House of Lords Journal Volume 25: March 1738, 1-10

March 1738, 1-10

DIE Mercurii, 1^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Late E. of Anglesey's Will, Bill for exemplifying.

The Lord Bishop of Bristol reported from the Lords Committees to whom the Bill, intituled, "An Act for exemplifying the last Will of Arthur late Earl of Anglesey, and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

L. Inchiquin's Petition referred to Judges.

Upon reading the Petition of Charles Earl of Selkirk, Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, and Sir Thomas Saunderson Knight of the most Noble Order of the Bath, for and on the Behalf of Morough O'Brien, commonly called Lord O'Brien, an Infant of the Age of Six Years, Eldest Son and Heir Apparent of William Earl of Inchiquin in the Kingdom of Ireland, by Anne Countess of Orkney his Wife, and of the said William Earl of Inchiquin; praying Leave to bring in a Bill, for Sale of a competent Portion of the said Earl of Inchiquin's Estate, not exceeding Two Thousand Two Hundred Pounds per Annum, comprized in his Marriage Settlement, for Payment of the Debts and Incumbrances affecting the same, and other Purposes in the Petition mentioned:

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

Worth & al. Petition referred to Judges.

Upon reading the Petition of Henry Worth Gentleman (on Behalf of himself and John Worth Esquire his Brother, a Lunatic), Bampfylde Worth, Simon Worth, Reginald Worth, George Morrice and Elizabeth his Wife (formerly Elizabeth Worth), on the Behalf of themselves; and Dorothy, Susanna, and Samuel Worth (which Three Persons last named are Infants): and they the said Henry Worth, Bampfylde Worth, Simon Worth, Reginald Worth, Elizabeth Morrice, Dorothy Worth, Susanna Worth, and Samuel Worth, are the only surviving Younger Children and Daughters of John Worth, late of Worth, in the County of Devon, Esquire, deceased, by Elizabeth his Wife, also deceased; and also of Henry Worth, Eldest Son of Thomas Worth Clerk, deceased; praying Leave to bring in a Bill, for Sale of Part of an Estate in the Petition mentioned, in the County of Devon, belonging to the Petitioner's late Father, for Payment of his Debts, and discharging the Portions of his Younger Children:

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

Bridges & al. Petition referred to Judges.

Upon reading the Petition of William Bridges Esquire, John Bridges his Son and Heir Apparent and Margaretta his Wife, John Robinson, and Benjamin Allicock Esquire; praying Leave to bring in a Bill, for Sale of Part of an Estate in Barton Seagrave, in the County of Northampton, not exceeding Two Hundred and Fifty Pounds per Annum, in order to discharge a Mortgage made thereof, for Five Thousand Pounds, and Interest; and for other Purposes in the Petition mentioned:

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

Banks, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Joseph Banks Elder and Younger; praying Leave to bring in a Private Bill:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for explaining a Power contained in an Act of Parliament made in the Ninth Year of the Reign of His present Majesty, for enabling several Persons, claiming under the Will of Joseph Banks Esquire, to make Jointures; and for making the same Power more essectual, for the Purposes thereby intended."

Sir W. Morice Leave for a Bill to dissolve his Marriage.

Upon reading the Petition of Sir William Morice Baronet; praying Leave to bring in a Bill, to dissolve his Marriage with the Lady Lucy Wharton; and to enable him to marry again; and for other Purposes in the Petition mentioned:

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

M of Lothian & al. to amend Appeal.

Upon reading the Petition of William Marquis of Lothian, present Provost of the Borough of Jedburgh, and others, Baillies, Dean of Guild, Treasurer, and Council, of the said Borough, for themselves as Magistrates, and in Name and Behalf of the Inhabitants and Community thereof adhering to them; praying, "That they may have Liberty to amend their Appeal, by adding certain Interlocutors of the Lords of Session in Scotland, in the Petition mentioned; or such Parts thereof as they are advised they are aggrieved by, no Answer being yet put in:"

It is Ordered, That the Petitioners have Liberty to amend their said Appeal, as desired; they amending the Respondents Copy.

Mutiny Bill.

