House of Lords Journal Volume 28: December 1753

December 1753

DIE Lunæ, 3^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Newman's Pet. referred to Judges.

Upon reading the Petition of Frances Newman and Barbara Newman Spinsters; praying Leave to bring in a Bill, to enable the Petitioner Frances, as Committee of Elizabeth Kitchin their Sister, a Lunatick, with the Consent of the Petitioner Barbara, to make, or join in making and executing, Leases of certain Estates, in the Counties of Northampton, Somerset, Gloucester, Dorset, and Middlesex, during the Lunacy of the said Elizabeth:

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 Adams; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Von Gehren's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Frederick Von Gehren."

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

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

Grevenkop's Nat. Bill.

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

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.

Bertrand & al. to be added to Bazin & al. Nat. Bill.

Upon reading the Petition of Charles Bertrand, Francis Desmaretz, and Jacob Blaquiere; praying That their Names may be inserted in the Bill now depending in this House, for naturalizing John Isaac Bazin, Lewis Ogier, and Peter Guinard:"

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

White, to enter into a Recognizance for Lettis.

The House being moved, "That Hugh White Gentleman may be permitted to enter into a Recognizance for George Lettis, on account of his Appeal depending in this House, he living in the Country:"

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

Ward, to enter into a Recognizance for the York Buildings Annuitants.

The House being moved, "That William Ward Gentleman may be permitted to enter into a Recognizance for the Trustees of the Annuitants of the York Buildings Company, on account of their Appeal depending in this House:"

It is Ordered, That the said William Ward may enter into a Recognizance for the said Appellants, as desired.

Bernard against Woodley.

After hearing Counsel further, in the Cause wherein Roger Bernard Esquire is Appellant, and Francis Woodley and John Dixon are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Judges do then attend.

Adjourn.

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

DIE Martis, 4^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Persons sworn, in order to be naturalized.

Charles Bertrand, Francis Desmaretz, and Jacob Blaquiere, were called in, and took the Oaths appointed, in order to their Naturalization.

Bazin & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Isaac Bazin, Lewis Ogier, and Peter Guinard."

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

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

Ordered, That the Petition of Charles Bertrand, Francis Desmaretz, and Jacob Blaquiere, praying that their Names may be inserted in the said Bill, be referred to the said Committee.

Kemp & al. Pet. referred to Judges.

Upon reading the Petition of William Kemp Gentleman, James Gray Gentleman and Elizabeth his Wife, Francis Blomefield Surgeon and Martha his Wife, Christopher Purdon Gentleman and Jane his Wife, Sarah Kemp Spinster, Robert Kemp the Elder Gentleman and Mary his Wife, on Behalf of themselves and of Robert Kemp the Younger their Son and Heir Apparent an Infant, and of Sir William Harbord Baronet and Knight of the Bath; praying Leave to bring in a Bill, for Sale of certain Manors and Lands, in the County of Norfolk, late the Estate of William Kemp Esquire, deceased, for the Purposes therein mentioned:

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. Justice Birch; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Bernard against Woodley:

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Roger Bernard Esquire is Appellant, and Francis Woodley and John Dixon Esquires are Respondents.

And the Second Counsel for the Respondents having been fully heard:

And the First Counsel for the Appellant having been heard in Reply:

The Counsel were directed to withdraw.

Question to the Judges.

Proposed, "That the Judges be directed to deliver their Opinions upon the following Question; videlicet,

"Whether the Lands comprized in the Lease in Question in this Cause can be sued for, and recovered, by a Protestant Discoverer, within the Irish Act of Parliament of the 8th Year of Queen Anne?"

And the same being agreed to:

Ordered, That the further Consideration of this Cause be adjourned till this Day Sevennight; and that the Judges do then attend, to deliver their Opinions upon the said Question.

R. Irvine against Irvine.

Ordered, That the Hearing of the Cause wherein Alexander Ramsay Irvine of Saphock is Appellant, and Alexander Irvine and others are Respondents, which stands for To-morrow, be put off to Thursday next.

