March 1736, 1-10
DIE Martis, 2o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Glocestr.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Montagu.
Dux Buccleuch.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Bridgewater.
March. Lothian.
Comes Pembroke & Montgomery.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Berkshire.
Comes Peterborow & Monmouth.
Comes Chesterfield.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Selkirk.
Comes Orkney.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Viscount Cobham.
Viscount Falmouth. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Hunsdon.
Ds. Poulet.
Ds. Carteret.
Ds. Haversham.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. King.
Ds. Monson.
Ds. Lovell. |
PRAYERS.
Morgan against Morgan & al.
The Answer of William Morgan Esquire, to the Appeal of Thomas Morgan Gentleman:
As also, the Answer of William Perkins and Anne his
Wife, to the same Appeal:
Wither & al. against Dr. King.
And likewife, the Answer of William King Doctor of
Laws, Administrator of his late Wife, deceased, who
was the only Daughter of Charles Wither Esquire, deceased, to the Appeal of Andrew Wither Esquire and
others;
Were brought in.
Gilbert to take the Surname of Cooper. Leave for a Bill.
Upon reading the Petition of John Gilbert Esquire;
praying Leave to bring in a Bill, to entitle himself and
his Issue Male to take the Name of Cooper, according
to the Will of John Cooper, late of Thurgarton, in the
County of Nottingham, Esquire, deceased:
It is Ordered, That Leave be given to bring in
a Bill, as desired.
Felthusen, Leave for a Nat. Bill.
Upon reading the Petition of Friedrich Felthusen;
praying Leave to bring in a Bill, for his Naturalization:
It is Ordered, That Leave be given to bring in a
Bill, as desired.
Sir J. Astley, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of Sir John
Astley; 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
exchanging of Lands, between Sir John Astley Baronet, and the President and Fellows of Queen's College
in Cambridge."
Phillips to take the Name of Lee, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
enable Robert Philips Esquire and his Issue Male to
take and use the Surname of Lee, pursuant to the
Will of Robert Lee Esquire, deceased."
Ordered, That the said Bill be committed to
the Consideration of the Lords following; (videlicet,)
|
Ld. President.
L. Steward.
L. Chamberlain.
D. Buccleuch.
D. Atholl.
D. Portland.
D. Greenwich.
D. Bridgewater.
M. Lothian.
E. Pembroke.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Berkshire.
E. Scarbrough.
E. Rochford.
E. Ilay.
E. Oxford.
E. Strafford.
E. Cowper.
E. Pomfret.
E. Graham.
E. Fitzwalter.
Viscount Cobham.
Viscount Falmouth. |
L. Bp. London.
L. Bp. Oxon.
L. Bp. Roffen.
L. Bp. Glocester.
L. Bp. Bristol. |
Ld. Harrington, Sec.
L. Delawarr.
L. Clinton.
L. Carteret.
L. Haversham.
L. Cathcart.
L. Bathurst.
L. Onslow.
L. Romney.
L. Lovell. |
Their Lordships, or any Five of them; to meet
at the usual Time and Place, To-morrow; and to
adjourn as they please.
E. Stamford's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
enable Harry Earl of Stamford and Harry Gray
Esquire, commonly called Lord Gray, Son and Heir
Apparent of the said Earl, to make a Settlement,
upon the Marriage of the said Lord Gray, notwithstanding his Infancy."
Ordered, That the said Bill be committed to the
Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on
Wednesday the 17th Day of this Instant March,
at the usual Place; and to adjourn as they
please.
Acts against Witchcraft, to repeal, Bill.
The Earl of Warwick (according to Order) reported
from the Committee of the whole House to whom the
Bill, intituled, "An Act to repeal the Statute made in
the First Year of the Reign of King James the First,
intituled, "An Act against Conjuration, Witchcraft,
and dealing with evil and wicked Spirits," except so
much thereof as repeals an Act of the Fisth Year of
the Reign of Queen Elizabeth, against Conjurations,
Enchantments, and Witchcrafts," was committed, the
Amendments made by the Committee to the said Bill,
as follow:
"At the End of the Bill, add, (A) ["And be it further Enacted, by the Authority aforesaid, That, from
and after the said 24th Day of June next, the Act
passed in the Parliament of Scotland, in the Ninth
Parliament of Queen Mary, intituled, "Anentis
Witchcrasts," shall be, and is hereby, repealed."]
