House of Lords Journal Volume 25: March 1738, 21-31

March 1738, 21-31

DIE Martis, 21^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Marquis of Lothian against Haswell & al.

The joint and several Answer of John Haswell, present Provost of the Borough of Jedburgh, and others, to the Appeal of William Marquis of Lothian and others, was brought in.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker; the Clerk of the Crown read the Titles of the Bills ready for the Royal Assent, as follow; (videlicet,)

Bills passed.

"1. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

"2. An Act for repairing the Road leading from the Trent Bridge, in the County of the Town of Nottingham (through Costock otherwise Cortlingstock Lane) to the Bridges commonly known by the Name of Cotes Bridges, in the County of Leicester."

"3. 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 which shall be brewed for Sale, brought into, vended, tapped, or sold, within the Town of Aberbrothock, and Liberties thereof."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Le Roy le veult."

"4. An Act for naturalizing Abraham Blydesteyn."

To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Frauds by Tenants, Bill.

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

With a Bill, intituled, "An Act for the more effectual securing the Payment of Rents, and preventing Frauds by Tenants;" to which they desire the Concurrence of this House.

Donnington Pastures, Bill.

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

With a Bill, intituled, "An Act for reducing the Stint of the Horse or Beast Pastures and Sheep Commons, within the Manor, Town, and Parish, of Castle Donnington, in the County of Leicester;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Ordered, That the Bill relating to Tenants be printed.

Petition against Cornwall Assize Bill.

Upon reading the Petition of the High Sheriff, Grand Jury, Justices of the Peace, Gentlemen, and other Freeholders, assembled at the Assizes held at Launceston, in and for the County of Cornwall, the 15th Day of this Instant March; praying, "That the Act of the First Year of the late King George, intituled, "An Act for holding the Assizes for the County of Cornwall at a convenient Place within the said County," may still continue in Force, in the Form it is at present:"

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

Dover and Rye Harbours, Bill.

The Lord President reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing the Term and Powers granted and given by the Acts passed in the Eleventh and Twelfth Year of the Reign of King William the Third, and in the Ninth and Tenth Years of the Reign of His late Majesty King George, for repairing the Harbour of Dover, in the County of Kent; and for restoring the Harbour of Rye, in the County of Sussex, to its ancient Goodness," 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."

Assizes in Cornwall, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to explain and amend an Act passed in the First Year of the Reign of His late Majesty King George, intituled, An Act for holding the Assize for the County of Cornwall at a convenient Place within the said County;" and to hear Counsel, as well for as against the same:

Counsel were accordingly called in; and the Bill was read a Second Time.

And Counsel were heard, upon the Petition of the Mayor, Aldermen, and Freemen, of the Borough of Launceston, in the County of Cornwal, against the said Bill; and a Charter of Philip and Mary, granted to the said Borough, reciting an Inspeximus of a former Charter of Richard the Second, whereby the Justices of Assize were appointed to hold their Session for the said County at the said Borough, and no where else, was produced, and read.

And one Mr. Piccard was called, and examined upon Oath, as to the Fitness of the Town of Launceston for holding the Assizes for the County of Cornwal; and of the Unfitness of the Town of Bodmin, in the said County, for that Purpose.

Also Counsel were heard for the Bill; and produced one Mr. Luke, who was likewise examined upon Oath, as to the Fitness of the Town of Bodmin for holding the said Assizes there; with respect to the Cheapness and Goodness of Provisions, and to the Roads thereabouts; and whether there was any, and what, Gaol or Prison in the said Town.

And the First Counsel against the Bill being heard, by Way of Reply:

They were all directed to withdraw.

And it being moved, "To commit the Bill:"

The same was objected to.

And Debate thereupon;

The Question was put, "Whether the said Bill shall be committed?"

It was Resolved in the Negative.

Ordered, That the Bill be rejected.

Adjourn.

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

DIE Jovis, 23^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Burden against Smith.

The Answer of David Smith, to the Appeal of Jean Burden, Widow of James Kinross, in Lurg, deceased, was brought in:

Murray against Col. Cathcart & al.

As was also, the Answer of Colonel James Cathcart and others, to the Appeal of Mr. Hugh Murray Kynnynmund, of Melqum and Kynnynmund.

All Saints Church at Worcester, to re-build, Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for taking down and re-building the Church of the Parish of All Saints, in the City of Worcester," 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".

May's Bill:

His Lordship also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Trustees to grant Building Leases of certain Messuages, in the Parishes of Saint Martin in the Fields and Saint Clement Danes, in the County of Middlesex, late the Estate of Henry May 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.

