House of Lords Journal Volume 26
April 1742, 21-30

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History of Parliament Trust

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1767-1830

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103-110

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'House of Lords Journal Volume 26: April 1742, 21-30', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 103-110. URL: http://british-history.ac.uk/report.aspx?compid=114154 Date accessed: 21 April 2014. Add to my bookshelf


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April 1742, 21-30

DIE Martis, 27o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Hereford.
Epus. Cestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestriens.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol.
Epus. Landavens.
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Devon.
Dux Marlborough.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Lincoln.
Comes Northampton.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Cardigan.
Comes Carlisle.
Comes Ailesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Albemarle.
Comes Jersey.
Comes Grantham.
Comes Cholmondeley.
Comes Sutherland.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Comes Wilmington.
Comes Effingham.
Comes Malton.
Viscount Fauconberg.
Viscount Falmouth.
Ds. Carteret, Unus Primariorum Secretarioruni.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Clifton.
Ds. Brooke.
Ds. Poulet.
Ds. Strange.
Ds. Cornwallis.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Somerville.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Lovel.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgcumbe.

PRAYERS.

Chetwynd against Beckford.

The Answer of Thomas Beckford Esquire, to the Appeal of Walter Chetwynd Esquire, was brought in.

Ledbury, &c. Roads, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Seventh Year of the Reign of His late Majesty King George the First, for repairing the several Roads leading from the Town of Ledbury, in the County of Hereford, to the several Places therein mentioned; and for making the said Act more effectual."

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

Ld. Steward.
D. Beaufort.
D. Devon.
D. Portland.
D. Manchester.
D. Bridgewater.
M. Lothian.
E. Northampton.
E. Carlisle.
E. Shaftesbury.
E. Litchfield.
E. Cholmondeley.
E. Findlater.
E. Ilay.
E. Harborough.
E. Macclesfield.
E. Malton.
Viscount Fauconberg.
Viscount Falmouth.
Ld. Bp. Hereford.
L. Bp. Sarum.
L. Bp. St. Davids.
L. Bp. Norwich.
L. Bp. Bristol.
L. Bp. Landaff.
Ld. Carteret, Sec.
L. Delawarr.
L. Willoughby Par.
L. Brooke.
L. Cornwallis.
L. Haversham.
L. Somerville.
L. Masham.
L. Foley.
L. Bathurst.
L. Monson.
L. Lovell.
L. Fitzwilliam.
L. Edgcumbe.

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

L. James Cavendish's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable James Cavendish Esquire, commonly called Lord James Cavendish, to take, in Great Britain, the Oath of Office, as Auditor General of His Majesty's Revenues in the Kingdom of Ireland, and to qualify himself for the Enjoyment of the said Office."

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. Sawyer and Mr. Mountague:

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

Tuite's Water Engine, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting, for a certain Term therein mentioned, in John Tuite, his Executors, Administrators, and Assigns, the sole Property of a Water Engine, by him invented."

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

Cambridge Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Powers granted by Three several Acts of Parliament; One, for repairing the Road from Stump Cross to Newmarket Heath and the Town of Cambridge; another, for repairing the Road from Foulmire to Cambridge; and the Third, for explaining, amending, and rendering more effectual, the said Two former Acts; and for enlarging the Terms granted by the said Two former Acts."

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

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

Bentley's Charity, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for confirming a Conveyance from the surviving Trustees of the Charity established by the Will of John Bentley Esquire, deceased, of the undivided Sixth Part of Ficket's Field, in the County of Middlesex, to the surviving Assignees under the Commission of Bankruptey awarded against William Hammond, late of Change-Alley, London, Goldsmith and Banker, deceased," was committed, be revived; and meet on Thursday next.

Cirencester Road, Bill.

