House of Lords Journal Volume 24: March 1732, 11-20

March 1732, 11-20

DIE Lunæ, 13^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Abingdon's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting several Manors and Hereditaments, the Estate of Mountague Earl of Abingdon, in the Counties of Wilts, Oxon, Bucks, and Berks, in Trustees, to be sold, for raising Money, to discharge Debts and Incumbrances."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Gace's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for selling Part of the Estate of Joseph Gace Esquire, for discharging several Debts and Incumbrances affecting the same."

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

Their Lordships, or any Five of them; to meet on Tuesday the 28th Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sir Robert Furnese and Edgecumbe's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower Sir Robert Furnese Baronet to transfer and pay unto Richard Edgecumbe Esquire certain Government Securities and Money, therein mentioned; and for settling Lands, of equal Value, upon the same Trusts."

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

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

Wilson and Lanrick against Murray & al.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of John Neilson of Chappell, and James Lanrick of Ladylands, to which John Murray and others are Respondents.

And the Appellants Counsel being heard;

As also One Counsel for the Respondents:

They were directed to withdraw.

And being withdrawn:

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

Purton Common to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing and dividing a Common Pasture Ground, called Momes Leaze, situate and lying in the Parish of Purton, in the County of Wilts."

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

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

Bishop of Ely against Dr. Bentley:

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, wherein Thomas Lord Bishop of Ely is Plaintiff, and Dr. Bentley Master of Trimty College is Defendant."

Errors to be argued.

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

Browns' Petition, to put off Murphy's Appeal, rejected.

A Petition of William Brown, and Hugh Brown an Infant, Respondents to the Appeal of Samuel Murphy, was presented, and read; praying, "That the hearing the said Appeal, which stands for Wednesday next, may be adjourned to such Time as to the House shall seem meet; in regard the Suit in the Ecclesiastical Court in Ireland, in relation to the alledged Illegitimacy of the Appellant, is still depending."

It is Ordered, That the said Petition be rejected.

Adjourn.

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

DIE Martis, 14^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act to encourage and compel George Robinson Esquire and John Thomson to appear, and produce the Books, and discover the Effects, of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest; and to be examined thereupon, at the Times and Places therein mentioned;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act to oblige the Justices of the Peace, at their General or Quarter Sessions, to determine Appeals made to them, according to the Merits of the Case, notwithstanding Defects of Form in the Original Proceedings; and to oblige Persons suing forth Writs of Certiorari, to remove Orders made on such Appeals into His Majesty's Court of King's Bench, to give Security to prosecute the same with Effect;" to which they desire the Concurrence of this House.

Neilson and Lanrick against Murray & al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of John Neilson of Chappell, and James Lanrick of Ladylands; complaining, "That they are aggrieved by several Interlocutory Sentences of the Lords of Session in Scotland, of the 28th of June 1727, and 20th of July 1728, and in January 1728, and by the Interlocutors of the 18th and 22d of February 1728, the 28th of July 1730, and November 1730, and the 5th of February then next following, made on the Behalf of John Murray, Son to Gilbert Murray, John M' Jore, and James Frazer of Cocklicks;" and praying, "That the same may be reversed:" As also upon the joint and several Answer of the said John Murray, John M'Jore, and James Frazer, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Interlocutors affirmed.

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

Robinson and Thompson to appear, concerning the Charitable Corporation, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to encourage and compel George Robinson Esquire and John Thomson to appear, and produce the Books, and discover the Effects, of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest; and to be examined thereupon, at the Times and Places therein mentioned."

Conference to be desired ab ut it.

Ordered, That a Conference be desired with the House of Commons, to the End, that the Grounds upon which the last mentioned Bill proceeded in that House might appear the more plainly to the Lords.

Then the Lords following were appointed a Committee, to prepare what shall be offered to the Commons at the Conference:

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Buswell's and Horton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Estates, in the Counties of Stafford, Leicester, Rutland, and Northampton, late the Estates of Sir Eusebius Buswell Baronet, deceased, in Trustees, to be sold, for the Payment of his Debts."

