House of Lords Journal Volume 27: May 1751, 21-30

May 1751, 21-30

DIE Martis, 21^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Marquis of Rockingnam takes his Seat.

(fn. 1) Charles Marquis of Rockingham sat first in Parliament, after the Death of his Father (fn. 2) Thomas Marquis of Rockingham, having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Wood's Bill.

The Lord Willoughby of Parham reported from the Lords Committees 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," 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.

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

His Lordship also reported from the Lords Committees to whom the Bill, intituled, "An Act 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, 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.

L Chedworth's Bill.

Hodie 3^a vice lecta est Billa, 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."

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. Edwards and Mr. Spicer

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

Messages from thence, to return the Regency Bill.

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

To return the Bill, 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," and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

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 the former Messengers, to acquaint them therewith.

Barlow's Bill,

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

To return the Bill, intituled, "An Act for vesting Part of the settled Estate of George Barlow Esquire in him and his Heirs, and for settling another Part of his Estate, of greater Value, to the same Uses, in Lieu thereof," and to acquaint this House, that they have agreed to the same, with several Amendments, whereunto they desire their Lordships Concurrence.

and Bulstrode's Bill.

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

To return the Bill, intituled, "An Act for confirming a Partition of the Estate late of George Gardner Esquire, deceased, and for settling and disposing of the Lands belonging to Edward Bulstrode Esquire, upon the said Partition, for discharging Encumbrances, and for a Provision for himself, and his Wife and Children, pursuant to his Marriage Settlement," and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The said Amendments were Twice read.

And the Three First of them, being read the Third Time, were severally agreed to.

And the Fourth Amendment being read, which was, to add the Name of one Samuel Richards of Pershore in the County of Worcester Gentleman to the Two other Trustees already named in the Bill,

The said Rickards was called in, to the Bar; and there asked, "If he was apprized of the Purport of the said Amendment? And whether he consented to accept the Trust thereby reposed in him?"

And he, answering in the Affirmative, was directed to withdraw.

And the said Fourth Amendment was likewise agreed to.

Which done;

The Residue of the Amendments were also read, and severally agreed to.

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

To acquaint them, that the Lords have agreed to the Amendments made by them to the said Bill.

Carlisle to Newcastle, Road Bill.

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

After some Time, the House was resumed.

And the Earl of Northumberland 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."

Game in Scotland, Preservation of, Bill.

The like Proceeding was had, in relation to the Bill, intituled, "An Act for the better Preservation of the Game, in that Part of Great Britain called Scotland."

And the same Report was made.

Edinburgh Roads, Bill.

The Earl of Findlater reported from the Lords Committees to whom the 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," 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 di rected him to report the same to the House, without any Amendment."

River Avon, Navigation, Bill.

The same Earl made the like Report from the Lords Committees to whom the 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," was committed.

Greenock, Duty on Beer, Bill.

His Lordships made the same Report from the Committee to whom the 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," was committed.

His Majesty's Advocate against Gordon, et e contra

The Order of the Day being read, for taking into further Consideration the Cause upon the Original Appeal of His Majesty's Advocate for Scotland, on Behalf of His Majesty, complaining of the former Part of an Interlocutor of the Lords of Session in Scotland, of the 16th of November 1750, to which Appeal John Gordon Esquire, Second Son of Sir James Gordon of Park, deceased, is Respondent, as likewise of the Cross Appeal of the said John Gordon, complaining of the latter Part of the said Interlocutor, to which Appeal His Majesty's said Advocate is Respondent, and for the Judges to deliver their Opinion upon the following Question, (videlicet,)

"Supposing that, by the Law of Scotland, an Estate Tailzie, with prohibitive, irritant, and resolutive Clauses, 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 19th Oct. 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?"

