House of Lords Journal Volume 26
March 1742, 21-31

Sponsor

History of Parliament Trust

Publication

Year published

1767-1830

Pages

79-87

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'House of Lords Journal Volume 26: March 1742, 21-31', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 79-87. URL: http://british-history.ac.uk/report.aspx?compid=114151 Date accessed: 02 September 2014.


Highlight

(Min 3 characters)

March 1742, 21-31

DIE Lunæ, 22o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestriens.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Dux Grafton, Camerarius.
Dux Devon.
Dux Marlborough.
Dux Newcastle.
March. Lothian.
Comes Derby.
Comes Northampton.
Comes Berkshire.
Comes Winchilsea.
Comes Sandwich.
Comes Carlisle.
Comes Ailesbury.
Comes Albemarle.
Comes Coventry.
Comes Sutherland.
Comes Morton.
Comes Home.
Comes Lauderdale.
Comes Loudoun.
Comes Findlater.
Comes Breadalbane.
Comes Oxford.
Comes Rockingham.
Comes Stanhope.
Comes Harborough.
Comes Fitzwalter.
Comes Wilmington.
Comes Malton.
Viscount Hereford.
Viscount Lonsdale.
Viscount Falmouth.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Poulet.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Gower.
Ds. Conway.
Ds. Somerville.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Monson.
Ds. Raymond.

PRAYERS.

Warren's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable George Warren Esquire, his Heirs and Assigns, to make a Sluice, or Tunnel, through Part of the Glebe belonging to the Rectory of Stockport, in the County of Chester; and to use and enjoy the same, for conveying Water to Stockport Mills."

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

It was Resolved in the Affirmative.

Meredith's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for making Articles of Agreement, entered into by Amos Meredith Esquire and Joanna his Wife, as well in her own Behalf, as in Behalf of their Seven Children, all Infants, and by Thomas Asheton Esquire, in Behalf of his Son, an Infant, touching the Partition of the Estate of Robert Cholmondeley, late of Holford, in the County of Chester, Esquire, deceased, now remaining unsold, obligatory on the said Infants; and rendering the said Partition effectual and binding to all Parties."

The Question was put, "Whether the said Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with the preceding Bills.

A Message was sent to the House of Commons, by Mr. Sawyer and Mr. Mountague:

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

D. Grafton's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the Sale of certain Pieces or Parcels of Ground, Messuages, and Buildings, at Park Place, in the Parish of Saint James, in the County of Middlesex, Part of the settled Estate of Charles Duke of Grafton; and for settling other Lands to the same Uses, in Lieu thereof."

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

D. Devon.
D. Marlborough.
D. Newcastle.
M. Lothian.
E. Derby.
E. Northampton.
E. Berkshire.
E. Winchilsea.
E. Sandwich.
E. Carlisle.
E. Aylesbury.
E. Albemarle.
E. Coventry.
E. Sutherland.
E. Morton.
E. Home.
E. Lauderdale.
E. Loudoun.
E. Findlater.
E. Breadalbane.
E. Oxford.
E. Malton.
Vis. Hereford.
L. Bp. Rochester.
L. Bp. St. Davids.
L. Bp. Carlisle.
L. Bp. Glocester.
L. Bp. Norwich.
L. Bp. Landaff.
L. Clinton.
L. Willoughby Par.
L. Clifton.
L. Poulet.
L. Strange.
L. Ward.
L. Cornwallis.
L. Gower.
L. Conway.
L. Somerville.
L. Hay.
L. Masham.
L. Foley.
L. Bathurst.
L. Romney.
L. Monson.
L. Raymond.

Their Lordships, or any Five of them; to meet on Tuesday the 6th Day of April next, at the usual Time and Place; and to adjourn as they please.

Morden to take the Name of Harbord, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enabling William Morden Esquire, and his Heirs Male, to take and use the Surname and Arms of Harbord, pursuant to the Desire of Harbord Harbord Esquire, 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 Friday next, at the usual Time and Place; and to adjourn as they please.

Northampton, &c. Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, one of the Eighth Year of the Reign of Her late Majesty Queen Anne, and the other of the Ninth Year of the Reign of His late Majesty King George the First, for repairing the Highways between the House commonly called The Horseshoe House, in the Parish of Stoke Goldington, in the County of Bucks, and the Town of Northampton; and the Road from the North Bridge of Newport Pagnell, in the County of Bucks, to The Horseshoe House."

