House of Lords Journal Volume 25
March 1737, 11-20

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History of Parliament Trust

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1767-1830

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44-54

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'House of Lords Journal Volume 25: March 1737, 11-20', Journal of the House of Lords volume 25: 1737-1741 (1767-1830), pp. 44-54. URL: http://british-history.ac.uk/report.aspx?compid=114061 Date accessed: 29 November 2014.


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March 1736, 11-20

DIE Veneris, 11o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Hereford.
Epus. Meneven.
Epus. Carliol.
Epus. Asaphen.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Leeds.
Dux Athol.
Dux Newcastle.
Dux Manchester.
Dux Dorset.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Winchilsea & Nott.
Comes Shaftesbury.
Comes Cholmondeley.
Comes Morton.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Cowper.
Comes Harborough.
Comes Fitzwalter.
Viscount Fauconberg.
Ds. Delawarr.
Ds. Clifton.
Ds. Bruce.
Ds. Carteret.
Ds. Cathcart.
Ds. Montjoy.
Ds. Bathurst.
Ds. Romney.
Ds. Monson.

PRAYERS.

Hesketh's Bill

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Trustees and Testamentary Guardians named in the Will of Thomas Hesketh, late of Rufford, in the County of Landcaster, Esquire, deceased, to perform the same, and make Leases for Lives in his settled Estate, for paying his Debts, during his Son's Minority, in Ease of an Estate devised by him to be sold."

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

Ld. President.
Ld. Steward.
D. Athol.
D. Dorset.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Finlater.
E. Ilay.
E. Oxford.
E. Strafford.
E. Cowper.
E. Harborough.
E. Fitzwalter.
V. Fauconberg.
L. Bp. Hereford.
L. B. St. Davids.
L. B. Carlisle.
L. B. St. Asaph.
Ld. Delawarr.
L. Clifton.
L. Bruce.
L. Carteret.
L. Cathcart.
L. Montjoy.
L. Bathurst.
L. Romney.
L. Monson.

Their Lordships, or any Five of them; to meet on Monday the 28th Instant, at the usual Time and Place; and to adjourn as they please.

Articles of War and List of Promotion of Officers.

The House being informed, "That Mr. Arnold, from the War-office, attended:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Address on Monday last,

"The Articles of War intended to be established for the Year ensuing."

And, "A List of the Promotion of the Officers of the Army, since the 25th of March 1736; distinguishing such of the said Officers as were in His Majesty's Service, or in Half Pay, before the said 25th of March; with the Dates of the Commissions of such Officers."

And then he was directed to withdraw.

And the Titles of the said Articles and List were read.

Ly. Lawley's Pet. referred to Judges.

Upon reading the Petition of Elizabeth Halpen, commonly called Lady Lawley, Wife of Mark Halpen Gentleman; praying Leave to bring in a Bill, to vest the Petitioner's Real and Personal Estate, which, by a Decree of the Court of Exchequer, were directed to be conveyed, assigned, and made over, by the said Mark Halpen, upon the Trusts, and for the Purposes, in the said Decree mentioned and appointed:

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 Denton; with the usual Directions, according to the Standing Order.

Biggs & al. Leave for a Bill for Payment of Kellowe's Debts:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Henry Biggs, of Woodford, in the County of Wilts, Gentleman; praying Leave to bring in a Private Bill:

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 Trustees in the Will of Thomas Kellow Gentleman, deceased, to sell Part of his Estate, for the Payment of his Debts."