A Message was brought from the House of Commons, by Sir William Younge 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.

The said Bill was read the First Time.

Ordered, That the same be read a Second Time To-morrow Sevennight; and the Lords to be summoned.

Mackenzie against M. of Powis & al.:

After hearing Counsel, upon the Petition and Appeal of George Mackenzie Esquire; complaining of a Decree of the Court of Exchequer, of the 3d Day of December last, made in a Cause wherein the Appellant was Plaintiff, and William Marquis of Powis and Robert Garden Gentleman were Defendants; and praying, "That the same may be reversed, and such other Relief given the Appellant as to the House shall seem meet:" As also upon the Answers of the said Defendants put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That this Addition be made to the said Decree, (videlicet,) ["and that, in such Action or Actions to be brought at Law, the Respondent the said Marquis shall not be permitted to plead or insist on the Statute of Limitations"]: And that, in the Close of the said Decree, touching the Reservation of Costs, leave out ["is"], and instead thereof insert ["and all further Directions are"]: And it is further Ordered and Adjudged, That the said Decree, with the Addition and Variation abovementioned, be, and the same is hereby, affirmed.

Address for Articles of War, and Promotion of Officers.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House the Articles of War intended to be established for the Year ensuing: And also, a List of the Promotion of the Officers of the Army since the 25th of March 1737; distinguishing such of the said Officers as were in His Majesty's Service, or in Half Pay, before the said 25th of March, with the Dates of the Commissions of such Officers."

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

Adjourn.

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

DIE Veneris, 3^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Aylmer against Alcock.

The Answer of William Alcock Esquire, to the Appeal of Mary Aylmer Widow, was brought in.

Late E. of Anglesey's Will, for Exemplification of, Bill:

The House being moved, "That the Bill, intituled, "An Act for exemplifying the last Will of Arthur late Earl of Anglesey, and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland," be now read the Third Time:"

Henderson's Petition, on Behalf of the present Earl, against it, rejected:

A Petition of William Henderson Gentleman, Agent for Richard Earl of Anglesey, was presented, and read; praying, "That the Third Reading of the said Bill may be put off to a reasonable Time, to be limited by the House; and that the said Earl, who is at present in Ireland, may be heard, by his Counsel, against the passing thereof, as he shall be advised."

After Debate;

Ordered, That the said Petition be rejected.

Then the said Bill was read the Third Time.

And the Question being 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. John Bennet and Mr. Thurston:

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

Bank's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for explaining a Power contained in an Act of Parliament, made in the Ninth Year of the Reign of His present Majesty, for enabling several Persons, claiming under the Will of Joseph Banks Esquire, to make Jointures; and for making the same Power more effectual, for the Purposes thereby intended."

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

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

Jervoise & al. Leave for a Bill, to exchange Lands in Wilts:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Jervoise Esquire and John Bampton Clerk; praying Leave to bring in a Private Bill:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for exchanging Part of the Glebe Lands and Hereditaments belonging to the Rector of Stratford Toney, in the County of Wilts, for other Lands belonging to the Lord of the Manor."

Studholme & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Studholme Gentleman and others; praying Leave to bring in a Private Bill:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming and establishing an Agreement between William Studholme Gentleman and Cuthbert Hodgson Gentleman, in relation to the Will and Estate of Michael Studholme Esquire, deceased."

May, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas May Esquire; praying Leave to bring in a Private Bill:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Trustees to grant Building Leases of certain Messuages, in the Parishes of Saint Martin in the Fields and Saint Clement Danes, in the County of Middlesex, late the Estate of Henry May Esquire, deceased."

Sir D. Lever against Andrews.

After hearing Counsel, in Part, upon the Petition and Appeal of Sir Darcy Lever Knight, to which John Andrews Gentleman 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 & in diem Sabbati, quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 4^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King's Answer to Address for Articles of Wat.

The Earl Fitzwalter acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty their Lordships Address, for the Articles of War, and List of the Promotion of the Officers of the Army; and that His Majesty had been pleased to order the same to be laid before this House accordingly."

