House of Lords Journal Volume 26
February 1744, 21-29

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History of Parliament Trust

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Year published

1767-1830

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316-331

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'House of Lords Journal Volume 26: February 1744, 21-29', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 316-331. URL: http://british-history.ac.uk/report.aspx?compid=114189 Date accessed: 27 November 2014.


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February 1744, 21-29

DIE Martis, 21o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. Roffens.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Exon.
Epus. Oxon.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Beaufort.
Dux Leeds.
Dux Argyll.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Chesterfield.
Comes Sandwich.
Comes Aylesbury.
Comes Litchfield.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Morton.
Comes Home.
Comes Oxford.
Comes Strafford.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Comes Malton.
Comes Offord.
Comes Bath.
Viscount Lonsdale.
Viscount St. John.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Gower.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Shipton Common Fields, enclosing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Common Fields, in the Hamlet of Shipton, in the Parish of Winslow, in the County of Bucks."

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

Ld. Privy Seal.
D. Beaufort.
D. Leeds.
D. Argyll.
D. Bridgewater.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Litchfield.
E. Jersey.
E. Poulet.
E. Oxford.
E. Harborough.
E. Graham.
E. Kerr.
E. Offord.
E. Bath.
Vis. Lonsdale.
Vis. St. John.
L. Bp. Rochester.
L. B. Hereford.
L. B. Exeter.
L. B. Oxford.
L. B. Landaff.
L. B. Bangor.
L. Carteret, Sec.
L. Willoughby Par.
L. Clifton.
L. Maynard.
L. Strange.
L. Cornwallis.
L. Somerville.
L. Foley.
L. Bathurst.
L. Romney.
L. Walpole.
L. Ilchester.
L. Fitzwilliam.
L. Edgecumbe.
L. Sandys.

Their Lordships, or any Five of them; to meet on Wednesday the 7th Day of March next, at the usual Time and Place; and to adjourn as they please.

New Malton Butter, packing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to prevent the committing Abuses in the weighing and packing of Butter, in the Town and Borough of New Malton, in the County of York."

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

Affidavits, taking in the Dutchy Courts of Lancaster, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for taking and swearing Affidavits to be made Use of in any of the Courts of the County Palatine of Lancaster."

After some Time, the House was resumed.

And the Lord Edgecumbe 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."

Savage against Echlin & al.

After hearing Counsel in Part, upon the Petition and Appeal of Andrew Savage Esquire and his Eldest Son, to which Godfrey Echlin and others are Respondents:

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

Adjourn.

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

DIE Mercurii, 22o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Hereford.
Epus. Litch. & Cov.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Cholmondeley, C. P. S.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Argyll.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Sandwich.
Comes Morton.
Comes Moray.
Comes Oxford.
Comes Strafford.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Comes Bath.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Harcourt.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Strange.
Ds. Cornwallis.
Ds. Stawell.
Ds. Gower.
Ds. Conway.
Ds. Somerville.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Message from H. C. with Fund for Widows and Children of Ministers in Scotland, Bill;

A Message was brought from the House of Commons, by Mr. Cragie His Majesty's Advocate for Scotland:

With a Bill, intituled, "An Act for raising and establishing a Fund, for a Provision for the Widows and Children of the Ministers of the Church of Scotland, and of the Heads, Principals, and Masters, of the Universities of St. Andrews, Glasgow, and Edinburgh; to which they desire the Concurrence of this House.

Schutz's Bill;

A Message was brought from the House of Commons, by Sir George Oxenden and others:

With a Bill, intituled, "An Act to enable His Majesty to grant the Inheritance of Part of the Forest of Shotover and Stowood, in the County of Oxford, to Trustees, in Trust, for Augustus Schutz Esquire and his Heirs, upon a full and valuable Consideration to be paid for the same;" to which they desire the Concurrence of this House.

Caswall, to take the Name of Whitehall, Bill;

A Message was brought from the House of Commons, by Sir Humphrey Howarth and others:

With a Bill, intituled, "An Act to enable John Caswall Gentleman, now called Giles Whitehall, to take and use the Christian and Surname of Giles Whitehall; and also to enable his First and other Sons, and their Heirs Male, to take and use the Surname of Whitehall, in Pursuance of the Will of Giles Whitehall, deceased;" to which they desire the Concurrence of this House.

South Mims Road, repairing, Bill;

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

With a Bill, intituled, "An Act for continuing and enlarging the Term and Powers granted by an Act passed in the Third Year of the Reign of His present Majesty, for repairing the Road leading from Galley Corner, adjoining to Enfield Chace, in the Parish of South Mims, in the County of Middlesex, to Lemsford Mill, in the County of Hertford;" to which they desire the Concurrence of this House.

Templeman & al. Nat. Bill:

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

To return the Bill, intituled, "An Act for naturalizing Andrew Templeman and John Darlon, of London, Merchants;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Two Bills read.

The Bill relating to the Widows and Children of the Ministers of the Church of Scotland, and that for changing the Name of John Caswall to Giles Whitehall, were both read the First Time.

Savage & al. against Echlin & al:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Andrew Savage of Portaferry in the Kingdom of Ireland Esquire, and of Patrick Savage his Eldest Son, a Minor, by the said Andrew Savage his Father and next Friend; complaining of a Decree of the Court of Exchequer in Ireland, of the 18th of February 1742, made in certain Causes, wherein Godfrey Echlin and others were Plaintiffs, and the Appellants and others Defendants, et è contra; and praying, "That the said Decree might be reversed, and the Compositions and Agreements mentioned in the said Appeal established, and the Original Bill dismissed with Costs; and the Appellants otherwise relieved in such Manner as to this House should seem meet:" As also upon the Answer of the said Godfrey Echlin, and John Magill and Margaret his Wife, and John Trotter, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of, be, and the same is hereby, affirmed: And it is further Ordered, That the said Appellants do pay, or cause to be paid, to the said Respondents, the Sum of Sixty Pounds of lawful Money of Great Britain, for their Costs in respect of the said Appeal.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 23o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffen.
Epus. Hereford.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath. & Wells.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Cholmondeley, C. P. S.
Dux Leeds.
Dux Marlborough.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Northampton.
Comes Winchilsea.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Aylesbury.
Comes Litchfield.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Comes Offord.
Comes Bath.
Comes Portsmouth.
Viscount Townshend.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Harcourt.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Gower.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Chappel on the Heath, Road Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Fourth Year of the Reign of His present Majesty, for repairing the Road leading from Chappel on the Heath, in the County of Oxon, to the Quarry above Bourton on the Hill, in the County of Gloucester;" to which they desire the Concurrence of this House.