Brabazon against L. Dudley & Ward:

Upon reading the Petition and Appeal of the Honourable Edward Brabazon Esquire, from and against an Order, or Decree of Dismission, made and pronounced by Sir John Mead deceased, late Chancellor of the Regalities and Liberties of the County Palatine of Tipperary, in the Kingdom of Ireland, on the 17th Day of April 1686, in a Cause wherein the Honourable Edward Brabazon Esquire and Cæcilia his Wife (afterwards Earl and Countess of Meath, in that Kingdom) were Complainants, and the Right Honourable Edward Lord Ward, William Ward Esquire his Son and Heir, by his Guardian the said Edward Lord Ward, John Levet Esquire and Mary his Wife, were Defendants; and praying, "That the same may be reversed; and that the Appellant may be decreed to the Possession of certain Premises in Question, in the Appeal mentioned; and that William Lord Dudley and Ward may convey what Right he has at Common Law (if any) to the Appellant; or that he may have such Relief given him as this House, in their great Wisdom, shall think fit:"

It is Ordered, That the said Lord Dudley and Ward may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Friday the 15th Day of April next; and that Service of this Order on the said Lord's Agent or Solicitor be deemed good Service.

Brabazon against L. Dudley; & L. Howth against Pierson:

The House being informed, "That Mr. Brereton attended, in order to deliver in Copies of Papers and Proceedings, in the Cause wherein Edward Brabazon Esquire is Appellant, and William Lord Dudley and Ward Respondent; and in a Cause wherein Lord Howth is Appellant, and Eleazer Peirson Respondent:"

Pleadings proved.

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

And then he was directed to withdraw.

Elliot to have an Extract of Decree, as usual in Scotland.

Upon reading the Petition of Thomas Elliot; setting forth, "That he, having brought his Appeal from a Decree of the Lords of Session in Scotland, expected to have an Extract thereof in the usual Manner, in order to bring the same before this House, upon hearing the Cause; but, upon Application of the Respondent, the said Lords of Session ordered, "That the Informations and Memorials presented to the Court by either Party should be inserted in such Decree or Extract of the Proofs;" and praying, "In regard this Direction is entirely new and unprecedented, and will be attended with an extraordinary Expence, that the Clerks of the Process be ordered to extract the said Decree in the usual and accustomed Manner, without inserting therein the said Informations and Memorials; or to give the Petitioner such other Relief as to this House shall seem just:"

It is Ordered, That the said Clerks do make the Extract of the said Decree, in the usual and accustomed Manner; and do mark the several printed Informations and Memorials presented to the said Court in this Cause, and sign the same, in order to their being produced before this House, without inserting them in the said Extract of the Decree.

Charteris against Murray.

Counsel (according to Order) were called, to be heard, in the Cause wherein Francis Charteris and his Guardians are Appellants, and Archibald Murray and others Respondents.

And the Appellant's Counsel being fully heard; and several Proceedings and Proofs on their Part read:

It is Ordered, That the further Hearing of this Cause be adjourned till Monday next; and the Cause for that Day be put off to the Friday following.

Adjourn.

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

DIE Lunæ, 14o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Meneven.
Epus. Carliol.
Epus. Asaphen.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Dorset.
Comes Suffolk.
Comes Northampton.
Comes Winchilsea & Nott.
Comes Litchfield.
Comes Abingdon.
Comes Scarbrough.
Comes Loudoun.
Comes Finlater.
Comes Breadalbane.
Comes Oxford.
Comes Rockingham.
Comes Aylesford.
Comes Harborough.
Comes Pomfret.
Comes Fitzwalter.
Viscount Fauconberg.
Ds. (fn. 1) Clifton.
Ds. Poulet.
Ds. Strange.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.

PRAYERS.

O' Farrel against O'Farrell.

The Answer of Roger O'Farrel Gentleman, to the Appeal of Richard O'Farrel, was brought in:

Fetherston against O'Farrell.

As was likewise, the Answer of Roger O'Farrel, to the Appeal of Thomas Fetherstone and others.

Abp. of Canterbury takes the Oaths.

John Lord Archbishop of Canterbury took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

D. Athol takes his Seat as Lord Strange.

His Majesty having caused a Writ of Summons to Parliament to be issued to James Duke of Athol, directed "To James Murray, of Strange, Chevalier;" he thereupon sat this Day in Parliament, after the Death of his Great Grandfather James Lord Strange; having, at the Table, first taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Commons will send an Answer about their Members attending.

