House of Lords Journal Volume 23: April 1730, 11-20

April 1729, 11-20

DIE Sabbati, 11^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Order on Dee's Petition varied.

The House being moved, "To vary the Order made Yesterday, upon the Petition of Nicholas and Edward Dee Gentlemen, and Thomas Mellersh Yeoman, for the delivering back of Writings, lodged in the Hands of a Master in Chancery, pursuant to a former Order:"

It is Ordered, That the said Order be so far varied, as that the Master do not deliver up the Writings therein mentioned, till the next Session of Parliament, and further Order of this House.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for importing Salt from Europe, into the Colony of New York in America;" to which they desire the Concurrence of this House.

Hopkins et Ux. versus Honywood.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Bertie Hopkins Gentleman and Margaret his Wife; complaining of such Part of an Order of the Court of Chancery, of the Seventh of December 1728, made in a Cause wherein the Appellants were Plaintiffs, and Isaac Honywood Esquire, by Bill of Revivor, was Defendant, as directs certain issues to be tried at Law; and praying, "That the same may be reversed, and the Defendant's Exceptions to the Master's Report overruled:" As also upon the Answer of the said Isaac Honywood put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order reversed, and Exceptions to be proceeded on.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That such Part of the said Order as is complained of in the said Appeal be, and is hereby, reversed: And it is further Ordered, That this House will proceed to hear Counsel on both Sides, upon the Exceptions taken to the Master's Report, on Monday next; and that the Cause wherein Alured Pincke Esquire and Elizabeth Lady Bergavenny his Wife are Appellants, and Anne Lady Dowager Bergaveny is Respondent, be put off to Tuesday; and the other Causes removed in Course.

Adjourn.

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

DIE Lunæ, 13^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Worcester Work-house Bill:

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

With a Bill, intituled, "An Act for amending and making more effectual an Act, made in the Second and Third Years of the Reign of the late Queen Anne, intituled, "An Act for erecting a Work-house in the City of Worcester, and for setting the Poor on Work there;" to which they desire the Concurrence of this House.

Road from Galley Corner to Lemsford Mill, to repair, Bill.

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

With a Bill, intituled, "An Act for repairing the Road leading from Galley Corner, adjoining to Endfield Chase, in the Parish of South Mims, in the County of Middlesex, to Lemsford Mill, in the County of Hertford;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

Mr. Tryon against the Countess Dowager Ferrers et al. Bill.

Upon reading the Petition of Charles Tryon Esquire, on the Behalf of himself and the Lady Mary his Wife, and their Issue; praying to be heard, by Counsel, against the Bill for making effectual an Agreement between the Countess Dowager Ferrers and her Sons, and Lawrence Shirley Esquire, Brother of the present Earl Ferrers, a Lunatic, to whom he is Committee, in Behalf of himself and his Sons:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioner may be heard, by his Counsel, before the said Committee, in relation to the said Bill.

Hopkins et Ux. versus Honywood:

The House (pursuant to the Order of Saturday last) proceeded to the hearing Counsel, upon the Exceptions taken to the Master's Report, by Isaac Honywood Esquire, in a Cause wherein Bertie Hopkins Gentleman and Margaret his Wife were Plaintiffs, and the said Isaac Honywood was Defendant.

And the Counsel on both Sides having accordingly been heard, in relation to the Exceptions; and due Consideration had of what was offered thereupon:

Order on Exceptions.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Isaac Honywood, Respondent to the Appeal of the said Bertie Hopkins and his Wife, do, within One Month from this Day, pay into the Bank, in this Cause, the Sum of Four Thousand Five Hundred Fifty-six Pounds, Five Shillings, the Money reported due to the Appellants by the Master, to be there lodged as a Deposit, to be disposed of by the Court of Chancery, according to the Event of the Cause; and if the said Respondent doth not pay in the Money within the Time aforesaid, then the said Exceptions are to be over-ruled, and the Master's Report confirmed, and the Court of Chancery to proceed in the Cause; but if the Respondent shall, within the Time aforesaid, pay the Sum of Money abovementioned into the Bank, then the Court of Chancery is hereby directed to appoint Three Merchants to take the Accompt in Question between the Parties; in order to the taking of which Accompt, all Books, Papers, Writings, and Accompts, heretofore brought into the said Court, or before the Master, by any of the Parties, are to be brought before the Merchants to be so appointed; and all other Books, Papers, Writings, and Accompts, in the respective Custody or Power of the said Parties, are, upon their respective Oaths, to be produced before the said Merchants; and all other Proceedings in the Cause may be laid before them, as the Parties shall respectively desire; and the said Merchants are also to inquire, whether any Books, or Accompts, relating to the Partnership, are secreted and not produced by either of the Parties; and if any such Books or Accompts be material, to certify the same to the Court, who are to give proper Directions thereon; and the said Three Merchants, or any Two of them, are to take the Accompt between the Parties, and settle the same; and, after such Accompt taken, to report to the Court what appears to them to be due to either of the Parties; and the Court to do thereupon what shall be just.

Sir Richard Levinge versus Lady Levinge, Pleadings proved.

The House being informed, "That Mr. William Johnson attended, and desired to deliver in certain Papers and Proceedings, in the Cause wherein Sir Richard Levinge Baronet is Appellant, and Dame Mary Levinge Respondent.

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

And then he withdrew.

Murphy versus Browns; Pleadings proved.

Also another Person, on the like Information, was called in, and sworn; and delivered several Pleadings and Proceedings, in the Cause wherein Samuel Murphy is Appellant, and William Brown and Hugh Brown are Respondents; and made the same Attestation.

And withdrew.

Breton's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for repealing and explaining Part of an Act, passed in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, "An Act for vesting Part of the Estate of Moyle Breton Esquire in Trustees, to be sold, for the raising Three Thousand Pounds, charged on other Part of the same Estate; and for other Purposes therein mentioned," by appointing other Lands to be sold than by the said Act are directed," 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 Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Sir W. Barker versus Damer & al.

The House being moved, "That Sir William Barker Baronet may have Leave to amend his Appeal, to which John and Joseph Damer, and Nathaniel Evans, are Respondents; no Copy thereof having been as yet taken out:"

It is Ordered, That the Appellant be at Liberty to amend his said Appeal, as desired.

Adjourn.

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

DIE Martis, 14^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Pincke and Lady Abergavenny versus Lady Dowager Abergavenny.

After hearing Counsel, upon the Petition and Appeal of Alured Pincke Esquire and Elizabeth Lady Dowager Bergevenny his Wife; complaining of certain Orders of the Court of Chancery, made the First and Eighth of May last, in a Cause wherein Anne Lady Dowager Bergevenny was Plaintiff, and the Appellant the Lady Elizabeth was Defendant; and praying, "That either the Appellants Exception may stand, and be set down to be argued according to an Order of the said Court of the Thirtieth of April last; or that the Demurrer and Pleas put in to the Third amended Bill may be re-argued:" As also upon the Answer of the said Anne Lady Dowager Bergevenny put in to the Appeal; and due Consideration had of what was offered on either Side in this Cause:

Orders 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 Orders therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said Respondent, the Sum of One Hundred Pounds, for her Costs in respect of the said Appeal.

Limehouse and Ratchffe, a distinct Parish, Bill:

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

With a Bill, intituled, "An Act for making the Hamlet of Limehouse, and Part of the Hamlet of Ratcliffe, in the Parish of St. Dunstan Stebonheath, alias Stepney, in the County of Middlesex, a distinct Parish; and for providing a Maintenance for the Minister of the new Church there;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Malt Bill.

Hodie 2^a vice lecta est Billa, 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 Thirty; for exempting from the said Duties Cyder and Perry used for Distilling; for ascertaining the Bounty for Malt exported; for better preventing Frauds in the Malting of Corn for Exportation; for making good the Deficiency of a late Malt Act; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."

