House of Lords Journal Volume 24: March 1734, 1-10

March 1734, 1-10

DIE Sabbati, 2^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Pole & al Pet. referred to Judges.

Upon reading the Petition of Edward Pole Esquire, on Behalf of himself and his Five Children, who are all Infants, and of George Clifton Esquire and Anne his Wife, and Anne Sacheverell, Widow and Relict of Robert Sacheverell Esquire, deceased; praying Leave to bring in a Bill, for Sale of certain Estates in Nottinghamshire; and for applying the Money arising thereby for discharging the Incumbrances affecting the same; and for other Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Comyns and Mr. Justice Lee; with the usual Directions, according to the Standing Orders.

Message from H. C. to return Wollesthorpe Common Enclosure Bill.

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

To return the Bill, intituled, "An Act for confirming the Enclosure, Division, and Exchanges, of several Lands and Grounds, lying in the Common Fields of Wollesthorpe, near Belvoir Castle, in the County of Lincoln;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Articles of War, &c. delivered.

The House being informed, "That Mr. Arnold, from the Office of Secretary at War, attended:"

He was called in; and delivered, at the Bar (pursuant to their Lordships Address of Friday last),

"The Articles of War intended to be established for the Year ensuing."

And also, "A List of the Promotion of the Officers in the Army, since the 25th of March last; distinguishing such of the said Officers as were in His Majesty's Service, or in Half Pay, before the said 25th of March; with the Dates of their Commissions."

And then he withdrew.

And the Titles of the said Articles and List were read.

Highmore & al against Shakespear, in Error.

The Lord Hardwicke, Chief Justice of the Court of King's Bench, brought up a Writ of Error, wherein John Highmore and others are Plaintiffs, and William Shakespear Defendant; and delivered the same, with the Transcript of the Record, in at the Table.

York Buildings Company, for a Bill:

Upon reading the Petition of several Persons, whose Names are thereunto subscribed, Creditors of the Corporation of the Governor and Company of Undertakers for raising the Thames Water in York Buildings, on Behalf of themselves and other Creditors of the said Company; praying Leave to bring in a Bill, for discovering the true State and Condition of the said Corporation; and for the speedy Payment of what is, or shall be, justly due to their Creditors, in such Manner as to this House shall seem meet:

Referred to a Committee.

It is Ordered, That the Lords following be appointed a Committee, to consider of the said Petition; and report their Opinion thereupon to the House; (videlicet,)

Their Lordships, or any Five of them; to meet on Wednesday the 6th Instant, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Henley's Pet. referred to Judges.

Upon reading the Petition of Anthoney Henley, of The Grange, in the County of Southampton, Esquire; praying Leave to bring in a Bill, for Sale of certain other Estates than were mentioned in an Act of Parliament passed the last Session, for fully answering the Purposes thereby intended:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Denton and Mr. Baron Comyns; with the usual Directions, according to the Standing Orders.

Robinson's Pet referred to Judges.

Upon reading the Petition of William Robinson Esquire and Elizabeth his Wife, and of Anne Jane Robinson Lytton and Barbara Robinson Lytton, Infants, by Elizabeth Robinson Lytton, their Mother and next Friend; praying Leave to bring in a Bill, for Sale of certain Estates in the Petition mentioned, charged by their Father's Will, for augmenting their Fortunes:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Comyns and Mr. Justice Lee; with the usual Directions, according to the Standing Orders.

Evelyn's Pet. referred to Judges.

Upon reading the Petition of Edward Evelyn Esquire, on Behalf of himself and James Evelyn his only Son, an Infant; praying Leave to bring in a Bill, for carrying an Agreement into Execution, which was made on the hearing an Appeal of Anne, Elizabeth, and Mary Evelyn, the last Session of Parliament, whereunto the Petitioners were Respondents, for the Accommodation of Differences between the Parties:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Lee; with the usual Directions, according to the Standing Orders.

Montrose, Duty on Beer, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Sixth Year of the Reign of His late Majesty King George the First, intituled, An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer that shall be vended or sold, within the Town of Montrose, and Privileges thereof, for supplying the said Town with fresh Water; and for other Purposes therein mentioned."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Thursday the 7th Instant; and to adjourn as they please.

Report of Commissioners, Charitable Corporation, to be printed.

Ordered, That the Report of the Commissioners, appointed by an Act of the last Session of Parliament, to examine, state, and report, who of the Sufferers in the Charitable Corporation are Objects of Compassion, laid before this House the 31st of January last, be printed.

