House of Lords Journal Volume 24: April 1736, 11-20

April 1736, 11-20

DIE Martis, 13^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E Derby takes his Seat.

Edward Earl of Derby sat first in Parliament, after the Death of his Cousin James Earl of Derby; having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Sinclair's Bill;

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Sinclair, Eldest Son of Henry late Lord Sinclair, deceased, 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.

Windsor Bridge, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling the Mayor, Bailiffs, and Burgesses, of the Borough of New Windsor, in the County of Berks, to repair and maintain their great Bridge over the River of Thames, and the Way thereon, leading from the said Borough of New Windsor to Eton, in the County of Bucks."

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 these Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Holford and Mr. John Bennet:

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

Banks's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for explaining the Will of Joseph Banks Esquire, deceased; and for empowering several Persons claiming under the said Will to make Jointures and Leases, in such Manner as is therein mentioned," 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.

St. Margaret's &c. Nightly Watch, Bill.

The Duke of Portland reported from the Lords Committees to whom the Bill, intituled, "An Act for the better regulating the Nightly Watch and Beadles, within the Parishes of Saint Margaret and Saint John the Evangelist, within the City and Liberty of Westminster," 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."

Gainsburgh Church, rebuilding, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for re-building the Parish Church of Gainsburgh, in the County of Lincoln."

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

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

Clerk Parliaments, Petition referred to a Committee.

Upon reading the Petition of William Cowper Esquire, Clerk of the Parliaments; praying, "That this House will take such Order for the Petitioner's Relief and quiet Enjoyment of his alleged Right, in relation to the Appointment of Mr. Joseph Wight to make out and deliver Copies of Proceedings in The Parliament-office; and of all other the Petitioner's just Rights as Clerk of the Parliaments, injured, as is also alleged, in some respects, by Mr. Merest, the Clerk Assistant:"

It is Ordered, That the said Petition be referred to the Consideration of the Lords Committees aforenamed:

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

Charteris to amend his Appeal.

Upon reading the Petition of Francis Charteris Esquire, an Infant, and his Guardians; praying, "That they may be at Liberty to amend their Appeal from several Interlocutors of the Lords of Session in Scotland, by adding another Interlocutor, subsequent to those already complained of:"

It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, as desired; they amending the Respondents Copy.

Vaux's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate late of Thomas Vaux Esquire, deceased, for discharging his Debts and Encumbrances."

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 Wednesday the 28th Day of this Instant April; and to adjourn as they please.

Murray's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable William Murray 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 have descended or come to him since His late Majesty's most Gracious Pardon, dated the 20th of July, in the 7th Year of His Reign, or that shall hereafter descend or come to him."

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, on Thursday next; and to adjourn as they please.

Ross & al. against Gordon.

Upon reading the Petition and Appeal of Alexander Ross of Aukervile, Charles Ross of Balnagown, and George Master of Ross his Guardian, John Davidson Clerk to the Court of Justiciary, Alexander Ross Writer to the Signet, and others, Creditors upon the said Estate of Aukervile; complaining of several Interlocutories of the Lords of Session in Scotland, of the 12th of November 1735, the 12th and 17th of December following, the 27th of January 1735/6, and 1st of April 1736, made on the Behalf of Alexander Gordon of Gartie; and praying, "That the same may be reversed; and an Interlocutory of the said Lords, of the 3d of July 1735, may be affirmed; and such Relief given to the Petitioners as to their Lordships shall seem meet:"

It is Ordered, That the said Alexander Gordon of Gartie 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 11th Day of May next; and that Service of this Order on the said Alexander Gordon of Gartie's Attorney, or Procurator, before the Court of Session, be deemed good Service.

Address for an Account of Licenses to alien in Mortmain.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions to the proper Officer, to lay before this House an Account of what Licenses have been granted by the Crown, and for what Values respectively, to any Person or Persons, Bodies Politic or Corporate, their Heirs or Successors, to alien in Mortmain, and to purchase, take, and hold in Mortmain, in Perpetuity, any Lands, Tenements, or Hereditaments whatsoever, since the Act of the Seventh Year of the Reign of King William the Third, intituled, "An Act for the Encouragement of Charitable Gifts and Dispositions," to this present Time."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Westminster Bridge Bill, Order for Witnesses.

