House of Lords Journal Volume 27: March 1748, 21-31

March 1748, 21-31

DIE Martis, 22^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Countess of Kildare against Burton & al.

The several Answer of Robert Burton of the City of Dublin Esquire, and others, to the Appeal of Mary Countess of Kildare and others, was brought in.

L Rolle introduced:

Henry Rolle Esquire, being, by Letters Patent, dat. 8^o Januarii, 21^o Georgii 2^di Regis, created Lord Rolle, Baron of Stevenstone in the County of Devon, was (in his Robes) introduced, between the Lord Edgecumbe and Lord Feversham (also in their Robes), the Gentleman Usher of the Black Rod and Garter King at Arms preceding.

The Lord Rolle, on his Knee, presented his Patent to the Lord Chancellor, at the Woolsack, who delivered it to the Clerk, and the same was read, at the Table.

His Writ of Summons.

His Writ of Summons was also read, as follows, (videlicet,)

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, To Our Right Trusty and Well-beloved Henry Rolle Chevalier, Greeting Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, is now met, at Our City of Westminster, We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, waving all Excuses, you be personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice, and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Ninth Day of January, in the Twenty-first Year of Our Reign.

"Yorke and Yorke"

L Bernard takes the Oaths.

Then his Lordship, together with Gilbert Lord Bernard, having taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes, was afterwards placed on the lowest End of the Barons Bench.

Fox & al Pet. referred to Judges.

Upon reading the Petition of James Fox Esquire, Sackville Fox Esquire, and George Fox on the Behalf of himself and Robert Fox Esquire, his only Son, an Infant under the Age of Twenty-one Years, and John Bridges Esquire, praying Leave to bring in a Bill, for confirming an Agreement, in the Petition mentioned, between the Petitioners James Fox and John Bridges, for exchanging certain Lands, in the Parish of Cobham, in the County of Surrey, and for rendering the said Agreement more effectual for the Purposes therein intended.

It is Ordered, That the Consideration of the said Petit on be, and is hereby, referred to Mr Justice Dennison and Mr Justice Burnett, with the usual Directions, according to the Standing Order.

Land Tax Bill.

A Message was brought from the House of Commons, by Mr Fane 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 Forty-eight," to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by the Lord Baltimore and others.

Inheritance to Mr Walter, granting, Bill.

With a Bill, intituled, "An Act to enable His Majesty to grant the Inheritance of the Manors of Wookeing, Chabham, and Bagshott, and other Lands and Hereditaments, in the County of Surrey, to Abel Walter Esquire and his Heirs," to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Weddells Bill.

The Lord Archbishop of York reported from the Committee to whom the Bill, intituled, "An Act to enable Richard Weddell Esquire (lately called Richard Elcock) and his Issue to take and bear the Surname and Arms of Weddell, pursuant to the Will of Thomas Weddell Esquire, deceased, and for empowering the said Richard Weddell and those in Remainder after him to make Leases of the Estates devised to him and them by the said Will," was committed "That the Committee had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment"

Ordered, That the said Bill be engrossed.

Countess of Kildare against Burton & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Mary Countess of Kildare and others are Appellants, and Robert Burton Esquire and others Respondents"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Second Day for Causes after the Recess at Easter.

Message from H C to return André's Nat Bill.

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

To return the Bill, intituled, "An Act for naturalizing Anthony Andre and David André," and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Mutiny Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters"

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

It was Resolved in the Affirmative.

Stratford and other Places, furnishing with Water, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for empowering George Montgomerie and Thomas Byrd Esquires, and Ezra Patching, to complete an Undertaking, for furnishing the Inhabitants of the several Parishes and Places of Stratford, Westham, Bow, Bromley, Mile End, Stepney, and other Parishes and Places adjacent, with Water, and for better securing then Property in such Undertaking"

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

It was Resolved in the Affirmative.

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

And Messages were severally ordered to be sent to the House of Commons, by Mr Allen and Mr Montague

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

Gore & al Leave for a Bill, for Sale of the late Sir Orlan to Humfrey's Estate.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Charles Gore, of Tring in the County of Hertford, Esquire, and others, praying Leave to bring in a Private Bill.

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Sale of certain Lands, in the Parishes of Barking and Dagenham, in the County of Essex, Part of the Estate of the late Sir Orlando Humfreys Baronet, deceased, for the Purposes therein mentioned"

Countess of Kildare & al. against Burton & al,

The House being informed, "That a Person attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein Mary Countess of Kildare and others are Appellants, and Robert Burton Esquire and others Respondents"

Pleadings proved.

