House of Lords Journal Volume 24: March 1735, 11-20

March 1735, 11-20

DIE Martis, 11^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King's Answer to the Addresses.

The Lord Delawarr acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Addresses of this House, on Thursday last, for an Accompt of the Monies issued by virtue of the Power granted to His Majesty the last Session of Parliament; and also for an Accompt of the quartering the Land Forces in this Kingdom since Lady-day last; and that His Majesty had been pleased to give Directions to the proper Officers, to lay the said Accompts before the House accordingly."

Knapp & Ux. against Brown & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Warner Knapp and Jane his Wife are Appellants, and William Brown Senior and William Brown Junior and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Accompt of Monies issued for Augmentation of Forces:

The House being informed, "That a Person from the Treasury attended:"

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

"An Accompt of such Monies as have been issued, by virtue of the Power granted to His Majesty by the Clause for appropriating the Public Aids or Supplies, for the Service of the Year One Thousand Seven Hundred and Thirty-four, in an Act passed in the last Session of Parliament, for enabling His Majesty to apply the Sum of One Million Two Hundred Thousand Pounds, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirty-four."

And then he was directed to withdraw.

And the Title of the said Accompt was read.

Account of Forces.

The House being informed, "That a Person from the Office of Secretary at War attended:"

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

"List and Quarters of His Majesty's Forces, as they stood on the 25th of March One Thousand Seven Hundred and Thirty-four; with an Account how they have been quartered in Great Britain since that Time."

And also, "Account how His Majesty's Land Forces have been quartered in North Britain, since the 25th of March One Thousand Seven Hundred and Thirtyfour."

And then he was directed to withdraw.

And the Title of the said List and Account were read.

L. Hillsborough's Petition, for a Bill to dissolve his Marriage.

Upon reading the Petition of Trevor Hill, Lord Viscount Hillsborough in the Kingdom of Ireland; praying Leave to bring in a Bill, for dissolving from henceforth the Bond of Matrimony between the Petitioner and Dame Mary Denton; with Liberty to the Parties to marry, each in the Life-time of the other; and to bar the said Dame Mary from all Settlements and Provisions heretofore made for her, in Consideration of her Marriage with the Petitioner; and to make a reasonable Provision and Support for her, from henceforth, during her Life:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Manchester Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Roads from the Town of Manchester, leading through Newton, Failsworth, and Oldham, in the County Palatine of Lancaster, to Austerlands, in the Parish of Saddleworth, in the County of York."

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

Their Lordships, or any Five of them; to meet on Thursday the 20th Instant, at the usual Time and Place; and to adjourn as they please.

L. Hillsborough, for a Bill to raise Money.

Upon reading the Petition of Trevor Hill, Lord Viscount Hillsborough in the Kingdom of Ireland; praying Leave to bring in a Bill, for raising out of a settled Estate, in the County of Down, in the said Kingdom, whereof the Petitioner is now in Possession, a Portion and Maintenance for his Daughter; and also sufficient Sums for the Payment of his Debts; and other Purposes in the Petition mentioned:

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

Sir C. Gilmour's Petition referred to Judges.

Upon reading the Petition of Sir Charles Gilmour of Craigmillar Baronet, Helen Gilmour Widow of William Little of Libbertoun, Grizel Little Daughter of the said William Little, and of Anne Gilmour Spinster, being all the Persons in Being who have any Right, Claim, Title, Interest, or Expectancy, under the Tailzie of Sir Alexander Gilmour; praying Leave to bring in a Bill, to enable the said Sir Charles, with the Approbation of George Master of Rosse, Sir William Baird of Newbaith, Mr. John Baird his Son, and Duncan Forbes Esquire His Majesty's Advocate for Scotland, or any Two of them, or of the Survivors of them, or any Two of them, to sell so much of the Lands and Baronies of Craigmillar and Nether Libberton, Teiths and Pertinents thereof, in the Petition mentioned, as will be sufficient to pay the Sum of Fifty-one Thousand Four Hundred and Eighteen Pounds Principal Money; and for other Purposes in the Petition expressed:

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

Martin's Petition referred to Judges.