Harlow Bush Road, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road leading from a Place called Harlow Bush Common, in the Parish of Harlow, in the County of Essex, to Stump Cross, in the Parish of Great Chesterford, in the said County;" to which they desire the Concurrence of this House.

Old Stratford Road, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Third Year of the Reign of His present Majesty, intituled, "An Act for repairing the Roads leading from a Gate called Shipston Toll Gate, to Bridge Town, in the Parish of Old Stratford, in the County of Warwick, through Alderminster and Shipston upon Stower, to the Top of Long Compton Hill, in the said County;" and to make the same more effectual;" to which they desire the Concurrence of this House.

The said Bills were all read the First Time.

Fund for Widows and Children of Ministers in Scotland, Bill:

Hodie 2a vice lecta est Billa, "intituled, An Act for raising and establishing a Fund for a Provision for the Widows and Children of the Ministers of the Church of Scotland, and of the Heads, Principals, and Masters, of the Universities of St. Andrews, Glasgow, and Edinburgh."

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

Ld. Privy Seal.
D. Leeds.
D. Argyll.
D. Portland.
D. Manchester.
D. Bridgewater.
M. Tweeddale.
E. Lincoln.
E. Northampton.
E. Sandwich.
E. Carlisle.
E. Aylesbury.
E. Litchfield.
E. Morton.
E. Moray.
E. Home.
E. Loudoun.
E. Graham.
E. Portsmouth.
V. Townshend.
V. Falmouth.
L. Abp. York.
L. Bp. Rochester.
L. B. Exeter.
L. B. Worcester.
L. B. Norwich.
L. B. Bath & Wells.
L. B. Bangor.
Ld. Carteret, Sec.
L. Delawarr.
L. Willoughby Par.
L. Maynard.
L. Strange.
L. Ward.
L. Berkeley.
L. Cornwallis.
L. Gower.
L. Foley.
L. Bathurst.
L. Monson.
L. Fitzwilliam.
L. Sandys.

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

The King's Consent to it signified.

The Marquis of Tweeddale acquainted the House, That His Majesty had been apprized of the Contents of the said Bill; and was pleased to consent thereunto, so far as the Interest of the Crown was concerned."

Martin against Strachan & al. Writ of Error.

Counsel were called in, to be heard, to argue the Errors assigned upon a Writ of Error wherein John Martin, on the Demise of Thomas Tregonwell Esquire, is Plaintiff, and John Strachan the Younger Esquire and Luke Harrison are Defendants.

And the Counsel for the Plaintiff in Error having been fully heard:

They were all directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till To-morrow; and that the Cause upon a Writ of Error, wherein John Leybourn Whitham is Plaintiff, and George Lewis Defendant, which stands then to be heard, be put off to the First Day for Causes after the Recess at Easter; and that the Judges do then attend this House.

Fincham Vicarage and Rectory uniting, Leave for a Bill.

Upon reading the Petition of Joseph Forby Clerk, Rector of the Rectory and Parish Church of Fincham St. Michael's, and Vicar of the Vicarage and Parish Church of Fincham St. Martin's, in the County of Norfolk, and Diocese of Norwich; praying Leave to bring in a Bill, for perpetually uniting and consolidating the said Parishes and Parish Churches, in the Manner therein mentioned:

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

Bill read.

Then the Lord Bishop of Norwich, pursuant thereunto, presented to the House a Bill, intituled, "An Act for uniting the Vicarage of Fincham St. Martin's and Rectory of Fincham St. Michael's, in the County of Norfolk; and for settling the Right of Presentation to the same."

The said Bill was read the First Time.

Schutz's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable His Majesty to grant the Inheritance of Part of the Forest of Shotover and Stowood, in the County of Oxford, to Trustees, in Trust, for Augustus Schutz Esquire and his Heirs, upon a full and valuable Consideration to be paid for the same."

Sir R. Sutton & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Robert Sutton Knight of the Bath, 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 vesting the settled Estate of Sir Robert Sutton, in the County of Nottingham, in Trustees, to be sold, for discharging several Mortgages and Encumbrances; and for laying out the Surplus of the Money arising by such Sale in the Purchase of other Lands, to be settled, together with his Estate in the County of Lincoln, to the Uses therein mentioned."

Adjourn.

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

DIE Veneris, 24o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. Roffen.
Epus. Hereford.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bangor.
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Leeds.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Chesterfield.
Comes Cardigan.
Comes Carlisle.
Comes Aylesbury.
Comes Litchfield.
Comes Berkeley.
Comes Holdernesse.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Offord.
Comes Bath.
Comes Portsmouth.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. Maynard.
Ds. Strange.
Ds. Cornwallis.
Ds. Gower.
Ds. Conway.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Talbot.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Leigh against Leigh.

The Answer of (fn. 1) Francis Leigh, One of the Respondents to the Appeal of Francis Leigh Esquire, was brought in.

Fund for Widows and Children of Ministers in Scotland, Bill:

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for raising and establishing a Fund, for a Provision for the Widows and Children of the Ministers of the Church of Scotland, and of the Heads, Principals, and Masters, of the Universities of St. Andrews, Glasgow, and Edinburgh," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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."

New Malton Butter, packing, Bill.

The Lord Willoughby of Parham made the like Report from the Committee to whom the Bill, intituled, "An Act to prevent the committing of Abuses in the weighing and packing of Butter, in the Town and Borough of New Malton, in the County of York," was committed.

