House of Lords Journal Volume 22: March 1725, 21-31

March 1725, 21-31

DIE Lunæ, 22^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Ash versus Paterson.

This Day the Answer of Sir William Parsons Baronet and Dame Elizabeth his Wife, to the Appeal of Richard Ash Esquire, was brought in.

Papers relating to Halfpay Officers delivered.

The House being informed, "That a Person attended, from the Office of the Secretary at War, with some Papers, pursuant to the Address of this House on Tuesday last:"

He was called in; and presented, at the Bar, the several Papers, intituled, as follow:

"1. An Accompt of what Monies have been paid to the Reduced Officers upon Half-pay in the Year 1722.

"2. An Accompt of what Monies have been paid to the Reduced Officers upon Half-pay in the Year 1723.

"3. An Accompt of what Monies have been paid to the Reduced Officers upon Half-pay in the Year 1724.

"4. Warrants for paying the Savings of the Halfpay for the Year 1722.

"5. Warrants for £755. to several Persons as of His Majesty's Royal Bounty, out of the Savings of Halfpay for the Year 1723."

And then he withdrew.

And the said Titles were read by the Clerk.

Elections in London, to regulate, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government, of the said City."

Ordered, That the said Bill be read a Second Time on Thursday Sevennight.

House to be called.

Ordered, That the House be called over on Thursday Sevennight.

Sir Gervas Clition's Bill.

The House proceeded to take into Consideration the Amendment made by the Commons to the Bill, intituled, An Act to explain and amend an Act passed in the Ninth Year of His present Majesty, intituled, "An Act for vesting the Estates of Sir Gervas Cliston Baronet in Trustees; and to enable him to take an Estate for Life, by Way of Purchase, in Settlements intended to be made of his Estates, on the Marriage of Robert Cliston Esquire, his Son and Heir Apparent."

And the same, being read Thrice by the Clerk, was agreed to by the House; and is as follows:

"Press 5. Line 39. Leave out ["John"], and instead thereof insert ["George."]

And a Message was sent to the House of Commons, by Mr. Holford and Mr. Bennet Junior, to acquaint them therewith.

Deli Croze, Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize Mary Marie de la Croze."

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. Holford and Mr. Bennet Junior:

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

Eyre & al. versus Blake.

Whereas this Day was appointed, for hearing the Cause wherein Edward Eyre Esquire is Appellant, and Thomas Blake and others are Respondents:

It is Ordered, That the Hearing of the said Cause be adjourned till To-morrow; and that the Cause wherein Sir Alexander Maxwell Baronet is Appellant, and Andrew Houstoun Esquire is Respondent, et é contra, appointed for that Day, be adjourned to the First vacant Bye-day after the approaching Recess.

D. Bedford's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for settling the Estates of the most Noble Wriothesley Duke of Bedford, on his Marriage with the Right Honourable the Lady Anne Egerton, Daughter of the most Noble Scroop Duke of Bridgewater," was committed: "That the Committee had gone through the said Bill, and made several Amendments thereunto."

Which being read by the Clerk; some of the said Amendments were agreed to.

And others being disagreed with:

It is Ordered, That the further Consideration of this Report be adjourned till To-morrow.

Parton Harbour Bill.

A Message was brought from the House of Commons, by Sir Wilfrid Lawson and others:

With a Bill, intituled, "An Act for re-building the Pier and Harbour of Parton, in the County of Cumberland;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

Colclough & al. Petition referred to Judges.

Upon reading the Petition of Cæsar Colclough, the Right Reverend Father in God Sir Thomas Vesey Lord Bishop of Ossory, and Agmondisham Vesey Esquire, as also of Cæsar Colclough and Vesey Colclough Infants, the Two Sons of the said Cæsar and Henrietta his now Wife, by the said Agmondisham Vesey their next Friend; praying Leave to bring in a Bill, for enabling the Petitioner Cæsar Colclough the Father, and his Trustees, to sell, or mortgage, a sufficient Part of certain Towns, Lands, and Hereditaments, in the County of Wexford, in the Kingdom of Ireland, comprized in Settlements made by Dudley Colclough the Petitioner Cæsar's late Father; and the Petitioner Cæsar, the Father, to raise and pay the respective Sums of Five Thousand Pounds and Six Thousand Six Hundred Pounds, for the Purposes in the Petition mentioned; the Petitioner Cæsar, the Father, being willing to be barred from committing Waste on any Part of the Premises comprized in the said Settlements, or either of them:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Gilbert; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same; and that One of the Judges do, in Person, deliver into this House the said Bill, with their Report thereupon; and that the Lord on the Woolsack do acquaint the House therewith; and that the Judge, at the same Time, is to signify to their Lordships whether the Standing Orders in relation to Private Bills have been duly observed.

