House of Lords Journal Volume 24: March 1733, 11-20

March 1733, 11-20

DIE Lunæ, 12^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Vernon & al. against the City of Dublin & al.

The Answer of the Lord Mayor of Dublin and others, to the Appeal of John Vernon Esquire and others:

Anderson against Anderson.

As also, the joint and several Answer of Isabell the Daughter of Thomas Anderson and others, to the Appeal of Mr. Thomas Anderson and others;

Were brought in.

Legh against E. Warrington.

Upon reading the Petition of George Earl of Warrington and others, Respondents to the Appeal of George Legh Esquire; praying, "In regard Mr. Willes, who is the said Earl's Counsel, and his Assistance very much depended on, is obliged to go his Circuit, as Chief Justice of Chester; that the hearing the said Appeal, which is appointed for Wednesday next, may be put off to Tuesday the 10th Day of April next:"

It is Ordered, That the said Hearing be put off accordingly.

Plunket against Weldon:

The House was informed, "That one Thomas Noble attended, in order to deliver in several Pleadings and Proceedings, in the Cause wherein Justin Plunket Esquire is Appellant, and William Weldon Esquire Respondent."

Plealings proved.

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

And then he was directed to withdraw.

River Dun, navigable, Bill.

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

With a Bill, intituled, "An Act to explain and amend Two Acts of Parliament, one made in the Twelfth, and the other in the Thirteenth, Year of His late Majesty's Reign, for making navigable the River Dun, in the County of York; and for the better perfecting and maintaining the said Navigation; and for uniting the several Proprietors thereof into One Company;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Gerhard, &c, Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize Justus Gerhard and Paul L'Hospital."

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

It was Resolved in the Affirmative.

Message to H C. with Amendments to it.

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

To return the said Bill; and to acquaint them, that the Lords have agreed to the same, with several Amendments; whereunto they desire their Concurrence.

Savery's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for Sale of Part of the Paternal Fstate of Waltham Savery Esquire, comprized in his Marriage Settlement, to discharge the Incumbrances on other the more valuable Parts of his Estate, in the same Settlement comprized, for the Benefit of his Issue by Mary his late Wife," stands committed, be revived; and meet on Wednesday Morning next.

Enrolment of Deeds and Wills of Papists, further Time, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for allowing further Time for the Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers and Lessees."

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

Vernon & al. against the City of Dublin.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Vernon Esquire and others are Appellants, and the Lord Mayor of the City of Dublin and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Paterson against Graham:

After hearing Counsel, upon the amended Petition and Appeal of Thomas Paterson Esquire; complaining of an Interlocutory Sentence of the Lords of Session in Scotland, of the 12th of February 1731/2, and of a Decree of the Lord Ordinary, the 16th of the same Month, for Payment to Richard Graham, Respondent to the said Appeal, the Sum of Five Hundred Pounds, with Annual Rent for the same from the Time the Money was paid by the said Respondent; and likewise of the Affirmance of the said Interlocutor, the 18th of the same February, by the said Lords of Session; and praying, "That the said Interlocutory Sentence, Decree, and Affirmance, may be reversed; and that an Interlocutory of the 11th of January 1731/2, whereby the Lords of Session found it sufficiently instructed, that the Money paid to one William Singleton by the Appellant was for the Behoof of the Respondent, may be affirmed:" As also upon the Answer of the said Richard Graham 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 said Interlocutory Sentence of the 12th of February, 1731/2, the said Decree of the Lord Ordinary the 16th, and the said Affirmance the 18th of the same February by the said Lords of Session, complained of in the said Appeal, be, and the same are hereby, reversed; and that the said Interlocutory of the Lords of Session, of the 11th of January 1731/2, be, and the same is hereby, affirmed.

Powys's Pet. Committee revived.

Ordered, That the Committee to whom the Petition of Richard Powys Esquire and others, for explaining and repealing Part of an Act for enclosing Aldhom and Boyne Commons, in the Parish of Hadleigh, in the County of Suffolk, stands referred, be revived; and meet on Thursday next.

Adjourn.

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

DIE Martis, 13^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Thomond to amend his Appeal.

Upon reading the Petition of Henry Earl of Thomond in the Kingdom of Ireland, and Viscount Tadcaster; praying Leave to amend his Appeal, by making John Jacob Gentleman, who was a Defendant in the Original Cause, a Respondent thereto; and that he may put in his Answer in Eight Days:

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

Obviating Doubt in the Act that Proceedings shall be in English, Bill.