A Message was brought from the House of Commons, by Mr. Norbonne Berkeley 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 Cirencester Town's End to Saint John's Bridge, in the County of Gloucester;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ingoldsby against Napper & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Ingoldsby Esquire is Appellant, and James Lenox Napper and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

D Cumberland introduced:

His Royal Highness Prince William Augustus, being, by Letters Patent, dated 27o Die Julii, 12o Geo. 1mi, created Duke of Cumberland, Marquis of Berkhampstead in the County of Hertford, Earl of Kennington in the County of Surrey, Viscount of Trematon in the County of Cornwal, and Baron of the Isle of Alderney, was, in his Robes, introduced, between the Lord Steward and the Lord Chamberlain, also in their Robes; the Gentleman Usher of the Black Rod, Garter King at Arms, the Deputy Earl Marshal, and the Lord Great Chamberlain of England, preceding.

His Royal Highness, standing, presented his Patent to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Writ of Summons was also read, as follows:

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To Our Most Dear Son William Duke of Cumberland, Greeting Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present, at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice: And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Fifteenth Day of April, in the Fifteenth Year of Our Reign.

"Bisse."

Which done; his Royal Highness, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was then placed in the Chair on the Left Hand of the Chair of State on the Throne.

L. Fitzwilliam introduced:

Also, William Earl Fitzwilliam of the Kingdom of Ireland, being, by Letters Patent, dated the 19th of April, in the 15th Year of the Reign of His present Majesty, created Lord Fitzwilliam, and Baron of Milton in the County of Northampton, was, in his Robes, introduced, between the Lord Delawarr and the Lord Lovell, also in their Robes; the same Persons preceding as before.

His Lordship presented his Patent, on his Knee, to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Writ of Summons was also read, as follows:

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To Our Right Trusty and Wellbeloved William Fitzwilliam, of Milton, in Our County of Northampton, Chevalier, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and of the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present, at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice: And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Twentysixth Day of April, in the Fifteenth Year of Our Reign.

"Bisse."

Which done; his Lordship, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was then placed on the lower End of the Barons Bench.

L. Edgcumbe introduced:

Likewise, Richard Edgcumbe Esquire, being, by Letters Patent, dated the 20th of April, in the 15th Year of the Reign of His present Majesty, created Baron Edgcumbe of Mount Edgcumbe, in the County of Devon, was, in his Robes, introduced, between the same Lords, also in their Robes; and preceded as before.

His Lordship presented his Patent, on his Knee, to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Writ of Summons was also read, as follows:

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To Our Right Trusty and Wellbeloved Richard Edgcumbe of Mount Edgcumbe, in Our County of Devon, Chevalier, Greeting: Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and of the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present, at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice: And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Twentysixth Day of April, in the Fifteenth Year of Our Reign.

"Bisse."

Which done; his Lordship, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was then placed on the lowest End of the Barons Bench.

Adjourn.

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

DIE Mercurii, 28o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath & Wells.
Epus. Roffen.
Epus. Hereford.
Epus. Petriburg.
Epus. Sarum.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestriens.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Beaufort.
Dux Marlborough.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Northampton.
Comes Warwick.
Comes Sandwich.
Comes Anglesey.
Comes Carlisle.
Comes Ailesbury.
Comes Litchfield.
Comes Jersey.
Comes Cholmondeley.
Comes Sutherland.
Comes Morton.
Comes Home.
Comes Lauderdale.
Comes Loudoun.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Halifax.
Comes Stanhope.
Comes Harborough.
Comes Graham.
Comes Waldegrave.
Comes Wilmington.
Comes Effingham.
Viscount Fauconberg.
Viscount St. John.
Viscount Falmouth.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Clifton.
Ds. Brooke.
Ds. Poulet.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Gower.
Ds. Somerville.
Ds. Boyle.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.

PRAYERS.

Chetwynd against Chetwynd.

The Answers of William Chetwynd Esquire and William Henry Chetwynd an Infant, to the Appeal of Walter Chetwynd Esquire, were brought in.