Dr. Sayer Counsel for E. Macclesfield.

Ordered, That Doctor Sayer be added to the Counsel already assigned Thomas Earl of Macclesfield.

Bank Annuities to continue, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the several Annuities of Eighty-eight Thousand Seven Hundred Fifty-one Pounds Seven Shillings and Ten Pence Half-penny, and One Hundred Thousand Pounds, to the Bank of England, until Midsummer One Thousand Seven Hundred Twenty-seven; and from thence, for reducing the same to Seventy-one Thousand and One Pounds Two Shillings and Three Pence Three Farthings, and Eighty Thousand Pounds, redeemable by Parliament; and for preventing the uttering of forged, counterfeited, or erased, Bank Bills or Notes."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to it.

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

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

Tate's Petition touching River Nine, Bill:

A Petition of Bartholomew Tate Esquire, was presented to the House, and read; praying, "That there may be a Saving Clause in the Bill, intituled, "An Act for making more effectual an Act passed in the Parliament holden in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for making the River Nine, or Nen, running from North'ton to Peterborough, navigable:" That nothing therein contained may extend to prejudice a Mill, called Nun Mill, belonging to the Petitioner, which he hath let upon Lease to William Wykes Esquire, but that the said William Wykes may continue to enjoy the same as he now doth."

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

Wykes's Petition for a Saving Clause in River Nine Bill.

Also, a Petition of William Wykes Esquire was presented to the House, and read; praying, "That there may be a Saving Clause in the Bill for making more effectual the Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable; for preserving the Petitioner's Mill and Works, and that he may continue to enjoy the same and every Part thereof as he now doth; and that the Petitioner may be heard, by himself or Counsel, in relation thereto."

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

Westhaughton Common, Bill.

The Lord Bishop of Chester reported from the Lords Committees to whom the Bill, intituled, "An Act to enclose divers Parcels of Waste Grounds, lying and being in Westhaughton, in the County Palatine of Lancaster," was committed: "That the Committee had gone through the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Blake admitted in Forma Pauperis, and Counsel assigned.

A Petition of Robuck Blake, Respondent to the Appeal of William Vaughan, was presented to the House, and read; praying to be admitted in Forma Pauperis; and that Sir Clement Wearge and Mr. Thomas Bootle may be assigned his Counsel, and Mr. Charles Hamilton his Solicitor.

And thereupon an Affidavit of the Petitioner, "That he is not worth Five Pounds," being read:

It is Ordered, That the Petitioner be admitted in Forma Pauperis, according to the Prayer of the said Petition; and be at Liberty to take a Copy of the said Appeal, without paying any Fees; and that Sir Clement Wearge and Mr. Thomas Bootle be assigned the Petitioner's Counsel, and Mr. Charles Hamilton his Solicitor, if not employed on the other Side.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun: Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum tertium diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 23^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

D. Bedford's Bill.

The House (according to Order) proceeded to take into further Consideration the Report of the Amendments made by the Lords Committees to whom the Bill, intituled, "An Act for settling the Estates of the most Noble Wriothesley Duke of Bedford, on his Marriage with the Right Honourable the Lady Anne Egerton, Daughter of the most Noble Scroop Duke of Bridgewater."

And some further of the said Amendments, being read, by the Clerk, was agreed to by the House.

After which, a Clause was offered to be added to the said Bill, for the Payment of Ten Thousand Pounds and Interest, to the Dutchess Dowager of Marlborough, due on a Mortgage of an Estate at St. Giles's in the Fields, Part of the Duke of Bedford's Estate.

And the said Clause, being read Twice, (fn. 2) was agreed to be made Part of the Bill.

Then other Amendments made by the Committee to the Bill were read, and agreed to.

One of which being, to insert the Name of the Duke of Bridgewater, as a Trustee, in the Bill:

His Grace, being asked, declared his Consent to accept the Trust.

And thereupon that as well as the other Amendments were agreed to.

And some other Amendments being made to the Bill:

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

Eyre versus Blake:

After hearing Counsel, upon the Petition and Appeal of Edward Eyre Esquire; complaining of an Order of Dismission of the Twelfth of June last, made by the Court of Chancery in Ireland, in a Cause wherein the Appellant was Plaintiff, and Thomas Blake, Ulick Burke, Walter Taylor, and others, were Defendants; and praying, "That the same may be reversed, and the Appellant's Bill retained in the said Court:" As also upon the Answer of the said Thomas Blake put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement affirmed, with Costs.

