House of Lords Journal Volume 27: May 1751, 11-20

May 1751, 11-20

DIE Lunæ, 13^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Against Robbing Mines, Bill.

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

With a Bill, intituled, "An Act for the better securing the Property of the Owners of Mines from Theft and Robbery," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bethnall Green Nightly Watch, &c Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for cleansing and enlightening the open Places, Streets, and other Passages, and regulating the Nightly Watch and Beadles, in the Parish of Saint Matthew Bethnall Green, in the County of Middlesex," 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."

Golden Square adorning, Bill.

The same Earl made the like Report from the Committees to whom the Bill, intituled, "An Act to enable the present and future Proprietors and Inhabitants of the Houses in Golden Square, in the Parish of St James, Westminster, in the County of Middlesex, to make and levy a Rate on themselves, for raising Money sufficient for the better enclosing, paving, enlightening, and adorning the said Square, and supporting and keeping of the same in Repair for the future," was committed.

Stubblefield, to take the Name of King, Bill.

The Lord Willoughby of Parham made the same Report from the Lords Committees to whom the Bill, intituled, "An Act for enabling Richard King Stubblefield Gentleman, and his Issue, to take and use the Surname of King," was committed.

Ordered, That the said Bill be engrossed.

Cantillon & al to tell New and's Estate, Bill.

His Lordship also reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estates late of William Newland Esquire, deceased, in Gatton, Rygate, and Meastham, in the County of Surry, for discharging Encumbrances," 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."

Ordered, That the said Bill be engrossed.

Wood & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Christopher Wood 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 Sale of certain Estates, in the County of Stafford, of Christopher Wood Esquire, for discharging Encumbrances affecting the same, and for settling other Lands in Lieu thereof."

Baron de Rhynwick, Leave for a Nat Bill.

Upon reading the Petition of Philip Jacob Baron de Soesdyk Van Cloon Lord of Rhynwick, 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 Marchmont presented to the House a Bill, intituled, "An Act for naturalizing Philip Jacob Baron de Soesdyk Van Cloon Lord of Rhynwick."

And the same was read the First Time.

Jugla & al. Leave for a Nat Bill:

Upon reading the Petition of John Jugla and Stephen Cogigian, praying Leave to bring in a Bill, for their Naturalization.

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

Bill read.

Accordingly, the Lord Willoughby of Parham presented to the House a Bill, intituled, "An Act for naturalizing John Jugla and Stephen Cogigian."

And the same was read the First Time.

L Dalmenie s Bill.

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

To return the Bill, intituled, "An Act to enable John Primrose Esquire, commonly called Lord Dalmenie, to secure a Jointure to Mary Countess of Roseberry his Mother, and make Provisions for his Brother and Sister, out of the entailed Estate late of Sir Archibald Primrose Knight, deceased," and to acquaint this House, that they have agreed to the same, without any Amendment.

E of Powis's Bill.

The Order of the Day being read, for taking into Consideration the Motion made on Friday last, for dispensing with the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, so far as that the Committee to whom the Bill, intituled, "An Act for establishing and confirming Articles entered into upon the Marriage of Henry Arthur Earl of Powis with Barbara Countess of Powis his Wife, an Infant, and for the more effectually carrying the same into Execution," stands committed, may meet on a sooner Day than is appointed, in regard this Session of Parliament is far advanced,

And Consideration being had thereof accordingly.

Committee shortened.

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

Regency Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to provide for the Administration of the Government, in case the Crown should descend to any of the Children of his late Royal Highness Frederick Prince of Wales, being under the Age of Eighteen Years, and for the Care and Guardianship of their Persons."

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 Lord Chief Justice of the Court of Common Pleas and the Lord Chief Baron of the Court of Exchequer.

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

St Philip and Jacob Parish, Bristol, dividing, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing the Parish of St Philip and Jacob, in the County of Gloucester, and in the City and County of Bristol, and for erecting a Church in the new intended Parish."