Upon reading the Petition of William Martin, of the Society of Lincoln's Inn, Esquire; praying Leave to bring in a Bill, to enable him to complete a Sale and Conveyance to Henry Earl of Shelburne, of the Moiety of an Estate in the Counties of Dublin and Meath, in Ireland, in the Petition mentioned, purchased by and allotted to the said Earl, discharged from all Incumbrances that now affect that Moiety; and for other Purposes in the Petition expressed:

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

L. C. Cavendish's Petition referred to Judges.

Upon reading the Petition of Charles Cavendish, commonly called Lord Charles Cavendish; praying Leave to bring in a Bill, to discharge an Estate, in the Petition mentioned, from all the Trusts of the Petitioner's Marriage Settlement; and thereby to enable a Sale thereof, for raising Money, to purchase another Estate more convenient:

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

Sir J. Lear & al. Petition referred to Judges.

Upon reading the Petition of Sir John Lear Baronet, Thomas Comyns Esquire, and Dame Mary Tipping his Wife; praying Leave to bring in a Bill, to enable the Petitioners to sell such Part of the Lands comprized in the Marriage Settlement of the Petitioners Thomas Comyns and the said Dame Mary, as, together with the Premises thereby charged and appropriated for Payment of Debts, will be sufficient to satisfy the same:

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

Speke, &c. Petition referred to Judges.

Upon reading the Petition of George Spcks Esquire and Jane his Wife, for and on Behalf of Samuel Pitt, an Infant; praying Leave to bring in a Bill, to enable the Petitioners, in the Name of the Infant, to compound a Debt in the Petition mentioned, by accepting the Sum of Fourteen Thousand Pounds in Satisfaction of the Whole; and, upon Receipt thereof, to give such Acquittance as may effectually discharge the Sum reported due, by a Master in Chancery, to the said Infant, from Samuel Pitt, of Kensington, in the County of Middlesex, Esquire:

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

Martin & al. Petition referred to Judges.

Upon reading the Petition of William Martin, of Lincoln's Inn, Esquire, as well in his own Name and Right, as in the Name and on the Behalf of Walter Bagenal Esquire (Eldest Son and Heir of Dudley Bagenal Esquire deceased), now residing in the Kingdom of Ireland; praying Leave to bring in a Bill, for raising the Sum of Five Thousand Pounds, by Sale or Leasing of an Estate lying in that Kingdom, in the Petition mentioned, for discharging Incumbrances affecting the same:

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

Norton, Leave for a Bill to enclose Ixworth Common.

Upon reading the Petition of Thomas Norton Esquire, Lord of the Manor of Ixworth, in the Town of Ixworth, in the County of Suffolk, and Impropriator of all the Tithes arising and renewing within the same, and also of the several Freeholders and Copyholders whose Names are thereunto subscribed, having Right of Common in the said Manor; praying Leave to bring in a Bill, for dividing and enclosing a Common and Common Field lying within the said Manor:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Meighan, to enter into Recognizance for Ryland.

The House being moved, "That Patrick Meighan, of the Parish of St. Andrew's, Holborn, in the County of Middlesex, Bookseller, be permitted to enter into a Recognizance for Richard Ryland Esquire, on account of his Appeal depending in this House; he residing in Ireland:"

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

Astell's Pet. for receiving an Appeal.

Upon reading the Petition of Beaumont Astell Esquire; praying, "That his Appeal from a Decree of the Court of Chancery in Ireland may be received; the Reason of its not being ready within the Time limited by the Standing Order of this House being entirely owing to an unfortunate Accident of the mis-laying of Letters from the Petitioner to his Counsel:"

And a Motion being made, "To dispense with the said Standing Order, for limiting the Time of bringing in Appeals, in this Case:"

It is Ordered, That, on Friday next, this House will take the said Motion into Consideration; and the Lords to be summoned.

Tunstall to take the Name of Constable, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Cuthbert Tunstall Esquire, now called Cuthbert Constable, and others, to take the Surname of Constable, instead of their respective proper Surnames, pursuant to the Will of William late Lord Viscount Dunbar, deceased."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Monday next.

