House of Lords Journal Volume 28: February 1754, 11-20

February 1754, 11-20

DIE Lunæ, 11^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir A. Gordon against Sir A. Grant.

The Answer of Sir Archibald Grant Baronet and George Turner Sheriff-Clerk of the Shire of Aberdeen, to the Appeal of Sir Alexander Gordon of Lesmore Baronet, and William Abernethy of Crimonmoggat Esquire, was brought in.

Home and Colethreade, for procuring and publishing forged Protections, to be brought to the Bar.

The Gentleman Usher of the Black Rod acquainted the House, "That he had (in Pursuance of their Lordships Order) attached David Home, complained of on Friday last, for publishing a forged Protection in the Name of the Earl of Breadalbane; and Thomas Colethreade, for being concerned in procuring a forged Protection, in the Name of the Earl of Crawfurd; and had them in safe Custody."

Ordered, That the said David Home and Thomas Colethreade be brought to the Bar of this House, on Wednesday next, to answer for their said Offences; and that James Lyddon, who gave Information against them, do attend at the same Time; and the Lords to be summoned.

Fitzgerald against Pole: Judges to attend.

Ordered, That the Hearing of the Cause upon the Writ of Error, wherein George Fitzgerald is Plaintiff, and Charles Pole is Defendant, which is appointed for Wednesday next, be put off to Friday next; and that the Judges do then attend; and that the other Cause be removed in Course.

Uckfield Road, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for amending, widening, and keeping in Repair, the Road leading from Union Point, near the Town of Uckfield, in the County of Sussex, to Langney Bridge, in the Parish of Westham, in the said County," 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."

Wymondesold, Leave to petition for a Bill of Divorce;

A Petition of Charles Wymondesold Esquire, was presented, and read; setting forth, "That, on (fn. 1) Ninth Instant, he obtained a Sentence of Divorce, in the Consistory Court of the Bishop of London, from Henrietta his now Wife, for Adultery;" and praying, "In regard the said Sentence was obtained after the Time limited by Order of this House for receiving Petitions for Private Bills; that their Lordships will be pleased to give him Leave to present a Petition for a Bill, to dissolve his Marriage with the said Henrietta, and to enable him to marry again, notwithstanding the Time limited is expired."

Ordered, That the Petitioner be at liberty to present his said Petition, as desired.

Petition read, and Leave given for a Bill:

Accordingly, a Petition of the said Charles Wymondesold was presented, and read; praying Leave to bring in a Bill, to dissolve his Marriage with Henrietta his now Wife; and to enable him to marry again; and for other Purposes therein mentioned.

Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill presented, and read.

Whereupon the Lord Sandys presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Charles Wymondesold Esquire with Henrietta Knight his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time on Thursday the 28th Day of this Instant February; and Notice thereof affixed on the Doors of this House; and the Lords to be summoned; and that the said Charles Wymondesold may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Henrietta Knight may have a Copy of the said Bill; and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at that Time.

Bridport, Axminster, and Honiton, Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road from a certain Intrenchment on Askerswell Hill, ooposite to Chilcomb Farm, through the Town of Bridport, to Penn Inn, and from Bridport aforesaid to the Town of Beamister, in the County of Dorset; and also the Road from Penn Inn aforesaid, through the Town of Axminster, to the Workhouse at the East End of the Town of Honiton, in the County of Devon;" to which they desire the Concurrence of this House.

Vicar of Gilling and Shuttleworth Exchange, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming and establishing an Exchange, agreed upon between the Vicar of Gilling and James Shuttleworth Esquire, of certain Lands and Hereditaments, in the County of York; 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. 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.

Commerell's Nat. Bill:

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

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Mourgue's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Daniel Mourgue Merchant."

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

It was Resolved in the Affirmative.

Message to H. C. with 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.

Haldane to enter into a Recognizance on Stirling's Appeal.

The House being moved, "That George Haldane Esquire may be permitted to enter into a Recognizance for John Stirling Esquire, on account of his Appeal depending in this House; he residing in Scotland:"

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

Witnesses to attend on Henley's Divorce, Bill.