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

Lords to be summoned on State of the Nation; and Causes put off.

Ordered, That the Lords be summoned, to attend on Thursday next, when the State of the Nation is appointed to be taken into further Consideration; and that the Cause wherein John Cokburne Esquire is Appellant, and Colonel Patrick Ogilvie Respondent, appointed for that Day, be put off to Friday; and the other Causes removed in Course.

Worcester Workhouse Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for amending and making more effectual an Act, made in the Second and Third Years of the Reign of the late Queen Anne, intituled, "An Act for erecting a Work-house in the City of Worcester, and for setting the Poor on Work there."

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 this Day Sevennight, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Counsel to be heard, for and against it.

Upon reading the Petition of the Mayor, Aldermen, and Citizens, of the City of Worcester; praying, "That they may be heard, by themselves or Counsel, against the Bill for amending and making more effectual an Act, made in the Second and Third Years of the Reign of the late Queen Anne, intituled, "An Act for erecting a Workhouse in the City of Worcester, and for setting the Poor on Work there," before the same do pass:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioners may be heard, as desired, in relation thereunto; as may Counsel also be heard for the Bill, at the same Time.

Breton's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repealing and explaining Part of an Act, passed in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, "An Act for vesting Part of the Estate of Moyle Breton Esquire in Trustees, to be sold, for the raising Three Thousand Pounds, charged on other Part of the same Estate, and for other Purposes therein mentioned, by appointing other Lands to be sold than by the said Act are directed."

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. Allen:

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

Salt into New York, Bill:

Hodie 1^a vice lecta est Billa, intituled, " An Act for importing Salt from Europe, into the Colony of New York in America."

Road from Galley Corner to Lemsford Mill, to repair, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from Galley Corner, adjoining to Endfield Chase, in the Parish of South Mims, in the County of Middlesex, to Lemsford Mill, in the County of Hertford."

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

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum quintum diem instantis Aprilis, hora undeeima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 15^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir W. Dodwell's Bill:

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, " An Act to enable Trustees to make Leases of the Estate late of Sir William Dodwell Knight, deceased, during the Infancy of Mary Dodwell, his only Child; and for other Purposes therein mentioned," was committed: " That they had considered the said Bill; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill; and directed him to report the Bill to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Warwickshire Road to repair, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road leading from a Gate called Shipston Tollgate, at Bridgetown, 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," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Radcliffe versus Fursman.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Walter Radcliffe Esquire is Appellant, and Martha Fursman, an Infant, by Peter Burnaford Clerk her Guardian, 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.

Hodgson versus E. of Warrington.

Upon reading the Petition and Appeal of William Hodgson Gentleman; complaining of a Decree of the Court of Chancery, made the Second Day of March last, in certain Causes, wherein the Appellant was Plaintiff, and Thomas Warren and George Earl of Warrington were Defendants; and wherein Henry Booth Esquire was Plaintiff, and the Appellant and the said Thomas Warren were Defendants; and which, upon the Deaths of the said Henry Booth and Thomas Warren, were revived by the said Earl and the said Appellant; and praying, "That he may be relieved, and the said Decree rectified in the several Particulars complained of:"

It is Ordered, That the said Earl of Warrington may have a Copy of the said Appeal; and put in his Answer thereunto, in Writing, on or before Wednesday the Twenty-ninth Day of this Instant April.

No more Appeals to be received this Session, except Mr. Folkes's.

Ordered, That no more Appeals be received this Session, except the Appeal of Thomas Folkes Esquire, from an Order of the Court of Exchequer, concerning the drawing up and entering whereof an Order was made by this House the Twenty-third of March last.

Sir W. Stanhope's Report from the Judges, to be further considered.

