House of Lords Journal Volume 24
March 1736, 11-20

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History of Parliament Trust

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Year published

1767-1830

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607-620

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'House of Lords Journal Volume 24: March 1736, 11-20', Journal of the House of Lords volume 24: 1732-1737 (1767-1830), pp. 607-620. URL: http://british-history.ac.uk/report.aspx?compid=114046 Date accessed: 30 August 2014.


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March 1736, 11-20

DIE Jovis, 11o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Petriburg.
Epus. Landaven.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Bolton.
Dux Leeds.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Shaftesbury.
Comes Litchfield.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Morton.
Comes Loudoun.
Comes Dunmore.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Comes Halifax.
Comes Harborough.
Comes Graham.
Comes Ker.
Viscount Harcourt.
Viscount Falmouth.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Clinton.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Cornwallis.
Ds. Griffin.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. King.
Ds. Hobart.
Ds. Hardwicke.

PRAYERS.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act to enable Reginald Lygon Esquire, otherwise Pyndar, and the Heirs Male of his Body, to take upon him and them the Surname and Arms of Lygon, pursuant to the Settlement of William Lygon Esquire, deceased;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act to enable Bartholomew Richard Barneby, otherwise Lutley, and the Issue of his Body, to take upon him and them the Surname of Barneby, pursuant to the Will of John Barneby Esquire deceased;" to which they desire the Concurrence of this House.

Ld. Griffin and Ld. Harrington take the Oaths.

Edward Lord Griffin and William Lord Harrington took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; the Lord Harrington having first delivered a Certificate of his receiving the Sacrament; to the Truth whereof Witnesses were sworn and examined.

St. George's Hospital, Bill.

Hodie 2a 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."

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

L. Steward.
L. Chamberlain.
D. Atholl.
D. Kent.
D. Ancaster, L. G. C.
D. Manchester.
D. Bridgewater.
M. Lothian.
E. Northampton.
E. Warwick.
E. Berkshire.
E. Winchilsea.
E. Shaftesbury.
E. Rochford.
E. Oxford.
E. Strafford.
E. Graham.
E. Ker.
Vis. Falmouth.
Epus. London.
L. Bp. Oxon.
L. Bp. Rochester.
L. Bp. St. Davids.
L. Bp. Norwich.
L. Bp. Bristol.
L. Harrington, Sec.
L. Hunsdon.
L. Lovelace.
L. Griffin.
L. Gower.
L. Hervey.
L. Onslow.
L. Romney.
L. Ducie.
L. King.
L. Hobart.
L. Hardwicke.

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Friday the 26th Day of this Instant March; and to adjourn as they please.

St. Martin's Nightly Watch, Bill.

The Duke of Portland reported from the Lords Committees to whom the Bill, 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," 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."

Scrope against Offley.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Gervase Scrope Esquire and Anne his Wife are Appellants, and Joseph Offley Esquire is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 24th Day of this Instant March.

Nairne to amend his Appeal.

Upon reading the Petition of John Nairn of Greenyards Esquire; praying, "In regard he is advised his Appeal, complaining of several Interlocutors of the Lords of Session in Scotland, is defective for Want of proper Parties; and the Respondents not having put in their Answer; that he may have Leave to amend the said Appeal:"

It is Ordered, That the Petitioner may amend his Appeal, by adding such Parties as he shall be advised; he amending the Respondents Copy.

Pyndar to take the Name of Lygon, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Reginald Lygon Esquire, otherwise Pyndar, and the Heirs Male of his Body, to take upon him and them the Surname and Arms of Lygon, pursuant to the Settlement of William Lygon Esquire, deceased."

Ordered, That the said Bill be read a Second Time, on this Day Sevennight; and the Lords to be summoned.

Rochester Road to repair, Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act passed in the First Year of the Reign of His present Majesty, intituled, "An Act for repairing and enlarging the Road leading from the House called the Sign of The Bells, in the Parish of St. Margaret's in Rochester, to Maidstone, and other Roads therein mentioned, in the County of Kent;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Weekeley's Petition against Bentley's Bill.

Upon reading the Petition of Anna Weekley; setting forth, "That Charles Bentley Esquire, deceased, by Will, gave her certain Legacies, which she is advised she will be in danger of losing, if the Bill depending in this House, for Sale of certain Estates, late of the said Charles Bentley, lying in the County of Worcester, for Payment of Debts, should pass into a Law;" and praying, "That such Clauses may be added to the said Bill, as will effectually secure the Petitioner's Legacies; or that she may be otherwise relieved as to the House shall seem meet:"

It is Ordered, That the said Petition be referred to the Consideration of the Committee to whom the said Bill stands committed; and that the Petitioner may be heard, by her Counsel, before their Lordships, if she thinks fit.

Visc. Middleton's Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for making effectual what has been agreed between Allan Lord Viscount Middleton in the Kingdom of Ireland, and his Four Nieces; and for 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."

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.

Canterbury Road, Bill.

Hodie 2a vice lecta est Billa, 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."

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 Tuesday next; and to adjourn as they please.

Indemnifying such as have not complied with the Act of Uniformity, Bill:

Hodie 2a vice lecta est Billa, 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."

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

Smith to take the Name of Allgood, Bill:

Hodie 2a vice lecta est Billa, 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.

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 Tuesday next, at the usual Place; and to adjourn as they please.

Lutley to take the Name of Barneby, Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Bartholomew Richard Barneby Esquire, otherwise Lutley, and the Issue of his Body, to take upon him and them the Surname of Barneby, pursuant to the Will of John Barneby Esquire, deceased."

E. Pembroke's Bill:

Hodie 3a vice lecta est Billa, 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."

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.

Alderminster Commons to enclose, Bill.

Hodie 2a vice lecta est Billa, 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."

