House of Lords Journal Volume 27: January 1749

January 1749

DIE Jovis, 12^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Bishop of London takes the Oaths.

Thomas Lord Bishop of London took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Bishop of Bangor to preach the 30th Inst.

Ordered, That the Lord Bishop of Bangor be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on the 30th Day of this Instant January.

Roseand Usher & al against Countess Roscommon.

A Petition of Arthur Usher Esquire was presented, and read, praying, "That the Hearing of the Appeal, to which the Countess Dowager of Roscommon is Respondent, which stands appointed for Wednesday; next, may be further put off, there being as yet no Representative of George Rose Esquire, late an Appellant, deceased"

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

And being withdrawn.

Ordered, That the said Hearing be accordingly put off for a Month.

Dann against Merry.

A Petition of Edward Dann, was presented, and read, praying, "That the Hearing of the Petitioner's Appeal, to which Thomas Merry is Respondent, may be put off, from To-morrow, for a Month the Papers and Pleadings of the Petitioner not being yet transmitted hither"

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

And being withdrawn.

Ordered, That the Hearing of the said Cause be put off till To-morrow Fortnight.

Arbuthnot against Macfarlane.

A Petition of Walter Macfarlane Esquire, Respondent to the Appeal of James Arbuthnot Esquire, was presented, and read, praying, "That the Hearing of this Cause, which stands appointed for To-morrow Sevennight, may be put off till after Easter, in regard the Petitioner cannot be prepared by the Time appointed"

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

And being withdrawn.

Ordered, That the said Hearing be put off to Monday Three Weeks.

Montagu, Leave for a Bill, to make Leases of Rogers Estate.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Edward Montagu Esquire, as Committee of the Estate, and on the Behalf, of John Rogers Esquire, a Lunatick, 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 empowering the Committee of the Estate of John Rogers Esquire, a Lunatick, to make Surrenders and Leases of the Freehold and Leasehold Estates of the said Lunatick, during his Lunacy"

Mitchel & al Petition for a Bill to settle the late Bp of Salisbury's Charity.

Upon reading the Petition of David Mitchell Esquire, and also of Andrew Fletcher Lord Milton and Laird of Salton in the Shire of East Lothian, Charles Saint Clair Laird of Hermiston in the Shire of East Lothian, Mr. Archibald Lundie Minister of Salton aforesaid, Sir Alexander Burnett Baronet Land of Leyes in the Shire of Aberdeen, and also of the Principal and Regents of the College of New Aberdeen, and the Provost and Baillies of New Aberdeen, whose Names are thereunto respectively subscribed, praying Leave to bring in a Bill, to empower and direct Robert Snow and William Denne to sell and dispose of so much of Two Thousand Six Hundred Pounds New South Sea Annuity Stock, with another Sum of Money now remaining in their Hands, as will make up the Sum of Two Thousand Two Hundred Twenty-two Pounds, Four Shillings, and Six Pence, in order to be transmitted into the Bank of Scotland, to be applied, by the Direction of the Senators of the College of Justice of Lords of Session, in the Purchase of Lands, to be settled for answering the prous and charitable Donation of Doctor Gilbert Burnett late Bishop of Salisbury, and for other Purposes in the Petition expressed.

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

Purdy against Tucker.

Upon reading the Petition of John Tucker, Defendant in a Writ of Error depending in this House, wherein Abraham Purdy is Plaintiff, praying, "In regard the Petitioner apprehends that the said Writ of Error is brought only for Delay, that the same may be Non pros'd, with such Costs as to this House in then great Wisdom shall seem meet"

Writ of Error Non pros'd

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

Napier to enter into Recognizance for Napier.

The House being moved, "That George Napier of London Merchant may be permitted to enter into a Recognizance for Gabricl Napier, on account of his Appeal depending in this House, he being in Scotland"

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

Adjourn.

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

DIE Martis, 17^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Bp of Salisbury takes the Oaths.

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

Treaties, &c. delivered.

The Duke of Newcastle (by His Majesty's Command) presented to the House, Copies of a Treaty, and Papers, with a List thereof.

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

"Copy of the Definitive Treaty, and Two separate Articles, signed at Aix la Chapelle, 7/18th of October, 1748, and Translation"

"Copy of His Britannick Majesty's full Power, and Translation"

"Copy of His most Christian Majesty's full Power; and Translation."

