House of Lords Journal Volume 24: March 1732, 1-10

March 1732, 1-10

DIE Jovis, 2^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Dunsany against Shaw.

The Answer of Thomas Shaw, to the Appeal of Randall Lord Baron of Dunsany:

Vernon against Vernon.

And also, the Answer of George Vernon Esquire and others, to the Appeal of Jane Vernon Widow;

Were brought in.

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 an Address to His Majesty, of the 17th of February last,

"A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1730, and 31st of December 1731; 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."

And then he withdrew.

And the Title of the said State was read, by the Clerk.

L. Viscount Molesworth's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling Richard Lord Viscount Molesworth and his Brothers to make Leases for Lives, or Years determinable upon Lives, renewable for ever, of a Piece of Ground in the City of Dublin."

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 17th Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Mitchells, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Margery Mitchell Widow 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 Sale of the Estate of Thomas Mitchell deceased, lying in the County of Warwick, for Payment of the Debts charged thereupon; and for making Provision for his Widow and Infant Children."

L. Viscount Weymouth, clarming by virtue of a Special Limitation in Remainder, introduced.

The House was informed, "That Thomas Lord Viscount Weymouth was without, ready to be introduced; and that the Clerk or Keeper of the Records in the Chapel of The Rolls attended, with the Record of the Enrolment of the Patent granted by King Charles the II^d to the late Lord Viscount Weymouth, dat. 11^o Decembris, 34^o Caroli 2^di."

And the present Viscount, claiming by Virtue of a Special Limitation in Remainder in the said Patent, was, in his Robes, introduced, between the Lord Viscount Tadcaster and the Lord Viscount Cobham (also in their Robes); the Gentleman Usher of the Black Rod, Garter King of Arms, and the Deputy Earl Marshal of England, preceding.

The said Viscount presented his Writ of Summons to Parliament to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it to the Clerk; and the Record of the Enrolment of the said Patent was read, at the Table, by the Clerk of The Rolls:

And the said Writ of Summons was also read, as follows:

His Writ of Summons.

"Georgius Secundus, Dei Gratia, Magn. Britonn. Franc. & Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consanguineo Nostro Thomæ Vicecomiti Weymouth, Salutem. Cum Parliamentum Nostrum, pro arduis et urgentibus Negotils, Nos, Statum et Defensionem Regni Nostri Magn. Britann. et Ecclesiæ concernentibus, apud Civitatem Nostram Westm. nunc congregat. existit.; vobis, sub Fide et Dilectione quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, ad Parliamentum Nostrum præd. personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus dicti Regni Nostri, super dictis Negotiis tractatur. vestrumque Consilium impensur.; et hoc sicut Nos et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ prædict. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. Vicesimo Octavo Die Februarii, Anno Regni Nostri Quinto.

"Bisse & Bray."

Then his Lordship, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed in his due Place, between the Lord Viscount Townshend and the Lord Viscount Hatton.

Purton Common to enclose, Bill.

The Earl of Shaftesbury, pursuant to the Order of Thursday last, presented to the House a Bill, intituled, "An Act for enclosing and dividing a Common Pasture Ground, called Momes Leaze, situate and lying in the Parish of Purton, in the County of Wilts."

And the said Bill was read the First Time.

Kynaston and Sir N. Curzon to be heard by Counsel, concerning the Barony of Powys.

Upon reading the Petition of John Kynaston Esquire; praying, "That he may be at Liberty to be heard, by his Counsel, before the Lords Committees for Privileges, to whom his Petition to His Majesty, claiming the Barony of Powys, stands referred:"

It is Ordered, That the Petitioner may be heard, by his Counsel, before the said Committee, as desired.

Ordered also, That Sir Nathaniel Curzon Baronet be at Liberty to be heard, by Counsel, before the same Committee, upon his Petition to His Majesty, in relation to the said Barony.

Strangways, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Thomas Strangways Horner Esquire and Susanna his Wife, 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 making Leases of the Estate late of Thomas Strangways Esquire and Elizabeth late Dutchess of Hamilton his Sister (both deceased); and for applying the Money arising thereby, for the Purposes therein mentioned."

Hepburn Rickhart against E of Hoptoun.