Ordered, That the said Bill be committed to the Consideration of the same Committee:

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

Wendover to Buckingham Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing and making more effectual an Act, made in the Seventh Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing the Road from Wendover to the Town of Buckingham, in the County of Bucks; and for building a Bridge at Padbury, and making it a County Bridge."

Ordered, That the said Bill be committed to the Consideration of the same Committee:

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

Lords added to the Committee on Ld. Taaffe's Bill.

Ordered, That the Earl of Litchfield, Earl of Ilay, Lord Weston, and Lord Boyle, be added to the Committee to whom the Bill for Sale of the Estate of Francis late Earl of Carlingford, deceased, in the Kingdom of Ireland, stands committed.

Radcliffe, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Walter Radcliffe Esquire and Admonition his Wife; 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 several settled Estates of Walter Radcliffe Esquire, lying in the County of Devon; and for laying out the Monies arising from such Sale in the Purchase of other Lands, in the said County of Devon, of equal Value, to be settled to the same Uses, in Lieu thereof."

Stewart's Petition, concerning Ld. Maynard's Privilege for Lowther.

Ordered, That the Lords Committees for Privileges, to whom the Petition of Alexander Stewart Esquire and Mary his Wife, relating to the Lord Maynard's Claim of Privilege for his Servant, stands referred, do meet, to consider of the said Petition, on this Day Sevennight.

Dalrymple against Dalrymple.

After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal exhibited in the Name of Mary Dalrymple, formerly Mary Gainer, therein styled lawful Wife of Captain James Dalrymple, of the Regiment of Foot commanded by the Earl of Rothes; and also of Helen, Elizabeth, Mary, and Jean Dalrymple, likewise styled their lawful Children; complaining of several Interlocutors of the Commissaries of Edinburgh, the 2d of December 1740, the 2d of January and 6th of March following; as also of certain Interlocutors of the Lords of Session, of the 20th and 27th of February 1741, made on the Behalf of the said Captain James Dalrymple; and praying, "That the said Interlocutors might be reversed; and that the Appellants might have such other Relief granted them as to the House in their great Wisdom should think just:" As also upon the Answer of the said Captain James Dalrymple 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 several Interlocutors therein complained of be, and the same are hereby, affirmed.

Adjourn.

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

DIE Mercurii, 24o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Carliol.
Epus. Norwic.
Epus. Bangor.
Epus. Cicestriens.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Devon.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Comes Derby.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Berks.
Comes Winchilsea.
Comes Sandwich.
Comes Anglesey.
Comes Carlisle.
Comes Ailesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Sutherland.
Comes Moray.
Comes Loudoun.
Comes Findlater.
Comes Breadalbane.
Comes Ilay.
Comes Oxford.
Comes Stanhope.
Comes Harborough.
Comes Fitzwalter.
Comes Wilmington.
Viscount Hereford.
Viscount Fauconberg.
Viscount Lonsdale.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Poulet.
Ds. Strange.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Gower.
Ds. Somerville.
Ds. Hay.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Raymond.

PRAYERS.

Ld. Taaffe's Bill, for Sale of the E. of Carlingford's Estate.

The Earl of Litchfield reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting all the Manors, Towns, Lands, Chiefries, Feefarm Rents, and other Hereditaments whatsoever, in the several Counties of Lowth, Meath, and Sligoe, and elsewhere, in the Kingdom of Ireland, late the Estate of Francis Earl of Carlingford, deceased, in Trustees, to be sold, for the Payment of his Debts, and for other Purposes," 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.

Bromsgrove, &c. Road, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Roads leading from the Town of Bromsgrove to the Town of Dudley, in the County of Worcester, and from the said Town of Bromsgrove to the Town of Birmingham, in the County of Warwick," so far as the said Act relates to repairing the Roads leading from the Town of Dudley to the Town of Bromsgrove, in the County of Worcester, and for making the same more effectual;" to which they desire the Concurrence of this House.

Wyndham & al. to take the Name of O'Brien, Bill.

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

With a Bill, intituled, "An Act to enable Percy Wyndham Esquire, and other the Devisees of Henry Earl of Thomond and Viscount Tadcaster, deceased, to take and use the Surname of Obrien, pursuant to the Will of the said Earl of Thomond and Viscount Tadcaster;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Visc. Weymouth's Privilege, for Lands in Pembridge.

