House of Lords Journal Volume 26
March 1745, 1-10

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History of Parliament Trust

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1767-1830

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445-452

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'House of Lords Journal Volume 26: March 1745, 1-10', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 445-452. URL: http://british-history.ac.uk/report.aspx?compid=114206 Date accessed: 03 September 2014.


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March 1745, 1-10

DIE Veneris, 1o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Glocestriens.
Epus. Wigorn.
Epus. Norwic.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Berks.
Comes Winchilsea.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Loudoun.
Comes Strafford.
Comes Aylesford.
Comes Harborough.
Comes Malton.
Comes Bath.
Viscount Torrington.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. Cornwallis.
Ds. Hervey.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Count of Ruglen & al. against Ld. Archibald Hamilton & al.;

The several Answers of Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, and Mr. John Hamilton Writer to His Majesty's Signet, to the Appeal of Anne Countess of Ruglen and William Earl of March her Son, were brought in.

Also E. of Cassilis against Ld. Archibald Hamilton & al.

As were also, the several Answers of the same Persons, to the Appeal of John Earl of Cassillis and his Countess.

Duties on Salt, &c. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the further Term of Six Years; and for declaring, that the Duties on Salt, which arise and are payable in that Part of Great Britain called Scotland, shall be subject to the same Charges thereon, as the same Duties were liable to by the Act of the Fifth Year of the Reign of His late Majesty King George the First."

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.

Mrs. Penton's Nat. &c. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Dorothy Penton, Wife of Henry Penton Esquire; and for qualifying and enabling her to hold and enjoy a Rent-charge limited to her upon her Marriage, in the Name of her Jointure."

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

It was Resolved in the Affirmative.

Morin's Nat. Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Anthony Benjamin Morin."

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

It was Resolved in the Affirmative.

Message to H. C. with the preceding Bills.

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

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

Messages from thence, with Bills.

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

With a Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law; and for allowing further Time for that Purpose;" to which they desire the Concurrence of this House.

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.

A Message was brought from the House of Commons, by Sir Thomas Drury and others:

With a Bill, intituled, "An Act for naturalizing Mark Cramer and Samuel Mestrezat;" to which they desire the Concurrence of this House.

Hedon to Hull North Bridge Road, Bill.

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

With a Bill, intituled, "An Act for repairing the Road leading from a Gate commonly called Sacred Gate, on the South Side of the Town of Hedon, in the East Riding of the County of York, through the said Town, to Hull North Bridge;" to which they desire the Concurrence of this House.

Shepherds Shord Road, Bill.

A Message was brought from the House of Commons, by Doctor Lee and others:

With a Bill, intituled, "An Act for enlarging the Terms and Powers granted by several Acts of Parliament, for repairing the Highways between Shepherds Shord and The Devizes, and the Top of Ashlington Hill and Rowd Ford, in the County of Wilts;" to which they desire the Concurrence of this House.

The Two last mentioned Bills were both read the First Time.

Boroughbridge to Durham, Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the High Road leading from Boroughbridge, in the County of York, through North-Allerton, in the same County, to Croft Bridge on the River Tees, and from thence through Darlington, in the County of Durham, to the City of Durham."

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

L. President.
L. Steward.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Shaftesbury.
E. Coventry.
E. Jersey.
E. Strafford.
E. Aylesford.
E. Harborough.
E. Malton.
E. Bath.
Vis. Torrington.
L. Bp. Gloucester.
L. Bp. Norwich.
L. Bp. Lincoln.
L. Bp. St. Asaph.
L. Bp. St. Davids.
L. Willoughby Par.
L. North.
L. Clifton.
L. Cornwallis.
L. Hervey.
L. Romney.
L. Monson.
L. Raymond.
L. Fitzwilliam.
L. Edgecumbe.
L. Sandys.

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

Fincham Rectory and Vicarage uniting, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for uniting the Vicarage of Fincham Saint Martin's to the Rectory of Fincham Saint Michael's, in the County of Norfolk; and for settling the Right of Presentation to the same."

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.

Orders for Witnesses on Mathew's Divorce Bill.

Ordered, That the Clerk be empowered to issue Orders, for the Attendance of such Witnesses as either Side shall desire to have produced and examined, at the Second Reading of the Bill depending in this House, for dissolving the Marriage of Daniel Mathew Esquire with Penelope Smith, and to enable him to marry again.

Hutchinson against Domville.

After hearing Counsel in Part, upon the Petition and Appeal of Hartley Hutchinson Esquire, to which William Domville Esquire is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next.

Adjourn.