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 Place, on Friday the 26th Day of this Instant March; and to adjourn as they please.

Bernard to enter into Recognizance for Charteris.

The House being moved, "That Charles Bernard Gentleman may be permitted to enter into a Recognizance for Francis Charteris Esquire and others, on account of their Appeal depending in this House; they being in Scotland:"

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

Place et al. inst Doe, Error;

This Day being appointed, for hearing Counsel, to argue the Errors assigned upon a Writ of Error brought into this House the 6th Day of February last, wherein John Borlace and others are Plaintiffs, and John Doe, on the Domise of Margaret Seville Spinster, is Defendant, in order to reverse a Judgement given in the Exchequer Chamber for the Defendant in Error:

Counsel accordingly were called in, to be heard.

And Counsel appearing for the said Defendant:

And One only for the Plaintiffs in Error; who offering nothing against the said Judgement, but only in Mitigation of Costs:

The Defendant's Counsel prayed an Affirmance of the said Judgement, with Costs.

And then they were directed to withdraw.

Judgement Affirmed.

Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Exchequer Chamber be, and the same is hereby, affirmed; and that the Record be remitted, to the End Exccution may be had thereupon as if no such Writ of Error had been brought into this House: And it is further Ordered, That the Plaintiffs in Error do pay, or cause to be paid, to the said Defendant, the Sum of Sixty Pounds, for his Costs sustained by reason of the bringing the said Writ of Error.

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

"At which Day, before our Sovereign Lord the King in His Parliament, at Westminster, in the County of Middlesex aforesaid, (fn. 1) came, as well the said John Borlace, Thomas Johnson, John Palmer, Thomas Bennett, William Sarson, Mary Digby Widow, Jane Mason Widow, John Hallam, William Taylor, Thomas Wadd, Alice Watts Widow, William Norman, Susannah Bennett Widow, Edward Door, John Snow, Anne Forster Widow, Mary Hollin Widow, Richard Black, John Kilby, and Henry Bayley, by their Attorney aforesaid, as the said John Doe in his proper Person; whereupon all and singular the Premises being seen, and by the said Court of our said Lord the King in Parliament now here fully understood; and having diligently examined and inspected, as well the Record and Process aforesaid, and the Judgement thereupon given and affirmed, as the Causes and Matters by the said John Borlace, Thomas Johnson, John Palmer, Thomas Bennett, William Sarson, Mary Digby, Jane Mason, John Hallam, William Taylor, Thomas Wadd, Alue Watts, William Norman, Susannah Bennett, Edward Door, John Snow, Anne Forster, Mary Hollin, Richard Black, John Kilby, and Henry Bayley, above assigned for Error; it appeareth to the said Court of our said Lord the King in Parliament, that neither in the Record and Process aforesaid, nor in giving of the Judgement aforesaid, in the said Court of our said Lord the King, before the King Himself, nor in the Affirmance thereof in the said Court of our said Lord the King of the Exchequer Chamber at Westminster, before the Justices and Barons aforesaid, there is any Error; and that the said Judgement is in no wise vicious or defective: Therefore it is considered, by the said Court of our said Lord the King in Parliament, that the Judgement aforesaid, given in the Court of our said Lord the King, before the King Himself, and the Affirmance thereof in the said Court of Exchequer Chamber before the Justices and Barons aforesaid, be in all Things affirmed, and stand in their full Force and Virtue; the Causes and Matters aforesaid by the said John Borlace, Thomas Johnson, John Palmer, Thomas Bennett, William Sarson, Mary Digby, Jane Mason, John Hallam, William Taylor, Thomas Wadd, Alice Watts, William Norman, Susanah Bennett, Edward Door, John Snow, Anne Forster, Mary Hollin, Richard Black, John Kilbey, and Henry Bayley, above assigned for Error, in any Wife notwithstanding: And it is also further considered by the said Court of our said Lord the King in Parliament, that the said John Doe recover, against the said John Borlace, Thomas Johnson, John Palmer, Thomas Bennett, William Sarson, Mary Digby, Jane Mason, John Hallam, William Taylor, Thomas Wadd, Alice Watts, William Norman, Susannah Bennett, Edward Door, John Snow, Anne Forster, Mary Hollin, Richard Black, John Kilby, and Henry Bayley, Sixty Pounds, adjudged by the Court of our Lord the King in Parliament to the said John Doe, for his Costs and Damages which he hath sustained by reason of the Delay of the Execution of the said Judgement, by Means of prosecuting the said Writ for correcting Error; and that the Record and Process aforesaid be remitted, from the Court of our said Lord the King in Parliament, to the Court of our said Lord the King, before the King Himself, to the End that Execution may be done thereupon."

Adjourn.

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

DIE Veneris, 12o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Oxon.
Epus. Litch & Cov.
Epus. Cestriens.
Epus. Sarum.
Epus. Landaven.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Ds. Talbot, Cancellarius.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Bolton.
Dux Leeds.
Dux Atholl.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Portland.
Dux Bridgewater.
March. Lothian.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Peterborow & Monmouth.
Comes Winchilsea & Nottingham.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Craufurd.
Comes Morton.
Comes Orkney.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Comes Halifax.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Viscount Falmouth.
Viscount Torrington.
Ds. Abergavenny.
Ds. Poulet.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Masham.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.
Ds. Hardwicke.

PRAYERS.

Ld. Charles Cavendish's Bill:

The Duke of Portland reported from the Lords Committees to whom the Bill, intituled, "An Act for discharging the Estate purchased by the Trustees of Charles Cavendish Esquire, commonly called Lord Charles Cavendish, from the Trusts of his Settlement; and for enabling the said Trustees to sell and dispose of the same, for the Purposes therein 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."