Ordered, That Elizabeth Barratt and Hussey do attend this House on Thursday next, as Witnesses, upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Peter Henley Esquire with Susannah Roberts his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

Maitlard against Forbes; et è contra:

After hearing Counsel in Part, in the Cause wherein Katharine Maitland is Appellant, and Major Arthur Forbes Respondent, et è contra:

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 Martis, duodecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 12^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Bolingbroke introduced:

Frederick Viscount Bolingbroke, claiming by virtue of a special Limitation contained in a Patent, granted to his Uncle, Henry late Viscount Bolingbroke, bearing Date the 7th Day of July in the 11th Year of the Reign of Her late Majesty Queen Anne, was this Day (in his Robes) introduced, between the Lord Viscount Fauconberg and the Lord Viscount Falmouth (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, and the Deputy Lord Great Chamberlain of England, preceding.

His Lordship, on his Knee, presented the said Patent to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Lordship's Writ of Summons was also read, as follows:

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Well-beloved Cousin Frederick Viscount (fn. 2) Bullingbrook, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present, at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Sixth Day of February, in the Twenty-seventh Year of Our Reign.

"Yorke and Yorke."

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

Maitland against Forbes; et è contra:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Katharine Maitland, Sister German to Mr. Charles Maitland of Pittrichy Advocate, deceased; complaining of the last Part of an Interlocutor of the Lords of Session in Scotland, of the 13th of July 1753; and of an Interlocutor of the said Lords, of the 9th of August 1753, adhering thereto; and praying, "That the same might be reversed; and that the Appellant might have such other Relief in the Premises as to this House in their great Wisdom should seem meet:" As likewise upon the Cross Appeal of Major Arthur Forbes, alias Maitland, of Pittrichy; complaining of the First Part of the said Interlocutor of the 13th of July 1753; and praying, "That the same might be reversed, varied, or amended; and that the Appellant might have such other Relief in the Premises as to this House in their great Wisdom and Justice should seem meet:" As also upon the Answer of the said Major Arthur Forbes, alias Maitland, put in to the said Original Appeal, and the Answer of the said Katharine Maitland, put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in this Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Original Appeal and the said Cross Appeal be, and the same are hereby, dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby, affirmed.

Adjourn.

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

DIE Mercurii, 13^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bridport, Axminster, and Honiton, Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from a certain Entrenchment on Askerswell Hill, opposite to Chilcomb Farm, through the Town of Bridport, to Penn Inn, and from Bridport aforesaid to the Town of Beamister, in the County of Dorset; and also the Road from Penn Inn aforesaid, through the Town of Axminster, to the Workhouse at the East End of the Town of Honiton, in the County of Devon."

Inskip to take the Surname of Lade, Bill.

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

With a Bill, intituled, "An Act to enable John Ladc, heretofore called John Inskip, and the Heirs Male of his Body, to take and use the Surname of Lade only, pursuant to the Will of Sir John Lade Baronet, deceased;" to which they desire the Concurrence of this House.

Canterbury to Whitstable, Road Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Ninth Year of His present Majesty's Reign, intituled, An Act for repairing and widening the Road leading from Saint Dunstan's Cross, near the City of Canterbury, to the Water Side at Whitstable, in the County of Kent;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

Uckfield Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the Road leading from Union Point, near the Town of Uckfield, in the County of Sussex, to Langney Bridge, in the Parish of Westham, in the said County."

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 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.

Home and Colethreade brought to the Bar, and examined concerning forged Protections:

The Order of the Day being read, for the bringing of David Home and Thomas Colethreade (in Custody of the Gentleman Usher of the Black Rod, for being concerned in procuring and publishing forged Protections) to the Bar of this House, to answer for their said Offences; and for the Attendance of James Lyddon, who gave Information against them:

The said David Home was accordingly brought to the Bar.

And being acquainted by the Lord on the Woolsack, "That he was charged with procuring and publishing forged Protections;" the Protection signed ("Breadalbane") was shewed to him.

And he, being examined in relation thereto, owned, That he wrote the said Paper; that John Cristie, who called himself a principal Servant of the Earl of Breadalbane, having promised to procure him a Protection, he wrote the said Paper at Cristie's Desire, and gave it him; and that the said Cristie returned it to him in about Eight or Ten Days, signed (as Cristie told him) by the Earl of Breadalbane."

Then the Protection signed ("Craufurd") was shewed to him.

And he, being examined in relation thereto, acquainted the House, "That he had the said Paper from Thomas Colethreade; who (he believes) wrote it; that he sent it into Scotland, to be signed; and that it was sent him back by the Post by one James Pinkerton, who had been a Clerk to him in Edinburgh, signed by the Earl of Craufurd, as the said Pinkerton wrote him Word."

