House of Lords Journal Volume 24: April 1733, 1-10

April 1733, 1-10

DIE Martis, 3^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Plunket against Weldon.

The Answer of William Weldon Esquire, to the Appeal of Justin Plunket Esquire:

Legh against Sir H. Mainwaring.

Also, the several Answer of Sir Henry Mainwaring Baronet, an Infant, by Diana his Mother and Guardian, to the Appeal of George Legh Esquire;

Were brought in.

Papers from the Excise-office delivered.

The House being informed, "That some of the Commissioners of Excise attended:"

They were called in; and delivered, at the Bar, pursuant to the Order of the 21st of March last,

"An Account of the Amount of all Seizures of Tea, Coffee, Cocoa-nuts, and Chocolate, made by the Officers of Excise, from Christmas 1724, to Christmas 1732; distinguishing the Amount in Quantity and Value of each Year, and what hath been paid thereon into the Exchequer."

Also, a Certificate of the said Commissioners, "That they could not lay before this House, an Account of the Quantity of Tea, Coffee, and Chocolate imported; that Account being kept at the Customhouse, and not at the Excise office."

And then they withdrew.

And the Titles of the said Account and Certificate were read.

Papers from the Customhouse delivered.

The House being informed, "That the Comptroller General and other Officers of the Customs attended:"

They were called in; and delivered, at the Bar, pursuant to Orders of the 21st of March last,

"The Return of the Commissioners of the Customs, with an Account of the Quantities of Tea imported and exported, from Christmas 1716, to Christimas 1731; distinguishing each Year."

And, "Three Accounts of the Gross and Net Produce of the Subsidies, &c. paid on the Importation of Tea, Coffee, and Cocoa-nuts, for Seven Years and an Half, from Christmas 1716, to Midsummer 1724; and from thence to Christmas 1731."

Also, "The Return of the said Commissioners, with an Account of the Amount of all Seizures of Tea, Coffee, Cocoa-nuts, Cocoa-paste, and Chocolate, from Christmas 1716, to Christmas 1732; distinguishing the Amount in Quantity and Value of each Year, and what hath been paid thereon into the Exchequer."

Also, "The Return of the said Commissioners, with an Account of the Gross Receipts, Payments, and Net Produce, of the Duties on Tobacco, for Seven Years, to Christmas 1731."

Also, "The Return of the same Commissioners, with an Accompt of the Quantity of Tobacco imported into, and exported from, England; together with the Gross and Net Produce of the Duties, from Christmas 1716, to Christmas 1731; distinguishing each Year."

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

And then they withdrew.

And the Titles of the said Returns and Accounts were read.

Account from the East India Company, of Tea sold, delivered.

Then the House being informed, "That the Accomptant General of the East India Company attended:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Order of the 21st of March last.

"An Account of the Quantity of Teas sold by that Company, from Christmas 1716, to Christmas 1732; in which is distinguished the Quantity in each Year; drawn out by Order of the Directors of the said Company."

And then he withdrew.

And the Title of the said Account was read.

Account of Coffee, Tea, &c. imported, to be brought.

Ordered, That the Commissioners of the Customs do lay before this House, an Account of the Quantity of Tea, Coffee, and Chocolate, imported; with the Amount of the Duties received on the said Quantities, and the Charges in collecting the same, from Midsummer 1724, to Midsummer 1732; distinguishing each Year.

Sugar Colonies, Bill.

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

With a Bill, intituled, "An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be printed.

Widdrington's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable William Widdrington, late Lord Widdrington, to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of the said Attainder, to take or inherit any Real or Personal Estate, that may or shall hereafter descend or come to him, or which he was entitled unto, in Reversion or Remainder, before his Attainder."

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.

D. Kent takes the Oaths.

This Day Henry Duke of Kent took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Grace having first delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Standing Order touching Exchange of Lands, dispensed with.