Gilbert to take the Name of Cooper, Bill:

His Grace made the like Report from the Committee to whom the Bill, intituled, "An Act to enable John Gilbert Esquire, and the Heirs Males of his Body, to take and use the Surname of Cooper, pursuant to the Will of John Cooper of Thurgarton Esquire, deceased," was committed.

And the said Bills were severally ordered to be engrossed.

Lutley to take the Name of Barneby, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Bartholomew Richard Barneby Esquire, otherwise Lutley, and the Issue of his Body, to take upon him and them the Surname of Barneby, pursuant to the Will of John Barneby Esquire, deceased."

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

L. Steward.
L. Chamberlain.
D. Ancaster, L. G. C.
D. Portland.
D. Bridgewater.
M. Lothian.
E. Northampton.
E. Warwick.
E. Berks.
E. Winchilsea.
E. Shaftesbury.
E. Litchfield.
E. Scarbrough.
E. Ilay.
E. Oxford.
E. Strafford.
E. Pomfret.
Vis. Falmouth.
Epus. London.
Epus. Oxon.
L. Bp. Chester.
L. Bp. Glocester.
L. Abergavenny.
L. Poulet.
L. Maynard.
L. Cornwallis.
L. Lynne.
L. Gower.
L. Bathurst.
L. Romney.
L. Cadogan.
L. Hobart.
L. Monson.
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.

St. Martin Nightly Watch, Bill:

Hodie 3a 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."

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.

Brand against Brand.

Upon reading the Petition and Appeal of Sarah Brand, Relict of the deceased James Blackwood Merchant in Edinburgh, and her Children; complaining of certain Interlocutory Sentences of the Lords of Session in Scotland, of the 4th of December 1735, and 7th and 25th of February 1735/6, made on the Behalf of Alexander Brand; and praying, "That the same may be reversed; and that the Petitioners may have such Relief in the Premises as to their Lordships shall seem just:"

It is Ordered, That the said Alexander Brand may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the 9th Day of April next; and that Service of this Order upon his Counsel or Agent in the Court below be deemed good Service.

Wither et al. against Doctors King.

Counsel called in, to be heard, in the Cause wherein Andrew Wither Esquire, Frances Wither Widow, Dorothy Wither Spinster, Henrietta Maria Wither, and Ann Wither, Infants, by the said Frances Wither, their Mother and Guardian are Appellants, and William King Doctor of Laws 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 this Cause be adjourned till Monday next.

Ld. Dudley's Petition, Meeting of the Committee deferred.

Ordered, That the Lords Committees for Privileges, to whom was referred the Petition of the Lord Dudley and Ward, touching the Possession of certain Lands in Ireland, as also the Petition of Mr. Brabazon in relation to the same Matter, who were appointed to meet on Monday, do meet, to take the said Petitions into Consideration, on Tuesday next.

Delane against Delane:

The House was informed, "That Dennis Delane and the other Respondents to the Appeal of Dennis Delane Gentleman have not put in their Answers thereunto, though duly served with the Order of this House for that Purpose:"

And thereupon an Assidavit, made by William Lynch, of the due Service of the said Order, being read:

Respondents to answer peremptorily.

It is Ordered, That the Respondents to the said Appeal do peremptorily put in their Answer or respective Answers thereunto, in a Week.

Brett against Sawbridge & al.

The House being moved, on the Behalf of Jacob Sawbridge and others, Respondents to the Appeal of Nathaniel Wilkins Brett, "That a Day may be appointed, for hearing the same:"

It is Ordered, That the House will hear the said Cause, by Counsel, at the Bar, on Friday the 26th Day of this Instant March.

Rochester, &c. Road, 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 present Majesty, intituled, An Act for repairing and enlarging the Road leading from the House called the Sign of The Bells, in the Parish of St. Margaret's in Rochester, to Maidstone, and other Roads therein mentioned, in the County of Kent."

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 Wednesday next; and to adjourn as they please.

Adjourn.

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

DIE Lunæ, 15o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Glocestr.
Ds. Talbot, Cancellarius.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Montagu.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Chandos.
Dux Bridgewater.
Comes Northampton.
Comes Berkshire.
Comes Peterborow & Monmouth.
Comes (fn. 2) Winchilsea & Nottingham.
Comes Shaftesbury.
Comes Litchfield.
Comes Loudoun.
Comes Selkirk.
Comes Orkney.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Bristol.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Ds. Abergavenny.
Ds. Lovelace.
Ds. Poulet.
Ds. Cornwallis.
Ds. Carteret.
Ds. Griffin.
Ds. Weston.
Ds. Gower.
Ds. Cathcart.
Ds. Masham.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Monson.
Ds. Lovell.
Ds. Hardwick.

PRAYERS.

Gec, Leave for a Bill:

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

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Estate of William Gee Esquire in Trustees, to settle the same, pursuant to an Agreement made previous to his Marriage with Elizabeth his Wife, Daughter of Roger Talbot Esquire."

West Stafford Commons enclosing, Bill:

The Duke of Portland presented to the House (pursuant to their Lordships Order of the 26th of February last) a Bill, intituled, "An Act for dividing and enclosing the Common Fields and Common Grounds, in the Parish of West Stafford cum Froom Bellett, in the County of Dorset."

And the same was read the First Time.

Ld. Charles Cavendish's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for discharging the Estate purchased by the Trustees of Charles Cavendish Esquire, commonly called Lord Charles Cavendish, from the Trusts of his Settlement; and for enabling the said Trustees to sell and dispose of the same, for the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Wither et al against Dr. King.

After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of Andrew Wither Esquire, Frances Wither Widow, Dorothy Wither Spinster, Henrietta Maria Wither and Ann Wither Infants, by the said Frances Wither, their Mother and Guardian; complaining of a Decree of the Court of Chancery, of the 11th of July last, made in a Cause wherein William King Doctor of Laws, Administrator of Henrietta Meria his late Wife, deceased, who was the only Daughter of Charles Wither Esquire, the Father, deceased, was Plaintiff, and the Appellants and others were Defendants; and praying, "That the same may be reversed; and that the Appellants may be otherwise relieved, as to the House shall seem meet:" As also upon the Answer of the said Doctor King put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of be, and the same is hereby, affirmed.

