House of Lords Journal Volume 25: January 1741, 11-20

January 1741, 11-20

DIE Lunæ, 12^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

M^cKenzie against Urquhart.

The Answer of William Urquhart of Meldrum Esquire and others, to the Appeal of Kenneth M^cKenzie, was brought in.

Bishop of Landaff takes the Oaths.

John Lord Bishop of Landaff, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

His Majesty to be congratulated on the Birth of a Princess:

Ordered, That the Lords with White Staves do, from this House; wait on His Majesty, to congratulate His Majesty on the joyful Occasion of her Royal Highness the Princess of Wales's happy Delivery of a Princess.

Prince and Princess also.

Ordered, That a Message be sent from this House, to congratulate their Royal Highnesses the Prince and Princess of Wales, on the same joyful Occasion; and that the Earl of Rochford and Lord Viscount Torrington do carry the said Message.

Malt Bill.

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

With a Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Forty-one;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Eve Superiori Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Eve Superiori alias Smith."

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. Burroughs and Mr. Edwards:

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

Address for the Issue of the Prince of Wales to be prayed for.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that the Issue of their Royal Highnesses the Prince and Princess of Wales be inserted in the Prayers for the Royal Family, in the Book of Common Prayer."

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

Leake & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Nicholas Leeke Esquire 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 vesting the Seat and Estates of Nicholas late Earl of Scarsdale, deceased, in the several Counties of Derby and Nottingham, comprized in his Settlement and Will, and the Furniture there at his Death, in Trustees, to be sold, for speedier Payment of his Debts; and preserving the Surplus to go according to his said Settlement and Will."

Parkhurst against Smith.

The House being moved, "That a Day may be appointed, for hearing Counsel, to argue the Errors assigned upon a Writ of Error depending in this House, wherein John Parkhurst Esquire and others are Plaintiffs, and Joseph Smith, upon several Demises of John Dormer Esquire, is Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Monday the 9th Day of February next.

Admirals Vernon's and Haddock's Papers, from the Admiralty-office, delivered.

The House being informed, "That Mr. Haws, from the Admiralty-office, attended:"

He was called in; and delivered, at the Bar, pursuant to an Address of this House to His Majesty, of the 8th of December last,

"Copies of several Instructions and Orders from the Commissioners of the Admiralty; with Schedules of the said Copies."

And then he was directed to withdraw.

And the said Schedules were read, and are as follow:

"Schedule 1.

"N^o 1. Extract of a Letter from Vice Admiral Vernon, to Mr. Burchett, dated 23d July, 1739."

"2. Extract of a Letter from Vice Admiral Vernon, to Mr. Burchett, dated 27th August, 1739."

"3. Extract of a Letter from Vice Admiral Vernon, to Mr. Burchett, dated 1st October, 1739."

"4. Extracts of a Letter from Vice Admiral Vernon, to Mr. Burchett, dated 31st October, 1739."

"5. Extract of a Letter from Vice Admiral Vernon, to Mr. Burchett, dated at Jamaica, 2d February, 1739."

"6. Extract of a Letter from Vice Admiral Vernon, to Mr. Burchett, dated from the 26th to the 31st May, 1740."

"7. Extract of a Letter from Mr. Burchett, to Vice Admiral Vernon, dated 10th March, 1739."

"8. Copy of a Letter from Mr. Burchett, to Vice Admiral Vernon, dated 27th March, 1740."

"9. Copy of a Letter from Mr. Burchett, to Vice Admiral Vernon, dated 12th May, 1740."

"10. Copy of a Letter from Mr. Burchett, to Vice Admiral Vernon, dated 20th June, 1740."

"Schedule 2.

"N^o 1. Extract of Instructions from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 13th May, 1738."

"2. Extract of an Order from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 11th July, 1738."

"3. Extract of an Order from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 18th July, 1738."

"4. Copy of an Order from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 25th October, 1738."

"5. Copy of an Order from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 25th January, 1738."

"6. Extract of an Order from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 29th January, 1738."

