House of Lords Journal Volume 24: March 1734, 11-20

March 1734, 11-20

DIE Lunæ, 11^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Murray & al. against Charteris & al.

A Petition of Francis Charteris Esquire and his Guardians, Respondents to the Appeal of Archibald Murray Advocate and others, was presented, and read; praying, "In regard the Petitioner's Papers are but lately brought from Scotland; that the hearing the said Appeal, which stands at present for Saturday next, may be put off to some further Day."

And thereupon the Agents on both Sides being called in, and heard; and withdrawn:

Cause put off.

Ordered, That the hearing the said Cause be put off to Thursday the 28th Instant.

Mrs. Bristowe's Nat. Bill.

The Lord Hobart (pursuant to the Order of the 5th Instant) presented to the House a Bill, intituled, "An Act to naturalize Anne Judith Bristowe, Wife of John Bristowe Esquire."

And the same was read the First Time.

The said Anne Judith Bristowe took the Oaths appointed, in order to her Naturalization.

Montrose Duty on Beer, Bill:

Hodie 3^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."

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

It was Resolved in the Affirmative.

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

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

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

Culliford's Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill intituled, "An Act for Sale of the Manor, Farm, and Lands, of Encombe, in the County of Dorset, Part of the Estate of John Culliford Esquire, deceased, for Payment of the Debts and Incumbrances charged upon and affecting the same," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which appeared 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.

Phelan's Pet. for re-hearing Devereux's Appeal.

A Petition of Mathias Phelan, Second Son and Administrator of Richard Phelan deceased, was offered to the House; alleging, "That the Petitioner never was called to his Defence to the Appeal of James Devereux Esquire, brought in the Year 1730; nor ever so much as knew the said Appeal stood revived against him after his said Father's Death;" and praying, "In regard it can be no Delay to the Right of the said Devereux, he being in Possession of the Lands in Question, that some Relief may be granted to the Petitioner; and that this Cause may be re-heard, on such Day as to the House may seem meet, that he and the said Dexereux may lay their Cause truly and fully before their Lordships:"

Ordered, That the said Petition be read To-morrow, after Twelve of the Clock.

Matters relating to the Election of Peers of Scotland.

The House (according to Order) was adjourned during Pleasure, and put into a Committee, to take into Consideration Matters relating to the Election of the Peers of that Part of Great Britain called Scotland.

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

Ordered, That, on Wednesday next, this House will take into Consideration Matters relating to the Election of the Peers of that Part of Great Britain called Scotland.

Sir W. Carew against E. Coventry's Bill.

Upon reading the Petition of Sir William Carew Baronet and Coventry Carew Esquire his Son, an Infant, and Heir at Law of the Lady Anne Carew his Mother, deceased; praying to be heard, by Counsel, against a Bill for exchanging Lands, between William Earl of Coventry and the Church of Lincoln, before the same pass into a Law:

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 Petitioners may be heard, by their Counsel, before their Lordships; as may Counsel be heard for the Bill, at the same Time.

Ross to enter into Recognizance for Gordon and others.

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

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

Copies of the Charters of the Provinces in America delivered.

The House being informed, "That the proper Officer attended (pursuant to an Address to His Majesty on Thursday last), with Copies of the Charters granted to the several Provinces or Governments in His Majesty's Plantations in America:"

He was called in; and delivered, at the Bar,

"Copies of the said Charters."

And then he withdrew.

Ordered, That the said Copies be referred to the Consideration of the Committee appointed to consider the Representation of the Board of Trade, relating to the Laws made, Manufactures set up, and Trade carried on, in any of His Majesty's Colonies and Plantations in America.

Dutchess of Hamilton against Manby & al.

Whereas Thursday next is appointed, for hearing the Cause wherein Elizabeth Dutchess of Hamilton is Appellant, and Edward Manby and others are Respondents:

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

Adjourn.

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

DIE Martis, 12^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir T. Moncrief, Leave to amend his Appeal.

Upon reading the Petition of Sir Thomas Moncrief Baronet; praying, "That he may be at Liberty to amend his Appeal, to which Mr. Thomas Moncrief is Respondent, by adding some Proceedings and Interlocutors of the Lords of Session in Scotland to those already complained of:"

It is Ordered, That the Petitioner be at Liberty to amend his Appeal, as desired, he amending the Respondent's Copy; and that the Respondent do put in his Answer thereunto, in Writing, in Four Weeks.

Culliford's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Manor, Farm, and Lands of Encombe, in the County of Dorset, Part of the Estate of John Culliford Esquire, deceased, for Payment of the Debts and Incumbrances charged upon and affecting the same."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Allen and Mr. Edwards:

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

Mutiny 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."

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

It was Resolved in the Affirmative.

Protest against it:

"Dissentient.

"Abingdon.
Warrington."

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

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.

Paschall to make a new Respondent.

Upon reading the Petition of Elizabeth Paschall; setting forth, "That Susanna Herbert Widow, One of the Respondents to the Petitioner's Appeal, is lately dead, and has made Mark Thurston Esquire her Executor;" and praying, "That the Petitioner may be at Liberty to amend her Appeal, by making the said Mark Thurston a Respondent thereto:"

It is Ordered, That the Petitioner have Leave to amend her said Appeal, as desired; and that the said Mark Thurston do put in his Answer thereunto, in Writing, in a Fortnight.

Phelan's Pet. for re-hearing referred to a Committee;

The Order of the Day, for reading the Petition of Mathias Phelan, presented to the House Yesterday, praying the re-hearing of an Appeal of James Devereux Esquire, formerly heard in this House, being read:

The said Petition was also read.

And Anthony Fury and the Petitioner, attending, were severally called in; and examined upon Oath, at the Bar, touching the Allegations of the said Petition.