Ordered, That the Clerk be empowered to issue Orders for such Witnesses (whose Names shall be delivered to him) to attend this House, in relation to the Bill for building a Bridge over The Thames, from The New Palace Yard, to the opposite Shore.

Quin against Langley:

The House being informed, "That a Person attended, in order to deliver in several Pleadings and Proceedings, in the Cause wherein Valentine Quin Esquire is Appellant, and Samuel Langley Clerk, Heir and Executor of his Mother Mary Langley, and Heir to Anthony Langley his Brother, by Bill of Revivor and Supplemental Bill, Respondent:"

Pleadings proved.

He was called in; and delivered, at the Bar, the said Pleadings and Proceedings; and attested upon Oath, The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Adjourn.

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

DIE Mercurii, 14^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Cowper's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for settling the Estate of William late Earl Cowper deceased, to the Uses, and for the Purposes, mentioned in certain Articles of Agreement made between William now Earl Cowper and his Brother, and the issue of Spencer Cowper Esquire, deceased," 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.

Sunning Lane Road, Bill.

The Lord Cadogan reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Highways from Sunning Lane End, next Twyford, to The Old Bear Inn in Reading, in the County of Berks," 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."

Messages from H. C. with Bills; and to return the Bill for Gilbert to take the Name of Cooper;

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

To return the Bill, intituled, "An Act to enable John Gilbert Esquire, and the Heirs Male of his Body, to take and use the Surname and Arms of Cooper, pursuant to the Will of John Cooper, of Thurgarton, Esquire, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Lord Cha. Cavendish's Bill.

A Message was brought from the House of Commons, by the Lord Sundon and others:

To return the Bill, intituled, "An Act for discharging the Estate purchased by the Trustees of Charles Covendish Esquire, commonly called Lord Charles Cavendish, from the Trusts of his Settlement; and for enabling the said Trustees to sell and dispose of the same, for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.

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

With a Bill, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the City of London, and the Liberties thereof;" to which they desire the Concurrence of this House.

Message from thence, to return Sir John Astley's Bill.

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

To return the Bill, intituled, "An Act for exchanging of Lands, between Sir John Astley Baronet, and the President and Fellows of Queen's College in Cambridge;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Kings Answer to Address.

The Lord Steward acquainted the House, "That the Lords with White Staves) according to Order) had presented to His Majesty the Address of Yesterday, for an Account of what Licenses have been granted by the Crown, to alien, purchase, take, or hold in Mortmain, any Lands or Tenements, since the Act of the 7th of King William, for the Encouragement of Charitable Gifts, to this Time; and that His Majesty was pleased to say, He will give Directions accordingly."

Westminster Bridge, Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for building a Bridge cross the River Thomas, from The New Palace Yard, in the City of Westminster, to the opposite Shore in the County of Surrey;" and to hear Counsel, as well for as against the same:

It was proposed, "That only One Counsel of a Side be allowed to be heard in relation to the said Bill."

Which being objected to:

After Debate;

The Question was put, upon the said Proposition.

And it was Resolved in the Affirmative.

Then divers Witnesses were called in, and sworn, in order to be examined both for and against the said Bill.

And the House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had made a Progress in the Matter to them referred."

Ordered, That this House be put into a Committee again upon the said Bill To-morrow.

Message to H. C. touching a Mistake in a former one; and with the Bill for regulating the Nightly Watch in the Parish of St. Anne.

Proposed, "That a Message be sent to the House of Commons, to acquaint them, that the Message which this House ordered to be delivered to them on Friday last was, "That the Lords had agreed to the Bill, intituled, An Act for the better regulating the Nightly Watch and Beadles, within the Parish of Saint Anne, within the Liberties of the City of Westminster, without any Amendment:" But their Lordships find, that the Message then delivered was, "That the Lords had agreed to the Bill, intituled, An Act for the better regulating the Nightly Watch and Beadles, within the Liberties of the City of Westminster, without any Amendment:" That the Clerk, in writing down the Title of the Bill to assist the Memory of the Messengers, omitted, by Mistake, the Words ["within the Parish of Saint Anne"]; which occasioned a like Mistake in the Delivery of that Message."

After Debate;

Ordered accordingly.

And the same was sent, by Mr. Burroughs and Mr. Edwards.