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

DIE Lunæ, 4o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffens.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Norwic.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Newcastle.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Berks.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Harborough.
Comes Waldegrave.
Comes Fitzwalter.
Comes Malton.
Comes Bath.
Viscount Fauconberg.
Ds. Willoughby Par.
Ds. North.
Ds. Maynard.
Ds. Ward.
Ds. Cornwallis.
Ds. Conway.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Raymond.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Boroughbridge to Durham Road, Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the High Road leading from Boroughbridge, in the County of York, through North-Allerton, in the same County, to Croft Bridge, on the River Tees, and from thence through Darlington, in the County of Durham, to the City of Durham," 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."

Fincham Rectory and Vicarage, uniting, Bill.

The Lord Bishop of Norwich made the like Report from the Lords Committees to whom the Bill, intituled, An Act for uniting the Vicarage of Fincham Saint Martin's to the Rectory of Fincham Saint Michael's, in the County of Norfolk; and for settling the Right of Presentation to the same," was committed.

Cramer & al. Nat. Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing Mark Cramer and Samuel Mestrezat."

Petitions of Persons to be added to it.

Upon reading the Petition of Peter Fector:

Also upon reading the Petition of John Anthony Rucker, John James Battier, and Bartholomew Nedderman; praying, "That their Names may be inserted in the last mentioned Bill:"

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

The said Peter Fector took the Oaths appointed, in order to his Naturalization.

Hedon to Hull North Bridge, Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Road leading from a Gate commonly called Sacred Gate, on the South Side of the Town of Hedon, in the East Riding of the County of York, through the said Town, to Hull North Bridge."

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

L. Privy Seal.
D. Newcastle.
M. Tweeddale.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Carlisle.
E. Aylesbury.
E. Shaftesbury.
E. Oxford.
E. Strafford.
E. Harborough.
E. Fitzwalter.
E. Malton.
E. Bath.
Vis. Fauconberg.
L. Abp. York.
L. Bp. Rochester.
L. Bp. Gloucester.
L. Bp. Oxon.
L. Bp. Norwich.
L. Bp. St. Davids.
L. Willoughby Par.
L. North.
L. Maynard.
L. Ward.
L. Cornwallis.
L. Bathurst.
L. Onslow.
L. Ducie.
L. Raymond.
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.

Shepherds Shord Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Terms and Powers granted by several Acts of Parliament, for repairing the Highways between Shepherds Shord and The Devises, and the Top of Ashlington Hill and Rowd Ford, in the County of Wilts."

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.

Capt. Vernon peremptorily to Answer Benson's Appeal.

The House was informed, "That Captain John Vernon hath not put in his Answer to the Appeal of William Benson Esquire and Stephen Whatley Gentleman, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Thomas Blenerhasset Elliott of the City of Dublin Gentleman, of the due Service of the said Order, being read:

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

Message from H. C. to return the Bill for the M. of Annandale to take the Name of Vanden Bempde.

A Message was brought from the House of Commons, by Sir James Johnston and others:

To return the Bill, intituled, "An Act to enable George Vanden Bempde Marquis of Annandale to use the Surname and Arms of Vanden Bempde, pursuant to the Will of John Vanden Bempte Esquire, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Mutiny Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

Hutchinson against Domville.

After hearing Counsel further, upon the Petition and Appeal of Hartley Hutchinson Esquire, to which William Domville Esquire is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Second Reading of the Bill for dissolving the Marriage of Daniel Mathew Esquire with Penelope Smith, and to enable him to marry again, and hearing Counsel for and against the same, which was appointed for that Day, be put off to Thursday next.

Adjourn.

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

DIE Martis, 5o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffens.
Epus. Glocestriens.
Epus. Norwic.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
March. Lothian.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Shaftesbury.
Comes Jersey.
Comes Poulet.
Comes Home.
Comes Loudoun.
Comes Oxford.
Comes Rockingham.
Comes Harborough.
Comes Pomfret.
Comes Fitzwalter.
Comes Malton.
Comes Bath.
Viscount Fauconberg.
Viscount St. John.
Viscount Torrington.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Onslow.
Ds. Romney.
Ds. Raymond.
Ds. Montfort.
Ds. Fitzwilliam.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Ld. Archibald Hamilton against E. of Selkirk & al.

The several Answer of Dunbar Hamilton Earl of Selkirk, only Son of Basil Hamilton Esquire, deceased, who was the only Son of Lord Basil Hamilton, also deceased, to the Appeal of Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, was brought in:

Count of Ruglen against E. of Selkirk & al.