"(B) ["And be it further Enacted, That, from
and after the said 24th Day of June next, no Prosecution, Suit, or Proceeding, shall be commenced or
carried on, against any Person or Persons, for Witchcrast, Sorcery, Enchantment, or Conjuration, or for
charging another with any such Offence, in any
Court whatsoever in Great Britain: And, for the
more essectual preventing and punishing of any Pretences to such Arts or Powers as are before mentioned, whereby ignorant Persons are frequently deluded and desrauded, be it further Enacted, by the
Authority aforesaid, That if any Person shall, from
and after the said 24th Day of June next, pretend to
exercise or use any Kind of Witchcraft, Sorcery,
Enchantment, or Conjuration, or undertake to tell
Fortunes; or pretend, from his Skill or Knowledge
in any occult or crasty Science, to discover where,
or in what Manner, any Goods or Chattels supposed
to have been stolen or lost may be found; every
Person so offending, being thereof lawfully convicted,
on Indictment or Information in that Part of Great
Britain called England, or on Indictment or Libel in
that Part of Great Britain called Scotland, shall, for
every such Offence, suffer Imprisonment by the Space
of One whole Year, without Bail or Mainprize; and
Once in every Quarter of the said Year, in some
Market-town of the proper County, upon the Market-day there, stand openly on the Pillory by the
Space of One Hour; and also shall (if the Court by
which such Judgement shall be given shall think sit)
be obliged to give Sureties for his or her good Behaviour, in such Sum, and for such Time, as the
said Court shall judge proper, according to the
Circumstances of the Offence; and, in such Case,
shall be further imprisoned until such Sureties be
given.]"
"At the End of the Title, add, ["and to repeal
an Act passed in the Parliament of Scotland, in the
Ninth Parliament of Queen Mary, intituled, "Anentis Witchcrafts;" and for punishing such Persons as
pretend to exercise or use any Kind of Witchcraft,
Sorcery, Enchantment, or Conjuration."]
Which Amendments, being read Twice by the Clerk,
were agreed to by the House.
Truby & al. against Charlton:
Upon reading the Petition of William Charlton;
praying, "In regard Richard Truby and Thomas Banister have not assigned Errors upon their Writ of Error brought into this House the Sixth Day of February last, according to their Lordships Rules, that
the same may be Non pros'd, with Costs:"
Writ of Error Non pros'd.
It is Ordered, That the Petitioner do forthwith
enter a Non pros. on the said Writ of Error, as desired;
and that the Record be remitted to the Court of King's
Bench, to the End Execution may be had upon the
Judgement given in that Court, as if no such Writ of
Error had been brought into this House: And further,
That the said Plaintiffs in Error do pay, or cause to be
paid, to the said Defendant in Error, the Sum of Ten
Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.
Borlace & al. against Doe, in Error.
The House being moved, "That a Day may be appointed, for hearing the Errors argued, assigned on a
Writ of Error wherein John Borlace and others are
Plaintiffs, and John Doc is Defendant:"
It is Ordered, That this House will hear the said
Errors argued, by Counsel, at the Bar, on Wednesday
the 10th Day of this Instant March.
Charteris against Murray & al.
Upon reading the Petition and Appeal of Francis
Charteris of Armisfield Esquire and his Guardians;
complaining of Two Interlocutory Sentences, of the
22d of November 1735, and 11th of February 1736,
made on the Behalf of Archibald Murray Esquire and
other Trustees, for themselves, and in Behalf of the
Creditors of John Lowis of Merchiston Esquire; and
praying, "That the same may be reversed; and that
they may have such Relief in the Premises as to their
Lordships shall seem meet:"
It is Ordered, That the said Archibald Murray and
the other Trustees above named 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 Tuesday the 30th Day of this
Instant March; and that Service of this Order on the
Counsel, or Agent, in the said Court, of the said Murray, shall be deemed good Service.