St. Margaret's. &c. Nightly Watch, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better regulating the Nightly Watch and Beadles, within the Parishes of Saint Margaret and Saint John the Evangelist, within the City and Liberty of Westminster."

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.

Banks's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for explaining the Will of Joseph Banks Esquire, deceased; and for empowering several Persons claiming under the said Will to make Jointures and Leases, in such Manner as is therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Small Debts in London, Recovery of, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the City of London, and the Liberties thereof."

Purry's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing David Purry."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place on Friday next; and to adjourn as they please; and that the Petition of John Anthony Merle, praying to be added to the said Bill, be referred to the said Committee.

Adjourn.

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

DIE Jovis, 15^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Cowper's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for settling the Estate of William late Earl Cowper, deceased, to the Uses, and for the Purposes, mentioned in certain Articles of Agreement, made between William now Earl Cowper and his Brother, and the Issue of Spencer Cowper Esquire, deceased."

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. John Bennet and Mr. Burroughs:

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

Messages from thence, to return St. George Hospital Bill.

A Message was brought from the House of Commons, by the Lord (fn. 1) Tryconnel and others:

To return the Bill, intituled, "An Act to enable the Dean and Chapter of Saint Peter's Westminster, to convey a Piece of Ground, with Three Houses thereon, at Knightsbridge, to a Trustee, for the Contributors to Saint George's Hospital and their Successors;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Shore's Bill.

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

To return the Bill, intituled, "An Act for Sale of an undivided Fourth Part of the Manor of Plumpton, and certain Lands and Hereditaments in the County of Sussex, the Estate of Elizabeth Shore and her Daughters; and for vesting the Money arising thereby in Trustees, for the same Uses to which the said Estate now stands settled;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Ld Charles Cavendish's Bill.

The House proceeded to take into Consideration the Amendment made by the Commons to the Bill, intituled, "An Act for discharging the Estate purchased by the Trustees of Charles Cavendish Esquire, commonly called Lord Charles Cavendish, from the Trusts of his Settlement; and for enabling the said Trustees to sell and dispose of the same, for the Purposes therein mentioned:"

And the same being read, was agreed to by the House.

Message to H. C. that the Lords here agreed to an Amendment to it.

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

Laghting London Streets, Bill.

The Duke of Portland reported from the Lords Committees to whom the Bill, intituled, "An Act for the better enlightening of the Streets of the City of London," 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."

Gainsburgh Church re-building, Bill.

The Lord Monson made the like Report from the Committee to whom the Bill, intituled, "An Act for re-building the Parish Church of Gainsburgh, in the County of Lincoln," was committed.

Murray's Bill.

The Duke of Atholl made the like Report from the Committee to whom the Bill, intituled, "An Act to enable William Murray 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 have descended or come to him since His late Majesty's most Gracious Pardon, dated the 20th of July, in the 7th Year of His Reign, or that shall hereafter descend or come to him," was committed.

D. Bolton's Privilege; Waldron to be attached, for cutting down the Bank of a Mill Pond.

Complaint was made to the House, of a Breach of Privilege committed by John Waldron, of Kings Clear, in the County of Southampton, Tanner, for wilfully and maliciously cutting down and destroying the Head or Bank of a Millpond at Kings-Clear aforesaid, belonging to the Duke of Bolton, in Breach of his Grace's Privilege, and the Privilege of this House:

And Oath being made, at the Bar, of the Truth of the Matter complained of:

It is Ordered, That the Serjeant at Arms attending this House, his Deputy of Deputies, do forthwith attach the Body of the said John Waldron, and bring him in safe Custody to the Bar of this House, to answer the Matter of the said Complaint.

To Francis Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Sunning Lane Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for repairing the Highways from Sunning Lane End, next Twyford, to The Old Bear Inn, in Reading, in the County of Berks."

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.

Small Debts in London, for Recovery of, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the City of London, and Liberties thereof."

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

Westminster Bridge, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for building a Bridge cross the River Thames, from The New Palace Yard, in the City of Westminster, to the opposite Shore in the County of Surrey."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had made a further Progress in the Matter to them referred."

Ordered, That the House be put into a Committee again upon the said Bill, To-morrow; and that the Cause appointed for that Day be put off to Monday next; and the other Causes removed in Course.

Shipwrecked Mariners, Relief of, Bill.