Dover and Rye Harbour, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Term and Powers granted and given by the Acts passed in the Eleventh and Twelfth Year of the Reign of King William the Third, and in the Ninth and Tenth Years of the Reign of His late Majesty King George, for repairing the Harbour of Dover, in the County of Kent; and for restoring the Harbour of Rye, in the County of Sussex, to its ancient Goodness."

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. Thomas Bennet:

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

Rigal, Nat. Bill.

The Lord Bishop of St. Asaph reported from the Committee to whom the Bill, intituled, "An Act for naturalizing Philip Rigail," was committed: "That they had examined the Allegations of the Bill, 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."

Brunink & al. Nat. Bill.

His Lordship also reported from the Committee to whom the Bill, intituled, "An Act for naturalizing John Justin Bruningk, Peter Untzellman, and Henry Klencke," was committed: "That they had examined the Allegations of the Bill, which they found to be true; and had considered the Petitions of several Persons to be added thereunto, referred to the Committee; and that the Committee had gone through the Bill, with several Amendments."

And the same, being read Twice by the Clerk, were agreed to by the House.

Berrington Lessee of Dormer against Packhurst & al. in Error.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up a Writ of Error;

Wherein Samuel Berington, Lessee of John Dormer Esquire, is Plaintiff:

And John Parkhurst, Catherine Dormer, and others, are Defendants.

Jervoise & al. for exchanging Lands in Wilts, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for exchanging Part of the Glebe Lands and Hereditaments belonging to the Rector of Stratford Toney, in the County of Wilts, for other Lands belonging to the Lord of the Manor."

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.

Binbroke Common enclosing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Manor and Parish of Binbrooke, 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 on Friday the 7th Day of April next, at the usual Time and Place; and to adjourn as they please.

Glover & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Elizabeth Glover Widow, and others; praying Leave to bring in a Private Bill:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming the Sale of the Leasehold Estate late of Barnaby Cole Gentleman, deceased; and for vesting his Freehold Estate in Trustees, to be sold, for Payment of his Debts."

Marquis of Lothian & al. against Haswell & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Marquis of Lothian and others are Appellants, and John Haswell and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, the First Cause-day after the approaching Recess.

Murray against Cathcart & al.

The like Motion and Order, for hearing the Cause wherein Hugh Murray, Kynnynmound, Advocate and others are Appellants, and Colonel James Cathcart and Mrs. Elizabeth Rochead Respondents, the Second Day after the Recess.

Donnington Pasture, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for reducing the Stint of Beast Pastures and Sheep Commons, within the Manor, Town, and Parish, of Castle Donnington, in the County of Leicester."

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

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

May, Leave for a Bill to take the Name of Knight.

Upon reading the Petition of Thomas May, now Thomas Knight, Esquire; praying Leave to exhibit a Petition, for Leave to bring in a Bill, for enabling the Petitioner and his Issue Male to take and use the Surname of Knight, according to the Direction of the Will of Elizabeth Knight, lately deceased, notwithstanding the Time limited by this House for receiving Petitions for Private Bills is now expired; the Petitioner being prevented from applying in Time:

It is Ordered, That the Petitioner have Leave to exhibit a Petition, as desired, for the Purposes aforesaid, notwithstanding the Time limited for receiving Petitions is now expired.

Adjourn.

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

Hitherto examined by us,

Bridgewater.
Northampton.
Abingdon.
Macclesfield.
Falmouth.
R. Lincoln.
N. St. Davids.
Isa. Asaph.

DIE Lunæ, 27^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir H. Dalrymple against Sir A. Hamilton.

The Answer of Sir Alexander Hamilton Baronet, to the Appeal of Sir Hew Dalrymple Baronet, was brought in.

Cole's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming the Sale of the Leasehold Estate late of Barnaby Cole Gentleman, deceased; aud for vesting his Freehold Estates in Trustees, to be sold, for Payment of his Debts."

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 11th Day of April next, at the usual Time and Place; and to adjourn as they please.

E. Burlington's Bill.

The Lord President reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting certain Lands and Hereditaments, in the Kingdom of Ireland, Part of the settled Estate of Richard Earl of Burlington and Cork, in Trustees, to be sold, for Payment of Debts; and for settling other Lands and Hereditaments, of greater Value, to the same Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Symes, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Amy Symes and Catherine Symes, Infants, by their Guardian; praying Leave to bring in a Private Bill:

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 Guardian of Amy Symes and Catherine Symes, Infants, to join in making Leases of Lands, in the Counties of Somerset and Devon, with the Owners thereof, during the Minority of the said Infants."