Judges Opinion:

Whereupon the Lord Chief Baron of the Court of Exchequer accordingly delivered the unanimous Opinion of the Judges, as follows, (videlicet,)

"That the Estate and Interest in the Barony and Lands in Question, which was forfeited to the Crown, under the Limitations of the said Settlement, by the Attainder of Sir William Gordon, was not only during the Life of Sir William Gordon, but so long as there shall be any Issue Male of his Body which would be inheritable to the Estate Tailzie in case he had not been attainted, and that the Reversionary Interest in the Fee thereof, limited by the Settlement to the Heirs and Assigns whatsoever of Sir James Gordon, on Failure of the Heirs Male of the Body of Sir James Gordon, and the Determination of the several Estates by the other Substitutions therein contained, was also forfeited, supposing that, by the Law of Scotland, such Reversionary Interest was in Sir William Gordon at the Time of his Attainder."

And, after Debate, and due Consideration had of what was offered by the Counsel on both Sides in this Cause, at the Bar, on Tuesday, Wednesday, and Thursday last.

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the First Part of the said Interlocutor, whereby the Lords of Session found, "That Sir William Gordon, the Person attainted, being, by the Entail, disabled from alienating the Estate, charging the same with Debts, or altering the Course of Succession, in Prejudice of the Claimant and the other Heirs of Tailzie, or from otherwise hurting or impairing their Right or Title to the said Estate after his Death in any Manner of Way whatsoever, that therefore the Estate and Barony of Park is, by Sir William's Attainder, forfeited to the Crown only during his Life," and find, "That the said John Gordon the Claimant hath Right to the said Estate and Barony of Park, after the Death of the said Sir William Gordon," be, and the same is hereby, reversed And it is further Ordered and adjudged, That the latter Part of the said Interlocutor, whereby the Lords of Session found, "That the Irritancy alleged to be incurred by Sir William Gordon, the attainted Person, not having been declared, nor no Advantage taken of it, before the Forfeiture, the Forfeiture cannot be over-reached or excluded on Pretence of that Irritancy," be, and the same is hereby, affirmed And it is also hereby Declared and Adjudged, That Sir William Gordon, the Person attainted, being, under the Settlement made by his Father Sir James Gordon, dated the 19th of October 1713, seised of an Estate Tailzie in the Barony and Estate of Park, notwithstanding such Tailzie was affected with prohibitive, irritant, and resolutive Causes, the said Barony and Estate of Park did, by virtue of the Statute of the 7th Year of the Reign of Queen Anne, Chap 21, become forfeited to the Crown, by the said Sir William Gordon's Attainder, during his Life, and the Continuance of such Issue Male of his Body as would have been inheritable to the said Estate Tailzie in case he had not been attainted, and also for such Estate and Interest as was vested in, or might have been claimed by, the said Sir William Gordon, by virtue of the last Limitation in the said Settlement, to the Heirs and Assignees whatsomever of the said Sir James Gordon, after all the Substitutions therein contained shall be expired or determined, and that, by virtue of the Substitution to the Heirs Male of the said Sir James Gordon's Body of his then present Marriage, the Respondent John Gordon hath Right to succeed to the said Barony and Estate of Park, after the Death of the said Sir William Gordon, and Failure of such Issue Male of his Body as aforesaid, according to the Limitations in the said Settlement And it is further Ordered, That Liberty be reserved to the Crown, and also to the said John Gordon, and any other Person who may become entitled to the said Barony and Estate of Park by virtue of any of the said Substitutions, to apply to the Court of Session, for such further Order or Direction in the Premises as shall be just, as often as any new Right shall accrue to them respectively in Consequence of any of the Substitutions or Limitations in the said Settlement.

Carlisle to Newcastle, Road Bill.

Hodie 3^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."

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

It was Resolved in the Affirmative.

River Avon, Navigation, Bill.

Hodie 3^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"

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

It was Resolved in the Affirmative.

Edinburgh Roads, Bill.

Hodie 3^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 (fn. 3) Bridge to the Town of Queen's Ferry, in the County of Linlithgow"

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

It was Resolved in the Affirmative.

Greenock Duty on Beer, Bill.

Hodie 3^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 Finnart, and Liberties thereof, in the County of Renfrew, for repairing the Harbour of the said Town, and for other Purposes therein mentioned"

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

It was Resolved in the Affirmative.

Game in Scotland, Preservation of, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better Preservation of the Game, in that Part of Great Britain called Scotland"

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 Five preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by the former Messengers.

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

Adjourn.