Dyke's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting an undivided Moiety of divers Lands and Hereditaments, in the Counties of Oxon and Kent, the Estate of Elizabeth Dyke, an Infant, in Edward Dyke Esquire and his Heirs, in Exchange for an undivided Moiety of divers Lands and Hereditaments, in the Counties of Somerset and Devon."

Ordered, That the Consideration of the said Bill be committed to the same Committee:

Their Lordships, or any Five of them; to meet on Wednesday the 26th Instant, at the usual Time and Place.

Hunningham Commons, to enclose, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing the Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Hunningham, in the County of Warwick."

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. Lightbourn and Mr. John Bennet:

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

Heriot & al. against Ray & al.

Upon reading the Petition and Appeal of George Heriot Provost, and others, the Baillies, Dean of Guild, Treasurer, Merchant Counsellors and Trades Counsellors, and Members of the Town Council, of the Royal Borough of Hadington; complaining of Two Interlocutory Sentences of the Court of Seffion in Scotland, of the 26th and 28th Days of February 1734/5, made in a Cause wherein William Ray and others, pretending to be Magistrates, Counsellors, and Deacons, in the said Borough, were Plaintiffs, and the said Appellants were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said William Ray and others the said Plaintiffs may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 18th Day of April next; and that Service hereof on the Agent, or Procurator, of the said Respondents, at Edinburgh, be deemed good Service.

Sir J. Gordon against Blair.

Upon reading the Petition and Appeal of Sir John Gordon of Embo Baronet; complaining of Four Interlocutory Sentences of the Court of Session in Scotland, of the 19th December 1734, and the 7th, 26th, and 28th of February 173⁴/5, made in a Cause wherein James Blair of Edinburgh Merchant was Plaintiff, and the said Sir John Gordon was Defendant; and praying, "That the same may be reversed:"

It is Ordered, That the said James Blair and His Majesty's Advocate may have a Copy of the said Appeal; and is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the 18th Day of April next; and that Service hereof on the said James Blair, or his Agent, or Procurator, at Edinburgh, be deemed good Service.

Biggs & al. Petition referred to Judges.

Upon reading the Petition of Henry Biggs of Woodford in the County of Wilts Gentleman, William Swanton, of The Close of New Sarum in the same County Gentleman, and Thomas Kellow Clerk, Rector of Codford St. Peter in the said County, Eldest Son and Heir of Thomas Kellow late of Afferton in the said County Gentleman, deceased, on the Behalf of the Creditors of the said last abovenamed Thomas Kellow, deceased; praying Leave to bring in a Bill, for Sale of the Rectory or Impropriation of Berwick St. James, in the said County, to discharge Debts and Incumbrances affecting the same:

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

Smith to take the Name of Allgood, Bill.

Upon reading the Petition of George Allgood Gentleman, lately called George Smith; praying Leave to bring in a Bill, to enable him and his Issue Male to take the Surname of Allgood, according to the Tenor of the Will of George Allgood, late of The Inner Temple, London, Gentleman, deceased:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Adjourn.

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

DIE Jovis, 13^o Martii.

Domini tam Spirituales quam Temporales Præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Carlisle takes the Oaths.

Charles Earl of Carlisle took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Messages from H. C. to return the Bill of Indemnity for those who have neglected to subscribe, according to the Act of Uniformity;

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

To return the Bill, intituled, "An Act to indemnify Persons who have omitted to make and subscribe the Declarations contained in the Act of Uniformity, of the 13th and 14th Years of King Charles the Second, within the Time limited by Law; and for allowing further Time for doing thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and the Bill for L. Castlemain to take the Name of Tylney.

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

To return the Bill, intituled, "An Act to enable John Child, commonly called Lord Castlemain, and the Heirs of his Body, and such other Persons who, by virtue of a Settlement made by Frederick Tylney Esquire, deceased, shall be in Possession of the Estates therein limited, to take and use the Surname of Tylney;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Giffard against Webb.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Giffard Clerk is Appellant, and John Webb Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Berkeley & al. against Fox & al.

