House of Lords Journal Volume 28: January 1753

January 1753

JOURNALS of the HOUSE of LORDS.

Anno 26^o Georgii Secundi.

DIE Jovis, 11^o Januarii, 1753.

DIE Jovis, 11^o Januarii, 1753, Annoque Regni Serenissimi Domini Nostri Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, et Hib'niæ Regis, Fidei Defensoris, &c. Vicesimo Sexto, in quem Diem hæc Sexta Sessio Parliamenti, per separales Prorogationes, continuata fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster convenere Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, et præsentes fuerunt:

REX.

King presents

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State; the Duke of Cumberland (in his Robes) sitting in his Place on His Majesty's Left Hand (the Lords being also 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, that they attend Him immediately, in this House."

Who being come, with their Speaker; His Majesty spake as follows; (videlicet,)

His Majesty's Speech.

"My Lords, and Gentlemen,

"I have received so many Proofs of the good Affections and Zeal of My People for My Person and Government, that every Opportunity of meeting them in Parliament gives Me a new Satisfaction. The Maintenance of the general Peace, already happily established, is so desirable for all Europe, that all My Views and Negotiations have been entirely calculated and directed to preserve it, and secure its Duration. I am still proceeding, and shall continue, to act upon the same Principle; nothing being capable of giving Me so much Comfort as that My good Subjects may long enjoy the happy Fruits of the present Tranquillity: I have the Satisfaction to be assured of a good Disposition in all the Powers in Alliance with Me to adhere to the same salutary Object; and the Measures which have been taken in different Parts of Europe for that Purpose cannot fail to give additional Strength and Solidity to the Provisions made by the Treaty of Aix la Chapelle.

"Gentlemen of the House of Commons,

"The Estimates for the current Year shall be laid before you by My Order. I have no Supplies to ask of you, but what shall be necessary for the ordinary Services, and such as have been already communicated to you; and for the Security of the Nation, and the Support of its Trade and Commerce, on which the essential Interests of this Kingdom depend. I must at the same Time earnestly recommend the Continuance of your Attention to the Reduction of the National Debt, the Improvement of the Publick Revenue, and augmenting the Sinking Fund.

"My Lords, and Gentlemen,

"I hope you will find that the Laws made the last Session of Parliament, for suppressing those Crimes and Disorders which have been so justly complained of, have had a good Effect. Whatsoever is further necessary to perfect so laudable a Work deserves your serious Consideration; that, whilst we enjoy Peace Abroad, we may maintain good Order and Regularity at Home. My hearty Concurrence and Endeavours shall never be wanting, in any Thing that may promote your Welfare and Prosperity."

The Speech being ended; His Majesty was pleased to retire, and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

PRAYERS.

Certificates of the Elections of the Earl of Breadalbane and L. Cathcart.

This Day the Deputy Clerk of the Crown in Chancery delivered Two Certificates of the Names of the Peers of Scotland, who, by virtue of His Majesty's Proclamations, are chosen to sit and vote in this House, in the room of the Earl of Dunmore and the Duke of Gordon, both deceased; which are as follow; (videlicet,)

"May it please your Lordships,

"We do hereby certify, that, by virtue of His Majesty's Proclamation, of the Seventh Day of May One Thousand Seven Hundred and Fifty-two, a Certificate under the Hands and Seals of Mr. Thomas Gibson and Mr. William Kirkpatrick, Clerks of Session attending the Election after mentioned, in virtue of the Lord Clerk Register's Commission to them granted, has been delivered into the Crown Office in Chancery; whereby it appears that the Right Honourable John Earl of Breadalbane was unanimously elected and chosen to sit and vote in the House of Peers, in this present Parliament, in the room of John Earl of Dunmore, deceased.

"Given under our Hands, this Eighteenth Day of July, 1752.

"Cha^s Yorke,
John Yorke,
Clerk of the Crown in Chancery."

"May it please your Lordships,

"We do hereby certify, that, by virtue of His Majesty's Proclamation, of the Eighth Day of September One Thousand Seven Hundred and Fifty-two, a Certificate under the Hands and Seals of Mr. Thomas Gibson and Mr. William Kirkpatrick, Clerks of Session attending the Election after mentioned, in virtue of the Lord Clerk Register's Commission to them granted, has been delivered into the Crown Office in Chancery; whereby it appears that the Right Honourable Charles Lord Cathcart was unanimously elected and chosen to sit and vote in the House of Peers, in this present Parliament, in the room of Cosmo George Duke of Gordon, deceased.