As was likewise, the Answer of the said Earl, to the Appeal of Anne Countess of Ruglen and her Son an Infant:

E. of Cassillis against E. or Selkirk & al.

And also, the Answer of the said Earl, to the Appeal of the Earl of Casillis and his Countess.

Shepherds Shord Road, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Terms and Powers granted by several Acts of Parliament, for repairing the Highways between Shepherds Shord and The Devizes, and the Top of Ashlington Hill and Rowd Ford, 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."

Hedon to Hull North Bridge, Road, Bill.

The Earl of Bath made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road leading from a Gate, commonly called Sacred Gate, on the South Side of the Town of Hedon, in the East Riding of the County of York, through the said Town, to Hull North Bridge," was committed.

Fincham Rectory and Vicarage, uniting, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for uniting the Vicarage of Fincham Saint Martin's to the Rectory of Fincham Saint 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.

Boroughbridge Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the High Road leading from Boroughbridge, in the County of York, through North-Allerton, in the same County, to Croft Bridge, on the River Tees, and from thence through Darlington, in the County of Durham, to the City of Durham."

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 Two preceding Bills.

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

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

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, on Thursday next.

Beverley Beck cleansing, &c. Bill.

A Message was brought from the House of Commons, by Sir Miles Stapylton and others:

With a Bill, intituled, "An Act for more effectually cleansing, deepening, widening, and preserving, a Creek called Beverley Beck, running into the River Hull; and for more effectually repairing the Staiths near the said Beck, and the Roads leading from the said River to the Town of Beverley; and for cleansing the Streets of the said Town, and for regulating the Carriages to and from the said Beck and the River Hull;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Hobbes & al. Leave for a Bill:

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

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of the Freehold and Copyhold Estates of Rodolph Hobbes Gentleman, deceased, in the County of Bucks, for discharging the Encumbrances affecting the same; and for making Provision for his Widow and Infant Children."

Rucker & al. take the Oaths.

John Anthony Rucker, John James Battier, and Bartholomew Nedderman, took the Oaths, in order to their Naturalization.

Cramer & al. Nat. Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Mark Cramer and Samuel Mestrezat."

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

L. Privy Seal.
D. Montagu.
D. Argyll.
D. Newcastle.
M. Lothian.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Jersey.
E. Oxford.
E. Rockingham.
E. Harborough.
E. Malton.
E. Bath.
Vis. Fauconberg.
Vis. Torrington.
L. Bp. Rochester.
L. Bp. Gloucester.
L. Bp. Norwich.
L. Bp. Landaff.
L. Bp. St. Asaph.
L. Bp. St. Davids.
L. Willoughby Par.
L. North.
L. Clifton.
L. Maynard.
L. Strange.
L. Ward.
L. Cornwallis.
L. Onslow.
L. Romney.
L. Raymond.
L. Montfort.
L. Fitzwilliam.
L. Sandys.
L. Herbert.

Their Lordships, or any Five of them; to meet on Thursday next, at the usual Time and Place; and to adjourn as they please; and that the Petitions of the Persons desiring to be added to the said Bill, which were Yesterday ordered to lie on the Table, be referred to the said Committee.

Hutchinson against Domville.

After hearing Counsel, as well on Friday last, as Yesterday and this Day, upon the Petition and Appeal of Hartley Hutchinson Esquire; complaining of several Orders of the Court of Chancery in Ireland, of the 13th of May, 10th and 11th of June, 24th of October, 16th and 26th of November, and 4th of December, 1741, whereby his 4th, 6th, and 9th Exceptions to the Master's Report were over-ruled; and also of a Decretal Order of the same Court, at the same Time, on hearing the Matters of the said Report and Exceptions; and likewise of another Decretal Order, of the 1st of June 1744, made on the Master's Second Report, and the Exceptions taken thereto, in certain Causes, wherein William Domville Esquire was Plaintiff, and the Appellant Defendant; and wherein the Appellant was Plaintiff, and the said William Domville Defendant; and praying, "That the same might be varied, altered, and amended; and that the Appellant might have such further Relief given him as should be agreeable to Justice and Equity:" As also upon the Answer of the said William Domville put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said several Orders therein complained of be, and the same are hereby, affirmed.

Adjourn.

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

DIE Jovis, 7o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Litch. & Cov.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Leeds.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Tweeddale.
March. Lothian.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Berks.
Comes Winchilsea.
Comes Thanet.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Home.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Comes Portsmouth.
Comes Leicester.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount St. John.
Viscount Falmouth.
Viscount Torrington.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Conway.
Ds. Hay.
Ds. Foley.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Benson & al. against Vernon.