Visc. St. John introduced:

John Lord Viscount Saint John, claiming by virtue of a special Limitation contained in a Patent granted to his late Father Henry Lord Viscount Saint John, by His late Majesty King George the First, was this Day, in his Robes, introduced, between the Lord Viscount Falmouth and the Lord Viscount Torrington, also in their Robes; the Gentleman Usher of the Black Rod, Garter King at Arms, the Deputy Earl Marshal, and the Lord Great Chamberlain of England, preceding.

His Lordship presented his Patent, on his Knee, to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Writ of Summons was also read, as follows:

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To Our Right Trusty and Wellbeloved Cousin John Viscount St. John, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present, at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice: And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Thirteenth Day of April, in the Fifteenth Year of Our Reign.

"Bisse."

Then his Lordship came to the Table, and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was then seated in his due Place.

Cirencester 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 Cirencester Town's End to St. John's Bridge, in the County of Gloucester."

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

L. Steward.
D. Beaufort.
D. Montagu.
D. Newcastle.
D. Manchester.
D. Bridgewater.
M. Lothian.
E. Northampton.
E. Warwick.
E. Sandwich.
E. Carlisle.
E. Litchfield.
E. Loudoun.
E. Findlater.
E. Ilay.
E. Stanhope.
E. Harborough.
Viscount Fauconberg.
Viscount Falmouth.
Ld. Bp. Bath & Wells.
L. Bp. Rochester.
L. Bp. Hereford.
L. Bp. Sarum.
L. Bp. St. Davids.
L. Bp. Chichester.
L. Bp. Landaff.
Ld. Carteret, Sec.
L. Willoughby Par.
L. Hunsdon.
L. Clifton.
L. Brooke.
L. Poulet.
L. Strange.
L. Ward.
L. Cornwallis.
L. Gower.
L. Somerville.
L. Mansel.
L. Foley.
L. Bathurst.
L. Monson.
L. Raymond.
L. Fitzwilliam.

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

Walcot, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Walcot Esquire, for himself and on Behalf of his Two Infant Sons; 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 vesting Part of the Marriage Portion of Mary late Wife of John Walcot Esquire, and also Part of his settled Estate, in Trustees, for raising Money, to pay Debts; and for securing an Equivalent for the same, for the Benefit of his Heir Male."

Count Leslie and his Sons against Leslie.

After hearing Counsel, in Part, upon the Appeals of Charles Cajetan Count Leslie and his Sons, to which James Leslie of Pitcaple is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Counsel be called in at Twelve o'Clock precisely.

Adjourn.

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

DIE Jovis, 29o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Hereford.
Epus. Sarum.
Epus. Meneven.
Epus. Carliol.
Epus. Norwic.
Epus. Bangor.
Epus. Cicestriens.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
March. Lothian.
Comes Lincoln.
Comes Northampton.
Comes Westmorland.
Comes Winchilsea.
Comes Thanet.
Comes Sandwich.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Jersey.
Comes Sutherland.
Comes Morton.
Comes Home.
Comes Lauderdale.
Comes Loudoun.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Stanhope.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Viscount Hereford.
Viscount St. John.
Viscount Falmouth.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Clifton.
Ds. Poulet.
Ds. Strange.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Gower.
Ds. Conway.
Ds. Somerville.
Ds. Boyle.
Ds. Foley.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.

PRAYERS.

Donovan against Sherriff, & è contra.

The Answer of Samuel Sherriff Gentleman, to the Appeal of Jeremiah Donovan Esquire;

Also, the Answer of the said Jeremiah Donovan, to the Appeal of the said Sherriff;

Were brought in:

Badham against Odell & al.

As was also, the Answer of Thomas Odell Esquire and his Guardian, to the Appeal of Bettridge Badham Esquire.

Walcot's Bill;

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the Marriage Portion of Mary late Wife of John Walcot Esquire, and also Part of his settled Estate, in Trustees, for raising Money, to pay Debts; and for securing an Equivalent for the same, for the Benefit of his Heir Male."

