House of Lords Journal Volume 24
April 1732, 1-10

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History of Parliament Trust

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1767-1830

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78-85

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'House of Lords Journal Volume 24: April 1732, 1-10', Journal of the House of Lords volume 24: 1732-1737 (1767-1830), pp. 78-85. URL: http://british-history.ac.uk/report.aspx?compid=113986 Date accessed: 24 November 2014.


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April 1732, 1-10

DIE Lunæ, 3o Aprilis.

REX.

Domini tam Spirituales quam Temporales Præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. Dunelm.
Epus. Lich. & Cov.
Epus. Petriburg.
Epus. Cicestriens.
Epus. Landav.
Epus. Menevens.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Montrose.
Dux Newcastle.
Dux Manchester.
March. Tweeddale.
Comes Chesterfield, Senescallus.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Winchilsea & Nottingham.
Comes Shaftesbury.
Comes Abingdon.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Rothes.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Tankerville.
Comes Bristol.
Comes Cowper.
Comes Fitzwalter.
Comes Effingham.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Lynne.
Ds. Guilford.
Ds. Haversham.
Ds. Montjoy.
Ds. Bathurst.
Ds. Onslow.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Raymond.

PRAYERS.

L. Montjoy's Privilege:

A Petition of Nicholas Taylor:

Bissell & al. to be brought to the Bar.

As also, a Petition of John Rowlands Junior, Richard Bissell Junior, Thomas Smithen, Charles Jones, and Flock Kendrick, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege against the Lord Montjoy;

Were severally presented, and read; acknowledging their Offences, begging Pardon for the same, and praying to be discharged from their Confinement.

It is Ordered, That the Petitioners be brought to the Bar of this House To-morrow, in order to their Discharge, paying their Fees.

Mills Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Two undivided Fourth Parts of the Manor of Greatham, and of other Lands and Hereditaments in the County of Sussex, the Estate of Barbara Mill and Frances Mill, Spinsters, in Trustees, to enable them to join in the Sale of the said entire Manor, Lands, and Hereditaments, for raising Portions for them and their Two Sisters."

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

It was Resolved in the Affirmative.

Lady Gerard's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Sir William Gerard Baronet, a Lunatic, for Payment of his Debts, and other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

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

And Messages were severally sent to the House of Commons, by Mr. Burroughs and Mr. Allen:

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

E. Peterborough's Privilege:

A Petition of Benjamin Rench, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege against the Earl of Peterborow, in making a Door-way into his Lordship's Field, (fn. 1) in laying Dung there, notwithstanding he was forbid so to do, was presented, and read; expressing his true Sense of his Error; and, having obtained Pardon of the said Earl, praying to be discharged:

Rench discharged.

It is Ordered, That the Petitioner be discharged out of Custody, paying his Fees.

Capt. Hamilton against Dutch E. I. Company.

Whereas this Day was appointed, for hearing the Cause wherein Captain Alexander Hamilton is Appellant, and the Directors of the Dutch East India Company and Mr. William Drummond their Factor are Respondents:

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

Pilots Bill; Charter, &c. to be produced.

Ordered, That the 2d Reading of the Bill for the better Regulation and Government of Pilots be put off to Thursday the 20th Instant; and that there be then produced the Charters and Bye-laws of the Corporation of Trinity House of Deptford Strond; and an Obligation, dated 19th September 1730, executed by several Pilots to the said Trinity House, for Payment of Poundage out of their Wages; as likewise another Obligation, of the same Nature, dated 10th February 1730.

Witnesses to attend Pilots Bill.

Ordered, That Christopher Spanton Master of The Buck, Abraham Lesturgeon, James Willson, Roope, William Kilwick, John Kitchinman, John Nicholson, John Mackareth, William Otby, and Benjamin Dobson, do attend this House, on Thursday the 20th Day of this Instant April, in order to be examined, as Witnesses touching the last mentioned Bill, for the better Government of Pilots.