"7. Copy of an Order from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 10th March, 1738."

"8. Copy of an Order from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 9th April, 1739."

"9. Copy of an Order from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 6th June, 1739."

"10. Copy of an Order from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 21st June, 1739."

"11. Copy of an Order from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 8th November, 1739."

"12. Copy of an Order from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 14th March, 1739."

"13. Copy of an Order from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 24th March, 1739."

"14. Copy of an Order from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 29th March, 1740."

"15. Copy of an Order from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 2d June, 1740."

"16. Copy of an Order from the Commissioners of the Admiralty, to Rear Admiral Haddock, dated 5th June, 1740."

Ordered, That the said Papers do lie upon the Table.

Scawen & al. Petition referred to Judges.

Upon reading the Petition of Thomas Scawen, Robert Scawen, and William Scawen, Esquires, and of Mary Scawen Widow (as Guardian, and on the Behalf, of Thomas and Abraham Scawen, the Two Infant Sons of Louis Scawen Esquire, deceased), Sir William Hammond Knight, and Elizabeth Stafford Widow; praying Leave to bring in a Bill, for vesting the Rectorial Tithes of Rygate, in the County of Surry, proposed to be sold to the Petitioner Robert Scawen, in him and his Heirs, in Satisfaction and Discharge of a Legacy of £.7000, given by Sir William Scawen Knight; deceased, to the said Robert; and for settling a Messuage in St. James's Square in Lieu thereof, and as an Equivalent for the same, to the Uses limited of the said Tithes, by the Will of the said Sir William Scawen:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Fortescue and Mr. Justice Parker; with the usual Directions, according to the Standing Order.

Viscount Garnock, Petition referred to Judges.

Upon reading the Petition of George Viscount of Garnock, an Infant, by his Guardian the Honourable Patrick Boyle Esquire; praying Leave to bring in a Bill, to enable the Petitioner and his Guardian, with proper Consent, to sell several Lands in Scotland, for Payment of Debts:

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

Huddleston & al. Petition referred to Judges.

Upon reading the Petition of William Huddleston Esquire, only Son and Heir of Ferdinando Huddleston Esquire, late of Millom Castle, in the County of Cumberland, deceased, Richard Goodall Clerk, Hester Goodall his Wife, Anne Elizabeth Wilson Widow, Sarah Huddleston Spinster, and Henry Probyn and Isabel his Wife; which said Hester Goodall, Ann Elizabeth Wilson, Sarah Huddleston, and Isabel Probyn, are the Four Daughters of the said Ferdinando Huddleston; praying Leave to bring in a Bill, to vest a proper Part of certain settled Estates, in the Petition mentioned, in Trustees, to be sold, for discharging Debts and Encumbrances:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Reynolds and Mr. Baron Abney; with the usual Directions, according to the Standing Order.

Creswell, Leave for a Bill.

Upon reading the Petition of Thomas Estcourt Cresswel Esquire, Lord of the Manor of Sherston Magna, in the County of Wilts, and others, Freeholders and Copyholders of the several Common Fields in the said Parish; praying Leave to bring in a Bill, for dividing and enclosing the said Common Fields:

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

Address for Establishment of Guards, &c.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, the Establishment of Guards, Garrisons, and Land Forces, for the Year 1741; the Establishment of the Marines, for the Year 1741; the Estimate of the Charge of the Guards, Garrisons, and other His Majesty's Land Forces, in Great Britain, including the Land Forces and Marines in Lord Cathcart's Expedition, for the Year 1741; Estimate of the Charge of Seven Regiments of Foot, amounting to 5705 Men, proposed to be raised for the Service of the Year 1741; Estimate of the Charge of Four Regiments of Marines, amounting to 4620 Men, proposed to be raised for the Service of the Year 1741; and the Estimate of the Charge of His Majesty's Forces, in the Plantations, Minorca, and Gibraltar, for the Year 1741."

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

Letters to and from Admiral Vernon delivered.