The Answer of John Vernon Esquire, to the Appeal of William Benson Esquire and Stephen Whatley Gentleman, was brought in.

State of the National Debt delivered.

The House being informed, "That a Person from the Exchequer attended:"

He was called in; and presented to the House, pursuant to their Lordships Address of the 8th of February last,

"A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1743, and 31st of December 1744; together with an Accompt of the Produce of the Sinking Fund in that Year, and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund has been applied."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

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

Additional Duties on Wines, Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty several additional Duties upon all Wines imported into Great Britain; and for raising a certain Sum of Money, by Annuities and a Lottery, in Manner therein mentioned, to be charged on the said additional Duties;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

E. and Count. of Cassillis against E. Selkirk & al. and Count. of Ruglen and her Son against E. Selkirk et al.

Upon reading the Petition of Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton; setting forth, "That the Petitioner's Appeal stands appointed to be heard on Monday the 18th Instant; and that he is advised, it is necessary that the Cause wherein the Earl and Countess of Cassillis are Appellants, and the Earl of Selkirk and others Respondents, as likewise the Cause wherein the Countess of Ruglen and her Son are Appellants, and the said Earl of Selkirk and others Respondents, be heard at the same Time;" and praying, "That the said Two Appeals may be appointed to be heard at the same Time with the Petitioner's Appeal:"

It is Ordered, That the said Appeals be heard with the Petitioner's Appeal, as desired.

Messages from H. C. to return the Bill for Beauchamp to take the Name of Proctor.

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

To return the Bill, intituled, "An Act for confirming to William Beauchamp Esquire and his Heirs the Surname of Proctor, according to the Direction of the last Will and Testament of George Proctor Esquire, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Cramer et al. Nat. Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Mark Cramer and Samuel Mestrezat," 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 made several Amendments thereunto."

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

Shepherds Shord Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Terms and Powers granted by several Acts of Parliament, for repairing the Highways between Shepherds Shord and The Devizes, and the Top of Ashlington Hill and Rowd Ford, in the County of Wilts."

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

It was Resolved in the Affirmative.

Hedon to Hull North Bridge Road, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Road leading from a Gate called Sacred Gate, on the South Side of the Town of Hedon, in the East Riding of the County of York, through the said Town, to Hull North Bridge."

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 Two preceding Bills.

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

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

Persons neglecting to take the Oaths to indemnity, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law, and for allowing further Time for that Purpose."

Beverley Beck cleansing, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually cleansing, deepning, widening, and preserving a Creek called Beverley Beck, running into the River Hull; and for more effectually repairing the Staiths near the said Beck, and the Roads leading from the said River to the Town of Beverley; and for cleansing the Streets of the said Town, and for regulating the Carriages to and from the said Beck and the River Hull."

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

L. Privy Seal.
L. Steward.
D. Leeds.
D. Argyll.
D. Portland.
M. Tweeddale.
E. Lincoln.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Shaftesbury.
E. Oxford.
E. Rockingham.
E. Harborough.
E. Graham.
E. Malton.
E. Bath.
Vis. Say & Seale.
Vis. Fauconberg.
L. Bp. Rochester.
L. Bp. Gloucester.
L. Bp. Worcester.
L. Bp. Bath & Wells.
L. Bp. St. Asaph.
L. Bp. St. Davids.
L. Delawarr.
L. Willoughby Par.
L. Clifton.
L. Strange.
L. Ward.
L. Cornwallis.
L. Hay.
L. Foley.
L. Romney.
L. Ducie.
L. Monson.
L. Montfort.
L. Ilchester.
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.

Hobbes's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of the Freehold and Copyhold Estates of Rodolph Hobbes Gentleman, deceased, in the County of Bucks, for discharging the Encumbrances affecting the same, and for making Provision for his Widow and Infant Children."

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

Their Lordships, or any Five of them; to meet on Friday the 22d Instant, at the usual Time and Place; and to adjourn as they please.

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on 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."

Mathew's Divorce, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act for dissolving the Marriage of Daniel Mathew Esquire with Penelope Smith his now Wife, and to enable him to marry again, and for other Purposes therein mentioned;" and for hearing Counsel in relation thereunto:

Counsel were accordingly called in.

And Mr. Lloyd and Mr. Erskine appearing for the Bill, but no Counsel for the said Penelope:

The same was read a Second Time.