Ordered, That the Sitting of the Lords Committees for Privileges, to whom was referred the Petition of Robert Garden, on Behalf of the Lord Viscount Weymouth, in relation to a Complaint of a Breach of his Lordship's Privilege, appointed for Monday the 5th of April next, be put off to that Day Sevennight, in regard the Persons ordered to attend cannot come sooner, by reason of their being so great a Distance from Town.

Radcliffe's Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of several settled Estates of Walter Radcliffe Esquire, lying in the County of Devon; and for laying out the Monies arising from such Sale in the Purchase of other Lands, in the said County of Devon, of equal Value, to be settled to the same Uses, in Lieu thereof."

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

D. Devon.
D. Montagu.
D. Portland.
E. Pembroke.
E. Northampton.
E. Sandwich.
E. Carlisle.
E. Shaftesbury.
E. Litchfield.
E. Coventry.
E. Cholmondeley.
E. Sutherland.
E. Findlater.
E. Ilay.
E. Stanhope.
E. Harborough.
Vis. Hereford.
Vis. Fauconberg.
L. Bp. Rochester.
L. Bp. St. Davids.
L. Bp. Norwich.
L. Bp. Bangor.
L. Bp. Chichester.
L. Bp. Landaff.
L. Carteret, Sec.
L. Delawarr.
L. Willoughby Par.
L. Clifton.
L. Berkeley Str.
L. Gower.
L. Somerville.
L. Mansel.
L. Foley.
L. Bathurst.
L. Romney.
L. Monson.
L. Raymond.

Their Lordships, or any Five of them; to meet on Thursday the 8th Day of April next, at the usual Time and Place; and to adjourn as they please.

Ordered, That the Earl of Litchfield, Lord Gower, and Lord Bathurst, be added to the Committee to whom the Bill to establish Articles of Agreement, relating to the Tithes and Glebe Lands within the Parish of Leigh, in the County of Worcester, stands committed.

Lady Brooke's Petition referred to Judges.

Upon reading the Petition of Dame Bridget Brooke, the Mother and Committee of the Person, and of Montagu Brooke Esquire, the only Brother and Committee of the Estate, of Sir Job Brooke Baronet, a Lunatic; praying Leave to bring in a Bill, for restraining the said Sir Job from marrying, or alienating, disposing, or encumbering his Estate, during his Lunacy; and that the Petitioner Montagu may, after discharging an Encumbrance of £.4400. upon the Estate of the said Lunatic, be empowered to make a Settlement of such Share or Proportion thereof, for a Jointure for any Wife the Petitioner Montagu shall marry, as shall be thought reasonable:

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

Lucas et Ux. Petition referred to Judges.

Upon reading the Petition of Robert Lucas and Mary his Wife; praying Leave to bring in a Bill, for Sale of certain Lands, in the Petition mentioned, in the Counties of Somerset and Devon; and to apply the Money arising thereby, for the purchasing such Part of the Lands contracted for, as together with the Fee-simple Lands of the Petitioner Robert, will be a full Equivalent for that Part of the settled Estate proposed to be sold; and to settle the same to so many of the Uses of the said Articles as shall be then capable to take Effect:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Wright and Mr. Justice Burnett; with the usual Directions, according to the Standing Order.

Naughton against Reynolds et al.

The House was informed, "That Richard Brereton attended, in order to deliver in certain Papers and Proceedings, in the Cause wherein Laughlin Naughton Gentleman is Appellant, and Edwin Sandys Reynolds Esquire and others are Respondents."

Pleadings proved.

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

And then he was directed to withdraw

Sir J. Gordon against Blair.

After hearing Counsel, in Part, in the Cause wherein Sir John Gordon of Embo Baronet is Appellant, and James Blair Merchant in Edinburgh Respondent:

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

Pension Bill put off.

Ordered, That the Second Reading of the Bill, intituled, "An Act for making more effectual the Laws now in being, for disabling Persons from being chosen Members of, or sitting or voting in, the House of Commons, who have any Pension during Pleasure, or for any Number of Years, or any Office held in Trust for them," 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, vicesimum quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 25o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Hereford.
Epus. Carliol.
Epus. Glocestriens.
Epus. Meneven.
Epus. Norwic.
Ds. Hardwicke, Cancellarius.
Dux Beaufort.
Dux Portland.
Comes Northampton.
Comes Winchilsea.
Comes Thanet.
Comes Carlisle.
Comes Ailesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Coventry.
Comes Sutherland.
Comes Moray.
Comes Findlater.
Comes Breadalbane.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Stanhope.
Comes Graham.
Comes Fitzwalter.
Comes Wilmington.
Viscount Hereford.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Clifton.
Ds. Poulet.
Ds. Strange.
Ds. Ward.
Ds. Gower.
Ds. Somerville.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Ilchester.