Ordered, That the Lords following be appointed a Committee, to take the said Petition into Consideration; and to report to the House what they shall think proper thereupon:

Their Lordships, or any Five of them; to meet To-morrow, 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 Gordon to be brought to the Committee:

Ordered, That the Warden of the Prison of The Fleet do bring to the said Committee To-morrow Morning John Gordon, now in his Custody, who acted as a Solicitor for the Respondents to the said Appeal.

Browning to attend the same Committee.

Ordered, That John Browning Esquire do attend the said Committee To-morrow Morning; it being alleged, in the Petition of the said Mathias Phelan, "That he was of Counsel in the said Cause."

Mr. Twisleton's Pet. to His Majesty for the Barony of Say & Sele.

The Duke of Newcastle (by His Majesty's Command) presented to the House, a Petition of John Twisleton Esquire, styling himself Heir General of the Body of Sir Richard Fiennes Baron of Say and of Sele, deceased; together with His Majesty's Reference thereupon to this House, and the Report of His Majesty's Attorney General.

Which Petition, Reference, and Report, were read, by the Clerk; and the Petition and Reference are as follow:

"To the King's Most Excellent Majesty.

"The humble Petition of John Twisleton Esquire, Heir General of the Body of Sir Richard Ficnnes Baron of Saye and Sele, deceased;

"Sheweth,

"That His Majesty King James the First, by His Letters Patent, bearing Date the Ninth Day of August in the First Year of His Reign, created the said Sir Richard Fiennes a Baron of that Part of Great Britain called England, to him and the Heirs of his Body generally, by the Style and Title of Baron of Saye and of Sele.

"That afterwards the said Sir Richard Fiennes Baron of Saye and of Sele departed this Life, on or about the Day of; and left Issue William Fiennes his Eldest Son and Heir of his Body, to whom the said Barony descended.

"That afterwards King James the First, by His Letters Patent, bearing Date the Seventh Day of July in the Twenty-second Year of His Reign, created the said William Fiennes, then Baron of Saye and of Sele, a Viscount of that Part of Great Britain called England, to him and the Heirs Male of his Body, by the Title of Viscount of Saye and of Sele; and in the Year of Our Lord One Thousand Six Hundred and Sixty-two, the said William Fiennes Baron and Viscount of Saye and of Sele departed this Life, and left Issue James Fiennes his Eldest Son, Nathaniel Fiennes his Second Son, and John Fiennes his Third Son; and the same James Fiennes his Eldest Son, being Baron and also Viscount of Saye and of Sele by virtue of the said Letters Patent respectively, departed this Life in the Year One Thousand Six Hundred and Seventythree, without any Issue Male; leaving Issue Female only Two Daughters, Elizabeth Fiennes, Your Petitioner's Great Grandmother, and Wife of John Twisleton Esquire, Your Petitioner's Great Grandfather, and Frances Fiennes Wife of Andrew Ellis Esquire; and, they being the Heirs General of the Body of the said Sir Richard Fiennes First Baron of Saye and of Sele, the said Barony of Saye and of Sele thereupon became in Suspence; and the said Frances Ellis died, leaving Issue only One Daughter, named Cecil; who afterwards died, in the Year One Thousand Seven Hundred and Fifteen, without any Issue.

"That the said Elizabeth, Your Petitioner's Great Grandmother, had Issue only One Daughter, named Cecil, who first intermarried with George Twisleton Esquire, Your Petitioner's Grandfather, and had Issue by him Fiennes Twisleton, Your Petitioner's Father, his Eldest Son, and afterwards intermarried with Robert Mignon Gentleman; and in the Year One Thousand Seven Hundred and Twenty-three, the said Cecil Your Petitioner's said Grandmother died, leaving Issue only the said Fiennes Twisleton, Your Petitioner's said Father, who departed this Life on or about the Eleventh Day of September, in the Year One Thousand Seven Hundred and Thirty, and left Your Petitioner his only Son and Heir; and Your Petitioner is also Heir General of the Body of the said Sir Richard Fiennes, First Baron of Saye and of Sele; and as such, by virtue of the said Letters Patent, is (as he is advised) entitled to the said Barony; but that the same, being suspended upon the Decease of the said James Baron and also Viscount of Saye and of Sele, without Issue Male, as aforesaid; and no Application (as Your Petitioner is informed) having ever been made to any of Your Majesty's Royal Predecessors to appoint the said Barony to either of the said Daughters of the said James Baron and also Viscount of Saye and of Sele, or to any of their De scendants, the same has never been enjoyed since the Decease of the said James Baron and also Viscount of Saye and of Selc.

"That Lawrence now Viscount of Saye and of Sele enjoys and derives that Honour, under the said Letters Patent of the Twenty-second of King James the First, as Eldest Son of John Fiennes the Youngest Brother of the said James, Baron and also Viscount of Saye and of Sele, and Heir Male of the Body of the said William First Viscount of Saye and of Sele. But the present Viscount of Saye and of Sele is not entitled (as Your Petitioner is advised) to the said Barony, nor makes any Claim thereto; but the same belongs (as Your Petitioner is advised) to Your Petitioner, who is Heir General of the Body of the said Sir Richard Fiennes First Baron of Saye and of Sele, by virtue of the said Letters Patent of the First of King James the First.

"Therefore Your Petitioner humbly prays, Your Majesty would be graciously pleased to allow the said Barony of Saye and of Sele to Your Petitioner, with all such Rights and Privileges as have been usually granted to others in the like Cases by Your Majesty's Royal Predecessors; and that Your Majesty will order a Writ to be issued, to summon Your Petitioner to this present Parliament, by the said Title of Baron of Saye and of Sele.

"And Your Petitioner shall ever pray, &c."

"Whitehall, June 14th, 1733.

"His Majesty is graciously pleased to refer this Petition to Mr. Attorney or Mr. Solicitor General; to consider thereof, and report his Opinion what may be fitly done therein; whereupon His Majesty will declare His further Pleasure.

"Holles Newcastle."