"Given under our Hands, this First Day of December 1752.

Cha^s Yorke,
John Yorke,
Clerk of the Crown in Chancery."

E. of Guilford introduced:

Francis Lord North and Guilford, being, by Letters Patent, dated the Eighth Day of April, in the Twentyfifth Year of the Reign of His present Majesty, created Earl of Guilford, was (in his Robes) introduced, between the Earl of Halifax and the Earl Brooke (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 his Patent to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Writ of Summons was also read, as follows:

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 Right Well-beloved Cousin Francis Earl of Guilford, Greeting. Whereas, by reason of certain arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, We did lately, with the Advice and Consent of Our Council, ordain Our present Parliament to be holden at Our City of Westminster, on the Thirteenth Day of August, in the Twenty-first Year of Our Reign; which Parliament hath been from that Time, by several Adjournments and Prorogations, adjourned, prorogued, and continued, to and until the Eleventh Day of this Instant January, at Our City aforesaid, to be then there held; 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 the said Day and Place, 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 Ninth Day of January, in the Twenty-sixth Year of Our Reign.

"Yorke and Yorke."

Lords take the Oaths.

Then the said Earl, together with John Earl of Breadalbane, Richard Lord Bishop of Durham, James Lord Bishop of Gloucester, and Charles Lord Cathcart, took the Oaths, at the Table; and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and his Lordship was afterwards placed on the lower End of the Earls Bench.

Select Vestries, regulating Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better regulating Select Vestries."

The Lord Chancellor reported His Majesty's Speech.

And the same being read, by the Clerk:

Order for an Address:

Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Speech from the Throne.

"To assure His Majesty of our just and grateful Sense of His Paternal Care of His People, in His constant Endeavours to preserve to them the Blessings of Peace; and our firm Reliance on His Majesty's Wisdom and Goodness, in directing all His Views and Negotiations to that desirable End.

"To express our Satisfaction, in being acquainted with the good Disposition of all the Powers in Alliance with His Majesty to maintain the present Tranquillity; and to assure Him of our Resolution and Zeal to strengthen His Majesty's Hands, and add Weight to His Measures, to render it durable, for the lasting Benefit of this Kingdom, and the Security and Advancement of its Commerce.

"To thank His Majesty, for so graciously recommending to us the Maintenance of good Order and Regularity amongst the People, which is so necessary to the National Happiness.

"To give His Majesty the strongest Assurances of our unfeigned Gratitude for the Blessings we enjoy under His auspicious Government, of our unshaken Duty and Affection to His Sacred Person, our Zeal for the Prosperity, Ease, and Glory, of His Reign, and for perpetuating the Protestant Succession in His Royal Family."

Then the Lords following were appointed a Committee, to draw an Address, pursuant to the said Order; and report to the House:

Their Lordships, or any Five of them; to meet immediately, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure; and the Committee withdrew, to prepare the Address.

After some Time, the House was resumed.

Address reported.

And the Earl of Marchmont reported from the said Committee, "That they had prepared an Address, pursuant to the foregoing Order."

And the same, being read by the Clerk, was agreed to by the House; and is as follows; (videlicet,)

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our humble Thanks, for Your most Gracious Speech from the Throne.

"Your Majesty's Paternal Care of Your People, in establishing the Peace, can receive no Addition but from Your constant and vigilant Endeavours to preserve to them the happy Fruits of it. Whilst we gratefully remember the one, and feel the good Effects of the other, we do, with the justest Confidence, rely on Your Majesty's experienced Wisdom and Goodness, in directing all Your Views and Negotiations to that desirable End.

"It gives us great Satisfaction, to be informed from the Throne of the good Disposition of all the Powers in Alliance with Your Majesty to maintain the present Tranquillity. Convinced that this is the real Interest of the other Nations of Europe as well as our own, we rejoice in every Event that may give Strength and Solidity to the Provisions made by the General Definitive Treaty. We are deeply sensible that nothing can so much contribute to these Purposes as the Influence of Your Majesty and the Crown of Great Britain. And we beg Leave to assure You of our Resolution and Earnestness to strengthen Your Majesty's Hands; and, so far as depends upon us, to add Weight to Your Measures, to render the Peace durable, for the common Good of Europe, the lasting Benefit of Your own Kingdoms, and the Security of our Commerce and Navigation; the Support and Advancement whereof we consider as the great Source and solid Basis of our Riches and Strength.