PRAYERS.

Denham against Stewart, et è contra.

The Answer of Archibald Denham otherwise Stewart Esquire, to the Appeal of Alexander Baillie, by the Name of Alexander Denham Esquire, was brought in:

As was also, the Answer of Alexander Denham to the Appeal of Archibald Denham, alias Stewart.

Visc. Blundell's Bill.

The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the several Castles, Manors, Towns, Lands, and Hereditaments, of Mountague Lord Viscount Blundell, in the County of Downe, in the Kingdom of Ireland, in Trustees, for raising (after the Death of the said Viscount) the Sum of Ten Thousand Pounds, for the Portion of Mary Lady Raymond his Daughter, and for other 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 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.

Visc. Hereford's Bill, concerning Tithes in Leigh.

His Lordship likewise reported from the Lords Committees to whom the Bill, intituled, "An Act to establish and confirm Articles of Agreement, relating to the Tithes, and certain Glebe Lands, within the Parish of Leigh, in the County of Worcester," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Donovan against Shirreff.

Upon reading the Petition and Appeal of Jeremiah Donovan Esquire; complaining of a Decree, or Order, of the Court of Chancery in Ireland, of the 10th of June 1741, made in a Cause wherein the Appellant was Plaintiff, and Samuel Shirriff Defendant, et è contra; and praying, "That the same may be varied and enlarged; and that the Appellant may have such further and other Relief as to their Lordships in their great Wisdom shall seem meet:"

It is Ordered, That the said Samuel Shirriff may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the 29th Day of April next; and that Service of this Order upon his Agent be deemed good Service.

Motion to dispense with the Standing Order on Horne's Bill.

The House being moved, "That the Standing Order, in relation to Bills for selling Lands in one Place, and buying Lands in another, may be so far dispensed with, as that the Committee to whom the Bill for Sale of Two Closes of Meadow Ground, in West Harnham, in the County of Wilts, being the settled Estate of John Horne, stands committed, may proceed on the said Bill, notwithstanding no Agreement is yet made for the Purchase of other Lands, in which the Money that may arise from the said Sale is to be invested:"

It is Ordered, That this House will take into Consideration the said Motion To-morrow; and the Lords to be summoned.

Bromsgrove Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Roads leading from the Town of Bromsgrove to the Town of Dudley, in the County of Worcester, and from the said Town of Bromsgrove to the Town of Birmingham, in the County of Warwick," so far as the said Act relates to repairing the Roads leading from the Town of Dudley to the Town of Bromsgrove, in the County of Worcester; and for making the same more effectual."

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

D. Beaufort.
D. Portland.
E. Northampton.
E. Winchilsea.
E. Thanet.
E. Carlisle.
E. Shaftesbury.
E. Litchfield.
E. Findlater.
E. Ilay.
E. Oxford.
E. Stanhope.
E. Graham.
E. Wilmington.
Vis. Hereford.
L. Bp. Rochester.
L. Bp. Hereford.
L. Bp. Carlisle.
L. Bp. Glocester.
L. Bp. St. Davids.
L. Bp. Norwich.
L. Clinton.
L. Willoughby Par.
L. Hunsdon.
L. Clifton.
L. Poulet.
L. Strange.
L. Gower.
L. Somerville.
L. Mansel.
L. Foley.
L. Bathurst.
L. Monson.
L. Ilchester.

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

Wyndham et al to take the Name of O'Brien, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Percy Wyndham Esquire, and other the Devisees of Henry Earl of Thomond and Viscount Tadcaster, deceased, to take and use the Surname of Obrien, pursuant to the Will of the said Earl of Thomond and Viscount Tadcaster."

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 Time and Place; and to adjourn as they please.

Ld. Taaffe's Bill, for Sale of the E. of Carlingford's Estate:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting all the Manors, Towns, Lands, Chiefries, Fee-farm Rents, and other Hereditaments whatsoever, in the several Counties of Lowth, Meath, and Sligoe, and elsewhere, in the Kingdom of Ireland, late the Estate of Francis Earl of Carlingford, deceased, in Trustees, to be sold, for the Payment of his Debts, and for other Purposes."