Ordered, That the said Petition be, and is hereby, referred to the Consideration of the Lords Committees for Privileges.

Dalzell, late E. of Carnwath, Bill.

Hodie 2^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."

King'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 passing the said Bill, so far as the Interest of the Crown is concerned."

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 19th Instant; and to adjourn as they please.

Mrs. Bristow's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize Anne Judith Bristowe, Wife of John Bristowe Esquire,"

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 Place To-morrow; and to adjourn as they please.

Upton to be brought to the Committee on Lord Craven's Bill.

Ordered, That the Warden of the Prison of The Fleet do, on Friday Morning next, bring Jane Upton, now in his Custody, to the Lords Committees to whom the Bill, intituled, "An Act for discharging a certain Piece of Ground, called The Pest-house Field, from certain Charitable Trusts; and for settling another Piece of Ground, of equal Extent, and in a more convenient Place, upon the same Trusts," stands committed.

Consideration of Matters relating to the Election of Peers of Scotland, put off.

Whereas To-morrow is appointed for the House to take into Consideration Matters relating to the Election of the Peers of that Part of Great Britain called Scotland:

It is Ordered, That this House will take the same into Consideration on Monday next.

Anderson & al. against Anderson & al.

Counsel (according to Order) were called in, to be heard, in 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:

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

They were all directed to withdraw.

And being withdrawn:

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

Fitzgerald against Eustace.

Whereas To-morrow is appointed, for hearing the Cause wherein Maurice Fitzgerald Gentleman is Appellant, and Christopher Eustace Gentleman Respondent:

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

Adjourn.

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

DIE Mercurii, 13^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Gordon to be brought to the Committee on Phelan's Pet.

The Lord Bathurst, from the Committee appointed Yesterday to consider of the Petition of Mathias Phelan; praying, "That the Cause upon the Appeal of James Devereux Esquire, to which the Petitioner's Father was Respondent, and revived against him without his Knowledge," acquainted the House, "That he was directed, by the said Committee, to move, That the Warden of the Prison of The Fleet may be required to bring John Gordon, now in his Custody, to the said Committee again, on Friday Morning next:"

It is Ordered, That the said Warden do bring the said John Gordon to the said Committee accordingly.

Anderson & al. against Anderson & al:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Mr. Thomas Anderson the Elder, an Idiot, by William Chatto Writer in Edinburgh, his Curator, and Thomas Anderson the Younger, Eldest Son of the said Thomas Anderson; complaining of several Interlocutories, Sentences, or Decrees, of the Lords of Session in Scotland, of the 13th of February, 24th of July, and 13th of November, 1722, the 31st of July 1725, the 24th of January 1728, the 31st of July and 18th of November 1729, the 1st of December 1731, 22d of January 1732, and 30th of June following, with the Diligences following upon these Decrees, made on the Behalf of Isabell the Daughter of Thomas Anderson, John Bull her Husband, and William Coults, and Robert Geddes their Assignee; and praying, "That the same may be reversed:" As also upon the Answer of the said Isabell and her Husband, William Coults, and their Assignee, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the latter Part of the said Interlocutor of the 13th of February 1722, in these Words, (videlicet,) "Providing the Effects of the said Thomas Anderson the Elder were at the Time sufficient to answer and satisfy both the Thirty Thousand Merks provided to the Daughters, and the Thirty Thousand Merks which he was to provide and secure to himself in Life-rent, and the Eldest Son in Fee;" as also the said Two Interlocutors or Decrees of the 31st of July and 18th of November 1729; the Interlocutor of 13th July 1731, finding, "That Thomas Anderson the Son had a Title to insist in the Reduction;" and the Interlocutor of the 22d of January 1732, finding it competent to the said Thomas to claim a Share pari Passu with his Sisters; be, and the same are hereby, reversed: And it is further Ordered and Adjudged, That so much of the said Interlocutor of the 13th of February as is not hereby reversed, and the several subsequent Interlocutors or Decrees not hereby reversed or varied, be, and the same are hereby, affirmed.

Marchioness Annandale, &c. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Johnstone Esquire and Charlotta late Marchioness Dowager of Annandale 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 to enable the Trustees and Executors of the last Will and Testament of John Vanden Bempde Esquire, deceased, to lay out Part of the said Testator's Trust Estate in the Purchase of Securities affecting the Marquis of Annandale's Estate in Scotland, and carrying Interest after the Rate of Five Pounds per Centum per Annum, to be assigned to the said Trustees, to and for the same Uses and Trusts as by the said Will are declared of and concerning the said Trust Estate."

Matters relating to the Election of Peers of Scotland.

Ordered, That the Lords be summoned, to attend the Service of this House, on Monday next, when Matters relating to the Election of the Peers of that Part of Great Britain called Scotland are to be taken into Consideration.

Causes put off.

Ordered, That the Cause wherein Maurice Fitzgerald is Appellant, and Christopher Eustace Respondent, which stands for a Hearing on Friday next, be put off to Wednesday the 20th Instant; and that the other Causes appointed to be heard on Cause-days be removed in Course.

Adjourn.

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

DIE Lunæ, 18^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E Ponlett takes the Oaths.

This Day John Earl Poulett took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Rever Weaver, Bill.

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

With a Bill, intituled, "An Act to extend the Navigation of the River Weaver, from Winsford Bridge, to the Town of Namptwich, in the County of Chester;" to which they desire the Concurrence of this House.

Calverley to take the Name of Blackett, Bill.

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

With a Bill, intituled, "An Act to enable Walter Calverley Esquire, now called Walter Blackett Esquire, and his Issue Male, to take and use the Surname of Blackett only, pursuant to the Will of Sir William Blackett Baronet, deceased;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

Trentham Common to enclose, Bill.

The Lord Carteret reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing the Common, or Waste, called Lightwood Forest, otherwise Cocknage Banks, and Blurton Common, in the Manor and Parish of Trentham, in the County of Stafford," 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.