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

With a Bill, intituled, "An Act for obviating a Doubt which may arise, upon an Act made in the Fourth Year of His present Majesty's Reign, intituled, "An Act that all Proceedings in the Courts of Justice, within that Part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English Language," so far as the same doth or may relate to the Court of the Receipt of His Majesty's Exchequer, or to any Members or Branches thereof;" to which they desire the Concurrence of this House.

Rebuilding St. George's Church in the Borough, Bill.

A Message was brought from the House of Commons, by Colonel Onslow and others:

With a Bill, intituled, "An Act for re-building the Parish Church of St. George the Martyr, in the Borough of Southwark, in the County of Surrey, as One of the Fifty New Churches directed to be built by Two Acts of Parliament, One made in the Ninth, and the other in the Tenth, Year of the Reign of Her late Majesty Queen Anne;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

Message from H. C. to return Gerhard, &c. Nat. Bill.

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

To return the Bill, intituled, "An Act to naturalize Justus Gerhard and Paul L'Hospital;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Stafford & Ux. against L. Nassau Powlet & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Arthur Stafford Esquire and his Wife are Appellants, and the Honourable Nassau Powlet Esquire, commonly called Lord Nassau Powlet, Executor of Major General Crofts deceased, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

To dissolve Sir J. Rudd's Marriage, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Sir John Rudd Baronet with Lettice Vaughan, and to enable him to marry again; and for other Purposes therein mentioned;" and to hear Counsel, as well against as for the same:

Counsel were accordingly called in.

But, none appearing against the Bill, the same was read a Second Time.

And the Counsel for the Bill opened the Nature of the Allegations thereof.

And several Witnesses were examined upon Oath; who proved the Marriage of the said Lettice with the said Sir John, in the Month of October in the Year 1720, since which Time she had had a Child or Children by one John Blackham, alias Smith, and that they lived together as Man and Wife; that she had confessed she was married to Sir John Rudd, but never had a Child by him; and that she was supposed to be a lewd Woman; that the said Sir John Rudd went into France some Time after the Marriage, and was at the Academy at Angiers in the Year 1723, and several Years afterwards.

Then, Julius Cæsar produced, upon Oath, a true Copy of a Definitive Sentence of Divorce a Thoro et Mensa, obtained in the Arches Court of Canterbury, against the said Lettice; and read the same.

Which done; and the Counsel for the Bill having been heard, to sum up the Evidence:

They were directed to withdraw.

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

Adjourn.

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

DIE Jovis, 15^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

March. of Annandale against E. of Hoptoun.

The Answer of Charles Earl of Hoptoun and others, to the Appeal of Charlotte Marchioness Dowager of Annandale and Sir James Johnstoune Baronet, was brought in.

St. George's Church in the Borough, re-building, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for re-building the Parish Church of St. George the Martyr, in the Borough of Southwark, in the County of Surrey, as One of the Fifty New Churches directed to be built by Two Acts of Parliament, One made in the Ninth, the other in the Tenth, Year of the Reign of Her late Majesty Queen Anne."

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

Obviating Doubt in the Act that Proceeding, shall be in English, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for obviating a Doubt which may arise, upon an Act made in the Fourth Year of His present Majesty's Reign, intituled, "An Act that all Proceedings in the Courts of Justice, within that Part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English Language," so far as the same doth or may relate to the Court of the Receipt of His Majesty's Exchequer, or to any Members or Branches thereof."

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

Pitt & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of George Pitt Esquire and others; praying Leave to bring in a Bill, for the Purposes therein mentioned.

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for rendering more useful, and preventing the Inconveniencies likely to arise from a Covenant in, the Marriage Settlement made by George Pitt Esquire; and for making good and effectual the Agreements, Limitations, and Provisions, made by the Parties for that Purpose, contained in an Indenture of Settlement lately made."

Savery's Bill, Committee revived.

Ordered, That the Committee to whom the Bill, intituled, "An Act for Sale of Part of the Paternal Estate of Waltham Savery Esquire, comprized in his Marriage Settlement, to discharge the Incumbrances on other the more valuable Parts of his Estate, in the same Settlement comprized, for the Benefit of his Issue by Mary his late Wife," was committed, be revived, and meet To-morrow.

