House of Lords Journal Volume 24
April 1733, 21-30

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History of Parliament Trust

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Year published

1767-1830

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242-251

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'House of Lords Journal Volume 24: April 1733, 21-30', Journal of the House of Lords volume 24: 1732-1737 (1767-1830), pp. 242-251. URL: http://british-history.ac.uk/report.aspx?compid=114005 Date accessed: 23 November 2014.


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April 1733, 21-30

DIE Lunæ, 23o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Roffen.
Epus. Lich. & Cov.
Epus. Petriburg.
Epus. Bangor.
Epus. Landav.
Epus. Menevens.
Epus. Norwic.
Epus. Bristol.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Richmond.
Dux Bedford.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Manchester.
March. Tweeddale.
Comes Leicester.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Winchilsea & Nott.
Comes Chesterfield.
Comes Thanet.
Comes Clarendon.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Jersey.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Ker.
Comes Fitzwalter.
Viscount Tadcaster.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Guilford.
Ds. Haversham.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.

PRAYERS.

The Lord Delawarr sat Speaker, by virtue of a former Commission.

Accompt of Tea, &c. imported, delivered.

The House being informed, "That the Collector of the Customs Inwards attended:"

He was called in; and delivered, at the Bar (pursuant to an Order of the 3d Instant),

"The Return of the Commissioners of the Customs, with an Account of the Quantity of Tea and Coffee imported, with the Amount of the Duties received on those Quantities, and the Charges in collecting the same, from Midsummer 1724, to Christmas 1731."

And then he withdrew.

And the Titles of the said Return and Account were read, by the Clerk.

Tomlison to attend Sugar Colonies Bill.

The House being moved, "That Captain John Tomlinson may be required to attend this House, to be examined, as a Witness, upon the Bill for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America."

The same was ordered accordingly.

Lamotte's Nat. Bill.

The Lord Viscount Tadcaster reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Jean Lagier Lamotte," was committed: "That they had considered the said Bill; as also the Petition of George Godfried Hasenseller, to them referred; and had gone through the same, and made some Amendments thereunto."

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

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "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-three."

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

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

Little Hampton, alias Arundel Port, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for erecting Piers in, and for repairing and keeping in Repair, the Harbour of Little Hampton, called Arundell Port, in the County of Sussex."

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

It was Resolved in the Affirmative.

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

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

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

Berkshire Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Roads leading from a Place called St. John's Bridge, in the County of Berks, to a Place called Fyfield, in the said County."

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

L. President.
L. Chamberlain.
D. Bedford.
D. Montagu.
D. Montrose.
D. Manchester.
Marq. Tweeddale.
E. Northampton.
E. Warwick.
E. Berks.
E. Shaftesbury.
E. Scarbrough.
E. Warrington.
E. Marchmont.
E. Ilay.
E. Strafford.
E. Aylesford.
E. Macclesfield.
E. Pomfret.
Vis. Tadcaster.
Vis. Falmouth.
L. B. London.
L. B. Rochester.
L. B. Bangor.
L. B. Landaff.
L. B. St. Davids.
L. B. Norwich.
L. B. Bristol.
L. Delawarr.
L. Hunsdon.
L. Bruce.
L. Cornwallis.
L. Guilford.
L. Haversham.
L. Montjoy.
L. Foley.
L. Bathurst.
L. Onslow.
L. Cadogan.
L. Monson.
L. Lovelace.

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

Lord James Murray's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the First Year of the Reign of His late Majesty King George the First, intituled, "An Act for vesting the Honour and Estate of John Duke of Atholl in James Murray (commonly called Lord James Murray), after the Death of the said Duke."

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

Sugar Colonies, Bill.

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

The Counsel and Agents were called in.

And the said Bill was read a Second Time.

And Counsel were heard, for several of the Petitioners, against the Bill.

And Mr. Richard Partridge, Agent for the Colony of Rhoad Island and Providence Plantation, was likewife heard, against the said Bill.

Then several Witnesses were examined upon Oath, as to the Nature of the Trade of the Northern Colonies; the Commodities they exchange with the French and Dutch; the Dealings they have with the Indians; what Shipping they have, and the Use the same is put to; what Lumber they have, and how vended; and as to the Price of Sugar in the Sugar Colonies, and other Matters.

And then they were directed to withdraw.