Upon reading the Petition and Appeal of James Hepburn Rickhart of Keith Esquire; complaining of Two Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the 15th and 17th of February last, made on the Behalf of Charles Earl of Hoptoun; and praying, "That the same may be reversed, and such other Relief in the Premises as to this House shall seem meet:"

It is Ordered, That the said Earl of Hoptoun may have a Copy of the said Appeal; and put in his Answer thereunto, in Writing, on or before Thursday the 30th Day of this Instant March; and that Service of this Order upon the Agents or Procurators of the said Earl in the Court below be deemed good Service.

Lloyd & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Charles Lloyd Junior and others were 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 2^a vice lecta est Billa, intituled, "An Act for supplying a Defect in a Conveyance lately made by Charles Lloyd Senior and Sarah his Wife, and Charles Lloyd Junior and Jane his Wife; and for the Sale of certain Lands in the County of Montgomery, for raising Three Thousand Pounds, and Six Hundred Pounds; and for other Purposes therein mentioned."

Vernon's Appeal:

Upon reading the Petition of George Vernon Esquire and Sir Charles Vernon Knight, Respondents to the Appeal of Jane Vernon, Widow and Executrix of Thomas Vernon Esquire deceased; praying, "In regard the Petitioners apprehend that the said Appeal is brought only for Delay; that a short Day may be appointed, for hearing the same:"

Hearing appointed on a Bye day.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 14th Day of this Instant March, at Eleven a Clock.

Process in Courts of Equity to make effectual, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for making Process in Courts of Equity effectual, against Persons who abscond, and cannot be served therewith, or who refuse to appear."

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 would be ready to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Adjourn.

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

DIE Veneris, 3^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Brown; called Ld. Kenmare against Lavallin & al.

The joint and several Answers of James Lavallin and others, to the Appeal of Valentine Brown Esquire:

As also, the Answer of John Damer Esquire to the same Appeal;

Were brought in.

Strangways' Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making Leases of the Estate late of Thomas Strangways Esquire, and Elizabeth late Dutchess of Hamilton his Sister (both deceased); and for applying the Money arising thereby for the 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 Saturday the Eighteenth Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Mitchel's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Thomas Mitchell deceased, lying in the County of Warwick, for Payment of the Debts charged thereupon; and for making Provision for his Widow and Infant Children."

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

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

Blackwood against Eriskin & al. et è contra:

Counsel (according to Order) were called in, to be heard, upon the Original Petition and Appeal of Robert Blackwood of Pitreavie Esquire, whereunto Colonel John Eriskin, David Earl of Buchan, Mr. Charles Eriskin, and others, the Representatives and Executors of Katherine Lady Cardros, and Major William Eriskin of Tory, the Representative of Mr. William Eriskin some Time Governor of Blackness Castle, are Respondents: As also upon the Cross Appeal of the said Colonel John Eriskin and others, to which the said Robert Blackwood is Respondent.

And the Counsel for the Original Appellant proceeding:

The Respondents Counsel objected, "That there were not proper Parties to the said Appeals."

Whereupon the Counsel on both Sides were heard thereunto.

And then they were directed to withdraw.

And being withdrawn:

Appeals dismissed.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petitions and Appeals be, and are hereby, dismissed this House.

Process in Courts of Equity to make effectual, Bill.

The Lord Delawarr (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for making Process in Courts of Equity effectual, against Persons who abscond, and cannot be served therewith, or who refuse to appear," 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.

Abbott, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Penelope Abbott Widow 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 Sale of the Real Estate late of Robert Abbott Esquire, deceased, for discharging his Debts and Incumbrances; and for making a Provision for his Widow and only Son."

Adjourn.

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

DIE Lunæ, 6^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bindon against Ryves.

The Answer of William Ryves Merchant, to the Appeal of David Bindon:

Cotter against E. of Barrymore.

As also, the Answer of James Earl of Barrymore, to the Appeal of Lawrence Cotter Esquire;

Were brought in.

Sir Ralph Hare & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Sir Ralph Hare Baronet 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 making effectual an Agreement between Sir Ralph Hare and his Brothers, for raising Money upon Part of his entailed Estate; and for settling other Estates, not entailed, of greater Value, in Lieu thereof."

Petition to put off hearing the Appeal of Brown, called Ld. Kenmare.

Upon reading the Petition of John Ellis, Agent for James Lavallin Esquire and others, Respondents to the Appeal of Valentine Brown Esquire; praying, "In regard a Compromise was set on Foot by the Appellant; on which the Respondents relying; and therefore not making Preparation for their Defence; that the hearing the said Appeal, which now stands for Wednesday next, may be put off to such further Day as to the House shall seem meet:"

And thereupon an Affidavit of Eliza White, in Support of the Allegations of the said Petition, being read:

It is Ordered, That the said Hearing be put off to Tuesday the 21st Day of this Instant March.