Martin against Strachan & al. Writ of Error.

Counsel were called in, to be heard further, in the Cause upon a Writ of Error wherein John Martin, on the Demise of Thomas Tregonwell Esquire, is Plaintiff, and John Strachan the Younger Esquire and Luke Harrison are Defendants.

And the First Counsel for the Defendants in Error having been heard in Part:

The Counsel were directed to withdraw.

Letters from France, &c. concerning an intended Invasion by the Pretender.

The Duke of Newcastle (by His Majesty's Command) laid before the House,

His Grace's Letter to Mr. Thompson, His Majesty's Minister at the Court of France, dated February 3d, 1743/4; Extracts of Mr. Thompson's Letters in Answer thereunto; and the Information, upon Oath, of Captain Alexander Ridley, Master of One of His Majesty's Packet Boats at Dover, February 24th, 1743/4.

Which Letter, Extracts, and Information, were read, as follow:

"Whitehall, February 3d, 1743/4.

"Sir,

"His Majesty having received Advice, that the Pretender's Eldest Son set out from Rome on the 27th or 28th of December, O. S. for France, and that he actually arrived at Antibes on the 17th past; it is His Majesty's Pleasure, that you should immediately go to Monsieur Amelot, and let him know, that His Majesty, considering the Engagements His Most Christian Majesty is under, by Treaties, with regard to the Pretender and his Descendants, had commanded you to acquaint him with the Informations the King had received; and that His Majesty did not doubt, but that, if those Accounts are founded, His Most Christian Majesty would, pursuant to the Treaties, give effectual Orders that the said Person may be obliged forthwith to quit the French King's Dominions, if he should be still there; and that he may not be countenanced or protected by any of His Most Christian Majesty's Officers or Subjects.

"You will transmit to me the Answer that Monsieur Amelot shall give you from His Most Christian Majesty, that I may acquaint the King with it.

"I am, &c.

"Holles Newcastle."

"Extract of a Letter from Mr. Thompson, to the Duke of Newcastle, Paris, February 7/18th, 1743/4;.

"I received, this Morning, the Honour of your Grace's Dispatch of the 3d Instant, O. S. by Hammond the Messenger, just as I was going to Monsieur Amelot's, so that no Time was lost in executing the Commands your Grace was pleased to send me from His Majesty. I had very little Talk with Monsieur Amelot upon this Subject; I told him, "That the News, which had been public here for this Week past, had likewise reached London; where I heard that People were greatly scandalized at it: That I had now Orders from the King to tell him (Monsieur Amelot) what His Majesty had heard of this Matter; and to represent to him, that, considering the Engagements His Most Christian Majesty was under to the King, with respect to the Pretender and his Descendants, by virtue of the most solemn Treaties, His Majesty did not doubt, but, upon the Representation I was now ordered to make, this Person would not only be obliged to retire out of France, if he was actually in it; but that His Most Christian Majesty would also fulfil in all respects the Engagements He was under to the King, on account of the Pretender, his Descendants and Adherents." In a Word, I told him, "That, not to go beyond or fall short of what I was directed to say to him, nor to make a Mistake of any Kind, I would, if he pleased, read to him your Grace's Letter to me;" which he desired I would. When I had done, Monsieur Amelot told me, "Now that I spoke to him by Order, he must likewise receive the French King's Commands." He promised, he would speak to the King the very First Opportunity, and would acquaint me immediately with His Most Christian Majesty's Pleasure."

"Extract of a Letter from Mr. Thompson, to the Duke of Newcastle, Paris, February 14/25th, 1743/4.

"In my Letter of this Day Sevennight, I had the Honour to acquaint your Grace with what Monsieur Amelot had said to me, upon my communicating to him the Orders I had received to speak to him about the Arrival of the Pretender's Son in France; videlicet, "That he would give no Answer till he had seen the King." I heard nothing more of him from that Time till this Morning that I went to Versailles, where Monsieur Amelot, by Order of His Most Christian Majesty, was pleased to make me a Kind of Declaration to the following Effect: "That Engagements entered into by Treaties are not binding any farther than those Treaties are religiously observed by the contracting Parties on all Sides; that, when the King of England shall have caused Satisfaction to be given, upon the repeated Complaints that have been made to him of the Infractions of those very Treaties of which He now demands the Performance, which Violations were committed by His Orders, His Most Christian Majesty will then explain Himself upon the Demand now made by Mr. Thompson in the Name of His Britannick Majesty." The Words, as I wrote them down in Monsieur Amelot's Presence, and from his own Mouth, are: "Les Engagemens portés par les Traités n'obligent, qu'autant qu'ils font religieusement observés de Part et d'autre. Quand le Roy d'Angleterre aura fait Raison des Plaintes, qui luy ont êté portées à plusieurs Reprises, au Sujet des Contraventions commises par ses Ordres, contre les mêmes Traités qu'il reclame, sa Majesté très Chrêtienne donnera pour lors des Eclaircissemens sur la Demande faite par Monsieur Thompson de la Part du Roy de la Grande Bretagne."

"Monsieur Amelot made some little Difficulty at first to let me take this down in Writing; because the Demand, he said, had been made only verbally. To which I replied, "It was true; neither did I ask him to give me any Thing in Writing; but, as this seemed to be of great Consequence, I desired Leave to write it down, to help my Memory."

"The Information, upon Oath, of Captain Alexander Ridley, Master of One of His Majesty's Packet Boats at Dover, February 24th, 174¾.