Ordered, That the further Hearing, in relation to this Bill, be adjourned till To-morrow.

Adjourn.

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

DIE Martis, 24o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Lincoln.
Epus. Roffen.
Epus. Carliol.
Epus. Lich. & Cov.
Epus. Cestriens.
Epus. Bangor.
Epus. Menevens.
Epus. Norwic.
Epus. Bristol.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bedford.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Manchester.
March. Tweeddale.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Shaftesbury.
Comes Litchfield.
Comes Gainsborough.
Comes Scarbrough.
Comes Warrington.
Comes Jersey.
Comes Morton.
Comes Buchan.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Dartmouth.
Comes Aylesford.
Comes Bristol.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Fitzwalter.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Lovelace.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Guilford.
Ds. Haversham.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.

PRAYERS.

The Lord Delawarr sat Speaker, by virtue of a former Commission.

Berkshire Roads, Bill.

The Lord Bathurst reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Roads leading from a Place called St. John's Bridge, in the County of Berks, to a Place called Fyfield, in the said County," was committed: That they had considered the said Bill, and gone through the same, and made One Amendment thereunto."

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

Frivolous Arrests, to prevent, and Proceedings in Wales to be in English, Bill.

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

To return the Bill, intituled, "An Act for the more effectual preventing frivolous and vexatious Arrests; and for the more easy Recovery of Debts and Damages, in the Courts of Great Sessions in the Princi pality of Wales, and in the Court of Assize in the County Palatine of Chester; and for the obviating a Doubt which has arisen, upon an Act made in the Fourth Year of His present Majesty's Reign, intituled, "An Act that all Proceedings in Courts of Justice, within that Part of Great Britain called England, and in the Court of Exchequer in Scotland," shall be in the English Language," so far as the same Act doth or may relate to the Courts of Justice holden within the said Principality; and for explaining and amending the said Act;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill, with some Amendments, whereunto they desire their Concurrence.

Ordered, That the said Amendments be taken into Consideration on this Day Sevennight; and the Lords to be summoned.

Messages from H. C. with a Bill, and to return Prestwood's Bill:

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

To return the Bill, intituled, "An Act for Sale of Part of the Estate of Thomas Prestwood Esquire, in the County of Devon, for discharging an Incumbrance affecting the same, and other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Pitt's Bill;

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

To return the Bill, intituled, "An Act for rendering more useful, and preventing the Inconveniencies likely to arise from a Covenant in, the Marriage Settlement made by George Pitt Esquire; and for making good and effectual the Agreements, Limitations, and Provisions, made by the Parties for that Purpose, contained in an Indenture of Settlement lately made;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and L. Abergavenny's Bill.

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

To return the Bill, intituled, "An Act for Sale of the Manors of Kidderminster Borough and Kidderminster Forren, Part of the entailed Estate of William Lord Abergavenny; and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Harvest's Bill.

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

With a Bill, intituled, "An Act for vesting in Trustees certain Messuages, Houses, and Buildings, in Mark Lane, in the City of London, the Estate of George Harvest an Infant, to be sold (subject to the Payment of Twenty Pounds, and Four Pounds Ten Shillings per Annum, charged thereupon); and for laying out the Money arising by such Sale in the Purchase of other Lands, to be settled to such Uses as the Premises to be sold now stand limited;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the Consideration of the said Bill be, and is hereby, referred to Mr. Justice Probyn and Mr. Justice Reeve; who are forthwith to summon all Parties that are to be concerned therein; and, after hearing them, and perusing a Copy of the Bill attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Roberts, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of David Roberts Esquire and others; 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 of David Roberts Esquire, for discharging the Debts and Incumbrances of himself and his late Father; and for settling an Equivalent for the same, for the Benefit of the several Persons claiming under his Marriage Settlement."

Land Tax Bill:

Hodie 3a vice lecta est Billa, intituled, "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 Thirtythree."

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

It was Resolved in the Affirmative.

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

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

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

Sugar Colonies, Bill.

Counsel (according to Order) were called in, to be further heard, in relation to the Bill, intituled, "An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America."

And Counsel were heard for the Bill.

And several Witnesses were examined, on their Part, upon Oath, in relation to the Quantity of Sugar and Rum which the Sugar Colonies produced, the Goodness of the Rum made there, and as to the Condition in which those Colonies are; also in relation to Lumber produced in the Northern Colonies; and touching the Fishery there, and the Number of Men employed therein; and likewise as to the Trade carried on from New England with the Indians; and other Matters.