The Messengers ordered on Thursday last to go to the House of Commons, to desire they will give Leave, That Lieutenant General Wade and Patrick Lindsay Esqurie may attend this House, touching the Examination of Matters relating to the Murther of Captain Porteous, in Scotland," acquainted their Lordships, That the Commons would return an Answer by Messengers of their own."

Byde's Pet. referred to Judges.

Upon reading the Petition of Katherine Byde, Widow of Thomas Byde Esquire, deceased, for herself and on the Behalf of Thomas Plummer Byde and John Byde her Two Sons by the said Thomas Byde, who are both Infants; praying Leave to bring in a Bill, for enabling the said Thomas Plummer Byde the Infant to make a Conveyance of divers Mills, Lands, Tenements, and Hereditaments, lying in the Parishes of Ware and Amwell, in the County of Hertford, to the New River Company, for the Considerations in the Petition mentioned, notwithstanding his Minority:

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 Denton; with the usual Directions, according to the Standing Order.

Jelfe's Pet. referred to Judges.

Upon reading the Petition of Judith Jelfe, an Infant, by Oliver Jelfe her Uncle and next Friend; praying Leave to bring in a Bill, for vesting the Petitioner's Fifth Part of an Estate in the Petition mentioned, in the Suburbs of Bristol, in Trustees, to make, or join with other Proprietors thereof in making, Grants or Leases of the same, as in the Petition is 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 Denton; with the usual Directions, according to the Standing Order.

Swymmers, Pet. referred to Judges.

Upon reading the Petition of William Swymmer Esquire and Henry Swymmer Merchant, Guardians appointed by the Court of Chancery to take Care of the Person and Estate of Anthony Langley Swymmer, an Infant of the Age of Eleven Years or thereabouts; praying Leave to bring in a Bill, to enable the Petitioners to lease the Manor of Mould, in the County of Flint, in North Wales, or any Part thereof; and to join with John Trevor and Edward Loyd in granting and renewing of Leases of certain Mines within the said Manor, or any Part thereof, during the Infancy of the said Anthony Langley Swymmer:

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 Denton; with the usual Directions, according to the Standing Order.

L. Hobart, Leave for a Bill for Sale of Gunnersbury House:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Lord Hobart and others; praying Leave to bring in a Private Bill:

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 the Capital Messuage of Gunnersbury, and other Lands and Hereditaments, late the Estate of Sir John Maynard Knight, Serjeant at Law; and for purchasing another Estate, pursuant to the Uses of his Will."

O'Farrell, Hearing appointed.

Upon reading the Petition of Roger O'Farrell; setting forth, "That, in February 1734, he exhibited an Appeal to this House, from Orders and Decrees of the Chancery of Ireland; and though he obtained peremptory Orders on the Respondents to put in their Answers in a Week, yet they neglected so to do till this Session, in which some of them have answered, but others have not;" and praying, "That the said Appeal may be heard on Wednesday the 6th Day of April next peremptorily, or on such other Day after as to this House shall seem meet:"

It is Ordered, That the said Appeal be heard, by Counsel, at the Bar of this House, on the said 6th Day of April next, notwithstanding some of the Respondents thereunto have not yet put in their Answers.

Biggs & al. for Payment of Kellow's Debts, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Trustees in the Will of Thomas Kellow Gentleman, deceased, to sell Part of his Estate, for the Payment of his Debts."

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

Ld. President.
Ld. Chamberlain.
D. Dorset.
E. Northampton.
E. Winchilsea.
E. Litchfield.
E. Scarbrough.
E. Oxford.
E. Rockingham.
E. Harborough.
E. Pomfret.
E. Fitzwalter.
V. Falmouth.
Ld. Abp. Cant.
L. Bp. Rochester.
L. B. Sarum.
L. B. St. Davids.
L. B. Carliol.
L. B. St. Asaph.
L. Clifton.
L. Poulet.
L. Strange.
L. Bruce.
L. Lynne.
L. Hervey.
L. Carteret.
L. Bathurst.
L. Hobart.
L. Monson.