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

Their Lordships, or any Five of them; to meet on Wednesday the 29th Day of this Instant March, at the same Place; and to adjourn as they please.

Mills, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Two undivided Fourth Parts of the Manor of Greatham, and of other Lands and Hereditaments, in the County of Sussex, the Estate of Barbara Mill and Frances Mill Spinsters, in Trustees, to enable them to join in the Sale of the said entire Manor, Lands, and Hereditaments, for raising Portions for them and their Two Sisters."

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

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

Cortissos against Mendes.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Joseph Cortissos of London Gentleman is Appellant, and James Anthony and Lewis Mendes are Respondents:"

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

Easton & al. against Stirling.

Upon reading the Petition and Appeal of Robert Easton and William Spears, Feuers of Denny, for themselves, and in Name and Behalf of their Tenants and others concerned; complaining of several Interlocu tors of the Lords of Session in Scotland, of the 3d of December 1723, the 15th of February 1727, the 31st of January, the 1st and 20th Days of February, and the 17th of June 1729, the 7th of January, the 4th and 7th of February; Two Interlocutors of the 4th of July, the 8th and 10th of the same July, and 25th of November 1730, the 25th of June, the 9th, and Two Interlocutors of the 28th of July; and One of the 23d of December 1731, and of the 2d, 5th, and 25th of February last, made on the Behalf of William Stirling of Harbertshire; and praying, "That the said Interlocutors may be reversed:"

It is Ordered, That the said William Stirling may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the 11th Day of April next; and that Service of this Order upon the Agent or Procurator of the said Respondent in the Court below be deemed good Service.

Ross to enter into a Recognizance for Rickart.

The House being moved, "That Mr. Alexander Ross may be permitted to enter into a Recognizance for James Hepburn Rickart Esquire, on account of his Appeal depending in this House; he being in Scotland:"

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

Bindon against Ryves:

The House was informed, "That a Person attended, in order to deliver in Copies of Minutes, and a Decree, in the Cause wherein David Bindon Merchant is Appellant, and William Ryves is Respondent."

Papersproved.

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

And then he was directed to withdraw.

Adjourn.

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

DIE Mercurii, 15^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Vis. Stormont against Henderson & al.

The joint and several Answers of John Henderson and others, to the Number of Sixty-eight, to the Appeal of David Viscount of Stormont:

Rickart against E. Hoptoun.

As also, the Answer of Charles Earl of Hoptoun, to the Appeal of James Hepburn Rickart of Keith Esquire;

Were brought in.

For Recovery of Debts in America, Bill.

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

With a Bill, intituled, "An Act for the more easy Recovery of Debts in His Majesty's Plantations and Colonies in America;" to which they desire the Concurrence of this House.

Woolwich Church to rebuild, Bill.

A Message was brought from the House of Commons, by Sir Roger Meredith and others:

With a Bill, intituled, "An Act for re-building the Parish Church of Woolwich, in the County of Kent, as One of the Fifty new Churches directed to be built by Two Acts of Parliament, One made in the Ninth, and the other in the Tenth, Year of the Reign of Her late Majesty Queen Anne;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

Meads for a Conference on Mr. Robinson and Thomson's Bill:

The Lord Delawarr reported from the Lords Committees appointed to prepare what shall be offered to the Commons, at a Conference, upon the Subject-matter of the Bill, intituled, "An Act to encourage and compel George Robinson Esquire and John Thomson to appear, and produce the Books, and discover the Effects, of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest; and to be examined thereupon, at the Times and Places therein mentioned:" "That the Committee had prepared what they conceived was proper to be offered to the Commons, at the Conference; which is as follows:

"The Lords, having entered upon the Consideration of the said Bill, which they received from the Commons, and having read the same the First Time, do observe, that the Matters of Fact suggested in the said Bill, as the Ground and Foundation upon which it seems to have proceeded in the House of Commons, not appearing sufficiently before the Lords; their Lordships have desired this Conference, that they may have the Assistance of the Commons, in laying the State of the said Matters of Fact more fully before their Lordships."