Lord Craven's Bill.

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

Pesthouse Field, Bill.

The Lord Bathurst also reported from the Lords Committees to whom the Bill, intituled, "An Act for discharging a certain Piece of Ground, called The Pesthouse Field, from certain Charitable Trusts; and for settling another Piece of Ground, of equal Extent, and in a more convenient Place, upon the same Trusts," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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.

Mrs. Bristowe's Nat. Bill.

The Lord Hobart reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Anne Judith Bristowe, Wife of John Bristowe Esquire," 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.

Smith, for Payment of Morland's Debts, Bill.

The Lord Hobart also reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming a Conveyance of divers Lands and Hereditaments, in the County of Durham, late the Estate of John Morland Esquire, deceased, for Payment of his Debts and Incumbrances," 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.

The King and Queen to be congratulated on the Marriage of the Princess Royal.

Ordered, That the Lords with White Staves do attend His Majesty, with the humble Congratulations of this House, upon the happy Nuptials of the Princess Royal with the Prince of Orange.

Ordered, That a Message be sent from this House to Her Majesty, with their Lordships Congratulations on the joyful Occasion of the Marriage of the Princess Royal with the Prince of Orange; and that the Earl of Chesterfield, Earl of Scarbrough, and Lord Hardwicke, do carry the said Message.

Bill to exhibit a Bill to naturalize the Prince of Orange, to be brought in.

Ordered, That the Judges do forthwith prepare and bring in a Bill, for exhibiting a Bill to naturalize his Serene Highness the Prince of Orange.

Princess Royal and Prince of Orange congratulated on their Marriage.

Ordered, That a Message be sent, from this House, to congratulate the Princess Royal and the Prince of Orange, on the joyful Occasion of the late Solemnization of their Marriage; and that the Earl of Cholmondeley and the Lord Delawarr do carry the said Message.

Election of Peers in Scotland:

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

Motion concerning Persons who shall endeavour to engage Votes in the Elections:

It was moved, "To resolve, That it is the Opinion of this House, That any Person or Persons, taking upon him or them to engage any Peers of Scotland, by Threats, Promise of Place, or Pension, or any Reward or Gratuity whatsoever, from the Crown, to vote for any Peer, or List of Peers, to represent the Peerage of Scotland in Parliament, is an high Insult on the Justice of the Crown, an Encroachment on the Freedom of Elections, and highly injurious to the Honour of the Peerage."

And a Question being stated thereupon:

After Debate;

It was moved, "To put the previous Question."

And, after further Debate;

The previous Question was put, "Whether the said stated Question shall be now put?"

And it was Resolved in the Negative.

Protest against not putting the Question.

"Dissentient.

"1st, Because we apprehend that this Resolution, being only declaratory of undeniable Truths, ought not to have been avoided by a previous Question; since, we fear, the leaving it undetermined may tend to encourage Practices dangerous to our Constitution in general, and to the Honour and Dignity of this House in particular.

"2dly, Because, we think, this House cannot shew too strong an Abhorrence of Practices which, whether they have been committed or not in former Elections, are yet of such a Nature as may possibly be attempted hereafter by a Minister, who may find it necessary to try all Methods to secure a Majority in this House, either to promote his future ambitious Views, or screen his past criminal Conduct.

"Suffolk.
Willoughby de Broke.
Marchmont.
Strafford.
Bathurst.
Griffin.
Foley.
Litchfield.
Coventry.
Shaftesbury.
Boyle.
Bolton.
Marlborough.
Berkshire.
Gower.
Tweeddale.
Thanet.
Winchilsea & Nottingham.
Bedford.
Stair.
Abingdon.
Aylesford.
Ker.
Bristol.
Cobham.
Chesterfield.
Northampton.
Bruce.
Carteret.
Oxford & Mortimer.
Tadcaster.
Montrose.
Cardigan.
Craven."

Sutherland, clarming the Title of Lord Duffus, Petition to His Majesty.

The Duke of Newcastle (by His Majesty's Command) presented to the House, a Petition of Erick Lord Duffus, presented to His Majesty.

And the same was read, as follows:

"To the King's Most Excellent Majesty.

"The humble Petition of Erick Lord Duffus;

"Sheweth,

"That Kenneth Lord Duffus sat in the Parliament of Scotland in the Reign of Her late Majesty Queen Anne; and had an unquestionable Right to the Honour, Title, and Dignity, of Lord Duffus.

"That the Lord Register of Scotland, or his Clerks, have illegally struck the Name of the Lord Duffus out of the Roll of the Peers of Scotland, upon a Supposition that the said Kenneth Lord Duffus was attainted by an Act of Parliament, made in the First Year of the Reign of His late Majesty King George the First, intituled, "An Act for the Attainder of George Earl of Mareschall and others of High Treason, unless they shall surrender themselves to Justice by a Day certain therein mentioned;" whereby it was enacted, "That, if the said George Earl of Mareschall and others did not surrender themselves to One of His Majesty's Justices of Peace on or before the last Day of June One Thousand Seven Hundred and Sixteen; then every of them not rendering himself as aforesaid should, from and after the Thirteenth Day of November One Thousand Seven Hundred and Fifteen, stand attainted of High Treason.

"That the said Kenneth Lord Duffus, at the Time of the passing of the said Act, was in the Kingdom of Sweden; and, as soon as he had Notice of it, resolved to come directly to England, to furrender himself, pursuant to the Directions thereof.

"He declared this Resolution to the British Minister at Stockholm; who gave Notice of it to the Right Honourable the Lord Viscount Townshend, then One of His said Majesty's Principal Secretaries of State, at the Desire of the said Kenneth Lord Duffus.

"That accordingly the said Kenneth Lord Duffus set out immediately upon his Journey to England; but, in the Way, was arrested by Sir Cyrill Wych, His said Majesty's Resident at Hamburgh, many Days before the Time limited by the said Act for his surrendering himself was expired.