Wither & al. against Dr. King.
The House being moved, "That a Day may be
appointed, for hearing the Cause wherein Andrew
Wither Esquire and others are Appellants, and William King Doctor of Laws is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Friday the 12th
Day of this Instant March.
Mutiny Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and
their Quarters."
After some Time, the House was resumed.
And the Earl of Warwick 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."
Stankam Commons, to enclose, Leave for a Bill:
Upon reading the Petition of the Warden and Fellows of Winchester, the President and Fellows of Magdalene College in Oxford, and other Freeholders, Copyholders, and Leaseholders, entitled to Right of Common in the Wastes or Commons called Stankam and
Soldridge Commons, in the Tithing of Medstead, within
the Parish and Manor or Old Alresford, in the County
of Southampton; praying Leave to bring in a Bill, for
enclosing and dividing the said Commons, in Proportion
to every one's Right of Common therein:
It is Ordered, That Leave be given to bring in a
Bill, as desired.
Bill read.
Accordingly, the Earl of Coventry presented to the
House a Bill, intituled, "An Act for dividing and enclosing certain Commons and Waste Grounds, called
Stankam and Soldridge Commons, in the Parish of Old
Alresford, in the County of Southampton."
And the same was read the First Time.
Order to prevent Stoppages in the Streets to be considered.
Ordered, That this House will, To-morrow, take
into Consideration the Order made the 15th Day of
January last, to prevent Stoppages in the Streets.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii,
tertium diem instantis Martii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Mercurii, 3o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Landaven.
Epus. Meneven.
Epus. Glocestr. |
Ds. Talbot, Cancellarius.
Dux Richmond.
Dux Leeds.
Dux Atholl.
Dux Manchester.
March. Lothian.
Comes Northampton.
Comes Warwick.
Comes Berkshire.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Coventry.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Poulet.
Ds. Carteret.
Ds. Hervey.
Ds. Cathcart.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Lovell. |
PRAYERS.
Att. Gen. & al. against Sir B. Lake.
The several Answer of Sir Bibye Lake Baronet, One
of the Respondents to the Cross Appeal of His Majesty's Attorney General, and Benjamin Stoakes Gentleman, Executor of Joseph Newell deceased, was brought
in.
Phillips to take the Name of Lee, Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable
Robert Phillips Esquire and his Issue Male to take
and use the Surname of Lee, pursuant to the Will of
Robert Lee Esquire, deceased," was committed:
That they had considered the said Bill, and examined
the Allegations thereof, which they found to be
true; and that the Committee had gone through the
Bill, and directed him to report the same to the
House, without any Amendment."
Ordered, That the said Bill be engrossed.
Stankam Commons to enclose, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
dividing and enclosing certain Commons and Waste
Grounds, called Stankam and Soldridge Commons, in
the Parish of Old Alresford, in the County of Southampton."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
D. Richmond.
D. Leeds.
D. Manchester.
M. Lothian.
E. Northampton.
E. Warwick.
E. Berkshire.
E. Shaftesbury.
E. Litchfield.
E. Scarbrough.
E. Craufurd.
E. Loudoun.
E. Ilay.
E. Oxford.
E. Strafford.
E. Fitzwalter.
L. V. Falmouth.
L. V. Torrington.
L. Bp. Litch. & Cov.
L. Bp. Sarum.
L. Bp. Glocester. |
L. Bp. London.
L. Bp. Rochester. |
Ld Abergavenny.
L. Delawarr.
L. Carteret.
L. Hervey.
L. Cathcart.
L. Bathurst.
L. Romney.
L. Cadogan.
L. Lovell. |
Their Lordships, or any Five of them; to meet on
Thursday the 18th Day of this Instant March, at
the usual Time and Place; and to adjourn as
they please.