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

Message to H. C. for the Conference.

Then a Message was sent to the House of Commons, by Mr. John Bennet and Mr. Lightboun:

To desire a present Conference with that House, in the Painted Chamber, upon the Subject-matter of the said Bill.

Sir Francis Henry Drake's Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for advancing and applying Four Thousand Pounds, Part of the Portion of Dame Anne Drake, Wife of Sir Francis Henry Drake Baronet; and for leasing out certain Lands and Hereditaments, in the County of Devon, for Lives, according to the Custom of the Country," was committed: "That they had considered the said Bill, and examined the Allegations thereof; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Pool and Bathurst's Bill.

The Earl of Shaftesbury also reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Manor of Kemble and Poole, in the County of Wilts, late the Estate of Henry Poole Esquire, deceased, for the Purposes therein mentioned," was committed: "That the Committee had considered the said Bill, and examined the Allegations thereof; 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.

Lambe's Bill.

The Lord Gower reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Estate of John Lambe Esquire in Trustees, for raising Money, to discharge several Mortgages and other Debts and Incumbrances therein mentioned," was committed: "That the Committee had considered the said Bill, and examined the Allegations thereof; 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.

Kyffen, for Norton to amend his Appeal.

A Petition of William Kyffin Esquire, One of the Respondents to the Appeal of Ralph Norton, was presented, and read; praying, "In regard the Order of the Court of Chancery, of the 15th of December last, appealed from, was not, at the Time of exhibiting the Appeal, drawn up or passed; and that the Minutes thereof, upon which the said Appeal is founded, were mistaken; that the Appellant may be required forthwith to amend his Appeal, in the Manner the said Order is drawn up, as also the Petitioner's Copy; so that the Petitioner may put in another Answer in such Time, as that the Cause may be brought on to a Hearing on the Day appointed."

It is Ordered, That the said Petition be taken into further Consideration To-morrow; and that the Solicitors on both Sides, as also one Thomas Sutton Clerk to Mr. Roouch, do then attend this House.

Orders touching Bye-days for hearing Causes.

The House (according to Order) took into Consideration the Motion made on Friday last, in relation to the Appointment of Bye-days for hearing of Causes.

And thereupon the following Order was made:

"Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, for the future, no Motion shall be granted, for appointing a Bye-day for the hearing of any Cause, the same Day it is made; but that a future Day be appointed, for considering such Motion; and the Lords to be summoned."

Conference on Robinson and Thompson's Appeal.

The Messengers sent to the House of Commons, to desire a present Conference with that House, return Answer:

That they do agree to a present Conference, as desired.

Ordered, That the Committee appointed to prepare what shall be offered to the Commons at the Conference be the Managers of the Conference.

The House being informed, "That the Commons were ready, in the Painted Chamber:"

The Names of the Managers for the Lords were called over.

Then the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That they had met the Managers for the Commons, at the Conference; and had left with them what they were directed."

Murphy against Brown: Trial to be had, whether the Appellant be illegitimate.

Counsel (according to the Order of the 21st of January last) were called in, to be heard, in the Cause wherein Samuel Murphy, styled Son and Heir of Samuel Murphy, late of Cork, in the Kingdom of Ireland, deceased, is Appellant, and William Brown and Hugh Brown his Son, an Insant, are Respondents.

And the Counsel for the Respondents acquainted the House, "That they having pleaded, in their Answer, that the Appellant was not the lawful Son of the said Samuel Murphy deceased; a Suit was now depending, in the Consistorial Court of the Diocese of Cork, in the said Kingdom; and therefore desired the Appeal might be dismissed, or a sufficient Time allowed to make out the alledged Illegitimacy of the Appellant."

Whereupon the Appellant's Counsel was likewise heard, in relation to what was offered by the Counsel on the other Side.

And then they were directed to withdraw.