Their Lordships, or any Five of them; to meet on Tuesday the 29th Instant, at the usual Time and Place; and to adjourn as they please.

Charteris against Murray:

After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of Francis Charteris of Amisfield Esquire, and his Guardians; complaining of an Interlocutory Sentence of the Lord Ordinary in Scotland, of the 22d of November 1735, whereby he found, "That no sufficient Evidence was adduced for astructing the Onerous Causes of the Bonds in Question;" and also of the Adherence of the Lords of Session, to the said Interlocutory Sentence; and likewise of another Interlocutor of the same Lord Ordinary, of the 18th of February 1735/6, both made in Favour of Archibald Murray, and the other Trustees for the Creditors of Marchieston; and praying, "That the same may be reversed; and that the Appellants may have such Relief as to this House shall seem just:" As also upon the Answer of the said Archibald Murray and others 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 Interlocutors complained of in the said Appeal be, and the same are hereby, affirmed, with the Variations following in the First Interlocutor complained of, That, instead of these Words ["the Onerous Cause of the said Bonds"], these Words be inserted, videlicet, ["the Whole of the Onerous Causes of the said Bonds insisted on by the Appellants"]; and in the other Interlocutor complained of, instead of these Words ["the said Bonds void and null"], these Words be inserted, (videlicet,) ["That the Money really and actually advanced upon the said Bonds, and the Interest thereof, has been paid off and satisfied."]"

Adjourn.

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

DIE Martis, 15o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Cant.
Epus. Dunelm.
Epus. Winton.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol.
Epus. Asaphen.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Athol, & Ds. Strange.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Essex.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Gainsborough.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Craufurd.
Comes Loudoun.
Comes Finlater.
Comes Selkirk.
Comes Breadalbane.
Comes Dunmore.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Tankerville.
Comes Bristol.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. North & Guilford.
Ds. Clifton.
Ds. Poulet.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.

PRAYERS.

L. Hobart & al. for Sale of Gunnersburyhouse, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of the Capital Messuage of Gunnersbury, and other Lands and Hereditaments, late the Estate of Sir John Maynard Knight, Serjeant at Law; and for purchasing another Estate, to be settled to the Uses of his Will."

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

Ld. President.
Ld. Steward.
D. Bedford.
D. Athol.
D. Portland.
D. Manchester.
E. Pembroke.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Scarbrough.
E. Coventry.
E. Finlater.
E. Ilay.
E. Oxford.
E. Harborough.
E. Pomfret.
E. Fitzwalter.
E. Effingham.
V. Fauconberg.
V. Torrington.
L. Abp. Cant.
L. Bp. Rochester.
L. B. Sarum.
L. B. St. Davids.
L. B. Glocester.
L. B. St. Asaph.
Ld. Harrington, Secretary.
L. Delawarr.
L. Clifton.
L. Cornwallis.
L. Carteret.
L. Gower.
L. Masham.
L. Foley.
L. Bathurst.
L. Onslow.
L. Monson.

Their Lordships, or any Five of them; to meet on Wednesday the 30th Instant, at the usual Time and Place; and to adjourn as they please.

Pemberton & al. Pet. referred to Judges.

Upon reading the Petition of Francis Pemberton Esquire and Elizabeth Pemberton his Wife, for themselves, and on Behalf of Christopher Pemberton and Andrew Pemberton their Younger Sons, who are Infants, and of Francis Pemberton Esquire, Eldest Son and Heir Apparent of the said Francis Pemberton by the said Elizabeth, Henry Pemberton and Jeremy Pemberton, Two other of the Younger Sons of the said Francis Pemberton, by the said Elizabeth; praying Leave to bring in a Bill, for Sale of an Estate at Milton, in the County of Cambriage, for raising Money, towards discharging a Mortgage thereupon; and for settling, in Lieu thereof, an unsettled Estate at Trumpington, to the Uses of the Marriage Settlement of the Petitioners Francis Pemberton and Elizabeth his Wife:

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 Denton; with the usual Directions, according to the Standing Order.