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

It was Resolved in the Affirmative.

Chester Road, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act of Parliament passed in the Fourth Year of His present Majesty's Reign, for repairing the Roads leading from the most Southern Part of Butt Lane, in the Parish of Lawton, in the County Palatine of Chester, to Lawton, and from thence to Henshall's Smithy, upon Cranage Green, in the said County, and for making the said Act more effectual."

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

It was Resolved in the Affirmative.

Ludlow. Road, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from the Town of Ludlow, in the County of Salop, through Woofferton and Little Hereford, to a Place called Monks Bridge, in the said County, and also from the said Town of Ludlow to a Place or House called The Maidenhead, at Orleton, in the County of Hereford."

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

It was Resolved in the Affirmative.

Dunsby Common, enclosing, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming Articles of Agreement, for enclosing and dividing the Common Fields, Meadows, and Common Fen, in the Manor and Parish of Dunsby, in the County of Lincoln, and for rendering the same more effectual, and for other Purposes therein mentioned."

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 Four preceding Bills.

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

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

Adjourn.

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

DIE Martis, 14^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Linen Manufactures, Scotland, Bill.

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

With a Bill, intituled, "An Act for explaining, amending, and enforcing, an Act passed in the Thirteenth Year of His late Majesty's Reign, intituled, An Act for the better Regulation of the Linen and Hempen Manufactures in that Part of Great Britain called Scotland, and for further regulating and encouraging the said Manufactures," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Messages from H C to return the Bill for regulating the Commercement of the Year.

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

To return the Bill, intituled, "An Act for regulating the Commencement of the Year, and for correcting the Calendar now in Use," and to acquaint this House, that they have agreed to the said Bill, with some Amendments, whereunto they desire their Lordships Concurrence.

Bedford Common, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for empowering Sir Thomas Saunders Sebright Baronet to enclose Besford Common, in the County of Worcester, and for setting out and appointing proper Roads over the same, and for charging the said Common with a perpetual Yearly Rent, in Lieu of certain Rights and Privileges claimed by James Cocks Esquire, as Lord Paramount of the Manor of Besford," 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."

Menzie Machine to convey Coals by, Bill.

The Earl of Findlater made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for vesting, for a certain Term of Years, in Michael Menzies Esquire, his Executors, Administiators, and Assigns, the sole Property of a Machine, by him invented, for conveying of Coals from the Places where they are dug to the Heaps at the Mouths of the Pits, and in some Cases from the Heaps to the Staiths or Places where they are put on board Ships or Keels," was committed.

His Majesty's Advocate against Gordon, et e contra

After hearing Counsel in Part, in the Cause wherein His Majesty's Advocate for Scotland, on Behalf of His Majesty, is Appellant, and John Gordon Esquire, Second Son of Sir James Gordon of Park, deceased, Respondent, et è contra.

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow, and that the Counsel be called in at One o'Clock.

Wood's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of certain Estates, in the County of Stafford, of Christopher Wood Esquire, for discharging Encumbrances affecting the same, and for settling other Lands in Lieu thereof."

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 29th Day of this Instant May, at the usual Time and Place; and to adjourn as they please.

Against robbing Mines, Bill.

Ordered, That the Bill, intituled, "An Act for the better securing the Property of the Owners of Mines, from Theft and Robbery," be printed.

G Courtenay, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of George Courtenay Esquire and Mary 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 selling Part of the settled Estate of George Courtenay Esquire, for discharging Encumbrances affecting the same, and for enabling him to make a Provision for his Wife and Children, pursuant to his Marriage Articles"

Newland's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Estates late of William Newland Esquire, deceased, in Gatton, Rygate, and Meastham, in the County of Surry, for discharging Encumbrances"

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

It was Resolved in the Affirmative.