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

DIE Mercurii, 22^o Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Messages from H C to return Queens College, Oxon, Bill:

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

To return the Bill, intituled, "An Act for the better effecting the Purposes mentioned in the Will of John Michel, late of Richmond, in the County of Surrey, Esquire, deceased, for the Benefit and Advantage of Queen's College in the University of Oxford," and to acquaint this House, that they have agreed to the same, without any Amendment.

Geo Courtenay's Bill.

The Lord Willoughby of Parham reported from the Lords Committees 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," 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.

Thefts on Rivers, to prevent, Bill.

A Message was brought from the House of Commons, by Sir William Calvert and others.

With a Bill, intituled, "An Act for the more effectual preventing of Robberies and Thefts, upon any Navigable Rivers, Ports of Entry, or Dischargewharfs and Quays adjacent," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on the Throne, with the accustomed Ceremonies, the Duke of Cumberland (in his Robes) sitting in his Place (the Lords being also in their Robes), commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker;

He, after a short Introduction in relation to the Bill for reducing the Interest on the South Sea Stock, delivered the same to the Clerk Assistant, 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 reducing the Interest upon the Capital Stock of the South Sea Company, from the Time, and upon the Terms, therein mentioned, and for preventing of Frauds committed by the Officers and Servants of the said Company."

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

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

"2 An Act to 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."

"3. An Act for regulating the Commencement of the Year, and correcting the Calendar now in Use."

"4 An Act for the better Regulation of Trials by Jury, and for enlarging the Time for Trials by Nisi Prias, in the County of Middlesex"

"5. 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"

"6 An Act for the more speedy and easy Recovery of small Debts, within the City of Lincoln and County of the same City, and the Liberties and Precincts thereof; and within the Bail of Lincoln, in the County of Lincoln."

"7 An Act for explaining and amending an Act passed in the Twenty-first Year of the Reign of His present Majesty, intituled, An Act for the Relief of the Annuitants of the Wardens and Commonalty of the Mystery of Mercers of the City of London; and for other Purposes therein mentioned."

"8 An Act for the better Preservation of the Game, in that Part of Great Britain called Scotland"

"9. An Act for enlarging the Term and Powers granted by Two Acts of Parliament, for repairing the Road from Wendover to the Town of Buckingham, in the County of Bucks, and also for repairing and widening the Road leading from the West End of the said Town of Wendover, to the End of a Lane called Oak Lane, next the Great Road called The Oxford Road, lying between the Town of Beconsfield, in the said County of Bucks, and Uxbridge, in the County of Middlesex, and that Part of the said great Road which leads from the West End of the said Town of Beconsfield to the River Colne, near Uxbridge aforesaid."

"10. An Act for repairing the Road from the Top of Crickley Hill, in the County of Gloucester, to Frogg Mill, through the Towns of Northleach, Burford, and Witney, and Parishes of Hanborough and Bloden, to Campsfield, in the Parish of Kidlington, in the County of Oxford, and also the Road from Witney, through Ensham, Cumner, and Botley, to the City of Oxford"

"11. An Act for repairing the High Roads leading from Darlington, in the County of Durham, to West Auckland, and several other Roads in the said County, therein mentioned."

"12 An Act for enlarging the Term and Powers granted by an Act passed in the Third Year of the Reign of His present Majesty, for repairing and amending the several Roads leading from Woodstock, through Kiddington and Enstone, to Rollright Lane, and from Enslow Bridge to Kiddington aforesaid, in the County of Oxford, and for making the said Act more effectual."

"13. An Act for repairing the Road from Crosford Bridge, through the Townships of Stretford and Hulme, to the Town of Manchester, in the County Palatine of Lancaster."

"14 An Act for repairing the Road leading from the East End of Brumpton High Lane, in the County of York, to the Town of Richmond, and from thence, to and through the Towns of Askrigg and Ingleton, in the said County, to the Town of Lancaster, in the County of Lancaster."

"15 An Act for repairing and widening the Road from Preston to Lancaster, and from thence to a Place called Heiring Syke, that divides the Counties of Lancaster and Preston."