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. Bennett and Mr. Thurston:

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

Sir J. Gordon against Blair; Judgement.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Sir John Gordon of Embo Baronet; complaining of an Interlocutor of the Lords of Session in Scotland, of the 19th of December 1734; and also of an Interlocutor of the same Lords, of the 7th of February next following, whereby they adhered to their former Interlocutor, made on the Behalf of James Blair Merchant in Edinburgh; and praying, "That the same might be reversed; and the Appellant have such Relief as to this House should seem meet:"

But no Answer having been put in by the said James Blair, though a peremptory Day was appointed for that Purpose:

The Solicitor General for Scotland attending, by their Lordships Order, to be heard in relation to the Matter of the said Appeal; he was heard accordingly.

And the First Counsel for the Appellant having replied;

And being withdrawn:

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

Denham against Stewart; et è contra.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Archibald Denham Esquire is Appellant, and Alexander Baillie Esquire Respondent, et è contra:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 7th Day of April next.

Adjourn.

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

DIE Veneris, 26o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Dunelm.
Epus. Lincoln.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Eliens.
Epus. Carliol.
Epus. Glocestriens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Ds. Hervey, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Devon.
Dux Marlborough.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Kingston.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Derby.
Comes Pembroke.
Comes Lincoln.
Comes North'ton.
Comes Warwick.
Comes Denbigh.
Comes Berks.
Comes Winchilsea.
Comes Chesterfield.
Comes Sandwich.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Carlisle.
Comes Ailesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Radnor.
Comes Rochford.
Comes Albemarle.
Comes Jersey.
Comes Cholmondeley.
Comes Moray.
Comes Home.
Comes Lauderdale.
Comes Loudoun.
Comes Findlater.
Comes Breadalbane.
Comes Dunmore.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes (fn. 1) Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Stanhope.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Hereford.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. North.
Ds. Hunsdon.
Ds. Clifton.
Ds. Brooke.
Ds. Poulet.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Craven.
Ds. Griffin.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Somerville.
Ds. Boyle.
Ds. Hay.
Ds. Mansel.
Ds. Masham.
Ds. Foley.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Lovel.
Ds. Raymond.
Ds. Talbot.
Ds. Ilchester.

PRAYERS.

Count Leslie against Leslie.

The Answer of Charles Cajetan Count Leslie, One of the Respondents to the Appeal of Leopoldus Count Leslie, his Eldest Son:

Also, the Answer of the said Charles Count Leslie, to the Appeal of Antonius Count Leslie, his Second Son:

Also, the Answer of Leopoldus Count Leslie, to the Appeal of the said Charles Count Leslie:

Also, the Answer of the said Leopoldus, to the Appeal of the said Antonius Count Leslie:

Also, the Answer of Antonius Count Leslie, to the Appeal of the said Charles Count Leslie:

Also, the Answer of the said Antonius, to the Appeal of the said Leopoldus:

Also, the Answer of Carolus Count Leslie, to the Appeal of the said Charles Count Leslie:

Also, the Answer of the said Carolus to the Appeal of the said Leopoldus:

And also, the Answer of the said Carolus, to the Appeal of the said Antonius;

Were brought in.

Bromsgrove Road Bill.

The Earl of Warwick 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 Thirteenth Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Roads leading from the Town of Bromsgrove to the Town of Dudley, in the County of Worcester, and from the said Town of Bromsgrove to the Town of Birmingham, in the County of Warwick," so far as the said Act relates to the repairing the Roads leading from the Town of Dudley to the Town of Bromsgrove, in the County of Worcester, and for making the same more effectual," 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."

Wendover to Buckingham Road, Bill.

The said Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for continuing and making more effectual an Act, made in the Seventh Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing the Road from Wendover to the Town of Buckingham, in the County of Bucks; and for building a Bridge at Padbury, and making it a County Bridge," was committed.

Morden to take the Name of Harbord, Bill.

His Lordship made the same Report from the Lords Committees to whom the Bill, intituled, "An Act for enabling William Morden Esquire, and his Heirs Male, to take and use the Surname and Arms of Harbord, pursuant to the Desire of Harbord Harbord Esquire," deceased, was committed.

Visc. Hereford's Bill, concerning Tythes in Leigh.