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 Order of Dismission therein complained of be, and is hereby, affirmed; and that the Appellant do pay, or cause to be paid, to the Respondent Thomas Blake, the Sum of Eighty Pounds, for his Costs in respect of the said Appeal.

D. of Buckingham's Bill.

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

With a Bill, intituled, "An Act to enable Edmund Duke of Buckinghamshire and Normanby to make Leases (with the Consent of his Guardian and Trustees) of the Manors, Lands, and Estate, therein mentioned;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

And thereupon the Lord Viscount Townshend acquainted the House, "That His Majesty, having been informed of the Contents of this Bill, as to His Interest which might be therein concerned, had no Objection to the passing thereof."

Mayor and Common Council of London, against the Bill for regulating Elections there.

A Petition of the Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled, was presented to the House, and read; praying, "That they may be heard, by their Counsel, against such Parts of the Bill, intituled, "An Act for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government, of the said City," as they humbly apprehend to be prejudicial and inconvenient, before the same do pass into a Law."

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

Gentlemen, Freeholders, of Northampton shire, for River Nine Bill:

A Petition of several Gentlemen, Freeholders, and others, within the County of Northampton, on the Behalf of themselves and such other Persons as live near the River Nine, or Nen, running from Northampton to Peterborough; praying, "That the Bill, intituled, "An Act for making more effectual an Act passed in the Parliament holden in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable," may pass."

Gentlemen, Tradesmen, &c. of the Town of Northampton, for a Saving Clause to River Nine Bill.

Also, a Petition of the Gentlemen, Tradesmen, Freeholders, and Inhabitants, of the Town of Northampton, in Behalf of themselves and several Hundreds of the said Inhabitants; praying, "That a Clause may be inserted in the last mentioned Bill, that nothing therein contained may extend to prejudice the Mill or Works of William Wykes Esquire, for supplying the said Inhabitants with Water, so necessary and useful to the Petitioners; and that the said Mr. Wykes may continue to enjoy the same, as he now doth, or that the said Bill may not pass."

Tradesmen & al. of Town of Northampton for River Nine Bill.

As also, a Petition of the Tradesmen and other Inhabitants of the Town of Northampton; praying, "That the said Bill may pass:"

Were severally presented to the House, and read.

And severally ordered to lie on the Table till the said Bill be read a Second Time.

Stone versus L. Altham & al.

Whereas, by Order of this House of the Fifth Instant, Arthur Lord Altham, Richard Bayly and Charles Annesley Esquires, were required peremptorily to put in their Answer or respective Answers to the Appeal of Richard Stone Esquire in a Week, which they have neglected to do:

And the House being moved, "To appoint a Day for hearing the said Cause; the Earl of Anglesey, One other of the Respondents to the said Appeal, having put in his Answer thereunto:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Fifteenth Day of April next; and that the same be heard ex Parte, as to the Respondents who have not answered.

River Nine Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Parliament holden in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable."

Ordered, That the said Bill be committed to a Committee of the whole House, on Saturday the Tenth Day of April next; and that the several Petitions ordered to lie on the Table till the Second Reading of the Bill be referred to the said Committee; and that Counsel may be heard, before the Committee, on the said Petitions, provided the Number of Counsel exceed not Two of a Side; and the Lords to be summoned.

Westhaughton Common to enclose, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enclose divers Parcels of Waste Grounds, lying and being in Westhaughton, in the County Palatine of Lancaster."

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. Bennet Junior and Mr. Thurston:

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

Parton Harbour Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for re-building the Pier and Harbour of Parton, in the County of Cumberland."

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

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sheffield Hospital Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in Trustees several Lands, Tenements, and Hereditaments, in the Counties of York and Derby, for the Maintenance of the poor Persons in the Hospital of Gilbert Earl of Shrewsbury, long since deceased, situate at Sheffield, in the said County of York; and for enlarging the Building of the said Hospital, and adding more poor Persons to those already established therein."

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. Bennet Junior and Mr. Thurston:

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

Ash versus Sir William Parsons.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Richard Ash Esquire is Appellant, and Sir William Parsons Baronet and Dame Elizabeth his Wife are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday the Fifteenth Day of April next, at Eleven of the Clock.

Brown & al. versus Gibbins.

Upon reading the Petition and Appeal of Henry Brown, Jude Clarkson, Humphrey Drew, Andrew Davis, John Wardell, and Thomas Lloyd; complaining of a Decree of the Master of the Rolls, the Twenty-eighth of February 1722, and the Affirmance thereof by the Lord High Chancellor the Ninth of May 1724, and an Order made by the Lords Commissioners for the Custody of the Great Seal, the Eighth Instant, over-ruling the Exception to the Master's Report made the Sixteenth of November last, in a Cause wherein Richard Gibbins was Plaintiff, and the Petitioners and others were Defendants; and praying, "That the same may be reversed, and the Plaintiffs Bill dismissed with Costs:"

And it appearing, by a Certificate under the Hand of Edward Goldsborough Esquire, Deputy Register of the said Court, "That the last mentioned Order was not entered till the Eighteenth Instant:"

It is Ordered, That the said Richard Gibbins may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Sixth Day of April next.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 24^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Vaughan versus Blake.