Davidson to enter into a Recognizance for M'kenzie.

The House being moved, "That Henry Davidson Gentleman may be permitted to enter into a Recognizance for Sir Kenneth Mackenzie, on account of his Appeal depending in this House; he being Abroad:"

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

Adjourn.

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

DIE Jovis, 6^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Von Gehren's Nat. Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Frederick Von Gehren," 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 said Bill, and directed him to report the same to the House, without any Amendment."

Grevenkop's Nat. Bill.

The Earl of Findlater also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Caspar Grevenkop," 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 said Bill, and directed him to report the same to the House, without any Amendment."

Bazin & al. Nat. Bill.

The Earl of Findlater also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Isaac Bazin, Lewis Ogier, and Peter Guinard," was committed: "That they had considered the said Bill, and 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 thereto."

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

Military Road between Carlisle and Newcastle, Commissioners Accompts delivered.

The House being informed, "That Mr. Bigge, from the Commissioners and Trustees appointed to put in Execution an Act of the 24th Year of His present Majesty, for making a Road for Troops and Carriages from Carlisle to Newcastle, attended:"

He was called in; and delivered, at the Bar,

"Copies of the Proceedings and Accompts of the said Commissioners and Trustees, for the Counties of Cumberland and Northumberland."

And then he was directed to withdraw.

And the Titles thereof were read by the Clerk, as follow:

"1753.

"Copies of the several Acts and Proceedings made by the Commissioners and Trustees, and also the Accompt of the Receipts and Disbursements of George Pattinson Gentleman, Treasurer to and for the said Commissioners and Trustees nominated and appointed for putting in Execution an Act passed in the 24th Year of the Reign of His present Majesty, 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," so far as the same relates to or concerns that Part of the said Road which lies in the County of Cumberland."

"1753.

"Copy of the Sixth Accompt of the Receipts and Disbursements of John Tweddell Gentleman, Clerk and Treasurer to and for the Commissioners and Trustees nominated and appointed for putting in Execution an Act passed in the 24th Year of His present Majesty's Reign, 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, so far as the same relates to or concerns that Part of the said Road which lies in the County of Northumberland."

Ordered, That the same do lie on the Table.

R Irvine against Irvine & al.

After hearing Counsel in Part, in the Cause wherein Alexander Ramsay Irvine of Saphock is Appellant, and Alexander Irvine and others are Respondents:

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

Adjourn.

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

DIE Veneris, 7^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Von Gehren's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Frederick Von Gehren."

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

It was Resolved in the Affirmative.

Grevenkop's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Caspar Grevenkop."

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

It was Resolved in the Affirmative.

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

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

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

Bazin & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Isaac Bazin, Lewis Ogier, and Peter Guinard."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to Amendments to it.

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

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

R. Irvine against Irvine & al.

After hearing Counsel further, in the Cause wherein Alexander Ramsay Irvine of Saphock is Appellant, and Alexander Irvine and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next; and that the Counsel be called in precisely at One o'Clock.

Adjourn.

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

DIE Lunæ, 10^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lettis against Jennings.

The Answer of George Jennings Esquire, to the Appeal of George Lettis Esquire, was brought in.

Land Tax Bill.

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

With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-four; to which they desire the Concurrence of this House.

Mutiny Bill.

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

With a Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

R. Irvine against Irvine & al.

After hearing Counsel, as well on Thursday and Friday last as this Day, upon the amended Petition and Appeal of Alexander Ramsay Irvine of Saphock; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 22d of November 1751, the 26th of June 1752, and the 2d of March 1753; and praying, "That the same might be reversed, varied, or amended; and that such other Relief might be given the Appellant as to this House in their great Wisdom should seem meet:" As also upon the Answer of Alexander Irvine, Son of John Irvine Writer in the Chancery-office in Edinburgh, and the said John Irvine as Administrator in Law to his said Son, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors of the 26th of June 1752, and the 2d of March 1753, be, and the same are hereby, reversed: And it is further Ordered and Adjudged, That the Interlocutor of the 15th of November 1752, whereby the said Lords of Session found the Reasons of Reduction not proven, and therefore assoilzied and decerned accordingly, be, and the same is hereby, affirmed: And it is hereby Declared, That the Objection against the said Interlocutor of the 22d of November 1751, whereby the said Lords of Session refused to allow a Proof of Reprobator against the Testimony of Lady Saphock, having been waived by the Appellant's Counsel at the Bar; and the said Interlocutor being now become immaterial; their Lordships do not think fit to enter into the Consideration of the Merits thereof.