"Copies of The States General's Two full Powers, and Translations."

"Copy of the Act of Accession of the Empress Queen of Hungary to the Definitive Treaty, and Two separate Articles, and Translation"

"Copy of the Empress Queen of Hungary's full Power, and Power; and Translation"

"Copy of the Act of Accession of His Catholick Majesty to the Definitive Treaty, and Two Separate Articles, and Translation"

"Copy of His Catholick Majesty's full Power, and Translation"

"Copy of the Act of Accession of His Sardman Majesty to the Definitive Treaty, and Two Separate Articles, and Translation"

"Copy of His Sardiman Majesty's full Power, and Translation"

"Copy of the Act of Accession of the Duke of Modena to the Definitive Treaty, and Two Separate Articles, and Translation"

"Copy of the Duke of Modena's full Power, and Translation"

"Copy of the Act of Accession of the Repuolick of Genoa to the Definitive Treaty, and Two Separate Articles, and Translation"

"Copy of the Republick of Genoa's full Power, and Translation."

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

Commissioners of Appeals in Causes of Prizes, Bill.

The Duke of Newcastle presented to the House, a Bill, intituled, An Act, declaring the Authority of the Commissioners appointed by His Majesty under the Great Seal of Great Britain, for receiving, hearing, and determining, Appeals in Causes of Prizes'

And the same was read the First Time.

Address for Commission of Appeals in Causes of Prizes.

Ordered, That an Humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that there be laid before this House, a Copy of the Commission for receiving, hearing, and determining, Appeals in Causes of Prizes, granted under the Great Seal, the 11th of July last."

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

Guillon, Leave for a Bill.

Upon reading the Petition of Gabriel Guillon, praying Leave to bring in a Bill, for his Naturalization.

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

Bill read.

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

And the same was read the First Time.

Then the said Gabriel Guillon took the Oaths appointed, in order to his Naturalization.

Campbell against Campbell & al.

A Petition of Magdalen Campbell, was presented, and read; setting forth, "That, by Order of this House, of the 13th of December last, the Hearing of her Appeal. to which Jean Campbell and others are Re spondents, was put off till To-morrow, and that the Parties are under a Compromise," and therefore praying, "That the said Hearing may be adjourned to such further Time as to this House shall seem meet"

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

And being withdrawn.

Ordered, That the Hearing of the said Cause be accordingly put off to Friday Sevennight.

Montagu to Make Leases of Rogers's Estate, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for empowering the Committee of the Estate of John Rogers Esquire, a Lunatick, to make Surrenders and Leases of the Freehold and Leasehold Estates of the said Lunatick, during his Lunacy"

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

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

Hawksworth & Ux Petition referred to Judges.

Upon reading the Petition of Walter Hawksworth Esquire and Frances Elizabeth his Wife, praying Leave to bring in a Bill, for discharging the Premises comprized in the Marriage Settlement of the Petitioners, in the Petition mentioned, from the Uses therein limited, and vesting the same in the Petitioner Walter and his Heirs, in Fee Simple, and settling another Estate, more than an Equivalent, to the Uses contained in the said Settlement.

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

Blackwool against Marshall & al.

Upon reading the Petition and Appeal of Robert Blackwood of Pitreavie Esquire, Advocate, complaining of divers Interlocutors of the Lord Ordinary and Lords of Session in Scotland, or Parts thereof, the last Interlocutor bearing Date the 22d of December 1748, made on the Behalf of William Marshall Shopkeeper or Merchant in Glasgow, and Benjamin M^cKell Milner, in Tillibody Miln, and praying, "That the same may be reversed, and that the Appellant may have such Relief as to then Lordships in then great Wisdom and Justice shall seem meet"

It is Ordered, That the said William Marshall and Benjamin M^cKell 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 Tuesday the 14th Day of February next, and Service of this Order on their Agent or Procurator in the Court below shall be deemed good Service.

Mead against Bush.

Upon reading the Petition of Thomas Bush, Defen dant in a Writ of Error depending in this House, where in William Mead Esquire is Plaintiff, praying, "In regard the said Plaintiff has not assigned his Errors within the Time limited by the Standing Order of this House, that the said Writ of Error may be Non pros'd, with such Costs as their Lordships shall think reasonable"

Writ of Error Non pros'd.

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

Boyle & al. peremptorily only to answer the Courtess of Kildares Appeal.