"Who faith, "That he failed from Dover on Tuesday the 14th Instant, and arrived the same Day at Calais. Upon his Arrival there, he was ordered to hawl his Vessel into a Place called Paradise, where seized and condemned Vessels usually lie: That several English Merchant Ships were the same Day ordered into the same Place: That, on Friday the 17th, the English Mail from Paris arrived at Calais; upon which, this Informant applied to the Post-master of Calais, to know whether he might proceed with it to England: Who told him, "He would ask the Governor;" and soon after acquainted him, he must not go to England. That, on the same Day, Hammond the Messenger arrived from Paris, with Dispatches from Mr. Thompson, and went to the Governor, to know whether he might proceed to England; which he was not permitted to do. That, on Saturday the 18th, the said Messenger delivered, in a private Manner, to this Informant, Mr. Thompson's Dispatches; which he immediately concealed in a very private Place on Board his Vessel. That, on Monday or Tuesday last, another English Mail arrived at Calais; upon which, the Post-master came to this Informant, and asked him, "Whether he would fail with the Mails for England?" "Which," he said, he was ready to do;" but the Mails were not delivered to him till the next Day, (videlicet,) Wednesday. That, the same Day, between Two and Three o'Clock in the Afternoon, a File of Musqueteers, with some Officers, came on Board, and searched his Vessel very strictly, and particularly asked him, "Whether he had not the English Messenger's Dispatches for the Duke of Newcastle on Board?" Which he denied. That this Informant asked the Commandant, "Whether the Messenger might not proceed to England?" which, the Commandant said, he might do. Upon which, this Informant sent his Mate, to acquaint the Messenger with it, and to desire him to come on Board; but, as the Messenger was preparing to come on Board, he was stopt on the Quay by the Commandant and others; who asked him for his Dispatches; but he told them, "He had no Dispatches, only a few private Letters, which he shewed them." That, upon this, the Mate returned on Board; and having acquainted this Informant that the Messenger was detained, he immediately put to Sea, and arrived the same Night past Twelve o'Clock at Dover; from whence he immediately sent his Vessel with his Mate to Sir John Norris in The Downs, to acquaint him with what he had observed and heard at Calais."

"This Informant further faith, That he heard, whilst he was Calais, that there were between Twenty and Thirty Transports in Dunkirk Road: That Seven or Eight small Men of War were also there, and Sixteen more Men of War expected: That there were several Dunkirk Pilots still at Calais, and several Captains of French Merchant Men taken up to serve as Pilots on Board the Fleet: That it was the common Talk at Calais, that Fifteen Thousand Men were to be embarked on Board the Transports, in order to make a Descent upon some Part of His Majesty's Dominions; and that Part of the said Troops were already embarked, and the rest embarking: That Four Battalions of French Foot marched on Monday last from Calais to Dunkirk, in order, as was said publicly at Calais, to be embarked at Dunkirk: That, amongst the Troops embarking and to be embarked, there were some Dragoons, who carried their Bridles and Saddles with them, but not their Horses: That some said, the Landing was to be in Kent, others in Scotland: That Count Saxe arrived at Calais on Tuesday the 14th Instant (on which Day the Embargo was laid at Calais, Boulogne, and Dunkirk), and went to Dunkirk (as this Informant was told) the Saturday following, in order to take upon him the Command of the Troops designed for the Invasion: That there were several Irish Officers and others in Company with Count Saxe, amongst which, there was a Person whom this Informant saw upon the Quay, and who was said by the French there to be the Pretender's Eldest Son, and whom they called publicly "The Chevalier," and seemed to pay him a great deal of Respect: That the said Person is a tall, slim young Man, of about Twenty-four Years of Age: That the Examinant could not see his Face distinctly; and that there was another young Man in Company with him, who was said to be his Brother."

"This Informant further faith, "That he was told the Transports at Dunkirk were not victualed for more than Four or Five Days: That there was a Ship loading at Calais, with Provision for the Fleet: That they had heard of the Embargo laid upon Provision in Ireland, at which they expressed great Concern and Resentment.

"That it was the common Report at Calais, that there had been an Action in The Mediterranean between Admiral Mathews's Squadron and the French and Spanish Squadrons: That this Informant heard a Letter read (but does not remember the Date of Time or Place) which was written to a French Officer by his Brother, who, as this Informant heard, lives near Toulon; in which he says, that he saw several French Ships without Masts."

"This Informant further faith, "That, on Friday or Saturday last, an English Man was brought from Dunkirk to Calais, where he is confined; the Occasion of his Imprisonment is said to be his having hired a French Vessel to bring Dispatches to England: That this Person is supposed to be Mr. Laye, His Majesty's Agent at Dunkirk.

"Alex'r Ridley.

"February 24th, 1743.
Sworn before me,

"Holles Newcastle."

Order for an Address of Thanks.

Ordered, That an humble Address be presented to His Majesty, "To return His Majesty the Thanks of this House, for communicating to us the Intelligence which He has lately received, relating to the Invasion of this Kingdom designed to be made by France in Favour of the Popish Pretender; and to express the utmost Indignation of this House, at the evasive and presumptuous Answer which has been returned by the Court of France to the Representation made in His Majesty's Name, by His Minister at Paris, upon this Occasion; and to give His Majesty the strongest Assurances, that this House will, at the Hazard of their Lives and Fortunes, stand by and support His Majesty, against France and any other Power whatsoever, that shall presume to assist or countenance the Pretender, or any of his Descendants or Adherents, or to invade or commit any Hostilities against His Majesty's Kingdoms; this House not doubting that so desperate and daring an Attempt against His Majesty's Crown, and the Religion, Laws, and Liberties of this Nation, will create the highest Detestation in all His Majesty's Subjects, and raise a truly British Spirit in Defence of His Majesty's Sacred Person, and in Maintenance of those invaluable Rights, against France, or any other Power that shall presume to attack or disturb these Kingdoms in the quiet Possession of the many Blessings we enjoy under His Majesty's auspicious Government."

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

Martin against Strachan & al. Writ of Error.

Then the Counsel were again called in.

And the First Counsel for the Defendants was directed to proceed.

Who having done:

The Counsel were again directed to withdraw.

And it was moved, "In regard the Judges having been ordered to attend the Hearing of this Cause, and most of them being obliged to set out upon their Circuits on Monday next; that the further Hearing of the same be adjourned till Monday the 9th Day of April next."

Ordered, That the further Hearing of the said Cause be put off to Monday the 9th Day of April next accordingly; and that the Judges do then again attend this House.

Fincham Vicarage and Rectory uniting, Bill.