Parkyns, Pet. referred to Judges.

Upon reading the Petition of Elizabeth Parkyns, Widow of Thomas Parkyns Esquire, deceased, for herself, and as Guardian, and on the Behalf, of Jane Parkyns her Daughter and only Child, an Infant, Richard Farrer Gentleman and Harriot his Wife, Sister of the said Thomas Parkyns; praying Leave to bring in a Bill, for discharging a Mortgage made upon the Manor of Great Leak, in the County of Nottingham, and other Estates of the said Thomas Parkyns, by Sale of a competent Part of the Estate charged therewith:

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 Denton; with the usual Directions, according to the Standing Order.

Broughton's Pet. referred to Judges.

Upon reading the Petition of Dame Elizabeth Broughton, in the County of Stafford, Widow, and Sir Brion Broughton Baronet, her Son, an Infant of the Age of Eighteen Years and upwards; praying Leave to bring in a Bill, to enable the Petitioners, notwithstanding the Minority of the said Sir Brion, to settle certain Estates, in the Counties of Stafford, Nottingham, and Lincoln, subject to the Charges thereon; and also to enable him, with the Consent of his Mother, to execute the Powers given him by a Settlement made by his Grandfather, subject to such Charges as are subsisting; and likewise to enable him and his Issue to take and use the Surname of Delves, according to the said Settlement:

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 Denton; with the usual Directions, according to the Standing Order.

Trench's Pet. referred to Judges.

Upon reading the Petition of Frederick Trench Esquire, Son and Heir of the Reverend John Trench, Dean of Raphae, deceased, for himself, and for and on the Behalf of his only Son Frederick Trench, an Infant; praying Leave to bring in a Bill, for vesting Estates in the Counties of Meath and West Meath, in the Kingdom of Ireland, in Trustess, to be sold, or mortgaged, for the Purposes in the Petition mentioned; and that certain Lands, in the County of Gallway and King's County, conveyed to John Usher Esquire, may be restored and settled to the Uses of the Petitioner's Marriage Settlement, free from the Debts which now affect the same:

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 Denton; with the usual Direction, according to the Standing Order.

Dunbar, Duty on Beer, Bill.

The Lord Delawarr reported from the Lords Commitees to whom the Bill, Intituled, "An Act for continuing an Act passed in the Fifth Year of the Reign of His late Majesty King George the First, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer that shall be vended or sold, within the Town of Dunbar, for improving and preserving the Harbour, and repairing the Town-house, and building a School and other public Buildings there, and for supplying the said Town with fresh Water," was committed: "That the Commitee had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Pieydel & al. to enclose Broad Blunsdon Common, Leave for a Bill.

Upon reading the Pettition of Mark Stuart Pleydell Baronet, the Honourable John St. John Esquire, William Hippisley Esquire, James Ayscough Vicar, John Stapler, Henry Southby, George Moore, Francis Pearce, Thomas Cartwright, Edward Roberts, John Wells, Alexander Ball, Edward Fowler, and William Butcher, and other Owners and Proprietors of Land, lying dispersedly in the Common Fields, Common Meadows, and Commonable Places, of Broad Blunsdon, whose Names are thereunto subscribed, in Behalf of themselves and other Owners and Proprietors of Land in the said Common Fields and Commonable Places; praying Leave to bring in a Bill, for dividing and enclosing the said Commons, in such Manner as to this House shall seem meet:

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

Address for State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1735, and 31st of December 1736; 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 hath been applied."

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

Mutiny Bill;

The Order of the Day being read, for the House to be 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:"

Instruction to the Committee refused.

It was moves, "To order, that it be an Instruction to the Commitee, That the Number of Troops to be specified in the Bill do not exceed Twelve Thousand."