The like Motion and Order, for hearing the Cause wherein Henry Berkley Esquire & al. are Appellants, and John Fox & al. Respondents, on the next vacant Day for Causes.

Kent, &c. against Kent.

The like Motion and Order, for hearing Counsel, upon the Writ of Error wherein Robert Kent and James May are Plaintiffs, and Catherine Kent Widow is Defendant, on the next vacant Day for Causes.

Mutiny Bill:

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

Ordered, That the said Bill be committed.

Motion to restrain the Number of Men to 17,704:

Moved, "That it be an Instruction to the said Committee, That the Number of Forces to be specified in the Bill do not exceed Seventeen Thousand Seven Hundred and Four Effective Men."

Which being objected to:

After Debate;

The Question was put, upon the said Motion.

It was Resolved in the Negative.

Protest against refusing it.

"Dissentient.

"Foley.
Berkshire.
Montjoy.
Gower.
Strafford.
Litchfield.
Bathurst.
Suffolk.
Maynard.
Shaftesbury.
Bolton.
Coventry.
Beaufort.
Bristol.
Huntingdon.
Warrington.
Northampton.
Carteret.
Haversham.
Tadcaster."

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

Adjourn.

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

DIE Veneris, 14^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir W. Gordon against Mackenzie.

The Answer of Jean Mackenzie Widow, to the Appeal of Sir William Gordon Baronet and others, was brought in.

Tittensor Road, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Twelfth and Thirteenth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for repairing and amending the Highways between the Town or Village of Tittensor, and the most Northern Part of Talk on the Hill, in Butt Lane, in the County of Stafford;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Manchester Road, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Roads from the Town of Manchester, leading through Newton, Failsworth, and Oldham, in the County Palatine of Lancaster, to Austerlands, in the Parish of Saddleworth, in the County of York," 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."

E Bredalbane against Innes & al.

Upon reading the Petition and Appeal of John Earl of Bredalbane; complaining of several Interlocutors of the Lords of Session in Scotland, of the 20th Day of June, the 12th of November, and the 18th of December, 1734, and the 22d of January and 27th of February last, made on the Behalf of William Innes, George Lord Rae, Sir James Sinclair, and Patrick Doul; and praying, "That the same may be reversed:"

It is Ordered, That the said William Innes, George Lord Rae, Sir James Sinclair, and Patrick Doul, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 11th Day of April next; and that Service of this Order upon the said Respondents, their Agents, or Procurators, in the Court of Session in Scotland, be deemed good Service.

Sir W. Gordon against Mackenzie & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir William Gordon Baronet and others are Appellants, and Jean Mackenzie Widow and Lady Newhall are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Aftell's Appeal to be received.

The House (according to Order) proceeded to take into Consideration the Motion made on Tuesday last, for dispensing with the Standing Order, for limiting the Times to bring in Appeals, so sar as that the Appeal of Beaumont Astell Esquire may be received; the same being so long delayed by an unfortunate Accident.

And the Petition of the said Astell for that Purpose, presented on Tuesday last, being again read:

Ordered, That the said Appeal be received accordingly.

Then the same was presented, and read; complaining of an Order of the Court of Chancery in Ireland, of the 18th of June 1734, by which the Appellant is only decreed to be paid Interest from One Year after the Death of Henry Richardson, made in a Cause wherein the Appellant was Plaintiff, and Francis Richardson Esquire, Simon Richardson his Eldest Son, Mary Richardson Widow, Sir Robert Echlin Baronet, John Echlin Clerk, and Mary Duncan Widow, were Defendants; and praying, "That the same may be reversed; and that a former Decretal Order of the 2d of July 1733, by which he is decreed to have Interest from his Inter-marriage with the said Jane, may be affirmed:"

It is Ordered, That the said Defendants may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 18th Day of April next.

Walthoe to print Judgements, Petition referred to Committee.

A Petition of John Walthoe, of London, Bookseller, was presented, and read; praying, "In regard he has, with great Pains and considerable Expence, collected most of the Cases that have been adjudged in this House on Appeals and Writs of Error; that he may be permitted to have Copies of the Judgements and Determinations on the said Cases from their Lordships Journals, and to print the same, under such Restrictions as to the House shall seem meet."