Justices of the Peace further Qualification, Bill.

Ordered, That the Bill for the further Qualification of Justices of the Peace be considered, in a Committee of the whole House, on Friday the 21st Day of this Instant April.

Justices to proceed at Quarter Sessions, Bill.

Ordered, That the Bill to oblige the Justices of the Peace, at their General or Quarter Sessions, to determine Appeals made to them, according to the Merits of the Case, notwithstanding Defects of Form in the original Proceedings, be read a 2d Time on Friday the 21st Day of this Instant April; and that the Judges do then attend.

Persons to be naturalized, sworn.

Charles Holzendorf, Hermanus Berens, Isaac Van Assendelft, and James Dulanan, took the Oaths appointed, in order to their Naturalization.

Guinand, &c. Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to naturalize Joseph Guinand and David Dumouchell."

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

L. President.
D. Manchester.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Westmorland.
E. Shaftesbury.
E. Scarbrough.
E. Warrington.
E. Coventry.
E. Marchmont.
E. Ilay.
E. Bristol.
E. Fitzwalter.
Viscount Tadcaster.
Viscount Falmouth.
L. Bp. Durham.
L. Bp. Peterborough.
L. Bp. Chichester.
L. Bp. Landaff.
L. Bp. St. Davids.
L. Delawarr.
L. Willoughby Br.
L. Hunsdon.
L. Lynne.
L. Haversham.
L. Montjoy.
L. Bathurst.
L. Onslow.
L. Malton.
L. Raymond.

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

Holzendorf & al Petition referred to Committee.

Ordered, That the Petition of Charles Holzendorf and others, praying to be added to the said Bill, which on Friday last was ordered to lie on the Table till the 2d Reading thereof, be referred to the said Committee.

Act for Improvement of Tillage, to amend, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for amending and making more essectual an Act made in the First Year of the Reign of King James the Second, intituled, An additional Act for the Improvement of Tillage."

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

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on His 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; and 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 Pléasure, they attend Him immediately, in this House."

Who being come, with their Speaker; he, after a short Introduction in relation to the Land Tax and Salt Bills to be passed, delivered the same to the Clerk; who brought them to the Table; where the Clerk of the Crown read the Titles of those and the Titles of the other Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty-two."

"2. An Act for reviving the Duties on Salt, for the Term therein mentioned."

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

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

"3. An Act for the more easy Recovery of Debts, in His Majesty's Plantations and Colonies in America."

"4. An Act to explain an Act, made in the last Session of Parliament, intituled, "An Act for importing, from His Majesty's Plantations in America, directly into Ireland, Goods not enumerated in any Act of Parliament," so far as the said Act relates to the Importation of Foreign Hops into Ireland."

"5. An Act for providing a Recompence to Sir Thomas Lombe, for discovering and introducing the Arts of making and working the Three Capital Italian Engines for making Organzine Silk; and for preserving the Invention for the Benefit of this Kingdom."

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

"Le Roy le veult."

"6. An Act for vesting several Manors and Hereditaments, the Estate of Mountague Earl of Abingdon, in the Counties of Wilts, Oxon, Bucks, and Berks, in Trustees, to be sold, for raising Money, to discharge Debts and Incumbrances."

"7. An Act for Sale of the Manors of Kemble and Poole, in the County of Wilts, late the Estate of Henry Poole Esquire, deceased, for the Purposes therein mentioned."

"8. An Act for exchanging, enclosing, and reducing into Severalty, several Common Fields, Common Meadows, and Waste Grounds, within the Manor and Township of Little Kineton, in the County of Warwick."

"9. An Act for advancing and applying Four Thousand Pounds, Part of the Portion of Dame Anne Drake, Wife of Sir Francis Henry Drake Baronet; and for leasing out certain Lands and Hereditaments, in the County of Devon, for Lives, according to the Custom of the Country."

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

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Fulham Roads, &c. Act to amend, Bill.

