House of Lords Journal Volume 26
March 1744, 1-10

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History of Parliament Trust

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1767-1830

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331-343

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'House of Lords Journal Volume 26: March 1744, 1-10', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 331-343. URL: http://british-history.ac.uk/report.aspx?compid=114190 Date accessed: 18 September 2014.


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March 1744, 1-10

DIE Jovis, 1o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Ebor.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Marlborough.
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 Westmorland.
Comes Peterborough.
Comes Chesterfield.
Comes Carlisle.
Comes Aylesbury.
Comes Radnor.
Comes Scarbrough.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Dunmore.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Offord.
Comes Bath.
Comes Portsmouth.
Viscount Say & Seale.
Viscount Townshend.
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. Maynard.
Ds. Strange.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Stawell.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Lovel.
Ds. Raymond.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

E. of Moray against Ross.

The Answer of Charles Ross of Balnagown Esquire, to the Appeal of James Earl of Moray, was brought in.

Suspected Persons securing, Bill, brought from H. C. and read Three Times:

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

With a Bill, intituled, "An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government;" to which they desire the Concurrence of this House.

The said Bill was read Thrice:

And the Question being put, "Whether the same shall pass?"

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Holford and Mr. Bennett:

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

Langton Common enclosing, Bill.

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

With a Bill, intituled, "An Act for confirming an Agreement, made to exchange certain Rights of Common, in the Parish, Townships, or Hamlets of East Langton, West Langton, Church Langton, and Thorpe Langton, in the County of Leicester; and for settling an Yearly Sum, to be paid to the Rector of the said Parish and his Successors, in Lieu of Tithes;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Hervey & Ux. to take the Name of Aston, Leave for a Bill:

Upon reading the Petition of the Honourable Henry Aston (lately called Hervey) Clerk and Catherine his Wife; praying Leave to bring in a Bill, for confirming to the Petitioners and their Issue the Surname and Arms of the Family of Aston, in the County Palatine of Chester, pursuant to certain Indentures in the Petition mentioned:

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

Col. Straton against Magistrates of Montrose.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Colonel Charles Straton is Appellant, and the Magistrates and Town Council of the Borough of Montrose are Respondents:"

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

E. Moray against Ross & al.

The like Motion and Order, for hearing the Cause wherein James Earl of Moray is Appellant, and Charles Ross Esquire and others are Respondents, on Wednesday the 14th Instant.

Bagnall's Bill.

Hodie 3a vice lecta est Billa, 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."

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

It was Resolved in the Affirmative.

Bassledon Heath enclosing, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enclosing the Common and Waste Ground called Basledon Heath, in the County of Berks."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by the former Messengers:

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

Flecknoe Commons enclosing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields called Flecknoe, in the Parish of Wolshampcoat, in the County of Warwick."

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

Ld. Privy Seal.
D. Richmond.
D. Montagu.
D. Portland.
D. Manchester.
D. Bridgewater.
E. Northampton.
E. Warwick.
E. Carlisle.
E. Ailesbury.
E. Coventry.
E. Loudoun.
E. Oxford.
E. Cowper.
E. Harborough.
E. Graham.
E. Malton.
E. Portsmouth.
V. Say & Seale.
L. Bp. Rochester.
L. B. Sarum.
L. B. Gloucester.
L. B. Worcester.
L. B. Norwich.
L. B. Bangor.
L. Delawarr.
L. Willoughby Par.
L. North.
L. Strange.
L. Gower.
L. Conway.
L. Hervey.
L. Foley.
L. Bathurst.
L. Ducie.
L. Walpole.
L. Lovel.
L. Ilchester.
L. Sandys.

Their Lordships, or any Five of them; to meet on Friday the 16th Instant; at the usual Time and Place; and to adjourn as they please.

Adjourn.

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

DIE Veneris, 2o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Ebor.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landavens.
Epus. Bangor.
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Marlborough.
Dux Montagu.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Cardigan.
Comes Carlisle.
Comes Doncaster.
Comes Aylesbury.
Comes Litchfield.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Portmore.
Comes Oxford.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Offord.
Comes Bath.
Viscount Townshend.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North.
Ds. Brooke.
Ds. Strange.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Watson against Glass & al.