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

And then he was directed to withdraw.

Adjourn.

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

DIE Mercurii, 23^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Fredericus Princeps Walliæ.

PRAYERS.

Lords take the Oaths.

Sackville Earl of Thanet, Lawrence Earl Ferrers, Henry Earl of Uxbridge, and William Lord Talbot, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Inheritance to Mr Walter, granting, 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 His Majesty to grant the Inheritance of the Manors of Wooking, Chabham, and Bagshott, and other Lands and Hereditaments, in the County of Surrey, to Abel Walter Esquire and his Heirs, was pleased to consent (so far as the Interest of the Crown was concerned) that then Lordships may proceed thereupon as they shall think fit"

Then the said Bill was read a Second Time.

Ordered, That the same be committed to the Consideration of the Lords following, (videlicet,)

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

Land Tax Bill.

Hodie 2^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 Forty-eight."

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

Petition of the High Sheriff of Bucks & al. against Assizes Bill:

Upon reading the Petition of the High Sheriff and Grand Jury of the County of Buckingham, representing it as then Opinion, "That very great Inconvenience will be brought upon such of the Inhabitants of the said County as are by Law obliged to attend the Assizes, in case the Bill, intituled, "An Act for holding the Summer Assizes for the County of Buckingham, at the County Town of Buckingham," should pass into a Law," and praying, "That the same may not pass"

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

Buckingham Assizes Bill:

The Order of the Day being read, for the Second Reading of the last mentioned Bill.

The same was accordingly read a Second Time.

Proposed, "To commit the Bill"

Which being objected to.

An Act, made in the 6th Year of the Reign of King Richard the Second, intituled, "Justices of Assize, &c. shall hold their Sessions in principal Towns,"

And also, an Act, made in the 11th Year of the same Reign, intituled, "The keeping of Assizes in good Towns referred to the Consideration of the Chancellor and Justices, &c,"

Were both read.

Questions to the Judges.

And the Lord Chief Justice of the Court of King's Bench having delivered the Opinions of the Judges upon the Two following Questions, to them severally put, (videlicet,)

1. "Who (as the Law now stands) have the Right of appointing the Places where the Assizes are to be held?"

2 "Whether the King, notwithstanding the Statute 11th Richard 2d, may not appoint the Commissions of Oyer and Termmer and Gaol Delivery to be executed at what Places He pleases within the respective Counties?"

And after long Debate in relation to the said Bill.

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

It was Resolved in the Affirmative.

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

Gore & al to sell the Estate of the late Sir Orlando Humfreys, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of certain Lands, in the Parishes of Barking and Dagenham, in the County of Essex, Part of the Estate of the late Sir Orlando Humfreys Baronet, deceased, for the 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 Thursday the 7th Day of April next, at the usual Time and Place, and to adjourn as they please.

Committee shortening.

The House being moved, "That the Standing Order requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, may be so far dispensed with, as that the Committee to whom the last mentioned Bill stands committed may meet on an earlier Day than now appointed, in regard the Session is far advanced"

Ordered, That the said Motion be taken into Consideration To-morrow, and the Lords to be summoned.

Weddell's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Richard Weddell Esquire, lately called Richard Elcock, and his Issue, to take and bear the Surname and Arms of Weddell, pursuant to the Will of Thomas Weddell Esquire, deceased, and for empowering the said Richard Weddell and those in Remainder after him to make Leases of the Estates devised to him and them by the said Will."

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. Sawyer and Mr. Montague

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

Adjourn.

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

DIE Jovis, 24^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Campbell against Campbell.

The Joint and several Answer of Mrs. Jean Campbell Widow and others, to the Appeal of Magdalen Cochrane, otherwise Kennedy, assuming to herself, by the said Appeal, the Surname of Campbell, and the Description of Widow, Relict, and Administratrix, of Captain John Campbell, was brought in.

Langwith &c. Commons, enclosing, Bill.

A Message was brought from the House of Commons, by the Lord Marquis of Hartington and others.

With a Bill, intituled, "An Act for enclosing certain Common Pasture Grounds, within the Manors and Parishes of Langwith and Plesley, and the Hamlets of Stoney Houghton and Shirbrook, in the said Parishes, in the County of Derby," to which they desire the Concurrence of this House.

Holton Lands, enclosing, Bill.

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

With a Bill, intituled, "An Act for confirming and establishing Agreements, for enclosing and exchanging Lands in Holton, in the County of Lincoln, and for rendering the same more effectual for the Purposes thereby intended," to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Inheritance to Mr Walter, granting, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable His Majesty to grant the Inheritance of the Manors of Wookeing, Chabham, and Bagshott, and other Lands and Hereditaments, in the County of Surry, to Abel Walter Esquire and his Heirs," 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."