Adjourn.

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

DIE Martis, 11^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Land Tax Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fiftyfour."

Mutiny Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

Douglas against Douglas.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Douglas Esquire and Thomas Belches his Trustee are Appellants, and Isobel Douglas is Respondent:"

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

Bernard against Woodley & al. Judges Opinion delivered;

The Order of the Day, for the Judges to deliver their Opinions, upon the Question proposed to them on Tuesday last, upon hearing the Cause wherein Roger Bernard Esquire is Appellant, and Francis Woodley and John Dixon Esquires are Respondents, being read:

The Lord Chief Justice of the Court of Common Pleas acquainted the House, "That the Judges had considered the said Question, and were unanimous in their Opinion."

And then his Lordship delivered their Reasons at large, and concluded with their Opinion; videlicet,

"That the Lands comprized in the Lease in Question in this Cause can be sued for and recovered by a Protestant Discoverer, within the Irish Act of Parliament of the 8th Year of Queen Anne."

Whereupon the following Order and Judgement was made:

Judgement.

"After hearing Counsel, as well on Thursday the 29th Day of November last, as on the Monday and Tuesday following, upon the Petition and Appeal of Roger Bernard of Palace Ann in the County of Corke in the Kingdom of Ireland Esquire; complaining of several Orders, or Decrees, of the Court of Exchequer in the said Kingdom, of the 4th Day of June 1728, the 9th and 18th Days of February 1748, and 13th of June 1752;" and praying, "That the same might be reversed, varied, or rectified; and that this House would grant him such other Relief as their Lordships in their great Wisdom should think meet and proper:" As also upon the Answers of Francis Woodley and John Dixon Esquires put in to the said Appeal; and hearing this Day the unanimous Opinion of the Judges present, upon a Point of Law to them proposed; and due Consideration had of what has been offered in relation to this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and the same is hereby, dismissed this House; and that the said Orders, or Decrees, therein complained of, be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondents, the Sum of One Hundred Pounds of lawful Money of Great Britain, for their Costs in respect of the said Appeal."

Malt Bill.

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

With a Bill, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-four;" to which they desire the Concurrence of this House.

Nottingham to Cotes Bridges Road, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act of Parliament passed in the Eleventh Year of the Reign of His present Majesty, for repairing the Road leading from the Trent Bridge, in the County of the Town of Nottingham, through Costock otherwise Cortlingstock Lane, to the Bridges commonly known by the Name of Cotes Bridges, in the County of Leicester; and for making the said Act more effectual;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Browne's Petition to receive his Appeal.

A Petition of John Browne Esquire, was presented, and read; setting forth, "That he has been advised to appeal from a Decree of the Court of Exchequer in Ireland; but, living upwards of One Hundred Miles from Dublin, had no Opportunity of being informed of the Time of the Meeting of the Parliament, till his Arrival in Dublin about the 8th of November last; whereupon the Petitioner sent a Special Messenger with his Papers to his Agent in England, to prepare a Draught of an Appeal, and lay the same before Counsel; but the said Messenger did not arrive at London till within Four Days of the Expiration of the Time limited for receiving Appeals by the Standing Order of this House;" and praying, "In regard the Petitioner's Agent has not been able to get his said Appeal settled and signed by Counsel till this Morning, that the same may be received, notwithstanding the Time limited by the said Standing Order is expired."

And thereupon the Petitioner and his Agent were called in, and heard at the Bar.

And being withdrawn:

Ordered, That the said Appeal be received, as desired.

Browne against Byrne alias Birmingham.