The Answer of John Glass and others, to the Appeal of Thomas Watson Writer to the Signet;

Couper against Hunter.

Also, the Answer of Alexander Hunter, to the Appeal of David Couper;

Were brought in.

South Mims Road, Bill:

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing and enlarging the Term and Powers granted by an Act passed in the 3d 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," 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."

Then the said Bill was read the Third Time.

And the Question being put, "Whether the same shall pass?"

It was Resolved in the Affirmative.

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

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

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

Mareham le Fen Common, Bill:

Hodie 3a vice lecta est Billa, 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."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by the former Messengers:

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

Powys's Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the settled Estate of Edward Powys Esquire and Katherine his Wife in Trustees, for raising Money, to pay Debts; and for securing an Equivalent for the same, for the Benefit of his said Wife and their Issue, and of Thomas Powys Esquire and his Heirs and Assigns," 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.

Report from Commissioners of Greenwich Hospital delivered.

The House being informed, "That a Person from the Commissioners of Greenwich Hospital attended:"

He was called in; and delivered, at the Bar, pursuant to an Act of the 8th Year of His present Majesty,

"A Report of the said Commissioners, of what Money has been received from the Derwentwater Estate, between 1st December 1742, and 30th of November 1743; and of their Proceedings in carrying on the Building."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

Ordered, That the said Report do lie on the Table.

Langton Common, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming an Agreement, made to exchange certain Rights of Common, in the Parish, Townships, or Hamlets, of East Langton, West Langton, Church Langton, and Thorpe Langton, in the County of Leicester; and for settling an Yearly Sum, to be paid to the Rector of the said Parish and his Successors, in Lieu of Tithes."

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

Ld. President.
D. St. Albans.
D. Leeds.
D. Argyll.
D. Portland.
D. Bridgewater.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Cardigan.
E. Ailesbury.
E. Litchfield.
E. Coventry.
E. Home.
E. Oxford.
E. Graham.
E. Offord.
E. Bath.
Viscount Lonsdale.
Viscount Falmouth.
Ld. Bp. Hereford.
L. Bp. Exeter.
L. Bp. Gloucester.
L. Bp. Norwich.
L. Bp. Landaff.
L. Bp. Bangor.
Ld. Delawarr.
L. Willoughby Par.
L. Strange.
L. Ward.
L. Berkeley Str.
L. Cornwallis.
L. Hervey.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Cadogan.
L. Fitzwilliam.
L. Sandys.
L. Herbert.

Their Lordships, or any Five of them; to meet on Monday the 19th Day of this Instant March, at the usual Time and Place; and to adjourn as they please.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on the Throne, with the accustomed Ceremonies; the Prince of Wales and the Duke of Cumberland (in their Robes) sitting in their respective Places; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Plea sure, that they attend Him immediately, in this House."

Who being come, with their Speaker; he, after a short Introduction in relation to the Malt Bill, delivered the same to the Clerk; who brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bills ready for the Royal Assent, as follow:

Bills passed.

"1. An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Forty-four."

To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, & ainsi le veult."

"2. An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."

"3. An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons, and to Houses of Correction."

"4. An Act to oblige Overseers of the Poor to give public Notice of Rates made for the Relief of the Poor, and to produce the same."

"5. An Act for taking and swearing Affidavits, to be made Use of in any of the Courts of the County Palatine of Lancaster."

"6. 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."

"7. An Act for enlarging the Term and Powers granted by an Act, passed in the Third Year of the Reign of His present Majesty, for repairing and widening the Road from that Part of Chatham which lies next to the City of Rochester to Saint Dunstan's Cross, near the City of Canterbury, in the County of Kent."

"8. 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."

"9. 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."

"10. 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."

"11. 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."

"12. 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."

"13. 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 these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)

"Le Roy le veult."

"14. An Act to dissolve the Marriage of Henry Duke of Beaufort with Frances Scudamore his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

"15. 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."