Buchan, Time to answer Sir Hew Dalrymple's Appeal.

A Petition of Robert Garden Gentleman, Agent for Mary Buchan Spinster, One of the Respondents to the Appeal of Sir Hew Dalrymple Baronet, was presented, and read; setting forth, "That she is advised, that the Matter in Question between the Parties cannot be determined by this House, as to the Petitioner, but upon a Cross Appeal;" and praying, "That she may have a Fortnight's further Time to put in a Special Answer."

And thereupon the Petitioner being called in; and examined, at the Bar, as to the Allegations of the said Petition:

And withdrawn:

Ordered, That the said Mary Buchan do peremptorily put in her Answer to the said Appeal in a Fortnight.

E. Breadalbane against Menzies & al.

Counsel (according to Order) were called in, to be heard, in the Cause upon an Appeal of John Earl of Breadalbane, and His Majesty's Advocate for Scotland, for and on Behalf of His Majesty; to which James Menzies of Culdairs Esquire and Angus M^cDonald of Kenknock are Respondents.

And the First Counsel for the Appellant the said Earl having been fully heard; and several Proceedings in the Court of Session and Depositions in the Cause read:

The Counsel on all Sides were directed to withdraw.

Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and to be proceeded in exactly at Twelve a Clock.

Adjourn.

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

DIE Martis, 28^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dillon against Bagenall.

The Answer of Walter Bagenall Esquire, to the Appeal of Edmund Dillon Gentleman, was brought in.

E. of Hyndford's Election, Certificate of.

This Day the Deputy Clerk of the Crown in Chancery delivered a Certificate of the Name of the Peer of Scotland, who, by virtue of His Majesty's Proclamation, is chosen to sit and vote in this House, in the room of the Earl of Morton, deceased; which is as follows:

"May it please your Lordships,

"I do hereby certify, that, by virtue of His Majesty's Proclamation of the Twentieth of January 1737, a Certificate under the Hands and Seals of Mr. John Murray and Mr. Thomas Gibson, Clerks of Session attending the Election after mentioned, in virtue of the Lord Register's Commission to them granted, has been delivered into the Crown-office in Chancery; whereby it appears, that John Earl of Hyndford was unanimously elected and chosen to sit and vote in the House of Peers, in this present Parliament, in the room of George Earl of Morton, deceased. Given under my Hand, this 28th Day of March 1738.

"Stephen Bisse,
Clerk of the Crown."

E. Burlington's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Hereditaments, in the Kingdom of Ireland, Part of the settled Estate of Richard Earl of Burlington and Corke, in Trustees, to be sold, for Payment of Debts; and for settling other Lands and Hereditaments, of greater Value, to the same Uses."

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

It was Resolved in the Affirmative.

May's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Trustees to grant Building Leases of certain Messuages, in the Parishes of St. Martin in the Fields and St. Clement Danes, in the County of Middlesex, late the Estate of Henry May Esquire, deceased."

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

It was Resolved in the Affirmative.

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

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

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

Symes's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Guardian of Amy Symes and Catherine Symes, Infants, to join in making Leases of Lands, in the Counties of Somerset and Devon, with the Owners thereof, during the Minority of the said Infants."

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

Their Lordships, or any Five of them; to meet on Wednesday the 12th Day of April next, at the usual Time and Place; and to adjourn as they please.

Visc. Molyneux, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Richard Lord Viscount Molineux and others; praying Leave to bring in a Private Bill:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for explaining and amending a certain Trust and Power contained in the Settlement made on the Marriage of Richard Lord Viscount Molyneux, in the Kingdom of Ireland, with Mary Lady Molyneux his now Wife, for raising Portions for the Daughters of the said Marriage; and for the better ascertaining and more effectual securing the said Portions."

All Saints Church, at Worcester, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for taking down and re-building the Church of the Parish of All Saints, in the City of Worcester."

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

It was Resolved in the Affirmative.

Rigail, Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Philip Rigail."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Two preceding Bills.

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

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

Bruningk & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Justin Bruningk, Peter Untzellman, and Henry Klencke."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendment to it.

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

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto their Lordships desire their Concurrence.

Bagenall against Dillon; et è contra.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Walter Bagenall Esquire is Appellant, and Edmond Dillon Respondent, et è contra:"

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.

Burden against Smith.

The like Motion and Order, for hearing the Cause wherein Jean Burden Widow is Appellant, and David Smith Respondent, on the next vacant Day for Causes.