"16. An Act for explaining and amending so much of an Act passed in the Fourteenth Year of the Reign of His present Majesty, for the repairing and enlarging the Roads from the Town of Selby, in the West Riding of the County of York, to the Town of Leeds, and from thence in Two several Branches, one through Bradford and Horton, and the other through Bowling and Wibsey, to the Town of Halifax, in the same Riding, as relates to that Part of the said Roads which lies between Selby and Leeds, and also for repairing the Road from Tadcaster, in the said West Riding, over Bramham Moor, through Kiddell Lane, over Win Moor, and through Seacroft, to a Place called Halton Dyal, where it comes into the abovesaid Road between Selby and Leeds."

"17. An Act for reparing the Road leading from the Town of Ludlow, in the County of Salop, through Wofferton 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"

"18 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"

"19. 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"

"20. An Act for repairing the High Roads in the County of Edinburgh, to and from the City of Edinburgh, and from Cramond Bridge to the Town of Queen's Ferry, in the County of Linlithgow."

"21. An Act for building a Bridge over the River Ribble, between the Townships of Preston and Penwortham, near a Place called The Fish-house, in the County Palatine of Lancaster"

"22 An Act for appointing Commissioners to put in Execution an Act made in the Twenty-second Year of the Reign of King Charles the Second, for making navigable the Rivers commonly called Brandon and Waveney, so far as the same relates to the Navigation of the River commonly called The Lesser Ouze, from Thetford to Brandon, and from Brandon to a Place called The White House, near Brandon Ferry, in the Counties of Norfolk and Suffolk"

"23. An Act for making the River Nar navigable, from the Town and Port of King's Lynn, to Westacre, in the County of Norfolk"

"24. 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."

"25 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."

"26. An Act to enable the Parishioners of the Parish of St Mary, Islington, in the County of Middlesex, to re-build the Church of the said Parish"

"27. An Act to enable the present and future Proprietors and Inhabitants of the House 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 adoining, of the said Square, and supporting and keeping of the same in Repair for the future'

"28. 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 Bethnal Green, in the County of Middlesex."

"29. 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 these Bills the Royal Assent was severally pronounced, in these Words, (videlicet,)

"Le Roy le veult"

"30 An Act to enable the most Noble Jane Dutchess Dowager of Argyll and Greenwich to grant Leases of the Ground, and Repairing Leases of the Houses and Buildings, in the County of Middlesex, mentioned in the Will of John late Duke of Argyll and Greenwich, deceased"

"31 An Act for charging divers Houses, Tenements, and Hereditaments, in the City of London, and County of Hertford, Part of the settled Estate of William Earl Cowper, with raising Money, towards defraying the Expences of re-building the said Houses in London, burnt down and destroyed by Fire."

"32. An Act for vesting divers Lands, Tenements, and Hereditaments, in the County of Corke, in the Kingdom of Ireland, comprized in the Marriage Settlement of John Earl of Egmont, in him and his Hens, discharged of the Uses of that Settlement, and for settling other Lands and Hereditaments in the said County, of greater Value, in Lieu thereof, to the same Uses."

"33. An Act for Sale of a Capital Messuage at Bromley, and divers Messuages, Lands, and Hereditaments, in the Counties of Middlesex and Essex, late the Estate of Sir Charles Peers Knight, deceased, some Time since One of the Aldermen of the City of London, and for purchasing another Estate, to be settled to the Uses of his Will"

"34 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"

"35 An Act for vesting the undivided Twelfth Part of John Jekyll, an Infant, in the Real Estate of Sir Joseph Jekyll Knight, deceased, in Trustees, to be sold, for the Purposes therein mentioned"

"36 An Act for Sale of the Estate late of Edmund Pleydell Esquire, in Gloucestershire, and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses of his Will"

"37 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 Wig toun, for Payment of Debts, and other Purposes therein mentioned"

"38. An Act for the effectual securing of a Jointure, by Way of Rent Charge, for Barbara Mainwaring Ellerker, Wife of Eaton Mainworing Ellerker Esquire, and raising Portions for then Younger Children, pursuant to an Agreement contained in then Marriage Settlement, and for confirming and establishing the Surname of Ellerker, and the Coat of Arms of the Ellerkers of Risby, in the County of York, and the Crest granted by King Henry the Eighth, to the said Laton Mainwaring Ellerker and his Issue."