The Duke of Newcastle presented to the House, pursuant to their Lordships Addresses to His Majesty, of the 1st and 8th of December last,

"Copies and Extracts of several Letters; with Lists thereof."

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

"List 1.

"Extract of a Letter from the Duke of Newcastle, to Vice Admiral Vernon, August 13th, 1739."

"Extract of a Letter from Vice Admiral Vernon, to the Duke of Newcastle; Burford, at Sea, August 15th, 1739; received September 10th."

"Extract of a Letter from the Duke of Newcastle, to Vice Admiral Vernon, September 28th, 1739."

"Extract of a Letter from Vice Admiral Vernon, to the Duke of Newcastle; Jamaica, January 18th, 31st, and February 2d, 1739/40; received March 25th."

"Extract of a Letter from the Duke of Newcastle, to Vice Admiral Vernon, March 26th, 1740."

"Extract of a Letter from the Duke of Newcastle, to Vice Admiral Vernon, April 18th, 1740."

"Extract of a Letter from Vice Admiral Vernon, to the Duke of Newcastle; Strafford, at Sea, February 25th, 1739/40; received May 24th."

"Extract of a Letter from Mr. Stone, to Vice Admiral Vernon, May 30th, 1740."

"Extract of a Letter from the Duke of Newcastle, to Vice Admiral Vernon, July 4th, 1740."

"Extract of a Letter from Vice Admiral Vernon, to the Duke of Newcastle; Burford, in Port Royal Harbour, May 9th, 1740; received July 19th."

"Extract of a Letter from the Duke of Newcastle, to Vice Admiral Vernon, July 23d, 1740;" enclosing,

"A List of Vice Admiral Vernon's Squadron, when joined by the Ships that convoy the Expedition."

"Extract of a Letter from Vice Admiral Vernon, to the Duke of Newcastle; Burford, in Port Royal Harbour, May 26th and 31st, 1740; received August 5th."

"Extract of a Letter from the Duke of Newcastle, to Vice Admiral Vernon, September 12th, 1740."

"Extract of a Letter from Vice Admiral Vernon, to the Duke of Newcastle; Port Royal, July 19th, 1740; received October 7th."

"Extract of a Letter from Mr. Stone, to Vice Admiral Vernon, October 7th, 1740."

"Copy of a Letter from Mr. Stone, to Vice Admiral Vernon, October 11th, 1740;" enclosing,

"An Account of Naval Stores sent to Jamaica, since Admiral Vernon sailed; and of those now going thither, October 10th, 1740."

"Extract of a Letter from Vice Admiral Vernon, to the Duke of Newcastle; Jamaica, August 30th, 1740; received November 15th."

"List 2.

"Copy of a Letter from the Duke of Newcastle, to Rear Admiral Haddock, June 20th, 1739."

"Extract of a Letter from the Duke of Newcastle, to Rear Admiral Haddock, August 8th, 1739."

"Extract of a Letter from the Duke of Newcastle, to Rear Admiral Haddock, September 5th, 1739."

"Extract of a Letter from the Duke of Newcastle, to Rear Admiral Haddock, November 7th, 1739."

"Extract of a Letter from the Duke of Newcastle, to Rear Admiral Haddock, February 14th, 1739/40;" enclosing,

"Intelligence, N^o 1.

"Intelligence, N^o 2."

"Extract of a Letter from the Duke of Newcastle, to Sir Chaloner Ogle, March 25th, 1740."

"Extract of a Letter from the Duke of Newcastle, to Rear Admiral Haddock, April 4th, 1740."

"Extract of a Letter from the Duke of Newcastle, to Rear Admiral Haddock, April 18th, 1740."

"Copy of a Letter from the Duke of Newcastle, to Sir Chaloner Ogle, May 24th, 1740."

"Copy of a Letter from Mr. Stone, to Sir Chaloner Ogle, May 27th, 1740."

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

Logan against Logan.