Which done;

An Act of the General Assembly there, for the Treasurer's paying of Money, was read.

And the Counsel against the Bill, and the Agent for Rhoad Island, were heard, by Way of Reply.

And an Act of the aforementioned Assembly, for the Currency of Bills of Credit, being read;

The Counsel were directed to withdraw.

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight.

Adjourn.

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

DIE Mercurii, 25o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Lincoln.
Epus. Roffen.
Epus. Carliol.
Epus. Lich. & Cov.
Epus. Cestrien.
Epus. Bangor.
Epus. Landav.
Epus. Menevens.
Epus. Norwic.
Epus. Bristol.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Graston, Camerarius.
Dux Richmond.
Dux Bedford.
Dux Rutland.
Dux Kent.
Dux Newcastle.
Dux Manchester.
March. Tweeddale.
Comes Leicester.
Comes Warwick & Holland.
Comes Denbigh.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Thanet.
Comes Scarsdale.
Comes Clarendon & Rochester.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Craufurd.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Fitzwalter.
Comes Effingham.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Byron.
Ds. Cornwallis.
Ds. Guilford.
Ds. Weston.
Ds. Haversham.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.

PRAYERS.

Sir T. Janssen's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in Sir Theodorc Janssen Knight and Baronet, and his Heirs, the Remainder in Fee Simple, now in the Crown, expectant on the Determination of certain Estates Tail, of and in the Manor and Advowson of Ower Moigne, in the County of Dorset, and several Lands and Hereditaments to the same Manor belonging," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Explaining Act to enclose Aldham and Boyne Commons, Bill.

The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act for explaining and amending Part of an Act made in the Second Year of the Reign of His present Majesty, 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 heard Counsel for Doctor Wilkins, upon his Petition to them referred; as likewise Counsel for the Bill; and had 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.

Mr. Morison to be heard, against Fleet Ditch Bill.

Upon reading the Petition of William Morison Esquire; praying, "That he may be heard, by his Counsel, against the Bill, intituled, "An Act for filling up such Part of the Channel of Bridewell Dock and Fleet Ditch as lies between Holborn Bridge and Fleet Bridge; and for converting the Ground, when filled up, to the Use of the City of London; there being no Provision in the Bill, for saving any Right the Petitioner may have:"

Ordered, That the said Bill, which was committed to a Committee of the whole House, be committed to the Consideration of the Lords following; (videlicet,)

Ld. President.
L. Chamberlain.
D. Rutland.
D. Kent.
D. Newcastle.
D. Manchester.
M. Tweeddale.
E. Warwick.
E. Litchfield.
E. Scarbrough.
E. Warrington.
E. Ilay.
E. Strafford.
E. Aylesford.
E. Macclesfield.
E. Effingham.
Viscount Tadcaster.
Viscount Falmouth.
Ld. Bp. London.
L. Bp. Lincoln.
L. Bp. Carlisle.
L. Bp. Chester.
L. Bp. Norwich.
L. Bp. Bristol.
Ld. Delawarr.
L. Hunsdon.
L. Cornwallis.
L. Guilford.
L. Haversham.
L. Foley.
L. Bathurst.
L. Onslow.
L. Cadogan.

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

Ordered, That the said Petition be referred to the Consideration of the said Committee; and that the Petitioner may be heard, by his Counsel, before their Lordships; as may Counsel also be heard for the Bill, at the same Time.

Evelyn against Evelyn & al.:

Upon reading the Petition of Anne Evelyn, Elizabeth Evelyn, and Mary Evelyn, Infants, by John Garth Esquire, their next Friend; praying, "In regard the Cause upon their Appeal is of great Consequence, and the Case very long; that the Hearing thereof, which stands for To-morrow, may be put off to Tuesday the First Day of May next."

Whereupon the Agents on both Sides were called in.

And Mr. Dixon, the Respondents Agent, consenting to the Prayer of the said Petition:

They were directed to withdraw.

And being withdrawn:

Cause put off by Consent.

It is Ordered, That the Hearing of the said Cause be put off accordingly to Tuesday the said First Day of May next; and that the Judges do then attend.