"Had he been suffered to pursue his Journey, he might easily have got to England within the Time appointed for his surrendering himself; but, upon the Instances made by the said Sir Cyrill Wych in His said Majesty's Name, he was detained at Hamburgh, in close Custody, till the Time for his surrendering himself, according to the Letter of the said Act, was elapsed.

"That, from Hamburgh, he was sent Prisoner to England; where, upon his Arrival, he was committed to The Tower of London; and, after having lain there some Time, he was pardoned by His said late Majesty, and set at Liberty, without ever having been brought to any Trial.

"Under these Circumstances, as the said Kenneth Lord Duffus was restrained, by a superior Force which it was impossible for him to resist, from executing his Design of surrendering himself according to the Terms of the said Act; especially too as this Force was exercised by His late Majesty's Minister, making Use of His Majesty's Name and Authority; he can never be deemed to have been attainted within the Meaning of the said Act.

"That the said Kenneth Lord Duffus is now dead; and your Petitioner is his only Son and Heir, and, as such, humbly apprehends he has a Right to the Honour, Title, and Dignity, of Lord Duffus.

"Your Petitioner therefore most humbly prays, Your Majesty will be graciously pleased to give such Directions as Your Majesty shall think proper, for declaring and establishing Your Petitioner's Right and Title to the Honour and Dignity of Lord Duffus.

"And Your Petitioner shall ever pray.

"Duffus."

Ordered, That the said Petition be referred to the Consideration of the Lords Committees for Privileges.

Mackgill, claiming the Title of Viscount Oxfurd, Petition to His Majesty.

The Duke of Newcastle also (by His Majesty's Command) presented to the House, a Petition of James Makgill, Viscount of Oxfurd, presented to His Majesty.

And the same was read, as follows:

"To the King's Most Excellent Majesty.

"The humble Petition of James Makgill Viscount of Oxfurd;

"Sheweth,

"1552.

"That James Makgill Esquire of Edinburgh had Two Sons, James Makgill of Rankeillor, Lord Clerk Register of Scotland (the Heir Male of whose Body Your Petitioner is), and David Makgill of Nisbet, His Majesty's Advocate.

"This David had Issue Male David Makgill Advocate.

"This David the Second had Two Sons; David who succeeded him, and James.

"1619.

"This David the Third died without Issue, and was succeeded by his Brother James.

"Dated Anno 1651. Passed the Great Seal 1660.

"By Letters Patents of this Date, His Majesty King Charles the Second created the said James, then Sir James Makgill of Cranstoun Makgill, and his Heirs Male of Tailzie and Provision whatsoever, Viscounts of Oxfurd and Lords Makgill of Coustand.

"1662.

"This James Viscount of Oxfurd made a Surrender of his Estate to the Crown; to the Intent that he might have a new Charter or Grant thereof; which he obtained, with a Clause de novo damus to himself for Life; Remainder to Robert his Eldest Son by Livington his Wife, and the Heirs Males of his Body; Remainder to the other Heirs Males to be procreate of his Body by his said Wife; Remainder to the Heirs Male of his Body by any other Marriage; Remainder to such Person or Persons as he had named and appointed, or should name and appoint, by any Writing under his Hand; in Default of which, to his Heirs Male whatsoever; which all failing, to his Heirs and Assigns whatsoever.

"This James Viscount of Oxfurd was succeeded in his Honours and Estate by his said Son Robert.

"1705.

"This Robert died without Issue Male; leaving only Two Daughters, Christian and Henrietta.

"Your Petitioner is Cousin and Heir Male to the said Robert last Viscount of Oxfurd:

"For James Makgill of Rankeillor, Lord Register, before mentioned, Your Petitioner's Ancestor, and Brother to the said David Makgill of Nisbet, Lord Advocate, Grandfather to the said James First Viscount of Oxfurd, had James his Eldest Son.

"This James; the Second of that Name, had James his Eldest Son.

"This James; the Third of that Name, had David his Eldest Son.

"This David had James, afterwards Sir James, his Eldest Son.

"This Sir James had David his Eldest Son.

"Your Petitioner is the Eldest Son of the said David last mentioned, and consequently is the undoubted Heir Male of the said James First Viscount of Oxfurd, and is also Heir Male of Tailzie and Provision to the said Lord; and, as such, he humbly apprehends, has an undoubted Right to the Honours, Titles, and Dignities, of Viscount of Oxfurd, and Lord Makgill of Cousland.

"Nevertheless, at the last Meeting of the Peers of Scotland, held upon the 21st Day of September 1733, for the Election of a Peer to serve in this present Parliament, in the room of John Earl of Sutherland deceased, when Your Petitioner, after having qualified himself by taking the Oaths according to Law, tendered his Vote as Viscount Oxfurd, the Clerks of Session not only refused to receive the Vote of Your Petitioner; but took the Vote of Robert, Son and Heir of the said Christian, Daughter of the said Robert last Viscount of Oxfurd, who has assumed the Title and Honour of Viscount of Oxfurd, &c. contrary to the express Words of the Patent, limiting the Honours to Heirs Male; upon which, Your Petitioner entered his Protest.

"Your Petitioner therefore most humbly prays, Your Majesty will be graciously pleased to give such Directions as your Majesty shall think proper, for declaring and establishing Your Petitioner's Right and Title to the Honour and Dignity of Viscount of Oxfurd and Lord Makgill of Cousland.

"And Your Petitioner shall ever pray, &c.

"Oxfurd."

Ordered, That the said Petition be referred to the Lords Committees for Privileges; whose Lordships are to meet, to take the same into Consideration, on this Day Month; and that Notice be given to Robert, Son and Heir of Christian, Daughter of Robert last Viscount of Oxfurd, in the Petition mentioned.

