, in relation to Eyre's Appeal.

Upon reading the Petition of Laughlin Daly Gentleman, Respondent to the Appeal of John Eyre Esquire; complaining of great Delay, Hardships, and Vexation, used by the Appellant, or Mr. Collier his Agent, in bringing former Appeals of the like Nature, and not prosecuting the same; and praying, "That the said Appellant, or Mr. Collier, may be ordered to pay the Petitioner his Costs, on account of the said Appeals, by a certain Time; or else, that this his Third Appeal may stand absolutely dismissed; and, if the said Costs are paid, that this Appeal may be heard on such Bye-day as shall be thought fit:"

It is Ordered, That the said Petition be taken into Consideration on Saturday next; and that the Petitioner do, in the mean Time, give the said Mr. Collier a Copy thereof; and that he, together with Mr. Sexton, Mr. Duane, and Mr. Lahy, named in the said Petition as Witnesses of some of the Transactions therein mentioned, do attend this House at that Time.

Adjourn.

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

DIE Jovis, 19o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. London.
Epus. Dunelm.
Epus. Bath & Well.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Eliens.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Epus. Asaphens.
Epus. Bangor.		 Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Graston, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Bedford.
Dux Devon.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
Comes Huntingdon.
Comes Pembroke.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Peterborow.
Comes Chesterfield.
Comes Thanet.
Comes Sunderland.
Comes Essex.
Comes Burlington.
Comes Litchfield.
Comes Abingdon.
Comes Plimouth.
Comes Scarbrough.
Comes Warrington.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Grantham.
Comes Cholmondeley.
Comes Sutherland.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.		 Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Howard Ess.
Ds. Hunsdon.
Ds. St. John Blets.
Ds. Lovelace.
Ds. Maynard.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Wilmington.
Ds. Hobart.
Ds. Lovell.

PRAYERS.

Sir J. Lambert versus Sir D. O'Carroll.

The Answer of Sir Daniel OCarroll, to the Appeal of Sir John Lambert Baronet, was brought in.

Sherbrook-hill Road to repair Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, for repairing and widening the Road from Sherbrook Hill, near Buxton and Chapple in the Frith, in the County of Derby, to Manchester, in the County of Lancaster."

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. Burroughs and Mr. Masham:

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

Baynes & al. versus Downes.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Baynes Serjeant at Law, and others, are Appellants, and George Downes is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Lillington Common Fields to enclose, Bill:

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for enclosing several Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Lillington, in the County of Warwick."

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

Press 7. L. 24. After ["Successors"], insert ["and to all and every other Person and Persons whatsoever, and their Heirs, other than the Persons entitled to the Lands and Grounds so intended to be enclosed, and all claiming under them."]

L. 25. Leave out ["and"]; and after ["Interest"] leave out to the Word ["this"] in Line 26th, and instead thereof insert ["Jurisdictions, Franchises, and Privileges, as they, every, or any of them, had before the passing this Act, or ought to have held and enjoyed in case"]."

Message to H. C. that the Lords have agreed to the Amendments to it.

A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Masham:

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

Borlace & al. Pet. touching Queeneborough Common Bill.

Upon reading the Petition of John Borlace Gentleman, George Burton Esquire, and others, Owners and Proprietors of several Parcels of Land, lying and being in the Open and Common Fields of Queeneborough, in the County of Leicester; praying, "That they may be at Liberty to be heard, by their Counsel, before or at the Second Reading of the Bill for enclosing the said Common Fields:"

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

The House was adjourned during Pleasure.

The House was resumed.

Persons having Pensions, to disable from sitting in H. C. Bill:

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

With a Bill, intituled, "An Act for making more effectual the Laws in being, for disabling Persons from being chosen Members of, or sitting or voting in, the House of Commons, who have any Pension during Pleasure, or for any Number of Years, or any Offices holden in Trust for them, by obliging all Persons hereafter to be chosen to serve for the Commons in Parliament to take the Oath therein mentioned;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Saturday next; and the Lords to be summoned.

Motion for a List of Pensions to be laid before the House:

The House being moved, "That an humble Address be presented to His Majesty, that He will be graciously pleased to order to be laid before this House, a List of all Pensions payable by the Crown;"

And a Question being stated thereupon:

The previous Question was put, "Whether that Question shall be now put?"

It was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

1st, Because we think this Question ought to have been put, and passed in the Affirmative; since no Instance could be given, that the List of Pensions was denied, when called for by either House of Parliament; and we cannot imagine there can ever be a more proper Time to address to the Crown for that List to be laid before this House, than when they are to enter upon the Consideration of a Bill which is calculated to prevent the Members of the House of Commons, for the future, from sitting or voting under any undue Influence.

2dly, Because, we conceive, the Refusal of complying with this Question will be mis-interpreted without Doors, whether the Bill shall pass or be rejected; for, in one Case, it will give just Reason to believe, the List of Pensions was filled with Members of the House of Commons; and though this House would concur to prevent the Evil, they were tender of ex posing the Names of particular Persons: In the other Case, it would raise a Jealousy, that there were too many Members of this House, who were upon that List; which Aspersion ought, as we conceive, to have been obviated, by producing those Lists, and making them public, as in former Times has been frequently done.