And being withdrawn:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Court of Chancery in Ireland do give proper Directions, that an Issue be speedily tried, in a Court of Law there, "Whether the Appellant is Son and Heir of Samuel Murphy, late of Cork, in the Kingdom of Ireland, deceased;" and, after such Trial had, either Party to be at Liberty to resort back to this House; and, in the mean Time, all further Directions to be respited.

Swinburne & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of William Swinburne and others was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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 raising Money, out of the Estate late of Surtees Swinburne Esquire, deceased, for compounding and paying the Portions charged thereon, to his Younger Sons William and Robert Swinburne; and for paying the Debts of Cuthbert Swinburne Esquire, deceased."

Lady Gerard, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Dame Elizabeth Gerard was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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 Estate of Sir William Gerard, Baronet, a Lunatic, for Payment of his Debts; and other Purposes therein mentioned."

Obitging Justices to proceed at Quarter Sessions, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to oblige the Justices of the Peace, at their General or Quarter Sessions, to determine Appeals made to them, according to the Merits of the Case, notwithstanding Desects of Form in the original Proceedings; and to oblige Persons suing forth Writs of Certiorari, to remove Orders made on such Appeals into His Majesty's Court of King's Bench, to give Security to prosecute the same with Effect."

Ordered, That the said Bill be read a Second Time on Friday Sevennight; and the Lords to be summoned.

Conference desired by the Commons, on Robinson and Thomson's Bill.

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

To desire a Conference with this House, upon the Subject-matter of the last Conference.

To which the House agreed.

And the Messengers were called in, and told, "That the Lords do agree to a Conference, as desired; and appoint it presently, in the Painted Chamber."

Ordered, That the Managers of the last Conference be the Managers of this Conference.

Hepburn Rickart against E. Hoptoun.

The House being moved, "That a Day be appointed, for hearing the Cause wherein James Hepburn Rickart of Keith Esquire is Appellant, and Charles Earl of Hoptoun Respondent:"

Hearing appointed.

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.

Conference had.

The House being informed, "That the Commons were ready for the Conference, in the Painted Chamber:"

The Managers Names for the Lords were read.

And the House was adjourned during Pleasure; and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That they had met the Managers for the Commons, at the Conference; which, on their Part, was managed by Mr. Sandys; who delivered to the Managers for the Lords a Paper to the Effect following; (videlicet,)

"Your Lordships having, at a Conference, desired the Assistance of the Commons, in laying more fully before your Lordships the State of the Matters of Fact, upon which the Bill, intituled, "An Act to encourage and compel George Robinson Esquire and John Thomson to appear, and produce the Books, and discover the Effects, of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest; and to be examined thereupon at the Times and Places therein mentioned," was grounded: The Commons have commanded us to acquaint your Lordships, that the Facts upon which the said Bill were grounded were a Commission of Bankruptcy, awarded against George Robinson Esquire, upon the Application of the Charitable Corporation, bearing Date the 18th Day of October 1731, directed to Edward Green Esquire and others Commissioners, and their Proceedings thereupon; and likewise a Commission of Bankruptcy awarded against John Thomson, upon the Application of the said Corporation, of the same Date, directed to Charles Moor Esquire, and others Commissioners, and their Proceedings thereupon; and also upon the Evidence of Mr. John Gratwick Clowse Secretary to the said Commissions, and John Hodson Messenger to the same, and Mr. John Venables Accomptant to the said Charitable Corporation; which, in the Opinion of the Commons, did make out the Allegations in the said Bill."

Papers to be laid before the House, and Persons to attend.

Ordered, That there be laid before this House, To-morrow Morning, the Commission of Bankruptcy awarded against George Robinson Esquire, upon the Application of the Charitable Corporation, bearing Date the 18th Day of October 1731, and the Proceedings of the Commissioners thereupon; and likewise the Commission of Bankruptcy awarded against John Thomson, upon the Application of the said Corporation, of the same Date, and the Proceedings of the Commissioners on that Commission.

Ordered, That Mr. John Gratwick Clowse Secretary to the said Commissions, and John Hodson Messenger to the same, do attend this House To-morrow.

Ordered, That Mr. John Venables, Accomptant to the said Charitable Corporation, do also attend this House To-morrow.