The House (according to Order) proceeded to take into Consideration the Motion made the 21st of March last, to dispense with the Standing Order, in relation to Bills for selling Lands in One Place, and buying Lands in another, so far as that the Committee to whom a Private Bill of the Lord Abergavenny's stands committed may proceed thereon, notwithstanding there is not yet any Agreement made for a Purchase, as is directed to be done by the said Standing Order.

And the same being considered accordingly:

It is Ordered, That the said Standing Order be dispensed with, so far as it relates to the said Bill.

E. Thomond against Hamiltons.

The House was informed, "That a Person attended, in order to deliver several Pleadings and Proceedings, in the Cause wherein Henry Earl of Thomond in the Kingdom of Ireland and Viscount Tadcaster is Appellant, and James Hamilton and John Hamilton Esquires are Respondents."

Pleadings 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.

Cotter against E. Barrymore & al.

This Day being appointed, for the further Hearing of the Cause wherein Laurence Cotter Esquire is Appellant, and James Earl of Barrymore and others are Respondents:

Counsel were accordingly called in.

And the Counsel for the Appellant acquainted the House, "That the Adjournment of the said further Hearing had been attended with so good Success, that the said Parties were come to an Agreement, which was reduced into Writing, and signed by the Appellant and William Dixon, the Respondents Agent, fully authorized for that Purpose; and which they had desired might be made the Order of this House."

And the Respondents Counsel being heard; and admitting the Matter to be as aforementioned, and desiring the same:

The said written Agreement was read, at the Bar; and, being then delivered to the Clerk, the Counsel were directed to withdraw.

And being withdrawn:

The Agreement was read, at the Table.

Judgement by Consent.

And, Consideration had thereof, it is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled (according to the said written Agreement), That the Decree of the Court of Chancery in Ireland, complained of in the Appeal of the said Laurence Cotter, be, and is hereby, so far varied, as that the Appellant shall have the Benefit of the Renewal of Scott's Lease, for Forty-one Years, of the Lands in Question, for the Term of Twenty-eight Years, from the Expiration of the said Forty-one Years Lease, according to the Terms of the Covenants therein; and that the Appellant be let into Possession on the First Day of May next; and that the Respondent answer a Year and a Half's Rent of the Estate in Question, from the First of November 1731, to the First of May 1733, at One Hundred and Sixtythree Pounds a Year, amounting to Two Hundred Forty-four Pounds and Ten Shillings; and the Appellant to answer for Fifteen Years reserved Rent of the Premises, at Twelve Pounds a Year, from the First of May 1718, to the First of May 1733, amounting to One Hundred and Eighty Pounds; which being deducted out of the said Two Hundred Forty-four Pounds Ten Shillings, there remains due to the Appellant Sixty four Pounds Ten Shillings, which the Respondent is to pay to the Appellant on the said First Day of May next; and the Appellant is to deliver back the Possession of the said Estate to the Respondent on the First Day of May 1737, when the said Twenty-eight Years will expire; and no Costs to be paid by either Party in this Cause, either here or in Ireland; and, with these Variations, the Decree in Ireland shall be, and is hereby, affirmed.

L. Hope peremptorily to answer the Marq. of Annandale's Appeal.

The House was informed, "That John Lord Hope had not put in his Answer to the Appeal of George Marquis of Annandale and his Mother and Guardian, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Hugh M^c Donald, of the said Service, being read:

It is Ordered, That the said Lord Hope do peremptorily put in his Answer to the said Appeal, in a Week.

Visc. Gage and Whorwood's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Lady Viscountess Gage and her Trustees, and Thomas Whorwood Esquire, to purchase Lands of Inheritance, with the Money arising by Sale of their Estate in the County of Bucks."

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. Allen and Mr. Edwards:

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

Plunket against Weldon.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Justin Plunket Esquire is Appellant, and William Weldon Esquire 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.

Drax's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas Erle Drax Esquire, an Infant, and others, to grant Leases of several Manors and Lands, in the County of Wilts, in such Manner as is 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 usual Time and Place, on Wednesday the 18th Day of this Instant April; and to adjourn as they please.