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

Hodie 2^a vice lecta est Billa, intituled, "An Act for exchanging Part of the Glebe Lands and Hereditaments belonging to the Rector of Stratford Toney, in the County of Wilts, for other Lands belonging to the Lord of the Manor."

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

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

Studholme's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and establishing an Agreement between William Studholme Gentleman and Cuthbert Hodgson Gentleman, in relation to the Will and Estate of Michael Studholme Gentleman, deceased."

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

Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.

May's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Trustees to grant Building Leases of certain Messuages, in the Parishes of St. Martin in the Fields and Saint Clement Danes, in the County of Middlesex, late the Estate of Henry May Esquire, deceased."

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

Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.

Sir D. Lever against Andrews:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Sir Darcy Lever Knight; complaining of a Decree of the Court of the Dutchy Chamber of Lancaster, pronounced the 3d Day of February 1736, made in a Cause wherein John Andrews Gentleman was Plaintiff, and the Appellant by the Name of Darcy Lever Esquire Defendant; and in a Cross Cause, wherein the Appellant was Plaintiff, and the said John Andrews Defendant; and praying, "That the same may be reversed; and that the said John Andrews may come to an Accompt with the Petitioner for the Rents and Profits of the Estate in Question, and be restrained from proceeding at Law in the Ejectment brought by him; and be decreed to deliver the Petitioner Possession of the said Estate; and may be compelled to convey the Premises to the Petitioner and his Heirs, in Execution of the Trust reposed in him; and that the Petitioner may be decreed to hold the said Premises, against the said John Andrews and his Heirs; and that his Bill, as against the Petitioner, be dismissed with Costs; and that he may have such other Relief as to the House shall seem meet:" As also upon the Answer of the said John Andrews put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Inheritance of the Premises in Question is vested in the Respondent, in Trust for the Appellant and his Heirs: And it is hereby Ordered and Adjudged, That the Decree complained of in the said Appeal be, and is hereby, reversed; and that the Respondent do, at the Charge of the Appellant, convey the legal Estate of the Premises in Question to the Appellant and his Heirs; and if the Parties differ about the Conveyance, the Clerk of the said Court, or his Deputy, to settle the same: And it is further Ordered, That the Respondent do forthwith deliver Possession of such Part of the Premises in Question as is in the Possession of the Respondent, or any of his Under-tenants, to the Appellant; and do also deliver to the Appellant all Deeds and Writings in his Custody or Power (if any such there be), relating to the Premises in Question, upon Oath; and do come to an Accompt with the Appellant, before the Clerk of the said Court, or his Deputy, for the Rents and Profits thereof received by the Respondent, or by any other Person by his Order, or for his Use, and pay to the Appellant what shall be found due on the said Accompt, after a Deduction of all just Allowances; and that, for the better taking such Accompt, the Respondent be examined on Interrogatories, as the said Clerk or his Deputy shall direct; and do produce, upon Oath, all Books, Papers, and Writings, relating thereto, as the said Clerk or his Deputy shall direct: And it is further Ordered, That the Respondent's Bill be dismissed; and that no Costs be paid on either Side hitherto; but that the Costs of taking the Accompt hereby directed, and all other subsequent Costs, be reserved till after the said Clerk, or his Deputy, shall have made his Report: And it is further Ordered, That the said Court do give all necessary and proper Directions for carrying this Order and Judgement into due Execution.

Adjourn.

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

DIE Lunæ, 6^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Blydesteyn, Nat. Bill.

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

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

Nottingham, &c. Road Bill.

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

With a Bill, intituled, "An Act for repairing the Road leading from the Trent Bridge, in the County of the Town of Nottingham, through Costock otherwise Cortlingstock Lane, to the Bridges commonly known by the Name of Cotes-Bridges, in the County of Leicester;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Sir Brian Broughton's Petition referred to Judges.