Stubblefield to take the Name of King, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling Richard King Stubblefield Gentleman and his Issue to take and use the Surname of King"

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

It was Resolved in the Affirmative.

Message to H C with the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Montagu and Mr. Lane

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

Adjourn.

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

DIE Mercurii, 15^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Baron de Rhynwyck & al Nat Bill.

Philip Jacob Baron de Soesdyk Van Cloon Lord of Rhynwyck, John Jugla, and Stephen Cogigian took the Oaths appointed, in order to their Naturalization.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Philip Jacob Baron de Soesdyk Van Cloon, Lord of Rhynwyck."

Ordered, That the said Bill 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.

Jugla Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Jugla and Stephen Cogigian."

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 the same Day, at the same Place, and to adjourn as they please.

Linen Manufacture, &c. Scotland, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for explaining, amending, and enforcing, an Act passed in the Thirteenth Year of His late Majesty's Reign, intituled, An Act for the better Regulation of the Linen and Hempen Manufactures, in that Part of Great Britain called Scotland, and for further regulating and encouraging the said Manufactures"

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

G Courtenay's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for selling Part of the settled Estate of George Courtenay Esquire, for discharging Encumbrances affecting the same, and for enabling him to make a Provision for his Wife and Children, pursuant to his Marriage Articles"

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 30th Day of this Instant May, at the usual Time and Place, and to adjourn as they please.

His Majesty's Advocate against Gordon, et e contra

After hearing Counsel further in the Cause wherein His Majesty's Advocate for Scotland, on Behalf of His Majesty, is Appellant, and John Gordon Esquire Respondent, et è contra

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow, and that the Counsel be called in at One o'Clock.

E of Powis's Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for establishing and confirming Articles, entered into upon the Marriage of Henry Arthur Earl of Powis with Barbara Countess of Powis his Wife, an Infant, and for the more effectually carrying the same into Execution," 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 by the Clerk, were agreed to by the House.

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

L Chedworth's Bill.

The House was moved, "That their Lordships 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 Bill, intituled, "An Act for enabling the Right Honourable John Thynne Lord Chedworth to settle a Jointure on Martha Porker Spinster, upon their Intermarriage, and for making Provision for their Younger Children, and for explaining the Will of Sir Philip Parker Long Baronet, deceased, and for other Purposes therein mentioned," stands committed, may meet on a sooner Day than was appointed, in regard this Session of Parliament is far advanced."

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

V Killmorey's Bill.

The like Motion and Order, with respect to the Committee to whom the Bill, intituled, "An Act for Sale of Part of the settled Estate of Thomas Lord Viscount Killmorey, for raising Money, to discharge the Encumbrances affecting the same prior to his Marriage Settlement, and for laying out the Surplus thereof in the Purchase of other Lands and Hereditaments, to be settled to the Uses of the said Settlement," stands committed.

G. Courtenay's Bill.

The like Motion and Order, with respect to the Committee to whom the Bill, intituled, "An Act for selling Part of the settled Estate of George Courtenay Esquire, for discharging Encumbrances affecting the same, and for enabling him to make a Provision for his Wife and Children, pursuant to His Marriage Articles," stands committed.

Wood's Bill.

The like Motion and Order, with respect to the Committee to whom the Bill, intituled, "An Act for Sale of certain Estates, in the County of Stafford, of Christopher Wood Esquire, for discharging Encumbrances affecting the same, and for settling other Lands in Lieu thereof," stands committed.

Bethnall Green Nightly Watch, &c. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for cleansing and enlightening the open Places, Streets, and other Passages, and regulating the Nightly Watch and Beadles, in the Parish of Saint Matthew Bethnall Green, in the County of Middlesex."

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

It was Resolved in the Affirmative.

Golden Square adorning, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the present and future Proprietors and Inhabitants of the Houses in Golden Square, in the Parish of Saint James Westminster, in the County of Middlesex, to make and levy a Rate on themselves, for raising Money sufficient for the better enclosing, paying, enlightening, and adorning, of the said Square, and supporting and keeping of the same in Repair for the future."