This Day the Answer of Robuck Blake Gentleman, to the Appeal of William Vaughan Merchant, was brought in.

Parton Harbour Bill:

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for rebuilding the Pier and Harbour of Parton, in the County of Cumberland," was committed: "That the Committee had gone through the said 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 was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

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

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

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

Blackley & al. versus Leake & al.

After hearing Counsel, upon the Petition and Appeal of James Blakley, Administrator of the Goods and Chattels, Rights and Credits, of Thomas Blakley deceased, and George Huish; complaining of a Decree of the Court of Chancery, made the Eighth of April last, in a Cause wherein the Appellants were Plaintiffs, and John Leake, Mary Hanway Widow, Jonas, William, Mary and Thomas Hanway, Infants, by their Guardian, were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said John Leake, Mary Hanway Widow, Jonas, William, Mary and Thomas Hanways, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

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 Decree therein complained of be, and is hereby, affirmed.

D. of Buckingham's Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Edmund Duke of Buckinghamshire and Normanby to make Leases (with the Consent of his Guardian and Trustees) of the Manors, Lands, and Estates, therein mentioned."

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

Their Lordships, or any Five of them; to meet on Thursday the Eighth Day of April next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Major Part of the Aldermen, for regulating Elections in London Bill.

A Petition of the major Part of the Aldermen of the City of London, was presented to the House, and read; praying to be heard, by their Counsel, for the Bill, intituled, "An Act for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government, of the said City;" and to give such Relief therein as to their Lordships great Wisdom shall seem meet:

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

Hatfield's Petition, concerning Scandal in an Appeal against her.

Upon reading the Petition of Jane Hatfield alias Chichester, Widow and Relict of Leonard Hatfield Esquire deceased, Respondent to the Appeal of Leonard Hatfield Junior Esquire; complaining, "There are many Paragraphs and Parts of the said Appeal scandalous, impertinent, and greatly reflecting on the Petitioner, charging her with Crimes not contained in the Pleadings, and wholly improper and indecent to be mentioned or suggested;" and praying, "That this House will take the same into Consideration:"

It is Ordered, That the Appellant may have a Copy of the said Petition; and that the Petitioner be at Liberty, at the Hearing the said Cause, to lay the Matter of her Complaint before the House.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for repairing and amending the Road from Biggleswade, in the County of Bedford, to Bugden, and through Alconberry, to the Top of Alconberry Hill, or Cross Post leading into Sautery Lane, on the York and Edinburgh Road, and from the said Town of Bugden to the Town of Huntingdon, and from Cross Hall, in Eaton Sokon, in the said County of Bedford, to Great Stoughton Common, in the said County of Huntingdon;" to which they desire the Concurrence of this House.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales sitting in his Place, on His Majesty's Right Hand, in his Robes; the Lords being all likewise in their Robes; commanded the Gentleman Usher of the Black Rod to signify to the Commons, "That they attend His Majesty, immediately, in this House."

Who being come, with their Speaker; he made the following Speech to his Majesty; (videlicet,)

"May it please Your Majesty,

Speaker of H. C. Speech:

"Your Majesty's faithful Commons, in order to raise the necessary Supplies for carrying on the Public Service, have prepared a Bill, intituled, "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 Twenty-five; and for transferring the Deficiency of a late Malt Act to this Act; and for explaining a late Act in relation to Stamp Duties on News Papers; and for appropriating the Supplies granted in this Session of Parliament; and for disposing certain Overplus Money to proper Objects of Charity; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts:" And as the Duties by this Bill granted are proportioned and laid with due Regard to the Circumstances and Abilities of every Part of the United Kingdom; Your Commons assure themselves of Your Majesty's Gracious Acceptance; and do therefore chearfully present it to Your Majesty, for Your Royal Assent.

"And, for the Encouragement of Trade and Navigation, which Your Majesty was graciously pleased to recommend to Your Commons at the Beginning of this Session, Your Commons have prepared a Bill, intituled, "An Act for rating such unrated Goods and Merchandizes as are usually imported into this Kingdom, and pay Duty ad Valorum, upon the Oath of the Importer; and for ascertaining the Value of all Goods and Merchandizes not inserted in the former or present Book of Rates; and for repealing certain Duties upon Drugs, and Rags; and for continuing the Duty upon Apples; and for ascertaining the Method of admeasuring Pictures imported;" which they now humbly offer to Your Majesty, for Your Royal Assent.