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

D. Beaufort.
D. Portland.
D. Manchester.
D. Bridgewater.
M. Lothian.
E. Northampton.
E. Winchilsea.
E. Sandwich.
E. Shaftesbury.
E. Litchfield.
E. Sutherland.
E. Loudoun.
E. Findlater.
E. Ilay.
E. Stanhope.
E. Harborough.
E. Malton.
Viscount Hereford.
Viscount Falmouth.
Ld. Bp. Hereford.
L. Bp. Sarum.
L. Bp. Norwich.
L. Bp. Chichester.
L. Bp. Landaff.
L. Carteret, Sec.
L. Willoughby Par.
L. Clifton.
L. Poulet.
L. Ward.
L. Gower.
L. Conway.
L. Somerville.
L. Foley.
L. Romney.
L. Raymond.
L. Ilchester.
L. Fitzwilliam.

Their Lordships, or any Five of them; to meet on Friday the 14th Day of May next, at the usual Time and Place; and to adjourn as they please.

Motion to dispense with Standing Order.

The House being moved, "That the Standing Order relating to the Time of Commitment of Private Bills may be so far dispensed with, as that the Committee on the aforesaid Bill may meet on a sooner Day, in regard the Session of Parliament is far advanced:"

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

Knightley's Bill.

The Earl of Sandwich reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of certain Estates of Valentine Knightley Esquire, in the County of Northampton; and for settling another Estate, in the same County, to the same Uses, in Lieu thereof," 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.

Buck's Bill.

The Duke of Beaufort made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for confirming certain Estates, in the County of Hertford, heretofore mortgaged by Sir Charles Buck Baronet, deceased, to the Trustees of Fulke Greville Esquire, during his Minority, to him and his said Trustees, discharged from the Equity of Redemption which the Infant Son and Heir of the said Sir Charles Buck now hath therein, and in full Satisfaction for Principal and Interest due thereon, and for other Purposes therein mentioned," was committed.

And the like Order was made.

Bentley's Charity, Bill.

The Earl of Findlater made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for confirming a Conveyance from the surviving Trustees of the Charity established by the Will of John Bentley Esquire, deceased, of the undivided Sixth Part of Ficketts Field, in the County of Middlesex, to the surviving Assignees under the Commission of Bankruptey awarded against William Hammond, late of Change-Alley, London, Goldsmith and Banker, deceased," was committed.

And the same Order was made.

Harvey's Bill.

The same Earl reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the settled Estate of Michael Harvey Esquire, in the County of Leicester, in Trustees, to be sold; and for applying the Money arising by such Sale for discharging the Encumbrances affecting his Estate in the County of Surrey; and for settling that Estate in Lieu of the Leicestershire Estate, and to the same Uses," 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.

Ledbury, &c. Roads, Bill.

The Earl of Oxford 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 Seventh Year of the Reign of His late Majesty King George the First, for repairing the several Roads leading from the Town of Ledbury, in the County of Hereford, to the several Places therein mentioned, and for making the said Act 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."

Sir R. Warw. Bamfylde's Petition referred to Judges.

Upon reading the Petition of Sir Richard Warwick Bampfylde, of Poltimore, in the County of Devon, Baronet, a Minor of about the Age of Twenty Years; praying Leave to bring in a Bill, to enable him to make such Settlement, on his Inter-marriage with Jane only Daughter of John Codrington, of Wraxhall, in the County of Somerset, Esquire, as shall be thought proper:

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

Sherriff against Dorovan; & è contra.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Samuel Sherriff Gentleman is Appellant, and Jeremiah Donovan Esquire Respondent; & è contra:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Count Leslie against Leslie:

After hearing Counsel, as well Yesterday as this Day, upon the Appeal of Charles Cajetan Count Leslie; complaining of an Interlocutor of the Lords of Session in Scotland, of the 20th of February 1740/1; and also upon the several Appeals of Leopoldus Count Leslie, Eldest Son of the said Charles Cajetan Count Leslie, and of Antonius Count Leslie his Second Son; complaining of the said Interlocutor of the 20th of February 1740/1; and also of a subsequent Interlocutor of the 27th of the same Month, whereby the said Lords of Session adhered to their said former Interlocutor; and praying, respectively, "That the same might be reversed; and that the Appellants might have such Relief as to this House in their great Wisdom should seem meet:" As also upon the respective Answers put in to the said Appeals; and due Consideration had of what was offered upon the said Appeals and Answers:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Appeals of Charles Cajetan Count Leslie and Leopoldus Count Leslie be, and the same are hereby, dismissed: And upon the said Appeal of Antonius Count Leslie, it is Ordered and Adjudged, That the said Interlocutor of the 27th of February 1740/1 be, and the same is hereby, reversed; and that, at the latter End of the Recital in the said Interlocutor of the 20th of February 1740/1, after the Words ["from the said"], the following Words ["Heir Male who shall succeed to both Estates, and his Heirs Male"] be left out, and these Words ["Heirs Male who shall succeed to both the said Estates, and his Heir Male"] be inserted instead thereof; and that, after the Words ["that he and"], the following Words ["the Heirs Male of his Body"] be left out, and these Words ["his Eldest Son, as his Heir Male"] be inserted instead thereof: And it is further Ordered and Adjudged, That so much of the said Interlocutor of the 20th of February 1740/1, whereby the Lords of Session found, That Charles Count Leslie, and the Heirs Male of his Body, being thus excluded from the Estate of Balquhain, in the Event that hath happened of his succeeding to both Estates, the Respondent James Leslie of Pitcaple is the next Heir of Talzie to whom the Estate of Balquhain now devolves; and that Charles Count Leslie is obliged to denude in his Favours; and that Leopoldus and Antonius Leslies being, by the Substitution in the Entail, called to the Succession in their Order only, as Heirs Male of the Body of the said Count Charles, they are, in like Manner, as Heirs Male of his Body, excluded from the Succession to the Estate of Balquhain, in the Event that hath now happened, of their Father's succeeding to both Estates; and that therefore Count Charles, their Father, cannot denude in their Favours, but ought to denude in Favours of the said James Leslie the next Heir; and therefore they decerned the said Charles Count Leslie to denude himself of the Estate of Balquhain, in Favours of the said James Leslie of Pitcaple; and declared the same redeemable, by the said James Leslie of Pitcaple, from the said Charles Count Leslie and the Heirs Male of his Body, for Payment of the Sum of Ten Merks Scots Money, in Terms of the said Entail;" be, and the same is hereby, reversed: And it is hereby Declared, That the Appellant Antonius Count Leslie, Second Son of the said Charles Cajetan Count Leslie, is the next Heir of Talzie to whom the said Estate of Balquhain, in the Event which hath happened; devolves, according to the true Intent and Meaning of the Deed of Entail in the said Appeals mentioned: And it is therefore further Ordered and Adjudged, That the said Charles Cajetan Count Leslie do denude himself of the Estate of Balquhain, in Favours of the said Antonius Count Leslie: And it is hereby Declared, That the same be redeemable, by the said Count Antonius, from the said Charles Cajetan Count Leslie and his Eldest Son, as his Heir Male, for Payment of the Sum of Ten Merks Scots Money, in Terms of the said Entail: And it is further Ordered, That the Residue of the said Interlocutor of the 20th of February 1740/1, not before reversed or varied, be, and the same is hereby, affirmed; and that the said Lords of Session do give the necessary Directions for carrying this Judgement into Execution.

Governor of the York Buildings Company peremptorily to answer.