Gore & al Bill, to sell the Estate late of Sir Orlando Humfreys, Committee shortened.

The Order of the Day being read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, so as that the Committee to whom the Bill, intituled, "An Act for the Sale of certain Lands, in the Parishes of Barking and Dagenham, in the County of Essex, Part of the Estate of the late Sir Orlando Humfreys Baronet, deceased, for the Purposes therein mentioned," stands committed, may meet on an earlier Day than is appointed, in regard the Session is very far advanced.

And Consideration being had thereof accordingly.

Ordered, That the said Standing Order be so far dispensed with, in this Case, that the said Committee may meet, to consider of the said Bill, on Wednesday next.

Message from H C to return the Bill for Burton to take the Name of Lingen.

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

To return the Bill, intituled, "An Act to enable Robert Burton, lately called Robert Lingen, and the Heirs Male of his Body, to take and use the Surname of Burton only, pursuant to the Will of Thomas Burton Esquire, deceased," and to acquaint this House, that they have agreed to the same, without any Amendment.

Bayly against Fleming & al.

Upon reading the Petition and Appeal of Fleming Bayly Gentleman, complaining of a Decree of the Court of Exchequer in Ireland, of the 8th of February last, made in a Cause wherein the Appellant was Plaintiff, and John Bayly of the City of Dublin Gentleman and Thomas Fleming of Belvile in the County of Cavan Esquire were Defendants, and praying, "That the same may be reversed, and that this House will make such other Order, for the Appellant's Relief, as to their Lordships great Wisdom and Justice shall seem meet."

It is Ordered, That the said John Bayly and Thomas Fleming may have a Copy of the said Appeal, and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 28th Day of April next, and that Service of this Order on the Respondents Attorney in the said Court of Exchequer be deemed good Service.

Williams & al Pet referred to Judges.

Upon reading the Petition of Richard Williams of Stoke next Nayland in the County of Suffolk Esquire, Eldest Son of Sir John Williams late of London Knight, deceased, by Dame Mary Williams his Wife, also deceased, and Sarah Williams Wife of the said Richard Williams, and John Wood of the Parish of St. George in the Fields in the County of Middlesex Gentleman, Edward Mountney of Golden Square in the said County of Middlesex Gentleman, and Francis Salmon of Great Oakley in the County of Essex Gentleman, Assignees under a Commission of Bankruptcy lately awarded against the said Richard Williams, praying Leave to bring in a Bill, for Sale of a competent Part of the Paternal Estate of the Petitioner Richard Williams, for raising Money, to discharge his Debts and Encumbrances in the Petition mentioned, and for other Purposes therein expressed.

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

Keck & al Pet referred to Judges.

Upon reading the Petition of Anthony Keck of Lincoln's Inn in the County of Middlesex Esquire, Eldest Son and Heir of the Reverend David James late of Woughton in the County of Bucks Clerk, deceased, and One of the Grandsons and Devisees named in the last Will, and also Heir at Law, of Anthony Keck late of Southampton Street Bloomsbury in the County of Middlesex Gentleman, deceased (and which said Anthony Keck of Lincoln's Inn is in the said Will called, and was lately known, by the Name of Anthony James, and hath since, by virtue of an Act of Parliament for that Purpose had and obtained, taken upon himself and used the said Name of Anthony Keck), and also of Ann Keck, Wife of the first-named Anthony Keck, the said Anthony Keck and Ann his Wife petitioning as well for themselves, as on the Behalf of Anthony James Keck, George William Anthony Keck, and David Anthony Keck, their Three Sons, who are all Infants, praying Leave to bring in a Bill, for making void a Contract with the Lord Feversham, for the Purchase of Lands in Leicestershire, and to enable the Trustees of a late Act of Parliament to sell certain Estates, in the Petition mentioned.

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

Thorbeeke's Nat Bill.

Upon reading the Petition of John Thorbeeke; praying Leave to bring in a Bill, for his Naturalization.

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

Accordingly, the Earl of Warwick presented to the House a Bill, intituled, "An Act for naturalizing John Thorbeeke"

And the same was read the First Time.

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the 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 Forty-eight"

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."

Adjourn.

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

DIE Veneris, 25^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Fredericus Princeps Walliæ.

PRAYERS.

Lockhart against Dickson.

The Answer of David Dickson, to the Appeal of George Lockhart of Carnwath Esquire, was brought in.

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 Fortyeight."