The House was informed, "That Henry Boyle Esquire and others, Respondents to the amended Appeal of Mary Countess of Kudare and others, have not put in their Answer thereto, though duly served with the Order of this House for that Purpose"

And thereupon an Affidavit, made by Joseph Maddock of the City of Dublin Gentleman, of the due Service of the said Order, being read.

It is Ordered, That the said Respondents do peremptorily put in then Answer or respective Answers to the said Appeal, in a Week.

Adjourn.

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

DIE Jovis, 19^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

E Sandwich takes the Oaths.

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

Klencke's Nat Bill.

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

With a Bill, intituled, "An Act for naturalizing Martin Klencke," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Petition of Grand and Colombies, to be added.

A Petition of John James Grand and Anthony Colombies, was presented, and read, praying, "That their Names may be inserted in the said Bill."

Ordered, That the said Petition do lie on the Table, till the said Bill be read a Second Time.

The King's Answer to Addrel for Commission for hearing Appeals of Prizes.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, of Tuesday last, for a Copy of the Commission for receiving, hearing, and determining, Appeals in Causes of Prizes, granted under the Great Seal the 11th of July last, and that His Majesty was pleased to say, He would give Directions accordingly."

Symons, Order for an Alias Certiorari on Parminter's Writ of Error.

Upon reading the Petition of Thomas Symons, Defendant in a Writ of Error brought into this House from the Court of King's Bench, wherein Henry Parminter is Plaintiff, setting forth, "That the Petitioner finds that a Writ of Certiorari is returned to this House, specisying, that there is no Original Writ in this Cause assiled of Record of the Term of St. Hilary, in the 17th Year of His present Majesty's Reign, but the Petitioner is able to certify, that there is an Original Writ affiled of Record between him and the said Henry Parminter and one Lawrence Barrow, of the Term of The Holy Trinity, in the 16th and 17th Years of His said Majesty's Reign, which said Original Writ is continued down to Hilary Term, in the 17th Year aforesaid," and praying, That this House will grant unto the Petitioner a Certificate on his Behalf, for a Writ of Certioran; in order to prove the Truth of the Premises"

It is Ordered, That a Writ of Alias Certioran be issued to the Lord Chief Justice of the Court of King's Bench, in order to certify concerning the Original Writ alleged in this Case.

Hamilton to enter into Recognizance for Blackwood.

The House being moved, "That Robert Hamilton Esquire may be permitted to enter into a Recognizance for Robert Blockwood Esquire, on account of his Appeal depending in this House, he being in Scotland"

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

Guillon, Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Gabriel Guillon"

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 the usual Time and Place; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamen tum continuandum esse usque ad et in diem Lunæ, vicesimum tertium diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 23^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Copy of Commission of Appeals, in Causes of Prizes, delivered.

The House being informed, "That Mr John Collins, One of the Six Clerks in the Court of Chancery, attended"

He was called in, and delivered, at the Bar, pursuant to their Lordships Address of the 17th Instant,

"Copy of the Commission for receiving, hearing, and determining, Appeals in Causes of Prizes, granted under the Great Seal, the 11th of July 1748."

And then he was directed to withdraw.

And the Title of the said Paper being read, by the Clerk.

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

Rash, Leave for a Divorce Bill.

Upon reading the Petition of Samuel Rash Gentleman, praying Leave to bring in a Bill, to dissolve his Marriage with Dorothy Fuller his now Wife, she having lived a disorderly and dislolute Life with James Mingay Surgeon.

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

Bill presented, and read.

Accordingly the Lord Bathurst presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Samuel Rash Gentleman with Dorothy Fuller his now Wife, and to enable him to marry again, and for other Purposes therein mentioned"

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time To-morrow Fortnight, and that Notice thereof be affixed on the Doors of this House, and the Lords to be summoned, and that the said Samuel Rash may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill, and that the said Dorothy may have a Copy of the said Bill, and Notice be given her of the said Second Reading, and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at that Time.

East Woodhey Down and Common Fields, enclosing, Bill.

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

With a Bill, intituled, "An Act for enclosing and dividing East Woodhey Down, and the Open and Common Fields of East Woodhey and Hollington, in the County of Southampton, pursuant to an Agreement entered into for that Purpose," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H C to return the Bill for Whitwell to take the Name of Griffin.