Upon reading the Petition and Appeal of John Browne of Neal in the County of Mayo in the Kingdom of Ireland Esquire; complaining of a Decree of the Court of Exchequer in the said Kingdom, of the 19th of May 1753, made in a Cause wherein the Honourable Margaret Byrne otherwise Birmingham was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed, or such Relief granted the Appellant in the Premises as to their Lordships in their great Wisdom shall seem meet:"

It is Ordered, That the said Margaret Byrne otherwise Birmingham may have a Copy of the said Appeal; and do put in her Answer thereunto, in Writing, on or before Tuesday the 15th Day of January next.

Adjourn.

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

DIE Jovis, 13^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Downes against Commissioners of Victualing.

The Answer of His Majesty's Attorney General and the Commissioners for victualing His Majesty's Navy, to the Appeal of Edward Downes Executor of Charles Weekes, was brought in.

Pitt's Petition referred to Judges.

Upon reading the Petition of George Pitt of Stratfieldsea in the County of Southampton Esquire, for himself, and on the Behalf of George Pitt his only Son, an Infant, William Augustus Pitt Esquire, Brother of the said George Pitt, William Pitt of Kingston Marleward in the County of Dorset Esquire, and John Pitt Esquire, Brother of the said William Pitt; praying Leave to bring in a Bill, for Sale of certain Lands, in the County of Suffolk and Isle of Purbeck, to discharge Encumbrances; and for other Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Birch and Mr. Baron Adams; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges having perused the Bill, do sign the same.

Parsons Petition referred to Judges.

Upon reading the Petition of Thomas Parsons Esquire, only Son and Heir of Thomas Parsons formerly of the Island of Bermuda, but late of London Merchant, deceased, by Mary Parsons his Wife (formerly Mary Jones) Daughter of Francis Jones the Younger, deceased, who was Son and Heir of Francis Jones the Elder, of the said Island, Merchant, the Petitioner's Great Grandfather deceased; praying Leave to bring in a Bill, for vesting Three Shares of Land in the Island of Bermuda, devised to the Petitioner's Mother by her Grandfather's Will, in the Petitioner in Fee Simple:

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 Smythe; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Land Tax Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fiftyfour."

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

Malt Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-four."

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

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

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

Constables Expenses to secure, &c. Bill.

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

With a Bill, intituled, "An Act for the better securing to Constables and others the Expenses of conveying Offenders to Gaol; and for allowing the Charges of poor Persons bound to give Evidence against Felons;" to which they desire the Concurrence of this House.

Hockliffe and Stony Stratford Road, Bill.

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

With a Bill, intituled, "An Act to continue and render more effectual an Act passed in the Thirteenth Year of the Reign of His present Majesty, for repairing the Road between Hockliffe in the County of Bedford, and Stony Stratford in the County of Buckingham;" to which they desire the Concurrence of this House.

Granger to take the Name of Leman, Bill.

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

With a Bill, intituled, "An Act to enable John Granger Esquire and his Heirs to take and use the Surname of Leman, and bear the Arms of Sir William Leman, deceased;" to which they desire the Concurrence of this House.

The said Three Bills were severally read the First Time.

Nottingham to Cotes Bridges Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act of Parliament passed in the Eleventh Year of the Reign of His present Majesty, for repairing the Road leading from the Trent Bridge, in the County of the Town of Nottingham, through Costock otherwise Cortlingstock Lane, to the Bridges commonly known by the Name of Cotes Bridges, in the County of Leicester; and for making the said Act more effectual."

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

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

Adjourn.

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

DIE Veneris, 14^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Nottingham to Cotes Bridges Road, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act of Parliament passed in the Eleventh Year of the Reign of His present Majesty, for repairing the Road leading from the Trent Bridge, in the County of the Town of Nottingham, through Costock otherwise Cortlingstock Lane, to the Bridges commonly known by the Name of Cotes Bridges, in the County of Leicester, and for making the said Act more effectual," 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."