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

It was Resolved in the Affirmative.

Inheritance to Mr Walter, granting, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable His Majesty to grant the Inheritance of the Manors of Wookeing, Chabham, and Bagshott, and other Lands and Hereditaments, in the County of Surry, to Abel Walter Esquire and his Heirs."

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

It was Resolved in the Affirmative.

Message to H C that the Lords have agreed to the preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr Allen and Mr. Montague

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

Messages from thence, to return Earl Brooke's Bill.

A Message was brought from the House of Commons, by Sir Hugh Smithson and others.

To return the Bill, intituled, "An Act for vesting the settled Estate of the Right Honourable Francis Earl Brooke, in the County of Southampton, in Trustees, to be sold, and for laying out the Money arising thereby in the Purchase of other Hereditaments, of equal or greater Value, to be settled in Lieu thereof and for other Purposes therein mentioned," and to acquaint this House, that they have agreed to the same, without any Amendment.

E Gower's and L Trentham's Bill.

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

To return the Bill, intituled, "An Act for empowering Granville Leveson Gower, commonly called Lord Trentham, to raise Portions for Younger Children, and also to explain and amend certain Powers for making Jointures in the Settlement made on his Marriage with Elizabeth his late Wife," and to acquaint this House, that they have agreed to the same, without any Amendment.

Visc Lanesborough's Will, exemplifying, Bill.

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

To return the Bill, intituled, "An Act for enroling the Will of George late Lord Viscount Lanesborough in the Kingdom of Ireland, and making the Exemplification thereof Evidence in all Courts in Great Britain and Ireland," and to acquaint this House, that they have agreed to the same, without any Amendment.

and Byng's Bill.

A Message was brought from the House of Commons, by Mr. Thomas Gore and others.

To return the Bill, intituled, "An Act for vesting the settled Estate late of the Honourable Robert Byng Esquire, deceased, and Elizabeth his Wife, in the County of Hertford, in Trustees, to be sold; and for applying the Money arising by such Sale, for the Purposes therein mentioned," and to acquaint this House, that they have agreed to the same, without any Amendment.

Corbet's Petition referred to Judges.

Upon reading the Petition of John Corbet Esquire, praying Leave to bring in a Bill, for Sale of Part of the Real Estates of Corbet Kynaston, deceased, to discharge and pay off Encumbrances and Debts affecting the same.

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

The House was adjourned during Pleasure, to robe.

The House was resumed.

King 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 then Robes, the Gentleman Usher of the Black Rod received His Majesty's Commands, 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 Title of that and the other Bills ready for the Royal Assent, as follow, (videlicet,)

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 Forty-eight"

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 for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters"

"3 An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law, and for allowing further Time for that Purpose"

"4. An Act to prohibit Assurance on Ships belonging to France, and on Merchandizes or Effects laden thereon, during the present War with France"

"5. An Act for repairing the High Road from the Town of Bowes, in the County of York, to Barnard Castle, in the County of Durham, and from thence, through Staindrop, to Newgate, in Bishop Aukland, and from Newgate, along Gibb Chair, to Gaundless Bridge, and from thence, by Melderston Gill, otherwise Coundon Gill, to the Turnpike Road near Sunderland Bridge, in the County of Durham"

"6. An Act for empowering George Montgomerie and Thomas Byrd Esquires, and Ezra Patching, to complete an Undertaking, for furnishing the Inhabitants of the several Parishes and Places of Stratford, Westham, Bow, Bromley, Mile-Lnd, Stepney, and other Parishes and Places adjacent, with Water, and for better securing then Property in such Undertaking"

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

"Ie Roy le veult"

"7. An Act for vesting the settled Estate of the Right Honourable Francis Earl Brooke, in the County of Southampton, in Trustees, to be sold, and for laying out the Money arising thereby in the Purchase of other Hereditaments, of equal or greater Value, to be settled in Lieu thereof, and for other Purposes therein mentioned."

"8. An Act for empowering Granville Leveson Gower, commonly called Lord Trentham, to raise Portions for Younger Children; and also to explain and amend certain Powers for making Jointures, in the Settlement made on his Marriage with Elizabeth his late Wife."

"9. An Act to enable James Stanley Esquire, commonly called Lord Strange, Eldest Son and Heir Apparent of Edward Earl of Derby, and his Issue by Lucy his Wife (late Lucy Smith), to take and use the Surname of Smith, and bear the Arms of Smith and Hertz."

"10. An Act for vesting the settled Estate late of the Honourable Robert Byng Esquire, deceased, and Elizabeth his Wife, in the County of Hertford, in Trustees, to be sold; and for applying the Money arising by such Sale for the Purposes therein mentioned."