"39 An Act for confirming a Partition of the Estate late of George Gardner Esquire, deceased, and for settling and disposing of the Lands belonging to Edward Bulstrode Esquire, upon the said Partition, for discharging Encumbrances, and for a Provision for himself and his Wife and Children, pursuant to his Marriage Settlement."

"40 An Act to empower the Guardian of Guardians of Thomas Horner Esquire, an Infant, for the Time being, to make Leases and Copyhold Grants of his Estates in the County of Somerset, during his Minority, according to the Usage and Custom of the Country, and for other Purposes therein mentioned."

"41 An Act for vesting a Messuage 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"

"42. An Act for the better effecting the Purposes mentioned in the Will of John Michel, late of Richmond, in the County of Surrey, Esquire, deceased, for the Benefit and Advantage of Queen's College in the University of Oxford"

"43 An Act to confirm and establish an Agreement, for enclosing and dividing several Lands and Grounds, in the Parish of Welton, in the County of York, and for settling a Yearly Sum on the Vicar, in Lieu of Tithes, and other Purposes therein mentioned."

"44. An Act for confirming Articles of Agreement for enclosing and dividing certain Commons and Waste Grounds, in the Parish of Yatton, in the County of Somerset."

"45 An Act for enclosing and dividing the Common Fields, Common Pastures, Common Meadows, and Waste Grounds, in the Manor and Parish of Farthingstone, in the County of Northampton."

"46 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."

"47 An Act for empowering Sir Thomas Saunders Scbright 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."

"48 An Act for confirming Articles of Agreement, for enclosing the Common Pastures and Common Grounds, within the Manor of Hutton Bushell, in the County of York."

"49 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."

"50. An Act to enable William Leyborne, formerly called William Leyborne Taylor, to take and use the Surname of Leyborne only, and bear the Coat of Arms of the Family of Leyborne, pursuant to the Will of his Uncle William Leyborne, deceased."

"51. An Act for enabling James Langston, formerly called James Haughton, and his Heirs, to use the Surname, and bear the Family Arms, of Langston, pursuant to the Will of James Langston, his Uncle, deceased."

"52 An Act to enable John Fenwick, lately called John Wilson, and the Heirs Male of his Body, to take the Name and bear the Arms of Fenwick only, pursuant to the Wills of Robert Fenwick and Nicholas Fenwick."

"53 An Act for naturalizing Count Stephanus Laurentius Neale."

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

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Wood's Bill.

Hodie 3^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."

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

It was Resolved in the Affirmative.

Fitz Maurice to take the Name of Petty, Bill.

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

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. Bennett and Mr. Edwards

To carry down the Two last mentioned Bills, and desire their Concurrence to them.

Adjourn.

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

DIE Jovis, 23^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Message from H C to return Blots' Bill.

A Message was brought from the House of Commons, by Sir Cordell Firebrace and others:

To return the Bill, intituled, "An Act for vesting the undivided Morety of divers Lands and Hereditaments, in the Counties of Leicester, Stafford, and Derby, devised by the Will of Sarah Frowde Widow, deceased, in Ralph Blois Clerk, in Fee Simple, and for settling an entire Estate in the County of Suffolk, of greater Value, to the Uses limited by the same Will," and to acquaint this House, that they have agreed to the same, without any Amendment.

G Courtenay's Bill.

Hodie 3^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"

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. Bennet and Mr. Edwards

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

Small Debts Westmr, Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act passed in the last Session of Parliament, intituled, An Act for the more easy and speedy Recovery of small Debts, within the City and Liberty of Westminster, and that Part of the Dutchy of Lancaster which adjoineth thereto, and for making the said Act more effectual," to which they desire the Concurrence of this House.

Peterborough Road, Bill.

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

With a Bill, intituled, "An Act for the enlarging of the Terms and Powers, and making more effectual several Acts of Parliament, for repairing and amending the Highways leading from Royston, in the County of Hertford, to Wandsford Bridge, in the County of Huntingdon, so far as relates to the amending of that Part of the Road as lies between a Place called The White Post, on Alconbury Hill, in the County of Huntingdon, and Wandsford Bridge, in the same County, called The North Division, and that the Tolls taken at Saltree and Wandsford Toll Gates may, from and after a certain Time, be lowered, and for repairing the Road leading from Stilton, in the said County of Huntingdon, to Peterborough, in the County of Northampton," to which they desire the Concurrence of this House.