The Lord Chancellor acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for uniting the Vicarage of Fincham St. Martin's and Rectory of Fincham St. Michael's, in the County of Norfolk; and for settling a Right of Presentation to the same," was pleased to consent, so far as the Interest of the Crown was concerned, that the House might proceed thereon as they thought fit."

Then the said Bill was read the Second Time.

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

Ld. Steward.
D. Leeds.
D. Montagu.
D. Portland.
D. Bridgewater.
M. Tweeddale.
E. Pembroke.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Ailesbury.
E. Litchfield.
E. Oxford.
E. Harborough.
E. Graham.
E. Portsmouth.
V. St. John.
V. Torrington.
L. Bp. Rochester.
L. B. Gloucester.
L. B. Oxford.
L. B. Worcester.
L. B. Norwich.
L. B. Bangor.
Ld. Carteret, Sec.
L. Delawarr.
L. Willoughby Par.
L. Clifton.
L. Maynard.
L. Cornwallis.
L. Somerville.
L. Bathurst.
L. Ducie.
L. Monson.
L. Raymond.
L. Sandys.
L. Herbert.

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

Caswall, to take the Name of Whitehall, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable John Caswall Gentleman, now called Giles Whitehall, to take and use the Christian and Surname of Giles Whitehall; and also to enable his First and other Sons, and their Heirs Male, to take and use the Surname of Whitehall, in Pursuance of the Will of Giles Whitehall, deceased."

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

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

Harlow Bush Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road leading from a Place called Harlow Bush Common, in the Parish of Harlow, in the County of Essex, to Stump Cross, in the Parish of Great Chesterford, in the said County."

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

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

Old Stratford Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Third Year of the Reign of His present Majesty, intituled, "An Act for repairing the Roads leading from a Gate called Shipston Toll Gate, at Bridge Town, in the Parish of Old Stratford, in the County of Warwick, through Alderminster and Shipston upon Stower, to the Top of Long Compton Hill, in the said County, and to make the same more effectual."

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

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

Chappel on the Heath Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Fourth Year of the Reign of His present Majesty, for repairing the Road leading from Chappel on the Heath, in the County of Oxford, to the Quarry above Bourton on the Hill, in the County of Gloucester."

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

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

Schutz's Bill; the King's Consent to it.

The Duke of Newcastle acquainted the House, That His Majesty having been apprized of the Contents of the Bill, intituled, "An Act to enable His Majesty to grant the Inheritance of Part of the Forest of Shotover and Stowood, in the County of Oxford, to Trustees, in Trust, for Augustus Schutz Esquire and his Heirs, upon a full and valuable Consideration to be paid for the same," had no Objection, so far as the Interest of the Crown was concerned, to their Lordships proceeding thereon."

Then the said Bill was read a Second Time.

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

E. of Breadalbane & al. against Menzies & al.

Ordered, That the Hearing of the Cause wherein John Earl of Breadalbane & al. are Appellants, and James Menzies Esquire & al. Respondents, et è contra, which stands for Monday next, be put off to the Wednesday following:

Witham against Lewis, Writ of Error.

Ordered, That the Hearing the Errors argued on the Writ of Error, wherein John Leybourn Witham is Plaintiff, and George Lewis, on the Demise of the Earl of Derby, Defendant, which is appointed on the First Day for Causes after the Recess at Easter, be put off to Friday the 13th Day of April next; and that the Judges do then attend this House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 25o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Glocestriens.
Epus. Landavens.
Epus. Bath & Wells.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Argyll.
Dux Bridgewater.
Comes Northampton.
Comes Warwick.
Comes Ailesbury.
Comes Coventry.
Comes Morton.
Comes Portmore.
Comes Strafford.
Comes Halifax.
Comes Stanhope.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Offord.
Viscount St. John.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. Conway.
Ds. Masham.
Ds. Foley.
Ds. Onslow.
Ds. Romney.
Ds. Walpole.
Ds. Lovel.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

His Majesty's Answer to the Address.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House of Yesterday; and that, in Answer thereto, His Majesty was pleased to say, "That He thanks the House of Lords, for the repeated Assurances of their unalterable Zeal, Duty, and Affection, to His Majesty on this Occasion; and has the utmost Considence in their vigorous Support."

Ordered, That the Address of this House, and His Majesty's most Gracious Answer thereunto, together with the several Papers laid before this House Yesterday, by His Majesty's Command, be forthwith printed and published.

Fund for Widows and Children of Ministers in Scotland, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for raising and establishing a Fund for a Provision for the Widows and Children of the Ministers of the Church of Scotland, and of the Heads, Principals and Masters, of the Universities of St. Andrews, Glasgow, and Edinburgh."

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

It was Resolved in the Affirmative.

New Malton Butter packing, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to prevent the committing of Abuses in the weighing and packing of Butter, in the Town and Borough of New Malton, in the County of York."

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

It was Resolved in the Affirmative.

Affidavits taking in the Dutchy Courts of Lancaster, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for taking and swearing Affidavits to be made Use of in any of the Courts of the County Palatine of Lancaster."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Three preceding Bills.

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

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

E. Plimouth, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Guardians of Other Lewis Earl of Plymouth, an Infant; 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 empower the Guardians of Other Lewis Earl of Plymouth, an Infant, to purchase the Estate of his Grandfather Thomas Lewis Esquire, in the County of Glamorgan."

South Mims Road, repairing, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for continuing and enlarging the Term and Powers granted by an Act passed in the Third Year of the Reign of His present Majesty, for repairing the Road leading from Galley Corner, adjoining to Enfield Chace, in the Parish of South Mims, in the County of Midd'x, to Lemsford Mill, in the County of Hertford."

Cuningham to amend her Appeal.

A Petition of Elizabeth Cuningham, was presented to the House, and read; setting forth, "That, on the 14th Instant, she lodged her Appeal from an Interlocutory Sentence of the Sheriff of Ayer, of the 16th of December last; and from another of the Lords of Session, of the 3d Instant; and Mary Gainer, alias Dalrymple, was ordered to answer the said Appeal; since which, the Petitioner has been informed, the said Lords have made Two subsequent Interlocutors, of the 7th and 17th Instant; and praying Leave to amend the said Appeal, by inserting the said Interlocutors therein, upon the Petitioner's amending the Respondent's Copy."