Campbell against Aikenhead:

Counsel (according to Order) were called in, to be heard, upon the amended Petition and Appeal of the Honourable Elizabeth Campbell, Widow and Executrix confirmed of John Campbell Esquire deceased, whereunto John Aikenhead is Respondent.

And the Counsel for the Appellant proceeding, and entering into the Merits of the Cause:

No Counsel appearing for the Respondent:

The Appellant's Counsel were directed to withdraw.

And the Agents on both Sides were called in.

And the Respondent's Agent being heard, in relation to an Agreement between the Parties, that had been treating of for a considerable Time, but not yet perfected:

And the Appellant's Agent being likewise heard in relation thereunto:

They were directed to withdraw.

And being withdrawn:

Hearing adjourned for a Month, and Respondent to pay 20 l.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the hearing the said Cause be put off to this Day Month; and that the Respondent do pay, or cause to be paid, to the Appellant, the Sum of Twenty Pounds, for the Costs of this Day.

Debtors in Wilts, Petition.

A Petition of the unhappy Debtors in the County Gaol in and for the County of Wilts, was presented, and read; praying, "That all such Persons as are or shall be on Mesne Process, or charged in Execution, may be discharged, without any Limitation of Sum, upon surrendering up their all, for the Benefit of their Creditors in general, or such other Relief as the House shall think fit:"

It is Ordered, That the said Petition do lie on the Table.

Congreve, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Abigail Congreve Widow 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 the Seat and Estate of John Congreve Esquire, in Stretton, in the County of Stafford, in Trustees, to be sold, for discharging his Debts, for which his Eldest Son stands engaged; and purchasing another Estate, more suitable to the Occasions of his Family, to be settled in Lieu thereof."

L. Dunsany against Shaw & al.:

The House was informed, "That Mr. John Sheil attended, in order to deliver in some Pleadings and Proceedings, in the Cause wherein Randal Lord Baron of Dunsany, in the Kingdom of Ireland, is Appellant, and Thomas Shaw and others are Respondents."

Pleadings proved.

Accordingly 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.

Brown, called Ld Kenmare against Lavallin & al.

The House was likewise informed, "That Mr. Timothy M^cCarty attended, and desired to deliver in some Pleadings and Proceedings, in the Cause wherein Valentine Brown Esquire is Appellant, and James Lavallin Esquire and others are Respondents:"

Pleadings Proved.

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.

Adjourn.

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

DIE Martis, 7^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Abbott's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Real Estate late of Robert Abbott Esquire, deceased, for discharging his Debts and Incumbrances; and for making a Provision for his Widow and only Son."

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

Congreve's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Seat and Estate of John Congreve Esquire, in Stretton, in the County of Stafford, in Trustees, to be sold, for discharging his Debts, for which his Eldest Son stands engaged; and purchasing another Estate, more suitable to the Occasion of his Family, to be settled in Lieu thereof."

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

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

Sir Ralph Hare's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making effectual an Agreement between Sir Ralph Hare and his Brothers, for raising Money upon Part of his entailed Estate; and for settling other Lands, not entailed, of greater Value, in Lieu thereof."

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

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

Stafford & Ux. against Gen Crofts & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Arthur Stafford and Susanna his Wife are Appellants, and Major General James Crofts 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.

Mutiny and Desertion, Bill:

The Order of the Day being read, for the House to be put into a Committee of the whole House upon the Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

Motion to limit the Number of Men to 12000r

Proposed, "That it be an Instruction to the said Committee, that the Number of Men specified in the said Bill do not exceed Twelve Thousand."

After long Debate;

The Question was put, "Whether such an Instruction shall be given to the said Committee?"

It was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

Abingdon.

"1st, Because so great a Number of Troops as is established by this Bill was never before allowed by Parliament in Time of settled Peace; and no Reason was given, in Opposition to the Instruction, but what, we conceive, must equally hold good in all future Times; for when can we hope to see a Session of Parliament opened with more satisfactory Declarations, and stronger Assurances of Happiness and Security, than those contained in His Majesty's most Gracious Speech from the Throne, on the First Day of this Session? His Majesty is therein pleased to declare, "That His Expectations are fully answered; that the general Tranquillity of Europe is restored and established, that the tedious Work is perfected and finished; that the Wounds, which have been long bleeding, are entirely healed; that the National Expence will be considerably lessened; and that the Nation shall reap the Fruits of His Endeavours." In such a Situation of Affairs, we conceive that we could not act consistently with His Majesty's gracious Disposition to His People, agreeably to the Honour of this House, nor with that Regard we must always have for the Liberties of our Fellow Subjects, without endeavouring to reduce the Number of Troops specified in the Bill.