"And, that no Session may pass without making some Progress in the discharging the National Debt, Your Commons have prepared a Bill, intituled, "An Act for continuing the several Annuities of Eightyeight Thousand Seven Hundred and Fifty-one Pounds Seven Shillings and Ten Pence Halfpenny, and One Hundred Thousand Pounds, to the Bank of England, until Midsummer One Thousand Seven Hundred Twenty-seven; and from thence, for reducing the same to Seventy-one Thousand and One Pounds Two Shillings and Three Pence Three Farthings, and Eighty Thousand Pounds, redeemable by Parliament; and for preventing the uttering of forged, counterfeited, or erased Bank Bills or Notes:" And as this Reduction of Interest will improve and augment the Sinking Fund, and thereby gradually pay off and lessen the Public Debts; Your Commons present this Bill likewise to Your Majesty, for Your Royal Assent."

Which being ended; the Speaker delivered the abovementioned Bills to the Clerk; who brought them to the Table; where the Clerk of the Crown read the Titles of those and the other Bills to be passed, severally, as follow; (videlicet,)

Bills, passed.

"1. An Act for continuing the Duties on 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 Twenty-five; and for transferring the Deficiency of a late Malt Act to this Act; and for explaining a late Act in relation to Stamp Duties on News Papers; and for appropriating the Supplies granted in this Session of Parliament; and for disposing certain Overplus Money to proper Objects of Charity; and for making forth Duplicates of Exchequer Bills, Lottery Tickets and Orders, lost, burnt, or otherwise destroyed; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."

"2. An Act for rating such unrated Goods and Merchandizes as are usually imported into this Kingdom, and pay Duty ad Valorem, upon the Oath of the Importer; and for ascertaining the Value of all Goods and Merchandizes not inserted in the former or present Book of Rates; and for repealing certain Duties upon Drugs and Rags; and for continuing the Duty upon Apples; and for ascertaining the Method of admeasuring Pictures imported."

"3. An Act for continuing the several Annuities of Eighty-eight Thousand Seven Hundred and Fifty-one Pounds Seven Shillings and Ten Pence Halfpenny, and One Hundred Thousand Pounds, to the Bank of England, until Midsummer One Thousand Seven Hundred Twenty-seven; and from thence, for reducing the same to Seventy-one Thousand and One Pounds Two Shillings and Three Pence Three Farthings, and Eighty Thousand Pounds, redeemable by Parliament; and for preventing the uttering of forged, counterfeited, or erased Bank Bills or Notes."

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

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

"4. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

"5. An Act for repairing the Roads therein mentioned, from the Parish of Enfield, in the County of Middlesex, to the Town of Hertford, and to the great Bridge in Ware, in the County of Hertford."

"6. An Act for repairing part of the Road from London to Cambridge, beginning at the End of the Parish of Foulmire, in the said County, next to Barly, in the County of Hertford, and ending at the Pavement in Trumpington Street, in the Town of Cambridge."

"7. An Act for enlarging the Term granted by an Act made in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for repairing and amending the Highways leading from Seven Oaks to Woodsgate and Tunbridge Wells, in the County of Kent; and for explaining and making more effectual the same Act; and for amending, out of the Tolls and Duties arising by the said Act and this present Act, the Highways leading from Woodsgate aforesaid to Kippings Cross, in the Parish of Brenchly, in the said County of Kent."

"8. An Act for repairing and widening the Road from Sherbrooke Hill, near Buxton, and Chappel in the Frith, in the County of Derby, to Manchester, in the County of Lancaster."

"9. An Act to enable the Justices of the Peace for the East Riding of the County of York to take down the County Bridge, called Stanford Bridge; and to build a Stone Bridge, at a more convenient Place, over the River Darwent, in the said Riding, instead thereof."

"10. An Act for incorporating the Executors of the last Will and Testament of Thomas Guy, late of the City of London, Esquire, deceased, and others, in order to the better Management and Disposition of the Charities given by his said last Will."

"11. An Act for re-building the Pier and Harbour of Parton, in the County of Cumberland."

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

"Le Roy le veult."

"12. An Act for explaining a Power contained in the Settlement of the Dutchess of Bolton's Estate, on her Marriage with the present Duke; and making the same more effectual for the Purposes thereby intended."

"13. An Act for vesting the Manor and Lands of and in Brignal, in the County of York, late the Estate and Inheritance of Richard Earl Rivers, deceased, in Trustees, to be sold, towards discharging the Incumbrances affecting his Estate in the County of Chester."

