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

April 1733, 11-20

DIE Jovis, 12^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Gordon & al. against Sir James Sutue.

Upon reading the Petition of William Duff of Braco Esquire, and Alexander Hamilton, Agent for Sir James Suttie Baronet, Respondent to the Appeal of Cosmo George Duke of Gordon, and his Guardian, and others; praying, "That the Petitioner Mr. Duff may be immediately restored to the Possession of a Fishery in Question; he having given Security, and being willing to pay his Rent as this House shall direct; or that their Lordships will please to appoint a short Day for hearing this Cause:"

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

South Carolina against Sugar Colony Bill.

Upon reading the Petition of Peregrine Fury Esquire, Agent for His Majesty's Province of South Carolina in America; praying, "That he may be heard, by himself or 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; and that the same be read a 2d Time on this Day Sevennight; and nothing to intervene.

Message from H. C. with a Bill;

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

With a Bill, intituled, "An Act for dividing and enclosing the Hamlet of Aston Magna, in the Parish of Blockley, in the County of Worcester;" to which they desire the Concurrence of this House.

and to return L. Archibald Hamilton's Bill;

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

To return 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Accompt of the Produce of Tobacco imported into Scotland, delivered.

The House being informed, "That an Officer from the Commissioners of the Customs attended:"

He was called in; and delivered, at the Bar (pursuant to Orders of this House of the 20th of March last),

"An Accompt of the Gross and Net Produce of the Duties arising from Tobacco imported into Scotland, from Michaelmas 1721, to Michaelmas 1731."

Quantities imported and exported.

And also, "An Account of the Quantities of Tobacco imported into, and exported from, Scotland, from Michaelmas 1721, to Michaelmas 1731."

And then he withdrew.

And the Titles of the said Accompts were read, by the Clerk.

Legh against E. Warrington & al.

After hearing Counsel, upon the amended Petition and Appeal of George Legh Esquire; complaining of such Part of a Decree of the Court of Chancery, of the 17th of May last, as declares the Sum of Two Thousand Pounds to be a Charge upon the Real Estate of Langham Booth Esquire, deceased; and directs any Part of such Real Estate to be sold, for Satisfaction thereof; which Decree was made in certain Causes, wherein George Earl of Warrington was Plaintiff, and the Appellant and Henry Legh Gentleman, Sir Henry Mainwaring Baronet, and others, were Defendants, et è contra; and praying, "That such Part of the said Decree, as in the said Appeal is complained of, may be reversed:" As also upon the several Answers of the said Earl of Warrington, Henry Legh, and Sir Henry Mainwaring Baronet, an Infant, by Diana Mainwaring his Mother and Guardian, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

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 such Part of the said Decree as is therein complained of be, and is hereby, affirmed.

Viscountess Dowager Lanesborough against The Lessee of Mr. Fox, in Error; Judges to attend.

The House being moved, "To order, that the Judges do attend this House, upon arguing the Errors in the Case upon the Writ of Error, wherein Mary Viscountess Dowager Lanesborough is Plaintiff, and Mark Anthony Morgan Esquire, Lessee of George Fox Esquire, Defendant, by Counsel, at the Bar, on Tuesday next:"

The same was ordered accordingly.

Adjourn.

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

DIE Veneris, 13^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Horslydown Church, Bill.

Hodie 2^a vice lecta est Billa, 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."

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.

Warden to take the Name of Sergison, Bill.

The Earl of Warrington reported from the Lords Committees to whom the 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," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

D. Newcastle & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Holles Duke of Newcastle, Philip Dormer Earl of Chesterfield, and Gervase Scrope Esquire; 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 dividing the Scite of the late dissolved Monastery of Bellalanda, alias Byland, and divers Messages, Lands, Tenements, and Hereditaments, in the County of York, amongst Thomas Holles Duke of Newcastle, Philip Dormer Earl of Chesterfield, and Gervase Scrope Esquire, in the Manner therein mentioned."