"16. An Act to enable John Carre of Cavers, Advocate, to sell Lands, in the County of Roxburgh, for Payment of Debts charged thereon; and with the Surplus Money (if any) to purchase other Lands, to be settled to the same Uses as the Lands to be sold are settled."

"17. An Act for dividing and enclosing the Common Fields, called the North Field and South Field, in the Parish of Westonbirt, in the County of Gloucester."

"18. 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."

"19. 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."

"20. 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."

"21. An Act for naturalizing Mary Countess of Holdernesse, Wife of Robert Earl of Holdernesse."

"22. An Act for naturalizing Andrew Templeman, John Darlon, Christian Moller, John Friderick Fries, and Peter de la Rive, of London, Merchants."

"23. An Act for naturalizing John Rudolff Thunn, of London, Merchant."

"24. An Act to naturalize Lorentz Bastian Ritter."

To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

For recruiting the Forces, Bill.

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

With a Bill, intituled, "An Act for the speedy and effectual recruiting of His Majesty's Land Forces and Marines, for the Service of the Year One Thousand Seven Hundred and Forty-four;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Thornhagh, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Thornhagh Esquire; 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 empowering John Thornhagh Esquire to make a Jointure, and Provisions for his Younger Children, out of an Estate comprized in a voluntary Settlement made by Saint Andrew Thornhagh Esquire, his late Father, deceased."

Cullum & Ux. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Cullum Esquire and 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 vesting Part of the settled Estate of John Cullum Esquire in Trustees, to be sold, for discharging Encumbrances affecting the same; and for securing and providing an Equivalent for the same, out of another Part of his Estate, for the Uses and Purposes of his Marriage Settlement."

Auchterlony's Appeal revived.

Upon reading the Petition of George Auchterlony of London Merchant; praying, "In regard Robert Hunter of Pelmoad, Respondent to the Petitioner's Appeal, being lately dead without Issue, not having put in his Answer thereto, leaving his Brother Archibald Hunter Merchant in Glasgow his Heir and next of Kin; that the said Archibald may be made Respondent to the Petitioner's Appeal; and that the same, and all Proceedings therein, may stand and be revived, in such Manner as to the House shall seem meet:"

It is Ordered, That the said Appeal do stand revived accordingly; and that the said Archibald Hunter may have a Copy thereof; and put in his Answer thereunto, in Writing, on or before Friday the 30th Day of this Instant March.

Watson against Glass & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Watson is Appellant, and John Glass and others 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.

Couper against Hunter.

The like Motion and Order, for hearing the Cause wherein David Couper is Appellant, and Alexander Hunter Respondent, on the next vacant Day for Causes.

Adjourn.

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

DIE Lunæ, 5o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Ebor.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Exon.
Epus. Glocestr.
Epus. Oxon.
Epus. Wigorn.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Dux St. Albans.
Dux Bolton.
Dux Marlborough.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Chesterfield.
Comes Sandwich.
Comes Carlisle.
Comes Doncaster.
Comes Aylesbury.
Comes Litchfield.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Portmore.
Comes Strafford.
Comes Halifax.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Offord.
Comes Bath.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount St. John.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North.
Ds. Strange.
Ds. Cornwallis.
Ds. Stawell.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Lovel.
Ds. Raymond.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Shaftesbury Road, Bill.

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

With a Bill, intituled, "An Act for repairing the Road leading from the Top of Whitesheet Hill, in the Parish of Donhead Saint Andrew, in the County of Wilts, through the Town of Shaftesbury, to Bow Bridge, in the Road to Sherborn, in the County of Dorset;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Thornhagh's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for empowering John Thornhagh Esquire to make a Jointure, and Provisions for his Younger Children, out of an Estate comprized in a voluntary Settlement made by Saint Andrew Thornhagh Esquire, his late Father, deceased."