Way against Lodge:

The House was informed, "That a Person attended, in order to deliver in several Papers, Pleadings, and Proceedings, in a Cause wherein Juliana Way Widow is Appellant, and Ebenezer Lodge and Anne his Wife 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 withdrew.

Halfpenn against Ly. Lawley.

A Petition of Elizabeth Halpenn, Wife of Mark Halpenn, commonly called Lady Lawley, a Respondent to the Appeal of the said Mark Halpenn, was presented, and read; setting forth, "That the Petitioner and One of her Trustees have put in their Answer; but that the other Trustee, who is not any Way concerned in Interest, has not put in his Answer, the Appellant using no Means to procure it;" and praying, "That a short Day may be appointed, for hearing the said Appeal:"

And thereupon the Agents on both Sides were called in; and heard at the Bar.

And being withdrawn:

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.

Johnstone's Pet. Judges altered.

Upon reading the Petition of John Johnstone Esquire, and Charlotte late Marchioness Annandale his Wife; praying, "In regard the Two Judges to whom a former Petition for a Private Bill was referred being obliged to go upon their Circuits, that the same may be laid before Two other Judges who attend the Parliament, that a Bill so necessary for the Preservation of the Estate of Annandale may pass into a Law this Session:"

It is Ordered, That the Consideration of the said former Petition be, and is hereby, referred to Mr. Justice Denton and Mr. Baron Comyns; with the usual Directions, according to the Standing Orders.

E. of Burlington's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for supplying an Omission in a former Act of Parliament, to enable Richard Earl of Burlington to grant Leases of Ground behind Burlington House."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Monday the 18th Day of March Instant; and to adjourn as they please.

Cotton against More.

Upon reading the Petition and Appeal of John Cotton Esquire; complaining of a Decree of the Court of Exchequer, made the 18th of February 1731, the Deputy Remembrancer's Report of the 21st January 1733, and of an Order of the 31st of the same January, whereby the said Court refused to permit the Appellant's Exceptions taken to the said Report to be argued, in a Cause wherein Sir Joseph Edmunds More Baronet was Plaintiff, and the Appellant and John Asgill Esquire were Defendants; which Cause was, upon the Death of the said Sir Joseph, by Bill of Revivor, brought by Dame Osbaston Sophia More, Widow and Administratrix of the said Sir Joseph, revived against the said John Cotton; and praying, "That the said Decree of the 18th of February 1731 may (as to the Liberty given to the Respondent to surcharge or falsify the stated Accompt) be reversed; and that it may be varied in other Particulars complained of; and that the Order for confirming the Deputy's Report may be discharged, and the said Deputy directed to review the said Report; or that the Appellant may be at Liberty to argue the said Exceptions:"

It is Ordered, That the said Dame Osbaston Sophia More may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Saturday the 16th Day of this Instant March.

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next, the First Business; and the Lords to be summoned.

Adjourn.

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

DIE Lunæ, 4^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

E. of Coventry, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Earl of Coventry 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 exchanging divers Manors and Lands, between William Earl of Coventry and the Church of Lincoln, pursuant to the Will of Thomas late Earl of Coventry, deceased."

Boone's Bill.

The Earl of Warrington reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting certain Houses in Blechingly, in the County of Surrey, late the Estate of George Evelyn Esquire, deceased, in Charles Boone Esquire; and for settling another Estate, of greater Value, on the Daughters and Coheirs of the said George Evelyn, in Lieu of, and Exchange for, the same;" 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.

D. of Roxburghe against Wauchope, et è contra.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of John Duke of Roxburghe; complaining of some Parts of an Interlocutor of the Lords of Session in Scotland, of the 19th of December 1732, to which James Wauchope of Edmonstoun Esquire is Respondent: As also upon the Cross Appeal of the said James Wauchope, to which the said Duke is Respondent.

And One Counsel having been heard for the Appellant in the Original Cause, and divers Proofs on his Part read;

As likewise One Counsel for the said James Wauchope:

The Counsel were directed to withdraw.

And being withdrawn:

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

Adjourn.

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

DIE Martis, 5^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. with Bills.

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

With a Bill, 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;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act to enable Robert Dalzell late Earl of Carnwath 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 and inherit any Real or Personal Estate, that may or shall hereafter descend or come to him;" to which they desire the Concurrence of this House.

Bristow, Leave for a Bill to be naturalized.