Upon reading the Petition and Appeal of Mary Logan and James McHarg her Husband; complaining of an Interlocutor, of the Lords of Session in Scotland, of the 28th of June 1739; and also of another Interlocutor, of the 29th of November 1740, and of their Adherence thereto, of the 11th of December last; and praying, "That the said Interlocutors may be reversed; and that the Appellant may have such Relief as to the House in their great Wisdom and Justice shall seem reasonable:"

It is Ordered, That John Logan may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the 9th Day of February next; and that Service of this Order upon the said Respondent, or his Lawyers and Agents before the Court of Session be deemed good Service.

Sir William Barker against Jevers.

After hearing Counsel, in Part, upon the Petition and Appeal of Sir William Barker Baronet, to which Thomas Jevers Esquire is Respondent:

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

Adjourn.

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

DIE Martis, 13^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Pitcairn against Crichton.

The Answer of Patrick Crichton Sadler in Edinburgh, to the Petition and Appeal of Alexander Pitcairn of Woodhouslie Gentleman, and His Majesty's Advocate for Scotland, was brought in.

Malt Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Fortyone."

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

Denham against Baillie.

Upon reading the Petition and Appeal of Mr. Archibald Denham, alias Stewart, Advocate; complaining of several Interlocutors of the Lords of Session in Scotland, of the 15th of December 1737, the 12th of July 1738, the 16th of January 1739/40, and 23d of December last, made on Behalf of Alexander Baillie; and praying, "That the same may be reversed; and that the Appellant may have such Relief as to the House in their great Wisdom shall seem meet:"

It is Ordered, That the said Alexander Baillie 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 10th Day of February next; and that Service of this Order on his Procurators, Agents, or Solicitors in the Cause, in the Court of Session, be deemed good Service.

Tutt, Leave for a Bill.

Upon reading the Petition of John Tutt Gentleman, heretofore called John Rice; praying Leave to bring in a Bill, to enable the Petitioner, and the Heirs of his Body, to take upon him and them the Surname of Tutt, pursuant to the Will of John Tutt, late of Hailsham, in the County of Sussex, deceased:

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

Tetbury Church, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the principal Inhabitants and Bailiff of the Town of Tetbury, in the County of Glocester, 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 2^a vice lecta est Billa, intituled, "An Act for Sale of the Advowson of the Church of Tetbury, in the County of Glocester; and for applying the Money arising by such Sale for re-building the said Church."

Western & Ux. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Western, of Great Abington, in the County of Cambridge, Esquire, and Catherine his Wife; 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 vesting the settled Estate of Thomas Western Esquire, in the County of Bucks, in him and his Heirs; and for settling another Estate, in Cambridgeshire, of greater Value, to the Uses of his Marriage Settlement."

Barnerd's Nat. Bill.

Upon reading the Petition of Ernest Barnerd; praying Leave to bring in a Bill, for his Naturalization:

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

Accordingly, the Earl of Warwick presented a Bill, intituled, "An Act for naturalizing Ernest Barnerd."

And the same was read the First Time.

Leake & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Seat and Estates of Nicholas late Earl of Scarsdale, deceased, in the several Counties of Derby and Nottingham, comprized in his Settlement and Will, and the Furniture there at his Death, in Trustees, to be sold, for speedier Payment of his Debts; and preserving the Surplus to go according to the said Settlement and Will."

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 Wednesday the 28th Instant; and to adjourn as they please.

Sir W. Barker against Jevers:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Sir William Barker Baronet; complaining of Two Orders of the Court of Chancery in Ireland, of the 27th of February and 15th of March 1738, made in a Cause wherein Thomas Jevers Esquire was Plaintiff, and the Appellant Defendant; and praying, "That the same might be reversed and set aside, and the Respondent be ordered to stay his Proceedings on his Bill, until he executes proper Conveyances of the Limerick Estate, in the Appeal mentioned, unto the Appellant, and also pay him the Costs decreed against the Respondent; or that the House would be pleased to make such other Order, for the Appellant's Relief, as to their Lordships should seem meet:" As also upon the Answer of the said Thomas Jevers put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Orders therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay the Sum of One Hundred Pounds, of lawful Money of Great Britain, for Costs in respect of the said Appeal; but that, instead of the same being Personally paid by the Appellant to the Respondent, the said Court of Chancery do give proper Directions, that the said Sum of One Hundred Pounds be allowed and deducted out of the Costs, which were ordered, by the Judgement of this House of the 18th of December 1724, to be paid by the Respondent to the Appellant, and are still remaining due under the same.

