House of Lords Journal Volume 23
March 1729, 1-10

Sponsor

History of Parliament Trust

Publication

Year published

1767-1830

Pages

337-349

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'House of Lords Journal Volume 23: March 1729, 1-10', Journal of the House of Lords volume 23: 1727-1731 (1767-1830), pp. 337-349. URL: http://british-history.ac.uk/report.aspx?compid=113940 Date accessed: 02 September 2014.


Highlight

(Min 3 characters)

March 1728, 1-10

DIE Lunæ, 3o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Bath. & Well.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Epus. Bangor.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Bolton.
Dux Newcastle.
Dux Chandos.
Comes Scarsdale.
Comes Clarendon & Rochester.
Comes Anglesey.
Comes Litchfield.
Comes Plimouth.
Comes Warrington.
Comes Coventry.
Comes Godolphin.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Harborough.
Viscount Say & Seale.
Viscount Townshend.
Viscount St. John.
Viscount Falmouth.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Lynne.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Lovell.

PRAYERS.

Dee's Answer to Pyke's amended Appeal.

The joint and several Answers of Nicholas Dee and Edward Dee Gentlemen, Two of the Respondents to the amended Appeal of Elizabeth Pyke, Widow of Thomas Pyke Gentleman, deceased:

Buchan versus Buchan.

As also, the Answer of Mr. Thomas Buchan, to the Appeal of Captain Charles Buchan;

Were brought in.

D. of Bolton takes the Oaths.

This Day Charles Duke of Bolton took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Grace having first, at the Table, delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

E. of Anglesey's Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for exemplifying the several Wills and Codicils of James late Earl of Anglesey and John late Earl of Anglesey, and for making the same Evidences in all Courts of Law and Equity in Great Britain and Ireland," was committed: "That they 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.

Barnet Common, to enclose, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enclosing Part of a Common, called Barnett Common, belonging to the Manor of Chippen Barnett, in the County of Hertford; and for vesting a certain Annual Rent Charge in Trustees, for the Benefit of the Poor of the Parish of Chippen Barnett for ever."

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

Ds. Trevor, C. P. S.
Dux Newcastle.
Dux Chandos.
Comes Scarsdale.
Comes Anglesey.
Comes Plimouth.
Comes Warrington.
Comes Godolphin.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Aylesford.
Comes Bristol.
Comes Harborough.
Vis. Say & Seale.
Vis. St. John.
Vis. Falmouth.
Epus. London.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Bristol.
Epus. Bangor.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Lynne.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Monson.
Ds. Malton.

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

Graham versus Whites.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up a Writ of Error, wherein James Graham is Plaintiff, and Rodolph White and Peter White are Defendants.

Vis. Molyneux & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Richard Lord Viscount Molyneux and others was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for selling Part of the settled Estate (lying in the County of Lancaster) of Richard Lord Viscount Molyneux in the Kingdom of Ireland, for raising Money, to discharge his Father's Incumbrances thereon; and likewise for making Provision for his Brothers and Sisters, and for the Payment of his own Debts; and for settling other Lands as an Equivalent for the same."

Lamplugh, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Thomas Lamplugh Clerk and Honor his Wife, on Behalf of themselves and their Four Insant Children, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting in Thomas Lamplugh Clerk, and his Heirs, the Rectory of Felkirke, in the County of York, being Leasehold for Three Lives, comprized in his Marriage Settlement; and for settling other Fee-simple Lands and Tenements, in Potto, in the same County, of better Value, in Lieu thereof."

Vis. Falmouth & al. versus E. of Radnor & al.

Upon reading the Petition and Appeal of Hugh Lord Viscount Falmouth, John Coster of Truro in the County of Cornwall, Thomas Coster of Upper Redbrooke in the County of Gloucester Gentleman, Nehemiah Champion of the City of Bristol Merchant, and John Essington of Wandsworth in the County of Surrey Esquire; complaining of a Decree of the Court of Chancery, made the Twenty-fifth of January last, in a Cause wherein the Appellants were Plaintiffs, and Henry Earl of Radnor, Samuel Enys, and Robert Trefusis, Esquires, were Defendants; and praying, "That the same may be reversed, and the Appellants relieved:"

It is Ordered, That the said Henry Earl of Radnor, Samuel Enys, and Robert Trefusis, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Seventeenth Day of this Instant March.

Brome versus Berkeley & al.

Whereas To-morrow is appointed, for hearing the Cause wherein John Brome Esquire and Elizabeth his Wife are Appellants, and Henry Berkeley, George Berkeley, and Harry Cole, Esquires, are Respondents:

Causes put off.

It is Ordered, That the Hearing the said Cause be adjourned till Wednesday next; and the other Causes removed one Cause day in Course.

Powell versus The King, in Error:

After hearing Counsel, to argue the Errors assigned upon a Writ of Error brought into this House the Eighth Day of April last, wherein Hugh Powell Esquire is Plaintiff, and the King's Most Excellent Majesty, by His Majesty's Coroner and Attorney in the Court of King's Bench, is Defendant, in order to reverse a Judgement given in the Court of King's Bench against the Plaintiff in Error; and due Consideration had of what was offered on either Side in this Case:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench be, and is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon as if no such Writ of Error had been brought into this House.