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

D. St. Albans.
D. Bolton.
D. Newcastle.
D. Portland.
D. Manchester.
D. Bridgewater.
M. Tweeddale.
E. Lincoln.
E. Northampton.
E. Warwick.
E. Westmorland.
E. Sandwich.
E. Carlisle.
E. Doncaster.
E. Litchfield.
E. Coventry.
E. Home.
E. Loudoun.
E. Strafford.
E. Harborough.
E. Graham.
E. Effingham.
E. Malton.
Viscount Say & Seale.
Ld. Bp. Rochester.
L. Bp. Sarum.
L. Bp. Exon.
L. Bp. Gloucester.
L. Bp. Oxon.
L. Bp. Landaff.
L. Bp. Bangor.
Ld. Abergavenny.
L. Willoughby Par.
L. North.
L. Strange.
L. Stawel.
L. Gower.
L. Conway.
L. Hervey.
L. Somerville.
L. Foley.
L. Bathurst.
L. Romney.
L. Ducie.
L. Lovel.
L. Raymond.
L. Montfort.
L. Ilchester.
L. Fitzwilliam.
L. Sandys.
L. Herbert.

Their Lordships, or any Five of them; to meet on Tuesday the 20th Instant, at the usual Time and Place; and to adjourn as they please.

Cullum's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estate of John Cullum Esquire in Trustees, to be sold, towards discharging Encumbrances affecting the same; and for securing and providing an Equivalent for the same, out of another Part of his Estate, for the Uses and Purposes of his Marriage Settlement."

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

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

E. Breadalbane against Menzies & al.

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

Powys's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estate of Edward Powys Esquire and Katherine his Wife in Trustees, for raising Money, to pay Debts; and for securing an Equivalent for the same, for the Benefit of his said Wife and their Issue, and of Thomas Powys Esquire, and his Heirs and Assigns."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Hervey & Ux. to take the Name of Aston, Bill.

The Lord Bishop of Norwich (pursuant to the Order of Thursday last) presented to the House a Bill, intituled, "An Act for confirming to the Honourable Henry Hervey Clerk and Catherine his Wife, and their Issue Male, the Surname and Arms of Aston, pursuant to a Settlement made by Sir Thomas Aston Baronet, deceased."

And the same was read the First Time.

Wall to attend the Committee on L. Caher's Bill.

The House being informed, "That Thomas Wall Gentleman was a material Witness, touching the Bill, 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;" and threatening to go into the Country:"

It is Ordered, That the said Thomas Wall do attend the Committee appointed to consider of the said Bill; whose Lordships are to meet on Wednesday the 14th Instant.

For recruiting the Forces, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the speedy and effectual recruiting of His Majesty's Land Forces and Marines, for the Service of the Year One Thousand Seven Hundred and Fortyfour."

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

Adjourn.

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

DIE Martis, 6o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Ebor.
Epus. Roffens.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Exon.
Epus. Wigorn.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Banger.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Marlborough.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Aylesbury.
Comes Litchfield.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Halifax.
Comes Harborough.
Comes Fitzwalter.
Comes Malton.
Comes Bath.
Viscount Lonsdale.
Viscount St. John.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
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. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Hervey & Ux. to take the Name of Aston, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming to the Honourable Henry Hervey Clerk and Catherine his Wife, and their Issue Male, the Surname and Arms of Aston, pursuant to a Settlement made by Sir Thomas Aston Baronet, deceased."

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

Ld. Privy Seal.
D. St. Albans.
D. Leeds.
D. Montagu.
D. Manchester.
D. Bridgewater.
M. Tweeddale.
E. Lincoln.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Sandwich.
E. Cardigan.
E. Litchfield.
E. Coventry.
E. Oxford.
E. Harborough.
E. Bath.
Viscount Lonsdale.
Viscount St. John.
Viscount Harcourt.
Viscount Torrington.
Ld. Bp. Rochester.
L. Bp. Hereford.
L. Bp. Worcester.
L. Bp. Norwich.
L. Bp. Bristol.
L. Bp. Bangor.
L. Carteret, Sec.
L. Abergavenny.
L. Willoughby Br.
L. Willoughby Par.
L. Clifton.
L. Maynard.
L. Strange.
L. Ward.
L. Cornwallis.
L. Gower.
L. Somerville.
L. Foley.
L. Bathurst.
L. Romney.
L. Ducie.
L. Walpole.
L. Hobart.
L. Fitzwilliam.
L. Edgecumbe.
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.