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein George Arbuthnot and Charles Irvine are Appellants, and Joseph Read and William Marsland are Respondents:

It is Ordered, That the hearing the said Cause be put off to Friday next; and the other Causes removed in Course.

Adjourn.

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

DIE Jovis, 16^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Poole and Bathurst's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Kemble and Poole, in the County of Wilts, late the Estate of Henry Poole Esquire, deceased, for the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Woolwich Church to rebuild, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for re-building the Parish Church of Woolwich, in the County of Kent, as One of the Fifty New Churches directed to be built by Two Acts of Parliament, One made in the Ninth, and the other in the Tenth, Year of the Reign of Her late Majesty Queen Anne."

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

Their Lordships, or any Five of them; to meet on Monday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sir F. H. Drake's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for advancing and applying Four Thousand Pounds, Part of the Portion of Dame Anne Drake, Wife of Sir Francis Henry Drake Baronet; and for leasing out certain Lands and Hereditaments, in the County of Devon, for Lives, according to the Custom of the Country."

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.

For Recovery of Debts in America, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more easy Recovery of Debts, in His Majesty's Plantations and Colonies in America."

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

Sugar Colonies in America, Bill.

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

With a Bill, intituled, "An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be read a 2d Time on this Day Sevennight; and the Lords to be summoned.

Ordered, That the said Bill be printed.

Lambe's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of John Lambe Esquire in Trustees, for raising Money, to discharge several Mortgages, and other Debts and Incumbrances therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Norton to amend his Appeal.

The House (according to Order) proceeded to take into further Consideration the Petition of William Kyffin Esquire, One of the Respondents to the Appeal of Ralph Norton.

And the Solicitors on both Sides attending, they were called in; and examined, upon Oath, at the Bar, in relation to the Order of the Court of Chancery appealed from, pronounced the 15th of December last; as also the Delay in drawing up, entering, and passing, the same.

And being withdrawn:

It is Ordered, That the Appellant do forthwith amend his Appeal, according to the said Order, as now settled and passed; and that he do also amend the Respondent's Copy, who is at Liberty to put in another Answer to the said Appeal.

Method of drawing up Decrees in Courts of Equity to be considered.

Notice was taken to the House, of the Distance of Time there appeared to be between the making of Orders, and drawing up and settling them:

The Lord Chancellor intimated to their Lordships, One Reason of the Delay was, from the Solicitors generally taking Copies of the Minutes, and meeting together to settle the Order."

The Lords before named were appointed a Committee, to consider of the Method of drawing up, entering, and passing, Decrees and Orders made in Courts of Equity; and to report to the House:

Their Lordships, or any Five of them; to meet at the usual Place, on Monday next; and to have Power to send for such Persons as they shall think fit.

Robinson and Thomson's Bill, Examination concerning:

The Order of the Day being read, for laying before this House the Commissions of Bankruptcy awarded against George Robinson Esquire and John Thomson, and the Proceedings thereupon:

Mr. John Gratwick Clowse, Secretary to the said Commission, was called in; and, at the Bar, delivered the said Commissions and Proceedings.

And withdrew.

And the same were read, by the Clerk.

Then the said Secretary was called in again; and examined, upon Oath, in relation to the Allegations in the Preamble of the Bill to encourage and compel the said George Robinson and John Thomson to appear, and produce the Books, and discover the Effects, of the Charitable Corporation.

And then he was directed to withdraw.

And John Hodson, Messenger to the Commissioners of Bankrupts, was likewise called in; and examined, upon Oath, in relation to the same Matter.

And withdrew.

And John Venables, Accomptant to the said Corporation, was also called in; and examined, upon Oath, touching the Allegations of the said Bill.

And then he was directed to withdraw.

Bill read.

Hodie 2^a vice lecta est Billa, intituled, "An Act to encourage and compel George Robinson Esquire and John Thomson to appear, and produce the Books, and discover the Effects, of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest; and to be examined thereupon, at the Times and Places therein mentioned."