Judgement affirmed.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows; (videlicet,)

Ad quem Diem, coram dicto Domino Rege ac Proceribus hujus Regni in Parliamento apud Westm. in Com. Midd'x assemblat. ven. tam præd. Hugo Powell per Attorn. suum præd. quam præd. Coron. et Attorn. dicti Domini Regis in propria Persona sua; super quo, vis. et per Cur. Parliamenti præd. plenius intellect. omnibus et singulis Præmissis, diligenterque examinat. et inspect. tam Record. et Process. præd. ac Judic. super eisdem reddit. quam præd. Causis et Materiis superius pro Error. assign. maturaque Deliberatione inde habita, videtur eidem Cur. Parliamenti præd. quod nec in Record. et Process. præd. nec in Redditione Judicii præd. in ullo est Errat. ac quod Record. ill. in nullo vitiosum aut defectivum existit: Ideo cons. est per eandem Cur. Parliamenti præd. quod Judic. præd. in Cur. Domini Regis nunc, coram ipso Rege, in Forma præd. reddit. in omnibus affirmetur, ac in omni suo Robore stet et Effectu, dictis Causis et Materiis superius pro Error. assign. in aliquo non obstantibus; ac superinde Record. præd. nec non Process. præd. Cur. Parliamenti præd. in Præmiss. habita per eandem Cur. Parliamenti præd. Cur. dicti Domini Regis nunc, coram ipso Rege, ubicunque &c. remittuntur."

Perrot, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Henry Perrot Esquire and Martha his Wife was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the several Manors and Lands therein mentioned, the Estate of Henry Perrot Esquire (which lie dispersedly) on himself and his Heirs, or in Trust for him and his Heirs, free from the Charges of his Marriage Settlement, on settling other Estates, of the same Value, in Lieu thereof, to the same Uses as the Manors and Lands so to be vested are and stand settled."

Thurnscoe Common Fields, to enclose, Bill.

The Lord Bathurst presented to the House, pursuant to the Order of the Twenty-fifth Day of February last, a Bill, intituled, "An Act for confirming the Enclosure and Division of the Common Fields and Common Grounds, within the Parish of Thurnscoe, in the County of York."

And the said Bill was read the First Time.

Passano's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing James Passano."

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

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

Vaughan versus Websser:

Whereas, by Virtue of His Majesty's Writ of Error returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this House, the Twentieth Day of February last, with the Transcript thereof, wherein Judgement is entered for Sarah Webster Widow, against Thomas Vaughan Gentleman; which said Thomas Vaughan hath not prosecuted his said Writ, by assigning Errors within Eight Days next following the bringing in of the said Writ and Record (according to the Rules of this High Court), but hath rather brought the said Writ of Error for Delay of Justice and Execution upon the said Judgement:

Transcript of the Record remitted, with Costs.

It is this Day Ordered, by the Lords Spiritual and Temporal in Parliament assembled, upon the Petition of the Defendant in Error, complaining of the Delay and Vexation given her by bringing the said Writ of Error, That the said Transcript of the said Record, wherein Judgement is entered for the said Sarah Webster against the said Thomas Vaughan as aforesaid, be remitted; and that the said Sarah Webster may thereupon proceed as if no such Writ of Error had been brought into this House: And it is hereby further Ordered, That the said Plaintiff in Error do pay, or cause to be paid, to the said Defendant in Error, the Sum of Thirty Pounds, for her Costs on account of the said Delay and Vexation.

Adjourn.

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

DIE Mercurii, 5o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Bath & Well.
Epus. Eliens.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Bolton.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Comes Warwick & Holland.
Comes Denbigh.
Comes Sunderland.
Comes Clarendon & Rochester.
Comes Essex.
Comes Anglesey.
Comes Litchfield.
Comes Plimouth.
Comes Scarbrough.
Comes Warrington.
Comes Albemarle.
Comes Coventry.
Comes Godolphin.
Comes Rothes.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Dartmouth.
Comes Uxbridge.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Lymington.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Wilmington.
Ds. Hobart.
Ds. Malton.
Ds. Lovell.

PRAYERS.

Visc. Say & Seal versus Visc. Harcourt.

The Answer of Symon Lord Viscount Harcourt an Infant, by Elizabeth Lady Viscountess Harcourt his Guardian, One of the Respondents to the Appeal of Lawrence Lord Viscount Say and Seale, was brought in.

E. Anglesey's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for exemplifying the several Wills and Codicils of James late Earl of Anglesey and John late Earl of Anglesey; and for making the same Evidences in all Courts of Law and Equity in Great Britain and Ireland."

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. Burroughs:

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

Lamplugh's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting in Thomas Lamplugh Clerk and his Heirs the Rectory of Felkirke, in the County of York, being Leasehold, for Three Lives, comprized in his Marriage Settlement; and for settling other Fee-simple Lands and Tenements, in Potto, in the same County; of better Value, in Lieu thereof."