Attestation of Devises of Estates, Bill:

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

With a Bill, intituled, "An Act to explain and amend so much of an Act made in the Twenty-ninth Year of the Reign of King Charles the Second (intituled, "An Act for preventing of Frauds and Perjuries") as relates to the Attestation of Devises of Real Estates," to which they desire the Concurrence of this House.

The said Three last mentioned Bills were read the First Time, and the last ordered to be printed, and read a 2^d Time on Thursday the 13th Day of June next; and the Judges to attend.

Against robbing Mines, Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for the better securing the Property of the Owners of Mines from Theft and Robbery."

Ordered, That the House be put into a Committee thereupon, on Thursday next after the approaching Recess.

Justices of Peace, Safety, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the rendering Justices of the Peace more safe in the Fxecution of their Office, and for indemnifying Constables and others acting in Obedience to their Warrants."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Fortnight.

Thefts on Rivers, to prevent, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more effecutal preventing of Robberies and Thefts upon any Navigable Rivers, Ports of Entry, or Discharge-wharss and Quays adjacent."

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

Adjourn.

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

DIE Veneris, 24^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Tobacco Duties, securing, Bill.

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

With a Bill, intituled, "An Act for the more effectual securing the Duties upon Tobacco," to which they desire the Concurrence of this House.

Dutchy of Cornwall, Leases, Bill.

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

With a Bill, intituled, "An Act to enable His Majesty to make Leases and Copies of Offices, Lands and Hereditaments, Parcel of His Dutchy of Cornwall, or annexed to the same," to which they desire the Concurrence of this House.

Linen Yarn, Duties, Bill.

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

With a Bill, intituled, "An Act for repealing the Duties now payable upon Foreign Linen Yarns, and for granting other Duties in Lieu thereof," to which they desire the Concurrence of this House.

Micl aelmas Term, shortening, Bill,

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

With a Bill, intituled, "An Act for the Abbreviation of Michaelmas Term," to which they desire the Concurrence of this House.

The said Bills were read the First Time.

Peterborough Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the enlarging of the Terms and Powers, and making more effectual, several Acts of Parliament, for repairing and amending the Highways leading from Royston, in the County of Hertford, to Wandsford Bridge, in the County of Huntingdon, so far as relates to the amending of that Part of the Road as lies between a Place called The White Post, on Alconbury Hill, in the County of Huntingdon, and Wandsford Bridge, in the same County, called The North Division, and that the Tolls taken at Saltree and Wandsford Toll Gates may, from and after a certain Time, be lowered, and for repairing the Road leading from Stilton, in the said County of Huntingdon, to Peterborough, in the County of Northampton"

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 Wednesday the 5th of June next, at the usual Time and Place, and to adjourn as they please.

Ordered, That all the Lords who have been present this Session, and are not of the said Committee, be added thereunto.

Small Debts, Westm'r, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the last Session of Parliament, intituled, "An Act for the more easy and speedy Recovery of small Debts, within the City and Liberty of Westminster, and that Part of the Dutchy of Lancaster which adjoineth thereto, and for making the said Act more effectual.

Ordered, That the said Bill be committed to a Committee of the whole House, on the First Day of Meeting after the Recess.

Message from H. C. to return Eliz Courtenay & al. Bill.

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

To return the Bill, intituled, "An Act for making and granting Leases of Lands, Tenements, and Mines, in the County of Cornwall, comprized in the Marriage Settlement and Will of Kelland Courtenay Esquire, deceased, during the Minority of his Issue claiming under the said Settlement and Will," and to acquaint this House, that they have agreed to the same, without any Amendment.

Thefts on Rivers, to prevent, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual preventing of Robberies and Thefts, upon any Navigable Rivers, Ports of Entry, or Discharge-wharfs and Quays adjacent"

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."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quartum diem Junii jam prox sequen. hora undecima Auroræ, Dominis sic decernentibus.