Ordered, That the Committee to whom the Bill, intituled, "An Act for naturalizing Fridriech Felthusen," be revived; and meet on Wednesday next.

Lee against Southwell et al.

The House was informed, "That Agnes Southwell and others, Respondents to the Appeal of Thoms Lee Gentleman, have not put in their Answers there unto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Francis Dixson of the City of Dublin, and another of Joseph Thompson of the same City, of the due Service of the said Order, being read:

Respondents to answer peremptorily.

It is Ordered, That the Respondents to the said Appeal, do peremptorily put in their Answer, or respective Answers thereunto, in a Week.

Adjourn.

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

DIE Martis, 16o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Beaufort.
Dux Atholl.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Lothian.
Comes Pembroke & Montgomery.
Comes Northampton.
Comes Warwick & Holland.
Comes Berkshire.
Comes Winchilsea & Nottingham.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Morton.
Comes Loudoun.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Viscount Weymouth.
Viscount Falmouth.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. North & Guilford.
Ds. Lovelace.
Ds. Poulet.
Ds. Cornwallis.
Ds. Carteret.
Ds. Gower.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Canterbury Road, Bill:

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road leading from St. Dunstan's Cross, near the City of Canterbury, to the Waterside at Whitstable, in the County of Kent," 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."

Gee's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Estate of William Gee Esquire in Trustees, to settle the same, pursuant to an Agreement made previous to his Marriage with Elizabeth his Wife, Daughter of Roger Talbot Esquire."

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

Ld. President.
L. Steward.
D. Beaufort.
D. Atholl.
D. Ancaster, L. G. C.
D. Portland.
D. Manchester.
M. Lothian.
E. Pembroke & Montgomery.
E. Northampton.
E. Warwick & Holland.
E. Berkshire.
E. Winchilsea.
E. Shaftesbury.
E. Litchfield.
E. Scarbrough.
E. Rochford.
E. Ilay.
E. Oxford.
E. Strafford.
Vis. Weymouth.
L. Bp. London.
L. Bp. Rochester.
L. Bp. Chester.
L. Bp. Sarum.
L. Bp. Glocester.
L. Harrington, Sec.
L. Lovelace.
L. Poulet.
L. Cornwallis.
L. Carteret.
L. Gower.
L. Cathcart.
L. Foley.
L. Bathurst.
L. Onslow.
L. Ducie.
L. Lovell.
L. Hardwicke.

Their Lordships, or any Five of them; to meet on Wednesday the 31st Day of this Instant March, at the usual Time and Place; and to adjourn as they please.

West Stafford Commons enclosing, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Parish of West Stafford cum Froom Bellet, in the County of Dorset."

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.

Land Tax, Bill:

A Message was brought from the House of Commons, by Sir Charles Turner and others:

With a 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-six;" to which they desire the Concurrence of this House.

Beconsfield Road, Bill:

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Fifth Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Road from Beconsfield, in the County of Bucks, to Stoken Church, in the County of Oxon;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Indemnifying Persons who have not conformed to the Act of Uniformity, Bill.

The Order of the Day being read, for the House to be put into a Committee upon the 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."

Ordered, That the House be put into a Committee upon the said Bill, on Thursday next.

Baird to enter into a Recognizance for Brand;

The House being moved, "That James Baird Esquire may be permitted to enter into a Recognizance for Sarah Brand and others, on account of their Appeal depending in this House; they being in Scotland:"

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

and Barnard for Charteris.

The like Motion and Order, for Charles Barnard Gentleman to enter into a Recognizance for Francis Charteris Esquire, for a Reason of the same Nature.

Adjourn.

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

DIE Mercurii, 17o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Cestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Leeds.
Dux Rutland.
Dux Atholl.
Dux Kent.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Comes Northampton.
Comes Warwick & Holland.
Comes Winchilsea & Nottingham.
Comes Shaftesbury.
Comes Litchfield.
Comes Radnor.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Fitzwalter.
Viscount Weymouth.
Viscount Falmouth.
Viscount Torrington.
Ds. Abergavenny.
Ds. Lovelace.
Ds. Poulet.
Ds. Maynard.
Ds. Carteret.
Ds. Griffin.
Ds. Haversham.
Ds. Gower.
Ds. Herbey.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Quin against Langley.

The Answer of Samuel Langley Clerk, to the revived Appeal of Valentine Quin Esquire, was brought in.

Land Tax Bill.

Hodie 2a 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 Thirty-six."

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

Act against the Use of Calicoes to amend, Bill:

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

With a Bill, intituled, "An Act to amend an Act passed in the Seventh Year of the Reign of His late Majesty King George the First, intituled, "An Act to preserve and encourage the Woollen and Silk Manufactures of this Kingdom; and for more effectually employing the Poor, by prohibiting the Use and Wear of all printed, painted, stained, and dyed Calicoes, in Apparel, Household-stuff, Furniture, or otherwise, after the Twenty-fifth Day of December One Thousand Seven Hundred and Twenty-two (except as is therein excepted)," so far as relates to Goods made of Linen Yarn and Cotton Wool manufactured in Great Britain;" to which they desire the Concurrence of this House.