L. Abergavenny's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for settling a Capital Message, Lands, and Hereditaments, in East Grinstead, in the County of Sussex, to divers Uses therein mentioned, for the Benefit of William Lord Abergavenny and his Family, as an Equivalent for a Sum of Money appointed by a former Act to be laid out in the Purchase of Lands for that Purpose," 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.

Gale & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Edward Gale 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 Estate late of George Downes Esquire, deceased, in the County of Wilts, in Edward Gale Gentleman and his Heirs, in Trust, to convey the same to Robert Neale Esquire and his Heirs (pursuant to Articles of Agreement made for Sale thereof), towards Payment of the Encumbrances charged thereupon; and for other Purposes therein mentioned."

For recruiting the Forces, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the speedy and effectual recruiting of His Majesty's Land Forces and Marines, for the Service of the Year One Thousand Seven Hundred and Forty-four."

After some Time, the House was resumed.

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

Mutiny and Desertion, Bill.

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

With a Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

Cherill Road, repairing, Bill.

A Message was brought from the House of Commons, by Sir Robert Long and others:

With a Bill, intituled, "An Act for more effectual repairing the Road from Cherill (through Calne) to Studley Bridge, and from Cherill to The Three Mile Borough at the Top of Cherill Hill, in the County of Wilts;" to which they desire the Concurrence of this House.

Kingston upon Hull Road, Bill.

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

With a Bill, intituled, "An Act for repairing the Roads between the Town of Kingston upon Hull and the Town of Beverley, in the East Riding of the County of York;" to which they desire the Concurrence of this House.

The Three last mentioned Bills were read the First Time.

Sir P. Byrne's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act to enlarge the Time limited by the Will of Sir Francis Leicester Baronet, deceased, for Sale of the Real Estate late of Sir John Byrne Baronet, deceased, in the Kingdom of Ireland; and also to enable Sir Peter Byrne Baronet and his Issue to take and use the Surname of Leicester only, pursuant to the said Will," stands committed, be revived; and meet on Thursday next.

Adjourn.

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

DIE Mercurii, 7o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Exon.
Epus. Glocestr.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Dux Richmond.
Dux Bolton.
Dux Leeds.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Chesterfield.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Aylesbury.
Comes Litchfield.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Loudoun.
Comes Oxford.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Comes Offord.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Stawell.
Ds. Gower.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Talbot.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Herbert.

PRAYERS.

Winslow Commons, enclosing, Bill.

The Earl of Sandwich reported from the Lords Committees to whom the Bill, 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," 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."

Bowater's Bill.

The Earl of Warwick made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for the Sale of certain Houses and Ground in Woolwich, Part of the settled Estate of Edward Bowater Esquire, pursuant to an Agreement with the Commissioners of the Navy; and for applying the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses of his Marriage Settlement," was committed.

Ordered, That the said Bill be engrossed.

Cherill Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually repairing the Road from Cherill (through Calne) to Studley Bridge, and from Cherill to The Three Mile Borough, at the Top of Cherill Hill, in the County of Wilts."

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

L. President.
D. Richmond.
D. Leeds.
D. Montagu.
D. Portland.
D. Manchester.
D. Bridgewater.
M. Tweeddale.
E. Pembroke.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Sandwich.
E. Carlisle.
E. Coventry.
E. Oxford.
E. Harborough.
E. Graham.
E. Fitzwalter.
E. Malton.
E. Offord.
Viscount Say & Seale.
Viscount Townshend.
Ld. Bp. Rochester.
L. Bp. Sarum.
L. Bp. Exeter.
L. Bp. Worcester.
L. Bp. Landaff.
L. Bp. Bangor.
Ld. Abergavenny.
L. Delawarr.
L. Willoughby Br.
L. Strange.
L. Ward.
L. Cornwallis.
L. Gower.
L. Hervey.
L. Somerville.
L. Foley.
L. Romney.
L. Ducie.
L. Monson.
L. Talbot.
L. Fitzwilliam.
L. Herbert.