"11. An Act for enroling the Will of George late Viscount Lanesborough, in the Kingdom of Ireland, and making the Exemplification thereof Evidence in all Courts in Great Britain and Ireland"

"12. An Act to confirm and establish an Agreement for enclosing and dividing certain Common Fields, in the Hamlet of Badbury, in the County of Wilts."

"13. An Act to enable Robert Burton, lately called Robert Lingen, and the Heirs Male of his Body, to take and use the Surname of Burton only, pursuant to the Will of Thomas Burton Esquire, deceased."

"14. An Act to enable His Majesty to grant the Inheritance of the Manors of Wookeing, Chabham, and Bagshott, and other Lands and Hereditaments, in the County of Surrey, to Abel Walter Esquire and his Heirs."

"15 An Act for naturalizing Anthony Andrê, David André, and others."

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

"Soit fait comme il est desire"

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Langwith &c Commons, enclosing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing certain Common Pasture Grounds, within the (fn. 2) Manors and Parishes of Langwith and Plesley, and the Hamlets of Stoney Houghton and Shirbrook, in the said Parishes, in the County of Derby."

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

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

Holton Lands, enclosing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and establishing Agreements, for enclosing and exchanging Lands in Holton, in the County of Lincoln, and for rendering the same more effectual for the Purposes thereby intended."

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

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

Scott against Fullerton & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein James Scott, of Brothertoun is Appellant, and Thomas Fullerton of Galhaw and others are Respondents.

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

Dickson against Lockhart et e contra

The like Motion and Order was made, for hearing the Cause wherein David Dickson Gentleman is Appellant, and George Lockhart of Carnwath Esquire Respondent, on Monday Sevennight next.

Buckingham Assizes, Bill.

Ordered, That the Lords be summoned, to attend on Tuesday next, when the Bill, intituled, "An Act for holding the Summer Assizes for the County of Buckingham, at the County Town of Buckingham," is appointed to be considered in a Committee of the whole House, the Judges to attend, and the said Bill to be printed.

John Thorbeeke took the Oaths appointed, in order to his Naturalization.

Thorbeeke's Nat Bill.

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

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 Tuesday next, 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 Martis, vicesimum nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 29^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Fredericus Princeps Walliæ.

PRAYERS.

Thorbeekes Nat Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Thorbeeke," 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."

Ordered, That the said Bill be engrossed.

Somergangs Common, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to confirm and establish an Agreement, for enclosing and dividing a large Open Common Pasture Ground, called Somergangs, otherwise Somergams, in the Parish of Drypool, in the County of York," was committed That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Dawson & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Roper Dawson Esquire and others, praying Leave to bring in a Private Bill.

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Equity of Redemption of divers Messuages, Lands, and Hereditaments, in Kingston upon Hull, and the County of York, late the Estate of George Dawson Esquire, deceased, in Roper Dawson his Eldest Son and Heir, upon his undertaking to discharge the several Encumbrances affecting the same, and to make a Provision for his Brothers and Sisters."

Neau's Nat. Bill.

Upon reading the Petition of Peter Neav Merchant, praying Leave to bring in a Bill for his Naturalization.

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

Accordingly the Earl of Warwick presented to the House a Bill, intituled, "An Act for naturalizing Peter Neau."

And the same was read the First Time.

Then the said Peter Neau took the Oaths appointed, in order to his Naturalization.

Langwith Common, Bill Kings Content.

The Duke of Bedford acquainted the House, "That His Majesty, having been apprized of the Contents of the Bill, intituled, "An Act for enclosing certain Common Pasture Grounds, within the Manors and Parishes of Langwith and Plesley, and the Hamlets of Stoney Houghton and Shirbrook, in the said Parishes, in the County of Derby," was pleased to consent, so far as the Interest of the Crown is concerned, that their Lordships may proceed thereon as they shall think fit."

Courts Martial in the Sea Service, regulating, Bill.

A Message was brought from the House of Commons, by Lord Barrington and others.

With a Bill, intituled, "An Act for further regulating the Proceedings upon Courts Martial in the Sea Service, and for extending the Discipline of the Navy to the Crews of His Majesty's Ships, wiccked, lost, or taken, and for continuing to them their Wages, upon certain Conditions," to which they desire the Concurrence of this House.

Magdalen Campbell against Campbell & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Magdalen Campbell Widow is Appellant, and Mrs Jean Campbell and others 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.

E Stair's Petition relating to Peerage.