Motion touching entailed Land to be considered, &c. Judges to attend.

The House being moved, "That a Bill may be brought in, for subjecting entailed Lands, and Lands in Fee, to the Payment of Debts:"

It is Ordered, That the said Motion be taken into Consideration on Wednesday next; and that some of the Judges do then attend this House.

Aldham and Boyne Commons, Act to explain, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for explaining and amending Part of an Act made in the Second Year of the Reign of His present Majesty, 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."

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 this Day Sevennight.

Dr. Wilkins to be heard concerning it.

Upon reading the Petition of David Wilkins Doctor in Divinity, Rector of the Parish of Hadleigh, in the County of Suffolk; praying, "That he may be heard, by himself or Counsel, what he has to object against passing the said Bill as it now stands:"

It is Ordered, That the said Petition be referred to the Consideration of the Committee to whom the said Bill stands committed; and that the Petitioner may be heard, as desired, before their Lordships; as may Counsel be heard for the Bill, at the same Time.

Little Hampton, alias Arundell Port, Bill.

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

With a Bill, intituled, "An Act for erecting Piers in, and for repairing and keeping in Repair, the Harbour of Little Hampton, called Arundell Port, in the County of Sussex;" to which they desire the Concurrence of this House.

Filling up Fleet Ditch, Bill.

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

With a Bill, intituled, "An Act for filling up such Part of the Channel of Bridewell Dock and Fleet Ditch, as lies between Holborn Bridge and Fleet Bridge; and for converting the Ground, when filled up, to the Use of the City of London;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

D. Argyll against Hamilton & al.

The House was informed, "That the Matters in Difference, with respect to the Cause wherein John Duke of Argyll and Greenwich is Appellant, and Elizabeth Hamilton and others are Respondents, were likely to be accommodated; a Reference having been submitted to:"

Whereupon the Agents on both Sides were called in; and, at the Bar, desiring the said Hearing might be put off for some Time:

And being withdrawn:

It is Ordered, That the hearing the said Cause be adjourned to this Day Fortnight.

Message from H C. to return Savery's Bill.

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

To return 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;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

And the said Amendments being read by the Clerk:

It is Ordered, That the same be taken into further Consideration on Wednesday next.

Selling Bawtry's Estate, Bill.

Hodie 2^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."

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

Their Lordships, or any Five of them; to meet on Saturday the 28th Day of this Instant April, at the usual Time and Place; and to adjourn as they please.

Sir John Tynte's Bill.

The Lord Delawarr reported from the Lords Committees 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," 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 One Amendment thereunto."

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

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

Aston Magna enclosing, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Hamlet of Aston Magna, in the Parish of Blockley, in the County of Worcester."

Adjourn.

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

DIE Lunæ, 16^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Tasborough against Sir Robert Ecklin.

The Answer of Sir Robert Ecklin Baronet and others, to the Appeal of Henry Tasburgh and George M' Nemara, was brought in.

D Newcastle & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing the Scite of the late dissolved Monastery of Bellalanda, alias Byland, and divers Messuages, Lands, Tenements, and Hereditaments, in the County of York, amongst Thomas Holles Duke of Newcastle, Philip Dormer Earl of Chesterfield, and Gervase Scrope Esquire, in the Manner therein mentioned."

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

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

Papers concerning the Massachusets Bay, from the Board of Trade, delivered.

The House being informed, "That the Secretary to the Commissioners for Trade and Plantations attended:"

He was called in; and delivered, at the Bar, (pursuant to the Order of the House of Tuesday last) Two Papers, intituled as follow:

"A Conference between Jonathan Belcher Esquire, Governor in Chief of His Majesty's Province of The Massachusets Bay in New England, and the Chief Sachems of several Indiam Tribes, at Falmouth, in Casco Bay, in New England, in July 1732."

"A Journal of the House of Representatives, at a Great and General Court or Assembly of the abovementioned Bay, begun and held at Boston, on Wednesday the 31st of May 1732, and from thence continued, by several Adjournments, to Wednesday the 1st Day of November following, and then met."