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

Hervey & Ux. to take the Name of Aston, Bill.

The Lord Hervey reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming to the Honourable Henry Hervey Clerk and Catherine his Wife, and their Issue Male, the Surname and Arms of Aston, pursuant to a Settlement made by Sir Thomas Aston Baronet, 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."

Ordered, That the said Bill be engrossed.

For recruiting the Forces, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the speedy and effectual recruiting of His Majesty's Land Forces and Marines, for the Service of the Year One Thousand Seven Hundred and Fortyfour."

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

It was Resolved in the Affirmative.

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

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

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

Kingston upon Hull Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Road between the Town of Kingston upon Hull and the Town of Beverley, in the East Riding of 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 the same Day, at the same Place; and to adjourn as they please.

L. Abergavenny's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for settling a Capital Messuage, Lands, and Hereditaments, in East Grinstead, in the County of Sussex, to divers Uses therein mentioned, for the Benefit of William Lord Abergavenny and his Family, as an Equivalent for a Sum of Money appointed by a former Act to be laid out in the Purchase of Lands for that Purpose."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by the former Messengers:

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

Mutiny Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

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

Downes's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Estate late of George Downes Esquire, deceased, in the County of Wilts, in Edward Gale Gentleman and his Heirs, in Trust, to convey the same to Robert Neale Esquire and his Heirs (pursuant to Articles of Agreement made for Sale thereof), towards Payment of the Encumbrances charged thereupon; and for other Purposes therein mentioned."

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 the 22d Instant, at the usual Time and Place; and to adjourn as they please.

Pendred & al. against Griffith & al.:

The House being informed, "That Mr. Patrick Keyghran attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein Cordelia Pendred Widow & al. are Appellants, and James Carrol Griffith & al. 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.

Sir R. Sutton's Bill.

Ordered, That the Duke of Portland, Lord Delawarr, and Lord Monson, be added to the Committee to whom the Bill, 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 & in diem Jovis, octavum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 8o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Ebor.
Epus. Roffens.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Bath & Wells.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Dux Leeds.
Dux Marlborough.
Dux Montagu.
Dux Argyll.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Sandwich.
Comes Cardigan.
Comes Aylesbury.
Comes Holdernesse.
Comes Moray.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Comes Offord.
Comes Bath.
Viscount Townshend.
Viscount Lonsdale.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North.
Ds. Brooke.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Conway.
Ds. Hervey.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Sir D. Campbell against Armstrong.

The Answer of Edmund Armstrong, to the Appeal of Sir Duncan Campbell, was brought in.

Winslow Commons, enclosing, Bill:

Hodie 3a 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."

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

It was Resolved in the Affirmative.

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

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

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

Hervey & Ux. to take the Name of Aston, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming to the Honourable Henry Hervey Clerk and Catherine his Wife, and their Issue Male, the Surname and Arms of Aston, pursuant to a Settlement made by Sir Thomas Aston Baronet, deceased."

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

It was Resolved in the Affirmative.

Bowater's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the Sale of certain Houses and Ground in Woolwich, Part of the settled Estate of Edward Bowater Esquire, pursuant to an Agreement with the Commissioners of the Navy; and for applying the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses of his Marriage Settlement."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by the former Messengers:

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

North Stoneham Common, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming Agreements made for enclosing and dividing Part of North Stoneham Common, in the County of Southampton," 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.

Cherill Road, Bill.

The Lord Ilchester reported from the Lords Committees to whom the Bill, intituled, "An Act for more effectually repairing the Road from Cherill (through Calne) to Studley Bridge, and from Cherill to The Three Mile Borough at the Top of Cherill Hill, in the County of Wilts," 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."

Kingston upon Hill Road, Bill.

The same Lord made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road between the Town of Kingston upon Hull and the Town of Beverley, in the East Riding of the County of York," was committed.

