House of Lords Journal Volume 25: April 1737, 21-30

April 1737, 21-30

DIE Jovis, 21^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gaol, &c. in Bucks, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to empower the Justices of the Peace for the County of Bucks to raise Money, to discharge the Debts incurred on account of building a Gaol and Court Rooms; and for finishing the same, for the Use of the County."

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. Burroughs and Mr. Edwards:

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

E. Dundonald against Bar.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Earl of Dundonald is Appellant, and Elizabeth Bar Respondent:"

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

De Gols & al. against Jones & al.

The like Motion and Order, for hearing the Cause wherein Conrade de Gols Esquire and John Read Gentleman are Appellants, and Philip Jones and others Respondents, on the next vacant Day for Causes.

Admittance into the Gallery; Committee to consider of.

Ordered, That the Lords following be appointed a Committee, to consider of the Manner in which Persons shall be admitted into the Gallery lately erected in this House:

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

Wilson, Provost of Edinburgh, to be heard by Counsel.

Upon reading the Petition of Alexander Wilson Esquire, Lord Provost of the City of Edinburgh; averring his entire Innocence of the several Matters alleged against him in the Preamble of the Bill to disable him from holding any Office of Magistracy in the said City, and other Purposes; and praying, "That he may be heard, by his Counsel, against the said Bill, at the Second Reading thereof; and that the House will give the Petitioner such Relief, as to their great Wisdom and Justice shall seem meet:"

It is Ordered, That the Petitioner may be heard, by his Counsel, against the said Bill, at the Second Reading thereof, as desired.

E. of Winchilsea's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate of Daniel late Earl of Winchilsea and Nottingham, deceased, for Payment of Debts and Encumbrances affecting the same; and for other Purposes therein mentioned," 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 Bill, with the Amendments, be engrossed.

Swymmer's Bill.

The said Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act to enable the Guardians of Anthony Landgley Swymmer, an Infant, to join in making Leases of certain Mines in the County of Flint, with the other Owners thereof, during the Minority of the said Infant," was committed.

And the same Order was made.

Worsley River navigable, Bill:

The said Earl also reported from the Lords Committees to whom the Bill, intituled, "An Act for making navigable the River, or Brook, called Worsley Brook, from Worsley Mill, in the Township of Worsley, in the County Palatine of Lancaster, to the River Irwell, in the said County," 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."

Elliot against Cockburn.

The House was informed, "That the Cause wherein Thomas Elliot is Appellant, and Archibald Cockburn Respondent, is set down to be heard on a Cause-day; but that the Parties desire a particular Day may be appointed, for hearing the same."

And the Consent of the Agents on both Sides being signified under their Hands:

Ordered, That the said Cause be heard, by Counsel on both Sides, at the Bar, on Tuesday the 10th Day of May next.

Land Tax Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirtyseven."

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.

Stalingborough Common enclosing Bill:

The Earl of Harborough reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing certain Open and Common Fields, within the Lordship and Parish of Stallingborough, in the County of Lincoln," 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 Bill, with the Amendments, be engrossed.

Shakerley's Bill:

The Lord Bathurst reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Peter Shakerley and George Shakerley, Sons of George Shakerley Esquire, to make suitable Jointures for their Wives, and Provision for their Daughters and Younger Sons, out of the Estates of the said George Shakerley the Father, lying in the Counties of Chester and Lancaster," 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.

Baratty, Nat. Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Bartholomew Baratty."

Sir W. Dudley's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enroling of certain Indentures of Lease and Release, executed by Sir William Dudley and Dame Elizabeth his Wife; and for making the Exemplification and attested Copies of such Indentures, and also an Act of Parliament, and certain Articles of Agreement therein referred to, Evidence in all Courts of Law and Equity in Ireland."

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.

Insolvent Debtors, Bill.

Ordered, That the Bill, intituled, "An Act for Relief of Insolvent Debtors," be read a Second Time on Wednesday Sevennight; and that it be in the mean Time printed.

Captain Porteous's Trial to be considered.

The Order of the Day being read, for taking into Consideration the authentic Extract of the Proceedings in the Trial of Captain John Porteous, laid before this House the 3d of March last:

The said Extract was read, by the Clerk.

Ordered, That the same be taken into further Consideration on Tuesday next; and the Lords to be summoned.

Adjourn.

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

Hitherto examined,

Portland.
Westmorland.
Thanet.
Abingdon.
Loudoun.
Oxford & Mortimer.
Macclesfield.
N. St. Davids.
Jsa. Asaph.