Upon reading the Petition of Anne Judith Bristow, the Wife of John Bristow Esquire; praying Leave to bring in a Bill, for her Naturalization:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

D. of Roxburghe against Wauchope, et è contra:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of John Duke of Roxburghe; complaining of some Parts of an Interlocutor of the Lords of Session in Scotland, of the 19th of December 1732; as also upon the Answer of James Wauchope of Edmonstoun Esquire put in thereunto: And likewise upon the Cross Appeal of the said James Wauchope; complaining of an Interlocutor of the Lord Ordinary, of the 21st of July 1732; and of that Part of the Interlocutor of the Lords of Session of the said 19th of December 1732, finding the Prescription interrupted by the Process raised in the Year 1685; as also upon the Answer of the said Duke of Roxburghe put in to the said Cross Appeal: And due Consideration and Debate had of what was offered on both Sides in these Causes:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That such Parts of the said Interlocutor of the 19th of December 1732, whereby the Lords of Session found, "That the Prescription proponed for the Defender commenced from the Date of the Charter Anno 1650, and not from the Ish of the Tack; and that William Earl of Roxburghe, by the Tailzie, had sufficient Powers to grant the Feu Charter and Disposition in the Appeal mentioned;" and therefore repelled the Reason of Reduction proponed for the Pursuer of the said Charter, as granted à non habente Potestatem, and of the said Disposition, be, and are hereby, reversed: And it is hereby further Ordered, That the Cross Appeal of the said James Wauchope be, and is hereby, dismissed; without Prejudice to the Question relating to the Interruption of the Prescription, when a proper Case shall come before this House: And it is further Ordered and Adjudged, That the said Interlocutory of the Lord Ordinary, of the 21st of July 1732, be, and is hereby, affirmed: And it is hereby Declared, That the Prescription pleaded for John Wauchope the Defendant commenced from the Determination of the Lease, and not from the Date of the Charter; and that William Earl of Roxburghe, by the Entail, had not sufficient Powers to grant the Feu Charter and Conveyance.

Sankey against Graham & al.

Whereas this Day was appointed, for hearing Counsel, in the Cause wherein Margaret Sankey, Widow and Administratrix of Henry Sankey Esquire deceased, is Appellant, and Francis Foster Gentleman and Anne his Wife (formerly Anne Graham), Margaret Humphreys Widow (formerly Margaret Graham), and Sarah Graham, are Respondents; the Appeal complaining of a Decree of the Court of Chancery in Ireland, made the 16th Day of February 1724, and all subsequent Proceedings thereon; and praying, "That the same may be reversed:"

And it being directed, "That Counsel should be called in accordingly:"

Counsel appeared for the Respondents; but none for the Appellant.

And the Respondents Counsel being heard;

And withdrawn:

Decrea assirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree and subsequent Proceedings, therein complained of, be, and are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondents, the Sum of One Hundred Pounds, for their Costs in respect of the said Appeal.

E. of Coventry's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for exchanging divers Manors and Lands, between William Earl of Coventry and the Church of Lincoln, pursuant to the Will of Thomas late Earl of Coventry, deceased."

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 20th Instant, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Causes put off.

Ordered, That the Cause wherein Henry Tasburgh Esquire and George M^cNemara are Appellants, and Sir Robert Ecklin Baronet and others Respondents, which stands for an Hearing To-morrow, be put off to Friday next; and the other Causes on Cause-days removed in Course.

Adjourn.

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

DIE Mercurii, 6^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

City of London against Perkins & al.

This Day the Answer of Thomas Perkins, William Cock, Joseph Browne, John Jenkins, John Hall, John Chapman, John Neeve, Robert Jones, and Thomas Nevill, to the Petition and Appeal of the Mayor and Commonalty and the Citizens of the City of London, was brought in.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act for vesting certain Lands and Tenements, lying contiguous to the Citadel of Plymouth, being the Estate of William Strode, an Infant, in Trustees, in order to sell and convey the same to or for the Use of His Majesty;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the further Term of Seven Years; and for licensing the erecting new Refineries of Rock Salt, in the Counties of Essex and Suffolk;" to which they desire the Concurrence of this House.

Sir T. Jansson's Bill:

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."

King's Consent signified.