The Order of the Day, for the House to be put into a Committee upon the Bill, intituled, "An Act for more equal paying and better collecting certain small Sums, for Relief of shipwrecked Mariners and distressed Persons, His Majesty's Subjects, in the Port of Cadiz and Port Saint Mary's, in the Kingdom of Spain; and for other Uses usually contributed to by the Merchants trading to the said Ports," being read:

Ordered, That the House be put into a Committee thereupon, To-morrow.

Adjourn.

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

DIE Veneris, 16 ^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Murray's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable William Murray 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 have descended or come to him since His late Majesty's most Gracious Pardon, dated the 20th of July, in the 7th Year of His Reign, or that shall hereafter descend or come to him."

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

It was Resolved in the Affirmative.

Gainsburgh Church re-building, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for re-building the Parish Church of Gainsburgh, in the County of Lincoln."

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

It was Resolved in the Affirmative.

Lighting London Streets, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better enlightening of the Streets of the City of London."

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 the preceding Bills:

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

To acquaint them, that the Lords have agreed to the several Bills afore-mentioned, without any Amendment.

Dispositions of Lands, to restrain, Bill.

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

With a Bill, intituled, "An Act to restrain the Dispositions of Lands, whereby the same become unalienable;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be read a Second Time on Tuesday next; the Lords to be summoned; and the Judges in Town to attend.

Ordered, That the said Bill be printed.

Account to be brought from the Governors of Q. Anne's Bounty.

Ordered, That the Governors of the Bounty of Queen Anne do lay before this House, an Accompt of what Sums of Money they have received for First Fruits and Tenths; and also an Accompt of what Sums of Money they have received, and from whom, for the Increase of the said Bounty, in each Year since their Incorporation; what Part of those Sums have been laid out in each Year, and to what Uses; and what Part thereof is now in their Hands, and where deposited; and also an Account of what Livings are capable of being augmented, according to the Act passed in the Second and Third Year of the Reign of Her late Majesty Queen Anne, (intituled, "An Act for the making more effectual Her Majesty's gracious Intentions for the Augmentation of the Maintenance of the poor Clergy, by enabling Her Majesty to grant in Perpetuity the Revenues of the First Fruits and Tenths; and also for enabling any other Persons to make Grants for the same Purpose;") and the respective Values of such Livings; and likewise an Account of what Lands have been devised by Will to the said Corporation since their Establishment, together with the Charter of the Corporation, and the Rules appointed under the Great Seal for them to observe.

Persons omitting to take the Oaths for Offices to indemnify, Bill.

A Message was brought from the House of Commons, by Doctor Lee and others:

With a Bill, intituled, "An Act for indemnifying Persons who have omitted to qualify themselves for Offices within the Time limited by Law, and for allowing further Time for that Purpose; and for amending so much of an Act, passed in the Second Year of the Reign of His present Majesty, as requires Persons to qualify themselves for Offices before the End of the next Term, or Quarter Sessions; and also for enlarging the Time limited by Law, for making and subscribing the Declaration against Transubstantiation; and for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers, Devisees, and Lessees;" to which they desire the Concurrence of this House.

Glasgow D. on Beer Bill.

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

With a Bill, intituled, "An Act for continuing the Duty of Two Pennies Scots, or One Sixth of a Penny Sterling, on every Pint of Ale and Beer that shall be vended or sold within the City of Glasgow; and for extending the same over the Villages of Gorbells and Port Glasgow, and Privileges thereof, for the Benefit of the said City and Villages;" to which they desire the Concurrence of this House.

Irvine Duty on Beer, Bill.

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

With a Bill, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer brewed or brought into, and sold within, the Town of Irvine and Liberties thereof; and for laying a Duty of One Penny Sterling upon every Ton, or Ten Horse Loads, of Coals carried to the Harbour of the said Town, and shipped there for Transportation;" to which they desire the Concurrence of this House.

The said Three Bills were all read the First Time.

Westminster Bridge, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for building a Bridge cross the River Thomas, from The New Palace Yard, in the City of Westminster, to the opposite Shore in the County of Surrey."

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 made several Amendments thereunto; which they had directed him to report, when the House will please to receive the same"

Ordered, That the said Report be received on Monday next.