DIE Veneris, 22^o Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Messages from H. C. with Bills; and to return Pitt's Bill;

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

To return the Bill, intituled, "An Act for Sale of the Manor and Capital Messuage of Swallowfield, late the Estate of Thomas Pitt Esquire, deceased; and for purchasing another Estate, to be settled to the Uses of his Will;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Talbot's Bill;

A Message was brought from the House of Commons, by Sir Tho's Lyttelton and others:

To return the Bill, intituled, "An Act to enable the Trustees, during the respective Minorities of George Talbot Esquire and his Younger Brothers, to grant Leases of the Estates of the said Infants, in the Counties of Salop, Worcester, Berks, Chester, Stafford, Oxford, and Wilts;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Biggs's Bill for Payment of Kellow's Debts.

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

To return the Bill, intituled, "An Act to enable the Trustees in the Will of Thomas Kellow Gentleman, deceased, to sell Part of his Estate, for the Payment of his Debts;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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

With a Bill, intituled, "An Act for indemnifying Persons who have omitted to qualify themselves for Offices, or to take the Oaths required, within the Time limited by Law, and for allowing further Time for those Purposes;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act to prevent the Act made in the Twenty-first Year of the Reign of King James the First, intituled, "An Act for Limitation of Actions, and for avoiding Suits in Law," being pleaded, insisted on, or taken Advantage of, by any Persons claiming under the last Will of Richard Norton Esquire, of Southwick, deceased, against any Claim, Title, or Demand, which Thomas Norton Esquire, hath to or upon the Manor of Old Alresford, and Lands in the County of Southampton, settled by Indenture of the Fifth of March One Thousand Six Hundred and Fifty-seven, or the Rents and Profits thereof;" to which they desire the Concurrence of this House.

E. Winchilsea's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Daniel late Earl of Winchilsea and Nottingham, deceased, for Payment of Debts and Encumbrances charged upon and affecting the same; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Swymmer's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Guardians of Anthony Langley Swymmer, an Infant, to join in making Leases of certain Mines in the County of Flint, with the other Owners thereof, during the Minority of the said Infant."

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

It was Resolved in the Affirmative.

Stalling borough Common, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open and Common Fields, within the Lordship and Parish of Stallingborough, in the County of Lincoln."

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

It was Resolved in the Affirmative.

Shakerley's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Peter Shakerley and George Shakerley, Sons of George Shakerley Esquire, to make suitable Jointures for their Wives, and Provision for their Daughters and Younger Sons, out of the Estates of the said George Shakerley the Father, lying in the Counties of Chester and Lancaster."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Thurston and Mr. Burroughs:

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

Worsley River navigable, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making navigable the River, or Brook, called Worsley Brook, from Worsley Mill, in the Township of Worsley, in the Counly Palatine of Lancaster, to the River Irwell, in the said County."

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.

The House was adjourned during Pleasure, to robe.

The House was resumed.

His Majesty present:

His Majesty, being seated on the Throne, with the accustomed Ceremonies; the Prince of Wales (in his Robes) sitting in his Place on His Majesty's Right Hand; 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:

He, after a short Introduction in relation to the Land Tax Bill, delivered the same to the Clerk; who brought it to the Table; where the Clerk of the Crown read the Titles of that and the other Bills ready for the Royal Assent, as follow:

Bills passed:

"1. An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty-seven."

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

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"2. An Act to make perpetual an Act made in the Seventh Year of the Reign of His present Majesty, intituled, An Act to prevent the infamous Practice of Stock-jobbing."

"3. An Act for the better repairing and paving the Highways, Streets, and Water-courses, within the City of New Sarum; and for enlightening the Streets, Lanes, and Passages, and better regulating the Nightly Watch, within the said City."

"4. An Act for enlarging the Term granted by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing several Roads therein mentioned leading into the City of Worcester;" and for repairing several other Roads lying contiguous to the same; and for reducing the Toll or Duties granted on Sheep and Lambs by the said Act."

"5. An Act for making more effectual Two Acts of Parliament; one, of the Sixth Year of the Reign of Her late Majesty Queen Anne; and the other, of the Eleventh Year of the Reign of His late Majesty King George; for repairing the Highways from Old Stratford, in the County of Northampton, to Dunchurch, in the County of Warwick."