"Your Majesty's Concern for our domestic Happiness appears in nothing more than in so graciously recommending to Your Parliament the salutary Work of maintaining good Order and Regularity amongst the People. We look upon it as essential to the National Happiness; and as the most likely Means, not only to entitle us to Your Majesty's Gracious Approbation, but to draw down upon us the Protection of the Divine Providence.

"To repeat only our solemn Assurances of unfeigned Gratitude for the inestimable Blessings we enjoy under Your auspicious Government, would not sufficiently express the Warmth of those Sentiments which we feel in our Hearts: Our Loyalty, Duty, and Affection to Your Sacred Person, are raised to the greatest Height; and our Zeal for the Ease, Prosperity, and true Glory of Your Reign, and for perpe tuating the Succession to this Crown, which You wear with so much Lustre, in a Race of Princes descended from Yourself, is incapable of any Addition."

Ordered, That the said Address be presented to His Majesty by the whole House.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will be pleased to appoint to be attended therewith.

Appointment of Mr. De Grey, by the Clerk of the Parliaments, to be Clerk Assistant:

The Lord Chancellor acquainted the House, "That Mr. Merest, their Lordships late Clerk Assistant, being dead, Mr. Cowper, the Clerk of the Parliaments, had desired him to inform their Lordships, that he had appointed William De Grey Esquire, Barrister at Law, to be Clerk Assistant, in the Place of the said Mr. Merest."

Committee to consider of:

Then the Lords following were appointed a Committee, to consider of the Appointment of a Clerk Assistant; and to report to the House:

Their Lordships, or any Five of them; to meet on Wednesday Sevennight, being the 24th Day of this Instant January, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Which done;

Clerk of the Parliaments Pet. to be heard by Counsel concerning it:

A Petition of Ashley Cowper Esquire, Clerk of the Parliaments, was presented to the House, and read; setting forth, "That he had, by a Deed under his Hand and Seal, dated the 31st Day of December last, appointed William De Grey Esquire to be Clerk Assistant and Deputy, in the Place of Mr. Merest, lately deceased;" and praying, "That he may be at Liberty to be heard, by Counsel, before the said Committee, touching the Matter and Right of the Petitioner's Appointment of the said William De Grey to be Clerk Assistant and Deputy as aforesaid."

Ordered, That the said Petition be referred to the Consideration of the said Committee.

and Pet. of Mr. De Grey, to be heard by Counsel.

Likewise, a Petition of the said William De Grey, was presented to the House, and read; setting forth, "That Ashley Cowper Esquire, Clerk of the Parliaments, had appointed him Clerk Assistant and Deputy, as aforesaid, in the Place of Mr. Merest, deceased;" and praying, "That he may be at Liberty to be heard, by Counsel, before the said Committee, touching the Matter and Right of the Petitioner's Appointment."

Ordered, That the said Petition be referred to the Consideration of the said Committee.

But an Objection being made to both the Petitioners being at Liberty to be heard by Counsel, before the said Committee:

After Debate;

Ordered, That this House will take into Consideration the Matter relating to both the Petitioners being heard by Counsel, before the said Committee, on Wednesday next.

Committee of Privileges.

Lords Committees appointed to consider of the Orders and Customs of the House, and the Privileges of Parliament, and of the Peers of Great Britain and Lords of Parliament.

Their Lordships, or any Seven of them; to meet on Monday next, at Ten of the Clock in the Forenoon, in the House of Peers; and every Monday after; and to adjourn as they please.

Committee for the Journal.

Lords Sub-committees, appointed to consider of the Orders and Customs of this House, and Privileges of the Peers of Great Britain and Lords of Parliament; and to peruse and perfect the Journals of this and former Sessions of Parliament.

Their Lordships, or any Three of them; to meet when, where, and as often as, they please.

Stoppages in the Streets, Order to prevent.

The House taking Notice, "That there is such an Interruption, by Hackney Coaches, Carts, and Drays, in the Streets and Passages between Charing Cross and The Old Palace Yard in Westminster, that the Lords and others are frequently hindered from coming to this House, to the great Inconveniency of the Members of both Houses:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace for the said City, shall, by their Care and Directions to the Constables and other Officers within the said Limits, take special Order, that no empty Hackney Coaches be suffered to make any Stay, between Whitehall and The Old Palace Yard in Westminster, from Eleven of the Clock in the Forenoon until Five of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to pass through the said Streets and Passages, between Charing Cross and The Old Palace Yard, between the Hours aforesaid, during the Sitting of this Parliament; and herein special Care is to be taken, by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them residing in Westminster, be served with the Order of this House, made this Day, for the Purposes aforesaid.