Shipwrecked Mariners, for Relief of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for more equal paying and better collecting certain small Sums, for Relief of Shipwrecked Mariners and distressed Persons, His Majesty's Subjects, in the Port of Cadiz and Port Saint Mary's, in the Kingdom of Spain; and for other Uses, usually contributed to by the Merchants trading to the said Ports."

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."

Freeman's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act to enable John Freeman Esquire, heretofore called John Cooke, and his Heirs, to take and use the Surname of Freeman, pursuant to the Will of William Freeman Esquire, deceased; and also to empower the said John Freeman and others to make Leases of the Estates devised by the said Will," stands committed, which is appointed to meet To-morrow, be put off to Monday next.

Adjourn.

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

DIE Lunæ, 19^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Baldwin & al. against Charrante & al.

The joint and several Answers of Gabriel Van Charrante and others, to the Appeal of Thomas Baldwin Gentleman, was brought in.

E. Bredalbane against Innes & al.

The joint and several Answers of William Innes and others, to the Appeal of John Earl of Bredalbane, was brought in.

Baillie against Denham.

The Answer of Mr. Archibald Denham, formerly Stewart, Advocate, to the Appeal of Alexander Baillie, formerly Denham, was brought in.

Hoggan against Wardlaw.

The joint Answers of William Wardlaw of Abden, late Provost of the Borough of Kinghorn, and others, to the Appeal of John Hoggan, was brought in.

Freeman's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Freeman Esquire, heretofore called John Cooke, and his Heirs, to take and use the Surname of Freeman, pursuant to the Will of William Freeman Esquire, deceased; and also to empower the said John Freeman and others to make Leases of the Estates devised by the said Will," 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 directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

West Stafford Common enclosing, Bill.

The Earl of Warwick reported from the Committee to whom the Bill, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Parish of West Stafford cum Froom Bellet, in the County of Dorset," 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.

Glasgow Duty on Beer, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Duty of Two Pennies Scots, or One Sixth of a Penny Sterling, on every Pint of Ale and Beer that shall be vended or sold within the City of Glasgow; and for extending the same over the Villages of Gorbells and Port Glasgow, and Privileges thereof, for the Benefit of the said City and Villages."

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

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

Irvine Duty on Beer, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer brewed, or brought into, and sold within the Town of Irvine and Liberties thereof; and for laying a Duty of One Penny Sterling upon every Ton, or Ten Horse Loads, of Coals carried to the Harbour of the said Town, and shipped there for Transportation."

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

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

Shipwrecked Mariners, for Relief of, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more equal paying and better collecting certain small Sums, for Relief of shipwrecked Mariners and distressed Persons, His Majesty's Subjects, in the Ports of Cadiz and Port Saint Mary's, in the Kingdom of Spain; and for other Uses, usually contributed to by the Merchants trading to the said Ports."

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. Holford and Mr. Edwards:

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

Lady Nairn & al. peremptorily to answer Nairn's Appeal.

The House was informed, "That Margaret Lady Nairn and her Creditors have not put in their Answer to the Appeal of John Nairn Esquire, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by David Grieme, of the due Service of the said Order, being read:

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

Westminster Bridge, Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for building a Bridge cross the River Thames, from The New Palace Yard, in the City of Westminster, to the opposite Shore, in the County of Surrey," was committed, the Amendments made by the Committee to the said Bill.

And the same, being read Twice by the Clerk, were agreed to by the House, and are as follow; (vidclicet,)

"Press 2. Line 30. After ["being"], insert ["the Right Honourable Charles Lord Baron of Weston, Earl of Arran in the Kingdom of Ireland, High Steward of Westminster, and the High Steward of Westminster for the Time being"].

"Press 11. Line 28. After ["Act"], add ["Provided nevertheless, That the Recompence to be made and paid, for and in respect of the Interest of the Lord Archbishop of Canterbury in the Horse-ferry from Westminster to Lambeth, shall be paid to the Archbishop for the Time being, to be laid out, as soon as conveniently may be, in the Purchase of Lands of Inheritance, to be conveyed to the said Archbishop and his Successors, to the Use of the said Archbishop and his Successors for ever; and shall be deemed Part of the Possessions of the said Archbishoprick, subject to the Power of leasing the same for the best Rent which can be obtained for the same, and for such Term of Years, or for Lives, and with all other Powers which by Law the Archbishop for the Time being hath over the other Lands belonging to the said Archbishoprick; and in the mean Time, and until such Purchase, the Money for such Recompence shall be placed out, by the said Archbishop, in some of the Public Funds, and the Interest thereof shall be applied in the same Manner as the Rents and Profits of such Lands, when purchased, are to be applied.