Upon reading the Petition of Sir Brian Broughton, of Broughton, in the County of Stafford, Baronet, only Son and Heir of Sir Brian Broughton, late of the same Place, Baronet, deceased, and Infant, by Dame Elizabeth Broughton his Mother and Guardian; praying Leave to bring in a Bill, to enable him to make (with his said Mother's Consent) such provisional Agreements as shall be thought proper, touching the Portion of any Woman he shall marry in his Minority:

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

D. of Bedford's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting divers Lands and Hereditaments, in the Counties of Kent, Suffolk, Essex, Hereford, and Monmouth, and the City of London, entailed by the Will of Elizabeth late Dutchess of Bedford, in John Duke of Bedford, in Fee Simple; and for settling other Estates, in the Counties of Bucks and Hertford, of greater Value, to the like Uses, in Lieu thereof," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Lynch against Killikelly.

Upon reading the Petition of Francis Lynch Merchant; setting forth, "That some of the Respondents to the Petitioner's Appeal have put in their Answer; but that one Catherine Killikelly, by Mistake of the Petitioner in serving the former Order of this House on the Respondents Six Clerk in the Court of Chancery in Ireland, has not put in her Answer;" and praying, "That a new Order may be granted, for her to answer at such Time as the House shall think fit:"

It is Ordered, That the said Catherine Killikelly do put in her Answer to the said Appeal in Five Weeks; and that Service of this Order on her Six Clerk in the said Court be deemed good Service.

Brabazon against Lord Dudley & Ward.

Upon reading the Petition of Edward Brabazon Esquire; praying, "That the Hearing of his Appeal, to which the Lord Dudley and Ward is Respondent, which stands for Wednesday, may be put off to such further Time as the House shall think proper; the Agreement between the Parties not being yet perfected:"

It is Ordered, That the Hearing of the said Cause be put off to Wednesday the 5th Day of April next.

Hepburne's Petition to put off his Cause, rejected.

A Petition of James Hepburne Younger, of Humbie, was presented, and read; representing, "That he was unable to bring the proper and necessary Instructions to his Agents and Counsel here until Friday last; when it was impossible for them to be prepared against this Day, the Time his Appeal stands appointed to be heard;" and praying, "That the said Hearing may be put off for such reasonable Time as the House shall think fit, that his Counsel and Agents may, in the mean Time, be properly instructed and prepared."

And thereupon Mr. Ross the Petitioner's Agent, and Mr. Bailey the Respondent's Agent, were called in.

And the latter, being asked, owned at the Bar, "He had Notice of this Petition on Saturday last;" but said, "He had before that Time feed his Counsel; and that they were attending without, ready for the Hearing."

Then Mr. Ross informed the House, "That he received the Papers but on Friday, which were very long; and knew nothing more why they were brought no sooner than what is mentioned in the Allegations of the Petition."

They were directed to withdraw.

Proposed, "To put off the Hearing till Wednesday next."

Whereupon it was agreed, to call in the Agents again, to know of the Petitioner's Agent if he could be ready by that Time.

Accordingly the Agents were called in a Second Time.

And the Petitioner's Agent being asked, "If he could be ready by Wednesday next?"

He answered, "It was impossible; but believed he could be ready by Friday."

They were again directed to withdraw.

Ordered, That the Petition be rejected.

Then the following Order and Judgement was made, and agreed to; (videlicet,)

Hepburne against Hepburne: Judgement.

"This Day being appointed, for hearing Counsel, upon the Petition and Appeal of James Hepburne Younger of Humbie; complaining of an Interlocutor of the Lords of Session in Scotland, of the 25th of June 1736; and of several Interlocutors of the Lord Ordinary, of the 2d, 22d, and 26th of July following; and of Two Interlocutors of the said Lords of Session, of the 11th of November and 1st of December next; and also of several Interlocutors of the Lord Ordinary, of the 17th, 21st, and 29th of January, and 4th of February, 1736/7; and likewise of an Interlocutor of the said Lords of Session, of the 11th of the same February, made on the Behalf of John Hepburne of Humbie, Esquire;" and praying, "That the same may be reversed; and that the Appellant may have such other Relief as to the Wisdom of this House shall seem proper; to which Appeal the said John Hepburne is Respondent: Counsel accordingly appeared for the said John Hepburne; but none for the Appellant. And the Respondent's Counsel having, at the Bar, prayed an Affirmance of the said Interlocutors with Costs; they were directed to withdraw. And being withdrawn: 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 Interlocutors therein complained of be, and the same are hereby, affirmed."