D. Atholl, &c. Petition referred to Judges.
Upon reading the Petition of James Duke of Atholl
and Jane Dutchess of Atholl, Guardian of Leonora Lannoy, an Infant, Daughter of the said Dutchess by James
Lannoy Esquire, her former Husband, deceased, in Behalf of themselves and the said Infant; praying Leave
to bring in a Bill, for Sale of certain Estates in the
Petition mentioned, lying in or near Hammersmith, in
the Parish of Fulham, in the County of Middlesex, for
discharging Incumbrances, and other Purposes therein
expressed:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of Common Pleas and Mr. Justice
Comyns; with the usual Directions, according to the
Standing Orders.
The House being informed, "That Mr. Chocke, from
the Exchequer, attended:"
State of the National Debt delivered.
He was called in; and delivered, at the Bar, pursuant to an Address to His Majesty.
"A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1734, and 31st of December 1735; together
with an Accompt of the Produce of the Sinking Fund
in that Year; and to the Payment of what Debts, contracted before the 25th of December 1716, the said
Fund has been applied."
And then he was directed to withdraw.
And the Title of the said State was read, by the
Clerk.
Order to prevent Stoppages in the Streets, enlarged.
The House (according to Order) took into Consideration the Order made the 15th of January last, for
preventing Stoppages in the Streets: And agreed, That
the same should extend to prevent the passing of Carriages, as well from Charing Cross to The Old Palace
Yard, as from Whitehall to the said Palace Yard, during
the Hours in the said Order mentioned: And Ordered,
That the same, as altered, should be re-printed, and
served on the High Bailiff and Justices of Peace as before
directed; and that the Officer who serves the said Order
should acquaint them, "That the House expects a
punctual Obedience to it."
Gilbert to take the Name of Cooper, Bill.
The Earl of Warwick presented to the House, pursuant to their Lordships Order of Yesterday, a Bill, intituled, "An Act to enable John Gilbert and the Heirs
Male of his Body to take and use the Surname of
Cooper, pursuant to the Will of John Cooper of Thurgarton Esquire, deceased."
And the same was read the First Time.
Acts against Witchcraft, to repeal, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
repeal the Statute made in the First Year of the
Reign of King James the First, intituled, "An Act
against Conjuration, Witchcrast, and dealing with
evil and wicked Spirits," except so much thereof as
repeals an Act of the Fifth Year of the Reign of
Queen Elizabeth, against Conjurations, Enchantments,
and Witchcrasts."
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
Mr. Elde and Mr. Edwards:
To return the said Bill; and acquaint them, that the
Lords have agreed to the same, with some Amendments, whereunto their Lordships desire their Concurrence.
Sir J. Astley's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
exchanging of Lands, between Sir John Astley Baronet, and the President and Fellows of Queen's College
in Cambridge."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on
the same Day, at the same Place; and to adjourn
as they please.
Herron & al. against E. Galloway.
Counsel were called in, to be heard, in the Cause
wherein Patrick Herron Esquire and others are Appellants, and James Earl of Galloway is Respondent.
And the Appellants Counsel being fully heard, and
several Proceedings in the Cause on their Part read:
They were directed to withdraw.
Ordered, That the further Hearing of the said
Cause be adjourned till Friday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris,
quintum diem instantis Martii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Veneris, 5o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Roffen.
Epus. Cestriens.
Epus. Sarum.
Epus. Landaven.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr. |
Ds. Talbot, Cancellarius.
Dux Bolton.
Dux Marlborough.
Dux Montagu.
Dux Atholl.
Dux Newcastle.
March. Lothian.
Comes Suffolk.
Comes Northampton.
Comes Berks.
Comes Peterborow.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Jersey.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Tankerville.
Comes Cowper.
Comes Harborough.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Weymouth.
Viscount Cobham.
Viscount Falmouth. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. North & Guilford.
Ds. Haversham.
Ds. Cathcart.
Ds. Masham.
Ds. Foley.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
Brett against Sawbridge & al.
The Answer of Jacob Sawbridge Esquire and others,
to the Appeal of Nathaniel Wilkins Brett, was brought
in:
Standard against Meetkerke & al.
Also, the Answer of Adolphus Meetkerke Esquire, to
the Appeal of Barbara Standard Spinster:
Likewise, the Answer of Mary Wickham Widow, to
the same Appeal:
And also, the Answer of Penelope Meetkerke, to that
Appeal.