"And as to the Recompence to be made and paid, for and in respect of the Interest of the poor Watermen of St. Margaret's and St. John the Evangclist's in Westminster, in the Sundays Ferry; the Money for the said Recompence shall be paid to the Overseers and Rulers, Auditors and Assistants, of the Society or Company of Wherrymen, Watermen, and Lightermen, upon the River of Thames, between Gravesend and Windsor, to be laid out by them, or the major Part of them, in some of the Public Funds; and the Income and Yearly Produce of the said Money to be distributed amongst such poor, aged, decayed, and maimed Watermen and their Widows, of the said Parishes, in such Manner and Proportion as shall be thought proper, from Time to Time, by the said Overseers and Rulers, Auditors and Assistants, or the major Part of them"].

"Press 13. Lines 16, 17, 18. Leave out ["or to such Person or Persons as shall for that Purpose be appointed by the said Commissioners, or any Nine or more of them"].

"L. 27. Leave out ["or to such other Person or Persons as aforesaid"].

Press 14. L. 19. Leave out ["this"], and insert ["an"]; and after ["Act"], leave out ["in that Behalf"], and insert ["intituled, "An Act for building a Bridge cross the River Thames, from The New Palace Yard, in the City of Westminster, to the opposite Shore in the County of Surrey"].

"Press 15. L. 18. and 19. Leave out ["or such other Person or Persons as aforesaid"].

"L. 19. and 20. Leave out [Person or Persons"].

"L. 24. Leave out ["or other Person or Persons"].

"L. 28. Leave out ["or other Person or Persons respectively"].

"L. 36. and 37. Leave out ["or other Person or Persons"].

"Last Line, and 1st of the next Press. Leave out ["or other Person or Persons"].

"Pr. 16. L. 8. and 9. Leave out ["or other Person or Persons"].

"L. 19. and 20. Leave out ["or other Person or Persons as aforesaid"].

"L. 29. and 30. Leave out ["or other Person or Persons as aforesaid"].

"Pr. 22. L. 37. and 38. Leave out ["or other Person or Persons to be"].

"L. 41. and last. Leave out ["or other Person or Persons as aforesaid"].

"Pr. 23. L. 9. and 10. Leave out ["or other Person or Persons as aforesaid"].

"L. 26, 27, and 28. Leave out ["or such other Person or Persons as shall be appointed as aforesaid to receive the Money so to be contributed as aforesaid"].

"L. 29. Leave out ["therein"]; and insert ["in receiving the Money so to be contributed as aforesaid"].

"L. 36. and 37. Leave out ["or other Person or Persons to be"].

"Last Line and 1st of the next Press. Leave out ["or other Person or Persons"].

"Pr. 24. Line 7. and 8. "Leave out ["Managers and Directors, or the major Part"]; and insert ["Commissioners, or any Nine or more"].

"L. 9. Leave out ["apply for"], and insert ["direct"].

"L. 13. and 14. Leave out ["or such other Person or Persons"].

"L. 18. and 19. Leave out ["or other Person or Persons as aforesaid"].

"L. 29. and 30. Leave out ["or such other Person or Persons as aforesaid"].

"Pr. 25. L. 35. and 36. Leave out ["or other Person or Persons to be appointed as aforesaid."]

"Pr. 26. L. 31. and 32. "Leave out ["or other Person or Persons who shall as aforesaid be"].

"Pr. 27. L. 7. and 8. Leave out ["or other Person or Persons to be appointed as aforesaid"].

"L. 31. After ["Act"], insert ["at such Times, and by such Sums, as the said Commissioners, or any Nine or more of them, shall from Time to Time direct and appoint; such Treasurer or Treasurers first giving Security to the said Commissioners, or any Nine or more of them, for the due Application of the said Money, and accompting for the same"].

Then it was proposed, "In the 35th Line of the 1st Press, after ["Richmond"], to insert ["the most Noble Henry Duke of Beaufort"]."

And the same was agreed to.