The Duke of Newcastle (by His Majesty's Command) presented to the House, a Petition of John Earl of Stair, Viscount Dalrymple, Lord Newliston, Glenluce, and Stranraer, relating to the Honours and Dignities claimed by the Petitioner, with His Majesty's Reference thereof to this House.

Which was read by the Clerk, and is as follows, (videlicet,)

"To the King's most Excellent Majesty.

"The humble Petition of John Earl of Stair, Viscount Dalrymple, Lord Newliston, Glenluce, and Straniaer,

"Sheweth,

"That Her late Majesty Queen Anne, by Her Royal Grant, or Charter, dated 8th April 1703, created John, then Viscount of Stair, Earl of Stair, Viscount Dalrymple, Lord Newliston, Glenluce, and Stranraer, thereby giving and granting to the said John Viscount of Stair, and the Heirs Male of his Body, and, failing Heirs Male of his Body, to the Heirs Male of James Viscount of Stair, then deceased, the Title, Honour, Degree, and Dignity, of Earl.

"That the said John Earl of Stair had Issue John his Eldest Son, William his Second Son, and George his Third Son.

"That the said John Earl of Stair died in January 1706/7, and was succeeded in his Honour and Estate by the said John his Eldest Son, who, upon his said Father's Death, became Earl of Stair, Viscount Dalrymple, Lord Newliston, Glenluce, and Stranraer.

"That the said John Earl of Stair, by his Bond of Tarlizle, dated in 1706/7, did, agreeable to the Law and Usage of the Kingdom of Scotland before the Union, grant a Procuratory for resigning his said Honour and Dignity of Earl of Stair, Viscount Dalrymple, Lord Newliston, Glenluce, and Stranraer, into the Hands of Her said late Majesty Queen Anne, in Favours and for new Patents and Infeosments thereof respectively to be granted to himself and the Heirs Males of his Body, which failing, to such Person or Persons, being descended of the deceased James Viscount of Stair, as the said John Lord Stair should nominate and appoint, by Writing under his Hand, in his Life-time, and, failing of the said Nomination, or the Person or Persons so nominated, to William Dalrymple, his Lordship's immediate Younger Brother, and the Second Son of the said William Dalrymple and Penelope Countess of Dumfries his Wife, and the Heirs Male of the Body of such Second Son, which failing, to the Third, Fourth, or any other Younger Son of the said Marriage, according to their Seniority, and to then Heirs Male, with divers Remainders over, so as whensoever any Heir Male, who, by virtue of the said Tailzie and Destination, might have Right to both the Estate and Dignity of Dumfries and the Estate and Dignity of Stair, should happen to have Two Sons, the Succession of the said Estates and Honours should always divide, and the Estate and Dignity of the Family of Stair should fall to the Second or Youngest Son, and the Heirs Male of their Bodies.

"That, upon the said Bond of Tailzie, and the Procuratory of Resignation therein contained, Resignation was made into the Hands of Her said late Majesty Queen Anne, and thereupon Her said late Majesty Queen Anne, by Her Royal Signature, with Advice and Consent of the Lords Commissioners of Her Majesty's Treasury and Exchequer for Scotland, was graciously pleased to appoint and ordain a Patent and Charter to be passed under the Great Seal of Scotland, according to the Law and Usage of that Kingdom, giving, granting, and perpetually confirming, the Title and Dignity of Earl of Stair, Viscount Dalrymple, Lord Newliston, Glenluce, and Stranraer, to the said John Earl of Stair and the Heirs Male of his Body, and, failing these, to such Person or Persons, descended of the said James Viscount of Stair, deceased, as the said John Earl of Stair should name and appoint, in Writing under his Hand, at any Time during his Life, and in Default of such Nomination, or if the Person or Persons so named should thereafter fail, to William Dalrymple the said Earl's immediate Younger Brother, and the Second Son of the said William Dalrymple and Penelope Countess of Dumfries, and the Heirs Male of the Body of the said Second Son, and, failing these, to the Third, Fourth, or other Younger Son procreate of the Marriage betwixt the said William Dalrymple and Penelope Countess of Dumfries, in their Order of Seniority, and to the Heirs Male of their Bodies respectively, with divers Remainders over.

"That, in Pursuance of the said Royal Signature, a Charter under the Great Seal of Scotland was thereupon expede, dated the 27th February, 1706/7, proceeding upon the Resignation of the said John Earl of Stair, giving, granting, and confirming, to him and to such Person or Persons, descended of the said James Viscount of Stair deceased, as the said Earl should nominate and appoint, by Writing under his Hand, at any Time in his Life, and in Default of such Nomination and Appointment, or if the Person or Persons so named should thereafter fail, then to the other Persons abovenamed, the abovementioned Title, Honour, and Dignity, of Peerage.