And thereupon the Agent for the Petitioner was called in, and heard.

And being withdrawn:

Ordered, That the Petitioner be at Liberty to amend her said Appeal, as desired, upon the Condition abovementioned; and that the said Mary Gainer, alias Dalrymple, do put in her Answer to the Appeal, so amended, on or before Saturday the 24th Day of March next; and that the Service of this Order, as before directed, be deemed good Service.

Sir R. Sutton's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of Sir Robert Sutton, in the County of Nottingham, in Trustees, to be sold, for discharging several Mortgages and Encumbrances; and for laying out the Surplus of the Money arising by such Sale in the Purchase of other Lands, to be settled, together with his Estate in the County of Lincoln, to the Uses therein mentioned."

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

Ld. Steward.
D. Argyll.
D. Bridgewater.
E. Northampton.
E. Warwick.
E. Ailesbury.
E. Coventry.
E. Morton.
E. Portmore.
E. Straffard.
E. Halifax.
E. Stanhope.
E. Graham.
E. Ker.
E. Fitzwalter.
E. Offord.
V. St. John.
L. Bp. Rochester.
L. B. Hereford.
L. B. Litch. & Cov.
L. B. Glocester.
L. B. Landaff.
L. B. Bath & Wells.
L. Carteret, Secretary.
L. Abergavenny.
L. Willoughby Par.
L. North.
L. Clifton.
L. Conway.
L. Masham.
L. Foley.
L. Onslow.
L. Romney.
L. Walpole.
L. Lovell.
L. Raymond.
L. Ilchester.
L. Fitzwilliam.
L. Sandys.
L. Herbert.

Their Lordships, or any Five of them; to meet on Monday the 12th Day of March next, at the usual Time and Place; and to adjourn as they please.

Le Neve & al. against Norris & al.

Upon reading the Petition and Appeal of Isabella Le Neve Spinster, Edward Le Neve Esquire, Peter Le Neve Gentleman his Son and Heir, by Henrietta Le Neve his late Wife, deceased, Matthew Grave Gentleman, and Anne his Wife late Anne Rogers, the Daughter and Heir of Anne Rogers, deceased, formerly Anne Le Neve, late Wife of John Rogers, also deceased, which said Isabella Le Neve, Henrietta Le Neve, and Anne Rogers, were the Daughters and Coheirs of Oliver Neve, otherwise Le Neve, of Great Witchingham, in the County of Norfolk, Esquire, deceased; complaining of an Order of Dismission of the Court of Chancery, of the 8th of February Instant; and praying, "That the Appellants may be at Liberty to exhibit their Supplemental Bill, in the Nature of a Bill of Review; and that all Proceedings upon the Order on hearing of the 17th of July 1742 may be stayed; and that the Appellants may have the Cause reheard; and that John Norris and Thomas Carthew his next Friend, John Monck, Anne Norris, Elizabeth Le Neve, William Stukeley, George Denshire, and Saville Cust, may be required to answer the said Appeal:"

It is Ordered, That the several Parties last named may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 10th Day of March next.

Adjourn.

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

DIE Lunæ, 27o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Exon.
Epus. Norwic.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Cholmondeley, C. P. S.
Dux Leeds.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Bridgewater.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Peterborow.
Comes Chesterfield.
Comes Sandwich.
Comes Carlisle.
Comes Aylesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Morton.
Comes Home.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Stanhope.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Malton.
Comes Offord.
Comes Bath.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. Maynard.
Ds. Strange.
Ds. Byron.
Ds. Ward.
Ds. Cornwallis.
Ds. Stawell.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Lovel.
Ds. Raymond.
Ds. Montfort.
Ds. Ilchester.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Pendred against Griffith et al.

The joint and several Answer of James Carroll Griffith Esquire and Abdiel Edwards Gentleman, to the Appeal of Cordelia Pendred Widow, was brought in.

Devonsher against Hervey & al.

As was also, the joint and several Answer of the surviving Executors of Hugh Mitchell Merchant, deceased, to the Appeal of Jonas Devonsher.

Evesham Road, repairing, Bill.

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

With a Bill, intituled, "An Act for continuing the Term and Powers granted by an Act passed in the First Year of His present Majesty's Reign, intituled, An Act for repairing and amending several Roads leading to and from the Borough of Evesham, in the County of Worcester; and for making the same more effectual;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

L. Caher, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Lord Baron of Caher in the Kingdom of Ireland, 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 Part of the Estate of Thomas Lord Baron of Caher in the Kingdom of Ireland, towards discharging the Debts and Encumbrances affecting the same; and for other Purposes therein mentioned."

Fincham Vicarage and Rectory uniting, Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act for uniting the Vicarage of Fincham St. Martin's and Rectory of Fincham St. Michael's, in the County of Norfolk, and for settling the Right of Presentation to the same," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Harlow Bush Road, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road leading from a Place called Harlow Bush Common, in the Parish of Harlow, in the County of Essex, to Stump Cross, in the Parish of Great Chesterford, in the said County," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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."

Old Stratford Road, Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the 3d Year of the Reign of His present Majesty, intituled, "An Act for repairing the Roads leading from a Gate called Shipston Toll Gate, at Bridge Town, in the Parish of Old Stratford, in the County of Warwick, through Alderminster and Shipston upon Stower, to the Top of Long Compton Hill, in the said County;" and to make the same more effectual," was committed.

Chappel on the Heath Road, Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Fourth Year of the Reign of His present Majesty, for repairing the Road leading from Chappel on the Heath, in the County of Oxon, to the Quarry above Bourton on the Hill, in the County of Gloucester," was committed.

Schutz's Bill.