Green against Pool.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charles Green Gentleman is Appellant, and Elizabeth Pool 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.

Viscountess Dowager Lanesborough against Morgan, Lessee of Fox:

Upon reading the Petition of Mary Viscountess Dowager Lanesborough, Plaintiff in a Writ of Error depending in this House, wherein Mark Anthony Morgan Esquire, Lessee of George Fox Esquire, is Defendant; setting forth, "That the Person who examined the Transcript of the Record in the Exchequer Chamber in Ireland, in bringing the same over, was, by Stress of Weather, driven into the Isle of Man, and thereby prevented from delivering the said Transcript till lately;" and praying, "In regard the Matters in Question in this Cause are of very great Consequence, and both Parties desirous to have the Judgement of the House this Session, that the same may be heard on Tuesday the 17th Day of April next, or on such other Day as their Lordships shall please to appoint:"

Errors to be argued.

It is Ordered, That this House will hear the Errors argued in this Case, by Counsel on both Sides, at the Bar, on Tuesday the said 17th Day of April.

River Dun, navigable, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend Two Acts of Parliament, one made in the Twelfth, and the other in the Thirteenth, Year of His late Majesty's Reign, for making navigable the River Dun, in the County of York; and for the better perfecting and maintaining the said Navigation; and for uniting the several Proprietors thereof into One Company."

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.

Enrolment of Deeds and Wills of Papists, further Time, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for allowing further Time for the Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers and Lessees."

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."

To dissolve Sir J Rudd's Marriage, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Sir John (fn. 1) Rudd Baronet with Lettice Vaughan, and to enable him to marry again; and for other Purposes therein mentioned."

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 made some Amendments thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Address, for a State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1731, and 31st of December 1732; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied."

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

Adjourn.

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

DIE Veneris, 16^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir T. Prendergast against Enraght.

The Answer of Francis Enraght, to the Appeal of Sir Thomas Prendergast Baronet, was brought in.

Counsel to be heard against the Bill to enclose Bisley Commons.

Upon reading the Petition of divers Freeholders and others, Owners of Lands in Bisley Parish, in the County of Gloucester; praying to be heard, by Counsel, against passing the Bill for enclosing Commons in that Parish:

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

Prestwood, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Prestwood Esquire, and others; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Thomas Prestwood Esquire, in the County of Devon, for discharging an Incumbrance affecting the same; and other Purposes therein mentioned."

L. Archibald Hamilton's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to confirm Articles of Agreement, entered into between Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, and others, and George Earl of Macclesfield and others, Trustees of a Charity, for vesting in George Earl of Orkney and his Heirs certain Lands in the County of Berks, to the several Uses, and upon the Trusts, therein mentioned," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Savery's Bill.

The Earl of Strafford reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Paternal Estate of Waltham Savery Esquire, comprized in his Marriage Settlement, to discharge the Incumbrances on other the more valuable Parts of his Estate, in the same Settlement comprized, for the Benefit of his Issue by Mary his late Wife," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Pitt's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for rendering more useful, and preventing the Inconveniencies likely to arise from a Covenant in the Marriage Settlement made by George Pitt Esquire; and for making good and effectual the Agreements, Limitations, and Provisions; made by the Parties for that Purpose, contained in an Indenture of Settlement lately made."

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 Monday the 2d 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.

Chipping Warden Commons enclosing Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, lying in the Manor and Parish of Chipping Warden, in the County of Northampton," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and had heard Counsel for Toby Chauncy Esquire, upon his Petition to them referred; and had gone through the Bill, and made several Amendments thereunto."

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

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

Sir T. Prendergast against Oshaghnassy, &c.

The House was informed, "That Francis Enraght, One of the Respondents to the Appeal of Sir Thomas Prendergast Baronet, had put in his Answer thereunto; but that Joseph Oshagnassy, who was required peremptorily to answer the said Appeal by Wednesday last, hath not yet put in any Answer."

And it being thereupon moved, "That this Cause may be appointed to be heard on Thursday the 19th Day of April next:"

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

Importing Diamonds Duty free, Bill.

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

With a Bill, intituled, "An Act for the free Importation and Exportation of Diamonds, Pearls, Rubies, Emeralds, and all other Jewels and precious Stones;" to which they desire the Concurrence of this House.