Ryland against Green & al.

The like Motion and Order, for hearing the Cause wherein Richard Ryland is Appellant, and James Roch Green and others are Respondents, on the next vacant Day for Causes.

E. Breadalbane against Menzies & al.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein John Earl of Breadalbane and His Majesty's Advocate for Scotland are Appellants, and James Menzies and Angus M^c Donald Respondents.

And several more Depositions in the Cause were read.

And the Second Counsel for the Appellant the said Earl was heard, to observe thereupon.

As was His Majesty's Advocate for Scotland heard, on Behalf of the Crown.

And the First Counsel for the Respondents having been also fully heard:

The Counsel on all Sides were directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till To-morrow; and that Counsel be called in precisely at Twelve a Clock; and that the Cause appointed for that Day be put off to Monday Sevennight; and the other Causes already appointed to come on to be heard on the next Cause-days in Course.

Sir Brian Broughton's Bill.

The Earl of Harborough reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Sir Brian Broughton Baronet, an Infant, to enter into Marriage Articles, concerning his intended Wife's Portion, notwithstanding his Infancy," 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.

Adjourn.

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

DIE Mercurli, 29^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Hyndford takes the Oaths, &c.

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

Sir Brian Broughton's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Sir Brian Broughton Baronet, an Infant, to enter into Marriage Articles, concerning his intended Wife's Portion, notwithstanding his Infancy."

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. Thomas Bennet:

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

Visc. Molyneux's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for explaining and amending a certain Trust and Power contained in the Settlement made on the Marriage of Richard Lord Viscount Molyneux of the Kingdom of Ireland with Mary Lady Molyneux his now Wife, for raising Portions for the Daughters of the said Marriage; and for the better ascertaining and more effectual securing the said Portions."

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 Thursday the 13th Day of April next, at the usual Time and Place; and to adjourn as they please.

Kent, &c. against Whitby, in Error.

The House being informed, "That Thomas Dalton attended, in order to deliver in a Writ of Error from Ireland:"

He was called in; and acquainted the House, "That he had brought the Transcript of a Record of the Court of King's Bench in that Kingdom, upon a Writ of Error returnable before this House; wherein,

"John Kent and James May are Plaintiffs,

"And Robert Whitby and Catherine his Wife Defendants."

And having attested upon Oath, at the Bar, "That the said Transcript was a true Copy, he having examined it with the said Record:"

He delivered it to the Clerk; and was directed to withdraw.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act to enlarge the Term and Powers granted by an Act of Parliament, made and passed in the Third Year of the Reign of His late Majesty King George, intituled, An Act to enable the Parishioners of the Parish of St. Mary, Rotherith, in the County of Surrey, by certain Funeral Rates therein mentioned, to finish the said Parish Church; and to enable the said Parishioners to raise such further Sums of Money as shall be necessary for purchasing a convenient Piece of Ground, for an additional Burial Ground; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act to enable William Massingberd Esquire, heretofore called William Meux, and the Heirs Male of his Body, to take and use the Surname of Massingberd, pursuant to a Settlement made by Sir William Massingberd Baronet, deceased;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for continuing of an Act made in the Sixth Year of the Reign of His present Majesty, intituled, An Act for the better Regulation of Lastage and Ballastage in the River Thames;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for Relief of such Prisoners for Debt as have, by unavoidable Accidents, lost the Benefit of an Act passed in the last Session of Parliament, intituled, An Act for Relief of Insolvent Debtors; and for the Indemnity of such Sheriffs and Gaolers as have incurred any Penalties on account of such Prisoners not being discharged; and for extending the Benefit of the said Act to Creditors, whose Debtors were committed to Prison since the First Day of January One Thousand Seven Hundred and Thirty, and were detained there upon the First Day of January One Thousand Seven Hundred and Thirty-six, and have chose to continue there;" to which they desire the Concurrence of this House.

Frauds by Tenants, to prevent, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more effectual securing the Payment of Rents; and preventing Frauds by Tenants."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday Sevennight; and the Judges to attend.

D. Devon's Bill.

The Earl of Cholmondeley reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Manor of Golborn, Part of the settled Estate of William Duke of Devonshire, in the County of Lancaster, in the said Duke and his Heirs; and for settling the Manor of Blackwall, in the County of Derby, in Lieu thereof, to the like Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Ross to enter into Recognizance for E. Hoptoun;

The House being moved, "That Alexander Ross Gentleman may be permitted to enter into a Recognizance for the Earl and Countess of Hoptoun, on account of their Appeal depending in this House; they being in Scotland:"

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

and also for Scot & al.