And then he withdrew.

And the said Titles were read, by the Clerk.

Sir John Tynte's Bill:

Hodie 3^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 Halswell Tynte's Settlement, for Lives, or Years determinable on Deaths, according to the Custom of the Country."

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. Lightboun and Mr. Thomas Bennet:

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

Messages from thence, with Bills.

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

With a Bill, intituled, "An Act to explain and amend an Act passed in the First Year of the Reign of His late Majesty King George the First, intituled, An Act for vesting the Honour and Estate of John Duke of Atholl in James Murray Esquire, commonly called Lord James Murray, after the Death of the said Duke;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act to naturalize Jean Lagier Lamotte;" to which they desire the Concurrence of this House.

Warden to take the Name of Sergison, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Thomas Wardon 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."

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 the former Messengers:

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

E. Thomond against Hamiltons.

After hearing Counsel, in Part, upon the Petition and Appeal of Henry Earl of Thomond in the Kingdom of Ireland, and Viscount Tadcaster, to which James Hamilton and John Hamilton Esquires, and John Jacob Gentleman, are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and the Cause for that Day be put off to Friday; and the Judges to attend; and the Cause on Wednesday to Monday; and that the other Causes on Cause-days be removed, to come on in Course.

Adjourn.

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

DIE Martis, 17^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Plunket against Weldon.

Upon reading the Petition of Justin Plunket Esquire, commonly called Justin Earl of Fingall; setting forth, "That there being so many Causes precedent to his, on Cause-days, that he is apprehensive the same cannot come on this Session, to be heard in Course, as it now stands; the Consequence whereof will be, that the Petitioner will be deprived of any Allowance out of the Profits of his Estate till the next Session; and, in the mean Time, some of the Tenants will break, and run away with the Arrears in their Hands;" and praying, "That this Cause may be appointed to be heard on such Bye-day as this House shall think fit:"

It is Ordered, That the said Cause be heard on Tuesday the 15th Day of May next.

D. Bridgewater against Sir Francis Edwards.

The House being moved, "To appoint Thursday the 17th Day of May next, for hearing the Cause wherein Scroop Duke of Bridgewater is Appellant, and Sir Francis Edwards Baronet Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the said 17th Day of May next, as desired.

Aston Magna enclosing Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Hamlet of Aston Magna, in the Parish of Blockley, in the County, of Worcester."

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 2d Day of May next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Little Hampton, alias Arundell Port, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for erecting Piers in, and for repairing and keeping in Repair, the Harbour of Little Hampton, called Arundell Port, in the County of Sussex."

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 Thursday next; and to adjourn as they please.

White against Skene & al.

The House being moved, "To appoint Tuesday the 22d Day of May next, for hearing the Cause wherein Mrs. Frances White is Appellant, and George Skene of Skene and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the said 22d Day of May next, as desired.

Lagier Lamotte, Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to naturalize Jean Lagier Lamotte."

Hasenfeller to be added to it.

Upon reading the Petition of Godfried Hasenfeller; praying, "That his Name may be inserted in the said Bill:"

It is Ordered, That the said Petition do lie on the Table, till the said Bill be read a 2d Time.

Sankey against Graham & al.:

Upon reading the Petition of Margaret Sankey Widow; setting forth, "That, in Pursuance of an Order of this House, she has amended her Appeal, and made Patrick Ryan and Garret Doyle Respondents; the former of which has not yet answered, though a peremptory Day was for that Purpose appointed, and is now expired; and that the said Doyle is not either in Great Britain or Ireland, but in Foreign Parts beyond the Seas, so that he cannot be served with their Lordships Order, as by the Petitioner's Affidavit annexed appears;" and praying, "That a Day may be appointed, for hearing this Cause, (fn. 1) and against the said Ryan and Doyle, ex Parte:"

And thereupon the said Affidavit being read:

Hearing appointed ex Parte.