Ordered, That the Consideration of the said Petition be referred to the Lords following; who are appointed a Committee, to consider thereof; and report to the House what they shall think proper thereupon:

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

Brown against Chalmers:

This Day being appointed, for hearing the Cause wherein Mr. David Brown Moderator of the Synod of Aberdeen, and the other Delegates from the several Presbyteries of the said Synod, Electors of the Professors of Divinity in the Old College of Aberdeen, appointed by the Charter establishing the said Profession, for themselves, and in Name and Behalf of Mr. James Gordon, elected Professor of Divinity in the said College, are Appellants, and Mr. George Chalmers Principal of the College of Aberdeen, Mr. Alexander Sympson at Monumusk, Mr. Alexander Mearns at Inch, Mr. James Innes at Bamff, Mr. James Lato at Cullen, Mr. Thomas Scot at Fivie, and Mr. William Johnston at Monwhittar, Delegates and Commissioners from the respective Presbyteries of Garrioch, Fordyce, and Turreff, within the Provincial Synod of Aberdeen, Respondents;

And no Counsel appearing for the Appellants:

The Counsel for the Respondents were called in.

And having shortly stated the Nature of the Case; and prayed an Affirmance of the several Interlocutors of the Lords of Session in Scotland, complained of in the said Appeal, with Costs:

Judgement.

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 several Interlocutors therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the Respondents, the Sum of Fifty Pounds, for their Costs in respect of the said Appeal.

Farthingstone Commons, to enclose, Bill.

The Earl of Northampton (pursuant to the Order of the 3d Instant) presented to the House a Bill, intituled, "An Act to enclose the Commons and Common Fields of Farthingstone, in the County of Northampton."

And the same was read the First Time.

Adjourn.

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

DIE Lunæ, 17^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mills against Byrne.

The Answer of John Byrne Senior, and others, to the Appeal of Michael Mills Clerk was brought in.

Bp. of Lincoln takes the Oaths.

Richard Lord Bishop of Lincoln took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for naturalizing Anna Elizabeth Broughton and Josias Cottin;" to which they desire the Concurrence of this House.

D. Gordon against Duff.

Upon reading the Petition and Appeal of Cosmo George Duke of Gordon and his Guardians; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 17th of July 1734, and the 12th and 26th of February last, made on the Behalf of William Duff of Braco Esquire; and praying, "That the same may be reversed:"

It is Ordered, That the said William Duff may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Fourteenth Day of April next; and that Service of this Order upon the Procurators or Agents of the said Respondent in the Court below be deemed good Service.

D Roxburgh against Kerr.

After hearing Counsel, in Part, in the Cause wherein John Duke of Roxburghe is Appellant, and Christian Kerr and others are Respondents:

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

Adjourn.

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

DIE Martis, 18^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Uxbridge takes the Oaths.

Henry Earl of Uxbridge took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

D. Roxburgh against Kerr & al.:

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of John Duke of Roxburghe; complaining of an Interlocutor of the Lords of Session in Scotland, of the 23d of July 1731, made on the Behalf of Christian Kerr of Chatto, Charles Kerr Esquire her Husband, and Captain William Elliot; and praying, "That the same may be reversed:" As also upon the Answers of the said Christian Kerr and her said Husband and the said William Elliot put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

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

Mutiny Bill.

Whereas this Day is appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters:"

It is Ordered, That this House shall be put into a Committee thereupon To-morrow; and the Lords to be summoned.

Tittensor Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Twelfth and Thirteenth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for repairing and amending the Highways between the Town or Village of Tittensor, and the most Northern Part of Talk on the Hill, in Butt Lane, in the County of Stafford."

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

Their Lordships, or any Five of them; to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.

Broughton & al. Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Anna Elizabeth Broughton and Josias Cottin."

Manchester Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Roads from the Town of Manchester, leading through Newton, Failsworth, and Oldham, in the County Palatine of Lancaster, to Austerlands, in the Parish of Saddleworth, in the County of York."