Biggleswade Road, Bill:

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Eleventh Year of His late Majesty King George the First, intituled, An Act for repairing and amending the Road from Biggleswade, in the County of Bedford to Bugden, and through Alconberry, to the Top of Alconberry Hill, or Cross Post leading into Sautery Lane, on the York and Edinburgh Road; and from the said Town of Bugden to the Town of Huntingdon, and from Cross Hall, in Eaton Soken, in the said County of Bedford, to Great Stoughton Common, in the said County of Huntingdon;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Rochester Road, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to explain and amend an Act passed in the First Year of the Reign of His present Majesty, intituled, An Act for repairing and enlarging the Road leading from the House called the Sign of The Bells, in the Parish of St. Margaret's in Rochester, to Maidstone and other Roads therein mentioned, in the County of Kent," 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."

Lutley to take the Name of Barneby, Bill.

The said Earl made the like Report from the Committee to whom the Bill, intituled, "An Act to enable Bartholomew Richard Barneby, otherwise Lutley, and the Issue of his Body, to take upon him and them the Surname of Barneby, pursuant to the Will of John Barneby Esquire, deceased," was committed.

Felthusen, Nat. Bill.

His Lordship made the like Report from the Committee to whom the Bill, intituled, "An Act for naturalizing Friedriech Felthusen, was committed."

Ordered, That the said Bill be engrossed.

Berkeley et al. against Fox et al.

Counsel called in, to be heard, in the Cause wherein Henry Berkeley Esquire and others are Appellants, and John Fox Clerk and others Respondents.

And the Appellants Counsel being fully heard, and divers Proceedings and Proofs on their Part read:

They were directed to withdraw.

Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Pyndar to take the Name of Lygon, Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to enable Reginald Lygon Esquire, otherwise Pyndar, and the Heirs Male of his Body, to take upon him and them the Surname and Arms of Lygon, pursuant to the Settlement of William Lygon Esquire, deceased," which was appointed for To-morrow, be put off to Friday; and the Lords to be summoned.

Adjourn.

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

DIE Jovis, 18o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Oxon.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Cestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Dux Devon, Senescallus.
Dux Beaufort.
Dux Leeds.
Dux Bedford.
Dux Atholl.
Dux Kent.
Dux Greenwich.
Dux Bridgewater.
March. Lothian.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Berkshire.
Comes Winchilsea & Nottingham.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Coventry.
Comes Cholmondeley.
Comes Loudoun.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Tankerville.
Comes Cowper.
Comes Harborough.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Weymouth.
Viscount Falmouth.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Clinton.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Poulet.
Ds. Cornwallis.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. King.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

E. Stamford's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, 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," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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.

D. Greenwich takes the Oaths.

John Duke of Argyle and Greenwich took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Grace having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir John Barnard and others:

With a Bill, intituled, "An Act to enable Robert Kendall Esquire, now called Robert Cater, and his Issue, to take and use the Surname and Arms of Cater;" to which they desire the Concurrence of this House.

Biggleswade Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Eleventh Year of His late Majesty King George the First, intituled, An Act for repairing and amending the Road from Biggleswade, in the County of Bedford, to Bugden, and through Alconberry to the Top of Alconberry Hill, or Cross Post leading into Sautery Lane, on the York and Edinburgh Road; and from the said Town of Bugden to the Town of Huntingdon, and from Cross Hall, in Eaton-Soken, in the said County of Bedford, to Great Stoughton Common, in the said County of Huntingdon."

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

Ld. Steward.
D. Beaufort.
D. Leeds.
D. Bedford.
D. Atholl.
D. Bridgewater.
M. Lothian.
E. Northampton.
E. Warwick.
E. Berkshire.
E. Winchilsea.
E. Shaftesbury.
E. Litchfield.
E. Scarbrough.
E. Ilay.
E. Oxford.
E. Strafford.
E. Cowper.
V. Torrington.
L. Bp. London.
L. B. Oxon.
L. B. Rochester.
L. B. Peterborough.
L. B. Chester.
L. B. Sarum.
L. B. Norwich.
L. B. Glocester.
Ld. Harrington, Secretary.
L. Hunsdon.
L. Lovelace.
L. Poulet.
L. Carteret.
L. Gower.
L. Bathurst.
L. Onslow.
L. Lovell.
L. Hardwicke.

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

Act against the Use of Calicoes, to amend, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to amend an Act passed in the Seventh Year of the Reign of His late Majesty King George the First, intituled, "An Act to preserve and encourage the Woollen and Silk Manufactures of this Kingdom; and for more effectual employing the Poor, by prohibiting the Use and Wear of all printed, painted, stained, or dyed Calicoes, in Apparel, Householdstuff, Furniture, or otherwise, after the Twenty-fifth Day of December One Thousand Seven Hundred and Twenty-two (except as is therein excepted)," so far as relates to Goods made of Linen Yarn, and Cotton Wool manufactured in Great Britain."

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

Sir J Astley's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for exchanging of Lands, between Sir John Astley Baronet, and the President and Fellows of Queen's College in Cambridge," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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.

Parker's Bill. Smith to take the Name of Allgood, Bill.

Ordered, That the Committee to whom the Bill for vacating Settlements made by George Parker Esquire, and settling Lands instead of those formerly settled, was committed; and also the Committee to whom the Bill to enable George Smith Esquire to use the Surname of Allgood, was committed, be both revived; and meet Tomorrow.

Berkeley & al. against Fox & al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Henry Berkeley Esquire, Jane Chaplyn Widow, Robert Lackford, Mary Bardwell, James Balls, Thomas Buttrice, Francis Proctor, and William Rix; complaining of a Decree of the Court of Exchequer, the 6th Day of November last, in certain Causes; in One of which, John Fox Clerk was Plaintiff, and the said Mary Bardwell, James Balls, Thomas Buttrice, Francis Proctor, and William Rix, were Defendants; and in the other, all the Appellants were Plaintiffs, and the said John Fox and the Dean and Chapter of Norwich were Defendants; and praying, That the said Decree may be reversed; and that such Relief may be given the Appellants as to the great Wisdom of this House shall seem proper:" As also upon the Answer of the said John Fox put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of be, and is hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the Respondent John Fox, the Sum of Two Hundred Pounds, for his Costs in respect of the said Appeal.