Hockliffe and Stony Stratford Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue and render more effectual an Act passed in the Thirteenth Year of the Reign of His present Majesty, for repairing the Road between Hockliffe in the County of Bedford, and Stony Stratford in the County of Buckingham."

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

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

Granger to take the Name of Leman, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Granger Esquire and his Heirs to take and use the Surname of Leman, and bear the Arms of Sir William Leman, deceased."

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.

Constables Expenses to secure, &c. Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better securing to Constables and others the Expenses of conveying Offenders to Gaol; and for allowing the Charges of poor Persons bound to give Evidence against Felons."

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

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-four."

After some Time, the House was resumed.

And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-four."

After some Time, the House was resumed.

And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

After some Time, the House was resumed.

And the Earl of Warwick reported from the 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 Lunæ, decimum septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 17^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Granger to take the Name of Leman, Bill.

The Earl of Pomfret reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Granger Esquire and his Heirs to take and use the Surname of Leman, and bear the Arms of Sir William Leman, 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."

Hockliffe and Stony Stratford Road, Bill.

The Earl of Pomfret also reported from the Lords Committees to whom the Bill, intituled, "An Act to continue and render more effectual an Act passed in the Thirteenth Year of the Reign of His present Majesty, for repairing the Road between Hockliffe in the County of Bedford, and Stony Stratford in the County of Buckingham," 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."

Message from H. C. to return Bazin & al. Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing John Isaac Bazin, Lewis Ogier, and Peter Guinard;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Peterborough and Wellingborough Road, Bill.

A Message was brought from the House of Commons, by the Lord Carysfort and others:

With a Bill, intituled, "An Act for repairing and widening the Road from the City of Peterborough, through Oundle and Thrapston, to Wellingborough, in the County of Northampton;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Land Tax Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fiftyfour."

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

It was Resolved in the Affirmative.

Malt Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-four."

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

It was Resolved in the Affirmative.

Mutiny Bill.

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

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

It was Resolved in the Affirmative.

Nottingham to Cotes' Bridges 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 Eleventh Year of the Reign of His present Majesty, for repairing the Road leading from the Trent Bridge, in the County of the Town of Nottingham, through Costock otherwise Cortlingstock Lane, to the Bridges commonly known by the Name of Cotes Bridges, in the County of Leicester; and for making the said Act more effectual."

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. Montague and Mr. Holford:

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

Downes against Commissioners Victualing & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Edward Downes, Executor of Charles Weekes, is Appellant, and Thomas Revell Esquire and others, the late and present Commissioners for victualing His Majesty's Navy, and His Majesty's Attorney General, are Respondents:"

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

Constables Expenses securing, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better securing to Constables and others, the Expenses of conveying Offenders to Gaol; and for allowing the Charges of poor Persons bound to give Evidence against Felons."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the 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, decimum octavum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 18^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gordon against His Majesty's Advocate.

A Petition of Philip Carteret Webb, Solicitor for John Gordon Esquire, Appellant in an Appeal to which His Majesty's Advocate for Scotland is Respondent, was presented, and read; setting forth, "That the said Cause stands appointed for hearing on the First Day for Causes after the Recess;" and praying, "In regard the Petitioner cannot be prepared for the said Hearing by that Time, that the same may be adjourned to such further Day as their Lordships shall think proper."

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 the First vacant Day for Causes after those already appointed.

Fitzgerald against Pole;

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up Two Writs of Error; in one of which,

George Fitzgerald is Plaintiff, and Charles Pole Defendant;

and Failney against Godfrey, in Error.

And in the other, Joseph Faikney is Plaintiff, and Joseph Godfrey Defendant.

Simonburn Common to enclose, Bill:

A Message was brought from the House of Commons, by Sir Walter Blackett and others:

With a Bill, intituled, "An Act for dividing and enclosing Part of a certain Waste, or Common, called Simonburn Common, in the Manor and Parish of Simonburn, in the County of Northumberland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

The King's Consent to it signified.

The Duke of Newcastle acquainted the House, "That His Majesty, having been apprized of the Contents of the said Bill, was pleased to consent (so far as the Interest of the Crown is concerned) that their Lordships may proceed therein as they shall think fit."