"14. An Act to enable Arthur Lord Viscount Irwyn to raise Money, by Mortgage or Sale of certain Estates, in the Counties of York, Lincoln, Oxon, and City of London, for Payment of Debts, Legacies, and Portions, charged thereupon; and to settle the Estates therein mentioned on Henry Ingram Esquire, his next Brother, and his Heirs."

"15. An Act to enable the Lords Commissioners of the Treasury, or Lord High Treasurer, for the Time being, to compound with Edmund Ashby, for his Part of a Debt due to the Crown, on Account of his having been Surety for Benjamin Blundell, late Receiver General of the Land Tax and Duties on Houses for the County of Leicester."

"16. An Act to explain and amend an Act passed in the Ninth Year of His present Majesty, intituled, An Act for vesting the Estates of Sir Gervas Cliston Baronet in Trustees; and to enable him to take an Estate for Life, by Way of Purchase, in Settlements intended to be made of his Estates, on the Marriage of Robert Cliston Esquire, his Son and Heir Apparent."

"17. An Act for vesting Part of the Estate of Sir Edward Blacket Baronet in Trustees, to be sold, for raising Eight Thousand Pounds, charged thereupon by his late Brother's Marriage Settlement."

"18. An Act for enabling Elizabeth Rushout, Lady of the Manor of Over Swell, in the County of Gloucester, to enclose all and every the Lands lying within the said Manor or Parish of Over Swell, in Pursuance of several Agreements therein mentioned to have been made between the said Elizabeth Rushout and the Rector of the Parish aforesaid; and between the said Elizabeth and the Churchwarden and Parishioners of the said Parish; and to establish the said Agreements."

"19. An Act to enable James Bateman Esquire to sell the Manor of Tooting Graveney, and all other his Estate, in the County of Surrey; and, with the Monies arising thereby, to purchase the Manors of Well and Alford, and other Lands in the County of Lincoln, to be settled to the same Uses as the said Estate in Surrey stands settled."

"20. An Act for discharging certain Lands at Eccleshall, in the County of Stafford, from the Uses and Limitations contained in the Marriage Settlement of Thomas Boothby Skyrmsher Esquire; and for settling other Lands in the same County, of greater Value, to the same Uses."

"21. An Act for Sale of the Moiety of a Farm called Stony Grainge Farm, in the Isle of Ely, to Jabez Collier Gentleman; and for applying the Money arising thereby in the Purchase of other Lands, to be settled to the same Uses."

"22. An Act for Sale of an Estate late of Henry Hawkins, Citizen of London, deceased, for the Benefit of his Widow and Children; and other Purposes therein mentioned."

"23. An Act for enabling John Phillips Esquire, and his Issue, to take and use the Surname of Goodwin."

"24. An Act to enable Simon Thorowgood Gentleman to change his Surname of Thorowgood to that of Lord."

"25. An Act to naturalize Marie De la Croze."

To these Bills the Royal Assent was pronounced, severally, 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.

Doorkeeper suspended, for admitting Strangers.

Notice being taken to the House, of the great Crowd of Strangers which were admitted therein, when His Majesty was on the Throne, contrary to the Standing Orders of this House:

It is Ordered, That the Doorkeeper attending at the Door usually called The Bishops Door be suspended, during the Pleasure of this House.

Rice and Hussey, for Papers, and Decree to be drawn up.

Upon reading the Petition of Dominick Rice and Thomas Hussey, Appellants in a Cause depending in this House, to which Katherine Sheehy is Respondent; setting forth, That a Lease made to the Petitioner Rice, by Hussey, of some Lands in Ireland, and a Letter of Attorney from the Respondent, were, by Order of the Court of Chancery in that Kingdom, deposited there; and that the Petitioners cannot make out their Case without the said Letter of Attorney and Lease;" and praying That the same may be ordered forthwith to be delivered to them, to be made Use of on hearing the Appeal; and that the Decree appealed from may be drawn up forthwith:"

It is Ordered, That the proper Officer do cause the said Decree to be drawn up forthwith; and that such Writings as the Petitioners deposited in the said Court be delivered to them, or such Person as they shall appoint.

Vaughan versus Blake.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Vaughan Merchant is Appellant, and Robuck Blake Gentleman is Respondent:"

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

Bryan to enter into Recognizance for Rice, &c.

The House being moved, "That Gerrard Bryan may be permitted to enter into a Recognizance for Dominick Rice and Thomas Hussey, on Account of their Appeal depending in this House, to which Katherine Sheehy is Respondent; the Appellants residing in Ireland:"

It is Ordered, That the said Gerrard Bryan may enter into a Recognizance for the said Appellants, as desired.