Roberts's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for selling Part of the settled Estate of David Roberts Esquire, for discharging the Debts and Incumbrances of himself and his late Father; and for settling an Equivalent for the same, for the Benefit of the several Persons claiming under his Marriage Settlement."

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

Their Lordships, or any Five of them; to meet on Thursday the 10th Day of May next, at the usual Time and Place; and to adjourn as they please.

Fox, Leave for a Bill, concerning the Claimants under the late L. Bingley's Will:

After reading, and considering, the Report of the Judges to whom was referred the Petition of George Fox Esquire and Harriot his Wife; 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 the several Persons claiming under the Will or Codicil of Robert late Lord Bingley, when they shall be entitled to the Estates comprized therein, or directed to be purchased thereby, to make Leases for One and Twenty Years, at the best improved Rents, without taking Fines."

Berkshire Roads, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Roads leading from a Place called St. John's Bridge, in the County of Berks, to a Place called Fyfield, in the said County."

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

It was Resolved in the Affirmative.

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

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

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

Lamotte's Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to naturalize Jean Lagier Lamotte."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

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

Hertford, &c. Roads, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, for repairing the Roads therein mentioned, from the Parish of Enfield, in the County of Middlesex, to the Town of Hertford, and to the great Bridge in Ware, in the County of Hertford; and for amending the Road from the said Great Bridge to the South End of the Great Bridge at Wade's Mill, and from the great Road at Cheshunt to the West End of Small Lea Bridge, in the said County of Hertford."

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 at the usual Time and Place, on this Day Sevennight; and to adjourn as they please.

Visc. Dowager Lanesborough against Morgan.

After hearing Counsel, in Part, to argue the Errors assigned upon a Writ of Error, wherein Mary Viscountess Dowager Lanesborough is Plaintiff, and Mark Anthony Morgan Esquire, Lessee of George Fox Esquire, Defendant:

It is Ordered, That the further hearing the said Errors argued, in this Case, be adjourned till Tomorrow; and the Judges then again to attend.

Adjourn.

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

DIE Jovis, 26o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Lincoln.
Epus. Carliol.
Epus. Lich. & Cov.
Epus. Petriburg.
Epus. Cestriens.
Epus. Cicestriens.
Epus. Bangor.
Epus. Landav.
Epus. Menevens.
Epus. Norwic.
Epus. Bristol.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Manchester.
March. Tweeddale.
Comes Leicester.
Comes Warwick & Holland.
Comes Denbigh.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Scarsdale.
Comes Clarendon & Rochester.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Jersey.
Comes Craufurd.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford & Co. Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Fitzwalter.
Viscount Tadcaster.
Viscount Falmouth.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Guilford.
Ds. Haversham.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.

PRAYERS.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act for the more effectual repairing the Roads leading from Wade's Mill, in the County of Hertford, to Barley and Royston, in the said County;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir George Oxenden and others:

With a Bill, intituled, "An Act to explain and amend an Act made in the Seventh and Eighth Years of the Reign of King William the Third, intituled, "An Act for the further regulating Elections of Members to serve in Parliament, and for the preventing irregular Proceedings of Sheriffs and other Officers in the electing and returning such Members," so far as the same relates to the holding of County Courts;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by the Lord Grimston and others:

With a Bill, intituled, "An Act for enlarging the Term granted by an Act passed in the First Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Highways through the several Parishes of St. Michael, St. Alban, St. Peter, Shendley Ridge, and South Mims, in the Counties of Hertford and Middlesex;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir Nathaniel Curzon and others:

With a Bill, intituled, "An Act to explain and amend an Act made in the Second Year of His present Majesty's Reign, intituled, "An Act for the better Regulation of Attornies and Solicitors;" to which they desire the Concurrence of this House.

Message from thence, to return the Bill for Exchange of Lands in Hothorpe.

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

To return the Bill, intituled, "An Act for vesting divers Lands and Tithes in Hothorpe, in the County of Northampton, the Estate late of Griffith Davies deceased, and of Arthur Dagget, in Trustees, to such Uses as the Manor of Hothorpe aforesaid stands settled, and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Claimants under the late L. Bingley's Will to make Leases Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the several Persons claiming under the Will or Codicil of Robert late Lord Bingley, when they shall be entitled to the Estates comprized therein, or directed to be purchased thereby, to make Leases for One and Twenty Years, at the best improved Rents, without taking Fines."