Pitcairn against Crichton.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Alexander Pitcairn is Appellant, and Patrick Crichton Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 2d Day of February next.

Adjourn.

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

15^o Martii, 1741, Hitherto examined by us,

Portland.
Abingdon.
Findlater & Seafield.
Hunsdon.

DIE Mercurii, 14^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

M^cKattie against Frigg and Fraser.

The Answer of John Frigg Merchant in Findhorn, and James Fraser Merchant in Inverness in Company, to the Appeal of Peter M^cKattie Factor or Agent in London, was brought in.

Ernest Barnerd took the Oaths appointed, in order to his Naturalization.

Barnerd's Nat. Bill.

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

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.

Pemberton & al. Petition referred to Judges.

Upon reading the Petition of Francis Pemberton Senior Esquire and Elizabeth Pemberton his Wife, for themselves, and on the Behalf of Christopher Pemberton and Andrew Pemberton their Younger Sons, who are Infants, and of Francis Pemberton Junior Esquire, Eldest Son and Heir Apparent of the said Francis Pemberton Senior by the said Elizabeth, and Henry Pemberton and Jeremy Pemberton, Two other of the Younger Sons of the said Francis Pemberton Senior by the said Elizabeth; praying Leave to bring in a Bill, for Sale of a competent Part of an Estate in the County of Cambridge, for discharging Encumbrances thereon:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Wright and Mr. Justice Parker; with the usual Directions, according to the Standing Order.

Edmunds's Petition referred to Judges.

Upon reading the Petition of Thomas Edmunds, of Worsborough, in the County of York, Esquire, Son and Heir of Thomas Edmunds, late of Worsborough aforesaid, Esquire, deceased, and Elizabeth Edmunds, Wife of the said Thomas Edmunds the Son, Jane Edmunds, Widow of the said Thomas Edmunds deceased, and Wentworth Edmunds, Brother of the said Thomas Edmunds deceased; praying Leave to bring in a Bill, for Sale of Part of certain settled Estates in Kirkby and Great Broughton, in Cleaveland, and at Bolton, in the said County of York, for discharging Debts, and for other Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Chaple and Mr. Justice Parker; with the usual Directions, according to the Standing Order.

M^cKenzie against Urquhart & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Kenneth M^c Kenzie is Appellant, and William Urquhart and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on this Day Sevennight.

Western's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of Thomas Western Esquire, in the County of Bucks, in him and his Heirs; and for settling another Estate in the County of Cambridge, of greater Value, to the Uses of his Marriage Settlement; and also for rendering a Power of Revocation contained in that Settlement more effectual, for the Purposes thereby intended.'

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Tuesday the 29th Instant; and to adjourn as they please.

His Majesty's Answers to Congratulation and Addresses.

The Earl Fitzwalter reported, "That the Lords with White Staves had waited on His Majesty, pursuant to the Order of this House on Monday last, to congratulate His Majesty on the joyful Occasion of her Royal Highness the Princess of Wales's happy Delivery of a Princess; and that His Majesty was pleased to receive the same in the most gracious Manner."

The Earl Fitzwalter also reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House on Monday last, that He would be pleased to give Directions that the Issue of their Royal Highnesses the Prince and Princess of Wales be inserted in the Prayers for the Royal Family, in the Book of Common Prayer; and that His Majesty was pleased to say, He would give proper Directions thereupon in due Time."