Adjourn.

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

DIE Mercurii, 4^o Aprilis,

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

State of the National Debt delivered.

The House being informed, "That Mr. Chocke, from the Exchequer, attended:"

He was called in; and delivered, at the Bar, pursuant to Addresses to His Majesty,

"A State of the National Debt, provided or unprovided for by Parliament, as it stood 31st December 1731, and 31st December 1732; together with [ (fn. 1) an Accompt of] the Produce of the Sinking Fund in that Year, and to the Payment of what Debts, contracted before 25th December 1716, the said Fund has been applied."

Impost Duty on Tobacco delivered.

Also, "An Accompt of what Sums of Money have been annually paid into the Exchequer, for the Impost Duty on Tobacco, from Christmas 1717, to Christmas 1732."

And then he withdrew.

And the Titles of the said State and Accompt were read, by the Clerk.

Prestwood's Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, 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," 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.

East India Company against Attorney General.

Whereas this Day is appointed, for hearing the Cause wherein the United Company of Merchants of England trading to The East Indies are Appellants, and His present Majesty's Attorney General is Respondent:

It is Ordered, That the hearing the said Cause be put off to Monday next; and that the other Causes appointed to be heard on Cause-days be removed, to come on in Course.

Ryan peremptorily to answer Sankey's Appeal.

The House was informed, "That Patrick Ryan had not put in his Answer to the Appeal of Margaret Sankey Widow, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Joseph Thompson of the City of Dublin Yeoman, of the said Service, being read:

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

Wauchop peremptonly to answer D. Roxburgh's Appeal.

The House was informed, "That James Wauchop of Edmonston, Respondent to the Appeal of John Duke of Roxburghe, had not put in his Answer to the said Appeal, though due Service had been made of the Order of this House for that Purpose."

And thereupon an Affidavit, made by James Strange Writer in Edinburgh, of the said Service, being read:

It is Ordered, That the said James Wauchop do peremptorily put in his Answer to the said Appeal, in a Week.

Widdrington's Bill.

Ordered, That the Order, whereby the Bill to enable William late Lord Widdrington to sue or maintain any Action or Suit, notwithstanding his Attainder, was committed to a Select Committee, be discharged; and that the said Bill be committed to a Committee of the whole House, To-morrow.

L. Abergavenny's Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, 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," 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.

Adjourn.

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

DIE Jovis, 5^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Legh against Legh.

The several Answer of Henry Legh Gentleman, to the Appeal of George Legh Esquire:

White against Skene.

Also, the joint and several Answer of George Skene and his Infant Son, to the amended Appeal of Mrs. Frances White:

Lutwidge against Gray & al.

As also, the Answer of Archibald Gray and others, to the Appeal of Thomas Lutwidge and Peter How;

Were brought in.

L. Abergavenny's Bill:

Hodie 3^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."

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

It was resolved in the Affirmative.

Prestwood's Bill:

Hodie 3^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."

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

It was resolved in the Affirmative.

Message to H. C. with them.

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

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

Pitt's Bill.

The Lord Bathurst reported from the Lords Committees to whom the Bill, intituled, "An Act for rendering more useful, and preventing the (fn. 2) Inconvemencies 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," 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.

Report upon the Petition of Powys & al.