The like Motion and Order, for the same Mr. Ross to enter into a Recognizance for Andrew Scot and others; for the same Reason.

E. Breadalbane against Menzies.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein John Earl of Breadalbane and His Majesty's Advocate for Scotland are Appellants, and James Menzies and Angus M^c Donald Respondents.

And certain Acts of Parliament made in Scotland, some Proceedings before the Court of Session there, and Depositions in the Cause, having been read; and the Second Counsel for the Respondents heard, to observe thereupon:

The Counsel on all Sides were directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till To-morrow.

Adjourn.

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

DIE Jovis, 30^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lady Lawley against Lawley.

The joint and several Answer of Judith Butler otherwise Lawley, commonly called Lady Coningsby, and George Bateman Lawley Esquire, to the Appeal of Elizabeth Halpenn, commonly called Lady Lawley, Wife of Mark Halpenn, was brought in.

Messages from H. C. with Bills; and to return the D. of Bedford's Bill.

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

To return the Bill, intituled, "An Act for vesting divers Lands and Hereditaments, in the Counties of Kent, Suffolk, Essex, Hereford, and Monmouth, and the City of London, entailed by the Will of Elizabeth late Dutchess of Bedford, in John Duke of Bedford, in Fee Simple; and for settling other Estates, in the Counties of Bucks and Hertford, of greater Value, to the like Uses, in Lieu thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Lemsford Mill Road, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted and given by an Act passed in the Twelfth Year of the Reign of His late Majesty King George, for repairing the Road from Lemsford Mill, in the County of Hertford, to Welwyn, and from thence to Cory's Mill, and from Welwyn (through Codicot) to Hitchin, in the said County; and also for repairing the Roads from Cory's Mill to Hitchin aforesaid;" to which they desire the Concurrence of this House.

Deeds, &c. of Papists, Enrolment of, Bill.

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

With a Bill, intituled, "An Act 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.

Brentford Road, Bill.

A Message was brought from the House of Commons, by Sir Francis Child and others:

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, One of the Third, and the other of the Tenth, Year of the Reign of His late Majesty King George the First, for repairing the Highways from that Part of Counter's Bridge which lies in the Parish of Kensington, in the County of Middlesex (leading through the Towns of Brentford and Hounslow), to The Powder Mills, in the Road to Staines, and to Cranford Bridge, in the said County, in the Road to Colnebrooke;" to which they desire the Concurrence of this House.

The Three last mentioned Bills were all read the First Time.

Berrington against Parkhurst & al. in Error.

Upon reading the Petition of Samuel Berrington Gentleman, on the Demise of John Dormer Esquire, Plaintiff in a Writ of Error depending in this House, wherein John Parkhurst Esquire and others are Defendants; praying, "In regard the Petitioner did, on the 27th Instant, assign Errors in this Case, that the Defendants in Error may forthwith rejoin thereunto:"

It is Ordered, That the said Defendants in Error do rejoin to the said Errors, as desired, in a Fortnight.

Brabazon against L. Dudley & Ward.

Ordered, That the Hearing of the Cause wherein Edward Brabazon Esquire is Appellant and William Lord Dudley and Ward Respondent, which stands for Wednesday next, be adjourned to the First vacant Day for Causes after those already appointed.

Aylmer against Alcock.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Mary Aylmer Widow is Appellant, and William Alcock Respondent:"

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

Kent & al. against Whitby & al.

Notice was taken to the House, "That the Writ of Error brought Yesterday from Ireland, wherein John Kent and James May are Plaintiffs, and Robert Whitby and Catherine his Wife Defendants, was returnable before their Lordships, from the Court of King's Bench in that Kingdom, directly hither."

And the Agents for the Parties on both Sides being called in, and heard at the Bar in relation to this Matter, and withdrawn:

Writ of Error quashed.

It is Declared, That the said Writ of Error is null and void: And it is hereby Ordered, That the same be therefore quashed; and that the Plaintiffs in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Ten Pounds, for their Costs on this Occasion.

E. Breadalbane against Menzies & al.:

Counsel (according to Order) were called in, to be further heard, in the Cause wherein John Earl of Breadalbane and His Majesty's Advocate for Scotland are Appellants, and James Menzies and Angus M^c Donald Respondents.

And the First Counsel for the Appellant the said Earl, and His Majesty's Advocate for Scotland on Behalf of the Crown, having been both heard, by Way of Reply:

The Counsel on all Sides were directed to withdraw.