After Debate;

The Question was put, upon the said Motion.

It was Resolved in the Negative.

Then the House was adjourned during Pleasure; and put into a Committee upon the aforementioned Bill.

After some Time; the House was resumed.

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

Ordered, That the said Bill be read the Third Time on Friday next; and the Lords to be summoned.

Commons give Leave for Members to attend.

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

To acquaint this House, "That they have given Leave to Lieutenant General Wade and Patrick Lindsay Esquire, Members of their House, to come to this House, as is desired by their Lordship Message on Thursday last, if the said Members think fit."

Adjourn.

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

DIE Mercurii, 16o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Cant.
Epus. Dunelm.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Bristol.
Epus. Glocestr.
Epus. Asaphen.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Athol, & Ds. Strange.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Berkshire.
Comes Winchilsea.
Comes Chesterfield.
Comes Essex.
Comes Cardigan.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Gainsborough.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Craufurd.
Comes Loudoun.
Comes Finlater.
Comes Selkirk.
Comes Breadalbane.
Comes Dunmore.
Comes Ilay.
Comes Oxford.
Comes Dartmouth.
Comes Rockingham.
Comes Aylesford.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Fauconberg.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. North & Guilford.
Ds. Clifton.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Cathcart.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.

PRAYERS.

Wichelhausen & al. Nat. Bill:

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

With a Bill, intituled, "An Act for naturalizing Godfrey Wichelhausen, John Francis Noppe, and John Stephen Masson;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Barband & al. Pet. to be added to it.

Upon reading the Petition of Thomas Barband and John Dillman; praying, "That their Names may be inserted in the said Bill:"

It is Ordered, That the said Petition do lie on the Table till the said Bill be read a Second Time.

Dunbar Duty on Beer, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing an Act passed in the Fifth Year of the Reign of His late Majesty King George the First, intituled, An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer that shall be vended or sold within the Town of Dunbar, for improving and preserving the Harbour, and repairing the Townhouse, and building a School and other public Buildings there, and for supplying the said Town with fresh Water."

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. Elde and Mr. Spicer:

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

Sir R. Graham & al. Pet. referred to Judges.

Upon reading the Petition of Sir Reginald Graham Baronet, Eldest Son and Heir of Sir Reginald Graham Baronet, deceased, and Dame Jacoba Catherine Graham his Wife, Richard Graham Esquire Youngest Son of the said Sir Reginald Graham deceased, and Dame Anne Graham Widow and Relict of the said Sir Reginald Graham deceased, and Charles Lord Viscount Preston; praying Leave to bring in a Bill, for Sale of an Estate at Kippax, in the County of York; and applying the Money arising thereby in disencumbering that Estate; and for other Purposes in the Petition mentioned:

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 Denton; with the usual Directions, according to the Standing Order.

Duffield & Ux. Pet. referred to Judges.

Upon reading the Petition of Edward Duffield Esquire and Mary his Wife; praying Leave to bring in a Bill, to charge an Estate at Egham, in the County of Surrey, with any Sum not exceeding One Thousand Pounds, to pay off Debts and Encumbrances, which were chiefly contracted for the Improvement of the said Estate:

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 Denton; with the usual Directions, according to the Standing Order.

Murder of Capt. Porteous, Examination concerning:

The House (according to Order) was adjourned during Pleasure, and put into a Committee to take into further Consideration the Speech of the Lords Commissioners appointed by His Majesty for holding this Parliament, made, by His Majesty's Command, to both Houses, the First Day of February last.

After some Time, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had made a further Progress in the Matter to them referred."

Young to attend.

Ordered, That Thomas Young of Edinburgh, who was mentioned in the Examination before the Committee, as to the Delivery of Powder and Ball, at the Time of the late Outrage and Riot in Scotland in which Captain Porteous was murdered, do attend this House To-morrow, if in Town.

His Majesty's Answer to Address for State of the National Debt.