The Lord Delawarr reported from the Lords Committees appointed to consider of the Petition of Richard Powys Esquire, Richard Berney and Mary his Wife, and Stephen Gardiner Gentleman; setting forth, "That an Act was passed in the Second Year of His Majesty's Reign, intituled, "An Act for enclosing Aldham and Boyne Commons, belonging to the Parish of Hadleigh, in the County of Suffolk, for the better Maintenance of the Poor of the said Parish," whereby the Petitioners conceive their Interests are prejudiced;" and praying, therefore, That Leave may be given to bring in a Bill, for explaining the said Act, and repealing so much thereof as relates to the Interest of the Petitioners in the said Boyne Common:" "That the Committee have met, and considered the Matter to them referred; and have heard several Persons in relation thereto: And it appearing to their Lordships, that the said Act was obtained when the said Richard Powys was a Minor, and out of the Kingdom, neither had he or his Guardian any Notice of the then intended Enclosure, by which Means he was deprived of defending his Right in the Progress of the said Bill: And it further appeared to the Committee, upon inspecting the said Act, that there is no Saving Clause therein, whereby the Rights of the Petitioners, or other Persons who may conceive their Interests prejudiced thereby, are preserved to them: The Committee are therefore of Opinion, That Leave should be given to bring in a Bill, for explaining and amending the said Act."

Which Report being read, by the Clerk:

It is Ordered, That Leave be given to bring in a Bill, for explaining and amending the said Act, accordingly.

Order concerning the Meeting of Committees on Bills to enclose Commons.

Ordered, That, for the future, when a Committee shall be appointed, on any Bill for enclosing of Commons or Common Fields, Notice thereof be affixed on the Doors of this House, Fourteen Days before the Meeting of such Committee; and that the Parties who shall prosecute such Bills do cause early Notice of the Times of such Meetings of Committees to be given in The London Gazette.

L Bathurst's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, 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," 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.

Massachusets Bay to be heard, against the Sugar Colony Bill:

Upon reading the Petition of Francis Wilks, Agent for His Majesty's Province of The Massachusets Bay, and also Agent for His Majesty's Colony of Connecticut in New England; praying, "That Counsel may be heard, against the Bill, intituled, "An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America:"

It is Ordered, That the said Bill be read a Second Time on this Day Sevennight; and that the said Province and Colony may be heard, by their Agent or Counsel, at the Second Reading of the said Bill.

New York, to be heard also.

Also, upon reading the Petition of Samuel Baker, George Streatfield, Samuel Stork, Richard Janeway, and Rodrigo Pacheco, in Behalf of His Majesty's Province of New York; praying, "That they may be heard, by themselves or Counsel, what they have to offer against passing the abovementioned Bill, or so much of it as will affect the said Province:"

It is Ordered, That the Petitioners may be heard, as desired, at the Second Reading of the said Bill.

Manan to enter into a Recognizance for Ryan.

The House being moved, "That Anthony Manan of Lincoln's Inn Gentleman may be permitted to enter into a Recognizance for Jane Ryan Widow, on account of her Appeal depending in this House; she residing in Ireland:"

It is Ordered, That the said Anthony Manan may enter into a Recognizance for the said Appellant, as desired.

Buckland Commons enclosing Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Tithing of Buckland Newton, Mineterne Parva, and Knowle, in the Parish of Buckland Newton, alias Buckland Abbas, in the County of Dorset," 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 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.

Widdrington's Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable William Widdrington, late Lord Widdrington, to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate, that may or shall hereafter descend or come to him, or which he was entitled unto, in Reversion or Remainder, before his Attainder."

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."

A[...]

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

DIE Lunæ, 9^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Roxburgh against Wauchope.

The Answer of James Wauchope of Edmonstoun Esquire, to the Appeal of John Duke of Roxburghe:

L. Hope's Answer to Marq. Annandale's Appeal.

As also, the Answer of John Lord Hope, to the Appeal of George Marquis of Annandale, and his Mother and Guardian;

Were brought in.

L. Bathurst's Bill:

Hodie 3^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."

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

It was Resolved in the Affirmative.

Pitt's Bill:

Hodie 3^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."

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

It was Resolved in the Affirmative.

Buckland Commons enclosing, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Tithing of Buckland Newton, Mineterne Parva, and Knowle, in the Parish of Buckland Newton, alias Buckland Abbas, in the County of Dorset."

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

It was Resolved in the Affirmative.

Messages to H. C. with these Bills.