Then the said James Lyddon, to whom the said David Home sold the said Protections, was called in, and sworn; and examined in relation thereto, in the Presence of the said David Home.

Who, being asked, "If he had any Thing to offer against the Evidence given by the said James Lyddon?" made no Objection thereto.

And thereupon the said Lyddon was directed to withdraw:

And the said Home was ordered to be taken from the Bar.

Then the said Thomas Colethreade was brought to the Bar:

And the said Protection, signed ("Craufurd") was shewed to him.

And he, being examined in relation thereto, owned, That he wrote the said Paper about Thirteen or Fourteen Months ago; that David Home, having promised Mr. James Lyddon to get a Protection for one James Langden, desired him to write him a Form; and accordingly he wrote that Paper, at the Request of the said Home; and when the said Lyddon paid Home for the Protection, he at the same Time gave him a Guinea for his Trouble."

He is ordered to be taken from the Bar.

Ordered, That this House will take this Matter into further Consideration on Monday next; and the Lords to be summoned: And that the said David Home and Thomas Colethreade be then again brought to the Bar.

And it appearing, upon the Examination of the said David Home, that John Cristie was concerned in procuring and publishing the said forged Protection signed ("Breadalbane"); and the Name John Cristie appearing to be set as a Witness to the said forged Protection:

Cristie ordered into Custody, for the same Offence;

Ordered, That the Gentleman Usher of the Black Rod attending this House do forthwith attach the Body of the said John Cristie, and bring him in safe Custody to the Bar of this House on Monday next, to answer for his said Offence.

To Sir Henry Bellenden Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

And it appearing, upon the Examination of the said James Lyddon, that the said forged Protection was delivered to him by the said David Home, at the Chambers of Samuel Tapscot in Clifford's Inn, in the Presence of the said Samuel Tapscot and John Townshend:

and Lyddon & al. to attend.

Ordered, That the said James Lyddon, Samuel Tapscot, and John Townshend, do attend this House on Monday next.

Henley's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Peter Henley Esquire with Susannah Roberts his now Wife; and to enable him to marry again; and for other Purposes therein mentioned," which is appointed for Tomorrow, be put off till Tuesday next; and that the several Persons that were ordered to attend as Witnesses upon the Second Reading of the said Bill do then attend.

Fitzgerald against Pole.

Ordered, That the Hearing of the Cause upon the Writ of Error, wherein George Fitzgerald is Plaintiff, and Charles Pole is Defendant, which is appointed for Friday next, be put off to this Day Sevennight; and that the Judges do then attend; and that the other Cause be removed in Course.

Welton Common, Enclosure Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Pieces, Common Grounds, and Waste Ground, in the Manor and Parish of Welton, in the County of Northampton," is committed, be revived; and meet To-morrow.

Adjourn.

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

DIE Lunæ, 18^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Stirling against Campbell.

The Answer of Archibald Campbell Younger of Succoth, to the Appeal of Captain John Stirling, was brought in.

L. Clifton takes his Seat.

This Day John Lord Clifton sat first in Parliament, after the Death of his Brother Edward Lord Clifton; having first, 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.

Squire & al. Composition Bill:

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

With a Bill, intituled, "An Act to enable the Commissioners for executing the Office of Treasurer of His Majesty's Exchequer, or the Lord High Treasurer, for the Time being, to compound with Thomas Squire, Robert Lucas, and Robert Stevenson, a Debt due to the Crown from Philip Chapman, for which they are Sureties;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

The King's Consent signified.

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

Shildon Moor, to enclose, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing Great Shildon Common, or Shildon Moor, within the Manor and Barony of Bywell, in the County of Northumberland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Black Act, to explain as to sending threatening Letters:

The House was moved, "That an Act passed in the Ninth Year of the Reign of His late Majesty King George the First, intituled, "An Act for the more effectual punishing wicked and evil-disposed Persons going armed and disguised, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects; and for the speedy bringing the Offenders to Justice," might be read.

And the same being read accordingly:

Bill presented, and read.

The Lord Delawarr presented to the House a Bill, intituled, "An Act to explain and amend an Act made in the Ninth Year of the Reign of His late Majesty King George the First, intituled, An Act for the more effectual punishing wicked and evil-disposed Persons going armed and disguised, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects; and for the speedy bringing the Offenders to Justice."