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

Lady Gerard's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Sir William Gerard Baronet, a Lunatic, for Payment of his Debts, and other Purposes therein mentioned."

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

Their Lordships, or any Five of them; to meet on Friday the 31st Day of this Instant March, at the usual Time and Place; and to adjourn as they please.

Adjourn.

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

DIE Veneris, 17^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Raymond, Chief Justice of the Court of King's Bench, sat Speaker, by virtue of a former Commission.

L. V. Molesworth's Bill: Special Report.

The Lord Viscount Falmouth, from the Lords Committees to whom the Bill, intituled, "An Act for enabling Richard Lord Viscount Molesworth and his Brothers to make Leases for Lives, or Years determinable upon Lives, renewable for ever, of a Piece of Ground in the City of Dublin," was committed, acquainted the House, "That the Committee, upon proceeding in the said Bill, found only One Witness to prove the Consents of certain Persons concerned therein, whereas the Standing Order requires the Evidence of Two Persons; wherefore the Committee had directed this Matter to be specially reported to the House."

Then it being moved, "That the said Standing Order may be dispensed with in this Case:"

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

Randolph to be heard before the Committee, on the Bill about Debts in America.

Upon reading the Petition of Isham Randolph Esquire, Agent for the Colony of Virginia, in America; praying to be heard, by Counsel, against the Bill, intituled, "An Act for the more easy Recovery of Debts in His Majesty's Plantations and Colonies in America:"

It is Ordered, That the said Petition be referred to the Committee of the whole House to whom the said Bill stands committed; and that the Petitioner may be heard, by his Counsel, before the said Committee; as may also any Persons, by themselves or Counsel, for the Bill, at the same Time.

Volumes of Records in Mr. Burroughs's Possession to be lodged in the Parliament office.

Ordered, That William Burroughs Esquire, One of the Masters of the Chancery, do lodge or deposit in The Parliament Office the several Volumes of Manuscript Records which were delivered to him by the Clerk Assistant, pursuant to an Order of a Committee the 21st of March 1728, for inspecting Public Records.

Committee to consider Plantation Trade.

The Lords following were appointed a Committee, to consider of the State of the Plantation Trade, so far as relates to the Sugar Colonies in America; and to report to the House; (videlicet,)

Their Lordships, or any Five of them; to meet on Tuesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for exchanging, enclosing, and reducing into Severalty, several Common Fields, Common Meadows, and Waste Grounds, within the Manor and Township of Little Kineton, in the County of Warwick;" to which they desire the Concurrence of this House.

Robinson and Thomson to appear, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to encourage and compel George Robinson Esquire and John Thomson to appear, and produce the Books, and discover the Effects, of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest, and to be examined thereupon at the Times and Places therein mentioned."

And, after some Time spent therein, 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."

Mitchell's Bill.

Ordered, That the Committee appointed to meet To-morrow, on the Bill for Sale of the Estate of Thomas Mitchell deceased, do meet on Monday Morning next.

Arbuthnot and Irvine against Read and Marsland:

After hearing Counsel, upon the Petition and Appeal of George Arbuthnot and Charles Irvine, late of Rouen in France, Merchants and Partners; complaining of a Decretal Order of the Court of Chancery, of the 20th of May 1728, and the Order of the 9th of November following, confirming the same; and the Orders of the same Court, of the 27th of April 1730, and 17th of December 1731, made in a Cause wherein Joseph Read and William Marsland Merchants in London were Plaintiffs, and the Appellants Defendants; and praying, "That the same may be reversed; and that the Appellants may have such other Relief as to this House shall seem meet:" As also upon the Answer of the said Joseph Read and William Marsland put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Orders reversed, and new Directions given.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decretal Order, and the Order confirming the same, and the said subsequent Orders complained of in the said Appeal, be, and the same are hereby, reversed: And it is hereby further Ordered, That the Appellants do pay to the said Respondents the One Thousand One Hundred Eighty-seven Livres and Eighteen Sols, the Balance of the Accompt in the Appellants Answer to the Respondents Bill mentioned to have been sent by them to the Respondents in May 1723, in England, in English Money, according to the Course of Exchange, as it was in May 1723, when the Appellants sold the Respondents Tobacco, and received the Proceed thereof: And it is hereby further Ordered, That it be referred back to the Master in Chancery, to ascertain what the said One Thousand One Hundred Eighty-seven Livres and Eighteen Sols do amount unto in English Money, according to the Course of Exchange, as it was in May 1723, when the Appellants sold the Respondents Tobacco, and received the Proceed thereof, and to compute the Interest for the same, and add it to the Sum; and the said Master is to appoint Time and Place for the Payment of the said Sum so to be ascertained, together with the said Interest thereof; and the Appellants are hereby ordered to pay the same to the Respondents accordingly.