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

It was Resolved in the Affirmative.

Menzies, Machine to convey Coals, by, Bill;

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting, for a certain Term of Years, in Michael Menzies Esquire, his Executors, Administrators, and Assigns, the sole Property of a Machine, by him invented, for conveying of Coals from the Places where they are dug to the Heaps at the Mouths of the Pits, and in some Cases from the Heaps to the Staiths or Places where they are put on board Ships or Keels"

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

It was Resolved in the Affirmative.

Bedford Common enclosing, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for empowering Sir Thomas Saunders Sebright Baronet to enclose Besford Common, in the County of Worcester, and for setting out and appointing proper Roads over the same, and for charging the said Common with a perpetual Yearly Rent, in Lieu of certain Rights and Privileges claimed by James Cocks Esquire, as Lord Paramount of the Manor of Besford"

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 Four preceding Bills.

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

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

Adjourn.

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

DIE Jovis, 16^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

V Kilmorey's Bill 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 far as that the Committee to whom the Bill, intituled, "An Act for Sale of Part of the settled Estate of Thomas Lord Viscount Kilmorey in the Kingdom of Ireland, for raising Money, to discharge the Encumbrances affecting the same prior to his Marriage Settlement, and for laying out the Surplus thereof in the Purchase of other Lands and Hereditaments, to be settled to the Uses of the said Settlement," stands committed, may meet on an earlier Day than is appointed, in regard the Session of Parliament is very far advanced.

And Consideration being had thereof accordingly.

Ordered, That the said Standing Order be so far dispensed with, in this Case, as that the Committee may meet, to consider of the said Bill, To-morrow.

L Chedworth's Bill Committee shortened.

The like Proceeding was had in relation to the Bill, intituled, "An Act for enabling the Right Honourable John Thynne Lord Chedworth to settle a Jointure on Martha Parker Spinster, upon their Intermarriage, and for making Provision for their Younger Children, and for explaining the Will of Sir Philip Parker Long Baronet, deceased, and for other Purposes therein mentioned," except only that the Committee to whom the said Bill stands committed may meet, to consider thereof, on Monday next.

Wood's Bill; Committee shortened.

The like Proceeding was had, in relation to the Bill, intituled, "An Act for Sale of certain Estates, in the County of Stafford, of Christopher Wood Esquire, for discharging Encumbrances affecting the same, and for settling other Lands in Lieu thereof," except only that the Committee to whom the said Bill stands committed may meet, to consider thereof, on Tuesday next.

G Courteney's Bill, Committee shortened.

The like Proceeding was had, in relation to the Bill, intituled, "An Act for selling Part of the settled Estate of George Courtenay Esquire, for discharging Encumbrances affecting the same, and for enabling him to make a Provision for his Wife and Children, pursuant to his Marriage Articles," except only that the Committee to whom the said Bill stands committed may meet, to consider thereof, on Wednesday next.

Message from H C to return Moyle's Bill.

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

To return the Bill, intituled, "An Act for vesting a Message and Lands in Suffolk, Part of the settled Estate of Thomas Moyle Esquire, in Trustees, in Trust to sell the same, pursuant to an Agreement for that Purpose, and for applying the Money arising by such Sale towards the Purchase of another Estate, of greater Value, to be settled to the like Uses," and to acquaint this House, that they have agreed to the same, without any Amendment.

Baron de Rhynwyck's Nat Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Philip Jacob Baron de Soesdyk Van Cloon, Lord of Rhynwyck," 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.

Jugla's Nat. Bill.

The same Lord made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Jugla and Stephen Cogigian," was committed.

And the same Order was made.