His Lordship likewise reported, "That the Lords with White Staves had (according to Order) presented to His Majesty another Address, of Monday last, for the Establishment of Guards, Garrisons, Land Forces, and Marines, and the Estimate of the Charge thereof; and also the Estimates of the Charge of Seven Regiments of Foot, of Four Regiments of Marines, and His Majesty's Forces in the Plantations, Minorca, and Gibraltar, for the Year 1741: And that His Majesty was pleased to return this Answer, That the Establishments are not yet made out; and as to the Estimates, that He would give Orders for Copies of such of them to be brought as have been already prepared."

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Forty-one."

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."

Dean against Rose:

Upon reading the Petition of William Rose, Defendant in a Writ of Error depending in this House, wherein John Dean is Plaintiff; praying, "In regard the said Plaintiff hath not assigned Errors within the Time limited by the Standing Order of this House, that the said Writ of Error may be Non pros'd:"

Writ of Error Non pros'd.

It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House: And further, That the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Ten Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Pringle against Pringle.

This Day being appointed, for hearing the Cause wherein Thomas Pringle of Symington is Appellant, and Alison Pringle and her Husband are Respondents:

The House was informed, "That One of the Appellant's Counsel was taken ill."

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

It is Ordered, That the said Hearing be put off to Friday next.

Prince of Wales's Answer to Congratulations.

The Earl of Rochford reported, "That he and the Lord Viscount Torrington had (according to Order) attended his Royal Highness the Prince of Wales, with the Congratulatory Message from this House, on the joyful Occasion of her Royal Highness the Princess of Wales's happy Delivery of a Princess; and that his Royal Highness was pleased to say, He returned their Lordships Thanks, for the Joy they expressed upon this Increase of the King's Family."

Brinckman's Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing John Richard Brinckman Esquire;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

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

Upon reading the Petition of Sir John Jennings Knight, for himself, and on the Behalf of George Jennings his only Son and Heir Apparent, an Infant; praying Leave to bring in a Bill, to enable the Petitioner and his said Son, notwithstanding his Minority, upon his Marriage with any Woman with the Consent of his said Father, to settle all or any of the Estates in the Petition mentioned, in the Counties of Hertford and Surry, for the Benefit of the said George Jennings and such Wife as he shall marry, and their Issue; and also to enter into such Covenants and Agreements as shall be proper to be inserted and contained in such Settlement:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Fortescue and Mr. Justice Parker; with the usual Directions, according to the Standing Order.

Adjourn.

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

DIE Jovis, 15^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Taaffe's Petition referred to Judges.

Upon reading the Petition of Nicholas Lord Viscount Taaffe of the Kingdom of Ireland, and Robert Sutton a Minor of the Age of Fourteen Years, by Robert Sutton Esquire, his Father; praying Leave to bring in a Bill, for establishing an Agreement entered into, for accommodating the Differences between the Petitioners, touching the Right to certain Lands, in the Counties of Lowth, Meath, and Sligoe, in the said Kingdom, formerly belonging to the late Earl of Carlingford:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and Mr. Justice Chaple; with the usual Directions, according to the Standing Order.

Count Strafford's Petition referred to Judges.

Upon reading the Petition of Ann Countess of Strafford, Mother and Guardian of William Earl of Strafford, an Infant, about the Age of Nineteen Years; praying Leave to bring in a Bill, to enable the said Earl to make a Settlement upon his intended Marriage with the Lady Anne Campbell, Second Daughter of the Duke of Argyll and Greenwich, notwithstanding his Infancy:

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

Meredith & al. Petition referred to Judges.

Upon reading the Petition of Amos Meredith of Henbury, in the County of Chester, Esquire, and Joanna his Wife, in Behalf as well of the said Joanna as of her Children William, Theophilus, Elizabeth, Harriott, Margaret, Anne, and Mary Meredith, all Infants; and also of Thomas Assheton of Ashley, in the same County, Esquire, in Behalf of his Son Thomas Assheton, an Infant; praying Leave to bring in a Bill, for making certain Articles of Agreement, in the Petition mentioned, obligatory on the said Infants, and a Partition of certain Lands in the said County of Chester effectual:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Wright and Mr. Justice Parker; with the usual Directions, according to the Standing Order.