It is Ordered, That the said Cause be accordingly heard, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Horslydown Church, Bill.

The Lord Delawarr reported from the Lords Committees to whom the 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," was committed: That they had considered the said Bill, and examined the Allegations thereof, which-were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

E. Thomond against Hamiltons.

After hearing Counsel further, 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, and John Jacob Gentleman, are Respondents:

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

Adjourn.

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

DIE Mercurii 18^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Lord Delawarr appointed Speaker by Commission.

The Duke of Greenwich signified to the House, That His Majesty had caused a Commission to be issued under the Great Seal, constituting and appointing John Lord Delawarr, Treasurer of His Majesty's Household, to be Speaker, during the Absence of Peter Lord King, Lord High Chancellor of Great Britain."

And thereupon the said Commission was read, by the Clerk, as follows:

"GEORGE R.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; to Our Right Trusty and Well-beloved Counsellor John Lord Delawarr, Treasurer of Our Household, Greeting. Know ye, that We, trusting in your approved Fidelity, Wisdom, and Discretion, have constituted, named, and appointed, and, by these Presents, do constitute, name, and authorize you, from Time to Time, to use and supply the Room and Place of Lord Chancellor of Great Britain, in the Upper House of Parliament, amongst the Lords Spiritual and Temporal there assembled, during the Absence of Our Right Trusty and Wellbeloved Counsellor Peter Lord King, Baron of Ockham, Lord Chancellor of Great Britain, from his accustomed Place in Our said Upper House of Parliament; and then and there to do and execute all such Things which Our said Chancellor of Great Britain, using and supplying the said Room and Place, should or might do in that Behalf: Wherefore We will and command you the said John Lord Delawarr to attend and execute the Premises with Effect. And these Our Letters Patents shall be your Warrant and Discharge for the same, in every Behalf. In Witness whereof, We have caused these Our Letters to be made Patents.

Witness Ourself, at Westminster, the Fifteenth Day of April, in the Sixth Year of Our Reign.

"Signed by the King's own Hand.

"Bisse & Bray."

The Commission being ended; the Lord Delawarr was called upon by the Lords to take his Place on the Woolsack; and their Lordships appointed the Mace to be laid thereupon, and carried before him.

PRAYERS.

Drax's Bill

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, 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," 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.

Cholmondeley, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Charles Cholmondeley, of Vale Royal, in the County Palatine of Chester, Esquire, his Wife, and Infant Son; 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 Part of the Estate of Charles Cholmondeley Esquire, in the County of Chester, in Trustees, to be sold, to raise Money, for the Payment of Debts, and other Purposes therein mentioned."

Land Tax Bill:

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

With a Bill, intituled, "An Act for granting an Aid to His Majesty, to be raised by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty-three;" to which they desire the Concurrence of this House.

Highways from Endfield to Hertford, &c. to repair, Bill:

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

With a Bill, intituled, "An Act for making more effectual an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, for repairing the Roads therein mentioned, from the Parish of Enfield, in the County of Middlesex, to the Town of Hertford, and to the Great Bridge in Ware, in the County of Hertford; and for amending the Road from the said Great Bridge to the South End of the Great Bridge at Wade's Mill, and from the great Road at Cheshunt to the West End of Small LeaBridge, in the said County of Hertford;" to which they desire the Concurrence of this House.

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

Amendments to Saverv's Bill agreed to.

The House (according to Order) proceeded to take into further Consideration the Amendments made by the Commons to 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."

And the same were read, by the Clerk, as follow:

"Press 4. Line 8. After ["attained"], insert ["and the said Term stands assigned to the said John Belfield, as a Security for the said One Thousand Five Hundred Pounds"].

"Pr. 6. L. 4. After ["them"], insert ["shall be deemed a good Payment"]."