Turner's Petition referred to Judges.

Upon reading the Petition of Charles Turnour of Parendon in the County of Essex Esquire, Edward Turnour of Shillingly in the County of Sussex Esquire, Isabella Turnour Eldest Daughter of the said Charles Turnour, and Dorothea Turnour another Daughter of the said Charles Turnour, an Infant, by the said Charles Turnour her Father; praying Leave to bring in a Bill, for vesting the Manor of Great Hallingbury, and all the Premises in the several Parishes of Great Hallingbury, Little Hallingbury, Stansted Mount Fitchett, and Hatfield, in the County of Essex, and the Forest and Chase thereto belonging, and also all the Premises in South Mims, in the County of Midd'x, and Ridge, in the County of Hertford, and Winterton, in the County of Norfolk, upon Trust, to sell the same, and apply the Money arising thereby for Payment of the Debts charged upon the said Premises, or any Part thereof; and, in the next Place, to pay off and discharge the Petitioner Charles his Debts, and making suitable Provisions for the Petitioners Isabella and Dorothea, the only Children of the Petitioner Charles:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Justice Tracy; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same; and that One of the Judges do, in Person, deliver into this House the said Bill, with their Report thereupon; and that the Lord on the Woolsack do acquaint the House therewith; and the Judge, at the same Time, is to signify to their Lordships whether the Standing Orders in relation to PrivateBills have been observed.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tricesimum primum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 31^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Neilson versus Murray.

The Answer of John Murray of Conheath, to the Appeal of John Neilson of Chappel, was brought in.

Widdrington's Bill.

The Earl of Warrington reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Estate of Ralph Widdrington Esquire in Trustees, to be sold, for Payment of the Debts of the said Ralph Widdrington," was committed: That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the said Bill, and made One Amendment thereunto."

Which was read Twice, and agreed to.

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

Campbell versus Campbell, et è contra.

Whereas To-morrow is appointed, for hearing the Cause wherein George Campbell of Edinburgh Surgeon is Appellant, and Elizabeth, Marion, and Anne Campbells, Infants, by Elizabeth Campbell their Mother and Guardian, are Respondents; et è contra:

And the House being moved, "That the said Hearing may be put off for some Time, in regard the Parties have entered into Bonds of Arbitration:"

And thereupon Mr. Gordon and Mr. Alexander Hamilton, their Agents, were called in; and severally declaring, "They desired the said Hearing may be put off:"

And being withdrawn:

It is Ordered, That the Hearing the said Causes be adjourned till after the Causes already appointed are determined

Inhabitants of Gloucester, against Gloucester Charity Bill.

Upon reading the Petition of several Persons, being Inhabitants of the East Ward, South Ward, North Ward, and West Ward, within the City of Gloucester, paying Three Pence per Week in their own Right to the Relief of the Poor of the said City; praying to be heard, by their Counsel, against the Bill, intituled, "An Act for repealing an Act of Parliament made in the First Year of Her late Majesty Queen Anne, intituled, An Act for the incorporating certain Persons, for the better providing for, and setting at Work, the Poor of the City of Gloucester; and for incorporating certain Persons, under the Name of the Governor, Deputy Governor, and Guardians, of the Charity School and Poor of the City of Gloucester; and other Purposes therein mentioned:"

It is Ordered, That the said Petition be referred to the Lords Committees to whom the Bill stands committed; and that the Petitioners may be heard, by their Counsel, against the same, before the said Committee, if their Lordships think sit.

Lady Holford's Charity Bill.

Upon reading the Petition of the most Reverend Father in God William Lord Archbishop of Canterbury, and of Simon Lord Viscount Harcourt, and Christopher Appleby of The Middle Temple, London, Gentleman; praying Leave to bring in a Bill, to vest the Real Estate of Dame Elizabeth Holford deceased, in the Parish of Saint Olaves, Hart Street, London, in the Petitioner Christopher Appleby and his Heirs, for the better enabling him to sell the same, towards the Discharge of the charitable and other Legacies given by the Will of the said Dame Elizabeth Holford:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and Mr. Baron Gilbert; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same; and that One of the Judges do, in Person, deliver into this House the said Bill, with their Report thereupon; and that the Lord on the Woolsack do acquaint the House therewith; and the Judge, at the same Time, is to signify to their Lordships whether the Standing Orders in relation to Private Bills have been duly observed.

Foster & Ux. versus Savage.