After reading the Report of the Judges to whom the Petition of Sir William Stanhope Knight of the Bath, Dame Susanna his Wife, John Rudge Esquire, Father of the said Dame Susanna, and Philip Earl of Chesterfield, was referred; praying Leave to bring in a Bill, for Sale of Part of an Estate, settled on the Marriage of the said Sir William Stanhope, for Payment of Debts, and other Purposes in the said Petition mentioned:

It is Ordered, That the said Report be taken into further Consideration To-morrow.

Small versus Wings:

Counsel (according to Order) were called in, to be heard, in the Cause wherein Alexander Small, Administrator of the Goods and Chattels of Mary his Wife, lately deceased, is Appellant, and Richard Wing and John Wing are Respondents.

And the Appellant's Counsel being heard accordingly:

They were all directed to withdraw.

And being withdrawn:

Hearing adjourned.

It is Ordered, That the further Hearing thereof be adjourned till To-morrow:

State of the Nation put off

And that the further Consideration of the State of the Nation be adjourned to Friday next; and the Lords to be summoned.

Adjourn.

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

DIE Jovis, 16^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Anglesey's Privilege; Serjeant at Arms called upon, touching the Execution of the Order to attach Persons in Ireland:

The Serjeant at Arms being called upon, to give an Account of what he had done, touching the Execution of the Order of this House, made the Eighteenth of March last, for taking into Custody Peter Connick and John Cliffe, on the Complaint of the Earl of Anglesey, of a Breach of Privilege: He acquainted their Lordships, "That he employed one Thomas Hollinshead, as his Deputy, to execute the said Order; who was attending at the Door."

Whereupon the said Hollinshead was called in; and examined, upon Oath, at the Bar, touching what he had done in Execution of the said Order.

And being withdrawn:

Hollinshead committed, for Neglect of it.

It is Ordered, That the said Thomas Hollinshead be, for his Neglect, in not duly executing the said Order, committed to the Prison of The Gatehouse, Westminster, there to be kept in safe Custody until further Order of this House; and that the said Serjeant at Arms do forthwith deliver him to the Keeper of the said Prison accordingly.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for providing a Maintenance for the Minister of the new Church near Bloomsbury Market, in the County of Middlesex; and for making more effectual an Act passed in the Fourth Year of His late Majesty's Reign, for empowering the Commissioners for building the Fifty new Churches to direct the Parish Church of St. Giles in the Fields, in the said County, to be rebuilt, instead of One of the said Fifty new Churches;" to which they desire the Concurrence of this House.