And it appearing, by the First Amendment, a parcular Fact was alledged:

Mr. Serjeant Belfield (to whom the Term mentioned in the said Amendment is assigned), and Samuel Cooling, One of the Witnesses to the Execution of the Assignment, attending:

They were called in; and the said Assignment was delivered in, by the said Serjeant.

And the said Witness attesting upon Oath, "That the same was duly executed:"

They were directed to withdraw.

And the Assignment was read, by the Clerk.

Which done; the said Amendments were read a Second Time, and severally agreed to by the House.

And a Message was sent to the House of Commons, by Mr. Spicer and Mr. Edwards, to acquaint them therewith.

Fleet Ditch for filling up, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for filling up such Part of the Channel of Bridewell Dock and Fleet Ditch as lies between Holborn Bridge and Fleet Bridge; and for converting the Ground, when filled up, to the Use of the City of London."

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

Horslydown Church, Bill:

Hodie 3^a vice lecta est Billa, 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."

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 the former Messengers:

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

E. Thomond against Hamilton.

After hearing Counsel further, 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, and John Jacob Gentleman, are Respondents:

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

Sugar Colonies Bill, and Causes, put off.

Ordered, That the Second Reading of the Bill relating to His Majesty's Sugar Colonies in America, which was appointed for To-morrow, be put off to Monday next; and the Cause for that Day be put off to Wednesday, and the other Causes on Cause-days removed in Course: And that the Cause appointed for To-morrow be put off to Tuesday next; and the Cause for that Day to the Thursday following; and the other Causes on Bye-days removed in Course.

Adjourn.

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

DIE Jovis, 19^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Delawarr sat Speaker, by virtue of His Majesty's Commission.

Little Hampton alias Arundell Port, Bill.

The Earl of Scarbrough reported from the Lords Committees to whom the Bill, intituled, "An Act for erecting Piers in, and for repairing and keeping in Repair, the Harbour of Little Hampton, called Arundell Port, in the County of Sussex," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Cholmondeley's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Charles Cholmondeley Esquire, in the County of Chester, in Trustees, to be sold, to raise Money, for the Payment of Debts; and other Purposes therein mentioned."

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

Their Lordships, or any Five of them; to meet on Friday the 4th Day of May next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Henley, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Anthony Henley, of Grange, in the County of Somerset, Esquire; 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 Part of the Estate of Anthony Henley Esquire in Trustees, to be sold, for discharging of the several Debts and Incumbrances affecting the same; and for making a further separate Provision for the Lady Elizabeth his Wife, during their joint Lives."

D. Gordon & al. to amend Appeal.

Upon reading the Petition of Cosmo George Duke of Gordon, and his Guardian, and others; setting forth, "That, after Directions were given to prefer the Petitioners Appeal, Two other Interlocutors were made by the Court of Session in Scotland, in the Cause below, One dated the 3d of March last, and another the 9th Day of the same Month, preferring William Duff of Braco Esquire to the Lease of a Salmonfishing in Question, and directing the Sheriff of the County to put him in Possession thereof;" and praying, "That the Petitioners may have Leave to amend their said Appeal, by adding the said Two Interlocutors, and making the said William Duff a Party to the same:"

It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, as desired; and that the said William Duff may have a Copy thereof, and do put in his Answer thereunto, in Writing, in Four Weeks.

Drax's Bill:

Hodie 3^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."

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. Elde:

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

Message from thence, to return Chipping Warden Common Enclosure, Bill.

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

To return 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;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.

The said Amendment, being read by the Clerk, was agreed to by the House.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Land Tax Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirtythree."

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

Hasenfeller takes the Oaths for Naturalization.

George Godfried Hasenfeller took the Oaths appointed, in order to his Naturalization.

Lamotte's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize Jean Lagier Lamotte."

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 usual Time and Place, on Monday next:

And that the Petition of George Godfried Hasenfeller; praying, "That his Name may be inserted in the said Bill;" which was ordered to lie on the Table, be referred to the said Committee.