Hodie 3a vice lecta est Billa, intituled, "An Act to establish and confirm certain Articles of Agreement, relating to the Tithes and certain Glebe Lands, within the Parish of Leigh, in the County of Worcester."

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

It was Resolved in the Affirmative.

Visc. Blundell's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the several Castles, Manors, Towns, Lands, and Hereditaments, of Montague Lord Viscount Blundell, in the County of Downe, in the Kingdom of Ireland, in Trustees, for raising (after the Death of the said Viscount) the Sum of Ten Thousand Pounds, for the Portion of Mary Lady Raymond his Daughter; and for other Purposes therein mentioned."

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. Sawyer and Mr. Montague:

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

Odell et al. peremptoirly to answer Badham's Appeal.

The House was informed, "That Thomas Odell and his Guardian have not put in their Answer to the Appeal of Betteridge Badham Esquire, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by David Sheehan of Rockfield in the County of Cork Farmer, of the due Service of the said Order, being read:

Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal, in a Week.

Count Leslie against Leslies.

Upon reading the Petition of Charles Cajetan Count Leslie; setting forth, "That all the Respondents to the Appeals of the Petitioner and his Two Sons, except James Leslie of Pitcaple Esquire, have put in their Answers to the said Appeals; and that the peremptory Day appointed for the said James to answer is now past;" and praying, "In regard all the said Appeals relate to one Matter, that a Day for hearing the same may be appointed:"

It is Ordered, That this House will hear the said Causes, by Counsel, at the Bar, on Friday the 9th Day of April next.

Horne's Bill; the Standing Order dispensed with.

The Order of the Day being read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, in relation to Bills for selling Lands in one Place, and buying Lands in another, so far as that the Committee to whom the Bill, intituled, "An Act for the Sale of Two Closes of Meadow Ground, in West Harnham, in the County of Wilts, Part of the settled Estate of John Horne, to Henry Earl of Pembroke and his Heirs; and for laying out the Money arising by such Sale in the Purchase of other Lands, to be settled in Lieu thereof," stands committed, may proceed thereon, notwithstanding there is not yet any Agreement made for the Purchase of other Lands, as is directed to be done by the said Standing Order:

Ordered, That the same be so far dispensed with, as that the said Committee may proceed on the said Bill, if they shall think fit, at the Time appointed.

Pension Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for making more effectual the Laws now in being, for disabling Persons from being chosen Members of, or sitting or voting in, the House of Commons, who have any Pension during Pleasure, or for any Number of Years, or any Office held in Trust for them."

Proposed, "To commit the Bill."

Which being objected to:

After Debate;

The Question was put, "Whether the said Bill shall be committed?"

It was Resolved in the Negative.

Protest against not committing it.

"Dissentient.

"Sandwich.
Brooke.
Romney.
Clifton.
Foley.
Rockingham.
Beaufort.
Bridgewater.
Shaftesbury.
Oxford & Mortimer.
Hereford.
Ward.
Ailesbury.
Berkshire.
Litchfield."

Adjourn.

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

DIE Martis, 30o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Devon.
Dux Newcastle.
Dux Bridgewater.
Comes Derby.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Cardigan.
Comes Ailesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Holderness.
Comes Cholmondeley.
Comes Morton.
Comes Home.
Comes Loudoun.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Stanhope.
Comes Harborough.
Comes Waldegrave.
Comes Fitzwaiter.
Comes Wilmington.
Comes Malton.
Viscount Hereford.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount Falmouth.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Par.
Ds. North.
Ds. Hunsdon.
Ds. Clifton.
Ds. Brooke.
Ds. Poulet.
Ds. Strange.
Ds. Ward.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Haversham.
Ds. Conway.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Monson.
Ds. Ilchester.

PRAYERS.

Counts Leslie against Leslie.

The Answer of James Leslie of Pitcaple, to the Appeal of Charles Cajetan Count Leslie:

Also, the Answer of the said James Leslie, to the Appeal of Leopoldus Count Leslie:

And also, the Answer of the same James Leslie, to the Appeal of Antonius Count Leslie;

Were brought in:

E. of Sutherland against Anderson & al.

As were likewise, the several Answers of William Anderson of Linkwood Esquire, and Alexander Ross Commissary of Murray, Solicitor at London, to the Appeal of William Earl of Sutherland.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Earl of Sutherland is Appellant, and William Anderson and Alexander Ross are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 12th Day of April next.