"6. An Act to empower the Justices of the Peace for the County of Bucks to raise Money, to discharge the Debts incurred on account of building a Gaol and Court Rooms; and for finishing the same, for the Use of the County."

"7. An Act for continuing an Act passed in the Third Year of the Reign of His late Majesty King George the First, for laying a Duty of Two Pennies Scots, or one Sixth Part of a Penny Sterling, on every Pint of Ale or Beer, that shall be vended or sold within the Town of Dumfries, and Privileges thereof, for paying the Debts of the said Town; and for building a Church, and making a Harbour there; and for laying a Duty on the Tonnage of Shipping, and a Duty on Goods imported and exported into and out of the Port of the said Town, for the better repairing of the said Harbour."

"8. An Act for making navigable the River, or Brook, called Worsley Brook, from Worsley Mill, in the Township of Worsley, in the County Palatine of Lancaster, to the River Irwell, in the said County."

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

"Le Roy le veult."

"9. An Act for Sale of the Capital Messuage of Gunnersbury, and other Lands and Hereditaments, late the Estate of Sir John Maynard Knight, Serjeant at Law; and for purchasing another Estate, to be settled to the Uses of his Will."

"10. An Act for Sale of a certain Leasehold Estate of Thomas Cooke Esquire, in the County of Glocester; and for settling some Freehold and Copyhold Estates of Inheritance, of greater Value, to the same Uses, in Lieu thereof."

"11. An Act to enable the Trustees and Testamentary Guardians named in the Will of Thomas Hesketh, late of Rufford, in the County of Lancaster, Esquire, deceased, to perform the same, and make Leases for Lives in his settled Estate, for paying his Debts during his Sons Minority, in Ease of an Estate devised by him to be sold."

"12. An Act for enclosing and dividing certain Common Pasture Grounds, called Purton Common and Purton Stoake Common, within the Parish of Purton, otherwise Puriton, in the County of Wilts."

"13. An Act for enabling Sir Jacob Des Bouverie Baronet, and John Des Bouverie Esquire, and their respective Issue, and Elizabeth Des Bouverie Sister of the said John, to take and use the Surname of Bouverie, pursuant to the Desire of Jacob Des Bouverie Esquire, and Sir Christopher Des Bouverie, deceased."

"14. An Act to enable John Harvey Esquire, now called John Thursby, to take and use the Surname and Arms of Thursby, in Pursuance of the Will of William Thursby Esquire, deceased."

"15. An Act to enable the Trustees in the Will of Thomas Kellow Gentleman, deceased, to sell the Rectory Impropriate of Berwick St. James, in the County of Wilts, for the Payment of his Debts."

"16. An Act to enable Trustees, during the respective Minorities of George Talbot Esquire and his Younger Brothers, to grant Leases of the Estates of the said Infants, in the Counties of Salop, Worcester, Berks, Chester, Stafford, Oxford, and Wilts."

"17. An Act for Sale of the Manor and Capital Messuage of Swallowfield, late the Estate of Thomas Pitt Esquire, deceased; and for purchasing another Estate, to be settled to the Uses of his Will."

"18. An Act for naturalizing Godfrey Wichelhausen, John Francis Noppe, John Stephen Masson, Thomas Barband, and John Dillman."

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

"Soit sait 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.

City of London, Bill.

The Duke of Portland reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming an Agreement between the Rector of the Parish Church of St. Mary Woolnoth, and of the united Parishes of St. Mary Woolnoth and St. Mary Woolchurch, in the City of London, and the Mayor and Commonalty and Citizens of the said City, by and with the Consent of the Patron and Ordinary, for the Grant of a Parcel of Ground therein mentioned, to the said Mayor, Commonalty, and Citizens, in Consideration of a Rent of Ten Pounds a Year, payable to the said Rector and his Successors for ever," 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 Bill be engrossed.

Ongley's Bill.

The Duke of Portland also reported from the Lords Committees to whom the Bill, intituled, "An Act to establish an Agreement made by the Devisees of Sir Samuel Ongley Knight, deceased, with Sir Roger Hudson Knight, for the Sale of Two Messuages on the East Side of Bishopgate Street, in the City of London, and for the Purchase of Two Messuages on the North Side of Threadneedle Street, in the said City of London, with Part of the Money arising from the said Sale; and for other Purposes therein mentioned," 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.