Adjourn.

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

DIE Martis, 7^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

D. of Bedford's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Hereditaments, in the Counties of Kent, Suffolk, Essex, Hereford, and Monmouth, and the City of London, entailed by the Will of Elizabeth late Dutchess of Bedford, in John Duke of Bedford, in Fee Simple; and for settling other Estates, in the Counties of Bucks and Hertford, of greater Value, to the like 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. Elde and Mr. Allen:

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

Nottingham &c. Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from the Trent Bridge, in the County of the Town of Nottingham (through Costock otherwise Cortlingstock Lane), to the Bridges commonly known by the Name of Cotes Bridges, in the County of Leicester."

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

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

Blydesteyn, Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Abraham Blydesteyn."

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

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

Articles of War, &c. delivered.

The House being informed, "That a Person from the Office of Secretary at War attended:"

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

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

And also, "A List of the Promotion of the Officers of the Army, since the 25th of March 1737."

And then he was directed to withdraw.

And the Titles of the said Articles and List were read.

Ordered, That the same do lie on the Table.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales (in his Robes) sitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker:

He, after a short Introduction in relation to the Malt Bill to be passed, delivered the same to the Clerk; who brought it to the Table; where the Clerk of the Crown read the Title, as follows; (videlicet,)

Malt Bill passed.

"An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Thirty-eight."

To which the Royal Assent was pronounced, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Sir W. Morice to dissolve his Marriage, Bill:

The Lord Monson presented to the House (pursuant to their Lordships Order on Wednesday last) a Bill, intituled, "An Act to dissolve the Marriage of Sir William Morice with Lady Lucy Wharton; and to enable him to marry again; and for other Purposes therein mentioned."

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time on Monday next, and Notice thereof affixed on the Door of this House; and the Lords to be summoned; and that the said Sir William may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Lady Lucy may have a Copy of the said Bill; and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the same, at the said Second Reading.

Witnesses to attend.

Ordered, That Mrs. Juliana Cleveland, Mrs. Mary Lane, Mrs. Anne Dare, Mrs. Lucy Young, Mrs. Sarah Young, Mrs. Anne Eglestone, Mrs. Mary Thomas, Mr. George Gernier, Mr. Francis Yeo, John Vevers, John Faulkner, George Anderson, and John Jasper Esquire, do attend this House on Monday next, in order to be examined, as Witnesses, upon the Matter of the said Bill.

Clerks' Petition referred to Judges.

Upon reading the Petition of Dorothea Clerk, otherwife Maxwell, Wife of George Clerk Esquire, Second Son of Sir John Clerk One of the Barons of His Majesty's Court of Exchequer in Scotland, and of the said George Clerk the Husband, and of James Areskine the only Younger Son of Charles Areskine Esquire, His Majesty's Advocate for Scotland, and of the said Charles Areskine for his said Son, who is under Age; praying Leave to bring in a Bill, to enable the Petitioner Dorothea Clerk and her said Husband to sell to any Person, not under the Rate mentioned in a Decree of the Court of Session in Scotland, the Lands, Tenements, and Premises, in the Petition mentioned, lying in the Stewartry of Kirkeudbright, for discharging the Sum of One Thousand Seven Hundred Fifty-nine Pounds, One Shilling, and Six Pence Halfpenny, Sterling, wherewith the said Estate is burthened; and for laying out the Residue of the Money which shall arise by such Sale in the Purchase of other Lands, more conveniently situated; and for other Purposes in the Petition expressed:

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

Adjourn.

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

DIE Jovis, 9^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

E. Leicester takes his Seat.

This Day Joceline Earl of Leicester sat first in Parliament, after the Death of his Brother John Earl of Leicester; 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.

Nottingham, &c. Road, Bill.

The Earl of Harborough reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road leading from the Trent Bridge, in the County of the Town of Nottingham (through Costock otherwise Cortlingstock Lane), to the Bridges commonly known by the Name of Cotes Bridges, in the County of Leicester," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

E. Burlington et al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Richard Earl of Burlington and others; praying Leave to bring in a Private Bill:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Hereditaments, in the Kingdom of Ireland, Part of the settled Estate of Richard Earl of Burlington and Cork, in Trustees, to be sold for Payment of Debts; and for settling other Lands and Hereditaments, of greater Value, to the same Uses."