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

After some Time, the House was resumed.

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

Sir D Campbell against Armstrong.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir Duncan Campbell is Appellant, and Edmund Armstrong Respondent:"

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.

Adjourn.

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

DIE Veneris, 9o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffen.
Epus. Hereford.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bath & Wells.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Cholmondeley, C. P. S.
Dux Leeds.
Dux Argyll.
Dux Newcastle.
Dux Portland.
March. Tweeddale.
Comes Northampton.
Comes Chesterfield.
Comes Aylesbury.
Comes Litchfield.
Comes Coventry.
Comes Morton.
Comes Moray.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Fitzwalter.
Comes Malton.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Falmouth.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Conway.
Ds. Hervey.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Lovel.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Mutiny Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

It was Resolved in the Affirmative.

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

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

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

Brewers Casks, &c. Bill.

A Message was brought from the House of Commons, by Sir Daniel Lambert and others:

With a Bill, intituled, "An Act for preventing Brewers Servants and others from selling, pawning, and making away with, Barrels, Casks, and other Vessels, entrusted with them respectively, without the Consent of the Owners and Proprietors thereof;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sir Peter Byrne's Bill.

The Lord Gower reported from the Lords Committees to whom the Bill, intituled, "An Act to enlarge the Time limited by the Will of Sir Francis Leicester Baronet, deceased, for Sale of the Real Estate late of Sir John Byrne Baronet, deceased, in the Kingdom of Ireland; and also to enable Sir Peter Byrne Baronet, and his Issue, to take and use the Surname of Leicester only, pursuant to the said Will," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that all the Parties concerned had given their Consents to the Bill, except Anne Meriel Legh and Saint John's College in Cambridge; and that as to their respective Interests, the Commitee find, that Sir Francis Leicester Baronet, by his Will, devised all his Estate in the Kingdom of Great Britain, and the Lands by his said Will directed to be purchased, to his Grandson Peter, now Sir Peter Byrne, who is the Eldest Son and Heir of his the said Testator's only Child Dame Meriel Byrne by Sir John Byrne Baronet (both deceased) for his Life, and to his First and other Sons in Tail Male; Remainder to his Brother John Byrne for Life, and to his First and other Sons in Tail Male; Remainder to the said Anne Meriel Legh, who was the Daughter of the said Dame Meriel Byrne by Fleetwood Leigh Esquire her First Husband, for Life, and to her First and other Sons in Tail Male; with like Remainders to Dorothy, Elizabeth, and Meriel Byrne, Daughters of the said Dame Meriel by the said Sir John Byrne, severally, for Life, and to their respective First and other Sons in Tail Male successively; Remainder to the First and other Daughters in Tail Male of all his the Testator's said Grandchildren in Succession, as aforesaid; the said several Devisees taking and using the Surname of Leicester only; and that to the said several Devises to the Children of the said Dame Meriel by the said Sir John Byrne and their Issue, the said Testator annexes a Condition, "That, unless the Real Estate, late of the said Sir John Byrne, in the Kingdom of Ireland, be sold, and the Residue of the Money thereby raised, after Payment of Encumbrances, laid out in the Purchase of Lands in England, to be settled to the like Uses, or paid into Trustees Hands for that Purpose, within the Term of Four Years next after his the said Testator's Death, all the said Devises to the Children of the said Sir John Byrne and their respective Issue shall be void;" and in that Case, he devises his said Estate, and directs the Four First Years Profits thereof, to be retained by his Trustees, and paid to the next in Remainder to whom his said Estate would go if there were a total Failure of Issue of the said Dame Meriel by the said Sir John Byrne; and in Case of Failure of Issue by the said Dame Meriel, or Forfeiture of their respective Estates, he devises his said Real Estate to Saint John's College in Cambridge, for ever; and therefore, if the Condition touching the Sale of the Real Estate late of the said Sir John Byrne in Ireland be good in Law, and this Bill should not pass, and the said Estate should not be sold in Four Years next after the Testator's Death, and there should be a Son of Sir John Byrne living at the End of that Term, she the said Anne Meriel Legh and her Issue, and upon Failure of such Issue Saint John's College, will become entitled to the Testator's Real Estate, and to the Four First Years retained Rents and Profits thereof.