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

With a Bill, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Roads, in the Parishes of Kensington, Chelsea, and Fulham, and other Parishes, in the County of Middlesex; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Phelan to put in his Answer to Devereux's Appeal.

A Petition of Mathias Phelan, Second Son and also Administrator cum Testamento annex. of Richard Phelan his Father, deceased, late Respondent to the Appeal of Robert Devereux Esquire, was presented, and read; praying, "That this Cause may stand revived, in the Name of the Petitioner; and that he may be at Liberty to put in his Answer to the said Appeal; and that it may come on to be heard at such Time as it would have done had the Petitioner's said late Father been now living:"

It is Ordered, That the said Cause do stand revived accordingly; and that the Petitioner be at Liberty to put in his Answer to the Appeal above-mentioned, in order that the same may come on to be heard at the Time it now stands appointed.

Bankrupts Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act to prevent the committing of Frauds by Bankrupts."

Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday the 20th Day of this Instant April; and the Lords to be summoned; and that printed Copies of the said Bill be sent to the Judges, who are hereby ordered to attend the said Committee of the whole House.

Bankrupt Prisoners, Petition referred to Committee.

Ordered, That the Petition of the several Bankrupt Prisoners in The Fleet, in relation to the said Bill, which was presented to the House on Friday last, and ordered to lie on the Table till the 2d Reading of the said Bill, be referred to the said Committee.

Ross to enter into a Recognizance for Easton & al.

The House being moved, "That Mr. Alexander Ross may be permitted to enter into a Recognizance for Robert Easton and others, on account of their Appeal; they residing in Scotland:"

It is Ordered, That the said Alexander Ross may enter into a Recognizance for the said Appellants, as desired.

Adjourn.

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

DIE Martis, 4o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Norwic.
Epus. Carliol.
Epus. Bangor.
Epus. Landav.
Epus. Menevens.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Montrose.
Dux Newcastle.
Dux Greenwich.
March. Tweeddale.
Comes Chesterfield, Senescallus.
Comes Northampton.
Comes Winchilsea & Nottingham.
Comes Shafteshury.
Comes Scarbrough.
Comes Coventry.
Comes Jersey.
Comes Rothes.
Comes Morton.
Comes Selkirk.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Bristol.
Comes Cowper.
Comes Fitzwalter.
Comes Effingham.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lynne.
Ds. Haversham.
Ds. Bathurst.
Ds. Monson.
Ds. Malton.
Ds. Raymond.

PRAYERS.

Lancashire and Cheshire Roads, Bill:

The Earl of Warrington reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and amending the Road leading from the Town of Manchester, in the County Palatine of Lancaster, through the Town of Ashton Under Line, and the Parish of Mottram Longdendale, and from thence to Salter's Brook, in the County Palatine of Chester," was committed: "That they had considered the said Bill, and examined the Allegations thereof; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Then the said Bill was read the Third Time.

And the Question being put, "Whether the same shall pass?"

It was Resolved in the Affirmative.

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

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

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

Hall, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Mary Hall Widow, Mother and Cuardian of Thomas Hall an Infant, 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 vest in Mary Hall Widow certain Copyhold Lands, in the Manors of Bedlington and Chester en le Street, in the County of Durham, to sell the same, and thereby to perform the Trusts mentioned in the Will of Anne Hancock Widow, deceased."

Swinburn's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for raising Money, out of the Estate late of Surtees Swinburne Esquire, deceased, for compounding and paying the Portions charged thereon to his Younger Sons William and Robert Swinburne, and for paying the Debts of Cuthbert Swinburne Esquire, deceased," was committed: That they had considered the said Bill, and examined the Allegations thereof; 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.

Accounts of Exports of Sugar, delivered.

The House being informed, "That Mr. Oxenford, from the Custom-house, attended:"

He was called in; and delivered, at the Bar, pursuant to the Order of Wednesday last,

"A Return of the Commissioners of the Customs, with Accounts of the Exports of Sugar, from Christmas 1710, to Christmas 1720; and Customs paid on Sugars imported, from Christmas 1720, to Christmas 1730; and also Accounts of the Number of Ships, with their Tonnage, entered at the several Ports of Great Britain, from the Sugar and Northern Colonies, from Christmas 1720, to Christmas 1730."