Lewis & al. Petition referred to Judges.

Upon reading the Petition of Elizabeth Lewis, Widow of Thomas Lewis, late of Soberton, Esquire, deceased, for herself, and also as One of the Guardians, and on the Behalf, of her Grandson Other Lewis Earl of Plymouth an Infant; Sir Robert Walpole Knight of the most Noble Order of the Garter, for himself, and on the Behalf of Horatio Walpole his Youngest Son; Robert Lord Walpole, for himself and on the Behalf of George Walpole his Son, an Infant; Edward Walpole, another Younger Son of the said Sir Robert Walpole; Horatio Walpole the Elder, Esquire, Brother of the said Sir Robert Walpole, for himself, and on the Behalf of Horatio Walpole, Thomas Walpole, and Richard Walpole, his Sons, who are Infants; Sir John Bridgman Baronet, and Orlando Bridgman, Roger Bridgman, and John Bridgman, his Three Sons; and Richard Mead Doctor in Physic, and Richard Mead his Son; praying Leave to bring in a Bill, for vesting the Real and Leasehold Estates of the said Thomas Lewis, in England and Wales, in Trustees, to be sold, for the Payment of his Debts and Legacies:

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

List of General Officers delivered.

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

He was called in; and delivered, at the Bar, pursuant to their Lordships Address of the 24th of November last,

"A List of the General Officers in His Majesty's Service, upon the 16th of July, 1739."

And then he was directed to withdraw.

And the Title of the said Lift was read.

Ordered, That the same do lie on the Table.

Lords to be summoned.

Ordered, That the Lords be summoned to attend the Service of this House, To-morrow; and that the Cause then appointed to be heard be put off to Wednesday next, and the Cause for that Day to the Friday following.

Inhabitants of Tetbury to be heard, against the Bill to rebuild their Church.

Upon reading the Petition of divers Freeholders and principal Inhabitants of the Town and Parish of Tetbury, in the County of Glocester, and of the Overseers of the Poor of the same Town and Parish, on Behalf of themselves and other the Freeholders and Inhabitants of the said Town and Parish; praying to be heard, by Counsel, against the Bill depending in this House, intituled, "An Act for Sale of the Advowson of the Church of Tetbury, in the County of Glocester; and for applying the Money arising by such Sale for rebuilding the said Church:"

It is Ordered, That the said Bill be read a 2d Time on this Day Fortnight; and that the Petitioners may be heard, as desired, at the said Second Reading; as may Counsel also for the Bill, at the same Time.

Brinckman's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Richard Brinckman Esquire."

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

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

Malt Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Forty-one."

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.

And a Message was sent to the House of Commons, by Mr. Burroughs and Mr. Edwards:

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

Barnerd's Nat. Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Ernest Barnerd," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

E. Cowper & al. Petition referred to Judges.

Upon reading the Petition of William Earl Cowper and Thomas Hall Esquire; praying Leave to bring in a Bill, to enable Trustees, formerly appointed by Act of Parliament, effectually to convey certain Lands, in the County of Hertford, agreed to be purchased by the said Thomas Hall, to him and his Heirs; and to apply the Purchase-money, first, for the Payment of £. 1593. to the said Earl, and then for the Purchase of the Copyhold Lands contracted for; and also to sell and convey the Residue of the Premises, vested in the Trustees by the said Act, either in One entire Purchase, or by separate Parcels, as they respectively shall from Time to Time contract for the Purchase of other Lands, equivalent to those which shall from Time to Time be sold; and to empower them to contract for the Purchase of Copyhold Lands of Inheritance, so as the Yearly Value thereof do not exceed One Half-part of the Yearly Value of the whole Lands to be purchased:

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

Adjourn.

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

DIE Veneris, 16^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Barnerd's Nat. Bill:

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

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. Burroughs and Mr. Allen:

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

Motion for an Address, to know who advised the King's Answer to a former Address.