Adjourn.

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

DIE Veneris, 12^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Du Plessis against Attorney General.

The Answer of Sir Dudley Ryder Knight, his Majesty's Attorney General, to the Appeal of Rose Du Plessis, was brought in.

Price against Folliot Baugh.

As was also, the Answer of Thomas Folliot Baugh Esquire, to the Appeal of John Price Gentleman.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time He would be pleased to appoint to be attended with their Lordships Address; and that His Majesty had been pleased to appoint this Day, at Two o'Clock, at His Palace of Saint James."

Bp. of Chester takes the Oaths.

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

Adjourn.

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

DIE Martis, 16^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chancellor reported, "That the House did, on Friday last, present to His Majesty their humble Address; to which His Majesty was pleased to return the following most Gracious Answer:

The King's Answer to the Address.

"My Lords,

"I return you My Thanks, for this very loyal and dutiful Address: Nothing can give Me greater Satisfaction than these solemn Assurances of the Continuance of your Zeal and Affection for My Person, Family, and Government. I firmly rely on Your Support; and you may depend on My hearty Concern for your true Interests."

Ordered, That the said Address, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Bp. of Chester to preach the 30th Instant.

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

Petitions for Private Bills, Time limited.

Ordered, That no Petition for a Private Bill shall be received by this House after Wednesday the 14th Day of March next, during this Session of Parliament.

Accounts of prohibited East India Goods and Naval Stores delivered.

The House being informed, "That some of the Commissioners of the Customs attended:"

They were called in; and delivered, at the Bar, pursuant to several Acts of Parliament,

"The Return of the said Commissioners; with the Accounts of prohibited East India Goods, and Naval Stores imported, from Michaelmas 1751, to Michaelmas 1752; and also an Account of prohibited East India Goods delivered out of the Warehouses, to be glazed, refreshed, &c. for the same Time."

And then they were directed to withdraw.

And the Titles of the said Accounts were read, by the Clerk; and are as follow; (videlicet,)

"N^o 1. An Account of prohibited East India Goods remaining in the Warehouses in St. Helens, &c. in the Port of London, at Michaelmas 1751; what brought in since, what exported, also what remained in the said Warehouses at Michaelmas 1752."

"N^o 2. An Account of East India prohibited Goods remaining in the East India Warehouses at Leadenhall and Fenchurch Street, at Michaelmas 1751; what have since been brought in, what exported, also what remained at Michaelmas 1752."

"N^o 3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London, at Michaelmas 1751; what have been since brought in, what exported, as also what remained at Michaelmas 1752."

"N^o 4. An Account of East India Goods prohibited to be worn in this Kingdom, remaining in the respective Warehouses in the Out Ports, at Michaelmas 1751; what have been since brought in, what exported, as also what remained at Michaelmas 1752."

"N^o 5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at St. Helens, Fenchurch Street, Leadenhall Street, and Custom House, in the Port of London, at Michaelmas 1751, in order to be dyed, glazed, &c.; what has been returned, and what remained out of the said Warehouses at Michaelmas 1752."

"N^o 6. An Account of Naval Stores imported from Russia, into the Port of London, from Michaelmas 1751, to Michaelmas 1752."

"N^o 7. An Account of Naval Stores imported from Russia, into the Ports of England commonly called the Out Ports, from Michaelmas 1751, to Michaelmas 1752."

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

E. of Kildare against Higginbotham & al.: Appeals withdrawn.

A Petition of James Earl of Kildare in the Kingdom of Ireland, Viscount Leinster in the Kingdom of England, was presented to the House, and read; setting forth, "That the Petitioner's Appeals, to one of which John Higginbotham Gentleman and Moore Disney Esquire are Respondents, and to the other James M^cRoberts Esquire and the said Moore Disney are Respondents, were set down for hearing towards the latter End of the last Session of Parliament; which Hearing was put off for Want of the Original Papers being transmitted from Ireland;" and praying, "In regard the Petitioner hath since obtained the full Benefit of his Appeals, that he may have Liberty to withdraw the same; Notice having been given to the Respondents Agent, that the Petitioner would apply to this House for that Purpose."

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

And being withdrawn:

Ordered, That the Petitioner be at Liberty to withdraw his said Appeals, as desired.