F of Powis Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for establishing and confirming Articles, entered into upon the Marriage of Henry Arthur Earl of Powis with Barbara Countess of Powis his Wife, an Infant, and for the more effectually carrying the same into Execution"

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 Allen and Mr. Sawyer

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

His Majesty's Advocate against Gordon et e contra

Counsel (according to Order) were called in, to be further heard, in the Cause wherein His Majesty's Advocate for Scotland, on Behalf of His Majesty, is Appellant, and John Gordon Esquire Respondent, et e contra

And the Remainder of the said Cause having been heard on both Sides.

The Counsel were directed to withdraw.

After which,

The Lord Chancellor having fully stated the Case,

And Debate being had in relation thereunto,

It was proposed, "To affirm the latter Part of the Interlocutor of the Lords of Session appealed from."

And the same was agreed to.

Proposed likewise, "To put a Question to the Judges, for their Opinion, in the Words following, (videlicet,)

Question to the Judges.

"Supposing that, by the Law of Scotland, an Estate Tailzie, with prohibitive, instant, and resolutive Clauses, (fn. 1) is an Estate of Inheritance, and supposing also that, by the Law of Scotland, no Estate or Interest was vested in Sir William Gordon, by virtue of the Limitations in the Settlement of the 18th October 1713, to the Heirs Male of the Body of Sir James Gordon, what Estate or Interest in the Barony and Lands in Question was forfeited to the Crown, under the Limitations of the said Settlement, by the Attainder of Sir William Gordon?"

And the same being agreed to, the Judges were directed to deliver their Opinions thereupon.

But they desiring Time for that Purpose.

Ordered, That the Judges do deliver their Opinion upon the said Question, on Tuesday next.

Ordered, That the further Consideration of this Cause be adjourned to that Time.

Phipps against E Anglesey & al.

A Petition of Constantine Phipps Esquire, was presented, and read, setting forth, "That his Appeal stands for hearing before this House as To morrow, and the same will, as he is informed, take up several Days, there being Seven Counsel for different Parties," and praying, "That the said Hearing may be put off till after the Holidays."

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 accordingly put off to the First Day for Causes after the approaching Recess.

Adjourn.

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

DIE Veneris 17^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

L Fortescud introduced:

Matthew Lord Fortescue, Baron Fortescue of Castle Hill in the County of Devon, claiming by virtue of a special Limitation contained in a Patent granted to his late Brother Hugh Earl Clinton, by His present Majesty, was this Day (in his Robes) introduced, between the Lord Willoughby of Parham and the Lord Ducie (also in their Robes), the Gentleman Usher of the Black Rod, Garter King at Arms, and the Lord Great Chamberlain of England, preceding.

His Lordship presented his Patent, on his Knee, 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 was also read, as follows, (videlicet,)

His Writ of Summons.

"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 Mathew Fortescue, of Castle Hill in Our County of Devon, 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, all Excuses being laid aside, 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 Fourteenth Day of May, in the Twenty-fourth Year of Our Reign.

"Yorke and Yorke."

Then his Lordship came to the Table, and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes, and was then seated in his due Place.

Message from H C to return Sir W Maxwell's Bill.

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

To return the Bill, intituled, "An Act to enable Sir William Maxwell of Monreith Baronet, or other Heirs of Entail for the Time being, to sell Lands in the County of Wigtoun, for Payment of Debts, and other Purposes therein mentioned," and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

And the said Amendments, being read Thrice by the Clerk, were agreed to by the House.

And a Message was sent to the House of Commons, by Mr. Allen and Mr. Spicer, to acquaint them therewith.

Justices of the Peace, Safety, Bill.

A Message was brought from the House of Commons, by Sir Richard Lloyd and others.

With a Bill, intituled, "An Act for the rendering Justices of the Peace more safe in the Execution of their Office, and for indemnifying Constables and others acting in Obedience to then Warrants," to which they desire the Concurrence of this House.

Carlisle to Newcastle, Road Bill.

A Message was brought from the House of Commons, by Sir Richard Middleton and others.