As it was also agreed, "To insert, in the 18th Line of the 2d Press, after ["England"], the Right Honourable Henry Lord Viscount St. John"]; and in the 30th Line of the same Press, after ["being"], the Right Honourable William Lord Craven"]."

After which, it was proposed, "To insert, in the Clause to restrain the Building of Houses on the intended Bridge, these Words ["except Watchhouses"]."

But that Proposition was disagreed to.

Ordered, That the said Bill be read the Third Time To-morrow.

Sir Lister Holte & al. against Lowe.

After hearing Counsel, upon the Petition and Appeal of Sir Lister Holte Baronet, an Infant, by his Grandmother and next Friend, and Francis Welles Gentleman; complaining of an Order of the Court of Exchequer, made the 9th Day of November 1734, in a Cause wherein the Appellants were Plaintiffs, and Robert Lowe Esquire Defendant, whereby a Plea put in by the Respondent to the Appellants Bill was allowed; and praying, "That the said Order may be reversed and set aside; and such other Order made, as to this House shall seem meet:" As also upon the Answer of the said Robert Lowe put in to the said Appeal; and due Consideration had of what was offered o either Side in this Cause:

Judgement.

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 that the said Plea and Answer do stand for an Answer; with Liberty to except, so far as to oblige the Respondent to discover any Conveyance or Conveyances made by William Lord Brereton and Eli zabeth his Wife, and William Brereton Esquire their Son, or any or either of them, to Robert Lowe the Respondent's Grandfather, alone or jointly with any other Person or Persons; and to discover any Deed or Deeds, declaring the Uses of a Fine in the Pleadings in this Cause mentioned to be levied in the Sixteenth Year of the Reign of King Charles the Second, or declaring the Uses of a Fine in the Pleadings also mentioned to be levied in the Year 1667.

Persons omitting to take the Oaths for Offices to indemnify, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for indemnifying Persons who have omitted to qualify themselves for Offices within the Time limited by Law, and for allowing further Time for that Purpose; and for amending so much of an Act passed in the Second Year of the Reign of His present Majesty, as requires Persons to qualify themselves for Offices before the End of the next Term, or Quarter Sessions; and also for enlarging the Time limited by Law, for making and subscribing the Declaration against Transubstantiation; and for allowing further Time for Enrolment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers, Devisees, and Lesses."

Ordered, That the said Bill be committed to a Committee of the whole (fn. 2) House, on Thursday next.

Account of Licenses granted in Mortmain, delivered.

The House being informed, "That a Person from the Petty Bag Office attended:"

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

"An Account of what Licenses have been granted by the Crown, and for what Values respectively, to any Person or Persons, Bodies Politic or Corporate, their Heirs or Successors, to alien in Mortmain, and to purchase, take, and hold in Mortmain, in Perpetuity, any Lands, Tenements, or Hereditaments, since the Act of the Seventh of King William the Third, intituled, "An Act for the Encouragement of charitable Gifts and Dispositions," to this present Time."

And then he was directed to withdraw.

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

Baldwin against Van Charrante.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Baldwin Gentleman, and Andrew Chalmer Writer in Edinburgh, Trustee of the said Thomas Baldwin, are Appellants, and Gabriel Van Charrante and others 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.

E. Bredalbane against Innes & al.

The like Motion and Order, for hearing the Cause wherein John Earl of Bredalbane is Appellant, and William Innes and others are Respondents.

Denham against Stewart.

The like Motion and Order, for hearing the Cause wherein Alexander Denham is Appellant, and Archibald Stewart Respondent.

Hoggan & al. against Wardlaw & al.

The like Motion and Order, for hearing the Cause wherein John Hoggan and others are Appellants, and William Wardlaw and others Respondents.

Adjourn.

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

DIE Martis, 20^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Glasgow, Duty on Beer, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing the Duty of Two Pennies Scots, or One Sixth of a Penny Sterling, on every Pint of Ale and Beer that shall be vended or sold within the City of Glasgow; and for extending the same over the Villages of Gorbells and Port Glasgow, and Privileges thereof, for the Benefit of the said City and Villages," 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."

Irvine, Duty on Beer, Bill.