"2dly, Because the settled State of Affairs at Home, and the great Duty and Affection His Majesty's Subjects have shewn to Him upon all Occasions, should, in our Opinion, be a full Answer to all Arguments that can be drawn to justify the keeping up so great a Number of Troops, from any Apprehensions of a Pretender to the Throne. For if the present Circumstances of this Nation be compared with the Situation of Affairs after the Treaty of Reswick, or that of Utrecht, these Kingdoms will be found infinitely more secure in that Particular. In the First Period of Time, the late King James was living, who had an Irish Army in His Pay in France; many of His old Servants and Soldiers were then alive and active, in England and Scotland; a potent Prince and Nation always supporting Him, and ready at any Time to arm in His Cause. As to the Second Period of Time, the Pretender was in the Neighbourhood of France; that French King, who had maintained him and his Family, was still living; and the Protestant Succession had not then taken Place. Yet, in both those Points of Time, Half the Number of Troops allowed by the present Bill was not only thought by Parliament, but by Experience found, sufficient for our Security. How little Foundation then does there seem to be for continuing such a Number of Forces at this Juncture, when the Pretender has been long removed beyond The Alps; and a Prince on the Throne of France, who seems more intent to make His own Dominions flourish by Trade, than, out of a restless Ambition, to disturb His Neighbours. Sufficient Reasons may be drawn from the present Disposition of Affairs in that Kingdom, as well as those of Spain, to increase our Naval Force; but none, in our Opinion, for maintaining such an Army at Land. The present Royal Family is now (God be praised) firmly seated on the Throne; and nothing can shake it, but an Administration which shall venture to depart from the Principles on which the Act of Settlement was founded. That Settlement was founded on Liberty, and, by the Nature of Things, must be coæval with Liberty.

"3dly, Because it has hitherto been thought the Happiness of our Situation, as an Island, that we have not had the same Occasion for Numbers of Troops to defend us, as those on the Continent. To prevent the Inroads of their Neighbours, they have been obliged to keep up Standing Armies, which have generally been the Cause of the Loss of their Liberties, and always proved the sure Means of fixing their Chains upon them.

"4thly, Because we are fully convinced, that His Majesty will reign the more firmly in the Hearts of all His People, the more He places His Confidence in them; and we conceive it to be an Indignity to Him to suggest, that He cannot now be secure on the Throne, without the Assistance of a greater Standing Force than even His Royal Father was contented with in Times of less Tranquillity. Although it seemed to be the Tendency of some Arguments used against the Question, yet we can never be brought to believe that this Nation is in Danger of being over-run by any Foreign Force; our Apprehensions are, that it can only be ruined and enslaved by a Standing Army at Home; and we are justly jealous, from the Experience of former Times, that the Crown itself, as well as the Liberties of the People, may be found at length to be at their Disposal.

"Lastly, We refer to the Four First Reasons entered on our Journals the 24th Day of February, in the Year 1717, signed by many Lords of this House.

"Boyle.
Scarsdale.
Litchfield.
Shaftesbury.
Strafford.
Exeter.
Bristol.
Coventry.
W^a. & Nottingham.
Foley.
Gower.
Maynard.
Craven.
Northampton.
Carteret.
Tweeddale.
Suffolk.
Aylesford.
Tadcaster.
Bridgewater.
Bathurst.
Thanet.
Ker."

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

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."

Ordered, That the said Bill be read the Third Time on Friday next.

Adjourn.

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

DIE Veneris, 10^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt

Fredericus Princeps Walliæ.

PRAYERS.

Hamilton against Directors of Dutch East India Company.

The Answer of the Directors of the Dutch East India Company and William Drummond their Factor, to the Appeal of Captain Alexander Hamilton, was brought in.

E. Abingdon's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting several Manors and Hereditaments, the Estate of Mountague Earl of Abingdon, in the Counties of Wilts, Oxon, Bucks, and Berks, in Trustees, to be sold, for raising Money, to discharge Debts and Incumbrances," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.