With a Bill, intituled, "An Act for laying out, making, and keeping in Repair, a Road proper for the Passage of Troops and Carriages, from the City of Carlisle, to the Town of Newcastle upon Tyne," to which they desire the Concurrence of this House.

River Avon, Navigation, Bill.

A Message was brought from the House of Commons, by Sir John (fn. 2) Rushout and others.

With a Bill, intituled, "An Act for the better regulating the Navigation of the River Avon, running through the Counties of Warwick, Worcester, and Gloucester, and for ascertaining the Rates of Water Carriage upon the said River," to which they desire the Concurrence of this House.

Greenock, Duty on Beer, Bill.

A Message was brought from the House of Commons, by His Majesty's Advocate for Scotland and others:

With a Bill, intituled, "An Act for levying a Duty of Two Pennies Scots, or a Sixth Part of a Penny Sterling, on every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Greenock, and Baronies of Easter and Wester Greenock and Finnart, and Liberties thereof, in the County of Renfrew, for repairing the Harbour of the said Town, and for other Purposes therein mentioned," to which they desire the Concurrence of this House.

Game in Scotland, Preservation of, Bill.

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

With a Bill, intituled, "An Act for the better Preservation of the Game, in that Part of Great Britain called Scotland," to which they desire the Concurrence of this House.

Edinburgh Roads, Bill.

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

With a Bill, intituled, "An Act for repairing the High Roads in the County of Edinburgh, to and from the City of Edinburgh, and from Crammond Bridge to the Town of Queen's Ferry, in the County of Linlithgow," to which they desire the Concurrence of this House.

The Six last mentioned Bills were all read the First Time, and that relating to Justices of the Peace ordered to be printed.

Fitz Maurice, Leave for a Bill to take the Name of Petty.

Upon reading the Petition of the Honourable John Petty, formerly called John Fitz Mourice, praying Leave to bring in a Bill, for confirming to him and his Issue the Surname of Petty, pursuant to the Will of Henry Earl of Shelburne in the Kingdom of Ireland, deceased.

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

Bill read.

Accordingly, the Lord Cadogan presented to the House a Bill, intituled, "An Act to enable the Honourable John Fitz Maurne and his Issue to take and use the Surname of Petty, pursuant to the Will of Henry Earl of Shelburne in the Kingdom of Ireland, deceased"

And the same was read the First Time.

V Kilmorey's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the settled Estate of Thomas Lord Viscount Kilmorey in the Kingdom of Ireland, for raising Money, to discharge the Encumbrances affecting the same prior to his Marriage Settlement, and for laying out the Surplus thereof in the Purchase of other Lands and Hereditaments, to be settled to the Uses of the said 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 then 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.

Frasers against His Majesty's Advocate.

A Petition of Alexander and Archibald Frasers, was presented, and read, praying, "In regard the necessary Papers in this Cause are not yet transmitted hither from Scotland, that the hearing their Appeal, which stands appointed for Monday next, to which His Majesty's Advocate is Respondent, may be put off for a Month"

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

And being withdrawn.

Ordered, That the hearing the said Appeal be put off for a Month, as desired.

Linen Manufacture, &c Scotland, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for explaining, amending, and enforcing, an Act passed in the Thirteenth Year of His late Majesty's Reign, intituled, An Act for the better Regulation of the Linen and Hempen Manufactures, in that Part of Great Britain called Scotland, and for further regulating and encouraging the said Manufactures."

After some Time, the House was resumed.

And the Earl of Findlater 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."

Commencement of the Year, regulating, Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for regulating the Commencement of the Year, and correcting the Calendar now in Use."

And the said Amendments, being read Thrice by the Clerk, were agreed to by the House.

A Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Adjourn.