The House was informed, "That the Governor of the York Buildings Company had not put in his Answer to the Appeal of Thomas Duke of Norfolk and others, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit, of George Ross of Jermyn Street Gentleman, of the due Service of the said Order on Thomas Pembroke Esquire, Governor of the said Company, being read:

Ordered, That the said Governor do peremptorily put in his Answer to the said Appeal in a Week.

Adjourn.

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

DIE Veneris, 30o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Roffen.
Epus. Hereford.
Epus. Cestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Dux Richmond.
Dux Leeds.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Thanet.
Comes Sandwich.
Comes Aylesbury.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Rochford.
Comes Cholmondeley.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Aylesford.
Comes Halifax.
Comes Stanhope.
Comes Harborough.
Viscount Hereford.
Viscount St. John.
Viscount Falmouth.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Berkeley.
Ds. Gower.
Ds. Somerville.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Edgcumbe.
Ds. Fitzwilliam.

PRAYERS.

Cirencester Road, Bill.

The Lord Bathurst 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 Cirencester Town's End to St. John's Bridge, in the County of Gloucester," 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."

Harvey's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of Michael Hervey Esquire, in the County of Leicester, in Trustees, to be sold; and for applying the Money arising by such Sale for discharging the Encumbrances affecting his Estate in the County of Surrey; and for settling that Estate in Lieu of the Leicestershire Estate, and to the same Uses."

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

It was Resolved in the Affirmative.

Bentley's Charity, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming a Conveyance from the surviving Trustees of the Charity established by the Will of John Bentley Esquire, deceased, of the undivided Sixth Part of Ficketts Field, in the County of Middlesex, to the surviving Assignees under the Commission of Bankruptcy awarded against William Hammond, late of Change-Alley, London, Goldsmith and Banker, deceased."

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

It was Resolved in the Affirmative.

Buck's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming certain Estates, in the County of Hertford, heretofore mortgaged by Sir Charles Buck Baronet, deceased, to the Trustees of Fulke Greville Esquire, during his Minority, to him and his said Trustees, discharged from the Equity of Redemption which the Infant Son and Heir of the said Sir Charles Buck now hath therein, and in full Satisfaction for Principal and Interest due thereon; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Knightley's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of certain Estates of Valentine Knightley Esquire, in the County of Northampton; and for settling another Estate, in the same County, to the same Uses, in Lieu thereof."

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

It was Resolved in the Affirmative.

Messages to H. C. with the Four 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.

Sir J. Brooke's Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act to prevent Sir Job Brooke Baronet, a Lunatick, from aliening or encumbering his Estate, or marrying during his Lunacy," 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.

Walcot's Bill: Committee shortened.

The Order of the Day being read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, relating to the Time of Commitment of Private Bills, so far as that the Committee to whom the Bill, intituled, "An Act for vesting Part of the Marriage Portion of Mary late Wife of John Walcot Esquire, and also Part of his settled Estate, in Trustees, for raising Money, to pay Debts; and for securing an Equivalent for the same, for the Benefit of his Heir Male," stands committed, may meet on a sooner Day than was at first appointed:

And Consideration having been had thereof accordingly:

Ordered, That the said Standing Order be so far dispensed with, in this Case, as that the said Committee may meet, to consider of the said Bill, on Monday next.

Maxwell peremptorily to answer Edgar's Appeal.

The House was informed, "That James Maxwell hath not put in his Answer to the Appeal of Theodore Edgar, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Alexander Gray Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said James Maxwel do peremptorily put in his Answer to the said Appeal in a Week.

Anderson against Lauder.

After hearing Counsel, in Part, upon the Petition and Appeal of George Anderson Merchant, to which Charles Lauder Writer in Edinburgh is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next; and the other Causes removed on Cause-days in Course.

Roll of Standing Orders, Reading put off.

Ordered, That the Reading of the Roll of Standing Orders, which was appointed for Monday next, be put off to the next Day; and the Lords to be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, tertium diem Maii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.