Mrs. Godelphin's Petition against Lloyd and Eadnell:

Upon reading the Petition of Ellen Godolphin Spinster; complaining of gross Abuses of Thomas Lloyd, of Clement's Inn, in the County of Middlesex, Gentleman, and Richard Eadnell, of The Inner Temple, London, Gentleman, Trustees appointed by an Act for selling Part of the settled Estate of David Roberts Esquire, for discharging the Debts and Encumbrances of himself and his late Father; and for settling an Equivalent for the same, for the Benefit of the several Persons claiming under his Marriage Settlement; and praying, "That this House will inquire into the Abuses in and about the Trust reposed by the said Act, and give the Petitioner such Relief as (fn. 2) to their Lordships in their great Wisdom and Justice shall seem meet:"

It is Ordered, That the said Petition be, and is hereby, referred to the Consideration of the Lords following; who are appointed a Committee, to inquire touching the Allegations of the said Peti tion; and report what they shall think proper thereupon to the House; (videlicet,)

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

Persons to attend about it.

Ordered, That the Trustees aforenamed, David Roberts Esquire, and Thomas Alexander Laceman, do attend the said Committee.

Encouragement of Learning, Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for the Encouragement of Learning, by the more effectual securing the sole Right of printing Books to the Authors thereof, their Executors, Administrators, or Assigns, during the Times therein mentioned; and to repeal an Act, passed in the Eighth Year of the Reign of Her late Majesty Anne, intituled, An Act for the Encouragement of Learning, by vesting the Copies of printed Books in the Authors and Purchasers of such Copies, during the Times therein mentioned; and for the better securing the Payment of the Drawback of the Duties for Paper used in printing Books in the Latin, Greek, Oriental, and Northern Languages, within the Two Universities of Oxford and Cambridge," so far as the said Drawback relates to Paper made in Great Britain."

Ordered, That the House be put into a Committee thereupon, on this Day Sevennight.

Trustees Highways qualifying, Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Qualification of Persons acting as Trustees for repairing the Highways and Roads within that Part of Great Britain called England; for enlarging the Number of Trustees, and giving them Power to inspect, and take Copies of, Books and Accompts relating to such Highways and Roads."

After some Time, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Carey & Ux. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of George Cary and Anne 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 Sale of Part of the settled Estate of George Cary Esquire, lying in the County of Devon, for discharging several Debts and Encumbrances of his late Father and Grandfather; and for settling an Estate in the County of Middlesex to the Uses of his Marriage Settlement."

Causes put off.

Ordered, That the Cause which stands for an hearing on Monday next be put off to the Wednesday following; and the Cause for that Day to Friday next; and the other Causes on Cause-days removed in Course.

Adjourn.

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

DIE Lunæ, 25^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Chicheley & al. to be heard against Norton's Bill.

Upon reading the Petition of Richard Chicheley Esquire, William Chicheley, Elizabeth Hughes, and James Plowden; setting forth, "That the Three first-named Petitioners are the only Brothers and Sister, and the Petitioner James Plowden the only Nephew, of Richard Norton, late of Southwick, in the County of Southampton, Esquire, deceased, and as such are his next of Kin; and, after the Payment of all just Demands, are entitled to his Personal Estate, or such Part thereof of which he has made no legal Disposition; and that a Bill is now depending in this House, to prevent the Act called "The Statute of Limitations" from being pleaded by any Persons claiming under the Will of the said Richard Norton, against any Demand Thomas Norton Esquire hath to an Estate settled by an Indenture of the 5th of March 1657; by which Bill, One of the most useful Laws is suspended, in Favour of the said Thomas Norton, Cousin to the said Richard Norton; and in Prejudice of the Petitioners, who are next of Kin;" and praying, "That they may be heard, by their Counsel, against the said Bill:"

It is Ordered, That the said Bill be read a Second Time on Thursday Sevennight; and that the Petitioners may be heard, as desired, at the said Second Reading; as may Counsel be heard for the Bill at the same Time.

Montgomery against Dempsey, in Error.

Ordered, That the arguing the Errors in the Writ of Error wherein Montgomery is Plaintiff and Dempsy Defendant, which is appointed for Thursday next, be put off to the next Day; and the Cause for that Day removed to the Monday following; and the other Causes on Cause-days removed in Course.