Small versus Wings:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Alexander Small, Administrator of the Goods and Chattels of Mary his Wife, lately deceased; complaining of a Decree of the Court of Chancery, made the Eighteenth of November One Thousand Seven Hundred and Twenty-three, in a Cause wherein the Appellant was Plaintiff, and Richard and John Wing, and Mary Wing, since deceased, were Defendants; and praying, "That the same, and all subsequent Proceedings grounded thereon, may be reversed, in certain Particulars mentioned in the said Appeal; and that the Appellant may have such Relief as shall be just:" As also upon the Answer of the said Richard and John Wing 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 so much of the First Part of the said Decree, as declares, "That the Testator's Intent was, that his Debts and Legacies should be raised out of the Yearly Rents and Profits of the Trust Estate, without Sale of any Part thereof; and that his Debts should be satisfied before his Legacies;" and that dismisses the Appellants Bill, so far as the same seeks a Sale of the Trust Estate in the Appeal mentioned, be, and the same is hereby, affirmed; but as to so much of the First Part of the said Decree, which dismisses the Bill, so far as it seeks Payment of Interest for the Two Legacies of One Thousand Pounds each, mentioned in the said Appeal, the same is hereby reversed: And it is further Ordered, That the Allowance of Thirty Pounds per Annum, made for the Maintenance of the Appellant's late Wife, be carried on, from her Death, to the Time that the Appellant shall be entitled to Interest for the said Legacies; and that the same be paid to the Appellant out of the Rents and Profits of the said Trust Estate: And with respect to the said Interest, it is hereby Ordered, That it be referred to the Master, to inquire when, and at what Time, the Debts of the Testator Peter Wing, Father of the Respondents, might have been paid or satisfied by his Personal Estate, and the Two Hundred and Fifty Pounds per Annum payable by Peter Wing the Son, in respect of the Brewhouse in the said Appeal mentioned to be devised to him, and by Perception of the Profits of the said Trust Estate, if the same had been duly applied; in making of which Inquiry, the Master is to make all just Allowances and Deductions: And it is Ordered, That, from such Time, the Appellant shall have Interest for the said Legacies paid and satisfied to him out of the Trust Estate: And it is hereby further Ordered and Adjudged, That so much of the said Decree, as contains a Declaration of the said Court relating to the Rents and Profits received by Peter Wing the said Testator's Son, and orders the Master to take an Accompt of the Assets of the said Peter; and also the Declaration and Order of the said Court, relating to an Allowance of Three Hundred Seventy-seven Pounds, Nineteen Shillings, and Two Pence, to the Respondent Richard, and the Re-payment of the Money brought by him before the Master, be, and the same is hereby, assirmed: And it is further Ordered and Adjudged, That so much of the said Decree, as relates to the Costs of Suit of the several Parties in the said Court of Chancery, be, and is hereby, reversed; and that the Appellant and Respondents have their Costs of Suit out of the said Trust Estate, to be taxed by the Master: And it is further Ordered and Adjudged, That that Part of the said Decree, which contains a Declaration of the said Court, " That the Appellant ought to have Satisfaction for the Legacy of One Thousand Pounds, given his said late Wife out of the Testator's Personal Estate, in like Manner as he was to have the One Thousand Pounds charged on the Trust Estate," be, and is hereby, affirmed; but as to so much of the said Decree as directs the Receiver of the Rents and Profits of the Trust Estate to be discharged, the same is hereby reversed: And it is hereby Ordered, That the Court of Chancery do appoint a Receiver of the Rents and Profits of the said Trust Estate, with a proper Salary, to be paid out of the Produce thereof: And it is lastly Ordered and Adjudged, That the said Decree, in all other respects not hereby varied or reversed, or inconsistent with the Directions hereby given, be, and is hereby affirmed.

Malt Bill.

The Order of the Day being read, for the House to be put into a Committee upon the 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 Thirty; for exempting from the said Duties Cyder and Perry used for Distilling; for ascertaining the Bounty for Malt exported; for better preventing Frauds in the Malting of Corn for Exportation; for making good the Deficiency of a late Malt Act; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts:"

It is Ordered, That the House be put into a Committee thereupon, To-morrow.

Cokburne versus Ogilvie.

The House being moved, at the Request of the Agents for both Parties, in the Cause wherein John Cokburne Esquire is Appellant, and Colonel Patrick Ogilvie Respondent, "That the Hearing thereof, which stands for To-morrow, may be put off:"

It is Ordered, That the hearing the said Cause be put off to the First vacant Day for Causes after those already appointed.

Counsel to be heard for and against Wisbech Road Bill.

A Petition of several Inhabitants in the Towns of March and Doddington, and Places adjoining, and others who have a Right of Common of Pasture in March Common, in the Isle of Ely:

Also, a Petition of Richard Ficnnes an Infant, by Dame Alice St. Barbe his Guardian;

Were severally presented to the House, and read, praying to be heard, by Counsel, against the Bill for making a new Road, and for repairing and amending the ancient Roads, between the Towns of Wisbech and March, in the Isle of Ely, in the County of Cambridge:

It is Ordered, That the said Petitions be referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioners may be heard, by their Counsel, in relation to the said Bill; as may Counsel also be heard for the said Bill, at the same Time.

Adjourn.

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

DIE Veneris, 17^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Hodgson versus E. Warrington.

The Answer of George Earl of Warrington, to the Appeal of William Hodgson Gentleman, was brought in.