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

To return the Bill, intituled, "An Act for enabling John Griffin Whitwell Esquire and his Issue to take and use the Surname and Arms of Griffin," and to acquaint this House, that they have agreed to the same, without any Amendment.

Guillon's Nat. Bill.

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

John James Grand and Anthony Colombies took the Oaths appointed, in order to then Naturalization.

Klencke's Nat Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Martin Klencke"

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

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

Ordered, That the Petition of John James Grand and Anthony Colombies, praying, "That their Names may be inserted in the said Bill," be referred to the said Committee.

Copley Leave for a Bill of Divorce.

Upon reading the Petition of Godfrey Copley, of Sprotbrough in the County of York, Esquire, praying Leave to bring in a Bill, for dissolving and making void his Marriage with Anna Maria Brace his now Wife, he being willing to permit her to have certain Allowances, as in the Petition mentioned, and for enabling the Petitioner to marry any other Woman, as if she was now naturally dead.

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

Viscountess Fane & al Petition referred to Judges.

Upon reading the Petition of Mary Viscountess Fane, Widow and Relict of Charles late Lord Viscount Fane, Baron of Loughguar in the Kingdom of Ireland, deceased, Charles now Lord Viscount Fane, only Son and Hen of the said Charles late Lord Viscount Fane deceased, by the said Mary Viscountess Fane, Elizabeth Fane Spinster, John Earl of Sandwich and Dorothy Countess of Sandwich his Wife, and Charlotte Fane Spinster, and which said Elizabeth Fane, Dorothy Countess of Sandwich, and Charlotte Fane, are the Daughters of the said Charles late Lord Viscount Fane by the said Mary Viscountess Fane, praying Leave to bring in a Bill, for Sale of Estates, in the County of Devon, and in the County of Limerick in the Kingdom of Ireland, for discharging Debts and Encumbrances, and for settling another Estate, in the County of Berks, in Lieu thereof, and as an Equivalent for the same.

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

Sir L Grant & al against Sutherland & al.

Upon reading the Petition and Appeal of Sir Ludovick Grant Baronet, Colonel James Abercrombie of Glassach, John Gordon in Fochabers Steward to his Grace the Duke of Gordon, and the other Creditors of the deceased Alexander Sutherland of Kinminity, complaining of several Interlocutors of the Lord Ordinary and Lords of Session in Scotland, or Part thereof, the last dated the 4th of this Instant January, made on the Behalf of James Sutherland, and Daniel Forbes Writer in Edinburgh, his Tutor ad Litem, and praying, "That the same may be reversed, and that Two Interlocutors, of the 14th of June 1744 and 21st November 1746, may be affirmed, and that the Appellants may have such Relief as to this House in their great Wisdom and Justice shall seem meet"

It is Ordered, That the said James Sutherland and Daniel Forbes 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 Monday the 20th Day of February next, and Service of this Order on any One of the Respondents Procurators or Agents in the Court below shall be deemed good Service.

Adjourn.

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

DIE Martis, 24^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

D Marlborough takes the Oaths.

Charles Duke of Marlborough took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Guillon's Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Gabriel Guillon"

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 Spicer and Mr Edwards

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

Klencke's Nat. Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Martin Klencke," was committed "That they had considered the said Bill, as also the Petition to them referred, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and made several Amendments thereunto"

Which, being read Twice by the Clerk, were agreed to by the House. (fn. 1)

East Woodhey Commons, enclosing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing and dividing East Woodhey Down, and the Open and Common Fields of East Woodhey and Hol lington, in the County of Southampton, Pursuant to an Agreement entered into for that Purpose"

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

Their Lordships, or any Five of them, to meet on Thursday the 9th Day of February next, at the usual Time and Place, and to adjourn as they please.

Commissioners of Appeals, Prizes, Bill.

Ordered, That the Bill, intituled, "An Act, declaring the Authority of the Commissioners appointed by His Majesty under the Great Seal of Great Britain, for receiving, hearing, and determining, Appeals in Causes of Prizes," be read a 2d Time on Thursday next, the Lords to be summoned, and the Judges to attend.

Respondents to Count of Kildare's Appeal further Time to answer.