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

Ld. President.
L. Chamberlain.
D. Montagu.
D. Kent.
M. Tweeddale.
E. Warwick.
E. Shaftesbury.
E. Scarbrough.
E. Warrington.
E. Marchmont.
E. Ilay.
E. Strafford.
E. Aylesford.
E. Macclesfield.
E. Pomfret.
Viscount Tadcaster.
Viscount Falmouth.
Ld. Bp. London.
L. Bp. Durham.
L. Bp. Lincoln.
L. Bp. Carlisle.
L. Bp. (fn. 1) Bangor.
L. Bp. Norwich.
Ld. Delawarr.
(fn. 1) L. Hunsdon.
L. Cornwallis.
L. Lynne.
L. Foley.
L. Bathurst.
L. Hobart.
L. Monson.
L. Lovell.

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

Visc Dowager Lanesborough against the Lessee of Fox, in Error, from Ireland:

After hearing Counsel, as well Yesterday as this Day, to argue the Errors assigned upon a Writ of Error brought into this House the 26th Day of February last, wherein Mary Viscountess Dowager Lanesborough is Plaintiff, and Mark Anthony Morgan Esquire, Lessee of George Fox Esquire, Defendant, in order to reverse a Judgement given in the Exchequer Chamber in Ireland, affirming a Judgement in Ejectment brought by the Defendant in the Court of Exchequer in that Kingdom:

And the unanimous Opinions of the Judges present, touching certain Points of Law to them proposed, having been delivered; and due Consideration had of what was offered on both Sides in this Case:

Judgements reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the said Court of Exchequer, and the Judgement given in the said Exchequer Chamber affirming the same, be, and are hereby, reversed.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows:

"Sed quia Cur. Parliamenti prædict. nunc hic de Judicio suo de & super Præmissis reddend. nondum advisatur, Dies inde dat. est Partibus prædictis, coram dicto Domino Rege, in eadem Cur. Parliamenti, apud Westm. usque Diem Jovis, Vicesimum Sextum Diem Aprilis, Anno Regni dicti Domini Regis Sexto, de Judicio suo inde audiend. eo quod Cur. Parliamenti prædict. nunc hic inde nondum &c.; ad quem Diem, coram dicto Domino Rege, in eadem Cur. Parliamenti apud Westm. ven. Partes prædict. per Attorn. suos prædict.; super quo, visis & per Cur. Parliamenti prædict. diligenter examinat. & plenius intellect. tam Record. & Process. prædict. ac Judic. superinde reddit. necnon Judic. Affirmation. ejusdem Judic. quam prædict. Causis pro Error. superius assign. & allegat. videtur Cur. Parliamenti prædict. quod Record. ill. vitiosum & defectivum existit, & quod in Record. & Process. prædict. ac etiam in Redditione Judicii prædict. in prædict. Cur. ipsius Domini Regis, coram Baronibus ipsius Domini Regis de Scaccario ipsius Domini Regis in Hib'nia, necnon in Judic. Affirmation. ejusdem Judicii, manifeste est Errat.: Ideo considerat. est per candem Cur. Parliamenti, quod Judic. prædict. in prædict. Cur. ipsius Domini Regis, coram Baronibus ipsius Domini Regis de Scaccario ipsius Domini Regis in Hib'nia, necnon Judic. Affirmation. ejusdem Judicii ob Error. ill. & al. in Record. & Process. prædict. existen. revocentur, adnullentur, & penitus pro nullo habeantur; & quod prædict. Maria Vicecomitissa Dotissa Lanesborough ad omnia quæ ipsa Occasione Reddition. separal. Judicior. prædict. amisit restituatur; ac superinde Record. prædict. & Process. prædict. in eadem Cur. Parliamenti, per eandem Cur. Parliamenti dicti Domini Regis prædict. Cur. dicti Domini Regis coram prædict. Baronibus de Scaccario prædict. in prædict. Regno Hib'niæ, remittuntur, & in eadem Cur. jam resident &c."

Adjourn.