Frivolous Arrests to prevent, and Proceedings in Wales to be in English, Bill.

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

With a Bill, intituled, "An Act for the more effectual preventing frivolous and vexatious Arrests; and for the more easy Recovery of Debts and Damages, in the Courts of Great Sessions in the Principality of Wales, and in the Court of Assize in the County Palatine of Chester; and for the obviating a Doubt which has arisen upon an Act made in the Fourth Year of His present Majesty's Reign, intituled, "An Act that all Proceedings in Courts of Justice, within that Part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English Language," so far as the same Act doth or may relate to the Courts of Justice holden within the said Principality;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

Message from H. C. to return the Bill for enclosing Barston Common Fields.

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

To return the Bill, intituled, "An Act for dividing and enclosing the Common Fields and Common Meadows, in the Parish of Barston, in the County of Warwick;" and to acquaint this House, that they have agreed to the same, without any Amendment.

King's Answer to the Address for the State of the National Debt.

The Lord Delawarr acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of Yesterday, for a State of the National Debt; and that His Majesty was pleased to say, "He would give Order to the proper Officer, to lay the same before this House accordingly."

Witness to attend Committee on Powys's Petition.

Ordered, That Thomas Potter, David Wilkins Doctor in Divinity, John Miller, Hume Smith, Robert Norris, Samuel Downing, Richard Holmes, John Colt, John Turner, Henry Death, and Thomas Glandfield, do attend the Lords Committees appointed to consider of the Petition of Richard Powys Esquire and others, for repealing Part of an Act lately made, for enclosing the Commons of Aldham and Boyne, in the Parish of Hadleigh, in the County of Suffolk."

To dissolve Sir J. Rudd's Marriage, Bill.

The Lord Delawarr (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to dissolve the Marriage of Sir John Rudd Baronet with Lettice Vaughan, and to enable him to marry again, and for other Purposes therein mentioned," was committed, the Amendments made by the Committee to the said Bill.

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

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

Plunket against Weldon.

The House being informed, "That a Person attended, in order to deliver in certain Pleadings and Proceedings, in the Cause wherein Justin Plunket Esquire is Appellant, and William Weldon Esquire Respondent:"

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

And then he was directed to withdraw.

Obviating a Doubt in the Act that Proceedings should be in English, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for obviating a Doubt which may arise upon an Act made in the Fourth Year of His present Majesty's Reign, intituled, "An Act that all Proceedings in the Courts of Justice, within that Part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English Language," so far as the same doth or may relate to the Court of the Receipt of His Majesty's Exchequer, or to any Members or Branches thereof."

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."

Enrolment of Deeds and Wills of Papists, further Time, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for allowing further Time for the Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers and Lessees."

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 Beanet and Mr. Edwards:

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

Respondents to White a Appeal, peremptonly to answer.

The House was informed, "That George Skene and his Eldest Son, Dame Jane Skene, and Sir Alexander Forbes, have not put in their Answers to the Appeal of Mrs. Frances White, though duly served with the Orders of this House for that Purpose."

And thereupon Affidavits, made by William Elliot Writer in Edinburgh, of the said Services, being read:

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

Marchioness Annandale against Marquis Annandale & al.

Ordered, That the Hearing of the Cause wherein Charlotta Marchioness Dowager of Annandale and Sir James Johnstone are Appellants, and George now Marquis of Annandale, an Infant, by his Guardian, and others, Respondents, appointed for this Day, be put off to Monday next; and the other Causes on Cause-days removed in Course.

Adjourn.

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

DIE Lunæ, 19^o Martii.

Domini tam Spirittiales quam Temporales præsentes fuerunt:

PRAYERS.

E. Thomond against Jacob.

The Answer of John Jacob Gentleman, to the Appeal of Henry Earl of Thomond in the Kingdom of Ireland, and Viscount Tadcaster, was brought in.

Warden to change his Name to Sergison, Bill.

The Lord Abergavenny (pursuant to the Order of the 2d Instant) presented to the House a Bill, intituled, An Act to enable Thomas Warden Esquire, and the Heirs of his Body, and the several other Persons therein named, and the Heirs of their respective Bodies, to take and use the Surname of Sergison, as therein mentioned."

And the same was read the First Time.

Message from H. C. to return the E. of Thomond's Bill.