And then he withdrew.

And the Titles of the said Accounts were read, by the Clerk.

L. Montjoy's Privilege: Bissell & al. discharged, paying their Fees.

Nicholas Taylor, John Rowlands Junior, Rich'd Bissell Junior, Thomas Smithen, Charles Jones, and Flock Kendrick, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege, in breaking down some Locks, or Sluices, on the River Avon, in the County of Worcester, belonging to the Lord Montjoy, were (according to Order) brought to the Bar, by the said Serjeant; where they (on their Knees) receiving a Reprimand from the Lord Chancellor for their Offences, were discharged out of Custody, paying their Fees.

Capt. Hanulton against the Dutch E. I. Company.

After hearing Counsel, upon the Petition and Appeal of Captain Alexander Hamilton; complaining of an Interlocutory of the Lords of Session in Scotland, of the 24th of July last; as also of an Interlocutory of the Lord Ordinary, the 27th of the same Month; and likewise of another Interlocutory of the said Lords of Session, the 23d of December following, made on the Behalf of the Directors of the Dutch East India Company and Mr. William Drummond of Grange their Factor; and praying, "That the same may be reversed:" As also upon the Answer of the said Directors and William Drummond put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors 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 several Interlocutories therein complained of be, and the same are hereby, affirmed.

Adjourn.

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

DIE Mercurii, 5o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Winton.
Epus. Norwic.
Epus. Carliol.
Epus. Cestriens.
Epus. Cicestriens.
Epus. Landavens.
Epus. Menevens.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Grcenwich.
March. Tweeddale.
Comes Suffolk.
Comes Winchilsea & Nottingham.
Comes Shaftesbury.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Craufurd.
Comes Sutherland.
Comes Rothes.
Comes Moreton.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Aylesford.
Comes Bristol.
Comes Cowper.
Comes Fitzwalter.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lynne.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Monson.
Ds. Malton.

PRAYERS.

Hall's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to vest in Mary Hall Widow certain Copyhold Lands, in the Manors of Bedlington and Chester en le Street, in the County of Durham, to sell the same, and thereby to perform the Trusts mentioned in the Will of Anne Hancock Widow, deceased."

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

L. President.
D. Greenwich.
March. Tweeddale.
Comes Suffolk.
Comes Shaftesbury.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Marchmont.
Comes Ilay.
Comes Aylesford.
Comes Bristol.
Comes Fitzwalter.
Viscount Tudcaster.
Viscount Falmouth.
L. Bp. Winton.
L. Bp. Norwich.
L. Bp. Carlisle.
L. Bp. Chester.
L. Bp. Landaff.
L. Willoughby Br.
L. Hunsdon.
L. Lynne.
L. Montjoy.
L. Foley.
L. Bathurst.
L. Onslow.
L. Monson.
L. Malton.

Their Lordships, or any Five of them; to meet on Thursday the 20th Day of this Instant April, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Francis, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of John Francis Clerk was referred; praying Leave to bring in a Bill, for the Purposes therem 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 charging the settled Estate of John Francis Clerk with the Payment of his Father's Debts and Legacies; and for settling another Estate, of greater Value, to the Uses of his Marriage Settlement."

Paddington Church-yard, Bill.

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

With a Bill, intituled, "An Act for enlarging the Church-yard of the Parish of Paddington, in the County of Middlesex;" to which they desire the Concurrence of this House.

Parton Harbour, Bill.

A Message was brought from the House of Commons, by Sir Wilfred Lawson and others:

With a Bill, intituled, "An Act for enlarging the Term granted by an Act made in the Eleventh Year of the Reign of His late Majesty King George the First, for re-burlding the Pier and Harbour of Parton, in the said County of Cumberland;" to which they desire the Concurrence of this House.