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

DIE Veneris, 27o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Lincoln.
Epus. Roffen.
Epus. Carliol.
Epus. Menevens.
Epus. Norwic.
Epus. Bristol.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Somerset.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Dorset.
March. Tweeddale.
Comes Northampton.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Jersey.
Comes Craufurd.
Comes Morton.
Comes Buchan.
Comes Marchmont.
Comes Ilay.
Comes Dartmouth.
Comes Aylesford.
Comes Harborough.
Ds. Delawarr.
Ds. Clinton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Foley.
Ds. Bathurst.

PRAYERS.

Sir T. Janssen's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting in Sir Theodore Janssen Knight and Baronet, and his Heirs, the Remainder in Fee Simple, now in the Crown, expectant on the Determination of certain Estates Tail, of and in the Manor and Advowson of Ower Moigne, in the County of Dorset, and several Lands and Hereditaments to the same Manor belonging."

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

It was Resolved in the Affirmative.

Explaining Act for enclosing Aldham and Boyn Commons, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for explaining and amending Part of an Act made in the Second Year of the Reign of His present Majesty, 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."

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

It was Resolved in the Affirmative.

Message to H. C. with these Two Bill.

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

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

Witnesses to attend, on Fleet Ditch Bill.

The House being moved, "That Edward Seymour, William Midford, Joseph Scyren, and Thomas Burdus, Esquire, be required forthwith to attend this House, to be sworn, in order to be examined, as Witnesses, upon the Bill for filling up such Part of Fleet Ditch as hes between Holborn Bridge and Fleet Bridge;"

The same was ordered accordingly.

Lord J. Murray's Bill.

Ordered, That the House be now put into a Committee of the whole House upon the Bill, intituled, "An Act to explain and amend an Act passed in the First Year of the Reign of His late Majesty King George the First, intituled, "An Act for vesting the Honour and Estate of John Duke of Atholl in James Murray (commonly called Lord James Murray), after the Death of the said Duke."

Accordingly the House was adjourned during Pleasure, and put into a Committee thereupon.

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 Bill, and directed him to report the same to the House, without any Amendment."

Heron against D Queensberry:

After hearing Counsel, upon the Petition and Appeal of Patrick Heron of Heron Esquire; complaining of an Interlocutory of the Lords of Session in Scotland, of the Tenth Day of January last, made on the Behalf of Charles Duke of Queensberry and Dover; and praying, "That the same may be reversed:" As also upon the Answer of the said Duke of Queensberry and Dover put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutor 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 Interlocutory therein complained of be, and is hereby, affirmed.

Explaining Act for regulating Attornies, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Second Year of His present Majesty's Reign, intituled, An Act for the better Regulation of Attornies and Solicitors."

Repairing Roads through South Mims, &c. Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act passed in the First Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Highways through the several Parishes of St. Michael, St. Alban, St. Peter, Shendley Ridge, and South Mims, in the Counties of Hertford and Middlesex."

E. Cowper & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Earl Cowper, Sir George Oxenden Baronet, and others; 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 confirming an Exchange agreed to be made, between William Earl Cowper and Sir George Oxenden Baronet, of certain Lands and Hereditaments, in the County of Kent."

Repairing Roads from Wade's Mill, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the more effectual repairing the Roads leading from Wade's Mill, in the County of Hertford, to Barley and Royston, in the said County."

Explaining Act about Elections, as to County Courts, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Seventh Year of the Reign of King William the Third, intituled, "An Act for the further regulating Elections of Members to serve in Parliament, and for the preventing irregular Proceedings of Sheriffs and other Officers in the electing and returning such Members," so far as the same relates to the holding of County Courts."

Moved, "To reject the Bill."

After Debate;

It was likewise moved, "To adjourn till Monday next, at Eleven a Clock."

And the Question being put thereupon;

It was Resolved in the Affirmative.

Accordingly;

Adjourn.

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

DIE Lunæ, 30o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Eliens.
Epus. Lincoln.
Epus. Carliol.
Epus. Lich. & Cov.
Epus. Petriburg.
Epus. Cestriens.
Epus. Bangor.
Epus. Landav.
Epus. Menevens.
Epus. Norwic.
Epus. Bristol.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Custos Privati Sigilli.
Dux Bedford.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Thanet.
Comes Shaftesbury.
Comes Litchfield.
Comes Warrington.
Comes Jersey.
Comes Craufurd.
Comes Sutherland.
Comes Buchan.
Comes Selkirk.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Harborough.
Comes Macclesfield.
Comes Ashburnham.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Hunsdon.
Ds. Carteret.
Ds. Guilford.
Ds. Gower.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.