The said Bill was read the First Time.

Forged Protections.

The Order of the Day, for taking into further Consideration the Matter of the Complaint relating to the forged Protections, and for the bringing of David Home and Thomas Colethreade again to the Bar, being read:

The Gentleman Usher of the Black Rod was called upon, to give an Account of what he had done in pursuance of their Lordships Order on Wednesday last, for taking John Cristie into Custody; and acquainted the House, "That all possible Inquiry had been made, at the several Places mentioned by David Home, where it was likely the said Cristie might be found, and no such Person can be heard of; they never knew or heard of any such Person at any of those Places.

The Earl of Breadalbane, in his Place, acquainted the House, "That he has no Servant of the Name of Cristie; nor does he remember that he ever had a Servant of that Name."

Then the House being informed, "That James Lyddon and Samuel Tapscot were attending; but that John Townshend (who was also ordered to attend) was in the Country in Devonshire:"

The said Samuel Tapscot was called in, and sworn; and examined in relation to the Protection mentioned to be delivered to the said Lyddon by the said David Home, at his Chambers.

And then he withdrew.

Ordered, That the further Consideration of this Matter be adjourned till To-morrow; and the Lords to be summoned; and that the said David Home and Thomas Colethreade be then brought to the Bar; and that the said James Lyddon do then also attend.

Kettering and Newport Pagnell, Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road leading from the Toll Gate in the Parish of Kettering, through the Town of Wellingborough, in the County of Northampton, and through Olney, over Sherrington Bridge, to Newport Pagnell, in the County of Bucks; and for repairing and widening, or re-building, Sherrington Bridge;" to which they desire the Concurrence of this House.

Bedford, Bromham, and Chichley, Road Bill.

A Message was brought from the House of Commons, by the Earl of Upper Ossory and others:

With a Bill, intituled, "An Act for repairing and widening the High Road from a Place called Saint Loyds, in the Town of Bedford, through the Parishes of Bromham, Stagsden, Astwood, Hardmead, and Chichley, to the Way Post in Sherrington Field, where the said Road joins the High Road from the Town of Olney to the Town of Newport Pagnell; and also the High Road from Bromham aforesaid, through the Parishes of Turvey and Colebrayfield, to the Town of Launden, otherwise Lavenden, in the Counties of Bedford and Buckingham; and for applying Part of the Money arising thereby towards repairing, re-building, or widening, Sherrington Bridge, in the Road from the said Way Post to the said Town of Newport Pagnell;" to which they desire the Concurrence of this House.

Normanton Common Fields, to enclose, Bill.

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

With a Bill, intituled, "An Act for establishing and rendering effectual certain Articles of Agreement, for enclosing and dividing the Common Fields and Common Grounds, in the Manor and Parish of Normanton, in the County of Lincoln;" to which they desire the Concurrence of this House.

Glasgow Roads, Bill.

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

With a Bill, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Twentysixth Year of the Reign of His present Majesty, intituled, An Act for repairing the several Roads leading into the City of Glasgow;" to which they desire the Concurrence of this House.

The said Four Bills were severally read the First Time.

Welton Common, Enclosure Bill.

The Earl of Winchilsea reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Pieces, Common Grounds, and Waste Ground, in the Manor and Parish of Welton, 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; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Bridport, Axminster, and Honiton, Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from a certain Entrenchment on Askerswell Hill, opposite to Chilcomb Farm, through the Town of Bridport, to Penn Inn, and from Bridport aforesaid to the Town of Beamister, in the County of Dorset; and also the Road from Penn Inn aforesaid, through the Town of Axminster, to the Workhouse at the East End of the Town of Honiton, in the County of Devon."

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.

Inskip to take the Name of Lade, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Lade, heretofore called John Inskip, and the Heirs Male of his Body, to take and use the Surname of Lade only, pursuant to the Will of Sir John Lade Baronet, 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 at the usual Time and Place, on Thursday next; and to adjourn as they please.

Canterbury Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Ninth Year of His present Majesty's Reign, intituled, An Act for repairing and widening the Road leading from Saint Dunstan's Cross, near the City of Canterbury, to the Water Side at Whitstable, in the County of Kent."

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

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

Biddulph & al. Leave for a Bill:

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

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the settled Estates of Sir Theophilus Biddulph, in the County of Stafford, and City and County of the City of Litchfield, for raising Money, to discharge Encumbrances affecting the same; and for laying out the Surplus in the Purchase of other Lands, to be settled to the Uses therein mentioned."