Marquis Annandale's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Trustees and Executors of the last Will and Testament of John Vanden Bempde Esquire, deceased, to lay out Part of the said Testator's Trust Estate in the Purchase of Securities affecting the Marquis of Annandale's Estate in Scotland, and carrying Interest after the Rate of Five Pounds per Centum per Annum, to be assigned to the said Trustees, to and for the same Uses and Trusts as by the said Will are declared of and concerning the said Trust Estate."

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

Adjourn.

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

DIE Martis, 19^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Dalzell, late L. Carnwath, Bill.

The Lord Delawarr reported from the Lords Committees to whom the 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 or inherit any Real or Personal Estate that may or shall hereafter descend or come to him," 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."

His Majesty's Answer to the Congratulation on the Marriage of the Princess Royal.

The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) attended His Majesty, with their Lordships Congratulations upon the happy Nuptials of the Princess Royal with the Prince of Orange; and that His Majesty was pleased to say, "I take this Address very kindly; and am glad that the Marriage of My Daughter with the Prince of Orange is so agreeable to the House of Lords."

Salt Duties continuing, Bill.

Hodie 2^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 of new Refiners of Rock Salt, in the Counties of Essex and Suffolk."

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

Smith, for Payment of Morland's Debts, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming a Conveyance of divers Lands and Hereditaments, in the County of Durham, late the Estate of John Morland Esquire, deceased, for Payment of his Debts and Incumbrances."

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

It was Resolved in the Affirmative.

Lord Craven's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for discharging a certain Piece of Ground, called The Pesthouse Field, from certain Charitable Trusts; and for settling another Piece of Ground, of equal Extent, and in a Place more convenient, upon the same Trusts."

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

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bills.

And Messages were severally sent to the House of Commons, by Mr. Thomas Bennet and Mr. Edwards:

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

River Weaver Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to extend the Navigation of the River Weaver, from Winsford Bridge, to the Town of Namptwich, in the County of Chester."

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 22d 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.

Calverly to take the Name of Blackett, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Walter Calverley Esquire, now called Walter Blackett Esquire, and his Issue Male, to take and use the Surname of Blackett only, pursuant to the Will of Sir William Blackett Baronet, deceased."

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 21st Instant; and to adjourn as they please.

Bill for exhibiting a Bill to naturalize the Prince of Orange.

The Lord Chief Justice of the Court of Common Pleas (pursuant to the Order of Yesterday) brought in a Bill, intituled, "An Act for exhibiting a Bill for naturalizing the most Serene Prince William Charles Henry Friso, Prince of Orange and Nassau."

And the same was read the First Time.

Ordered, That it be now read a Second Time.

And the same being accordingly done:

Ordered, That the said Bill be engrossed.

Mrs. Bristowe's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize Anne Judith Bristowe, Wife of John Bristowe Esquire."

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

It was Resolved in the Affirmative.

Trentham Common Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing the Common, or Waste, called Lightwood Forest, otherwise Cocknage Banks, and Blurton Common, in the Manor and Parish of Trentham, in the County of Stafford."

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

It was Resolved in the Affirmative.

Messages to H. C. with the Two preceding Bills.

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

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

City of London against Perkins & al.

The House being moved, "That Thursday the Fourth Day of April next may be appointed, for hearing the Cause wherein the Mayor, Commonalty, and Citizens, of the City of London are Appellants, and Thomas Perkins and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the 4th Day of April next, as desired.

Boone's Bill:

Hodie 3^a vice lecta est Billa, 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."

Proposed, "That a Question be put, for passing the Bill."

And a Debate arising thereupon:

Moved, "To adjourn the same till Thursday next."

Which being objected to;

The Question was put, "Whether the said Debate shall be adjourned till Thursday next?"

It was Resolved in the Negative.

Then the Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

And a Message was sent to the House of Commons, by the former Messengers:

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

Bill to exhibit a Bill for naturalizing the Prince of Orange:

Hodie 3^a vice lecta est Billa, intituled, "An Act for exhibiting a Bill for naturalizing the most Serene Prince William Charles Henry Friso, Prince of Orange and Nassau."

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 Lord Chief Justice of the Court of Common Pleas and Mr. Baron Comyns:

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

Message from thence, with a Bill with the same Title.

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

With a Bill, intituled, "An Act for exhibiting a Bill in this present Parliament, for naturalizing his Highness the Prince of Orange;" to which they desire the Concurrence of this House.

Message from thence, with Bills.

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

With a Bill, intituled, "An Act to explain and amend an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, intituled, "An Act for the better regulating the Manufacture of Cloth, in the West Riding of the County of York;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for stating and determining the Accompts and Demands depending, between the Corporation of the Governor and Company of Undertakers for raising the Thames Water in York Buildings, and their Creditors and Debtors respectively; to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for granting to Samuel Buckley, Citizen and Stationer of London, the sole Liberty of printing and re-printing the Histories of Thuanus, with Additions and Improvements, during the Time therein limited;" to which they desire the Concurrence of this House.

Motion for shortening the Time for meeting of Committee on Marquis Annandale's Bill, to be considered.

The House being moved, "That the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, may be so far dispensed with, as that the Committee to whom the Bill, intituled, "An Act to enable the Trustees and Executors of the last Will and Testament of John Vanden Bempde Esquire, deceased, to lay out Part of the said Testator's Trust Estate in the Purchase of Securities affecting the Marquis of Annandale's Estate in Scotland, and carrying Interest after the Rate of Five Pounds per Centum per Annum, to be assigned to the said Trustees, to and for the same Uses and Trusts as by the said Will are declared of and concerning the said Trust Estate," stands committed, may meet on a sooner Day than was first appointed, lest there should not be Time sufficient for passing the same:"

It is Ordered, That the said Motion be taken into Consideration To-morrow; and the Lords to be summoned.

Her Majesty's Answer to the Message of Congratulation on the Marriage of the Princess of Orange.