And the following Order and Judgement was agreed to; (videlicet,)

Judgement.

"After hearing Counsel, as well on Monday, Tuesday, and Wednesday last, as this Day, upon the Petition and Appeal of John Earl of Breadalbane, and His Majesty's Advocate for Scotland for and in Behalf of His Majesty; complaining of Two Interlocutors of the Lords of Session in Scotland, made the 11th Day of February 1736/7, and 8th Day of July following, on the Behalf of James Menzies of Culdairs Esquire and Angus Macdonald of Kenknock; and praying, "That the same may be reversed; and that the Appellants may have such Relief as to their Lordships, in their great Wisdom, shall seem meet:" As also upon the Answer of James Menzies and Angus Macdonald put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutors complained of in the said Appeal be, and the same are hereby, reversed: And it is hereby Adjudged and Declared, That the Marches and Boundaries of the Forest of Mamlorn, in Question, are as the same are set forth in the Appellants Action of Declarator, except as is herein after excepted; that is to say, at the South-East, beginning at the Water of Lochay where Altour enters in it, and directly up over the Hill where Altour runs plat North while it come to Lochannaclaklarich, and fra thatfurth plat North-East till the Laich of Corriebane, and fra Corriebane plat North-East to the Burn of Corriechall, and down the Burn of Corriechall while it enter in the Water of Lyon, and up the Water of Lyon to the West End of Loch-lyon; and therefrae plat West as the Loubis of Loch-lyon gangs, and Longeane to Tamchearne, where the Burn of LarigMacphadzie enters in the Burn of Longeane, and up that Burn of Larig-Macphadzie plat South till the Height of Larig-Macphadzie, and from the Height of The Larig plat South while it come into Altchallum, and fra Altchallum into Loquhay, and down Loquhay while the Burn of Altour enters therein, except so far as the Water of Lyon is proved by the Depositions in this Cause to have changed its ancient Course near Loubis; and at that Place, according to such ancient Course of the Water of Lyon; reserving to the Respondents, or either of them, Liberty to insist in this Cause, before the said Lords of Session, on any Right of Servitude that may be competent to them, or either of them, in any Part of the Lands lying within the said Marches and Boundaries of the said Forest, as they, or either of them, shall be advised; and that the said Lords of Session do give all necessary Directions for carrying this Order and Judgement into Execution."

Ballastage regulating, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for continuing of an Act, made in the Sixth Year of the Reign of His present Majesty, intituled, An Act for the better Regulation of Lastage and Ballastage in the River Thames."

Prisoners for Debt, Relief, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Relief of such Prisoners for Debt as have, by unavoidable Accidents, lost the Benefit of an Act passed in the last Session of Parliament, intituled, "An Act for Relief of Insolvent Debtors;" and for the Indemnity of such Sheriffs and Gaolers as have incurred any Penalties on account of such Prisoners not being discharged; and for extending the Benefit of the said Act to Creditors, whose Debtors were committed to Prison since the First Day of January One Thousand Seven Hundred and Thirty, and were detained there upon the First Day of January One Thousand Seven Hundred and Thirty-six, and have chose to continue there."

Rotherith Church rebuilding, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers granted by an Act of Parliament made and passed in the Third Year of the Reign of His late Majesty King George, intituled, An Act to enable the Parishioners of the Parish of St. Mary, Rotherith, in the County of Surrey, by certain Funeral Rates therein mentioned, to finish the said Parish Church; and to enable the said Parishioners to raise such further Sums of Money as shall be necessary for purchasing a convenient Piece of Ground for an additional Burial Ground; and for other Purposes therein mentioned."

Massingberd to take the Name of Meux, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable William Massingberd Esquire, heretofore called William Meux, and the Heirs Male of his Body, to take and use the Surname of Massingberd, pursuant to a Settlement made by Sir William Massingberd Baronet, deceased."

Donington Pasture, Bill.

The Earl of Cholmondeley reported from the Committee to whom the Bill, intituled, "An Act for reducing the Stint of Beast Pastures and Sheep Commons, within the Manor, Town, and Parish, of Castle Donnington, in the County of Leicester," 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."

Binbrooke Common enclosing, Bill.

Ordered, That the Committee on the Bill, intituled, An Act for enclosing and dividing the Common Fields and Common Grounds in the Manor and Parish of Binbrooke, in the County of Lincolne," which is to meet To-morrow Sevennight, do meet on the Tuesday following.

Adjourn.

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