Scarborough Harbour, Bill.

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

With a Bill, intituled, "An Act to enlarge the Pier and Harbour of Scarborough, in the County of York;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

Address for an Act in Barbadoes, for a Duty on Sugal, &c.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order to be laid before this House, a Copy of an Act passed in Barbadoes, the 21st of March 1715, laying an Imposition or Duty on all Sugars, Molasses, and Rum, imported into that Island, which are not the natural Product, Growth, and Manufacture, of some of His Majesty's Colonies; together with His late Majesty's Order in Council, of the 17th of October 1717, confirming the same; and also, the 96th Instruction given to the late Governor of Barbadoes, and the like Instruction to each Governor of His Majesty's Plantations in America."

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

Account of Rum imported, to be brought.

Ordered, That the Commissioners of the Customs do lay before this House, an Account of all Rum imported into Great Britain, from Christmas 1720, to Christmas 1731.

Swinburne's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for raising Money, out of the Estate late of Surtees Swinburne Esquire deceased, for compounding and paying the Portions charged thereon to his Younger Sons William and Robert Swinburne; and for paying the Debts of Cuthbert Swinburne Esquire, deceased."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

West and Erisey's Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act to establish and confirm an Agreement made between John West Esquire, on the Behalf of his Daughters Mary West and Frances West, Infants, Sir Francis Vyvyan Baronet, and Mary Erisey, and to render the same effectual," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.

L. Montjoy's Privilege;

A Petition of Thomas Reynolds, in Custody of the Gentleman Usher of the Black Rod, for a Breach of Privilege against the Lord Montjoy, expressing the Sense he has of his Crime, begging Pardon for the same, and praying to be discharged, was presented to the House, and read.

As was also, a Petition of Charles Hawker, in Custody of the Serjeant at Arms, for a Breach of Privilege against the said Lord Montjoy, expressing his Sorrow for his Offence, begging Pardon for the same, and praying to be discharged:

It is Ordered, That the Petitioners be brought to the Bar immediately, in order to their Discharge, paying their Fees.

Reynolds and Hawker brought to the Bar and discharged.

Accordingly they were brought to the Bar, by the said Gentleman Usher and Serjeant; and there, on their Knees, receiving a Reprimand from the Lord Chancellor for their said Offences, were discharged out of Custody, paying their Fees.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for continuing an Act of the Eleventh Year of His late Majesty's Reign, intituled, "An Act for more effectual disarming The Highlands, in that Part of Great Britain called Scotland; and for the better securing the Peace and Quiet of that Part of the Kingdom;" to which they desire the Concurrence of this House.

Method of drawing up Decrees in Courts of Equity: Witnesses to be sworn.

Ordered, That all such Persons as the Committee appointed to consider of the Method of drawing up, entering, and passing, Decrees and Orders of Courts of Equity, shall think fit to examine, shall be first sworn at the Bar of this House, in order to their Examination.

Act for Improvement of Tillage, to amend, Bill.

Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for amending and making more effectual an Act made in the First Year of the Reign of King James the Second, intituled, An additional Act for the Improvement of Tillage:"

It is Ordered, That this House shall be put into a Committee thereupon, on the First Day of Meeting after the Recess; and that the said Bill be forthwith printed.

Fergusson against Maitland & al.

After hearing Counsel, upon the amended Petition and Appeal of William Fergusson of Auchinbtain Esquire; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 13th of February 1729, and 3d of July following; and also of an Interlocutor of the Lord Ordinary, the 15th of the same Month; likewise of another Interlocutor of the said Lords of Session, the 22d; and also of another Interlocutor of the said Lord Ordinary, of the 26th of the same July, made on the Behalf of Mr. William Maitland Minister of Mauchline; and praying, "That the same may be reversed:" As also upon the Answers of the said William Maitland, in the Behalf of himself, and of James Rob Merchant in Edinburgh and Isabell Campbell his Wife, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed, with Costs to Respondent Maitland.