That the Guardian of the said Anne Meriel Legh (she being an Infant of about Seventeen Years of Age) appeared before the Committee, and did not on her Behalf oppose the passing of the Bill, but, by Reason of her Infancy, thought himself not warranted to consent thereto; and the Reverend Mr. Morgan, One of the Senior Fellows of the said College, also attended on Behalf of the said College, and offered several Amendments to the Bill, which were agreed to by the Committee; and the said Mr. Morgan afterwards declared, he had no further Objections, nor should oppose its passing; but the said College, in their Corporate Capacity, have not otherwise signified their Consent to the Committee: And the said Anne Meriel Legh by her Guardian, and the said College by the said Mr. Morgan, submitted their respective Interests to this House.

The Committee also find, that Daniel Byrne (who, upon Failure of Issue Male of the late Sir John Byrne, is the only Person in Remainder under the said Sir John's Marriage Settlement) hath no Issue Male; and if the Consent of the said Daniel Byrne can be obtained, Sir John Byrne's Trustees might, as the Committee conceive, procure an Act of Parliament for Sale of the said Estate in Ireland; and it hath been proved to the Committee, that the said Daniel Byrne hath declared, that he is willing to consent thereto, upon having Two Hundred Pounds a Year immediately settled upon him and his Issue Male.

And the Committee observe, that, if Power were given to Sir John Byrne's Trustees, to make immediate Sale of his Real Estate, and the same should be sold within the said Four Years, neither the said Anne Meriel Legh nor the said College could have any Claim to the said Testator's Estate, till Failure of Issue Male of the said Sir Peter Byrne and John Byrne; and in that Case, would only be entitled to the Profits thereof from the Time of such Failure of Issue Male; but, by this Bill, the Profits of the said Testator's Estate are directed to be retained till the 23d Day of January 1755, which is Thirteen Years and an Half from the Testator's Death; and if the said Sir John Byrne's Estate be not sold before that Time, and there shall be a Son of the said Dame Meriel by the said Sir John Byrne then living; or if, before that Time, there should be a Failure of Issue Male of the said Sir Peter Byrne and John Byrne, the said Anne Meriel Legh, or such other Person as shall then be entitled to the said Testator's Real Estate, will have the Benefit of all the accumulated Rents and Profits thereof, from the Time of the Testator's Death, which is proposed as an Equivalent for the contingent Interest, which the said Anne Meriel Legh, or the other Persons in Remainder, may possibly be deprived of, by enlarging the Time of Sale in the Manner mentioned in the Bill.

And that the Committee had made several Amendments to the said Bill."

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

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

Leigh against Jones & al.

The House was informed, "That Richard Leigh, Jasper Jones and Frances his Wife, Jasper Leigh Jones, Thomas Wildman and Dorothea his Wife, Fitzwilliam Plumtree, Sir Thomas Wynne, and William Fawkes, have not put in their Answers to the Appeal of Francis Leigh Esquire, though duly served with the Order of this House for that Purpose."

And thereupon Richard Newsham was called in.

And having proved, upon Oath, at the Bar, the due Service of the said Order:

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

Cherill Road Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for more effectually repairing the Road from Cherill (through Calne) to Studley Bridge, and from Cherill to The Three Mile Borough, at the Top of Cherill Hill, in the County of Wilts."

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

It was Resolved in the Affirmative.

Kingston upon Hull Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Road between the Town of Kingston upon Hull and the Town of Beverley, in the East Riding of the County of York."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Two preceding Bills.

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

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

North Stoneham Common enclosing, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming Agreements made, for enclosing and dividing Part of North Stoneham Common, in the County of Southampton."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by the former Messengers:

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

Adjourn.

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

10th April, 1745. Hitherto examined by us,

Portland.
Shaftesbury.
Oxford & Mortimer.
Foley.