Daly, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Charles Daly Esquire; 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 Part of the Estate of Charles Daly Esquire, in the Kingdom of Ireland, in Trustees, to be sold, for the Payment of Encumbrances affecting the same prior to his Marriage Settlement."

Adjourn.

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

DIE Martis, 19^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bridport, Axminster, and Honiton, Road Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road from a certain Entrenchment on Askerswell Hill, opposite to Chilcomb Farm, through the Town of Bridport, to Penn Inn, and from Bridport aforesaid to the Town of Beamister in the County of Dorset; and also the Road from Penn Inn aforesaid, through the Town of Axminster, to the Workhouse at the East End of the Town of Honiton, in the County of Devon," 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."

Canterbury Road, Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Ninth Year of His present Majesty's Reign, intituled, An Act for repairing and widening the Road leading from Saint Dunstan's Cross, near the City of Canterbury, to the Water Side at Whitstable, in the County of Kent," 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."

Higham Ferrers, Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the High Road from Westwood Gate, in the Parish of Knotting, in the County of Bedford, through the Towns of Rushden and Higham Ferrers, and over Artleborough Bridge to the Turnpike Road in Barton Seagrave Lane, in the Parish of Barton Seagrave, in the County of Northampton;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Squire & al. Composition Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Commissioners for executing the Office of Treasurer of His Majesty's Exchequer, or the Lord High Treasurer, for the Time being, to compound with Thomas Squire, Robert Lucas, and Robert Stevenson, a Debt due to the Crown from Philip Chapman, for which they are Sureties."

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.

Glasgow Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Twenty-sixth Year of the Reign of His present Majesty, intituled, An Act for repairing several Roads leading into the City of Glasgow."

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.

Welton Common, Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Pieces, Common Grounds, and Waste Ground, in the Manor and Parish of Welton, 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. Waple and Mr. Holford:

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

Stirling against Campbell.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Captain John Stirling is Appellant, and Archibald Campbell Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the 28th Instant.

Sir A. Gordon against Sir A. Grant:

A Petition of Sir Alexander Gordon of Lesmore Baronet, and William Abernethy of Crimonmoggat Esquire, Appellants in a Cause depending in this House, to which Sir Archibald Grant and George Turner Sheriff Clerk of the Shire of Aberdeen are Respondents, was presented, and read; praying, "In regard the said Cause is not set down to be heard, that they may be at Liberty to withdraw their said Appeal."

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

And being withdraw:

Appeal withdrawn.

Ordered, upon the Consent of the Agent for the Respondents, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.

Forged Protections:

The Order of the Day, for resuming the adjourned Consideration of the Matter of the Complaint relating to forged Protections; and for bringing David Home and Thomas Colethreade, in Custody of the Gentleman Usher of the Black Rod, to the Bar of this House, being read:

E. of Craufurd assures the House that he signed no Protections:

The House was informed, "That the Earl of Craufurd, having heard that a written Protection signed in his Name had been produced in this House, was very desirous of having an Opportunity of assuring their Lordships, that he did not sign any such Protection."

And thereupon the said Earl was called in (a Chair having been placed for him near the Table).

And the said written Protection, signed ("Crawfurd"), being shewed to him;

His Lordship declared to the House, upon his Honour, "That he did not sign the said Paper."

And then he withdrew.

Then the said David Home was brought to the Bar:

And, being acquainted with what the Earl of Crawfurd had declared to the House, was asked, "Whether he had any Thing further to say in his Defence?"

And acquainted the House, "That he had nothing more to offer than what he had before said."

He was thereupon directed to be taken from the Bar.

Then a Report of Precedents, as to what Punishments have been inflicted, or Methods taken to vindicate the Honour of this House, in Cases of any Breach of Privilege, or Contempts to this House, made from a Committee on the 25th of November 1724, was read.

As was also an Entry in the Journal, of the 4th of February 1724, of the Resolutions and Judgement of this House, in the Case of Mathias Cater, who had been guilty of procuring and selling written Protections:

Home voted guilty of torgaing Protections:

Resolved, That it appears to this House, that the said David Home hath been guilty of forging, publishing, and selling, a written Protection, in the Name of the Earl of Breadalbane, a Peer of this House, manifestly tending to the Obstruction of Publick Justice, and the Oppression of lawful Creditors, and in Breach and Contempt of the Privileges of this House, and of the known Standing Orders thereof.