L. Griffin's Privilege, concerning contemptuous Words spoke by Buckby.

The Earl of Warwick reported from the Lords Committees for Privileges, to whom was referred the Petition of Thomas Buckby, of Great Bowden, in the County of Leicester, Yeoman, in relation to the Matter of the Complaint of the Lord Griffin against the Petitioner, for uttering contemptuous and defamatory Expressions of his Lordship: "That the said Committee had considered the Matter to them referred; and that the said Lord Griffin had informed their Lordships, that he did not intend the said Thomas Buckby should suffer for any of the Words complained of in any other Place;" and had assured the Committee, "That he would discontinue his Action at Law brought for the said Words, and pay the Costs thereof, and bring no new Action for the same Words."

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

And Ordered, That the said Thomas Buckby, having rendered himself according to the Condition of his Security, be detained in Custody till further Order of this House.

Basingstoke Highways, Bill.

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

With a Bill, intituled, "An Act for repairing the Road from Hertford Bridge Hill, to the Town of Basingstoke; and also the Road from Hertford Bridge Hill aforesaid, to the Town of Odiham, in the County of Southampton;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Indemnifying Persons who have neglected to take the Oaths, Bill.

(fn. 3) Hodie 2^a vice lecta est Billa, intituled, "An Act for indemnifying Persons who have omitted to qualify themselves for Offices, or to take the Oaths required, within the Time limited by Law; and for allowing further Time for those Purposes."

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

Nugent & al. against Nugent & al.; and Lynch against Killikelly: Pleadings proved.

The House being informed, "That Patrick Keaghran attended, in order to deliver in several Papers and Pleadings, in the Cause wherein William Nugent Esquire and others are Appellants, and Hyacinth Richard Nugent Esquire and His Majesty's Attorney General of Ireland Respondents; and in the Cause wherein Francis Lynch Merchant is Appellant, and Martin Killikelly and others Respondents."

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

Richard Brereton also delivered in Copies of Proceedings in the Cause last named; and made the like Attestation as to the Truth thereof.

Message to H. C. for Members to attend, about the Inquiry concerning Capt. Porteous's Murder.

Ordered, That a Message be sent to the House of Commons, by Mr. Holford and Mr. Thomas Bennet:

To acquaint them, "That this House, having under their Consideration the authentic Extract of the Proceedings in the Trial of Captain John Porteous; their Lordships do desire they will give Leave, that Duncan Forbes Esquire, His Majesty's Advocate for Scotland, Charles Areskine Esquire, Solicitor General for Scotland, and John Drummond Esquire, Members of that House, may attend this House, touching the same, when desired."

City of London, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming an Agreement between the Rector of the Parish Church of St. Mary Woolnoth, and of the united Parishes of St. Mary Woolnoth and St. Mary Woolchurch, in the City of London, and the Mayor and Commonalty and Citizens of the said City, by and with the Consent of the Patron and Ordinary, for the Grant of a Parcel of Ground therein mentioned, to the said Mayor, Commonalty, and Citizens, in Consideration of a Rent of Ten Pounds a Year, payable to the said Rector and his Successors for ever."

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

It was Resolved in the Affirmative.

Ongley's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to establish an Agreement made by the Devisees of Sir Samuel Ongley Knight, deceased, with Sir Roger Hudson Knight, for the Sale of Two Messuages on the East Side of Bishopgate Street, in the City of London; and for the Purchase of Two Messuages on the North Side of Threadneedle Street, in the said City of London, with Part of the Money arising from the said Sale; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

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

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

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

Carey's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of George Cary Esquire, lying in the County of Devon, for discharging several Debts and Encumbrances of his late Father and Grandfather; and for settling an Estate in the County of Middlesex to the Uses of his Marriage Settlement."

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 Tuesday the 10th Day of May next; and to adjourn as they please.

Adjourn.

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

DIE Martis, 26^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

His Majesty's consent to Seton's Bill.

The Duke of Newcastle acquainted the House, "That His Majesty, having been apprized of the Contents of the Bill, intituled, "An Act to enable George Seton of Barnes 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," had commanded him to acquaint this House, That, with respect to the Interest of the Crown, His Majesty had no Objection to their Lordships proceeding in the said Bill, as they should think fit."

and to Rollo's Bill.

The said Duke, in like Manner, signified His Majesty's Consent to the Bill, intituled, "An Act to enable James Rollo, only Son of Robert Rollo, late of Powhouse, 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."

Then the said Bills were both read a Second Time.

And Ordered, That the said Bills 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.

Trustees Highways, qualifying, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Qualification of Persons acting as Trustees for repairing the Highways and Roads within that Part of Great Britain called England; for enlarging the Number of Trustees; and giving them Power to inspect and take Copies of Books and Accompts relating to such Highways and Roads."