The Lord Delawarr acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty their Lordships Address of Yesterday, for a State of the National Debt to be laid before the House; and that His Majesty had been pleased to give Order accordingly."

Adjourn.

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

DIE Jovis, 17o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Dunelm.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Epus. Bristol.
Epus. Asaphen.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Montagu.
Dux Athol, & Ds. Strarge.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Essex.
Comes Cardigan.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Finlater.
Comes Selkirk.
Comes Breadalbane.
Comes Dunmore.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Viscount Fauconberg.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clifton.
Ds. Poulet.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Talbot.

PRAYERS.

L. Talbot takes his Seat.

William Lord Talbot sat first in Parliament, after the Death of his Father Charles Lord Talbot; having, at the Table, first taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Persons sworn, to be naturalized.

Thomas Barband and John Dillman took the Oaths of Allegiance and Supremacy, in order to their Naturalization.

Wichelhausen & al. Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Godfrey Wichelhausen, John Francis Noppe, and John Stephen Masson."

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

Ld. President.
Ld. Steward.
D. Leeds.
D. Bedford.
D. Marlborough.
D. Montagu.
D. Athol.
D. Portland.
D. Greenwich.
D. Manchester.
E. Pembroke.
E. Northampton.
E. Warwick.
E. Westmorland.
E. Winchilsea.
E. Shaftesbury.
E. Litchfield.
E. Coventry.
E. Finlater.
E. Ilay.
E. Oxford.
E. Rockingham.
E. Cowper.
E. Harborough.
E. Effingham.
Vis. Fauconberg.
Vis. Cobham.
Vis. Falmouth.
L. Abp. Cant.
L. Bp. Durham.
L. B. Lincoln.
L. B. Rochester.
L. B. Sarum.
L. B. St. Davids.
L. B. Norwich.
L. B. St. Asaph.
Ld. Harrington, Sec.
L. Abergavenny.
L. Delawarr.
L. Clifton.
L. Poulet.
L. Bruce.
L. Carteret.
L. Gower.
L. Bathurst.
L. Romney.
L. Cadogan.
L. Ducie.
L. Hobart.
L. Monson.
L. Lovell.
L. Talbot.

Their Lordships, or any Five of them; to meet at the usual Time and Place, To-morrow; and that the Petition of Thomas Barband and John Dillman, praying to be added to the said Bill, be referred to the said Committee.

E of Rockingham & al. Pet. referred to Judges.

Upon reading the Petition of Lewis Earl of Rockingham and Katherine Countess of Rockingham his Wife, John St. John and Anne his Wife, the Lady Anne Furnese, Mother and Guardian, and on the Behalf, of Selina Furnesse an Infant, and Henry Furnese Esquire; praying Leave to bring in a Bill, for confirming a Partition of certain Estates, in the Petition mentioned, according to the Intention and Agreement of the Parties:

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 Denton; with the usual Directions, according to the Standing Order.

Delane, Hearing put off.

Ordered, That the Cause wherein Dennis Delane Gentleman is Appellant, and Dennis Delane and others are Respondents, which stands for an Hearing To-morrow, be put off to Monday next.

Murder of Capt. Porteous, further Examination concerning.

The House (according to Order) was adjourned during Pleasure, and put into a Committee, to take into further Consideration the Speech of the Lords Commissioners appointed by His Majesty for holding this Parliament, made, by His Majesty's Command, to both Houses, the First Day of February last.

After some Time, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had made a further Progress in examining into the Matter relating to the Outrage and Riot in which Captain Porteous was murdered."

Ordered, That the House be put into a Committee again, to take into further Consideration the Speech of the Lords Commissioners appointed by His Majesty for holding this Parliament, made, by His Majesty's Command, to both Houses, the First Day of February last, To-morrow.

Adjourn.