The Earl of Chesterfield acquainted the House, "That he and the other Lords, appointed by the Order of Yesterday, had carried the Message of Congratulation to Her Majesty, on the joyful Occasion of the Marriage of the Princess Royal with the Prince of Orange; and that Her Majesty was pleased to say, "She was obliged to this House, for their Attention upon this Occasion; and that She was thoroughly convinced of their Zeal and Regard for His Majesty and the Royal Family."

Princess Royal, and Prince of Orange's Answer.

The Earl of Cholmondeley acquainted the House, That he and the Lord Delawarr had (pursuant to the Order of Yesterday) carried the Message of Congratulation to the Princess Royal and the Prince of Orange, on the joyful Occasion of the late Solemnization of their Marriage; and that they were pleased to say, "They had a due Sense of the Favour done them by this House; and were glad that what gave Occasion for this Message met with their Lordships Approbation."

Dutchess of Hamilton against Manby, &c.

After hearing Counsel, upon the Petition and Appeal of Elizabeth Dutchess of Hamilton; complaining of an Order made by the late Lord Chancellor, the 25th of March 1732, for dismissing the Appellant's Petition to his Lordship to hear a Cause, formerly heard before the Master of the Rolls, wherein Sir Thomas Orby and the Lady Charlot Orby were Plaintiffs, and the Appellant and others Defendants, and refusing to hear the said Cause; and praying, "That the said Order may be reversed; and that the said Cause may be ordered to be heard before the Lord Chancellor:" As also upon the Answer of Edward Manby Esquire, Administrator of the Lady Charlot Orby his late Wife, deceased, (who was Executrix of Sir Thomas Orby Baronet deceased, and Administratrix de Bonis non of Sir Thomas Orby) put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order complained of in the said Appeal be, and is hereby, reversed: And it is hereby further Ordered, That the Lord Chancellor do hear the said Cause, upon Payment of such Costs, and upon such Terms, as the Court of Chancery shall think fit.

Sharp and others peremptorily to answer Dundas's Appeal.

The House was informed, "That Thomas Sharp, Alexander Hamilton, James Glen, and Andrew Majoribanks, Esquires, Respondents to the Appeal of George Dundas and others, had not put in their Answer or respective Answers to the said Appeal, though duly served with the Order of this House for that Purpose."

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

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

Price against Hamilton.

Upon reading the Petition and Appeal of Cromwell Hamilton Price Esquire; complaining of an Interlocutor of the Lord Ordinary, of the 7th of December 1733, and of certain Interlocutors of the Lords of Session in Scotland, of the 8th of January and 1st of February last past, made on the Behalf of Major Gavin Hamilton; and praying, "That the same may be reversed; and that an Interlocutor of the said Lords of Session, of the 7th of the same February, may be affirmed:"

It is Ordered, That the said Major Gavin Hamilton may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the 16th Day of April next; and that Service of this Order on the Respondent's Agents or Procurators in the said Court of Session be deemed good Service.

Twisleton's Claim to the Barony of Say & Seale;

Ordered, That the Deputy Keeper of the Records in The Tower do attend the Lords Committees for Privileges To-morrow, with the Record of the Writ of Summons to Parliament of Sir James Fenys, 25^o Hen. VI; and the Record of the Patent in the same Year, appointing him Constable of Dover Castle.

Order for Records.

Ordered, That the Clerk of the Treasury of the Common Pleas, or his Deputy, do attend the Lords Committees for Privileges To-morrow, with the Record of a Recovery suffered in Michaelmas Term 1701, by Nathaniel late Lord Viscount Say and Sele, of the Manor of Broughton, and other Manors and Lands in the County of Oxon.

Adjourn.

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

DIE Mercurii, 20^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bill for exhibiting a Bill to naturalize the Prince of Orange:

Hodie 1^a, 2^a, & 3^a vice lecta est Billa, intituled, "An Act for exhibiting a Bill in this present Parliament, for naturalizing his Highness the Prince of Orange."

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

It was Resolved in the Affirmative.

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

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

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

Report of Committee, on Phelan's Petition:

The Lord Bathurst reported from the Lords Committees appointed to consider of the Petition of Mathias Phelan, Second Son and Administrator of Richard Phelan, deceased; praying a Re-hearing of the Appeal of James Devereux Esquire, formerly heard in this House, to which the Petitioner's said Father was Respondent, the same being afterwards revived against the Petitioner: That the Committee have met, and considered the Matter to them referred; and have examined the Petitioner, and other Persons employed in the said Cause, upon Oath; and though it is alleged in the said Petition, "That the Petitioner never employed any Agent to carry on the said Cause for him;" yet it appeared to the Committee, upon Examination, that the Petitioner had given Directions in Ireland to the same Agent who had been employed there by his Father, and also to an Agent here in England, to do what was necessary to bring on the said Cause to Hearing; and that the said Cause was accordingly brought to Hearing, in Pursuance of the said Directions: That it also appeared to the Committee, that the said Petition contained several gross Misrepresentations; and that the Petitioner was not able to make out the Allegations thereof, but prevaricated in his Evidence before their Lordships; and therefore the Committee are of Opinion, That the Petition should be rejected; and that the Petitioner should receive such Censure, or Punishment, for such his Prevarication and Misrepresentation, as the House shall think fit."

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

Petition rejected; and he to be reprimanded.

Ordered, That the said Petition be rejected; and that the Petitioner, in regard of his Poverty, be only reprimanded on his Knees, at the Bar, by the Lord Chancellor, for his Offences mentioned in the said Report; and that he do attend this House To-morrow, for that Purpose.

Committee on Marq. of Annandale's Bill, to meet on an earlier Day.