The Duke of Newcastle acquainted the House, "That His Majesty had been informed of the Contents of the said Bill; and was graciously pleased to consent to the passing thereof, so far as the Interest of the Crown is concerned:"

Matters relating to the Election of Peers in Scotland:

The Order of the Day being read, for the House to take into Consideration Matters relating to the Election of the Peers of that Part of Great Britain called Scotland:

Moved, "To resolve, That no Person, who hath claimed, or shall claim, Right by Succession to any Peerage of Scotland, other than a Descendant of the Body of a Peer or Peeress who has been in Possession of the Peerage claimed since the 25th of April 1690, shall be admitted to vote, at any Election of a Peer, or Peers, to sit in Parliament, for that Part of Great Britain called Scotland, until his Right and Title be claimed and determined in this House."

After Debate;

Ordered, That, on Monday next, this House shall be put into a Committee of the whole House, to take into Consideration Matters relating to the Election of the Peers of that Part of Great Britain called Scotland.

Motion for the Election to be by Ballot:

Then it was moved, "To resolve, for the better securing the Freedom of the Election of a Peer, or Peers, to sit in the Parliament of Great Britain on the Part of Scotland, That the Election shall be by Way of Ballot."

And a Question being stated thereupon:

After further Debate;

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

"1st, Because, this Motion tending only to make a Variation in the Manner of electing the Peers for Scotland, we apprehend, it was entirely agreeable to the Intention of the 22d Article of the Union; for whatever can contribute to make the Election more free and independent, the more it answers the Design of that Article. And we must observe, that this House has been so far from thinking the Manner of Election unalterable, that a Bill passed this House, by which the Election itself was entirely abolished.

"2dly, Because, in an Election of this Nature, the Method of voting by Ballot appears to us infinitely preferable on many Accounts; for, as it is well known there are several Alliances amongst that Body of Nobility, many of the Peers may be put under great Difficulties; their Alliances drawing them one Way, and their Opinion and Inclination another Way: It is also possible, that, by Pensions from the Crown, or by Civil or Military Preferments, some of them may lie under Obligations to a Court; and be reduced to the hard Necessity (under the Power of an arbitrary Minister) either of losing their Employments, or of voting against their nearest Relations, and their own Opinions also: We apprehend that no Election can be called perfectly free, where any Number of the Electors are under any Influence whatsoever, by which they may be biassed in the Freedom of their Choice.

"3ly, Because we apprehend that this House is, in a most essential Manner, concerned in the Freedom of this Election; for, if Sixteen new Members are to be brought in, every new Parliament, under any undue Influence, it may tend to subvert the Independence of this House, and of Consequence the Constitution of the whole Kingdom. By Means of such an Election, an ambitious Minister may make Use of the Power of the Crown, at one Time to destroy the Interest of the Crown, at another to oppress the Liberty of his Fellow Subjects; and, by different Turns, protect himself from the just Resentment of both.

"4thly, As this House is the highest Court of Judicature, and the last Resort in all Matters relating to the Properties of the Subjects of Great Britain and Ireland; we conceive that every Person, who is Master of any Property, is concerned in the Consequence of this Motion: For, if Sixteen of these Members, in whose Hands this great Trust is vested, should ever be thought to be in the Nomination of a Minister, the Subjects of these Kingdoms may have great Reason to dread the Consequence of such an unwarrantable Influence, by which their Liberties, Lives, and Properties, might be rendered precarious.

"Marlborough.
Boyle.
Coventry.
Chesterfield.
Stair.
Ker.
Bedford.
Marchmont.
Tadcaster.
Tweeddale.
Strafford.
Clinton.
Denbigh.
Bruce.
Montrose.
Carteret.
Litchfield.
Bathurst.
Northampton.
Winchilsea & Nottingham.
Cardigan.
Bristol.
Gower.
Weymouth.
Aylesford.
Bolton.
Warrington.
Berkshire.
Foley.
Willoughby de Broke.
Cobham.
Montjoy.
Oxford & Mortimer.
Haversham."

Adjourn.

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

DIE Jovis, 7^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cleybrooke Common Fields to enclose, Bill.

The Lord Delawarr presented to the House (pursuant to their Lordships Order of the 27th of February last) a Bill, intituled, "An Act for confirming and making effectual several Articles of Agreement, made for enclosing and dividing the Common Fields of Great Cleybrooke and Little Cleybrooke, in the County of Leicester."

And the same was read the First Time.

Scawen's Bill.

The Earl of Strafford reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling Thomas Scawen Esquire and others to sell an Estate in Ireland, settled by Sir William Scawen's Will; and settling another Estate, purchased by the said Thomas Scawen, in England, of greater Value, 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.