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

Ds. Trevor, C. P. S.
Dux Bolton.
Dux Montagu.
Comes Warwick.
Comes Essex.
Comes Anglesey.
Comes Litchfield.
Comes Plimouth.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Sussex.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount Torrington.
Epus. London.
Epus. Winton.
Epus. Gloucestr.
Epus. Carliol.
Epus. Bristol.
Epus. Bangor.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Gower.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Ducie.
Ds. Wilmington.
Ds. Monson.
Ds. Lovell.

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

Brome & Ux. versus Berkeley & al.

After hearing Counsel, upon the Petition and Appeal of John Brome Esquire and Elizabeth his Wife; complaining of a Decree, or Order of Dismission, of the Court of Chancery, made the Thirteenth of November last, in a Cause wherein the Appellants were Plaintiffs, and Henry Berkeley, George Berkeley, and Harry Cole, Esquires, were Defendants; and praying, "That the same may be reversed; and the Reversion and Inheritance of the Manor, Rectory, Lands, and Premises, expectant on the Death of the Appellant Elizabeth's Mother, the Jointress, decreed to be forthwith sold to the best Bidder, and the Money arising by the Sale thereof applied to pay the Appellants the Portion of Two Thousand Five Hundred Pounds, with Interest for the same, from the Time of the Appellant Elizabeth's attaining to her Age of Twentyone Years, together with the Appellants Costs of Suit:" As also upon the Answers of the said Henry Berkeley, George Berkeley, and Harry Cole, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree 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 Decree, or Order of Dismission, therein complained of, be, and is hereby, affirmed.

Scawen's Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Thomas Scawen Esquire and others to make Leases of several Manors and Lands in Cornwal, according to the Custom of that County, and of the several Manors in which the same do lie," was committed: That they had considered the said Bill, and gone through the same, and made some Amendments thereto."

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

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

E. Grandison's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for settling the Estates of John Earl of Grandison in the Kingdom of Ireland, and James Fitzgerald Villiers Esquire, commonly called Lord Villiers, his Son and Heir Apparent, pursuant to an Agreement made before, and in Consideration of, the Marriage of the said Lord Villiers with Jane his Wife," 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 several 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.

Perrot's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the several Manors and Lands therein mentioned, the Estate of Henry Perrot Esquire (which lie dispersedly), on himself and his Heirs, or in Trust for him and his Heirs, free from the Charges of his Marriage Settlement; on settling other Estates of the same Value, in Lieu thereof, to the same Uses as the Manors and Lands so to be vested are and stand settled."

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

Their Lordships, or any Five of them; to meet also on Thursday the Twentieth Day of this Instant March, at the same Place; and to adjourn as they please.

Visc. Molyneux's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for selling Part of the settled Estate (lying in the County of Lancaster) of Richard Lord Viscount Molyneux in the Kingdom of Ireland, for raising Money to discharge his Father's Incumbrances thereon; and likewise for making Provision for his Brothers and Sisters; and for the Payment of his own Debts; and for settling other Lands as an Equivalent for the same."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees before-named:

Their Lordships, or any Five of them; to meet likewise on Thursday the Twentieth Day of this Instant March, at the same Place; and to adjourn as they please.

Sparrow & al. versus Shaw:

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon the Writ of Error depending in this House, wherein William Sparrow and others are Plaintiffs, and William Shaw, Leffee of Ravenscroft Gifford Esquire, and of David Parry Gentleman, is Defendant:"

Errors to be argued.

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

Adjourn.

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

DIE Jovis, 6o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Bath & Well.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Cestriens.
Epus. Bangor.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
Comes Warwick & Holland.
Comes Peterborow & Monmouth.
Comes Scarsdale.
Comes Clarendon & Rochester.
Comes Essex.
Comes Anglesey.
Comes Litchfield.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Marchmont.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Sussex.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Howard Effingham.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Stawell.
Ds. Guilford.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Ducie.
Ds. Wilmington.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Lovell.

PRAYERS.

Visc. Say & Seal versus Izod & al.

The Answer of Nathan Izod, William Clarke, and William White, to the Appeal of Lawrence Lord Viscount Say & Seale, was brought in.

Scawen's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Thomas Scawen Esquire and others to make Leases of several Manors and Lands in Cornwal, according to the Custom of that County and of the several Manors in which the same do lie."

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. Burroughs:

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

E. Grandison's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for settling the Estates of John Earl of Grandison in the Kingdom of Ireland, and James Fitzgerald Villiers Esquire, commonly called Lord Villiers, his Son and Heir Apparent, pursuant to an Agreement made before, and in Consideration of, the Marriage of the said Lord Villiers with Jane his Wife."

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. Burroughs:

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

Forgery to prevent, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual preventing and further Punishment of Forgery."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next; and that the Judges in Town do then attend.

Heads for a Bill, as to Debtors in Prison.

The Lord Bingley reported from the Lords Committees appointed to consider the Case of Debtors, with respect to the Imprisonment of their Persons, "That the Committee have considered the Matter to them referred; and are of Opinion, that a Bill be prepared, and brought into the House, upon the following Heads; (videlicet,)

That the Clauses in an Act of the 22d and 23d of King Charles the Second, intituled, "An Act for the Relief and Release of poor distressed Prisoners for Debt," No 9, 10, 11, and 12, be re-enacted and enforced; and also, that a Clause be added, for punishing Bailiffs for Extortion; and that the Bailiff that carries any Prisoner for Debt to a Public House be obliged to shew the Prisoner the said Ninth Clause, before any Meat or Drink be called for.