L. Dudley's Petition: Meeting of the Committee deferred.
Upon reading the Petition of John Ellis, Agent for
Edward Brabason Esquire; setting forth, "That Richard Brereton, who is a necessary Witness to, and
bringing over Papers from Ireland to support some
Allegations in, the said Mr. Brabason's Petition, is
not yet arrived in Town, though every Day expected;" and praying, "That the Hearing of the
Petition of the Lord Dudley and Ward, desiring to
be put into Possession of certain Lands in that Kingdom, as also the Petition abovementioned before the
Committee for Privileges, may be put off for a
Week, or to such Day as the House shall think
fit:"
It is Ordered, That the said Hearing be put off to
Monday the 15th Day of this Instant March; and that
the Cause between Berkeley and Fox, appointed for
that Day, be put off to the next Day for Causes.
Nowell, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of Mary
Nowell, Widow and Relict of Roger Nowell, late of Read,
in the County of Lancaster, 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
making effectual Articles of Agreement, touching
the Estates late of Roger Nowell the Elder, of Read,
in the County of Lancaster, Esquire, and Roger
Nowell his Son, lying in the same County, and in the
County of York; and vesting the said Estates in
Trustees, to be sold, for the Payment of Debts, and
other Purposes therein mentioned."
St. Martin's Nightly Watch, Bill.
A Message was brought from the House of Commons,
by Mr. Winnington and others:
With a Bill, intituled, "An Act for the better
regulating the Nightly Watch and Beadles, within
the Parish of St. Martin's in the Fields, within the
Liberties of the City of Westminster;" to which they
desire the Concurrence of this House.
Indemnifying such as have not complied with the Act of Uniformity, Bill.
A Message was brought from the House of Commons, by Sir George Oxenden and others:
With a Bill, intituled, "An Act to indemnify
Persons who have omitted to read the Prayers,
and make and subscribe the Declarations, directed to
be read, made, and subscribed, by the Act of Uniformity of the 13th and 14th Year of the Reign of
King Charles the Second, within the Time limited
by Law, and for allowing further Time for doing
thereof;" to which they desire the Concurrence of
this House.
The said Bills were read the First Time.
Campion and Shore, Leave for a Bill.
After reading, and considering, the Report of the
Judges to whom was referred the Petition of Henry
Campion Esquire, Elizabeth Shore Widow, 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
Sale of an undivided Fourth Part of the Manor of
Plumpton, and certain Lands and Hereditaments, in
the County of Sussex, the Estate of Elizabeth Shore
and her Daughters; and for vesting the Money arising
thereby in Trustees, for the same Uses to which the
Estate now stands settled."
Felthusen's Nat. Bill.
The Earl of Shaftesbury (pursuant to the Order of
Tuesday last) presented to the House a Bill, intituled,
"An Act for naturalizing Friedrich Felthusen."
And the same was read the First Time.
Message from H. C. to return the Bill for repealing the Act against Witchcraft.
A Message was brought from the House of Commons,
by Mr. Conduit and others:
To return the Bill, intituled, "An Act to repeal
the Statute made in the First Year of the Reign of
King James the First, intituled, "An Act against
Conjuration, Witchcraft, and dealing with evil and
wicked Spirits," except so much thereof as repeals
an Act of the Fifth Year of the Reign of Queen
Elizabeth against Conjurations, Enchantments, and
Witchcrafts;" and to acquaint this House, that they
have agreed to their Lordships Amendments, with One
Amendment to Clause (B), to which they desire their
Lordships Concurrence.