A Petition of Henry Boyle Esquire, Speaker of the House of Commons in Ireland, and others, Respondents to the amended Appeal of the Countess of Kildare and others, was presented, and read, setting forth, "That the Petitioners are Trustees, appointed by Act of Parliament in that Kingdom, to pay the Debts of the Four Banks of Benjamin Burton and others, in the said Appeal particularly mentioned, and were not served with the Order of this House, for answering the same, till the 31st of December last," and praying, "In regard the Petitioners are advised to lay their Case in a particular Manner before this House, that they may have a Week's further Time to put in their Answer"

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

And being withdrawn.

Ordered, That the Time for answering the said Appeal be enlarged for a Week, as desired.

Marlow's Petition referred to Judges.

Upon reading the Petition of Ebenezer Marlow, of the Parish of Saint Mary Overs, in the County of Surrey, Painter, for himself, and also on Behalf of William Marlow his only Son, an Infant, praying Leave to bring in a Bill, for Sale of an undivided Fifth Part of certain Lands and Tenements, in the Petition mentioned, in the Parishes of Beeding and Crawley, in the County of Sussex, and laying out the Money arising thereby in Government or Real Securities, for the Benefit of such Persons as would be entitled to the said undivided Fifth Part in case the same was to remain unsold:

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.

Adjourn.

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

DIE Jovis, 26^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Klencke's Nat Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Martin Klencle"

The Question was put, "Whether this Bill, with the Amendments, 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. Elde and Mr Edwards

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

Grundy to take the Name of Swinsen, Bill.

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

With a Bill, intituled, "An Act to enable Samuel Grundy, now called Samuel Swinfen, and the Heirs Male of his Body, to take and use the Surname and Arms of Swinfen," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Dunn against Merry.

A Petition of Edward Dunn, was presented, and read, setting forth, "That the Cause upon his Appeal, to which Thomas Merry is Respondent, stands to be heard To morrow, and the Petitioner, relying on an Accommodation that is now on Foot, hath not sent the Papers in the Cause to his Agent here," and praying, "That the Hearing may be put off for a Month, or otherwife that the Appeal may be dismissed without Costs"

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

And being withdrawn.

Ordered, That the said Petition be rejected, and that the Hearing of the said Cause be put off to Wednesday next, and the other Causes removed in Course.

Levinz & al. Petition referred to Judges.

Upon reading the Petition of William Levinz Esquire, Son and Heir of William Levinz late of Grove in the County of Nottingham Esquire, deceased, who was Son and Heir of Sir Cresswell Levinz Knight, Serjeant at Law, deceased, Mary Levinz Spinster, Daughter of the said William Levinz, deceased, the Honourable Robert Herbert Esquire, William Mellish Esquire, and William Fauqare, Esquire, praying Leave to bring in a Bill, for discharging the Estate of the said William Levinz, at Bilby, Ranby, and Stirop, in the County of Nottingham, from a Rent Charge of Thirty Pounds a Year, in the Petition mentioned, and for charging the same upon his Estate at Grove, in the same County.

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

Commissioners of Appeals, Prizes, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act, declaring the Authority of the Commissioners appointed by His Majesty under the Great Seal of Great Britain, for receiving, hearing, and determining, Appeals in Causes of Prizes"

The said Bill was accordingly read a Second Time.

As was also read the Copy of a Commission, for receiving, hearing, and determining, of Appeals in Causes of Prizes.

Question to the Judges.

And the Judges attending (according to Order), were directed to deliver their Opinions, seriatim,

"Whether the said Commission be legal, or not?"

And Six of them accordingly having delivered their Opinions upon the said Question, with then Reasons at large.

Ordered, That the further Consideration of the said Bill be adjourned till To morrow, the Lords to be summoned, and the Judges again to attend.

Adjourn.

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

DIE Veneris, 27^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Grundy to take the Name of Swinsen, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Samuel Grundy, now called Samuel Swinfen, and the Heirs Male of his Body, to take and use the Surname and Arms of Swinfen"

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

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

Commissioners of Appeals, Prizes, Bill.

The Order of the Day being read, for taking into further Consideration the Bill, intituled, "An Act, declaring the Authority of the Commissioners appointed by His Majesty under the Great Seal of Great Britain, for receiving, hearing, and determining, Appeals in Causes of Prizes"

And the Judges (according to Order) attending, the other Six, who were not Yesterday heard upon the Question then proposed to them,

"Whether the Commission, granted under the Great Seal, for receiving, hearing, and determining, Appeals in Causes of Prizes, was legal, or not?"

did in like Manner, seriatim, deliver their Opinions upon the said Question, with their Reasons at large.