E. Thomond against Hamiltons, &c.

After hearing Counsel further, 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, and John Jacob Gentleman, are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Writ of Error between the Viscountess Dowager Lanesborough and the Lessee of Mr. Fox be put off to Wednesday; and the Causes on Cause-days removed in Course.

Adjourn.

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

DIE Veneris, 20^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill; and to return Lady Gage's and Whorwood's Bill.

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

With a Bill, intituled, "An Act for vesting in Trustees the unsettled Estates of William Brandon deceased, to be sold, for Payment of a Debt due from him to the Crown; and for applying the Residue of the Money arising by such Sale for the Benefit of his Family;" to which they desire the Concurrence of this House.

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

To return the Bill, 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Berkshire Road, Bill.

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

With a Bill, intituled, "An Act for repairing the Roads leading from a Place called St. John's Bridge, in the County of Berks, to a Place called Fyfield, in the said County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Tasburgh against Sir Robert Ecklin:

The House was informed, "That Mr. Brereton attended, in order to deliver in several Papers and Pleadings, in the Cause wherein Henry Tasburgh and George M Nemara are Appellants, and Sir Robert Ecklin Baronet and others 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.

E. Thomond against Hamiltons:

After hearing Counsel, as well on this Day as on Monday, Tuesday, Wednesday, and Thursday last, upon the Petition and Appeal of Henry Earl of Thomond in the Kingdom of Ireland and Viscount Tadcaster; complaining of a Decree of the Court of Chancery in Ireland, made the 3d Day of March 1731, in a Cause wherein the Appellant was Plaintiff, and James Hamilton and John Hamilton Esquires, and John Jacob Gentleman, were Defendants; and praying, "That the said Decree may be reversed; and that the Appellant may have such Relief given him as to the Wisdom and Justice of this House shall seem meet:" As also upon the several Answers of the said James Hamilton, John Hamilton, and John Jacob, put in to the said Appeal; and due Consideration had of what was offered on both Sides in this Cause.

Decree affirmed.

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

Henley's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estates of Anthony Henley Esquire in Trustees, to be sold, for Discharge of the several Debts and Incumbrances affecting the same; and for making a further separate Provision for the Lady Elizabeth his Wife, during their joint Lives."

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 Saturday the 5th Day of May next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Brandon's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting in Trustees the unsettled Estates of William Brandon deceased, to be sold, for Payment of a Debt due from him to the Crown; and for applying the Residue of the Money arising by such Sale for the Benefit of his Family."

Ordered, That the Consideration of the said Bill be, and is hereby, referred to Mr Justice Probyn and Mr. Justice Lee; who are forthwith to summon all Parties that are to be concerned therein; and, after hearing them, and perusing a Copy of the Bill attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Sir Thomas Prendergast against Oshaghnassy, &c.

Upon reading the Petition of John Burke, Agent for Joseph Oshagnassy, One of the Respondents to the Appeal of Sir Thomas Prendergast Baronet; praying, "In regard the Respondent's Papers are not yet come from Ireland, to enable the Petitioner to make his Defence; and all the Fortune the said Respondent has in the World being the Matter in Contest; that the hearing the said Appeal, which now stands for Tuesday next, may be put off to Saturday the 19th Day of May, or to such other Time as this House shall think proper:"

And thereupon the Petitioner and Mr. Geekie the Appellant's Agent were called in, and heard at the Bar.

And being withdrawn:

It is Ordered, That the hearing the said Cause be put off to Saturday the said 19th Day of May next; and then to be heard peremptorily.

Lord James Murray's Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the First Year of the Reign of His late Majesty King George the First, intituled, "An Act for vesting the Honour and Estate of John Duke of Atholl in James Murray (commonly called Lord James Murray), after the Death of the said Duke."

His Majesty's Consent signified.

The Duke of Newcastle acquainted the House, "That His Majesty, having been apprized of the Contents of the said Bill, had commanded him to signify to their Lordships, that His Majesty gives His Consent to the said Bill, so far as the Interest of the Crown is concerned."

Adjourn.

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