Assizes in Cornwall, Bill:

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

With a Bill, intituled, "An Act to explain and amend an Act, passed in the First Year of the Reign of His late Majesty King George, intituled, "An Act for holding the Assize for the County of Cornwal at a convenient Place within the said County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be read a Second Time on Tuesday Sevennight.

Jervoise & al. Bill.

Ordered, That all the Lords which shall be present this Day, and are not named of the Committee appointed on Saturday last, be added to the said Committee.

State of National Debts delivered.

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

He was called in; and delivered at the Bar (pursuant to their Lordships Address to His Majesty on the 21st of February last),

"A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1736, and 31st of December 1737; together with an Accompt of the Produce of the Sinking Fund in that Year, and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied."

And then he was directed to withdraw.

And the Title of the said State being read:

Ordered, That the same do lie on the Table.

Aberbrothock Duty on Beer, Bill:

A Message was brought from the House of Commons, by Brigadier General Middleton and others:

With a Bill, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, vended, tapped, or sold, within the Town of Aberbrothock, and Liberties thereof;" to which they desire the Concurrence of this House.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for naturalizing John Justin Bruningk, Peter Untzellman, and Henry Klencke;" to which they desire the Concurrence of this House.

Respondents to E. Breadalbane's Appeal peremptorily to answer.

The House was informed, "That James Menzies and Angus Macdonald have not put in their Answer to the Appeal of John Earl of Breadalbane, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by John Mair Notary Public, of the due Service of the said Order, being read:

Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal, in a Week.

Moore against Mitchell & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Robert Moore Esquire and others are Appellants, and Simon Mitchell and Henry Byam Wood Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 17th Day of this Instant March.

Mandevill & al. Petition referred to Judges.

Upon reading the Petition of Mary Mandevill Widow, and John Sowton; praying Leave to bring in a Bill, to enable the Petitioner Mary Mandevill to demise a Wharf, situate and being in St. Andrews Wardrobe, in the City of London, and certain Premises in the Petition mentioned, for any Term of Years not exceeding Threescore, after the Expiration of the present Term:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Comyns and Mr. Justice Chapple; with the usual Direcrions, according to the Standing Order.

Fownes & Ux. Petition referred to Judges.

Upon reading the Petition of Thomas Fownes Esquire and Meliora his Wife; praying Leave to bring in a Bill, to vest in the Petitioner Thomas Fownes, in Fee Simple, the Manor of Marke, with the Appurtenances, in the County of Somerset; and to settle and assure divers Lands and Hereditaments, in the Lordship of Brook, and Parish of Buckfastleigh, in the County of Devon, to the several Uses limited of the said Manor of Marke by his Marriage Settlement:

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

Mutiny Bills.

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

Moved, "To commit the Bill."

Which 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 Bill be committed to a Committee of the whole House, on Tuesday next.

Then it being moved, "That it be an Instruction to the said Committee, That the Number of Troops to be specified in the Bill do not exceed Twelve Thousand:"

After Debate;

The Question was put, "Whether such an Instruction shall be given to the said Committee?"

It was Resolved in the Negative.

Protest against not limiting the Number of Forces to 12,000.

"Dissentient.

Foley.
Coventry.
Thanet.
Gower.
Boyle.
Beaufort.

Adjourn.

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

DIE Veneris, 10^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mayor &c. of Launceston, against Cornwall Assizes Bill.

Upon reading the Petition of the Mayor, Aldermen, and Freemen, of the Borough of Dunheved, otherwise Launceston, in the County of Cornwal; praying, "That they may be heard, by their Counsel, what they have to offer against passing the Bill to explain and amend a former Act, for holding the Assizes for the said County, into a Law, at such Time as the House shall think proper:"

It is Ordered, That the Petitioners may be heard, by their Counsel, against the said Bill, at the Second Reading thereof, as desired; and that Counsel may be heard for the Bill, at the same Time.