"That the Tables of Fees, and also the Rules for the Government of the Prisons, to be now fixed, be certified into the Courts of Westminster, to be recorded there.

"That the Prisoners may apply to any of the Judges, in a summary Way, in case the Fees and Rules for the Government of the Prisons are not complied with.

"That the Estates Real and Personal, and the Money owing to the Debtors, be made more immediately chargeable with their Debts, and more easy to be come at by their Creditors; as also, that the Courts out of which the Process issues be empowered to examine any Persons upon Oath, for Discovery thereof.

"That the Persons of the Debtors, imprisoned for Sums not exceeding One Hundred Pounds, after Examination and Discovery of their Effects, and remaining afterwards in Gaol, shall be discharged out of Gaol, paying their Fees, unless the Creditors pay Weekly a Sum, not exceeding Two Shillings and Four Pence, for the Debtors Maintenance.

"That the Gaoler be looked upon only as a Creditor for his Fees, and be paid, in Proportion with other Creditors, out of the Debtors Effects.

"That the said Debtors shall not be liable to be arrested afterwards, for the Debts for which they were in Prison.

"That Debts may be set one against another at Law.

"That a Power be given to the Crown, to appoint Two or more Privy Counsellors to visit the Gaols, and report the State thereof."

Which said Heads for a Bill, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the Judges do prepare, and bring in, a Bill thereupon.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Pelham 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.

King's Answer to Addresses.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Addresses of this House, of the Twenty-seventh of February last; and that His Majesty was pleased to say, "He would give Order, that a Copy of the Letter, and Copies of Instructions to Admirals, and Letters to and from them, so far as related thereto, should be laid before the House, as desired."

Visc. Say & Seal versus Ly. Cath. Jones & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Lawrence Viscount Say and Seale is Appellant, and Lady Catherine Jones and others 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.

Cobb to dissolve his Marriage, Bill.

The Order of the Day, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Thomas Cobb with Rachel Krebs, and to enable him to marry again, and for other Purposes therein mentioned," being read:

Counsel attending (according to Order) to be heard for and against the said Bill;

They were called in.

And the Bill was read a Second Time.

And the Counsel for it were directed to proceed, in order to make good the Allegations of the Bill.

Who being heard; and offering to prove the Marriage between the said Thomas Cobb and Rachel Krebs, recited in the Bill; the same was admitted.

Then Two Witnesses were severally examined, upon Oath, to prove the said Rachel was personally served with Process for her to appear in the Consistory Court of the Bishop of London.

And Mr. Skelton produced the said Process and Return; and read the Sentence of Divorce, à Thoro et Mensa, obtained in the Court above-mentioned, against the said Rachel.

After which, several Witnesses were examined upon Oath; and proved her Elopement from her Husband, and her having had carnal and adulterous Conversation with several Persons.

Which done; Counsel for the said Rachel were heard against the Bill; who produced and examined several Witnesses upon Oath, as to the Second Marriage of the said Thomas Cobb, and touching the Character of the said Rachel his First Wife; and likewise in relation to the Character of One of the Witnesses produced by the Counsel for the Bill.

And they having replied:

The Counsel and Witnesses were directed to withdraw.

Then it was moved, "To commit the Bill."

After Debate;

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

It was Resolved in the Affirmative.

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next; and the Lords to be summoned.

Leathersellers, London, versus Barnet Common Bill.

Upon reading the Petition of the Wardens and Society of the Mystery or Art of the Leathersellers of the City of London, and others; praying, "That they may be heard, by themselves or their Counsel, in relation to the Bill, intituled, "An Act for enclosing Part of a Common, called Barnet Common, belonging to the Manor of Chippen Barnet, in the County of Hertford; and for vesting a certain Annual Rent Charge in Trustees, for the Benefit of the Poor of the Parish of Chippen Barnet for ever:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioners be at Liberty to be heard, according to the Prayer of the said Petition.

Adjourn.

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

DIE Veneris, 7o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Bath & Well.
Epus. Oxon.
Epus. Eliens.
Epus. Gloucestr.
Epus. Carliol.
Epus. Hereford.
Epus. Cestriens.
Epus. Asaphens.
Ds. King, Cancellarius.
Dux Newcastle.
Dux Chandos.
Comes Warwick & Holland.
Comes Abingdon.
Comes Warrington.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Viscount Lymington.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Lynne.
Ds. Osborne.
Ds. Guilford.
Ds. Herbert.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Wilmington.
Ds. Malton.

PRAYERS.

Pocklington versus Sir Compton Domville.

The Answer of Sir Compton Domville Baronet, to the Appeal of Christopher Pocklington Esquire and his Wife, was brought in.

Martin & al. versus Countess Dowager Seaforth.