Road from Galley Corner to Lemsford Mill, to repair, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road leading from Galley Corner, adjoining to Endfield Chase, 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 gone through the same; and directed him to report the Bill to the House, without any Amendment."

Immines versus Sedgwick et al.:

The House being moved, "That a short Day may be appointed, for arguing the Errors assigned upon a Writ of Error, wherein Thomas Immines and others are Plaintiffs, and John Sedgwick and his Wife are Defendants, in regard the same, as is alledged, is brought for Delay:"

Errors to be argued on a Bye-day.

It is Ordered, That this House will hear the said Errors argued in this Case, by Counsel on both Sides, at the Bar, on the same Day the Errors assigned in another Writ of Error, wherein Jacob Lopez Henriques and others are Plaintiffs, and the Dutch West India Company Defendants, are appointed to be argued.

Abp. of Armagh against The King; Judges to attend.

Ordered, That the Judges do attend this House, when the Errors affigned upon the Writ of Error, wherein the Archbishop of Ardmagh and Nathaniel Whaley are Plaintiffs, and the King is Defendant, are appointed to be argued.

Sir W. Dodwell's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Trustees to make Leases of the Estate late of Sir William Dodwell Knight, deceased, during the Infancy of Mary Dodwell, his only Child; and for other Purposes therein mentioned."

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. Thurston and Mr. Masham:

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

E. Warrington versus Hodgson, Cross Appeal.

Upon reading the Petition and Appeal of George Earl of Warrington; complaining of Part of a Decree of the Court of Chancery, made the Second Day of March last, in certain Causes, wherein William Hodgson Gentleman was Plaintiff, and the Appellant and Thomas Warren were Defendants; and wherein the said Appellant by Bill of Revivor was Plaintiff, and the said William Hodgson and Thomas Warren were Defendants; and praying, "That this House will be pleased to make such Order, for the Relief of the Petitioner, as shall be just:"

It is Ordered, That the said William Hodgson 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 First Day of May next.

Warwickshire Road to repair, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from a Gate called Shipston Tollgate, at Bridgetown, 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."

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. Thurston and Mr. Masham:

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

Salt to New York, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for importing Salt from Europe, into the Colony of New York, in America."

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 Tuesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Welsbourn Mountfort Common Fields to enclose, Bill.

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

With a Bill, intituled, "An Act for enclosing several Common Fields, Common Meadows, and other Commonable Lands, in the Hamlet of Welsbourne Mountfort, in the Parish of Welsbourne Hastings, in the County of Warwick;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bloomsbury Church, Maintenance of a Minister, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for providing a Maintenance for the Minister of the new Church near Bloomsbury Market, in the County of Middlesex; and for making more effectual an Act passed in the Fourth Year of His late Majesty's Reign, for empowering the Commissioners for building the Fifty new Churches to direct the Parish Church of St. Giles in the Fields to be rebuilt, instead of One of the said Fifty new Churches."

Campbell versus Aikenhead.

The House being moved, at the Request of the Agents on both Sides, "That the hearing the Cause wherein Elizabeth Campbell Widow is Appellant, and John Aikenbead Respondent, which stands at present for Tuesday next, may be adjourned till next Session of Parliament:"

Hearing adjourned till next Session.

It is Ordered, That the hearing the said Cause be adjourned till next Session, as desired.

Limehouse and Ratcliffe Parish Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for making the Hamlet of Limehouse, and Part of the Hamlet of Ratcliffe, in the Parish of St. Dunstan Stebonheath, alias Stepney, in the County of Middlesex, a distinct Parish; and for providing a Maintenance for the Minister of the new Church there."

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

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

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the 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 Thirty; for exempting from the said Duties Cyder and Perry used for Distilling; for ascertaining the Bounty for Malt exported; for better preventing Frauds in the Malting of Corn for Exportation, for making good the Deficiency of a late Malt Act; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."