Constables Expenses to secure, &c. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better securing to Constables and others the Expenses of conveying Offenders to Gaol; and for allowing the Charges of poor Persons bound to give Evidence against Felons."

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

It was Resolved in the Affirmative.

Granger to take the Name of Leman, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Granger Esquire and his Heirs to take and use the Surname of Leman, and bear the Arms of Sir William Leman, deceased."

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

It was Resolved in the Affirmative.

Hockliffe and Stony Stratford Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue and render more effectual an Act passed in the Thirteenth Year of the Reign of His present Majesty, for repairing the Road between Hockliffe in the County of Bedford, and Stony Stratford in the County of Buckingham."

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 Three preceding Bills.

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

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

Peterborough and Wellingborough Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the City of Peterborough, through Oundle and Thrapston, to Wellingborough, in the County of Northampton."

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

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

E. Ferrers, Petition referred to Judges.

Upon reading the Petition of Laurence Earl Ferrers; praying Leave to bring in a Bill, for Sale of certain settled Estates, in the Counties of Leicester, Derby, Nottingham, and Stafford, to discharge Encumbrances affecting the same; and to lay out the Residue or Surplus of the Money arising by such Sale in the Purchase of other Lands, to be settled to the same Uses:

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 Smythe; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Lady Bulkeley et al.; Petition referred to Judges.

Upon reading the Petition of Emma Viscountess Dowager Bulkeley, Widow of James Lord Bulkeley Viscount Cashel in the Kingdom of Ireland, deceased, who was Brother and Heir of Richard late Lord Bulkeley Viscount Cashel in the Kingdom of Ireland, deceased, on the Behalf of Thomas James Lord Bulkeley Viscount Cashel in the Kingdom of Ireland, an Infant her Son, Edward Williams Esquire and Jane his Wife, commonly called Lady Bulkeley, formerly Wife of the said Richard Lord Bulkeley; praying Leave to bring in a Bill, to enable the cutting down of Timber on the Jointure Lands of the Petitioner Jane Lady Bulkeley, for the Payment of Debts, and for other Purposes therein mentioned:

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. Justice Birch; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges having perused the Bill, do sign the same.

Forbes peremptorily to answer Maitland's Appeal.

The House was informed, "That Major Arthur Forbes had not put in his Answer to the Appeal of Katherine Maitland, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Alexander Pierie Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal, in a Week.

Adjourn.

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

DIE Mercurii, 19^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Speke's Guardians, Petition referred to Judges.

Upon reading the Petition of Dame Anne Drake, Widow and Relict and sole Executrix of the last Will of George Speke of Dillington in the County of Somerset Esquire, deceased, as Guardian, and on the Behalf, of Ann Speke an Infant, her Daughter and only Child of the said George Speke, and Sir Hutchins Williams Baronet, and John Howe Esquire, Trustees named in the Will of the said George Speke, for the Purposes therein mentioned; praying Leave to bring in a Bill, for vesting certain Manors and Lands, in the Counties of Somerset and Devon, in the Petition mentioned, in Trustees, in Trust, to raise Money by leasing or mortgaging thereof, for the Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Foster and Mr. Baron Smythe; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Peti tion; and also that the Judges, having perused the Bill, do sign the same.

Peterborough Road, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road from the City of Peterborough, through Oundle and Thrapston, to Wellingborough, in the County of Northampton," 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."

Simonburn Common to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing Part of a certain Waste, or Common, called Simonburn Common, in the Manor and Parish of Simonburn, in the County of Northumberland."

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

Their Lordships, or any Five of them; to meet on the Second Day of Meeting after the Recess at Christmas, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Kemp, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Kemp Esquire and others; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Estate of William Kemp Esquire, deceased, in Trustees, to be sold, pursuant to Articles; and for applying the Purchase-money for the Benefit of the Children of the said William Kemp, in such Manner as is directed by the said Articles."