And the First Counsel was heard at large, to open the Allegations thereof; and produced

Captain George Juer and Susanna Macdowell; who were severally examined, upon Oath, to prove the Marriage of the said Daniel Mathew with the said Penelope, the Manner of their living together afterwards, and of their Separation.

And James Macdowell was likewise examined, in the same Manner, with relation to Jealousies which arose between them; of one Mr. Buckley's indecent Familiarity with Mrs. Mathew, and of her Husband's never visiting her after the said Separation.

After which, several Witnesses were sworn, and examined; who fully proved that indecent and criminal Conversation passed between the said Mr. Buckley and Mrs. Mathews.

Which done; a definitive Sentence of Divorce, obtained in the Consistory Court of the Bishop of London, was produced, and read; as was also, in Part, a Deed of Separation, and Settlement of Estates in the Island of Saint Christophers; which Deed was proved to be acknowledged before the Chief Justice of the said Island.

And one George Douglas was examined, upon Oath, as to the Value of the said Estates.

Then the Second Counsel for the Bill having made some Observations on the Evidence produced:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of Counsel, in relation to the said Bill, be adjourned till To-morrow.

Adjourn.

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

DIE Veneris, 8o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Wigorn.
Epus. Bath. & Wells.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Dux Newcastle.
M. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Thanet.
Comes Aylesbury.
Comes Shaftesbury.
Comes Oxford.
Comes Stanhope.
Comes Harborough.
Ds. Willoughby Par.
Ds. Maynard.
Ds. Ward.
Ds. Cornwallis.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Monson.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Additional Duties upon Wines, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting to His Majesty several additional Duties upon all Wines imported into Great Britain; and for raising a certain Sum of Money, by Annuities and a Lottery, in Manner therein mentioned, to be charged on the said additional Duties."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.

Cramer & al. Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Mark Cramer and Samuel Mestrezat."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen:

To acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.

Cook & al. against Aikenhead.

Upon reading the Petition and Appeal of James Cook, George Cleiland, Andrew Fouller, and Robert Lieth, Baillies of the Borough of Pittenweem, and James Henderson Treasurer of the said Borough; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 13th of December 1743, and 5th of January 174¾ and also of several Interlocutors of the Lords of Session, of the 11th of January 174¾, the 20th of November, the 4th and 19th of December, and 5th of January, 1744; and likewise of Three other Interlocutors of the Lord Ordinary, of the 15th and 31st of January, and 23d of February last, made on the Behalf of David Aikenhead; and praying, "That the House will take into Consideration the Matters of the said Appeal, and give the Appellants such Relief as to their Lordships in their great Wisdom shall seem just:"

It is Ordered, That the said David Aikenhead may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the 5th Day of April next; and that Service of this Order on his known Procurators or Agents before the Court of Session in Scotland be deemed good Service.

Beverley Beck cleansing, &c. Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for more effectually cleansing, deepening, widening, and preserving, a Creek called Beverley Beck, running into the River Hull; and for more effectually repairing the Staiths near the said Beck, and the Roads leading from the said River to the Town of Beverley; and for cleansing the Streets of the said Town; and for regulating the Carriages to and from the said Beck and the River Hull," 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."

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 the former Messengers:

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

Persons neglecting to take the Oaths, indemnifying, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law, and for allowing further Time for that Purpose."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.

Mathew's Divorce, Bill.

The Order of the Day being read, for the further Hearing of Counsel, in relation to the Bill, intituled, An Act for dissolving the Marriage of Daniel Mathew Esquire with Penelope Smith his now Wife; and to enable him to marry again; and for other Purposes therein mentioned:"

Counsel were accordingly called in.

And Mr. Forrester was heard, on the Matter of the Petition of Daniel Smith Esquire, presented to the House the 26th Day of February last; and concluded with desiring, "That the Petitioner might retain the same Security he now does, against any Dispositions Mrs. Mathews, the Petitioner's Niece, might be induced to make to his Prejudice."

Who having done; Wavell Smith and Thomas Budgeon were severally produced, sworn, and examined, as to the Relation the said Daniel Smith bore to the said Mrs. Mathews.

And James Gordon Esquire, Chief Justice of the Island of Saint Christophers, was likewise examined, upon Oath, in relation to the Disposition of Estates in that Island; and also touching the Value of the said Mrs. Mathew's Estate.

After which, the First Counsel for the Bill was heard shortly, as to what was offered in Behalf of the Petitioner Daniel Smith.

And his Counsel having been likewise heard, to make an Observation by Way of Reply:

The Counsel were directed to withdraw.

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next; and the Lords to be summoned.

Adjourn.

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