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

To return the Bill, intituled, "An Act for exemplifying Two Marriage Settlements, made on the Marriage of Henry late Earl of Thomond, and the present Earl of Thomond; and for making the same Evidence in all Courts of Law and Equity in Ireland;" and to acquaint this House, that they have agreed to the same without any Amendment.

L. Bathurst & al Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Allen Lord Bathurst and others was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Tithes in Hothorpe, in the County of Northampton, the Estate late of Griffith Davies, deceased, and of Arthur Dagget, in Trustees, to such Uses as the Manor of Hothorpe aforesaid stands settled; and for other Purposes therein mentioned."

Obviating a Doubt in an Act that all Proceedings shall be in English, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for obviating a Doubt which may arise, upon an Act made in the Fourth Year of His present Majesty's Reign, intituled, "An Act that all Proceedings in the Courts of Justice, within that Part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English Language," so far as the same doth or may relate to the Court of the Receipt of His Majesty's Exchequer, or to any Members or Branches thereof."

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. Edwards:

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

Chipping Warden Commons to enclose, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds lying in the Manor and Parish of Chipping Warden, in the County of Northampton."

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

It was Resolved in the Affirmative.

L. A. Hamilton's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to confirm Articles of Agreement, entered into between Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, and others, and George Earl of Macelesfield and others, Trustees of a Charity, for vesting in George Earl of Orkney and his Heirs certain Lands in the County of Berks, to the several Uses, and upon the Trusts, therein mentioned."

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

It was Resolved in the Affirmative.

To dissolve Sir J. Rudd's Marriage, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Sir John Rudd Baronet with Lettice Vaughan; and to enable him to marry again; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Savery's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Paternal Estate of Waltham Savery Esquire, comprized in his Marriage Settlement, to discharge the Incumbrances on other the more valuable Parts of his Estate in the same Settlement comprized, for the Benefit of his Issue by Mary his late Wife."

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

It was Resolved in the Affirmative.

Message to H. C with the Four preceding Bills.

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

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

Frivolous Arrests to prevent, and Proceedings in Wales to be in English, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more effectual preventing frivolous and vexatious Arrests; and for the more easy Recovery of Debts and Damages, in the Courts of Great Sessions in the Principality of Wales, and in the Court of Assize in the County Palatine of Chester; and for the obviating a Doubt which has arisen, upon an Act made in the Fourth Year of His present Majesty's Reign, intituled, "An Act that all Proceedings in the Courts of Justice, within that Part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English Language," so far as the same Act doth or may relate to the Courts of Justice holden within the said Principality; and for explaining and amending the said Act."

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

Lord Abergavenny, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of William Lord Abergavenny was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read:

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Manors of Kidderminster Borough and Kidderminster Forren, Part of the entailed Estate of William Lord Abergavenny; and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the same Uses."

King's Consent signified.

Then the Duke of Newcastle (by His Majesty's Command) signified to the House, "That His Majesty, having been informed of the Contents of the said Bill, was graciously pleased to consent thereunto, so far as the Interest of the Crown was concerned."

Marchioness Annandale against Marquis Annandale & al.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of Charlotta Marchioness Dowager of Annandale, and Sir James Johnstone Baronet; complaining of several Interlocutors of the Lords of Session in Scotland, to which George now Marquis of Annandale, an Infant, by the Lord Viscount Vane of the Kingdom of Ireland his Guardian, and Henrietta Countess of Hoptoun, Charles Earl of Hoptoun, and John Lord Hope, are Respondents.

And the Appellants Counsel being heard accordingly; as also One Counsel for the Respondent the Earl of Hoptoun:

They were directed to withdraw.

And being withdrawn:

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

Importing Diamond Duty free, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the free Importation and Exportation of Diamonds, Pearls, Rubies, Emeralds, and all other Jewels and precious Stones."

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

Adjourn.

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

DIE Martis, 20^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir J. Tynte, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Sir John Tynte Baronet and Charles Tynte Esquire was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for empowering Sir John Tynte Baronet and Charles Tynte Esquire, and their Sons respectively, to make Leases of the Estates comprized in the late Sir Halfwell Tynte's Settlement, for Lives, or Years determinable on Deaths, according to the Custom of the Country."

Marchioness Dowager Annandale against Marquis Annandale & al.