Then it was proposed, "In the 4th Line of the 3d Press, to leave out ["or"]."

And the same was agreed to.

And it was likewise agreed, to insert, in the same Line, after the Words ["Justice of Peace"], these Words ["or Alderman and Recorder."]

And in the 16th Line of the same Press, it was also agreed, to leave out ["and"]; and, in the same and 17th Line, after the Words ["Justices of the Peace"], to insert these Words ["Aldermen and Recorders"].

Which done;

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 Mr. Holford and Mr. Edwards:

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

Indemnifying Persons who have not taken the Oaths, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for indemnifying Persons who have omitted to qualify themselves for Offices, or to take the Oaths required, within the Time limited by Law; and for allowing further Time for those Purposes."

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."

Red Lion Square adorning, Bill.

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

With a Bill, intituled, "An Act to enable the present and future Proprietors and Inhabitants of the Houses in Red Lyon Square, in the County of Middlesex, to make a Rate on themselves, for raising Money sufficient to enclose, pave, watch, clean, and adorn the said Square;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Commons give Leave to Members to attend.

The Messengers sent Yesterday to the House of Commons, to desire they would give Leave, "That Duncan Forbes Esquire, His Majesty's Advocate for Scotland, Charles Areskine Esquire Solicitor General for Scotland, and John Drummond Esquire, Members of their House, may attend this House, touching the Consideration of the Trial of Captain Porteous," acquainted their Lordships, "That the Commons have given Leave to the said Duncan Forbes, Charles Areskine, and John Drummond, Esquires, to come to this House, as is desired, if they think fit."

Basingstoke Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road from Hertford Bridge Hill, to the Town of Basingstoke; and also the Road from Hertford Bridge Hill aforesaid, to the Town of Odiham, in the County of Southampton."

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

Trial of Capt. Porteous considered.

The Order of the Day being read, for taking into further Consideration the authentic Extract of the Proceedings in the Trial of Captain John Porteous; and for the Attendance of Judges and Advocates from Scotland on this Occasion:

After Debate in relation to some of the said Proceedings, particularly touching the Interlocutor of the Lords of the Justiciary in Scotland upon the Relevancy against the said Captain Porteous; and reading an Act made in the Thirteenth Parliament of King James the Sixth, intituled, "Anent Tumults within the Borough of Edinburgh, and Obedience to be given to the Magistrates thereof:"

Ordered, That the said Debate be adjourned to Friday next; and the Lords to be summoned.

Adjourn.

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

DIE Mercurii, 27^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Basingstoke Road, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road from Hertford Bridge Hill, to the Town of Basingstoke; and also the Road from Hertford Bridge Hill aforesaid, to the Town of Odiham, in the County of Southampton," 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."

Indemnifying Persons who have neglected to take the Oaths, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for indemnifying Persons who have omitted to qualify themselves for Offices, or to take the Oaths required, within the Time limited by Law; and for allowing further Time for those Purposes."

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. Lightboun and Mr. Thomas Bennet:

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

Red Lion Square, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the present and future Proprietors and Inhabitants of the Houses in Red Lyon Square, in the County of Middlesex, to make a Rate on themselves, for raising Money sufficient to enclose, pave, watch, clean, and adorn, the said Square."

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 Monday next; and to adjourn as they please.

Sir R. Graham & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Reginald Graham Baronet, 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 Sale of the Manor of Kippax, in the County of York, Part of the settled Estate of Sir Reginald Graham Baronet; and for settling his Estate at Norton and Nunwick, in the same County, being of greater Value, to the same Uses; and for making a Partition of the Manor of Whitwell between him and his Brother Richard Graham Esquire."

Shipwrecked Mariners Relief, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for collecting, at the Port of Leghorn, certain small Sums of Money, to which the Merchants trading there have usually contributed, for the Relief of shipwrecked Mariners, Captives, and other distressed Persons, His Majesty's Subjects; and for other charitable and public Uses."

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."

Campbell & al. against Netterville & al.

After hearing Counsel, in Part, upon the Petition and Appeal of Charles Campbell Merchant, and others, to which Nicholas Lord Viscount Nettirville and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Cause wherein the Governor and Company of the Bank of England and divers others are Appellants, and Catherine Morrice Widow of Humphrey Morrice, and others, Respondents, which was appointed for To-morrow, be put off to this Day Sevennight.