"That, on the 21st of March 1706/7, the said Charter of 27th February 1706/7, was ratised and confirmed, by Act of Parliament passed in Scotland before the Union.

"That the said John Earl of Stair, in Execution of the Powers granted to him by the aforesaid Charter, did, by Instrument in Writing under his Hand, signed by him on the 31st of March 1747, nominate and appoint Your Petitioner, by the Name and Description of Captain John Dalrymple, Eldest Son of the deceased George Dalrymple Esquire, One of the Barons of the Court of Exchequer in Scotland, his Brother German, and the Heirs Male of his Body, with divers Remainders over, in all Times coming, to succeed to him in his said Title and Dignity of Earl of Stair, Viscount Dalrymple, Lord Newliston, Glenluce, and Stranraer, in the same Manner as if the Name of Your Petitioner and the other Heirs mentioned in the said Instrument (all descended of the said deceased James Viscount of Stair) had been inserted in the said Charter of the 17th of February 1706/7, which said Instrument was registered in the Books of Council and Session of Scotland.

"That the Family Estate is, by the said Charters and Deed of Nomination, settled on Your Petitioner.

"That the said John last Earl of Stair died, without any Issue, upon the 9th Day of May 1747.

"That Your Petitioner, upon the Death of the said John last Earl of Stair, succeeded, by virtue of the said Charter of the 27th of February 1706/7, and the Ratification thereof in Parliament, and the said John Earl of Stair's Nomination and Appointment, made in Pursuance and by Virtue thereof, in Writing under his Hand, to the Title, Honour, and Dignity, of Earl of Stair, Viscount Dalrymple, Lord Newliston, Glenluce, and Stranraer, and also to the said Estate, and Your Petitioner hoped to have enjoyed the same without any Objection.

"That, nevertheless, James Dalrymple Esquire, who is Second Son of the said William Dalrymple by Penelope Countess of Dumfries (which William and Penelope both died in the Life of the said last Earl) hath, ever since the Death of the said last John Earl of Stair, taken and assumed and used the Title of Earl of Stair, and, upon all Occasions, as Your Petitioner is informed, assumes the said Title, under Pretence of the said Charter of 27th of February 1706/7, though, by the express Words of the said Charter, his Right to the said Title could not arise or take Place but in Default of the said last Earl's making a Nomination in Writing under his Hand, which he hath made in Favour of Your Petitioner as aforesaid.

"That the Right Honourable William Earl of Dumfries, Eldest Brother of the said James Dalrymple, likewise pretends that, in case his said Brother James be not entitled to the said Honour, that then he the said William Earl of Dumfries is entitled thereto, under the said Charter of 8th April 1703; though that Charter was duly resigned into the Hands of the Crown, and the said subsequent Charter of the 27th February 1706/7 is the only one now existing, and is ratified and confirmed by Act of Parliament.

"That the said William Earl of Dumfries and James Dalrymple have respectively presented their Petitions to Your Majesty, praying Your Majesty to declare, that the said Honours and Dignities belong to the one or the other of them, in the Rights aforesaid.

"That the only Method for bringing Questions concerning Rights to the Peerage of Great Britain to a final and judicial Determination, being by Application to Your Majesty,

"Your Petitioner, therefore, humbly prays Your Majesty, That You will be pleased to order the said William Earl of Dumfries and James Dalrymple to shew for what Causes, and by what Authority, they severally claim the said Honours and Dignities, and that Your Majesty will declare that they do belong to Your Petitioner, according to the said Charter and Patent of 27th of February 1706/7, ratified and confirmed by Act of Parliament, and the said last Earl of Stair's Nomination and Appointment in Pursuance thereof, as of Right they do.

"And your Petitioner shall ever pray, &c.

"Stair"

His Majesty's Reference of it to the House.

"Whitehall, March 24, 1747/8.

"His Majesty, being moved upon this Petition, is graciously pleased to refer the same to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned, and to inform His Majesty, how the same shall appear to their Lordships.

"Holles Newcastle"

Ordered, That the said Petition and Reference be referred to the Lords Committees for Privileges, to consider thereof, and report their Opinion thereupon to the House.

Buckingham Assizes Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for holding the Summer Assizes for the County of Buckingham at the County Town of Buckingham"

Proposed, "That the Judges be directed to deliver their Opinion, what it is that constitutes a County Town"

And the same being agreed to.