Herron & al. against E. Galloway:
After hearing Counsel, as well on Wednesday last as
this Day, upon the amended Petition and Appeal of
Patrick Herron of that Ilk, William Agnew of Castlewig,
John Stewart of Phisgil, John Mc Douall of French,
Captain Andrew Agnew of Lochnaw, for themselves, and
in Name of the other Heretors within the Priory of
Whitehorn; complaining of several Interlocutors of the
Lords of Session in Scotland, of the 8th and 22d of December 1731, the 5th and 19th of January 1731/2, the
16th of February 1731/2, the 5th of July 1732, and the
29th of November following, made in a Cause wherein
James Earl of Galloway was Plaintiff, and the Appellants and others were Defendants; and praying, "That
the said Interlocutors may be reversed, and such Relief given the Appellants as to this House shall seem
meet:" As also upon the Answer of the said Earl of
Galloway, and likewise the Answer of Duncan Forbes
Esquire His Majesty's Advocate for Scotland, on Behalf
of His Majesty, put in to the said Appeal; and due
Consideration and Debate had of what was offered on
either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said several Interlocutors complained of in the said Appeal be, and the same are hereby, reversed; and that
it be referred back to the said Lords of Session, to make
a proper Satisfaction to the Respondent the said Earl of
Galloway, by the Prolongation of his Term for the Money paid by the Lessee of the Term of Ninety-five
Years, which expired in the Year 1733, or out of the
said Lease, in Pursuance of such Augmentations as were
made by any Decree during the said Term of Ninetyfive Years; but with this Direction, That no Satisfaction be made to the said Earl for such Payments as were
made in Consequence of those Augmentations after the
First of April 1700, being the Date of the First Grant
from the Crown, which was continued by the Grant of
the 25th of August 1702 to the End of the said Term
of Ninety-five Years.
Gilbert to take the Name of Cooper, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
enable John Gilbert Esquire and the Heirs Male of
his Body to take and use the Surname of Cooper, pursuant to the Will of John Cooper of Thurgarton Esquire,
deceased."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
D. Bolton.
D. Montagu.
M. Lothian.
E. Suffolk.
E. Northampton.
E. Berkshire.
E. Chesterfield.
E. Shaftesbury.
E. Litchfield.
E. Craufurd.
E. Ilay.
E. Oxford.
E. Strafford.
E. Cowper.
Viscount Weymouth.
Viscount Falmouth. |
L. Bp. London.
L. Bp. Rochester.
L. Bp. Sarum.
L. Bp. Glocester. |
Ld Harrington, Sec.
L. Cathcart.
L. Masham.
L. Foley.
L. Romney.
L. Ducie.
L. Hobart.
L. Monson.
L. Lovell.
L. Hardwicke. |
Their Lordships, or any Five of them; to meet
on Wednesday next, at the usual Time and Place;
and to adjourn as they please.
Smith to take the Name of Allgood, Leave for a Bill.
Upon reading the Petition of George Allgood Esquire,
heretofore called George Smith; praying Leave to bring
in a Bill, "That the Surname of Allgood should be
established and confirmed in and upon him and his
Issue Male, pursuant to the Will of George Allgood,
late of The Inner Temple, London, Gentleman, deceased:"
It is Ordered, That Leave be given to bring in a
Bill, as desired.
Worths, Petition referred to Judges.
Upon reading the Petition of Henry Worth Gentleman, in Behalf of himself and John Worth Esquire his
Brother, a Lunatic, Bampfylde Worth, George Morris
and Elizabeth his Wife, on the Behalf of themselves,
and of Samuel Worth, Simon Worth, Reginald Worth,
Dorothy Worth, Susanna Worth, and Matilda Worth,
who are Infants; praying Leave to bring in a Bill, for
Sale of Part of the Estate, in the County of Devon, of
the said John Worth, for Payment of his Debts, and
discharging the Petitioners Portions:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of Common Pleas and Mr. Justice
Commyns; with the usual Directions, according to the
Standing Orders.
Phillips to take the Name of Lee, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
enable Robert Phillips Esquire and his Issue Male to
take and use the Surname of Lee, pursuant to the
Will of Robert Lee 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. Thomas Bennet and Mr. Spicer:
To carry down the said Bill, and desire their Concurrence thereunto.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis,
nonum diem instantis Martii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Martis, 9o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Cestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Dux Devon, Senescallus.
Dux Bolton.
Dux Leeds.
Dux Marlborough.
Dux Montagu.
Dux Atholl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Pembroke & Montgomery.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Shaftesbury.
Comes Scarbrough.
Comes Coventry.
Comes Morton.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Ilay.
Comes Strafford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Weymouth.
Viscount Falmouth.