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-six."

After some Time, the House was resumed.

And the Lord Lovell 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."

Indemnifying Persons who have not conformed to the Act of Uniformity, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the 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 Thirteenth and Fourteenth Year of the Reign of King Charles the Second, within the Time limited by Law; and for allowing further Time for doing thereof."

After some Time, the House was resumed.

And the Lord Lovell 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."

Canterbury Road, Bill:

Hodie 3a vice lecta est Billa, 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."

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

It was Resolved in the Affirmative.

Rochester Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the First Year of the Reign of His present Majesty, intituled, An Act for repairing and enlarging the Road leading from the House called The Sign of the Bells, in the Parish of St. Margaret's, in Rochester, to Maidstone, and other Roads therein mentioned, in the County of Kent."

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

It was Resolved in the Affirmative.

Lutley to take the Name of Barneby, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Bartholomew Richard Barneby, otherwise Lutley, and the Issue of his Body, to take upon him and them the Surname of Barneby, pursuant to the Will of John Barneby Esquire, deceased."

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 the Three preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Elde and Mr. Thurston:

To acquaint them, that the Lords have agreed to the Three last mentioned Bills, without any Amendment.

Felthusen's Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Friederich beltbusen."

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.

Beconsfield Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Fifth Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing the Road from Beconsfield, in the County of Bucks, to Stoken Church, in the County of Oxon."

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.

Hoggan & al. against Wardlaw & al.

Upon reading the Petition and Appeal of John Hoggan late Provost of the Borough of Kingborn, Alexander Baxter Maltman, and Alexander Baxter Mariner, late Baillies of the said Borough, William Laverock late Treasurer and Deacon of the Hammermen, John Sommerville, John Laverock, William Bruce, James Laverock, Thomas Sanders, John Sanders, James Gibson, and John Demperston, Counsellors of the said Borough, James Orrock late Deacon, James Waterstoun new Deacon, of the Incorporation of Cordiners, Andrew Sanders late Deacon of the Incorporation of Baxters, John Thomson late Deacon and David Thomson new Deacon, of the Incorporation of Taylors, James Main late Deacon of the Weavers, John Sanders Elder, and George Wishart Baxter, and George Ireland Clerk of the said Borough of Kingborn; complaining of certain Interlocutors of the 10th of January, 21st and 28th of February 1735/6, made on the Behalf of William Wardlaw of Abden, pretended Provost of the said Borough, Thomas Miller and John Wilson pretended Baillies, Robert Aitken pretended Treasurer, Robert Bruce, David Gilchrist, Henry Miller, William Forrester, James Christie, Patrick Lindsay, Colonel James St. Clair, John Mitchell, James Birrol, and David Gourlay, pretended Counsellors of the said Borough, and Patrick Beatson pretended Deacon of the Incorporation of Baxters there; and praying, "That the same may be reversed; and that their Lordships will give the Petitioners such other Relief as to their Lordships great Wisdom and Justice shall seem meet:"

It is Ordered, That the said William Wardlaw and the other Parties abovenamed 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 Thursday the 15th Day of April next; and that Service of this Order upon their Agent, or Procurator, in the Court below, be deemed good Service.

Adjourn.

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

DIE Veneris, 19o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Roffen.
Epus. Petriburg.
Epus. Meneven.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Leeds.
Dux Bedford.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Berkshire.
Comes Winchilsea & Nottingham.
Comes Thanet.
Comes Shaftesbury.
Comes Litchfield.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Morton.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Comes Effingham.
Viscount Weymouth.
Viscount Falmouth.
Viscount Torrington.
Ds. Abergavenny.
Ds. Hunsdon.
Ds. Poulet.
Ds. Cornwallis.
Ds. Carteret.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Pitt's Pet. referred to Judges.

Upon reading the Petition of Thomas Pitt Esquire, Grandson and Heir of Thomas Pitt, late of Old Sarum, in the County of Wilts, Esquire, deceased; praying Leave to bring in a Bill, for Sale of an Estate at Swallowfield, in the County of Berks; and to lay out the Money arising thereby in the Purchase of another Estate, to be settled to so many of the Uses in the Will of the Petitioner's Grandfather as are now existing, or capable of taking Effect:

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.

Biggleswade Road, Bill.

The Duke of Manchester reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Eleventh Year of His late Majesty King George the First, intituled, "An Act for repairing and amending the Road from Biggleswade, in the County of Bedford, to Bugden, and through Alconberry to the Top of Alconberry Hill, or Cross Post leading into Sautery Lane, on the York and Edinburgh Road, and from the said Town of Bugden to the Town of Huntingdon, and from Cross Hall, in Eaton Soken, in the said County of Bedford, to Great Stoughton Common, in the said County of Huntingdon," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

E. Stamford's Bill:

Hodie 3a 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."

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

It was Resolved in the Affirmative.

Sir J. Astley's Bill:

Hodie 3a 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."

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

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bills.

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

To carry down the Two last mentioned Bills, and desire their Concurrence to them.

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 Thirtysix."

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

It was Resolved in the Affirmative.

Indemnifying Persons who have not conformed to the Act of Uniformity, Bill:

Hodie 3a vice lecta est Billa, 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 Thirteenth and Fourteenth Year of the Reign of King Charles the Second, within the Time limited by Law; and for allowing further Time for doing thereof."

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 ordered to be sent to the House of Commons, by the former Messengers:

To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.

Bentley's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Equity of Redemption of all the Lands of Inheritance and Leasehold Estates late of Charles Bentley Esquire, deceased, lying in the County of Worcester, in Trustees, to be sold, for Payment of his Debts, and making some Provision for Penelope his Widow, and Charles and Penelope, Infants, his Son and Daughter," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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.