Upon reading the Petition of George Savage, Respondent to the Appeal of W'm Foster and his Wife, presented to the House the Nineteenth of this Instant March; complaining of a Decree of the late Lord Chancellor, the Nineteenth of June 1724, and an Order of the same Court the Twenty-seventh of February last; setting forth, amongst other Things, "That the Petitioner conceives, and is advised, it was not the Intention of the Standing Order of this House, which limits the Times for exhibiting Appeals, to allow the bringing in the same from an Order of such a Nature as is complained of in the said Appeal of the said Foster and his Wife;" and praying, "That the said Appeal may be dismissed, and further Relief given him:"

It is Ordered, That the Appellants may have a Copy of the said Petition; and that the same be taken into further Consideration on Friday next; at which Time One Counsel, or Solicitor, of a Side, may be heard, at the Bar, upon the Matters therein contained.

Bagenal versus Bagenal & al.;

After hearing Counsel, upon the Petition and Appeal of Walter Bagenal Esquire; complaining of several Orders and Decrees of the Court of Chancery in Ireland, made the Twenty-seventh of May and Twenty-fifth of Jnne 1717, the Twentieth and Twenty-fifth of February 1723, the Master's Report, and other Proceedings, in certain Causes, wherein Anne Bagenal, Philip Savage deceased, Nicholas Bagenal by his Guardian George Mathew, and Dudley Bagenal, were Plaintiffs, and the Appellant and Benjamin Burton were Defendants; and wherein the Appellant was Plaintiff, and the said Anne Bagenal, George Mathew, Dudley Bagenal, Benjamin Burton and others, were Defendants; and praying, "That the said Orders, Decrees, and subsequent Proceedings, may be reversed:" As also upon the Answer of the said Anne Bagenal, George Mathew, Nicholas and Dudley Bagenal, Benjamin Burton, and the Executors of the said Philip Savage, put in to the said Appeal; and due Consideration and Debate 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 Decree of the said Court of Chancery, of the Twentyfifth of June 1717, complained of in the said Appeal, be, and is hereby, affirmed; saving that Part thereof, which directs, "That the Respondent Anne should have an Allowance for what she expended in Law Suits;" which Direction is hereby reversed: And it is further Ordered and Adjudged, That so much of the Order of the said Court, of the Twentieth of February 1723, which over-rules the Third Exception, and directs the Interest of the Two Thousand Pounds to be computed from the Date of the Deed of the Sixth of February 1712, be, and is hereby, reversed: And it is hereby further Ordered, That the Court of Chancery do cause an Accompt to be taken from what Time the said Two Thousand Pounds might have been raised out of the Yearly Rents and Profits of the Lands; and that from that Time the said Two Thousand Pounds shall be payable with Interest; and that so much of the Money as hath been paid already to the Respondent Anne shall, in the First Place, go towards discharging the Interest, and the Surplus towards the Discharge of the Principal Money; and so much as remains unpaid of the said Principal and Interest shall be paid to her by the Respondent Burton out of the Money in his Hands: And it is likewise further Ordered and Declared, That the Five Thousand Pounds to be raised for the Younger Children of the Respondent Anne and her deceased Husband Dudley Bagenal is to be raised by Mortgage or Sale; and that the Appellant, out of the Profits of the Lands subject to the said Portions by him received, is to be accomptable for no more than is sufficient to keep down the Interest of the said Portions; and that what remains due to the said Children, for Principal Money and Interest, shall be raised by Mortgage or Sale: And it is further Ordered and Ad judged, That the Court of Chancery do cause an Accompt to be taken of what is due to the Respondents Nicholas and Dudley Bagenal for the Interest of their Portions respectively; and that what remains due to them respectively, for such Interest, shall be first paid by the Appellant out of the Rents and Profits of the Lands by him received, deducting all reasonable Allowances for Money expended by him on account of the Estate, or of the said Nicholas and Dudley respectively; and that what yet remains due for Principal and Interest shall be paid by the Respondent Burton, as far as the Money in his Hands shall extend; and if that be not sufficient, the Residue shall be raised by Mortgage or Sale of the Lands; and that all other Parts of the said Orders, Decrees, and Proceedings, complained of, which vary from, or are inconsistent with, the Directions herein contained, be, and the same are hereby, reversed; but that the said Orders, Decrees, and Proceedings, as to all other Parts thereof, be, and are hereby, affirmed: And it is further Ordered, That the said Court of Chancery do give proper Directions, for the better Execution of this Judgement, as shall be just.

D. of Bedford's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for settling the Estates of the most Noble Wriothesley Duke of Bedford, on his Marriage with the Right Honourable the Lady Anne Egerton, Daughter of the most Noble Scroop Duke of Bridgewater."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, primum diem Aprilis jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.

Die Mercurii, 1^o Decembris, 1725, hitherto examined by us,

Jo. Carliol.
Jo. Norwich.
De Lawarr.