And, after some Time spent therein, the House was resumed.

And the Lord Delawarr 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."

State of the Nation considered.

The Order of the Day, for taking into further Consideration the State of the Nation, being read:

Motionagainst maintaing Hessian Forces in Pay:

Moved, "To Resolve, that the maintaining of Twelve Thousand Hessians in the Pay of Great Britain, for the Year One Thousand Seven Hundred and Thirty, is burthensome and unnecessary."

After Debate;

The Question was put thereupon.

And it was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

"1st, Because we think the maintaining Foreign Troops in our Pay, where we have no Territory; and not only when we have no War, but immediately after a Peace concluded with One of the most considerable Powers in Europe; whilst we are in Alliance with Holland, and are in strict Friendship with France, the most considerable Power of all; is a Policy, that, before this Instance of it, cannot be paralleled, as far as we can recollect, in all our Annals, and must be owing to the Advice of Ministers less cautious and less concerned for the true Interest of this Kingdom than their Duty obliged them to be; and we cannot, out of the Regard we owe our Posterity, consent to it.

"2dly, Because the Importance of the Service, in which they are designed to be employed, does no Way appear to us; and we fear it may create an Apprehension, that they may be intended for Purposes that do not concern Great Britain; which is a Jealousy (however ill founded) that we are persuaded, from His Majesty's Goodness, He will always be inclined to prevent, for His People's Sake; and His Counsellors (we think) ought, if possible, to prevent for their own.

"3dly, Because we think it would be an unreasonable Burthen upon the People at any Time; but we look upon it to be particularly so at this, whilst we are still heavily loaded with an immense National Debt, severe Annual Taxes, oppressive and perpetual Excises; and have had of late the additional Misfortune of an unusual and excessive Dearness of almost all Necessaries for Living; whilst our Commerce, we cannot but fear, has been declining for some Years, and many valuable Branches of it running into other Channels, from whence we have but little Expectation of ever deriving them again into our own; when the dubious and unhappy Situation of Affairs, under which we have laboured of late, has reduced many substantial Merchants to Poverty, and has been productive of other ill Consequences, that we apprehend will be sensibly felt for some Time by the whole Nation; when the Sum which is to be allowed for the Maintenance of these Troops is, at least, Six Pence in the Pound on every Landed Man's Estate in England; and when we avowedly pay, at the same Time, greater Subsidies to other Foreign Princes than our present Circumstances, in our Opinion, can well bear, or than any wife Reasons of State seem to require.

"4thly, Because it does not appear to us, that His Majesty, either in any Speech, or by any Message, has demanded any Supply for what seems to us so extraordinary a Charge; and He seems not to think them necessary for our Safety at Home, since He has lately disbanded some of our own; and we cannot find that we are under any direct Stipulation to maintain them for the Safety of any of our Allies Abroad, who, notwithstanding the various Engagements and Multiplicity of Treaties with which we have within the Compass of a few Years most incautiously (as we fear) entangled ourselves, have no Right to require Succours from us, till by some Molestation or hostile Attack the public Tranquillity is disturbed; which Misfortune may still (as we hope) be prevented, if such Measures are taken as it becomes able and upright Statesmen always to pursue; if the Reputation of our Wisdom and Power is alone sufficient (as it ought to be) to procure us equal and useful Alliances (and it always will be, when the Affairs of the Kingdom are administered as they ought to be); and if, to save our Friends from Dangers that perhaps are only imaginary, we do not run into real ones ourselves.

"Berkshire.
Huntingdon.
Northampton.
Craven.
Scarsdale.
Strafford.
Abingdon.
Plimouth.
Maynard.
Litchfield.
Oxford & Mortimer.
Boyle.
Gower.
Aylesford.
Coventry.
Willoughby de Broke.
Montjoy."

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein Frances Lucy Widow is Appellant, and Robert Moor Esquire Respondent:

It is Ordered, That the hearing thereof be adjourned till Monday next; and the other Causes removed in Course.