Montgomery against Dempsey, in Error.

Ordered, That the Cause upon a Writ of Error, wherein Hugh Montgomery Esquire is Plaintiff, and Charles Dempsy Lessee of the Reverend Charles Dodd Clerk Defendant, which stands to be heard on Friday next, be put off to Monday; and the Cause for that Day to the Friday following; and the other Causes on Causedays removed, to come on in Course.

L. Griffin's Privilege:

Upon reading the Petition of Thomas Buckby, of Great Bowden, in the County of Leicester, Yeoman, in Custody of the Serjeant at Arms attending this House, for uttering contemptuous and defamatory Expressions of the Lord Griffin; acknowledging his Offence, promising never to be guilty of the like for the future, begging Pardon for the same; and, in regard of his numerous Family, and his Affairs in the Country, by reason of his Absence, being in great Disorder, praying to be discharged:

Buckby to be brought to the Bar.

It is Ordered, That the Petitioner be brought to the Bar of this House To-morrow, in order to his Discharge.

Adjourn.

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

DIE Jovis, 28^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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 Orkney, deceased; which is as follows:

Certificate of the Election of E. Bute.

"May it please your Lordships,

"We do hereby certify, that, by virtue of His Majesty's Proclamation of the Twenty-first of February last, a Certificate, under the Hands and Seals of Mr. Thomas Gibson and Mr. James Justice, 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 Bute 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 Orkney, deceased.

"Given under our Hands, this Twenty-seventh Day of April, 1737.

Sir R. Graham's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Kippax, in the County of York, Part of the settled Estate of Sir Reginald Graham Baronet; and for settling his Estates at Norton and Nunwick, in the same County, being of greater Value, to the same Uses; and for making a Partition of the Manor of Whitwell between him and his Brother Richard Graham Esquire."

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 the 13th Day of May next; and to adjourn as they please.

Basingstoke Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road from Hertford Bridge Hill, to the Town of Basingstoke; and also the Road from Hertford Bridge Hill aforesaid, to the Town of Odiham, in the County of Southampton."

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

It was Resolved in the Affirmative.

Shipwrecked Mariners, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for collecting, at the Port of Leghorn, certain small Sums of Money, to which the Merchants trading there have usually contributed, for the Relief of shipwrecked Mariners, Captives, and other distressed Persons, His Majesty's Subjects; and for other charitable and public Uses."

After Debate; and reading the Act of the 8th Year of the Reign of His late Majesty King George the First, of the like Nature, as to Portugal:

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 Two preceding Bills:

A Message was sent to the House of Commons, by Mr. Thurston and Mr. Burroughs:

To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.

Campbell & al. against L. Netterville & al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Charles Campbell Merchant, Hugh Campbell Gentleman, Charles Campbell, Anne Campbell, Minors, by their next Friend Bridget Campbell, Charles Bristow Esquire, Peter Bristow Clerk, Samuel Bristow Gentleman, Joseph Finiston Clerk, and Dorothy Finiston, alias Bristow, his Wife, John Shaw Gentleman and Jane Shaw alias Bristow his Wife, John Moore Esquire and Mable Moore alias Bristow his Wife, Charles Moore Esquire, John Moore Gentleman, Sir John Whitefoord Baronet and Dame Alice Whitefoord alias Moore his Wife, the Reverend William Cupples and Jane Cupples alias Kennedy his Wife, Charles Craig and Hugh Craig Gentlemen, James Dalzielle Merchant and Jane his Wife, James Moore Gentleman and Mable Moore alias Craig his Wife, Francis Montgomery Gentleman and Elizabeth his Wife, Catherine and Elinor Craig Spinsters, Ann Caldwell Spinster, Catherine Caldwell and Alice Caldwell Minors, by their next Friend Catherine Caldwell, Charles Boyd, Hugh Boyd, and Henry Boyd, Gentlemen, Robert M^cBride Gentleman and Jane M^cBride his Wife; complaining of a Decree of the Court of Chancery in Ireland, made the 16th Day of February last, in certain Causes, wherein the Appellants were Plaintiffs, and William Colvill, Bruen Worthington, John Moore, Henry Singleton, Marmaduke Coghill, Samuel Burton, Nicholas Lord Viscount Nettirville, and Catherine Burton now Lady Viscountess Nettirville his Wife, Benjamin Burton, Charles Caldwell, and the Reverend Skiffington Bristow Clerk, Defendants; and the said Lord Nettirville and the said Lady Catherine Nettirville his Wife were Plaintiffs, and the said Marmaduke Coghill, Henry Singleton, Bruen Worthington, John Moore, William Colvill, Benjamin Burton, and also Samuel Burton since deceased, were Defendants; and praying, "That the same may be reversed, and such other Relief given the Appellants as to their Lordships shall seem meet:" As also upon the Answer of the said Lord Viscount Nettirville and the Lady Viscountess Nettirville his Wife, and the joint and several Answer of the said Marmaduke Coghill, Henry Singleton, Benjamin Burton, John Moore, and William Colvill, Charles Caldwell, and Skeffington Bristow, 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 Decree therein complained of be, and is hereby, affirmed.