Wendover to Buckingham Road, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing and making more effectual an Act made in the Seventh Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing the Road from Wendover, to the Town of Buckingham, in the County of Bucks; and for building a Bridge at Padbury, and making it a County Bridge."

The Question was put, "Whether the said Bill shall pass?"

It was Resolved in the Affirmative.

Bromsgrove Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Roads leading from the Town of Bromsgrove, to the Town of Dudley, in the County of Worcester, and from the said Town of Bromsgrove, to the Town of Birmingham, in the County of Warwick," so far as the said Act relates to repairing the Roads leading from the Town of Dudley, to the Town of Bromsgrove, in the County of Worcester; and for making the same more effectual."

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

It was Resolved in the Affirmative.

Morden to take the Name of Harbord, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling William Morden Esquire, and his Heirs Male, to take and use the Surname and Arms of Harbord, pursuant to the Desire of Harbord Harbord Esquire, deceased.

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 preceding Bills.

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

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

Northampton Road Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, One of the Eighth Year of the Reign of Her late Majesty Queen Anne, and the other of the Ninth Year of the Reign of His late Majesty King George the First, for repairing the Highways between the House commonly called The Horseshoe House, in the Parish of Stoke Goldington, in the County of Bucks, and the Town of Northampton; and the Road from the North Bridge of Newport Pagnell, in the County of Bucks, to The Horseshoe House," 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."

Wyndhams to take the Name of O'Brian, Bill.

His Lordship made the like Report from the Lords Committees to whom the Bill, intituled, "An Act to enable Percy Wyndham Esquire, and other the Devisees of Henry Earl of Thomond and Viscount Tadcaster, deceased, to take and use the Surname of O'Brien, pursuant to the Will of the said Earl of Thomond and Viscount Tadcaster," was committed.

E. Ailesbury's Privilege, concerning cutting down Trees near Holland House:

Complaint was made to the House, "That, some Time in January last, divers Timber and other Trees were cut down, near Holland House, at Kensington, in the Possession of the Right Honourable Charles Earl of Ailesbury, in Breach of his Lordship's Privilege, and the Privilege of this House."

And thereupon, Nicholas Bygrave, Richard Sydrick, and Daniel Sydrick, were called in, and sworn, in order to be examined in relation to the Matter of the said Complaint.

And the said Nicholas Bygrave acquainted the House, "That, in January last, as he was mowing near the said House, he was told, certain Persons were marking of Trees, in order to their being cut down; and that William Edwards Esquire was there; but did not hear him say any Thing; and that John Tutteridge, Joseph Bannister, John Morden, Thomas Turner, Isaac Cornby, William Capell, William Nicholas, and Francis Rigby, were concerned in selling the said Trees."

Then they were directed to withdraw.

Edwards & al. to attend:

Ordered, That the Matter of the said Complaint be referred to the Consideration of the Lords Committees for Privileges; to meet on Monday next; and that the said William Edwards, John Tutteridge a Carpenter, Joseph Bannister a Wheelwright, John Morden his Apprentice, Thomas Turner and Isaac Cornby Grubbers, William Capell, William Nicholas, and Francis Rigby, Workmen and Labourers, do attend the said Committee at that Time.

Brereton to enter into Recognizance for Donovan.

The House being moved, "That Richard Brereton Gentleman may be permitted to enter into a Recognizance for Jeremiah Donovan Esquire, on account of his Appeal depending in this House; he being in Ireland:"

It is Ordered, That the said Richard Brereton may enter into a Recognizance for the Appellant, as desired.

Beaufort & al. Leave for a Naturalization Bill:

Upon reading the Petition of Daniel Beaufort Clerk, and John Girardot de Chancourt; praying Leave to bring in a Bill, for their Naturalization:

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

Bill read.

Accordingly, the Earl of Warwick presented to the House, a Bill, intituled, "An Act for naturalizing Daniel Beaufort and John Girardot de Chancourt."

The said Bill was read the First Time.

And the Persons aforenamed were called in; and took the Oaths appointed, in order to their Naturalization.

Message from H. C. to return the Bill for exemplifying the E. of Anglesey's Will.

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

To return the Bill, intituled, "An Act for exemplifying the last Will of Arthur late Earl of Anglesey; and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Officers in the House of Commons, limiting, Bill.

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

With a Bill, intituled, "An Act for the better securing the Freedom of Parliaments, by limiting the Number of Officers in the House of Commons;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, secundum diem Aprilis jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Origin. Tankeville.