His Lordship made the same Report from the Lords Committees to whom the Bill, intituled, "An Act to enable His Majesty to grant the Inheritance of Part of the Forest of Shotover and Stowood, in the County of Oxford, to Trustees, in Trust, for Augustus Schutz Esquire and his Heirs, upon a full and valuable Consideration to be paid for the same," was committed.

South Mims Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing and enlarging the Term and Powers granted by an Act passed in the Third Year of the Reign of His present Majesty, for repairing the Road leading from Galley Corner, adjoining to Enfield Chace, in the Parish of South Mims, in the County of Midd'x, to Lemsford Mill, in the County of Hertford."

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

Ld. Privy Seal.
D. Leeds.
D. Argyll.
D. Bridgewater.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Sandwich.
E. Carlisle.
E. Litchfield.
E. Coventry.
E. Home.
E. Oxford.
E. Strafford.
E. Graham.
E. Malton.
E. Offord.
E. Bath.
V. St. John.
L. Abp. York.
L. B. Exeter.
L. B. Norwich.
L. B. Bangor.
L. Carteret, Sec.
L. Abergavenny.
L. Willoughby Par.
L. Clifton.
L. Byron.
L. Ward.
L. Cornwallis.
L. Gower.
L. Conway.
L. Hervey.
L. Foley.
L. Onslow.
L. Romney.
L. Raymond.
L. Ilchester.
L. Edgecumbe.
L. Sandys.

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

E. Plimouth's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to authorize and empower the Guardians of Other Lewis Earl of Plimouth, an Infant, to purchase the Estate of his Grandfather Thomas Lewis Esquire, in the County of Glamorgan."

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 the 13th Day of March next, at the usual Time and Place; and to adjourn as they please.

Pendred et al. against Griffith et al.:

The House being informed, "That a Person attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein Cordelia Pendred Widow and others are Appellants, and James Carrol Griffith and Abdiel Edwards Respondents:"

Pleadings proved.

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

And then he was directed to withdraw.

E. Breadalbane et al. against Menzies et al.

Ordered, That the Hearing of the Cause wherein John Earl of Breadalbane & al. are Appellants, and James Menzies Esquire & al. Respondents, & è contra, which stands for Wednesday next, be put off to that Day Sevennight.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 28o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Ebor.
Epus. Roffens.
Epus. Hereford.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Leeds.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Chesterfield.
Comes Cardigan.
Comes Carlisle.
Comes Aylesbury.
Comes Litchfield.
Comes Berkeley.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Halifax.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Malton.
Comes Offord.
Comes Bath.
Comes Portsmouth.
Viscount Say & Seal.
Viscount Townshend.
Viscount St. John.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Stawell.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Montfort.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Messages from H. C. to return Ritter's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Lorentz Bastian Ritter;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Clarkes, to take the Name of Stewart, Bill;

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

To return the Bill, intituled, "An Act to enable Edward Stewart, lately called Edward Clarke, and James Stewart Stewart, lately called James Stewart Clarke, to take and use the Surname of Stewart, pursuant to the Will of James Stewart, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Hopley's Bill.

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

To return the Bill, intituled, "An Act to enable Randle Hopley, of Overton, in the County of Chester, Gentleman, and his Issue, to take and use the Surname of Dod, pursuant to the Will of William Dod Esquire, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Ayshcombe, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Ayshcombe Gentleman and Mary 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 Part of the settled Estate of John Ayshecombe Gentleman, lying in the County of Warwick; and for settling another Estate, in the same County, of equal Value, to the same Uses, in Lieu thereof; and for other Purposes therein mentioned."

Caswall to take the Name of Whitehall, Bill.

The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Gaswall Gentleman, now called Giles Whitehall, to take and use the Christian and Surname of Giles Whitehall; and also to enable his First and other Sons and their Heirs Male to take and use the Surname of Whitehall, in Pursuance of the Will of Giles Whitehall, deceased," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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."

Le Neve et al. to amend their Appeal.

Upon reading the Petition of Isabella Le Neve and others; praying, "In regard the Clerk, in engrossing their Appeal, has mistaken the Name of John Carthew for Thomas Carthew; that they may be at Liberty to amend the same, they amending the Respondent's Copy:"

It is Ordered, That the Petitioners may amend their said Appeal, as desired; they amending the Respondent's Copy.

Fincham Vicarage and Rectory uniting, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for uniting the Vicarage of Fincham St. Martin's and Rectory of Fincham St. Michael's, in the County of Norfolk; and for settling the Right of Presentation to the same."

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. Holford and Mr. Bennett:

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

L. Caher's Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Thomas Lord Baron of Caher in the Kingdom of Ireland, towards discharging the Debts and Encumbrances affecting the same; and other Purposes therein mentioned."

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

Ld. Steward.
D. Leeds.
D. Argyll.
D. Manchester.
D. Bridgewater.
M. Tweeddale.
E. Pembroke.
E. Lincoln.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Cardigan.
E. Ailesbury.
E. Litchfield.
E. Poulet.
E. Morton.
E. Home.
E. Oxford.
E. Strafford.
E. Harborough.
E. Malton.
V. Say & Seale.
V. St. John.
L. Bp. Rochester.
L. B. Hereford.
L. B. Gloucester.
L. B. Oxford.
L. B. Landaff.
L. B. Bangor.
L. Carteret, Secretary.
L. Willoughby Par.
L. North.
L. Clifton.
L. Maynard.
L. Strange.
L. Ward.
L. Cornwallis.
L. Gower.
L. Conway.
L. Hervey.
L. Foley.
L. Romney.
L. Ducie.
L. Raymond.
L. Montfort.
L. Fitzwilliam.
L. Edgecumbe.
L. Sandys.
L. Herbert.

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

Sir R. Mead against Webb; and Devonsher against Henry et al.:

The House was informed, "That a Person attended, in order to deliver in Copies of Papers, Pleadings, and Proceedings, in the Cause wherein Sir Richard Mead Baronet is Appellant, and Daniel Webb Respondent; and in the Cause wherein Jonas Devonsher is Appellant, and Hugh Henry and others are Respondents."

Pleadings proved.

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

And then he was directed to withdraw.