Bate's Bill;

Upon reading the Petition of Joseph Lancaster, for and on the Behalf of Lydia Bate, Widow and Relict of John Bate, late of Appleton, in the County of Chester, Gentleman, deceased; praying, "In regard the Judges to whom the Petition of the said Lydia Bate, for a Private Bill, was referred, are now gone their Circuits; that the Consideration of the said Petition may be referred to Two other Judges:"

Judges altered.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Denton and Mr. Baron Comyns; with the usual Directions, according to the Standing Orders.

Strode's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Tenements, lying contiguous to the Citadel of Plymouth, being the Estate of William Strode, an Infant, in Trustees, in order to sell and convey the same to or for the Use of His Majesty."

Whereupon the Duke of Newcastle acquainted the House, "That His Majesty was pleased to give His Consent to the Passing the said Bill."

Anderson & al. against Anderson & al.

Ordered, That the Cause wherein Thomas Anderson the Elder, an Idiot, by William Chatto his Curator, and Thomas Anderson the Younger, are Appellants, and Isabell Anderson, John Bull her Husband, and others, Respondents, which stands for an Hearing this Day, be put off to Saturday next.

Horner & Ux. Leave for a Bill for Sale of Hopsford Manor:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Strangways Horner Esquire and Susanna his Wife; 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 Manor of Hopsford, in the County of Warwick, for raising Money, towards discharging the Debts and Incumbrances of Elizabeth late Dutchess of Hamilton and Brandon, deceased."

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

And the Lord Lovell 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."

Representation of the Board of Trade, concerning the American Colonies, referred to a Select Committee.

The House (according to Order) was adjourned during Pleasure, and put into a Committee, to consider of the Representation of the Commissioners for Trade and Plantations, laid before this House the 23d of January last, relating to the Laws made, Manufactures set up, and Trade carried on, in any of His Majesty's Colonies and Plantations in America, which may have affected the Trade, Navigation, and Manufactures, of this Kingdom.

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

And the Lord Lovell reported from the said Committee, "That it is their Opinion, the said Representation should be referred to the Consideration of a Select Committee."

To which the House agreed.

And the Lords following were appointed a Committee, to consider of the said Representation; and report what they shall think proper thereupon to the House; (videlicet,)

Their Lordships, or any Five of them; to meet on Tuesday the 12th Instant, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please; and all the Lords, who come, to be of that Committee.

Address for Copies of Charters to Provinces it the Plantations.

Ordered, That an humble Address be presented to His Majesty, by the Lords with White Staves, "That He will be graciously pleased to order the proper Officers to lay before this House, Copies of the Charters granted to the several Provinces, or Governments, in His Majesty's Plantations in America."

Highmore against Shakespear, in Error:

A Petition of William Shakespear, Lessee of John Mills, and others, Defendants in a Writ of Error depending in this House, wherein John Highmore and others, Tenants in Possession of the Theatre Royal in Drury Lane, are Plaintiffs; setting forth, "That the said Plaintiffs have not assigned Errors; but agree the Petitioners shall take a Non pros. in the same Manner as if the Time given by the Course of the House for assigning Errors was expired;" and praying, "That a Non pros. may be ordered to be entered to the said Writ of Error, for Want of the Plaintiffs assigning Errors according to their Undertaking; and that such Costs may be given as to the House shall seem meet."

And thereupon the Agents on both Sides being called in, and heard; and withdrawn:

Non pros. ordered.

It is Ordered, That the Petitioners do enter a Non Pros. according to the Prayer of their Petition; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had, upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House: And further, That the Plaintiffs in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Twenty Pounds, for their Costs by reason of the Delay of the Execution of the said Judgement.

Salt Duties, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the further Term of Seven Years; and for licensing the erecting new Refineries of Rock Salt, in the Counties of Essex and Suffolk."

Dalzell, late Earl of Carnwath, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Robert Dalzell, late Earl of Carnwath, 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."

Adjourn.

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

DIE Veneris, 8^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Scawen's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling Thomas Scawen Esquire and others to sell an Estate in Ireland, settled by Sir William Scawen's Will; and settling another Estate, purchased by the said Thomas Scawen, in England, of greater Value, to the same Uses."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Montrose, Duty on Beer, Bill.

The Earl of Warrington reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Sixth Year of the Reign of His late Majesty King George the First, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer that shall be vended or sold, within the Town of Montrose, and Privileges thereof, for supplying the said Town with fresh Water, 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; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Horner & Ux. for Sale of Hopsford Manor, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Hopsford, in the County of Warwick, for raising Money, towards discharging the Debts and Incumbrances of Elizabeth late Dutchess of Hamilton and Brandon, deceased."