Resolved, That it appears to this House, That the said David Home hath also been guilty of forging, publishing, and selling, a written Protection, in the Name of the Earl of Crawfurd, one of the Peers of Great Britain, with Intent to obstruct the Course of Publick Justice, and to the great Dishonour, and in Contempt, of the Peerage of Great Britain.

Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That, for the said Offences, the said David Home be committed to the Prison of Newgate, for the Space of One Year; and that he be forthwith delivered, by the Gentleman Usher of the Black Rod, to the Sheriffs of London and Middlesex, to be by them conveyed to Newgate; and that the said Sheriffs do cause him to be put Twice into the Pillory, for the Space of an Hour each Time, with a Paper over his Head, signifying his Offences; the First Time on Tuesday the 26th Day of this Instant February, between the Hours of Ten and Twelve of the Clock in the Forenoon, in The New Palace Yard, before Westminster Hall Gate; and the Second Time on Tuesday the 5th Day of March next, between the said Hours of Ten and Twelve, before The Royal Exchange in London.

Ordered, That the said David Home be now brought to the Bar; and that the Judgement of this House above mentioned be pronounced upon him by the Lord on the Woolfack.

Accordingly he was brought to the Bar.

Judgement pronounced upon him:

And, being there on his Knees, the said Judgement was pronounced upon him.

And then he was taken from the Bar.

Colethreade reprimanded, and discharged:

Then the said Thomas Colethreade was (according to Order) brought to the Bar; where he (on his Knees) receiving a Reprimand from the Lord Chancellor, was ordered to be discharged out of Custody, paying his Fees.

The House was moved, "That the Standing Orders, of the 15th of April 1712, and the 25th of February 1723, relating to written Protections, might be read."

And the same being read accordingly:

Standing Orders relating to Protections to be printed, and fixed on the Doors of this House and Westminster Hall.

Ordered, That the said Standing Orders be forthwith printed and published, and affixed on the Doors belonging to this House and Westminster Hall, to the End all Persons may the better take Notice of the same: And that for the future the said Standing Orders be affixed on the Doors of this House and Westminster Hall on the First Day of every Session of Parliament.

Kettering Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road leading from the Toll Gate in the Parish of Kettering, through the Town of Wellingborough in the County of Northampton, and through Olney, over Sherrington Bridge, to Newport Pagnell in the County of Bucks; and for repairing and widening, or re-building, the said Sherrington Bridge."

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

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

Bedford, Bromham, and Chichley, Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the High Road from a Place called Saint Loyds in the Town of Bedford, through the Parishes of Bromham, Stagsden, Astwood, Hardmead, and Chichley, to the Way Post in Sherrington Field, where the said Road joins the High Road from the Town of Olney to the Town of Newport Pagnell; and also the High Road from Bromham aforesaid, through the Parishes of Turvey and Colebrayfield, to the Town of Launden, otherwise Lavenden, in the Counties of Bedford and Buckingham; and for applying Part of the Money arising thereby towards repairing, re-building, or widening, Sherrington Bridge, in the Road from the said Way Post to the said Town of Newport Pagnell."

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

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

Shildon Moor, to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing Great Shildon Common, or Shildon Moor, within the Manor and Barony of Bywell, in the County of Northumberland."

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 Monday next, at the usual Time and Place; and to adjourn as they please.

Normanton Common, to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for establishing and rendering effectual certain Articles of Agreement, for enclosing and dividing the Common Fields and Common Grounds, in the Manor and Parish of Normanton, in the County of Lincoln."

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

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

Biddulph's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the settled Estates of Sir Thcophilus Biddulph Baronet, in the County of Stafford and City and County of the City of Litchfield, for raising Money, to discharge Encumbrances affecting the same; and for laying out the Surplus in the Purchase of other Lands, to be settled to the Uses therein mentioned."

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

Their Lordships, or any Five of them; to meet on Wednesday the 6th Day of March next, at the usual Time and Place; and to adjourn as they please.

Daly's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Charles Daly Esquire, in the Kingdom of Ireland, in Trustees, to be sold, for the Payment of Encumbrances affecting the same prior to his Marriage Settlement."

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 Wednesday the 6th Day of March next, at the usual Time and Place; and to adjourn as they please.