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 several Interlocutors therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondent William Maitland, the Sum of Sixty Pounds, for his Costs in respect of the said Appeal.

West and Erisey's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to establish and confirm an Agreement made between John West Esquire, on the Behalf of his Daughters Mary West and Frances West, Infants, Sir Francis Vyvyan, and Mary Erisey; and to render the same effectual."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Adjourn.

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

DIE Jovis, 6o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Carliol.
Epus. Cestriens.
Epus. Menevens.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Greenwich.
Comes Chesterfield, Senescallus.
Comes Winchilsea & Nottingham.
Comes Thanet.
Comes Warrington.
Comes Rochford.
Comes Craufurd.
Comes Sutherland.
Comes Moreton.
Comes Marchmont.
Comes Ilay.
Comes Bristol.
Comes Halifax.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Haversham.
Ds. Montjoy.
Ds. Onslow.
Ds. Monson.

PRAYERS.

Devereux against Phelan.

The Answer of Mathias Phelan, Second Son and also Administrator cum Testamento annex. of Richard Phelan his Father, deceased, late Respondent to the Appeal of Robert Devereux Esquire, was brought in.

Bromley's Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for exchanging of certain Lands, between Henry Bromley Esquire, and the Master, Fellows, and Scholars, of Pembroke Hall, in the University of Cambridge," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.

Guinand, &c. Nat. Bill.

The Lord Viscount Falmouth also reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Joseph Guinand and David Dumouchell," was committed: "That they had considered the said Bill, as likewise the Petition to them referred; and had gone through the same, with some Amendments."

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

Staunton Common to enclose, Bill.

The Lord Viscount Falmouth likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming the Exchanges, Enclosures, and Divisions, of the Common Fields, Common Meadows, Common Grounds, and Commons, within the Parish of Staunton, in the County of Wilts, and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.

Francis's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for charging the settled Estate of John Francis Clerk, with the Payment of his Father's Debts and Legacies; and for settling another Estate, of greater Value, to the Uses of his Marriage Settlement."

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

L. President.
D. Greenwich.
E. Winchilsea.
E. Warrington.
E. Rochford.
E. Moreton.
E. Marchmont.
E. Ilay.
E. Bristol.
E. Halifax.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth.
L. Bp. Carlisle.
L. Bp. Chester.
L. Bp. St. Davids.
L. Willoughby Br.
L. Hunsdon.
L. Haversham.
L. Montjoy.
L. Onslow.
L. Monson.

Their Lordships, or any Five of them; to meet on Friday the 21st Day of this Instant April, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

For disarming The Highlands, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for continuing an Act of the Eleventh Year of His late Majesty's Reign, intituled, "An Act for more effectual disarming The Highlands, in that Part of Great Britain called Scotland; and for the better securing the Peace and Quiet of that Part of the Kingdom."

Message from H. C. to return Strangeways' Bill.

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

To return the Bill, intituled, "An Act for making Leases of the Estate late of Thomas Strangeways Esquire, and Elizabeth late Dutchess of Hamilton his Sister (both deceased); and for applying the Money arising thereby for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Paddington Church yard, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Church-yard of the Parish of Paddington, in the County of Middlesex."

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

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

Parton Harbour, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act made in the Eleventh Year of the Reign of His late Majesty King George the First, for re-building the Pier and Harbour of Parton, in the County of Cumberland."

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

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

Scarborough Pier, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enlarge the Pier and Harbour of Scarborough, in the County of York."

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

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

Leave for a Bill, touching Conduits, &c. in Hyde Park:

A Petition of some of the Trustees for the Poor of the Parishes of St. Martin in the Fields, in the County of Middlesex, and of Watford and Barkhampstead St. Peters, in the County of Hertford, in Behalf of themselves, and other Proprietors of the Conduits, Springs, and Waters, in Hyde Park, was presented, and read; praying Leave to bring in a Bill, for vesting of the said Conduits, Springs, and Waters, in Trustees, for the Benefit of His Majesty:

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

Bill read.