Sir Brian Broughton, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Brian Broughton Baronet, an Infant, by Dame Elizabeth Broughton, his Mother and Guardian; praying Leave to bring in a Private Bill:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Sir Brian Broughton Baronet, an Infant, to enter into Marriage Articles, concerning his intended Wife's Portion, notwithstanding his Infancy."

E. Burlington's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Hereditaments, in the Kingdom of Ireland, Part of the settled Estate of Richard Earl of Burlington and Corke, in Trustees, to be sold, for Payment of Debts; and for settling other Lands and Hereditaments, of greater Value, to the same Uses.

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

Their Lordships, or any Five of them; to meet on Monday the 27th Instant, at the usual Time and Place; and to adjourn as they please.

Nottingham, &c. Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from the Trent Bridge, in the County of the Town of Nottingham (through Costock otherwise Cortlingstock Lane), to the Bridges commonly known by the Name of Cotes-Bridges, in the County of Leicester."

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. Elde and Mr. Allen:

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

Aberbrothock Duty on Beer, Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, vended, tapped, or sold, within the Town of Aberbrothock, and Liberties thereof."

Blydensteyn, Nat Bill.

The Earl of Harborough reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Abraham Blydensteyn," was committed: That they had examined the Allegations of the said Bill, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Bruningk & al. Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing John Justin Bruningk, Peter Untzellman, and Henry Klencke."

Glover & al. Petition referred to Judges.

Upon reading the Petition of Elizabeth Glover Widow, Robert Freemantle and Eleanor his Wife, Charles Lucas and Jane his Wife, Thomas Stroud and Cousena his Wife, and Joseph Batten, for himself, and on the Behalf of Joseph Batten his Son, an Infant, and also of John Fullerton Esquire; praying Leave to bring in a Bill, for Confirmation of a new Lease and Grant of the Manor, Lordship, Prebend, and Parsonage, of Gillingham, in the County of Dorset, to the Petitioner John Fullerton and his Heirs, during the Lives of Charles Compton, Thomas Vernon, and Edward Lockwood, as fully as if the Petitioner Joseph Batten the Son had been of full Age, and joined in the Surrender of the same; and for enabling the Sale of a Freehold Estate in Downton, in the County of Wilts, for discharging Encumbrances thereon, notwithstanding the Minority of the said Infant:

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

Lewis against Sawbridge & al.

After hearing Counsel, upon the Petition and Appeal of Percival Lewis Esquire; complaining of an Order of the Court of Exchequer, made and pronounced the 14th Day of May last; and of a Judgement of the said Court, of the 20th of the same May, made in a Cause wherein the Appellant was Plaintiff, and Elias Turner since deceased, Jacob Sawbridge, Sir George Caswall, Robinson Knight, and Henry Blunt, now Sir Henry Blunt Baronet, Bankers and Partners, were Defendants; and praying, "That this House will be pleased to make such Order in the Premises, and give the Appellant such Relief therein, as to their Lordships shall appear just:" As also upon the Answer of the said Defendants 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 the said Order of the said Court of Exchequer, complained of in the said Appeal, whereby the Appellant's Exception to the Respondents Examination to the 15th Interrogatory was overruled, be, and the same is hereby, affirmed: And as to so much of the said Petition of Appeal as complains of the Denial of the Motion therein mentioned, it is Ordered, That the Respondents do bring before, and leave with, the Deputy Remembrancer of the said Court, upon Oath, the Copies and Extracts of any Books, Papers, and Writings, mentioned in the Schedule to the Respondents Affidavit of the 28th of March 1734, which are excepted in their Examination to the said 15th Interrogatory; and that the said Deputy do, with all convenient Speed, in the Presence of the Solicitors or Agents on both Sides, compare the same with the original Books, Papers, and Writings, already produced before him, so far as the same relate to the Matters in Question in this Cause; and that, after the same shall have been so compared, the Respondents be at Liberty to apply to the said Court of Exchequer, to have the said Copies and Extracts delivered back to them, in such Manner, and subject to such further Directions, as that Court shall think fit.

Adjourn.

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