His Lordship made the like Report from the Committee to whom the Bill, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer brewed, or brought into, and sold within the Town of Irvine and Liberties thereof; and for laying a Duty of One Penny Sterling upon every Ton, or Ten Horse Loads, of Coals carried to the Harbour of the said Town, and shipped there for Transportation," was committed.

Justices, &c. of Lanerk, Pet. against the Glasgow Duty on Beer Bill.

Upon reading the Petition of the Justices of the Peace, Commissioners of Supply, and Heretors, within the County of Lanerk, under-subscribing; praying to be heard, by Counsel, against the aforementioned Bill, for continuing the Duty of Two Pennies Scots on every Pint of Ale or Beer sold in the City of Glasgow, and other Purposes:

It is Ordered, That the Petitioners may be heard, by their Counsel, against the said Bill, at the Third reading thereof; as may also Counsel be heard for the Bill, at the same Time.

Upon reading the Petition of the Gentlemen, Justices of the Peace, and Heretors, of the Shire and County of Lanerk, and of the Feuers and Inhabitants of the Village of Gorbells, near Glasgow, in the said County, to the same Purpose as the other Petition:

The like Order was made.

Ordered, That the said Bill be read the Third Time the Second Day after the Recess.

Messages from H C. with a Bill; and to return Gee's Bill.

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

With a Bill, intituled, "An Act for vesting in John Sallom Gentleman, and his Heirs, a Reversion in Fee of Lands and Hereditaments therein mentioned, in the County of Lancaster, forfeited by Gabriel Hesketh, attainted of High Treason;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for vesting the Estate of William Gee Esquire in Trustees, to settle the same, pursuant to an Agreement made previous to his Marriage with Elizabeth his Wife, Daughter of Roger Talbot Esquire;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Freeman's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Freeman Esquire, heretofore called John Cooke, and his Heirs, to take and use the Surname of Freeman, pursuant to the Will of William Freeman Esquire, deceased; and also to empower the said John Freeman and others to make Leases of the Estates devised by the said Will."

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

It was Resolved in the Affirmative.

West St. afford Common, erclosing Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Parish of West Stafford cum Froom Bellet, in the County of Dorset."

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 Message were severally ordered to be sent to the House of Commons, by Mr. Holford and Mr. Edwards:

To carry down the Two last mentioned Bills, and desire their Concurrence to them.

Westminster Bridge, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for building a Bridge cross the River Thames, from The New Palace Yard, in the City of Westminster, to the opposite Shore in the County of Surrey."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments 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, with several Amendments, whereunto their Lordships desire their Concurrence.

Dispositions of Lands, to restrain, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to restrain the Dispositions of Lands, whereby the same become unalienable."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Fortnight; and the Lords to be summoned.

Pet. of the Governors of Queen Anne's Bounty against it:

A Petition of the Governors of the Bounty of Queen Anne, for the Augmentation of the Maintenance of the Poor Clergy, was presented, and read; praying, "In regard they apprehend that the Rights and Powers vested in them by the Act of the Third Year of the Reign of Her late Majesty, empowering Her to settle upon them the Revenue of the First Fruits and Tenths, and by the Rules and Orders made in Pursuance thereof, they may be greatly affected by the last mentioned Bill, that the Petitioners may be heard, by their Counsel."

Proposed, "That the said Petition be ordered to lie on the Table."

And it being likewise proposed, "That the same be referred to the said Committee:"

After Debate;

The Question was put, upon the First Proposition.

And it was Resolved in the Affirmative.

Governors of the Charity for Clergymens Widows, &c. against it;

A Petition of the Governors of the Charity for Relief of the poor Widows and Children of Clergymen, was presented, and read; praying, "In regard they are advised that the said last mentioned Bill will not only affect the future Interest of this Corporation, but also some of the Estates which are at present vested in them by Law; that they may be heard, by their Counsel, against the said Bill."

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

and Society for propagating the Gospel in Foreign Parts, against it.

A Petition of the Incorporated Society for the Propagation of the Gospel in Foreign Parts, was presented, and read; praying, "In regard the Petitioners apprehend, that the Powers conveyed to them by their Charter may be, by the said last mentioned Bill, taken away, or rendered doubtful; that they may be heard, by their Counsel, in relation thereunto."

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

Recovery of Small Debts in London, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the City of London, and Liberties thereof."

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 made some Amendments thereunto; which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Adjourn.

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