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

DIE Lunæ, 20^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

V Kilmorey's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of Thomas Lord Viscount Kilmorey in the Kingdom of Ireland, for raising Money, to discharge the Encumbrances affecting the same prior to his Marriage Settlement, and for laying out the Surplus thereof in the Purchase of other Lands and Hereditaments, to be settled to the Uses of the said Settlement."

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. Montagu

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

Ld Chedworth's Bill.

The Earl Cholmondeley reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling the Right Honourable John Thynne Lord Chedworth to settle a Jointure on Martha Parker Spinster, upon their Intermarriage, and for making Provision for their Younger Children, and for explaining the Will of Sir Philip Parker Long Baronet, deceased; and for other Purposes therein mentioned," 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.

Phipps against D of Anglesey & al.

Ordered, That the Cause wherein Constantine Phipps Esquire is Appellant, and Richard Earl of Anglesey and others are Respondents, which stands for hearing the First Day for Causes after the approaching Recess, be put off to Monday the 10th of June next, and that the Judges do then attend this House.

Webb against St Laurence & al.

A Petition of Robert St Laurence and George Woods Gentlemen, Respondents to the Appeal of Noah Webb Esquire, Administrator of Henry Webb Esquire, his late Father, deceased, was presented, and read, setting forth, "That the said Appeal, which complains of Proceedings of the Court of Chancery in Ireland that are of great Length, was lodged the 11th of March last, and this Cause was set down for hearing by the Appellant on the 7th Irstant, and now stands for Wednesday next," and praying, "In regard the Petitioners apprehend they shall not be able to be prepared for the Hearing in less than a Month, that the same may be adjourned for that Time, or for so long 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 said Hearing be put off to the First Day for Causes after the approaching Recess.

Linen Manufacture, &c Scotland, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for explaining, amending, and enforcing, an Act passed in the Thirteenth Year of His late Majesty's Reign, intituled, An Act for the better Regulation of the Linen and Hempen Manufactures, in that Part of Great Britain called Scotland, and for further regulating and encouraging the said Manufactures."

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

It was Resolved in the Affirmative.

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

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

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

Carlisle to Newcastle, Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for laying out, making, and keeping in Repair, a Road proper for the Passage of Troops and Carriages, from the City of Carlisle, to the Town of Newcastle upon Tyne."

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

Fitz Maurice, to take the Name of Petty, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act [ (fn. 3) to enable] the Honourable John Fitz Maurice and his Issue to take and use the Surname of Petty, pursuant to the Will of Henry Earl of Shelburne in the Kingdom of Ireland, deceased."

Ordered, That the said Bill 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.

Greenock, Duty on Beer, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for levying a Duty of Two Pennies Scots, or a Sixth Part of a Penny Sterling, on every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Greenock, and Baronies of Easter and Wester Greenock and Finnort, and Liberties thereof, in the County of Renfrew, for repairing the Harbour of the said Town, and for 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 the same Day, at the same Place, and to adjourn as they please.

River Avon, Navigation, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better regulating the Navigation of the River Avon, running through the Counties of Warwick, Worcester, and Gloucester, and for ascertaining the Rates of Water Carriage upon the said River."

Ordered, That the said Bill be committed to the Consideration of the same Committee.

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

Edinburgh Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the High Roads in the County of Edinburgh, to and from the City of Edinburgh, and from Crammond Bridge to the Town of Queen's Ferry, in the County of Linlithgow"

Ordered, That the said Bill be committed to the Consideration of the same Committee.

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

Game in Scotland, Prefervation of, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better Preservation of the Game, in that Part of Great Britain called Scotland."

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

Against robbing Mines, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better securing the Property of the Owners of Mines, from Theft and Robbery"

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

Baron de Rhynwick, Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Philip Jacob Baron de Soesdyk Van Cloon, Lord of Rhynwick."

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

It was Resolved in the Affirmative.

Jugla & al Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Jugla and Stephan Cogigian."

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

It was Resolved in the Affirmative.

Message to H C with the Two preceding Bills.

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

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

Adjourn.

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