A Petition and Appeal of William Martin of Harwood Esquire, and others, was offered to the House; complaining of a Decree of the Court of Delegates in Scotland, of the Seventh Day of February last, made on the Behalf of Frances Countess Dowager of Seafort:

It is Ordered, That the said Appeal do lie on the Table, and be read on Monday next; and the Lords to be summoned.

Eyre versus Daly.

Upon reading the Petition of John Burke, Agent for Laughlin Daly, Respondent to the Appeal of John Eyre Esquire; praying, "That the Hearing the said Cause may be adjourned for a Week after the Arrival of the Mails from Ireland; there being Nine due from thence, whereby the Respondent's Papers have been prevented from being brought over:"

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

And being withdrawn:

It is Ordered, That the Hearing the said Cause be adjourned to the First vacant Day for Causes after those already appointed.

Thurnscoe Common Fields, to enclose, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming the Enclosure and Division of the Common Fields and Common Grounds, within the Parish of Thurnscoe, in the County of York."

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

Dux Newcastle.
Dux Chandos.
Comes Warwick.
Comes Abingdon.
Comes Warrington.
Comes Coventry.
Comes Findlater.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Viscount Lymington.
Arch. Ebor.
Epus. London.
Epus. Oxon.
Epus. Carliol.
Epus. Hereford.
Epus. Cestriens.
Epus. Asaphens.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Lynne.
Ds. Osborne.
Ds. Guilford.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Wilmington.
Ds. Malton.

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

Chaytor, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Henry Chaytor Gentleman, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Henry Chaytor Gentleman to limit a Jointure to a Wife, and to let Leases for Twenty-one Years, of his Estate at Croft, in the County of York."

Cotesworth, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Robert Cotesworth Esquire was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Robert Cotesworth Esquire to sell Part of an Estate held by Lease of the Bishop of Durham, for Discharge of his Debts."

Copies of Instructions to Admirals in The West Indies delivered.

The Duke of Newcastle (by His Majesty's Command) presented to the House, pursuant to their Lordships Address of the Twenty-seventh of February last, Copies of Instructions and Letters from His Majesty's Principal Secretary of State, to Vice Admiral Hosier, and the Commanders in Chief who succeeded him in The West Indies; as also Copies of Letters from the said Vice Admiral and Commanders in Chief to His Majesty's Principal Secretary of State, since the Year 1725, until the Arrival of the King of Spain's Orders in The West Indies for the Execution of the Preliminary Articles; together with a List of the said Copies.

And his Grace acquainted the House, "That the Instructions to the Commanders in The Mediterranean were copying with the utmost Expedition, in order to be laid before their Lordships."

Then the List of the said Copies was read, by the Clerk, as follows; (videlicet,)

"Copy of Instructions to Vice Admiral Hosier, dated March 28th, 1726."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, April 6th, 1726."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, April 21st, 1726."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, May 20th, 1726."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, June 25th, 1726;" enclosing,

"Copy of an Account of Vice Admiral Hosier's Proceedings, June 28th, 1726."

"Translation of the President of Peru and Porto Bello's Answer to Vice Admiral Hosier, Porto Bello, July 8th, 1726, N. S."

"Translation of the General of the Galleons Answer to Vice Admiral Hosier, Porto Bello, July 8th, 1726, N. S."

"Copy of a Letter from his Grace the Duke of Newcastle to Vice Admiral Hosier, September 29th, 1726."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, Bastimentos, July 26th, 1726."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, July 29th, 1726, and August 1st."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, Bastimentos, August 28th, 1726."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, Bastimentos, September 9th, 1726."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, September 23d, 1726;" enclosing,

"Copy of a Letter from Vice Admiral Hosier to the Generals and President of Porto Bello, Bastimentos, September 23, 1726."

"Copy of the Resolutions of the Council of War on Board The Bredah, Bastimentos, 3 October, 1726."

"Copy of a Letter from Vice Admiral Hosier, to the President of Panama and General of the Galleons, Bastimentos, October 5, 1726."

"Copy of Vice Admiral Hosier's Letter to the President of Panama and the General of the Galleons, Bastimentos, October 12, 1726."

"Copy of a Letter from Vice Admiral Hosier to the General of the Galleons, Bastimentos, October 17, 1726, O. S."

"Copy of a Letter from the General of the Galleons to Vice Admiral Hosier, Portobello, October 18, N. S."

"Copy of a Letter from the President of Panama and General of the Galleons to Vice Admiral Hosier, October 24, 1726, N. S.

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, Bastimentos, October 22, 1726."

"Copy of the Proceedings of the Council of War held on Board The Bredah, off The Brew, 9 November, 1726."

"Copy of a Letter from his Grace the Duke of Newcastle to Vice Admiral Hosier, November 18, 1726."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, December 14, 1726;" enclosing,

"Copy of Vice Admiral Hosier's Letter to the President and Council of Jamaica, Port Royal, 11 December, 1726."

"Copy of the Resolutions of the Council of Jamaica, dated in the Council Chamber in St. Jago de la Vega, December 14, 1726."

"Copy of Vice Admiral Hosier's Letter to his Grace the Duke of Newcastle, 17 January, 1726-7."

"Copy of Vice Admiral Hosier's Letter to the Governor of Carthagena, and the General of the Galleons, 11 January, 1726-7."