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

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

Pensilvania, against Sugar Colony Bill:

Upon reading the Petition of Ferdinando John Paris Gentleman, Agent for His Majesty's Province of Pensilvania in America; praying, "In Behalf of the said Province, that he may be heard, by his Counsel, against the Bill, intituled, "An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America:"

It is Ordered, That the Petitioner may be heard, as desired, at the Second Reading of the said Bill.

Rhoad Island, &c. against the same Bill.

Also, upon reading the Petition of Richard Partridge, Agent for the Colony of Rhoad Island and Providence Plantations in America; praying, "That the said Colony may be exempted in the abovementioned Bill; or that the Petitioner may be heard, by himself or Counsel, what he has to offer against passing the said Bill, or against so much of it as will affect the said Colony:"

It is Ordered, That the Petitioner may be heard, as desired, at the Second Reading of the said Bill, as may Counsel be heard for the Bill at the same Time.

Sir Theodore Janssen, Leav for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Theodore Janssen Knight and Baronet; 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 in Sir Theodore Janssen Knight and Baronet, and his Heirs, the Remainder in Fee Simple, now in the Crown, expectant on the Determination of certain Estates Tail, of and in the Manor and Advowson of Ower Moigne, in the County of Dorset, and several Lands and Hereditaments to the same Manor belonging."

Lutwidge, &c against Gray and al.

Upon reading the Petition of Thomas Lutwidge Merchant in Whitehaven, and Peter Howe Merchant there, his Assignee; setting forth, "That they are advised, One of the Respondents to their Appeal has failed in his Circumstances, and another of them is lately removed into Ireland, whereby they are in Danger of losing their Security;" and praying, "That Thursday the Third Day of May next may be appointed, for hearing the Cause, or such other Byeday as the House shall think fit:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the said Third Day of May.

Wauchope against D. Roxburgh

Upon reading the Petition and Cross Appeal of James Wauchope of Edmonstoun Esquire; complaining of an Interlocutor of the Lord Ordinary of the 21st of July 1732, and of Part of an Interlocutor of the Lords of Session in Scotland of the 19th of December last, made on the Behalf of John Duke of Roxburghe; and praying, "That the same may be reversed:"

It is Ordered, That the said Duke of Roxburghe may have a Copy of the said Appeal; and put in his Answer thereunto, in Writing, on or before Monday the 7th Day of May next.

The Answer of John Duke of Roxburghe, to the Cross Appeal of James Wauchope of Edmonstoun Esquire, was brought in.

Marq. Annandale against L. Hope.

The House being moved, "That Tuesday the 8th Day of May next may be appointed, for hearing the Cause wherein George Marquis of Annandale and Charlotta Marchioness of Annandale his Mother and Guardian are Appellants, and John Lord Hope is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the said 8th Day of May next, as desired.

D. Roxburgh against Wauchope, et è contra.

The like Motion and Order, for hearing the Causes wherein John Duke of Roxburghe is Appellant, and James Wauchope Esquire Respondent, et e contra, on Tuesday the First Day of May next.

East India Company against The Attorney General.

Counsel (according to Order) were called in, to be heard, in the Cause wherein the United Company of Merchants of England trading to The East Indies are Appellants, and His present Majesty's Attorney General is Respondent.

And the Appellants Counsel being heard accordingly, and divers Proofs on their Part read:

They were directed to withdraw.

And being withdrawn:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Cause between Mr. Legh and the Earl of Warrington, appointed to be heard To-morrow, be put off to the next Day on which this House shall sit.

Adjourn.

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

DIE Martis, 10^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

East India Company against The Attorney General.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of the United Company of Merchants of England trading to The East Indies, complaining of a Decree of the Court of Exchequer, of the 25th of February 1714, made in a Cause wherein the Attorney General to Her late Majesty was Plaintiff, and the Appellants were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of His present Majesty's Attorney General put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed, with a Variation.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of in the said Appeal be, and is hereby, so far varied, as that the Accompt thereby directed shall, instead of the Eighth of March 1703, the Time therein mentioned, commence from the Time of exhibiting the Information in the said Court; and that the said Decree in all other respects be, and is hereby, affirmed.