Whereupon the Earl of Ilay presented to the House a Bill, intituled, "An Act for vesting the Conduits, Springs, and Waters, in Hyde Park, in Trustees, for the Benefit of His Majesty."

And the same was read the First Time.

Message from H. C. to return Mitchell's Bill.

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

To return the Bill, intituled, "An Act for Sale of the Estate of Thomas Mitchell deceased, lying in the County of Warwick, for Payment of the Debts charged thereupon; and for making Provision for his Widow and Infant Children;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Ryves Petition for a short Day to hear Bindon's Appeal.

A Petition of William Ryves Merchant, Respondent to the Appeal of David Bindon Merchant, was presented, and read; setting forth, "That, as soon as he had Notice of the said Appeal, he came from Ireland hither, and put in his Answer without Loss of Time, and applied to have the Cause set down to be heard; notwithstanding which, there are so many Causes prior to this, that it is doubtful whether the same will in Course come on to be heard this Session;" and praying, "that a short Day may be appointed, for hearing the said Appeal:"

It is Ordered, That, on the First Day of Meeting after the Recess, this House will take the said Petition into further Consideration; and the Lords to be summoned.

King's Answer to the Address concerning Act passed in Barbadoes, &c.

The Lord Steward acquainted the House, "That the Lords with White Staves (according to the Order Yesterday) had presented to His Majesty their Lord ships Address, for a Copy of an Act passed in Barbadoes for a Duty on Sugar, an Order of Council confirming the same, and an Instruction to the Governors of the Plantations in America; and that His Majesty had been graciously pleased to give Directions for laying the same before this House."

Papers from the Board of Trade delivered.

Then the Earl of Westmorland, from the Board of Trade, presented to the House the said Act, Order, and Instruction.

And the Titles thereof were read, by the Clerk.

Account of Rum imported, delivered.

The House being informed, "That Mr. Oxenford, Inspector General of the Customs, attended:"

He was called in; and delivered, at the Bar, pursuant to the Order of Yesterday,

"A Return of the Commissioners of the Customs, with an Account of all Rum imported into England, from Christmas 1720, to Christmas 1730."

And then he withdrew.

And the Title thereof was read, by the Clerk.

Murphy's Appeal revived, the Respondent being dead.

A Petition of William Brown, an Infant, Brother and Heir at Law of Hugh Brown, an Infant, late of Cork, in the Kingdom of Ireland, deceased, and also Heir at Law of Mary Brown his Mother, also deceased, by his Guardian and Father William Brown, was presented, and read; setting forth, "That, on hearing Counsel, the 15th of March last, in relation to the Appeal of Samuel Murphy, an Infant, it was ordered, "That the Court of Chancery in Ireland, from whence the said Appeal is brought, should give proper Directions for the speedy Trial of an Issue in a Court of Law there, whether the said Samuel Murphy is Son and Heir of Samuel Murphy, a former Appellant, deceased;" since which Order, the Respondent to the said Appeal is dead, and the Petitioner is apprehensive the said Court of Chancery may be at a Loss how to direct the said Issue, for Want of a Representative to him;" and praying, "in regard the Petitioner is Brother and Heir at Law to the said Respondent, that the said Appeal may be revived with respect to the Petitioner:"

It is Ordered, That the said Appeal do stand revived accordingly; and that the Petitioner be at Liberty to put in his Answer thereunto, in Writing; and that he be comprized in the Order for trying the Issue which is to be directed by the said Court of Chancery in Ireland.

Sugar Colonies, Bill.

The Order of the Day being read, for hearing Counsel as well against, as for the Bill, intituled, "An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America:"

It is Ordered, That the said Hearing be adjourned till Tuesday Fortnight, the 25th Day of this Instant April.

Adjourn.

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

Footnotes

1 Sic.