Viscount Torrington. |
Ds. Harrington, Sec.
Ds. Lovelace.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. King.
Ds. Monson.
Ds. Hardwicke. |
PRAYERS.
E. Pembroke's Bill.
The Earl of Scarbrough reported from the Lords
Committees to whom the Bill, intituled, "An Act for
empowering the Trustees named in the Will of Thomas late Earl of Pembroke and Montgomery to lay
out the Residue of his Personal Estate in the Purchase of such Lands and Hereditaments as in this Act
are mentioned," 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.
E. Grantham and E. Cowper & al. Petition referred to Judges.
Upon reading the Petition of the Right Honourable
Henry Earl of Grantham, the Right Honourable William
Earl Cowper, Eldest Son and Heir of William late Earl
Cowper deceased, and Henrietta Countess Cowper his
Wife, the Right Honourable Charles Lord Weston and
Earl of Arran in the Kingdom of Ireland, the Right
Honourable John Lord Delawarr, the Honourable
Spencer Cowper Esquire Younger Son of the said late
Earl Cowper, William Cowper Esquire Eldest Son and
Heir of the Honourable Spencer Cowper Esquire (late
One of the Justices of His Majesty's Court of Common Pleas at Westminster) deceased, the Honourable
Theodora Cowper Widow, Relict and Administratrix of
the same Spencer Cowper, John Cowper Doctor in Divinity, and Ashley Cowper Esquire, Younger Sons of
the same Spencer Cowper, Martin Madan Esquire and
Judith his Wife, only Daughter of the same Spencer
Cowper, Thomas Woodford Esquire, surviving Executor
and Trustee of and in the last Will and Testament of
the said late Earl Cowper, John Clavering Esquire,
Francis Annesley Esquire, and John Eckersall Esquire;
praying Leave to bring in a Bill, for establishing and
rendering effectual certain Articles of Agreement,
bearing Date the Second Day of this Instant March,
in the Petition mentioned, made between all the
Petitioners, for the Purposes therein expressed:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of Common Pleas and Mr. Justice
Comyns; with the usual Directions, according to the
Standing Orders.
Visc. Middleton & al. Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of Alan
Lord Viscount Middleton in the Kingdom of Ireland 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
making effectual what has been agreed between
Alan Lord Viscount Middleton in the Kingdom of
Ireland and his Four Nieces; and for the securing
the Payment of Ten Thousand Pounds agreed to be
paid them; and to enable him to make good the
Agreements of his Marriage Articles."
Alderminister Commons, to enclose, Bill.
A Message was brought from the House of Commons,
by Sir Charles Mordaunt and others:
With a Bill, intituled, "An Act for enclosing and
dividing the Common Field called Alderminster Common Field, Common Pastures, and other Common
Grounds, in the Parish of Alderminster, in the County of Worcester;" to which they desire the Concurrence of this House.
Canterbury Road, Bill.
A Message was brought from the House of Commons,
by Mr. May and others:
With a Bill, intituled, "An Act for repairing and
widening the Road leading from St. Dunstan's Cross,
near the City of Canterbury, to the Water-side at
Whitstable, in the County of Kent;" to which they
desire the Concurrence of this House.
The said Bills were both read the First Time.
Nowell's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
making effectual Articles of Agreement, touching
the Estates late of Roger Nowell the Elder, of Read,
in the County of Lancaster, Esquire, and Roger
Nowell his Son, lying in the same County and in the
County of York; and vesting the said Estates in Trustees, to be sold, for the Payment of Debts, and other
Purposes therein mentioned."
Ordered, That the said Bill be committed to
the Consideration of the Lords following; (videlicet,)
|
Ld. Steward.
D. Bolton.
D. Leeds.
D. Montagu.
D. Atholl.
D. Manchester.
D. Bridgewater.
M. Lothian.
E. Pembroke & Montgomery.
E. Suffolk.
E. Northampton.
E. Warwick & Holland.
E. Berkshire.
E. Shaftesbury.
E. Scarbrough.
E. Ilay.
E. Strafford.
E. Cowper.
E. Pomfret.
E. Graham.
E. Kerr.
E. Fitzwalter.
E. Effingham.
Viscount Falmouth. |
Epus. London.