The House (according to Order) took into Consideration the Motion made Yesterday, for dispensing with the Standing Order, in relation to the Meeting of Committees on Private Bills, so far as that the Committee to whom the Bill, intituled, "An Act to enable the Trustees and Executors of the last Will and Testament of John Vanden Bempde Esquire, deceased, to lay out Part of the said Testator's Trust Estate in the Purchase of Securities affecting the Marquis of Annandale's Estate in Scotland, and carrying Interest after the Rate of Five Pounds per Centum per Annum, to be assigned to the said Trustees, to and for the same Uses and Trusts as by the said Will are declared of and concerning the said Trust Estate," stands committed, may meet on a sooner Day than was at first appointed.

It is Ordered, That the said Standing Order be so far dispensed with, as that the said Committee may meet, to consider of the said Bill, on Tuesday next.

For paying off S. S. Bonds, Bill.

A Message was brought from the House of Commons, by Sir James Lowther and others:

With a Bill, intituled, "An Act to explain an Act passed in the last Session of Parliament, intituled, An Act for the converting a further Part of the Capital Stock of the South Sea Company into Annuities, redeemable by Parliament; and for settling the remaining Part of the said Stock in the said Company;" so far as the said Act relates to the paying off the Bonds of the said Company;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Stock-jobbing Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to prevent the infamous Practice of Stock-jobbing."

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

Fitzgerald against Eustace.

Ordered, That the Cause wherein Maurice Fitzgerald is Appellant, and Christopher Eustace Respondent, appointed to be heard this Day, be put off to Friday next.

Salt Duties, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the 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."

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."

Buckley's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for granting to Samuel Buckley, Citizen and Stationer of London, the sole Liberty of printing and re-printing the Histories of Thuanus, with Additions and Improvements, during the Time therein limited."

Yorkshire Cloth, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, intituled, An Act for the better regulating the Manufacture of Cloth, in the West Riding of the County of York."

Ordered, That the said Bill be read a Second Time on Monday next.

White against Skeene & al.

The House was informed, "That the Parties in the Cause wherein Frances White is Appellant, and George Skeene & al. are Respondents, which stands appointed to be heard on Friday next, were upon Terms of an Agreement; and therefore were desirous that the Hearing might be put off."

And thereupon the Agents on both Sides being called in, and heard at the Bar;

And withdrawn:

It is Ordered, That the Hearing of the said Cause be adjourned to the First vacant Day for Causes after those already appointed.

Boithwell, claiming the Title of Lord Halyrudhous, Petition to the King, to have his Right declared.

The Lord Harrington (by His Majesty's Command) presented to the House a Petition of Henry Lord Halyrudhous, presented to His Majesty; praying, "That His Majesty will be pleased to give Directions for declaring and establishing the Petitioner's Right and Title to the Honour and Dignity of Lord Halyrudbous;" with His Majesty's Reference thereupon to this House.

Which Petition and Reference were read by the Clerk, and are as follow:

"To the King's Most Excellent Majesty.

"The humble Petition of Henry Lord Halyrudhous;

"Humbly sheweth,

"That His Majesty King James the 6th of Scotland was graciously pleased, the 20th of December 1607, by a Grant under the Great Seal of Scotland, to create Mr. John Boithwell, One of the Senators of the College of Justice, a Peer of Scotland, by the Title of Lord Halyrudhous, and to the Heirs Male lawfully to be procreat of his Body; which failing, to the Heirs Male of Adam Bishop of Orkney, Father of the said Mr. John Boithwell; which failing, to the lawful and nearest Heirs and Assigns of the said Mr. John Boithwell.

"That the said John, First Lord Halyrudhous, was succeeded in the said Honour by John his only Son, who died in 1635, a Batchelor.

"Whereupon the said Honour and Dignity did, agreeable to the said Grant, devolve upon the Heirs Male of William Boithwell, the Second Son of the said Adam Bishop of Orkney, Uncle to the last mentioned John Lord Halyrudhous.

"The said William was succeeded by Adam Boithwell, his Eldest Son and Heir.

"The said Adam Boithwell was succeeded by Alexander Boithwell, his Eldest Son and Heir.

"The said Alexander was succeeded by Alexander his Eldest Son (Your Petitioner's Father); who was, according to the Method used in Scotland, by Verdict of Fifteen Gentlemen upon Oath, served or returned Heir to the said Adam Boithwell his Grandfather, who was Grandson to the said Adam Bishop of Orkney.

"That Your Petitioner is the Eldest Son and Heir of the said last mentioned Alexander Boithwell, and, as such, was in like Manner, the 8th Day of February last, served or returned Heir to him; and Your Petitioner was also then served or returned Heir to the said John last Lord Halyrudhous: So that, the Issue of the said John Lord Halyrudhous having failed, Your Petitioner, as the Male Descendant and right Lineal Heir, humbly apprehends he has an undoubted Right to the Honour, Title, and Dignity, of Lord Halyrudhous.

"Your Petitioner therefore most humbly prays, Your Majesty will be graciously pleased to give such Directions as Your Majesty shall think proper, for declaring and establishing Your Petitioner's Right and Title to the Honour and Dignity of Lord Halyrudhous.

"And Your Petitioner shall ever pray.

"Halyrudhous."

"Whitehall, 19th March, 173¾.

"His Majesty, having been moved upon this Petition, is graciously pleased to refer the same to the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned; and to inform His Majesty how the same shall appear to their Lordships.

"Harrington."

Ordered, That the said Petition be, and is hereby, referred to the Lords Committees for Privileges.

Dalzell, late E. of Carnwath, Bill:

Hodie 3^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."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by the former Messengers:

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

For cutting Hedges by Highways, Bill.

The House being moved, "That the Order for committing the Bill, intituled, "An Act to explain and make more effectual the Laws in being, to oblige the Possessors of Lands, adjacent to Common Highways, to cut and keep low such Hedges as are adjoining to the said Highways," to a Committee of the whole House, be discharged; and that the said Bill may be committed to a Select Committee:"

It is Ordered, That the said Order be discharged accordingly; and 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 26th 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.

Adjourn.

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