Alresford Common enclosing, Bill.

The said Earl made the like Report from the Committee to whom the 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," was committed.

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

Parker's Bill.

His Lordship also reported from the Committee to whom the Bill, intituled, "An Act for vacating the Grants and Settlements of certain Manors and Lands made by George Parker Esquire, upon the Marriage of Francis his Son with Jaquete his now Wife, and for settling other Lands instead thereof," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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.

Smith to take the Name of Allgood, Bill.

His Lordship made the like Report from the Committee to whom the 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," was committed.

Ordered, That the said Bill be engrossed.

Beconsfield Road, Bill.

His Lordship also made the like Report from the Committe to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Fifth Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing the Road from Beconsfield, in the County of Bucks, to Stoken Church, in the County of Oxon," was committed.

Standard against Meetkerke.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Barbara Standard Spinster, a Lunatic, by Thomas Pomfrett her Committee, and the said Thomas Pomfrett, are Appellants, and Adolphus Meetkerke Esquire and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday next come Sevennight.

Kendall to take the Name of Cater, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Robert Kendall Esquire, now called Robert Cater, and his Issue, to take and use the Surname and Arms of Cater."

Report on L. Dudley and Mr Brabazon's Petitions.

The Earl of Warwick reported from the Lords Committees for Privileges, to whom was referred a Petition of William Lord Dudley and Ward, presented to this House the 29th of April 1735; praying to be put into Possession of all such Lands as the Earl and Countess of Meath obtained Possession of, by or under Orders of the House of Lords in Ireland; and to whom was likewise referred a Petition of Edward Brabazon Esquire, presented to this House the 13th of February last; praying to be heard, by Counsel, before any Order should be made upon the Petition of the said Lord Dudley and Ward: "That the Committee have considered both the said Petitions; and heard Counsel, as well for the said Edward Brabazon, as for the said Lord Dudley and Ward; and acquaint your Lordships, that there was produced before the said Committee, and read, an Order of the House of Lords in Ireland, made the 29th of October 1695, upon hearing an Appeal to that House, of the Earl and Countess of Meath; complaining of an Order made the 17th of April 1686, whereby a Bill exhibited in the Chancery of the Regalities and Liberties of the County Palatine of Tipperary in Ireland, by Edward late Earl of Meath and Cecilia his Wife, by the Names of Edward Brabazon Esquire and Cecilia his Wife, against Edward then Lord Ward, the Petitioner the Lord Dudley and Ward's Grandfather, and William Ward Esquire his Son (the said Petitioner's Father) then a Minor, by his Guardian the said Edward Lord Ward, and John Levett Esquire and Mary his Wife, praying to be decreed to the Possession of certain Lands in the said County Palatine, was dismissed, with Costs; by which said Order of the House of Lords in Ireland, the said Order of Dismission was reversed; and, by virtue thereof, the said Earl and Countess of Meath were put into Possession of the said Lands; whereupon, on the 14th Day of February 1698, Edward Ward Esquire an Infant (Grandson and Heir Apparent of the said Edward Lord Ward, then Lord Dudley and Ward, and Son and Heir of the said William Ward), by Frances Ward Widow his Mother and Guardian, and the said John Levett and Mary his Wife, preferred their Petition to this House; complaining of the said Order and Judgement of the House of Lords in Ireland; and praying, "That the same may be reversed and set aside:" Upon which it was ordered by this House, "That the said Earl and Countess should put in their Answer thereto, on the 28th of March following;" which they neglecting to do (though duly served), it was, on the 3d of April 1699, ordered, "That the House would peremptorily hear the Cause on the 22d Day of the same April:" And the said Earl and Countess having, on the 20th of the same April, brought in a Plea against the Jurisdiction of this House, the same was considered on the 26th of the same Month, and over-ruled: And it was ordered, "That the said Earl, or his Agent in London, should, on the 28th of April, put in an Answer to the said Petition; and that the Cause should be heard the Day following."

"That the said Earl and Countess neither put in any Answer, nor appeared or attended by Counsel; and thereupon, upon hearing Counsel for the said then Petitioners, before this House, it was, on the 29th of April, 1699, Ordered, Declared, and Adjudged, by this House, "That the said Appeal of the said Earl and Countess, to the House of Lords in Ireland, was coram non Judice; and that all Proceedings thereupon were null and void; and that the Chancellor of the said Regalities should forthwith cause the then Petitioners to be put into Possession of all such Lands as the said Earl and Countess had obtained Possession of by and under the said Order of the House of Lords in Ireland, made the 29th of October 1695; and that, if the said Earl and Countess should find themselves aggrieved by the said Order of Dismission, they were at Liberty to pursue their proper Remedy, by Way of Appeal to this House;" pursuant to which said Order and Judgement, the said Petitioners before this House were accordingly put into Possession of the Premisses in Question.

"That there was produced before the Committee, and read, a Petition of the said Earl and Countess of Meath, to the House of Lords in Ireland; setting forth, "That they had been out of Possession of the said Estate since May 1699, by virtue of the said Order of this House of the 29th of April 1699, whereby they had lost the Rents and Profits of the said Lands about Five Years; which they rather choosed to do, than to bring an original Appeal from the said Decree of Dismission in the Court of Tipperary, to this House, although, by the said Order of this House, they had Liberty so to do; and praying Relief therein."