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

DIE Veneris, 18o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Cantuar.
Epus. Dunelm.
Epus. Winton.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Epus. Bristol.
Epus. Asaphen.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Athol, & Ds. Strange.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Berkshire.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Essex.
Comes Cardigan.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Gainsborough.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Selkirke.
Comes Bredalbane.
Comes Dunmore.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Aylesford.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitswalter.
Comes Effingham.
Viscount Fauconberg.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. North & Guil.
Ds. Clifton.
Ds. Poulet.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. (fn. 2) Hobart.
Ds. Monson.
Ds. Lovell.

PRAYERS.

Medley & al. against Stoakes:

Upon reading the Petition of Humphry Stoacks, Defendant in a Writ of Error brought into this House the 8th Instant; praying, "In regard John Medley and others, Plaintiffs, have not assigned Errors upon the said Writ, according to their Lordships Standing Order; 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 Plaintiffs in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Ten Pounds, for his Costs, by reason of the Delay of the Execution of the said Judgement.

Talbot's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Trustees, during the respective Minorities of George Talbot Esquire and his Younger Brothers, to grant Leases of the Estates of the said Infants, in the Counties of Salop, Worcester, Berks, Chester, Oxford, and Wilts," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Cook's Bill.

His Lordship made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for Sale of certain Leasehold Estates, of Thomas Cooke Esquire, in the County of Gloucester; and for settling some Freehold and Copyhold Estates of Inheritance, of greater Value, to the same Uses, in Lieu thereof," was committed; except that their Lordships had made only One Amendment to the Bill.

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

Wichelhausen & al. Nat. Bill.

The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Godfrey Wichelhausen, John Francis Noppe, and John Stephen Masson," was committed: "That they had considered the said Bill; as also the Petition of Thomas Barband and John Dillman, to them referred; and had gone through the Bill, and made some Amendments thereunto."

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

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.

Protest against it.

"Dissentient.

"Abingdon."

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

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

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

Message from thence, with a Bill.

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

With a Bill, intituled, "An Act for enabling Sir Jacob Des Bouverie Baronet, and John Des Bouverie Esquire, and their respective Issue, and Elizabeth Des Bouverie, Sister of the said John, to take and use the Surname of Bouverie, pursuant to the Desire of Jacob Des Bouverie and Sir Christopher Des Bouverie deceased;" to which they desire the Concurrence of this House.

Stock jobbing, to prevent, Bill.

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

With a Bill, intituled, "An Act to make perpetual an Act made in the Seventh Year of the Reign of His present Majesty, intituled, An Act to prevent the infamous Practice of Stock-jobbing;" to which they desire the Concurrence of this House.

The last mentioned Bill was read the First Time.

Col. Duroure to attend:

Ordered, That Colonel Duroure, Lieutenant Colonel of Lieutenant General Whetham's Regiment, do forthwith attend this House.

Gen. Wade and others sworn:

Then Lieutenant General Wade, Patrick Lindsay Esquire, the said Colonel Duroure, and Major Poole, were called in, and sworn, in order to be examined before the Committee of the whole House, appointed to consider further of the Speech of the Lords Commissioners appointed by His Majesty for holding this Parliament, made, by His Majesty's Command, to both Houses, the First Day of February last.

And then they were directed to withdraw.

Murder of Capt. Porteous, Examination concerning.

And the House was adjourned during Pleasure, and put into the said Committee.

After some Time, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had made a further Progress in examining into the Matter relating to the Outrage and Riot in which Captain Porteous was murdered."

Ordered, That, on Tuesday next, this House shall be put into a Committee again, to take into further Consideration the Speech of the Lords Commissioners appointed by His Majesty for holding this Parliament, made, by His Majesty's Command, to both Houses, the First Day of February last.

Then it being moved, "That the Lord Justice Clerk in Scotland be ordered to attend this House on this Day Three Weeks:"

The same was objected to.

And it being also moved, "To adjourn:"

The Question was put, "Whether this House shall be now adjourned?"

It was Resolved in the Affirmative.

Adjourn.

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

Footnotes

1 Origin. Cifton.
2 Bis in Originali.