Swinburn's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for raising Money out of the Estate late of Surtees Swinburne Esquire, deceased, for compounding and paying the Portions charged thereon, to his Younger Sons William and Robert Swinburne, and for paying the Debts of Cuthbert Swinburne Esquire, deceased."

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

Their Lordships, or any Five of them; to meet on Saturday the First Day of April next, at Ten a Clock in the Forenoon, at the same Place; and to adjourn as they please.

Adjourn.

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

DIE Lunæ, 20^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Brown against Carvan.

The Answer of Francis Garvan Esquire, surviving Executor to the last Will of Celina White and Boyle White deceased, and One of the Respondents to the Appeal of Valentine Brown Esquire, was brought in.

Strangways Bill.

The Earl of Pomfret reported from the Lords Committees to whom the Bill, intituled, "An Act for making Leases of the Estate late of Thomas Strangeways Esquire, and Elizabeth late Dutchess of Hamilton his Sister (both deceased); and for applying the Money arising thereby for the Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.

L Montjoy's Privilege.

Complaint was made to the House, and Oath made at the Bar, "That Richard Bissell Junior, John Parry, John Rowland Junior, Nicholas Taylor, John Reynolds alias Philips, Charles Hawker, John Floyd, Charles Jones, Thomas Reese, Flock Kenrick, Thomas Perkes, Thomas Smithen, and Thomas Reynolds, had, within the Time of Privilege of Parliament, cut down certain Locks or Sluices upon the River Avon, in the Counties of Worcester and Gloucester, or caused the same to be done, or assisted in the doing thereof, belonging to Thomas Lord Montjoy, a Member of this House.

Then a Petition of Thomas Reynolds, on Behalf of himself and divers other Persons trading in Coals on the River Avon, in the Counties of Worcester and Gloucester, was presented, and read; praying Liberty to be heard, in his Defence, before any Censure be passed, or Punishment inflicted.

And the House being moved, "That the said Persons complained of be all taken into Custody:"

Bissell, Parry, & al. to be attached, for cutting down Locks on the River Avon.

It is Ordered, That the Serjeant at Arms attending this House do forthwith attach the Bodies of the said Richard Bissell, John Parry, John Rowland, alias Philips, Charles Hawker, John Floyd, Charles Jones, Thomas Reese, Flock Kenrick, Thomas Perkes, and Thomas Smithen, and bring them in safe Custody to this House, to answer their said Offences; and that Thomas Reynolds, being in Town, be likewise attached by the Gentleman Usher of the Black Rod.

Robinson and Thomson to appear; Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to encourage and compel George Robinson Esquire and John Thomson to appear, and produce the Books, and discover the Effects, of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest; and to be examined thereupon at the Times and Places therein mentioned."

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. Thomas Bennet and Mr. Spicer:

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

Woolwich Church to rebuild, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for rebuilding the Parish Church of Woolwich, in the County of Kent, as One of the Fifty new Churches directed to be built by Two Acts of Parliament, One made in the Ninth, and the other in the Tenth, Year of the Reign of Her late Majesty Queen Anne," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Then the said Bill was read the Third Time.

And the Question being 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.

Brown against Lavallin & al.

Whereas this Day was appointed, for hearing the Cause wherein Valentine Brown Esquire is Appellant, and James Lavallin Esquire and others are Respondents:

Causes put off.