PRAYERS.

Bawtry's Bill

The Lord Monson reported from the Lords Committees to whom the Bill, intituled, "An Act for settling the Estate of Thomas Bawtry, late of Foston, in the County of York, Esquire, deceased, in his Surname and Blood, and making his Will more effectual for that Purpose," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and 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.

Messages from H. C. to return Buckland Commons enclosing Bill;

A Message was brought from the House of Commons, by Sir Roger Meredith and others:

To return the Bill, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Tithing of Buckland Newton, Mineterne Parva, and Knowle, in the Parish of Buckland Newton, alias Buckland Abbas, in the County of Dorset;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Berkshire Road repairing Bill.

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

To return the Bill, intituled, "An Act for repairing the Roads leading from a Place called St. John's Bridge, in the County of Berks, to a Place called Fyfield, in the said County;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

E. Cowper and Sir G. Oxenden's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming an Exchange agreed to be made, between William Earl Cowper and Sir George Oxenden Baronet, of certain Lands and Hereditaments, in the County of Kent."

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

Ld. President.
L. Privy Seal.
D. Bedford.
D. Montagu.
D. Montrose.
D. Kent.
D. Newcastle.
E. Northampton.
E. Shaftesbury.
E. Warrington.
E. Buchan.
E. Marchmont.
E. Ilay.
E. Macclesfield.
E. Ashburnham.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
L. Bp. London.
L. Bp. Carlisle.
L. Bp. Chester.
L. Bp. Bangor.
L. Bp. Landaff.
L. Bp. Norwich.
L. Bp. Bristol.
Ld. Abergavenny.
L. Delawarr.
L. Hunsdon.
L. Carteret.
L. Guilford.
L. Gower.
L. Foley.
L. Bathurst.
L. Walpole.
L. Hobart.
L. Monson.

Their Lordships, or any Five of them; to meet on Tuesday the 15th Day of May next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Warden to take the Name of Sergison, Bill.

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

To return the Bill, intituled, "An Act to enable Thomas Warden Esquire, and the Heirs of his Body, and the several other Persons therein named, and the Heirs of their respective Bodies, to take and use the Surname of Sergison, as therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Barley and Royston Roads, repairing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual repairing the Roads leading from Wade's Mill, in the County of Hertford, to Barley and Royston, in the said County."

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 at the usual Time and Place, on Wednesday next; and to adjourn as they please.

South Mims, &c. Roads, repairing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act passed in the First Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Highways through the several Parishes of St. Michael, St. Alban, St. Peter, Shendley Ridge, and South Mims, in the Counties of Hertford and Middlesex."

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

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

Tasburgh, &c against Sir R. Ecklin & al.:

The House being informed, "That Thomas Noble attended, in order to deliver several Pleadings and Proceedings, in the Cause wherein Henry Tasburgh Esquire and George Mc Nemara are Appellants, and Sir Robert Ecklin Baronet and others Respondents:"

Pleadings proved.

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

And then he was directed to withdraw.

Amending Act for regulating Attornies, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Second Year of His present Majesty's Reign, intituled, "An Act for the better Regulation of Attornies and Solicitors."

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

Explaining Act about Elections, as to County Courts, Bill.

The House being moved, "To appoint Thursday next for the 2d Reading of the Bill, intituled, "An Act to explain and amend an Act made in the Seventh and Eighth Years of the Reign of King William the Third, intituled, "An Act for the further regulating Elections of Members to serve in Parliament, and for the preventing irregular Proceedings of Sheriffs and other Officers in the electing and returning such Members," so far as the same relates to the holding of County Courts:"

The same was ordered accordingly.

Sir J. Cunynghame against Chalmers.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Sir James Cunynghame of Milncraig Baronet is Appellant, and Captain John Chalmers Respondent.

And the Appellant's Counsel being heard accordingly; and divers Proofs on his Part read:

As also One Counsel for the Respondent:

They were directed to withdraw.

And being withdrawn:

Evelyn & al. against Evelyn & al.

It is Ordered, That the further hearing the said Cause be adjourned till To-morrow; and that the Cause wherein Anne Evelyn and others are Appellants, and Edward Evelyn and others Respondents, be put off till To-morrow Sevennight.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, primum diem Maii jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Bis in Originali.