Sir R. Furnese and Mr. Edgecombe, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Sir Robert Furnese Baronet and Richard Edgecumbe 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 to empower Sir Robert Furnese Baronet to transfer and pay unto Richard Edgccumbe Esquire certain Government Securities and Money, therein mentioned; and for settling Lands, of equal Value, upon the same Trusts."

Mills, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Mary, Margaret, Barbara, and Frances Mill, 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 Two undivided Fourth Parts of the Manor of Greatham, and of other Lands and Hereditaments, in the County of Sussex, the Estate of Barbara Mill and Frances Mill, Spinsters, in Trustees, to enable them to join in the Sale of the said entire Manor, Lands, and Hereditaments, for raising Portions for them and their Two Sisters."

D. Argyll against Campbell's Creditors.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Duke of Argyll and Greenwich is Appellant, and John Earl of Brcadalhan and others, Creditors of Archibald Campbell, 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.

Mutiny and Desertion, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

After Debate;

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

It was Resolved in the Affirmative.

Protest against it:

"Dissentient.

"Abingdon."

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

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

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

Vernon's Appeal:

A Petition of Jane Vernon Widow, Executrix of Thomas Vernon Esquire, deceased, was presented, and read; setting forth, "That, on the 26th of January last, she lodged her Appeal in this House, from a Decree in Chancery, to which George Vernon Esquire and others did not put in their Answer till the 2d Day of March Instant; and the same Day, without giving the Petitioner Notice, applied for a short Day for hearing; whereon an Order was granted, for the Cause to be heard on Tuesday next; but Service of the said Order was not made till Monday last; and Mr. Willes, the Petitioner's Counsel at the Hearing, who has signed the Appeal, is obliged soon to go upon his Chester Circuit;" and praying, "That the Hearing of this Cause may be adjourned to such Day, after Easter Week, as their Lordships shall think fit."

And thereupon the Solicitors on both Sides were called in, and heard in relation thereunto.

And being withdrawn:

Hearing put off, and Judges to attend.

It is Ordered, That the hearing the said Cause be put off to Thursday next come Sevennight; and that the Judges do then attend.

Lloyd's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for supplying a Defect in a Conveyance lately made by Charles Lloyd Senior and Sarah his Wife, and Charles Lloyd Junior and Jane his Wife; and for the Sale of certain Lands in the County of Montgomery, for raising Three Thousand Pounds, and Six Hundred Pounds; 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 Saturday the 25th Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Capt. Hamilton against Dutch E. I. Company:

The House being moved, at the Request of the Directors of the Dutch East India Company and William Drummond their Factor, Respondents to the Appeal of Captain Alexander Hamilton, "That Thursday the 30th Day of this Instant March may be appointed, for hearing of this Cause:"

Hearing appointed on a Bye-day.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the 30th Instant, as desired.

Motion concerning appointing Byedays, to be considered.

The House being moved, "To order, that, for the future, no Bye-day be appointed for the hearing any Cause, unless Two Days Notice hath been first given to the adverse Party:"

It is Ordered, That the said Motion be taken into Consideration on Wednesday next.

Heads for a Bill relating to Bankrupts, delivered.

The Lord Chief Justice of the Court of Common Pleas presented to the House (pursuant to their Lordships Order of the 11th of February last) Heads for a Bill relating to Bankrupts.

Wynne against Sir G. Wynne.

This Day being appointed, to hear Counsel, in the Cause wherein John Wynne Gentleman and Catherine his Second Wife are Appellants, and Sir George Wynne Baronet, Eldest Son of the said John Wynne by Jane his First Wife, is Respondent:

Counsel were accordingly called in.

And the Appellant's Counsel acquainted the House, "That the Parties were come to an Agreement; and that the same was put into Writing, and signed by all the Parties; which they desired might be made the Order and Judgement of this House."

And the Counsel for the Respondent admitting there was such written Agreement as abovementioned:

The same 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 being had thereof, it is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled (according to the said written Agreement), That the Decretal Order of the Court of Chancery of the 27th of November 1729, and the Affirmance thereof the 6th of July 1730, complained of in the said Appeal, be, and the same are hereby, affirmed, with the following Directions; (videlicet,) That the Respondent do pay to the Appellant John, during his Life, an Annuity of Four Hundred and One Pounds a Year, free of all Taxes and Deductions, by Quarterly Payments, commencing from Christmas last; and also to pay an Annuity of Two Hundred and One Pounds per Annum, free of all Taxes and Deductions, by Quarterly Payments, to the Appellant Catherine for her Life, in case she survives her Husband; the First Payment to be made at the First usual Quarter-day after her Husband's Death: That the Respondent do pay to some Trustee, to be named by the Appellant John, and to be approved by Mr. Milles and Mr. Patrick Garden, the Sum of Twelve Hundred Pounds, in Manner following; (videlicet,) Six Hundred Pounds to be paid on the First Day of May next. and Six Hundred Pounds, the Remainder thereof, on Midsummer-day next; Two Hundred Pounds, Part thereof, to be paid to the Appellant John, or to such Person or Persons as he shall by any Writing under his Hand appoint; and One Thousand Pounds, Residue thereof, to be applied by the said Trustees in Satisfaction of such Debts of the Appellant John, as he shall, by Writing under his Hand, within the Space of One Year from the Date hereof, appoint; and if any of the said One Thousand Pounds shall remain after the said Debts are paid, that the same be paid to the Appellant John, or to such Person as he shall by Writing under his Hand appoint; and the said Twelve Hundred Pounds, and the said Annuities, to be in Satisfaction of the Rent of Forty Pounds a Year reserved upon the Lease dated 26th January 1721, and all other Demands of the Appellants, or either of them; and that the Respondent, for securing the due Payment of the said Annuities, do give such real Security as shall be agreed upon between the Appellant John and the Respondent; and if they differ therein, then to be approved by a Master of the Court of Chancery, as the said Court shall direct.

Gace, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Joseph Gace and Naomi his Wife 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 selling Part of the Estate of Joseph Gace Esquire, for discharging several Debts and Incumbrances affecting the same."

Bushwells and Horton, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Christopher Horton Esquire 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 certain Lands and Estates in the Counties of Stafford, Leicester, Rutland, and Northampton, late the Estate of Sir Eusebius Buswell Baronet, deceased, in Trustees, to be sold, for the Payment of his Debts."

Rowe & al. against Brig. Stewart & Ux.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Henry Rowe and Elizabeth his Wife and James Steuart Esquire are Appellants, and Brigadier William Steuart and Mary his Wife 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.

Robertson & al. against Feryes.

The like Motion and Order, for hearing the Cause wherein John Robertson, Joseph Barrows, and William Nicholson, are Appellants, and Gale Feryes is Respondent, on the next vacant Day for Causes after those already appointed.

Bindon against Ryves.

The like Motion and Order, for hearing the Cause wherein David Bindon Merchant is Appellant, and William Ryves Merchant Respondent, on the next vacant Day for Causes after those already appointed.

Lawson to enter into a Recognizance for Bindon.

The House being moved, "That John Lawson, of St. Martin in the Fields, Merchant, may be permitted to enter into a Recognizance for Mr. Bindon, on account of his Appeal; he being not yet come from Ireland:"

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

Paterson against Graham.

Upon reading the Petition and Appeal of Thomas Paterson Esquire; complaining of certain Interlocutory Sentences of the Lords of Session in Scotland, of the 12th and 18th of February last, and a subsequent Decree of the Lord Ordinary, made on the Behalf of Richard Graham; and praying, "That the same may be reversed, and an Interlocutory of the 11th of January may be affirmed:"

It is Ordered, That the said Richard Graham may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the Seventh Day of April next; and that Service of this Order upon the Respondent's Agent in the Court of Session in Scotland be deemed good Service.

Austen against Flack.

Upon reading the Petition and Appeal of Thomas Austen Gentleman; complaining of a Decretal Order of the Court of Exchequer in Ireland, of the 16th of May 1716, the Order on Re-hearing the 8th of December 1719, and the several Proceedings subsequent thereto; the Report of the 14th of July 1720, and the Order for confirming the same; the several Orders of the 22d of May and 7th of December 1724, the Order of the 5th of February 1725, the Report of the 10th of May 1731, and the several Orders which set aside the Appellant's Exceptions thereto, and confirmed the said Report, and the Proceedings subsequent thereto; as also a Decree of the 14th of July last, made in a Cause wherein Anne Flack Widow and Executrix of James Flack deceased was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed, or otherwise varied and rectified, as to this House shall seem meet:"

And thereupon the Appellant was called in; and examined upon Oath, at the Bar, as to the Time of making up the last Decree.

And being withdrawn:

It is Ordered, That the said Anne Flack may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Friday the 14th Day of April next; and that Service of this Order upon the Respondent's Attorney in the said Court of Exchequer in Ireland be deemed good Service.

Adjourn.

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