The House was informed, "That the Matters in Difference, in the Cause wherein Charlotta Marchioness Dowager of Annandale and Sir James Johnstone Baronet are Appellants, and George now Marquis of Annandale, an Infant, by his Guardian, and others, Respondents, were likely to be accommodated."

And thereupon the Agents on all Sides were called in.

And Mr. Dalrymple for the Appellants, Mr. Ross for the Respondents the Earl of Hoptoun and others, and Mr. Hamilton for the Marquis of Annandale, appearing at the Bar; and desiring, or consenting, that the further Hearing of the said Cause may be adjourned for Two Months:

It is Ordered, That the same be adjourned accordingly to Tuesday the 15th Day of May next.

Anderson & al. against Anderson & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Mr. Thomas Anderson and others are Appellants, and Isabell Anderson and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Evelyn & al. against Evelyn & al.

The like Motion and Order, for hearing the Cause wherein Anne Evelyn and others are Appellants, and Edward Evelyn and others Respondents, on the next vacant Day for Causes after those already appointed.

Mr. Ross to enter into a Recognizance for the Duke of Gordon & al.

The House being moved, "That Mr. Alexander Ross may be permitted to enter into a Recognizance for Cosmo George Duke of Gordon and others, on account of their Appeal depending in this House; they being absent:"

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

L Bathurst's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Tithes in Hothorpe, in the County of Northampton, the Estate late of Griffith Davies deceased, and Arthur Dagget, in Trustees, to such Uses as the Manor of Hothorpe aforesaid stands settled."

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 Wednesday the 4th 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.

L. Abergavenny's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Manors of Kidderminster Borough and Kidderminster Forren, Part of the entailed Estate of William Lord Abergavenny; and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the same Uses"

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

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

Prestwood's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Thomas Prestwood Esquire, in the County of Devon, for discharging an Incumbrance affecting the same; and other Purposes therein mentioned."

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 Time and Place; and to adjourn as they please.

Warden to take the Name of Sergison, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas Warden Esquire and the Heirs of his Body, and the several other Persons therein named, and the Heirs of their respective Bodies, to take and use the Surname of Sergison, as therein mentioned."

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

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

Importing Diamonds Duty free, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the free Importation and Exportation of Diamonds, Pearls, Rubies, Emeralds, and all other Jewels and precious Stones."

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

And the Earl of Marchmont 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."

Frivolous Arrests to prevent, and Proceedings in Wales to be in English, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual preventing frivolous and vexatious Arrests; and for the more easy Recovery of Debts and Damages, in the Courts of Great Sessions in the Principality of Wales, and in the Court of Assize in the County Palatine of Chester; and for the obviating a Doubt which has arisen upon an Act made in the Fourth Year of His present Majesty's Reign, intituled, "An Act that all Proceedings in Courts of Justice, within that Part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English Language," so far as the same Act doth or may relate to the Courts of Justice holden within the said Principality; and for explaining and amending the said Act."

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 made some Amendments thereunto; which they had directed him to report, when their Lordships will please to receive the same."

Ordered, That the said Report be now received.

Accordingly his Lordship reported the said Amendments.

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

Rebuilding St. George's Church in the Borough, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for re-building the Parish Church of St. George the Martyr, in the Borough of Southwark, in the County of Surrey, as One of the Fifty new Churches directed to be built by Two Acts of Parliament, One made in the Ninth, the other in the Tenth, Year of the Reign of Her late Majesty Queen Anne."

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."

Accounts touching Tobacco to be brought:

Ordered, That the Commissioners of the Customs do lay before this House, an Account of the Quantities of Tobacco imported into, and exported from, that Part of Great Britain called England; together with the Gross and Net Produce of the Duties, from Christmas 1716 to Christmas 1731; distinguishing each Year.

Also, an Account of the Quantities of Tobacco imported into, and exported from, that Part of Great Britain called Scotland, together with the Gross and Net Produce of the Duties, from Michaelmas 1721, to Michaelmas 1731.

And also, an Account of the Quantities of Tobacco seized and condemned, with the Net Money paid into the Exchequer thereon, from Christmas 1724, to Christmas 1731; distinguishing each Year.

Address on that Subject.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, an Accompt of what Sums of Money has been Annually paid into the Exchequer, for the Impost Duty on Tobacco, from Christmas 1717, to Christmas 1732."

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

Adjourn.

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