"Copy of a Letter from the South Sea Factors at Carthagena to Vice Admiral Hosier, 20 January, 1726-7, N.S."

"Copy of a Letter from the South Sea Factors at Carthagena to Vice Admiral Hosier, 24 January, 1726-7, N.S."

"Copy of a Letter from the Governor of Carthagena to Vice Admiral Hosier, 24 January, 1726-7, N.S."

"Copy of a Council of War held at Carthagena, 29 January, 1726-7."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, February 15, 1726-7."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, February 23, 1726-7."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, March 10, 1726-7;" enclosing,

"Copy of a Council of War held on Board The Bredah, March 9, 1726-7.

"Copy of a List of Ships under the Command of Captain St. Lo, &c. off The Windward Passage."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, May 12, 1727."

"Copy of a Letter from his Grace the Duke of Newcastle to Vice Admiral Hosier, May 19, 1727."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, 29 May, 1727."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, June 9, 1727."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, July 15, 1727."

"Copy of a Letter from his Grace the Duke of Newcastle to Vice Admiral Hosier, July 18, 1727."

"Copy of a Letter from Vice Admiral Hosier to his Grace the Duke of Newcastle, August 7, 1727."

"Copy of a Letter from his Grace the Duke of Newcastle to Vice Admiral Hosier, September 12, 1727."

"Copy of a Letter from Captain St. Lo to his Grace the Duke of Newcastle, 20 September, 1727;" enclosing,

"Copy of a List of Ships designed for The West Indies."

"Copy of an Affidavit of Moses Gardner, 17 August, 1727."

"Copy of a Deposition of Moses Gardner, 21 September, 1727."

"Copy of a List of Privateers fitted out at The Havana."

"Copy of a Letter from General Cornejo to Captain St. Lo, September 16, 1727."

"Copy of a Letter from Captain St. Lo to his Grace the Duke of Newcastle, September 24, 1727."

"Copy of a Letter from Captain St. Lo to his Grace the Duke of Newcastle, September 30, 1727."

"Copy of a Letter from Captain St. Lo to his Grace the Duke of Newcastle, October 11, 1727."

"Copy of a Letter from Captain St. Lo to his Grace the Duke of Newcastle, October 26, 1727;" enclosing,

"Copy of a Letter from the General of the Galleons to Captain St. Lo, October 20/31, 1727."

"Copy of a Letter from the Governor of Carthagena, to Captain St. Lo, October 20/31, 1727."

"Copy of a Letter from Captain St. Lo to the Governor of Carthagena, October 19, 1727."

"Copy of a Letter from Captain St. Lo to the General of the Galleons, October 21, 1727."

"Copy of a Letter from Captain St. Lo, to the General of the Galleons, October 19, 1727."

"Copy of a Letter from the General of the Galleons to Captain St. Lo, October 24/November 4, 1727."

"Copy of a Letter from his Grace the Duke of Newcastle to Vice Admiral Hosier, November 16, 1727."

"Copy of a Letter from his Grace the Duke of Newcastle to Vice Admiral Hopson, November 16, 1727."

"Copy of a Letter from his Grace the Duke of Newcastle to Vice Admiral Hopson, November 18, 1727."

"Copy of a Letter from Captain St. Lo to his Grace the Duke of Newcastle, December 7, 1727."

"Copy of a Letter from Vice Admiral Hopson to his Grace the Duke of Newcastle, January 1st, 1727-8."

"Copy of a Letter from Captain St. Lo to his Grace the Duke of Newcastle, January 15, 1727-8;" enclosing,

"Translation of the Duplicate of a Letter from the Governor of St. Domingo to the Marquis of Villa Hermosa, 5 March, 1727-8."

"Copy of the Muster Roll of the Effective Men in St. Domingo, 5 March, 1727."

"Account of the Warlike Stores in St. Domingo, 5 March, 1727."

"Copy of a Letter from Vice Admiral Hopson to his Grace the Duke of Newcastle, January 22, 1727-8."

"Copy of Vice Admiral Hopson's Letter to his Grace the Duke of Newcastle, February 3, 1727-8;" enclosing,

"Copy of a Report of Mr. George Stone, Supercargo of The Swallow Sloop."

"Copy of a Letter from Vice Admiral Hopson, to his Grace the Duke of Newcastle, March 6, 1727-8;" enclosing,

"Copy of an Account of Ships at Carthagena."

"Copy of William Quarrel's Account."

"Copy of a Letter from Vice Admiral Hopson to his Grace the Duke of Newcastle, March 13, 1727-8."

"Copy of a Letter from his Grace the Duke of Newcastle to Vice Admiral Hopson, March 21, 1727-8."

"Copy of a Letter from his Grace the Duke of Newcastle to Vice Admiral Hopson, or the Commander in Chief, &c. March 25, 1728."

"Copy of a Letter from his Grace the Duke of Newcastle to Vice Admiral Hopson, March 25, 1728."

"Copy of a Letter from Vice Admiral Hopson to his Grace the Duke of Newcastle, April 18, 1728."

"Copy of a Letter from Captain Gray to his Grace the Duke of Newcastle, May 9, 1728."