And having done;

Address for Copies of Treaties.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order, that there be laid before this House, Copies of so much of the Treaty made between Eng land and Holland in the Year 1667, and of the Marine Treaty with Holland of 1674, and the Treaty made between England and France at St Germains en Laye of 1676/7, and the Treaty of Commerce of Utrecht between Great Britain and France of 1713, as relates to the Remedies or Methods of proceeding in Prize Causes, and also a Copy of His Majesty's Orders in Council, made the 22d Day of March last, for issuing a new Commission of Appeals in Prize Causes, and for appointing the Times for the Meeting of the Commissioners of the said Appeals."

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

Ordered, That the further Consideration of the said Bill be adjourned to Tuesday next, the Lords to be summoned, and the Judges to attend.

Adjourn.

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

DIE Lunæ, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

In order for the Lords proceeding to the Abbey Church, Westminster, to solemnize this Day, being, by Act of Parliament, appointed to be observed as a Day of public Fasting and Humiliation, for the Martyrdom of King Charles the First,

Adjourn.

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

DIE Martis, 31^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Frldericus Princeps Walliæ

PRAYERS.

Count of Kildare against Boyle & al.

The Answer of Henry Boyle Esquire, Speaker of the House of Commons in Ireland, and others, to the Appeal of the Countess of Kildare and others, was brought in.

As was also, the Answer of Daniel Falkiner Esquire, to the same Appeal.

The King's Answer to Address for Treaties.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House of Friday last, for Copies of Treaties and Orders therein mentioned, and that His Majesty had been pleased to give Directions accordingly"

Thanks to the Bp of Bingor for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Bangor, for the Sermon by him preached before this House Yesterday, in the Abbey Church, Westminster, and he is hereby desired to cause the same to be printed and published.

Luther & Ux Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Richard Luther Esquire and Charlotte his Wife, praying Leave to bring in a Private Bill.

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for explaining and amending a Power given by the Marriage Settlement of Richard Luther Esquire and Charlotte his Wife, and for making the same more effectual, for the Benefit of the Children of that Marriage"

Treaties delivered.

The Duke of Newcastle presented to the House, pursuant to then Lordships Address of Friday last, the several Copies of Treaties thereby desired, with a List thereof.

Which was read by the Clerk, and is as follows (fn. 2)

"Copy of so much of the Treaty concluded at Breda, between England and Holland, the 31st of July 1667, as relates to the Remedies or Methods of proceeding in Prize Causes; and Translation."

"Copy of so much of the the Treaty concluded at London, between England and Holland, the First December 1674, as relates to the Remedies or Methods of proceeding in Prize Causes; and Translation."

"Copy of so much of the Treaty concluded at Saint Germain en Laye , between England and France, the 24th February, N. S. 1676/7, as relates to the Remedies or Methods of proceeding in Prize Causes, and Translation."

"Copy of so much of the Treaty of Commerce, concluded at Utrecht, between Great Britain and France, the 31/11 of March/April 1713, as relates to the Remedies or Methods of proceeding in Prize Causes; and Translation."

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

Then the Lord President presented to the House, pursuant to the same Address,

"Copy of His Majesty's Order in Council, made the 22d of March 1747, for issaing a new Commission of Appeals in Prize Causes."

And also, "Copy of the like Order, made the same Day, for appointing the Times for the Meetings of the Commissioners, for hearing Appeals in Prizes Causes"

And the Titles thereof being read, by the Clerk.

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

Grundy to take the Name of Swinfen, Bill.

The Earl of Worwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Samuel Grundy, now called Samuel Swinfen, and the Heirs Male of his Body, to take and use the Surname and Arms of Swinfen," 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."

Commissioners of Appeals, Prizes, Bills.

The Order of the Day being read, for the further Consideration of the Bill, intituled, "An Act, declaring the Authority of the Commissioners appointed by His Majesty under the Great Seal of Great Britain, for receiving, hearing, and determining, Appeals in Causes of Prizes"

The Extracts of Treaties and Copies of Orders of Council, laid before the House this Day, were also read.

After Debate,

Proposed, "To commit the Bill."

Ordered, That the said Bill be committed to a Committee of the whole House on Thursday next, and the Lords to be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, primum diem Februarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.