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 23d Instant, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Strode's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Tenements, lying contiguous to the Citadel of Plymouth, being the Estate of William Strode, an Infant, in Trustees, in order to sell and convey the same to or for the Use of His Majesty."

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

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

Cleybrook Common Fields, to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and making effectual several Articles of Agreement, made for enclosing and dividing the Common Fields of Great Cleybrooke and Little Cleybrooke, in the County of Leicester."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Monday the 25th Instant; and to adjourn as they please.

Sir T. 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 Committees aforenamed:

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Tuesday the 26th Instant; and to adjourn as they please.

Stock-jobbing to prevent, Bill:

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

With a Bill, intituled, "An Act to prevent the infamous Practice of Stock-jobbing;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

To be printed.

Ordered, That the same be forthwith printed.

Anderson & al. against Anderson & al.

Ordered, That the hearing the Cause wherein Thomas Anderson the Elder, an Idiot, by William Chatto his Curator, and Thomas Anderson the Younger, are Appellants, and Isabell Anderson, John Bull her Husband, and others, Respondents, which stands for To-morrow, be put off to Tuesday next; and that the other Causes on Bye-days be removed in Course.

Tasburgh, &c. against Sir R. Ecklin, &c.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Henry Tasburgh Esquire and George M^cNemara are Appellants, and Sir Robert Ecklin Baronet, Thomas Tickle and his Wife, and Chetwood Eustace, Respondents.

And Counsel being heard for the Appellants, and several Proofs on their Part read:

They were directed to withdraw.

And being withdrawn:

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

Adjourn.

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

DIE Sabbati, 9^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Tasburgh, &c. against Sir R Ecklin & al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Henry Tasburgh Esquire and George M^cNemara; complaining of several Proceedings in the Court of Chancery in Ireland, and particularly against the permitting of several Orders and Minutes to be read as Evidence; and further complaining of Two Orders of the same Court, made the 7th of July 1729, and 9th of February 1731; and of a Decree, or Decretal Order, pronounced the 24th of November 1732, and all other Proceedings had subsequent thereto, in a Cause wherein Sir Robert Ecklin Baronet, Thomas Tickle Esquire, Clotilda Tickle, alias Eustace, his Wife, and Chetwood Eustace Esquire, were Plaintiffs, and the Appellants and others Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Sir Robert Ecklin, Thomas Tickle and his Wife, and Chetwood Eustace, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Orders and Decree reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Proceedings, Orders, and Decree, complained of in the said Appeal, be, and are hereby, reversed: And it is further Ordered, That the Respondents Bill in the said Court be, and is hereby, dismissed.

Eastoun & al. against Stirling.

Upon reading the Petition and Appeal of Robert Eastoun, William Spears, James Young, Alexander Hardie, Thomas Calder, John Bennie, Alexander Muirhead, Jane Muirhead, James Currier, William Baird, William Gentles, John Waddall, Andrew Dicke, Robert Ruchard, Alexander Gentles, Mr. William Young, James Henderson, Robert Starke, Captain Thomas Mallard, John Callander, John Davie, Mr. John Watson, George Rennie of Castlerankine, James Brown, William Hay of Glenhead, John Hay, William Hay of Connartoun, Robert Stivenson, John Stark, John Grant, William Muirhead, John Rennie of Harvies Meallen, John Angus, Marcus Scot, William Hay of Bowridge, Alexander Bryceson, David and John Rennies of Tongue, John Rennie of Fisheraiker, Robert Ronald, James Short, James Aiken, William Thomson, James Hay, James Wilson, William Laing, Andrew Muirhead, John Monteith, Alexander Muirhead of Castlerankine, George Rennie of Thomastoun, John Rennie, John Toward, Thomas Heugh, John Muirhead, George Young, William Gilles, Jean White, Robert Hay, John Auchie, all Eeuars of Denny, for themselves, and in Name and Behalf of their Tenants and others concerned; complaining of certain Interlocutors of the Court of Session in Scotland, of the 10th of July, the 29th of November, and 26th of February last, made on the Behalf of William Sterling of Herbertshire; and praying, "That the same may be reversed:"

It is Ordered, That the said William Stirling may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Saturday the Sixth Day of April next; and that Service of this Order upon the Agent or Procurator of the said Respondent in the said Court of Session be deemed good Service.

Adjourn.

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