"Copy of a Letter from Captain St. Lo to his Grace the Duke of Newcastle, May 19, 1728."

"Copy of a Letter from Captain St. Lo to his Grace the Duke of Newcastle, June 8, 1728."

"Copy of a Letter from Captain Gray to his Grace the Duke of Newcastle, June 15, 1728."

"Copy of a Letter from Captain St. Lo to his Grace the Duke of Newcastle, June 24, 1728."

"Copy of his Grace the Duke of Newcastle's Letter to the Lords Commissioners of the Admiralty, March 4, 1726-7."

"Copy of Instructions from the Lords Commissioners of the Admiralty to Vice Admiral Hosier, March 4, 1726-7."

Ordered, That the said Copies do lie on the Table, for the Perusal of the Lords.

Buchan versus Buchan.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Captain Charles Buchan is Appellant, and Mr. Thomas Buchan 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.

Grey's Bill.

The Earl of Coventry reported from the Lords Committees to whom the Bill, intituled, "An Act for the more effectual putting in Execution an Act of Parliament, made and passed in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act for the Sale of several Estates of Henry Grey Esquire, in the County of Southampton; and for settling other Estates, of equal Value, in the Counties of Berks and Wilts, to the same Uses," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the said 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.

Inglis to enter into Recognizance for Murray.

The House being moved, "That Patrick Inglis Esquire may be permitted to enter into a Recognizance for Mr. Archibald Murray and others, on account of their Appeal depending in this House; they residing in Scotland:"

It is Ordered, That that the said Patrick Inglis may enter into a Recognizance for the said Appellants, as desired.

Mutiny 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."

Ordered, That the said Bill be read a Second Time on Tuesday next.

Address for Articles of War.

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 Lords with White Staves.

Abell and Border versus Dene.

Counsel were called in, to be heard, upon the Petition and Appeal of Philip Abell Senior, of Newton Abott, in the County of Devon, Yeoman, and Christopher Border Butcher, whereunto Humphry Dene Esquire is Respondent; the said Appeal complaining of a Decree of the Court of Chancery, of the Seventh Day of February, 1714; and also of a Decree of the same Court, the Third Day of July last;

And the Counsel on both Sides being heard accordingly:

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 Decrees therein complained of be, and are hereby, affirmed.

Aldham and Boyne Commons to enclose, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing Aldham and Boyne Commons, belonging to the Parish of Hadleigh, in the County of Suffolk, for the better Maintenance of the Poor of the said Parish," was committed: "That they had considered the said Bill, and gone through the same, 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.

Palmer & al. to be examined by Committee for Records.

Ordered, That Samuel Palmer, John Huggenson, Samuel Richardson, Darby, and Brown, do attend this House on Monday next, to be sworn, in order to be examined before the Lords Committees appointed to inspect Public Records.

Adjourn.

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

DIE Lunæ, 10o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Bath & Well.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cestriens.
Epus. Bangor.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Graston, Camerarius.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Greenwich.
Dux Manchester.
Comes Denbigh.
Comes Westmorland.
Comes Scarsdale.
Comes Litchfield.
Comes Yarmouth.
Comes Plimouth.
Comes Warrington.
Comes Coventry.
Comes Rothes.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Viscount Say & Seale.
Viscount St. John.
Viscount Lymington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Howard Eff.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Stawell.
Ds. Guilford.
Ds. Herbert.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Wilmington.
Ds. Hobart.
Ds. Monson.
Ds. Malton.

PRAYERS.

Sir J. Schaw versus Ly. Houstoun.

The Answer of Dame Margaret Houstoun, to the Appeal of Sir John Schaw Baronet, was brought in.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir John Schaw Baronet is Appellant, and Dame Margaret Houstoun 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.

Rodd's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to vest several Messuages, Lands, and Tenements, in the Parish of Stoke Cannon, in the County of Devon, in Trustees, to be sold, for the Payment of the Debts of Bampfyld Rodd Esquire, deceased," was committed: That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

King's Answer to the Address for Articles of War.

The Lord Chamberlain reported, "That the Lords with White Staves (according to Order) had waited on His Majesty, with their Lordships Address of Friday last, "That His Majesty would 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 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;" and that His Majesty was pleased to say, "He would give Orders to the proper Officers accordingly."

Articles of War and List of Officer's, delivered.

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

He was called in.

And presented to the House, at the Bar, pursuant to their Lordships Address to His Majesty on Friday last, "A true Copy of the Rules and Articles of War, which are in Force, for the better Government of His Majesty's Land Forces in Great Britain, Ireland, and Dominions beyond the Seas."

"Also, a List of the Reduced Officers of His Majesty's Land Forces and Marines upon Half Pay in Great Britain, with an Estimate of the Charge thereof, for for the Year 1729."

And then he withdrew.

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

And Ordered, That the same do lie on the Table.

Martin's Appeal to be further considered.

The Order of the Day being read, for reading the Petition and Appeal of William Martin of Harwood Esquire, and others; complaining of a Decree of the Court of Delegates in Scotland, made on the Behalf of Frances Countess Dowager of Seafort:

The said Appeal was read accordingly.