Peterborough Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the City of Peterborough, through Oundle and Thrapston, to Wellingborough, in the County of Northampton."

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

It was Resolved in the Affirmative.

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

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

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

Adjourn.

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

DIE Jovis, 20^o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Powis' Petition referred to Judges.

Upon reading the Petition of Henry Arthur Earl of Powis and Barbara Countess of Powis his Wife; praying Leave to bring in a Bill, for Sale of an Estate at Hendon, in the County of Middlesex, discharged from the Uses of a former Act of Parliament, for discharging Encumbrances; and for settling an Estate in the County of Montgomery to the same Uses, in Lieu thereof:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Kemp's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estate of William Kemp Esquire, deceased, in Trustees, to be sold, pursuant to Articles; and for applying the Purchase Money for the Benefit of the Children of the said William Kemp, in such Manner as is directed by the said Articles."

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

Their Lordships, or any Five of them; to meet on the Second Day of Meeting after the Recess at Christmas, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Browne against Byrne:

The House being informed, "That a Person attended, in order to deliver in certain Deeds and Copies of Orders and Proceedings, relating to a Cause depending in this House, wherein John Browne Esquire is Appellant, and Margaret Byrne otherwise Birmingham is Respondent:"

Pleadings proved.

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

And then he withdrew.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

His Majesty being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State (the Lords being in their Robes); the Gentleman Usher of the Black Rod received His Majesty's Commands to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker;

He, after a short Introduction in relation to the Money Bills to be passed, delivered the same to the Clerk, who brought them to the Table; where the Clerk of the Crown read the Titles of those and the other Bills to be passed, as follow:

Bills passed.

"1. An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-four."

"2. An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-four."

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

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

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

"4. An Act to repeal an Act of the Twenty-sixth Year of His Majesty's Reign, intituled, An Act to permit Persons professing the Jewish Religion to be naturalized by Parliament; and for other Purposes therein mentioned."

"5. An Act for the better securing to Constables and others the Expenses of conveying Offenders to Gaol; and for allowing the Charges of poor Persons bound to give Evidence against Felons."

"6. An Act for enlarging the Term and Powers granted by an Act of Parliament passed in the Eleventh Year of the Reign of His present Majesty, for repairing the Road leading from the Trent Bridge, in the County of the Town of Nottingham, through Costock otherwise Cortlingstock Lane, to the Bridges commonly known by the Name of Cotes Bridges, in the County of Leicester; and for making the said Act more effectual."

"7. An Act to continue and render more effectual an Act passed in the Thirteenth Year of the Reign of His present Majesty, for repairing the Road between Hockliffe in the County of Bedford, and Stony Stratford in the County of Buckingham."

"8. An Act for repairing and widening the Road from the City of Peterborough, through Oundle and Thrapston, to Wellingborough, in the County of Northampton."

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

"Le Roy le veult."

"9. An Act to enable John Granger Esquire and his Heirs to take and use the Surname of Leman, and to bear the Arms of Sir William Leman, deceased."

"10. An Act for naturalizing John Isaac Bazin, Lewis Ogier, Peter Guinard, and others."

"11. An Act for naturalizing Frederick Von Gehren."

"12. An Act for naturalizing Caspar Grevenkop."

To these Bills the Royal Affent was pronounced, severally, 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.

Bp. of St. Davids to preach 30th of January.

Ordered, That the Lord Bishop of Saint Davids be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Wednesday the Thirtieth Day of January next.

Newman, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Frances and Barbara Newman; 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 to empower the Committee of the Estate of Elizabeth Kitchin Widow, a Lunatick, One of the Sisters and Coheirs of Sir Samuel Newman Baronet, deceased, to make Leases of her Estate, during her Lunacy."

St. Luke, Nightly Watch, &c. Bill.

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

With a Bill, intituled, "An Act for the better enlightening and cleansing the open Places, Squares, Streets, Lanes, Alleys, Passages, and Courts, within the Parish of Saint Luke, in the County of Middlesex; and regulating the Nightly Watch and Beadles; and for repairing the Highways within the said Parish; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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