L. Bp. Rochester.
L. Bp. Litch. & Cov.
L. Bp. Chester.
L. Bp. Sarum.
L. Bp. Gloucester. |
Ld. Harrington, Sec.
L. Lovelace.
L. Carteret.
L. Gower.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Cadogan.
L. Ducie.
L. Monson.
L. Hardwicke. |
Their Lordships, or any Five of them; to meet
at the usual Time and Place, on Wednesday the
24th Day of this Instant March; and to adjourn
as they please.
Mutiny Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
punishing Mutiny and Desertion; and for the better
Payment of the Army and their Quarters."
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 Bennett and Mr. Spicer:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Shore's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for Sale of an undivided Fourth Part of the Manor
of Plumpton, and certain Lands and Hereditaments,
in the County of Sussex, the Estate of Elizabeth Shore
and her Daughters; and for vesting the Money
arising thereby in Trustees, for the same Uses to
which the Estate now stands settled."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet
on the same Day at the same Place; and to adjourn as they please.
St. George's Hospital, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of the Subscribers and Contributors to St. George's Hospital, near
Hide Park Corner; 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 Dean and Chapter of St. Peter's, Westminster, to convey a Piece of Ground, with Three
Houses thereon, at Knightsbridge, to a Trustee, for
the Contributors to St. George's Hospital and their
Successors."
Felthusen's Nat. Bill.
Friedrich Felthusen took the Oaths appointed, in order to his Naturalization.
Hodie 2a vice lecta est Billa, intituled, "An Act for
naturalizing Friedrich Felthusen."
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 Monday next;
and to adjourn as they please.
Smith to take the Name of Allgood, Bill.
The Earl of Warwick presented to the House
(pursuant to their Lordships Order on Friday last)
a Bill, intituled, "An Act to enable George Allgood
Esquire, lately called George Smith, and the Heirs
Male of his Body, to take and use the Surname of
Allgood only, pursuant to the Will of George Allgood
Gentleman, deceased."
And the same was read the First Time.
St. Martin's Nightly Watch, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for the better regulating the Nightly Watch and
Beadles, in the Parish of St. Martin in the
Fields, within the Liberties of the City of Westminster."
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 Thursday next;
and to adjourn as they please.
Gilbert to take the Name of Cooper, Bill.
Ordered, That the Committee to whom the
Bill, intituled, "An Act to enable John Gilbert
Esquire, and the Heirs Male of his Body, to take
and use the Surname of Cooper, pursuant to the
Will of John Cooper of Thurgarton Esquire, deceased," was committed, be revived; and meet on
Friday next.
Acts against Witchcraft, to repeal, Bill.
The House proceeded to take into Consideration
the Amendment made by the Commons to Clause
(B), added by their Lordships to the Bill, intituled,
An Act to repeal the Statute made in the First
Year of the Reign of King James the First, intituled, "An Act against Conjuration, Witcheraft,
and dealing with evil and wicked Spirits," except
so much thereof as repeals an Act of the Fifth
Year of the Reign of Queen Elizabeth, against
Conjurations, Enchantments, and Witchcrafts."
And the same being read, as follows; (videlicet,)
"Line 16. After ["his"], insert ["or her"];"
was agreed to.
And a Message was sent to the House of Commons,
by the former Messengers, to acquaint them therewith.
Berkeley's Appeal:
The House being moved, "That the Respondents
to the Appeal of Henry Berkeley Esquire and
others may be required to produce, at the Hearing of this Cause, all such ancient Grants, Charters, and Leases, as are admitted to be in their Custody:"
Grants, &c. to be produced.
It is Ordered, That the said Respondents do
produce, at the said Hearing, all such Grants,
Charters, and Leases, as were produced by them
at the Hearing of the Cause in the Court of Exchequer.
Borlace's Writ of Error put off.
Ordered, That the arguing of the Errors, in
the Cause wherein John Borlace and others are
Plaintiffs, and John Doe is Defendant, which was
appointed for To-morrow, be put off to Thursday
next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis,
undecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.