And a Clause in the Act of the last Session of Parliament, in relation to the forfeited Estates in Scotland; as also a Clause in another Act, of the Fourth Year of His late Majesty; and likewise a Clause in an Act of the Sixth Year of His late Majesty's Reign, relating to the said forfeited Estates, being read:

It is Ordered, That this House will, on Friday next, take into further Consideration the said Appeal; and the Lords to be summoned.

L. Stawell takes the Oaths.

This Day William Lord Stawell took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Late King's Letter in relation to Gibraltar, delivered.

The Duke of Newcastle (by His Majesty's Command) presented to the House, pursuant to their Lordships Address of the Twenty-seventh of February last, "A Copy of the Letter writ by His late Majesty to the King of Spain, in relation to Gibraltar."

And the Title of the said Letter was read.

Ordered, That the same do lie on the Table.

Cobb to dissolve his Marriage, Bill:

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Thomas Cobb with Rachel Krebs, and to enable him to marry again; and for other Purposes therein mentioned."

Mrs. Cobb's Petition for a Maintenance.

A Petition of Rachel the Wife of Thomas Cobb, was presented to the House, and read; praying, "That a Clause may be added to the said Bill, for allowing the Petitioner a Maintenance."

And it being proposed, "To refer the said Petition to the Committee of the whole House, to whom the said Bill stands committed."

The same was objected to.

After Debate,

The Question was put thereupon.

And it was Resolved in the Negative.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

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 made One Amendment thereunto, which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Baldwyn & Ux. versus Middleton & al.

After hearing Counsel, upon the Petition and Appeal of Samuel Baldwyn Esquire and Elizabeth his Wife, who was One of the Executors of the last Will of Thomas Middleton Esquire, her late Husband; complaining of certain Orders of the Court of Chancery, made the Thirtieth of June and Eighth of December 1725, and Nineteenth of October 1727, in a Cause wherein Anne Middleton, One of the Daughters of Thomas Middleton Esquire deceased, and others, were Plaintiffs, and Thomas Lord Onslow, Sir John Williams Knight, the Appellant Elizabeth, and Richard Hockenhull and Elizabeth his Wife, were Desendants; and praying, "That the said Orders, or so much of them as are appealed against, may be discharged or amended; and that the Appellants may have that Relief which they prayed by their Motion the said Nineteenth of October 1727:" As also upon the Answers of Anne Middleton Spinster, Thomas Lord Onslow, Sir John Williams, Mary Viscountess Molesworth Widow, Constance Conyngham Wife of William Conyngham Esquire, Thomas Trollope Esquire and Diana his Wife, and Richard Hockenhull Esquire, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Orders 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 said Orders therein complained of be, and are hereby, affirmed: And it is further Ordered, That the said Appellants do pay, or cause to be paid, to the said Respondents, the Sum of Forty Pounds, for their Costs; in respect of the said Appeal.

Campbell versus Aikenhead.

Upon reading the Petition and Appeal of the Honourable John Campbell Esquire; complaining of that Part of an Interlocutory Sentence of the Lords of Session in Scotland, of the Sixteenth of December 1724, that finds the Libel Relevant, the Pursuer confirming before Extract, and the Appellant liable in the Terms of the Letter for the Price of the Victual; and that found the Quantity and Price thereof at the Time Relevant, prout de Jure, and the Affirmance thereof: And also of the Interlocutors of the Twenty-fourth of January, and the Fifteenth and Eighteenth of February last, made on the Behalf of John Aikenhead; and praying, "That the same may be reversed, and the Appellant relieved:"

It is Ordered, That the said John Aikenhead may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Seventh Day of April next; and that Service of this Order on the Respondent's Procurator, or Agent, in the Court of Session in Scotland, be deemed good Service.

Grey's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the more effectual putting in Execution an Act of Parliament, made and passed in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act for the Sale of several Estates of Henry Grey, in the County of Southampton; and for settling other Estates, of equal Value, in the Counties of Berks and Wilts, to the same Uses."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Murphy & al. versus Brown.

Upon reading the Petition and Appeal of Samuel Murphy, Thomas Knap and Jane his Wife, Thomas Pembrooke and Sarah his Wife; complaining of several Orders and Decrees of the Court of Chancery in Ireland, made the Twenty-eighth of June 1725, and Twentythird of June and Twenty-sixth of July 1728, and other subsequent Orders and Proceedings, in a Cause wherein William Brown Merchant and Mary his Wife, since deceased, were Plaintiffs, and the Appellants were Defendants; and praying, "That the same may be reversed and set aside:"

It is Ordered, That the said William Brown and Hugh Brown his Son may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Fourteenth Day of April next; and that Service of this Order on the Respondents Clerks in Court in the said Court of Chancery in Ireland be deemed good Service.

Graham, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of William Graham, Son of John Graham, late Alderman of Drogheda, in the Kingdom of Ireland, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable William Graham, Son of John Graham, late Alderman of Drogheda, in the Kingdom of Ireland, to make Leases of several Parts of his Estate, in the Counties of Lowth and Meath, and in the County of the Town of Drogheda, for the better Improvement thereof."

Adjourn.

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