"That there was also produced before the Committee, and read, several Resolutions made by the House of Lords in Ireland, the 11th of February 1703, and an Order of the 12th of the same February, made by that House, on hearing the said last mentioned Petition, whereby, after alleging, "That it appeared to them, that the said Earl and Countess had been illegally dispossessed of the said Estate (the Possession whereof had been given them pursuant to an Order of that House of the 29th of October 1695), the Sheriff of the County of Tipperary was required and commanded to put the said Earl and Countess into the actual and peaceable Possession of all the said Lands, as he would answer the contrary at his Peril;" which was accordingly done: That it was proved upon Oath, before the Committee, "That the said Edward Ward Esquire, then Lord Dudley and Ward, was an Infant at the making the last mentioned Order of the House of Lords in Ireland; and that he died during his Infancy in April 1704, leaving his Wife ensient with a Son Edward late Lord Dudley and Ward, who continued an Infant till the Year 1725, and died in September 1731 without Issue; and that the said John Levett and Mary his Wife are likewise both dead without Issue; and that the Petitioner the Lord Dudley and Ward is the Uncle and Heir at Law of the said late Lord Dudley and Ward deceased, and Cousin and Heir at Law of the said Mary Levett."

"And, upon the whole Matter, the Committee are of Opinion, That the several Proceedings in this Cause before the House of Lords in Ireland were coram non Judice; and that the Order made by the said House of Lords, upon the 12th of February 1703, was null and void; and that the Court of Chancery in that Kingdom (in whom the Jurisdiction which formerly belonged to the Court of Chancery of the Regalities and Liberties of the County Palatine of Tipperary is now vested) be directed forthwith to cause the Petitioner William Lord Dudley and Ward to be put into the Possession of all such Lands as the said Earl and Countess of Meath obtained Possession of by or under Colour of the said Order of the House of Lords in Ireland, of the 12th of February 1703; and that the Petitioner Edward Brabazon, who claims under the said Earl and Countess of Meath, or any other Person or Persons claiming under the said Earl and Countess, be at Liberty, if they think fit, to bring an Appeal to this House, within One Year from this Day, from the said Order of Dismission made by the Court of Chancery of the Regalities and Liberties of the said County Palatine of Tipperary, the 17th of April 1686; and, for that Purpose, that the House be moved, That their Lordships Standing Order, limiting the Number of Years for bringing in Appeals, may be dispensed with in this Particular."

Which Report being read by the Clerk:

Ordered, That the same be taken into Consideration on Tuesday next.

Then it being moved, "That the Standing Order, limiting the Number of Years for bringing in Appeals, may be dispensed with on this Occasion:"

Ordered, That the said Motion be taken into Consideration on Tuesday next; and the Lords to be summoned.

Pyndar to take the Name of Lygon, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Reginald Lygon Esquire, otherwise Pyndar, and the Heirs Male of his Body, to take upon him and them the Surname and Arms of Lygon, pursuant to the Settlement of William Lygon Esquire, deceased."

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

Ld. Steward.
Ld. Chamberlain.
D. Kent.
D. Ancaster, L. G. C.
D. Newcastle.
D. Portland.
D. Greenwich.
D. Manchester.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Litchfield.
E. Rochford.
E. Ilay.
E. Oxford.
E. Strafford.
E. Cowper.
E. Macclesfield.
E. Effingham.
V. Weymouth.
V. Torrington.
L. Bp. London.
L. B. Rochester.
L. B. St. Davids.
L. B. Glocester.
L. B. Bristol.
Ld. Abergavenny.
L. Hunsdon.
L. Poulet.
L. Cornwallis.
L. Carteret.
L. Gower.
L. Foley.
L. Bathurst.
L. Cadogan.
L. Ducie.
L. Monson.
L. Lovell.
L. Hardwicke.

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

Then it was moved, "That it be an Instruction to the said Committee, "That they do leave out in the Title these Words ["and Arms"]; and in the Body of the Bill these Words, ["and also that he the said Reginald Lygon, when and as often as he shall shew and bear any Cognizance or Coat of Arms, shall and may use and bear the Cognizance or Coat of Arms of the Family of Lygon, herein before mentioned or described."]"

Which being objected to:

After Debate:

The Question was put, upon the said Motion.

It was Resolved in the Negative.

Then it was likewise moved, "That the Officers of the College of Arms be ordered to attend the said Committee."

The same was also objected to.

And the Question being put, upon that Motion:

It was Resolved in the Negative.

Act against she Use of Calicoes, to amend, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend an Act passed in the Seventh Year of the Reign of His late Majesty King George the First, intituled, "An Act to preserve and encourage the Woollen and Silk Manufactures of this Kingdom; and for more effectual employing the Poor, by prohibiting the Use and Wear of all printed, painted, stained, or dyed Calicoes, in Apparel, Household-stuff, Furniture, or otherwise, after the Twenty-fifth Day of December One Thousand Seven Hundred and Twenty-two (except as is therein excepted)," so far as relates to Goods made of Linen Yarn and Cotton Wool, manufactured in Great Britain."

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."

Pitt, Leave for a Bill:

After reading, and considering, the Report of the Judges, to whom was referred the Petition of George Speke Esquire and Samuel Walkey Esquire, as (fn. 3) Guardians, and on Behalf, of Samuel Pitt, an Infant; 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 Guardians and Trustees of Samuel Pitt an Infant, to compound with Samuel Pitt Merchant, for a Sum of Money decreed to the said Infant by the Court of Chancery."

Gilbert to take the Name of Cooper, Bill:

Hodie 3a 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."

Then it was proposed, "To add a Clause, by Way of Rider, to enact, That it shall be lawful for the said John Gilbert, and the Heirs Male of his Body, to take, use, and bear, the Coat of Arms of the Coopers of Thurgarton, pursuant to the Condition contained in the said Will."

And the same, being read Thrice, was agreed to be made Part of the Bill.

Then it was likewise agreed to add, in the Title, the Words ["and Arms"]."

And the Question being 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 Martis, vicesimum tertium diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Origin. come.
2 Origin Winchilse.
3 Origin Guardian, vide. p. 596. b[...].