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. Thurston and Mr. Edwards:

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

Mills against Byrne.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Michael Mills Clerk, Administrator of John Rathborne Merchant, with his Will annexed, is Appellant, and John Byrne and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Adjourn.

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

DIE Mercurii, 19^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lock against Pitt.

The Answer of Bridgeway Pitt Esquire, Earl of Londonderry, to the Appeal of William Lock, was brought in.

Montgomery to enter into Recognizance for Astell.

The House being moved, "That John Montgomery, of St. James's, Westminster, may be permitted to enter into a Recognizance for Beaumont Astell Esquire, on account of his Appeal depending in this House; he being in Ireland:"

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

Tittensor Road, Bill.

The Lord Gower reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Twelfth and Thirteenth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for repairing and amending the Highways between the Town or Village of Tittensor, and the most Northern Part of Talk on the Hill, in Butt Lane, in the County of Stafford," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Chevalier & al. to be added to Nat. Bill.

Upon reading the Petition of John Chevalier and John Treber; praying, "That they may be added to the Bill now depending before this House, for naturalizing Anna Elizabeth Broughton and Josias Cottin:"

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

Sir T. Moncrief against Moncrief.

Ordered, That the Cause wherein Sir Thomas Moncrief Baronet is Appellant, and Thomas Moncrief Respondent, which stands appointed for To-day, be put off till Friday next; and that the Cause between Selwyn and Brown, appointed for that Day (fn. 1), be put off to Monday next; and the other Causes on Cause days be removed to come on in Course.

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."

After some Time spent therein, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had made some Progress in the Bill; and desired that another Time may be appointed, for the House to be in a Committee, to proceed further therein."

Ordered, That the House be put into a Committee again, to consider further of the said Bill, To-morrow; and that the Judges in Town do then attend.

Adjourn.

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

DIE Jovis, 20^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lock against Harrison.

The Answer of Frances Harrison, Widow and Administratrix of Edward Harrison Esquire, deceased, and Isaac Fronks, to the Appeal of William Lock and John Herring Esquires, was brought in.

E. Gainsborough takes the Oaths.

Baptist Earl of Gainsborough took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Persons to be naturalized sworn.

John Chevalier and John Treber took the Oaths appointed, in order to their Naturalization.

E. of Aylesford's Privilege:

The Lord Delawarr reported from the Lords Committees for Privileges, to whom was referred the Matter of the Complaint of a Breach of Privilege, committed by John Mathews in February last, in causing some poor labouring Men to scour a certain Brook, or Watercourse, called Horn-brook, in Possession of the Earl of Aylesford, and using opprobrious Expressions of the said Earl: "That the Committee had examined several Persons upon Oath, in relation to the Matter of the said Complaint; and had likewise heard the said John Mathews in his Defence, touching the Matter complained of; and are of Opinion, that the said John Mathews is guilty of a Breach of the Privilege of this House."

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

Matthews to be attached, for scouring a Brook on his Estate.

Ordered, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the said John Mathews, and keep him in safe Custody until further Order; and this shall be a sufficient Warrant on that Behalf.

To Francis Jephson Esquire, his Deputy or Deputies, and every of them.

Forrester's Bill.

The Earl of Westmorland reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Estates of William Forrester Esquire and Brook Forrester his Son and Heir Apparent, in the County of Salop, in Trustees, to settle the same, pursuant to an Agreement previous to the Marriage of the said Brook Forrester with Elizabeth his Wife, only Daughter of George Weld Esquire, notwithstanding the Minority of the said Brook Forrester," 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.

Tittensor Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Twelfth and Thirteenth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for repairing and amending the Highways between the Town or Village of Tittensor, and the most Northern Part of Talk on the Hill, in Butt Lane, in the County of Stafford."

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. Thurston and Mr. Edwards:

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

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, the House was resumed.

And the Earl of Warwick 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."

Quartering Soldiers at Elections, Bill.

Ordered, That the Judges do prepare, and bring in, a Bill for regulating the quartering of Soldiers during the Time of the Elections.

Adjourn.

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