Horslydown Church, Bill.

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

With a Bill, intituled, "An Act for providing a Maintenance for the Minister of the new Church of Horslydown, in the Borough of Southwark, in the County of Surrey; and for making the District assigned to the same a distinct Parish; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Vernon's Appeal, Hearing appointed on a Bye-day.

Upon reading the Petition of John Vernon Esquire and others; setting forth, "That the Petitioners Appeal, in the ordinary Course it now stands, will not, in all Probability, come on to be heard this Session, occasioned chiefly by the Respondents Delays; and should it not come on this Session, the same will be of the utmost Inconvenience to the Petitioner John Vernon, his Possession of the Premises in Question being restrained till the Determination of the Cause;" and praying, "That Thursday the 26th Instant, or some other Bye-day, may be appointed, for hearing this Cause:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the said 26th Day of this Instant April.

Sir John Tynte's Bill.

Ordered, That the Committee to whom the Bill, 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 Halswell Tynte's Settlement, for Lives, or Years determinable on Deaths, according to the Custom of the Country," stands committed, be revived; and meet on Thursday next.

Warden's Bill revived.

The like Order, for reviving the Committee on the Bill to enable Mr. Warden to change his Name to Sergison.

Papers concerning the Massachusets Bay, from the Board of Trade, to be laid before the House.

Ordered, That the Commissioners for Trade and Plantations do lay before this House, a Conference between Jonathan Belcher Esquire, Captain General and Governor in Chief of His Majesty's Province of Massachusets Bay in New England, and the Chief Sachems of several Indian Tribes, with other Chief Men of the said Tribes, at Falmouth, in Casco Bay, in New England, in July, 1732.

And also, a Journal of the House of Representatives, at a Great and General Court of Assembly of His Majesty's Province of The Massachusets Bay in New England, begun and held at Boston, on Wednesday the 31st of May, 1732, and from thence continued by Adjournment to Wednesday the 1st Day of November following, and then met.

Widdrington's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable William Widdrington, late Lord Widdrington, to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate that may or shall hereafter descend or come to him, or which he was entitled unto, in Reversion or Remainder, before his Attainder."

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. Spicer and Mr. Edwards:

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

Amending Act for enclosing Aldham and Boyne Commons, Bill.

The Lord Carteret (pursuant to the Order of Thursday last) presented to the House a Bill, intituled, "An Act for explaining and amending Part of an Act, made in the Second Year of the Reign of His Majesty King George the Second, intituled, "An Act for enclosing Aldham and Boyne Commons, belonging to the Parish of Hadleigh, in the County of Suffolk, for the better Maintenance of the Poor of the said Parish."

And the same was read the First Time.

Stainton, Leave for a Bill to settle Bawtry's Estate.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Henry Stainton Merchant, 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 settling the Estate of Thomas Bawtry, late of Foston, in the County of York, Esquire, deceased, in his Surname and Blood; and making his Will more effectual for that Purpose."

Sir Theodore Janssen's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in Sir Theodore Janssen Knight and Baronet, and his Heirs, the Remainder in Fee Simple, now in the Crown, expectant on the Determination of certain Estates Tail, of and in the Manor and Advowson of Ower Moigne, in the County of Dorset; and several Lands and Hereditaments to the same Manor belonging."

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 25th Day of this Instant April, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Stafford & Ux. against L. Nassau Pawlet. Sir Thomas Prendergast against Oshaghnassy, &c.

The House was informed, "That Mr. Brereton attended, in order to deliver in several Pleadings and Proceedings, in the Causes wherein Arthur Stafford Esquire and his Wife are Appellants, and the Honourable Nassau Pawlett Esquire, commonly called Lord Nassau Pawlett, and others, Respondents; and wherein Sir Thomas Prendergast Baronet is Appellant, and Joseph Oshagnassy and Francis Enraght are Respondents."

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.

Adjourn

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