Moved, "To order, That an humble Address be presented to His Majesty, that He will be graciously pleased to acquaint this House, who advised Him to return the Answer given to the most dutiful Address for inserting the Issue of their Royal Highnesses the Prince and Princess of Wales, in the Prayers for the Royal Family, in the Book of Common Prayer."

And a Question being stated thereupon:

After Debate;

Adjourn.

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

DIE Lunæ, 19^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Standing Order, about Committee Journal, to be considered.

The House being moved, "That the Entry in the Journal, at the Beginning of this Parliament, of the Names of the Receivers and Triers of Petitions, in French, might be read:"

The same was read accordingly.

As was also, the Standing Order of this House, of the 23d of May 1678, empowering the Sub-committee for Privileges and Perusal of the Journal Book, to meet, and examine the same, even after the Session.

Ordered, That the said Standing Order be taken into Consideration on Thursday next; and the Lords to be summoned.

Gallery in the House to be pulled down.

Ordered, That the Gentleman Usher of the Black Rod do cause the Door of the Gallery in this House to be locked up, and the Key delivered to the Lord Great Chamberlain; and that the said Lord Great Chamberlain be desired to issue his Warrant to the Officers of His Majesty's Board of Works to take down the said Gallery, after the Conclusion of this Session of Parliament.

Estimates of the Charge of Forces delivered.

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

He was called in; and delivered, at the Bar, pursuant to the Address of this House on Monday last,

"Estimate of the Charge of the Guards, Garrisons, and other His Majesty's Land Forces, in Great Britain, including the Land Forces and Marines in Lord Cathcart's Expedition, for the Year 1741."

"Estimate of the Charge of Seven Regiments of Foot, amounting to 5705 Men, to be raised for the Service of the Year 1741."

"Estimate of the Charge of Four Regiments of Marines, amounting to 4620 Men, to be raised for the Service of the Year 1741."

"Estimate of the Charge of His Majesty's Forces in the Plantations, Minorca, and Gibraltar, for the Year 1741."

And then he was directed to withdraw.

And the Titles of the said Estimates being read, by the Clerk:

Ordered, That the same do lie on the Table.

Standing Orders to be read.

Ordered, That the Roll of Standing Orders of this House be read To-morrow; and the Lords to be summoned.

Adjourn.

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

DIE Martis, 20^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Driffield Common, enclosing, Bill.

A Message was brought from the House of Commons, by Sir Miles Stapylton and others:

With a Bill, intituled, "An Act for dividing and enclosing several Open Pastures and Commons, in the Townships of Great Driffield and Little Driffield, in the County of York; and for settling certain Yearly Payments to the Prebendary of Driffield for the Time being, in Lieu of his Tithes, pursuant to an Agreement and an Award made for those Purposes;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Stewart, to enter into a Recognizance for Logan & al.;

The House being moved, "That Colonel James Stewart may be permitted to enter into a Recognizance for Mary Logan and her Husband, on account of their Appeal depending in this House; they being in Scotland:"

It is Ordered, That the said Colonel James Stewart may enter into a Recognizance for the Appellants, as desired.

and Baird for Denham.

The like Motion and Order for James Baird Esquire to enter into a Recognizance for Archibald Denham Esquire; for the same Reason.

Brinckman's Nat. Bill: Committee revived.

Ordered, That the Committee to whom the Bill, intituled, "An Act for naturalizing John Richard Brinckman Esquire," be revived; and meet To-morrow.

Standing Orders read.

The Roll of Standing Orders of this House was (according to Order) read.

And the Lords present having taken their due Places:

Address for Extracts of Treaties.

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, Extracts of all the Treaties concluded between the Crown of Great Britain and any other of the Powers of Europe, from the Time of His late Majesty King George the First's happy Accession to the Throne, to the Year 1740, which have already been communicated to either House of Parliament, so far only as any of the said Treaties relate to mutual Guaranties and Subsidies of any Kind whatsoever."

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

Adjourn.

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