The Lord Chief Justice of the Court of King's Bench acquainted the House, "That it was the Place where County Courts are usually holden"

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto, which he was directed to report, when the House will please to receive the same"

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

Adjourn.

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

DIE Mercurii, 30^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Langwith Common, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing certain Common Pasture Grounds, within the Manors and Parishes of Langwith and Plesley, and the Hamlets of Stoney Houghton and Shtrbrook, in the said Parishes, in the County of Derby," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Fleetwoods Bill.

His Lordship also reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estates late of Henry Fleetwood Esquire, deceased, in the County of Lancaster, for raising Money, to discharge the Encumbrances affecting the same, and for laying out the Surplus of the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the Uses of a former Settlement," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Somergangs Common, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to confirm and establish an Agreement, for enclosing and dividing a large open Common Pasture Ground, called Somergangs, otherwise Somergams, in the Parish of Drypool, in the County of York."

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

It was Resolved in the Affirmative.

Message to H C that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Bennett

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

Workhouses in Bury St Edmunds, Bill.

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

With a Bill, intituled, "An Act for erecting Workhouses for the better employing and maintaining the Poor, within the Borough of Bury Saint (fn. 4) Edmunds, in the County of Suffolk, and for the better repairing and paving the Streets and Highways there," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Dickson against Lockhart & al.

A Petition of David Dickson Gentleman, was presented, and read, setting forth, "That the Petitioner, on Thursday last, put in his Answer to the Cross Appeal of George Lockhart of Carnwath Esquire, upon whose Application the Causes were appointed to be heard on Monday next, that the Proceedings are so very long, that the Petitioner cannot get his Case settled and printed in due Time," and praying, That the said Hearing may be put off to such further Time as to this House shall seem meet"

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn.

Ordered, That the Hearing of these Causes be put off to the First Day for Causes after the Recess at Easter.

Neau's Nat Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Peter Neau"

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

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

Dawson's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Equity of Redemption of divers Messuages, Lands, and Hereditaments, in Kingston upon Hull, and the County of York, late the Estate of George Dawson Esquire, deceased, in Roper Dawson, his Eldest Son and Heir, upon his undertaking to discharge the several Encumbrances affecting the same, and to make a Provision for his Brothers and Sisters"

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 Thursday the 14th Day of April next, at the usual Time and Place, and to adjourn as they please.

Thorbeeke's Nat Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Thorbeeke"

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.

Scott against Fullerton & al.

This Day being appointed, for hearing Counsel, upon the Petition and Appeal of James Scott of Brothertoun, Son and Hen of Heroules Scott of Brothertoun, deceased; complaining of an Interlocuton of the Lords of Session in Scotland, of the 7th of July 1743, and an Interlocutor of the Lord Ordinary, of the 9th of December following, and also of another Interlocutor of his Lordship, of the 21st of June 1744, and of his Adherence thereto, the 10th of July following, and likewise of an Interlocutor of the Lords of Session, of the 12th of June 1746, and of their Adherence thereto, the 17th of July following, as also of an Interlocutor of the Lord Ordinary, of the 23d of the same Month, to which Appeal Thomas Fullerton of Gallraw, John Fullerton of Cowie, John Turnbull of Strickathrow, and Robert Ramsay Merchant in Edinburgh, are Respondents:

Counsel were accordingly called in.

And the Appellant's Counsel acquainted the House, That the Parties were come to an Agreement with respect to the Matters in Question, and, in order to perfect the same, desired the said Interlocutors, or Parts thereof, might be reversed."

Which said Interlocutors being read:

The Counsel for the Respondents also acquainted the House, "That there was such Agreement between the Parties as abovementioned, and that the Respondents did agree to what had been desired by the Appellant's Counsel"

Whereupon the Counsel on both Sides were directed to withdraw.

Judgement by Consent.

Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled (upon the Consent of the said Respondents), That the said several Interlocutors, so far as they are complained of in and by the said Appeal, be, and the same are hereby, reversed.

Courts Martial in the Sea Service, regulating Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for further regulating the Proceedings upon Courts Martial in the Sea Service, and for extending the Discipline of the Navy to the Crews of His Majesty's Ships wrecked, lost, or taken, and for continuing to them then Wages, upon certain Conditions."

Ordered, That the said Bill be printed.

Holton Common, Bill.

Ordered, That the Committee appointed to meet upon the Bill, intituled, "An Act for confirming and establishing Agreements, for enclosing and exchanging Lands in Holton, in the County of Lincoln, and for rendering the same more effectual for the Purposes thereby intended," To-morrow, do meet on Friday next.

Adjourn.

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