E. of Powis, Leave for a Bill for Sale of Hendon Manor:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Earl and Countess of Powis; 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 Manor of Hendon, settled on the Marriage of the Earl and Countess of Powis on them and their Issue, in Trustees, to be sold, towards discharging the Debts and Encumbrances of William late Marquis of Powis; and for settling the Barony and Lordship of Powis, in the County of Montgomery, in Lieu thereof; and for other Purposes therein mentioned."

Witnesses to attend on Maydwell's Bill of Divorce.

Ordered, That Rackstraw, Sarah Newport, Frances Butler, Mary Watkins, Elizabeth Smith, Mary Johnson, Mary Martin, Elizabeth Parker, Joseph Gardiner, Stephen Rumney, Bowles, and William Skelton, do attend this House on Tuesday the 26th Instant, as Witnesses, upon the Second Reading of the Bill to dissolve the Marriage of John Maydwell with Catherine Perrin his now Wife; and to enable him to marry again; and for other Purposes therein mentioned.

Henley's Divorce Bill.

The Order of the Day being read, for the Second Reading of the Bill to dissolve the Marriage of Peter Henley Esquire; and to enable him to marry again; and for other Purposes therein mentioned; and for hearing Counsel, for and against the same:

Ordered, That the said Bill be read a Second Time on Friday next; and the Lords to be summoned: And that the several Persons who were ordered to attend as Witnesses upon the Second Reading of the said Bill do then attend; and that the Cause which stands appointed for that Day be put off to Monday next.

Adjourn.

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

DIE Mercurii, 20^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Squire & al. Composition, Bill.

The Lord Cathcart reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Commissioners for executing the Office of Treasurer of His Majesty's Exchequer, or the Lord High Treasurer, for the Time being, to compound with Thomas Squire, Robert Lucas, and Robert Stevenson, a Debt due to the Crown from Philip Chapman, for which they are Sureties," 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."

Glasgow Road, Bill.

The Lord Cathcart also reported from the Lords Committees to whom the Bill, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Twenty-sixth Year of the Reign of His present Majesty, intituled, "An Act for repairing several Roads leading into the City of Glasgow," 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."

E. of Powis, Sale of Hendon Manor, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Manor of Hendon, settled on the Marriage of the Earl and Countess of Powis on them and their Issue, in Trustees, to be sold, towards discharging the Debts and Encumbrances of William late Marquis of Powis; and for settling the Barony and Lordship of Powis, in the County of Montgomery, in Lieu thereof, to the same Uses;" and for other Purposes therein mentioned.

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 the Seventh Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Higham Ferrers Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the High Road from Westwood Gate, in the Parish of Knotting, in the County of Bedford, through the Towns of Rushden and Higham Ferrers, and over Artleborough Bridge, to the Turnpike Road in Barton Seagrave Lane, in the Parish of Barton Seagrave, in the County of Northampton."

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

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

To explain the Black Act as to sending threatening Letters, Bill,

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Ninth Year of the Reign of His late Majesty King George the First, intituled, "An Act for the more effectual punishing wicked and evil-disposed Persons going armed and disguised, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects; and for the speedy bringing the Offenders to Justice."

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

Canterbury Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Ninth Year of His present Majesty's Reign, intituled, "An Act for repairing and widening the Road leading from Saint Dunstan's Cross, near the City of Canterbury, to the Waterside at Whitstable, in the County of Kent."

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

It was Resolved in the Affirmative.

Bridport, Axminster, and Honiton Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from a certain Entrenchment on Askerswell Hill, opposite to Chilcomb Farm, through the Town of Bridport to Penn Inn, and from Bridport aforesaid, to the Town of Beamister, in the County of Dorset; and also the Road from Penn Inn aforesaid, through the Town of Axminster, to the Workhouse at the East End of the Town of Honiton, in the County of Devon."

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

It was Resolved in the Affirmative.

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

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

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

Fitzgerald against Pole, in Error.

Counsel were called in, to argue the Errors assigned upon the Writ of Error from the Exchequer Chamber, wherein George Fitzgerald is Plaintiff, and Charles Pole is Defendant.

And the First Counsel for the Plaintiff in Error having been fully heard:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till To-morrow; and that the Counsel be called in exactly at One o'Clock; and that the Judges do then attend.

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

Ordered, That the Committee to whom the 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," stands committed, be revived; and meet on Tuesday next.

Adjourn.

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