It is Ordered, That the hearing the said Cause be put off till Wednesday next, and the other Causes on Cause-days removed in Course.

L. V. Molesworth's Bill:

The House (according to Order) took into Consideration the Motion made on Friday last, to dispense with the Standing Order, in relation to the Witnesses requisite to prove the Consents to the Bill, intituled, "An Act for enabling Richard Lord Viscount Molesworth and his Brothers to make Leases for Lives, or Years determinable upon Lives, for ever, of a Piece of Ground in the City of Dublin:"

Standing Order dispensed with.

It is Ordered, That the said Standing Order be dispensed with in this Case; and that all the Lords this Day present, which are not named of the Committee on the said Bill, be added thereunto.

Little Kineton Common Fields to enclose, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for exchanging, enclosing, and reducing into Severalty, several Common Fields, Common Meadows, and Waste Grounds, within the Manor and Township of Little Kineton, in the County of Warwick."

Address for Papers touching Recovery of Debts in America.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to cause to be laid before this House, the Report of the Commissioners for Trade and Plantations, of the 21st of January last, to His Majesty, on the Petition of several Merchants of London, for the more easy Recovery of Debts in the Plantations."

Also, "His Majesty's Instructions to His Governor of Jamaica, directing him to recommend to the Assembly the passing a Law for the more easy Recovery of Debts."

Also, "The Journal of the Assembly of Virginia, in June 1730, relating to a Clause proposed for the proving of Debts, by Persons living out of that Colony."

And also, "The Act of the Assembly of Virginia, declaring how long Judgements, Bonds, Obligations, and Accompts, shall be in Force; for the Assignment of Bonds and Obligations; directing what shall be sufficient in such Cases; and ascertaining the Damage upon protested Bills of Exchange."

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

Witnesses to attend Committee on the Bill for Recovery of Debts in America.

Ordered, That Roger Goodcheap and John Walkley do attend the Committee of the whole House to whom the Bill for the more easy Recovery of Debts in His Majesty's Plantations and Colonies in America stands committed, in order to be examined in relation to the said Bill.

West and Erisey Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Mary and Frances West, by their Father and Guardian, and of Mary Erisey, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to establish and confirm an Agreement made between John West Esquire, on the Behald of his Daughters Mary West and Frances West Infants, Sir Francis Vyvyan Baronet, and Mary Erisey; and to render the same effectual."

Bromley & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Henry Bromley Esquire, and of the Master, Fellows, and Scholars, of Pembrokehall, in the University of Cambridge, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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 exchanging of certain Lands, between Henry Bromley Esquire, and the Master, Fellows, and Scholars, of Pembroke-hall, in the University of Cambridge."

Land Tax Bill.

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

With a Bill, 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 Thirty-two;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand; and 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, they attend Him immediately, in this House."

Who being come, with their Speaker;

The Clerk of the Crown read the Titles of the several Bills to be passed, severally, as follow:

Bills passed.

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

"2. An Act to encourage and compel George Robinson Esquire and John Thomson to appear, and produce the Books, and discover the Effects, of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest; and to be examined thereupon at the Times and Places therein mentioned."

"3. An Act for re-building the Parish Church of Woolwich, in the County of Kent, as One of the Fifty new Churches directed to be built by Two Acts of Parliament, One made in the Ninth, and the other in the Tenth, Year of the Reign of Her late Majesty Queen Anne."

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

"Le Roy le veull."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

L. Dunsany against Shaw & al.:

The House being informed, "That Richard Brereton attended, and desired to deliver in several Pleadings and Proceedings, in the Cause wherein Randal Lord Dunsany is Appellant, and Thomas Shaw and others are Respondents:"

Pleadings proved.

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

And then he withdrew.

Mitchell's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estate of Thomas Mitchell deceased, lying in the County of Warwick, for Payment of the Debts charged thereupon; and for making Provision for his Widow and Infant Children," was committed: That they had considered the said Bill, and examined the Allegations thereof; 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.

Adjourn.

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