Buckby discharged.

Thomas Buckby, in Custody of the Sergeant at Arms, for a Breach of Privilege, in uttering contemptuous and defamatory Expressions of the Lord Griffin, was (according to Order) brought to the Bar; where he, upon his Knees, receiving a Reprimand from the Lord Chancellor for his said Offence, was discharged out of Custody, paying his Fees.

Adjourn.

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

DIE Veneris, 29^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Seton to sue, notwithstanding his Attainder, Bill:

The Earl of Finlater reported from the Lords Committees to whom the Bill, intituled, "An Act to enable George Seton of Barnes to sue, or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate that may or shall hereafter descend or come to him," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

The said Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Rollo to sue, notwithstanding his Attainder, Bill:

The Earl of Finlater made the like Report from the Lords Committees to whom the Bill, intituled, "An Act to enable James Rollo, only Son of Robert Rollo, late of Powhouse, 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," was committed.

The said Bill was also read the Third Time.

And the Question being 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.

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

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

Encouragement of Learning, Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for the Encouragement of Learning, by the more effectual securing the sole Right of printing Books to the Authors thereof, their Executors, Administrators, or Assigns, during the Times therein mentioned; and to repeal an Act passed in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for the Encouragement of Learning, by vesting the Copies of printed Books in the Authors or Purchasers of such Copies, during the Times therein mentioned; and for the better securing the Payment of the Drawback of the Duties for Paper used in printing Books in the Latin, Greek, Oriental, and Northern Languages, within the Two Universities of Oxford and Cambridge," so far as the said Drawback relates to Paper made in Great Britain:"

Ordered, That the House be put into a Committee upon the said Bill, on Thursday next.

Debate concerning Capt. Porteous's Trial resumed.

The other Order of the Day being read, for resuming the adjourned Debate, which arose on Tuesday last, touching the Interlocutor of Relevancy, pronounced by the Lords of the Justiciary in Scotland, in the Case of Captain John Porteous:

It was proposed, "To call in the Lord Justice Clerk, and the other Judges of the Court of Justiciary, who are ordered to attend the House this Day, and hear them in relation to the said Interlocutor."

After Debate;

Ordered, That it be referred to a Committee of the whole House, to consider in what Place the said Judges shall be heard; and that the House be put into a Committee for that Purpose on Monday next; and the Lords to be summoned; and that, in the mean Time, the Clerks do search the Journals in relation to this Matter, in order to lay Precedents before the said Committee.

Causes put off.

Ordered, That the Cause which stands appointed for Monday next be put off to Wednesday; and the other Causes on Cause-days removed in Course.

Message to H. C. for Members to attend as Witnesses on the Provost of Edinburgh's Bill.

Ordered, That a Message be sent to the House of Commons, by Mr. Thomas Bennet and Mr. Edwards:

To desire, "They will give Leave, that Duncan Forbes Esquire, His Majesty's Advocate for Scotland, Charles Areskine Esquire Solicitor General for Scotland, and Patrick Lindsey Esquire, Members of that House, may attend this House, in order to be examined, as Witnesses, upon the Bill, intituled, "An Act to disable Alexander Wilson Esquire from taking, holding, or enjoying, any Office or Place of Magistracy in the City of Edinburgh, or elsewhere in Great Britain; and for imprisoning the said Alexander Wilson; and for abolishing the Guard kept up in the said City, commonly called The Town Guard, and for taking away the Gates of The Nether Bow Port of the said City, and keeping open the same," which is appointed to be read a Second Time on Tuesday next; when Counsel are to be heard as well for as against the same."

And a Message was sent to the House of Commons accordingly.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, secundum diem Maii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.