Harlow Bush Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Road leading from a Place called Harlow Bush Common, in the Parish of Harlow, in the County of Essex, to Stump Cross, in the Parish of Great Chesterford, in the said County."

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

It was Resolved in the Affirmative.

Chappel on the Heath Road, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Fourth Year of the Reign of His present Majesty, for repairing the Road leading from Chappel on the Heath, in the County of Oxon, to the Quarry above Bourton on the Hill, in the County of Gloucester."

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

It was Resolved in the Affirmative.

Old Stratford Road, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Third Year of the Reign of His present Majesty, intituled, "An Act for repairing the Roads leading from a Gate called Shipston Toll Gate, at Bridge Town, in the Parish of Old Stratford, in the County of Warwick, through Alderminster and Shipston upon Stower, to the Top of Long Compton Hill, in the said County;" and to make the same more effectual."

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

It was Resolved in the Affirmative.

Schutz's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable His Majesty to grant the Inheritance of Part of the Forest of Shotover and Stowood, in the County of Oxford, to Trustees, in Trust, for Augustus Schutz Esquire and his Heirs, upon a full and valuable Consideration to be paid for the same."

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 Four preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by the former Messengers:

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

Evesham Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Term and Powers granted by an Act passed in the First Year of His present Majesty's Reign, intituled, "An Act for repairing and amending several Roads, leading to and from the Borough of Evesham, 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 Committees aforenamed:

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

Devonsher against Henry et al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Jonas Devonsher is Appellant, and Hugh Henry and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 19th Day of March next.

Pendred et al. against Griffith & al.

The like Motion and Order, for hearing the Cause wherein Cordelia Pendred Widow and others are Appellants, and James Carrol Griffith Esquire and Abdiel Edwards Respondents, on Wednesday the 21st Day of March next.

Adjourn.

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

DIE Mercurii, 29o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Exon.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Marlborough.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Chesterfield.
Comes Cardigan.
Comes Carlisle.
Comes Doncaster.
Comes Aylesbury.
Comes Holdernesse.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Bath.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North.
Ds. Brooke.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Bassledon Heath enclosing, Bill.

The Lord Gower reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing the Common and Waste Ground called Basledon Heath, in the County of Berks," [ (fn. 2) was committed]: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Marcham le Fen Common enclosing, Bill.

The Lord Monson made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for enclosing and dividing the Common called The Severals, and the Moor, lying in the Manor and Parish of Mareham Le Fen, in the County of Lincoln," was committed.

And the same Order was made.

Flecknoe Common Fields enclosing, Bill.

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

With a Bill, intituled, "An Act for enclosing and dividing the Common Fields called Flecknoe, in the Parish of Wolfhampcoat, in the County of Warwick;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Evesham Road, Bill:

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing the Term and Powers granted by an Act passed in the First Year of his present Majesty's Reign, intituled, "An Act for repairing and amending several Roads leading to and from the Borough of Evesham, 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 were 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."

The said Bill was then read a 3d Time, and passed upon the Question.

Caswall to take the Name of Whitehall, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable John Caswall Gentleman, now called Giles Whitehall, to take and use the Christian and Surname of Giles Whitehall; and also to enable his First and other Sons, and their Heirs Male, to take and use the Surname of Whitehall, in Pursuance of the Will of Giles Whitehall, deceased."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the preceding Bills.

A Message was 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.

Sir R. Mead against Webb.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir Richard Mead Baronet is Appellant, and Daniel Webb Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 16th Day of March next.

Hunter et al. against Binny et al.

A Petition of Andrew Hunter Provost of Forfar and others, was presented, and read; setting forth, "That the Petitioners Appeal now stands to be heard on Friday next; that Bonds of Arbitration have been entered into between the Petitioners and Alexander Binny and others Respondents to their Appeal, and have referred all Matters in Dispute to the Determination of His Majesty's Advocate and Solicitor General for Scotland; but no Award can be made during this Session, by reason of the said Advocate's attending his Service in Parliament;" and praying, "That the said Hearing may be put off for Four Months, or longer Time, as to the House shall seem meet."

And thereupon the Agents on both Sides were called in, and heard, at the Bar.

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off to Friday Four Months, as desired.

Ayshcombe's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of John Ayshcombe Gentleman, lying in the County of Warwick; and for settling another Estate, in the same County, of equal Value, to the same Uses, in Lieu thereof; and for other Purposes therein mentioned."

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

Ld. Privy Seal.
Ld. Steward.
D. Marlborough.
D. Argyll.
D. Ancaster, L. G. C.
D. Newcastle.
D. Portland.
D. Bridgewater.
M. Tweeddale.
E. Pembroke.
E. Lincoln.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Doncaster.
E. Ailesbury.
E. Jersey.
E. Moray.
E. Oxford.
E. Strafford.
E. Harborough.
E. Graham.
E. Essingham.
E. Bath.
V. Townshend.
V. St. John.
L. Bp. Rochester.
L. B. Hereford.
L. B. Sarum.
L. B. Exeter.
L. B. Worcester.
L. B. Bath & Wells.
L. B. Bangor.
Ld. Carteret, Sec.
L. Abergavenny.
L. Willoughby Par.
L. North.
L. Maynard.
L. Strange.
L. Ward.
L. Cornwallis.
L. Gower.
L. Conway.
L. Hervey.
L. Somerville.
L. Onslow.
L. Romney.
L. Ducie.
L. Walpole.
L. Hobart.
L. Monson.
L. Raymond.
L. Ilchester.
L. Fitzwilliam.
L. Sandys.
L. Herbert.

Their Lordships, or any Five of them; to meet on Thursday the 15th Day of March next, at the usual Time and Place; and to adjourn as they please.

Bagnall's Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Capital Messuage at Roughampton, and divers Lands and Hereditaments in the County of Surrey, late the Estate of Joseph Bagnal Esquire, deceased; and for purchasing another Estate, to be settled to the Uses of his Will," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, primum diem Martii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic; vide p. 308. b.
2 Deest in Originali.