Berkshire.
Strafford.
Beaufort.
Foley.
Abingdon.
Gower.
Coventry.
Oxford & Mortimer.
Litchfield.
Bathurst.
Aylesford.
Hereford.
Thanet.

State of the Nation:

The Order of the Day, for taking into Consideration the State of the Nation, being read:

Address and Order for Papers.

It is Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order to be laid before this House, the Convention made between His late Majesty and the Landgrave of Hesse Cassell, the Twelfth of March 1726, at Westminster, together with the Engagements His late Majesty has entered into with the said Landgrave, in Pursuance of that Convention, if any such there be:"

Also, "That His Majesty will be graciously pleased to order the proper Officers to lay before this House, an Accompt of what Bullion has been coined since the Year 1713, to this Time; distinguishing each Year:"

And likewife, "That His Majesty will be graciously pleased to order to be laid before this House, Copies of all Letters wrote to or from the Secretaries of State, and Representations of Merchants, relating to the Embargo laid last Summer on the Trading Ships at Jamaica, together with an Account of the Time of the taking off the said Embargo."

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

Ordered, That the Commissioners of Trade and Plantations do lay before this House, an Account of the several Proposals that have been made to them by the Merchants, or that they themselves have formed, relating to the furnishing this Kingdom with Naval Stores from our own Plantations; and also the Establishment of the Governors and Governments of the several Plantations, as they found them when the Board of Trade was first established, and the Variations that have been since made therein, to this Time; and also who are the present Governors, and when appointed.

Ordered, That the further Consideration of the State of the Nation be adjourned till the First Thursday after the approaching Recess; and the Lords to be summoned.

Adjourn.

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

DIE Veneris, 20o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. London.
Epus. Dunelm.
Epus. Bath. & Well.
Epus. Lich. & Cov.
Epus. Eliens.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Epus. Asaphens.
Epus. Bangor.		 Ds. King, Can-cellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Devon.
Dux Kent.
Dux Ancaster & Kesteven, Mag-nus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Berks.
Comes Litchfield.
Comes Abingdon.
Comes Plimouth.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Deloraine.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Comes Halifax.
Comes Harborough.
Comes Macclesfield.
Viscount Hereford.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.		 Ds. Delawarr.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Byron.
Ds. Cornwallis.
Ds. Craven.
Ds. Haversham.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Wilmington.
Ds. Hobart.
Ds. Monson.

PRAYERS.

Mutiny and Desertion 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 Deser tion; and for the better Payment of the Army and their Quarters."

And, after some Time spent therein, the House was resumed.

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

Ordered, That the said Bill be read the Third Time on Monday next.

Horan for a Bye-day to hear Appeal of Arcedeekne.

Upon reading the Petition of James Horan Gentleman, Respondent to the Appeal of Mathias Arcedeckne and his Wife, and also Appellant in a Cross Appeal; praying, "That the said Causes may be set down to be heard on such Bye-day as the House shall think sit, so as that the same may come on together, and be heard this Session:"

Thereupon the Agents on both Sides were called in (Notice having been given, according to the Standing Order, of this Application), and heard touching the Allegations thereof.

And being withdrawn:

It was, upon the Question, Ordered, That this House will hear the said Causes, by Counsel, at the Bar, on Tuesday the One and Twentieth Day of April next.

Against lending Money to Foreign Princes and States, Bill.

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

With a Bill, intituled, "An Act to enable His Majesty to prohibit any Person or Persons, His Majesty's Subjects, or residing within this Kingdom, to advance or lend any Sum or Sums of Money to any Foreign Prince, State, or Potentate, without Licence obtained from His Majesty under His Privy Seal, or some greater Authority;" to which they desire the Concurrence of this House.

The said Bill was read the First Time:

King's Answer to Address of Yesterday.

The Lord Steward acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty their Lordships Address of Yesterday; and that His Majesty was pleased to say, He would give Directions, that the several Matters desired thereby should be laid before this House."

Shrewsbury Roads to repair, Bill.

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

With a Bill, intituled, "An Act for making more effectual an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, for repairing the Roads therein mentioned, between Crackley Bank, in the Parish of Idsall, alias Shifnall, and the Town of Shrewsbury, in the County of Salop;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Davis versus Gibbs:

After hearing Counsel, upon the Petition and Appeal of Henry Davis Gentleman, surviving Executor of Dame Margaret Boreman deceased, and Brother and Heir of his late Sister Elizabeth Gibbs (late Elizabeth Davis deceased); complaining of a Decree made by the Master of the Rolls, the Twenty-seventh of January 1728, in a Cause wherein Henry Gibbs, by Bill of Revivor, was Plaintiff, and the Appellant Defendant; and also of another Decree of the said Master of the Rolls, made the Twenty-first of May 1729; and likewife of an Order made by the Lord Chancellor, confirming the same; and of all subsequent Orders and Proceedings thereon; and praying, "That the said Decrees, Order, and subsequent Proceedings, may be reversed, or varied in such Manner as shall be just:" As also upon the Answer of the said Henry Gibbs put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decrees and Order affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Decrees, Order, and subsequent Proceedings, therein complained of, be, and the same are hereby, affirmed: And it is further Ordered, That the said Appellant do pay, or cause to be paid, to the said Respondent, the Sum of Two Hundred Pounds, for his Costs in respect of the said Appeal.

Adjourn.

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

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