Adjourn.

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

DIE Lunæ, 20^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by Virtue of a former Commission.

Lords added to the Worcester Workhouse Bill.

Ordered, That all the Lords which have been present this Session, and who are not named of the Committee to whom the Bill relating to a Workhouse at Worcester stands committed, be added to the said Committee.

Lucy versus Moore.

Whereas this Day was appointed, for hearing the Cause wherein Frances Lucy Widow is Appellant, and Robert Moore Esquire Respondent:

It is Ordered, That the hearing the said Cause be adjourned till To-morrow; and the other Causes removed One Day in Course.

Common Council, and Ministers, of Worcester, for Workhouse Bill.

A Petition of several Persons, whose Names are thereunto subscribed, Members of the Common Council of the City of Worcester:

Also, a Petition of the Ministers, Church-wardens, Overseers, and principal Inhabitants, of the City of Worcester;

Were severally presented to the House, and read; praying, "That the Bill in relation to a Workhouse in that City may pass."

And the said Petitions were severally ordered to be referred to the Lords Committees to whom the said Bill stands committed.

Welsbourne Mountfort Common Fields to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing several Common Fields, Common Meadows, and other Commonable Lands, in the Hamlet of Welsbourne Mountfort, in the Parish of Welsbourne Hastings, in the County of Warwick."

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 next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Locks and Wears upon The Thames, Bill.

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

With a Bill, intituled, "An Act for reviving and amending an Act made in the Sixth and Seventh Years of the Reign of His late Majesty King William the Third, intituled, "An Act to prevent Exactions of the Occupiers of Locks and Wears upon the River of Thames Westward; and for ascertaining the Rates of Water Carriage upon the said River;" to which they desire the Concurrence of this House.

Chatham Road to repair, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road from that Part of Chatham which lies next to the City of Rochester, to St. Dunstan's Cross, near the City of Canterbury, in the County of Kent; and for repealing so much of the former Act as appropriates Part of the Money arising by the Tolls or Duties therein mentioned, towards repairing the Road between the Town of Chatham and Boughton under the Blean, in the said County of Kent;" to which they desire the Concurrence of this House.

Woodstock Roads to repair, Bill.

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

With a Bill, intituled, "An Act for repairing and amending the several Roads leading from Woodstock, through Kiddington and Enston, to Roll Right Lane, and from Enslow to Kiddington aforesaid, in the County of Oxon;" to which they desire the Concurrence of this House.

The said Three last-mentioned Bills were severally read the First Time.

Malt Bill.

Hodie 3^a vice lecta est Billa, 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 Thirty; for exempting from the said Duties Cyder and Perry used for Distilling; for ascertaining the Bounty upon Malt exported; for better preventing Frauds in the Malting of Corn for Exportation; for making good the Deficiency of a late Malt Act; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."

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. John Bennet and Mr. Lightboun:

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

Stroudwater River navigable, Bill:

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

With a Bill, intituled, "An Act for making navigable the River Stroudwater, in the County of Gloucester, from the River Severn, at or near Framiload, to Wallbridge, near the Town of Stroud, in the same County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bloomsbury Church, Maintenance for a Minister, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for providing a Maintenance for the Minister of the new Church near Bloomsbury Market, in the County of Middlesex; and for making more effectual an Act passed in the Fourth Year of His late Majesty's Reign, for empowering the Commissioners for building the Fifty new Churches to direct the Parish Church of St. Giles in the Fields to be re-built, instead of One of the said Fifty new Churches."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees before-named:

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

Road from Galley Corner to Lemsford Mill, to repair, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for repairing the Road leading from Galley Corner, adjoining to Endfield Chase, in the Parish of South Mims, in the County of Middlesex, to Lemsford Mill, in the County of Hertford."

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. John Bennet and Mr. Lightboun:

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

Adjourn.

Robertus Raymond Miles, Capitalis Justiciarius de Banco Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum primum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.