Petitions of the Clerk of Parliaments and Mr. de Grey, as to the Hearing of Counsel, waived.

The House was informed, "That Ashley Cowper Esquire, Clerk of the Parliaments, and William De Grey Esquire, were desirous to waive that Part of their Petitions which prayed to be heard by Counsel before the Committee to whom it is referred to consider of the Appointment of a Clerk Assistant."

Ordered, That the Order for the House to take into Consideration, To-morrow, the Matter relating to both the Petitioners being heard by Counsel before the said Committee, be discharged; and that the Petitioners be at Liberty to be heard by themselves before the said Committee, if they think fit.

E. of Home against Jacobina Clarke.

Upon reading the Petition and Cross Appeal of William Earl of Home; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 11th of November 1742; and of an Interlocutor of the Lords of Session, of the 20th of November 1746; as also of another Interlocutor of the said Lords, of the 27th of January 1747, whereby they adhered to their former Interlocutor; and likewise of another Interlocutor of the Lord Ordinary, of the 11th of February following, so far as they affirm an Interlocutor of the whole Lords of the 3d of June 1741; and praying, "That the same may be reversed or varied; and that the Three Interlocutors from which Jacobina Clarke has appealed to this House may be affirmed, except in so far as they sustain Action competent to her in virtue of the Titles produced; and that the Appellant may have such Relief in the Premises as to this House in their great Wisdom shall seem meet; and that the said Jacobina Clarke may be ordered to answer the said Appeal:"

It is Ordered, That the said Jacobina Clarke may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Tuesday the 13th Day of February next; and that Service of this Order upon any of her Procurators or Agents in the Court of Session in Scotland be deemed good Service.

Cochran, alias Campbell, against Campbell.

Ordered, That the Hearing of the Cause wherein Magdalen Cochran, alias Campbell, Widow, and others are Appellants, and Jean Campbell and her Daughter Respondents, which stands for To-morrow, be put off to Friday next.

Adjourn.

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

DIE Veneris, 19^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Turnbull & al. against J. Clarke.

The Answer of Robert Turnbull and others, to the amended Appeal of Jacobina Clarke, was brought in.

Monro against Ereskine.

As was also, the Answer of Alexander Monro, to the Appeal of David Ereskine.

Campbell, alias Cochran, against Campbell.

A Petition of Magdalen Campbell, was presented to the House, and read; setting forth, "That, the Petitioner's Agent being out of Town, she did not know, till last Wednesday Afternoon, that her Appeal, to which Jean Campbell is Respondent, stood appointed for this Day;" and praying, "In regard the Petitioner's Counsel are not prepared to attend this Day, that the Hearing of the said Cause may be put off for a Week."

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 to this Day Sevennight; and the other Cause removed, to come on in Course.

Lords take the Oaths.

George William Earl of Coventry and John Earl of Hyndford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; their Lordships having first delivered in Certificates of their having received the Sacrament, to the Truth whereof Witnesses were sworn and examined.

His Majesty's Advocate against D. Gordon.

Upon reading the Petition of William Grant Esquire, His Majesty's Advocate for Scotland, on Behalf of His Majesty; setting forth, "That the Hearing of the Petitioner's Appeal, to which Cosmo George late Duke of Gordon was Respondent, has been several Times put off, from a View of having the Matters in Question amicably settled;" and praying, "In regard the same are yet unsettled, by the Death of the said Duke, that the Petitioner may have Liberty to amend his said Appeal, by making now Duke of Gordon, an Infant, and his Guardians, Parties thereto:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired; and that the same do stand revived against the said Duke the Infant and his Guardians; and that they may have a Copy or Copies thereof; and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 16th Day of February next.

Gordon against His Majesty's Advocate:

Upon reading the Petition of John Gordon Esquire; setting forth, "That he presented his Appeal to their Lordships a few Days before the End of the last Session of Parliament, to which His Majesty's Advocate was ordered to put in his Answer in Four Weeks;" and praying, "In regard no Answer is as yet put in, nor the Petitioner able to prove Service of the Order, that a new Order may be granted, for the said Respondent to put in his Answer; in the usual Time:"

New Order to answer.

It is Ordered, That the said Respondent do put in his Answer to the said Appeal, in Writing, on or before Friday the 16th Day of February next.

E. Donegall & al. Pet. referred to Judges.

Upon reading the Petition of Arthur Earl of Donegall in the Kingdom of Ireland, and Richard Barry and John Ludford Esquires, his Trustees, the said John Ludford being also the only acting Testamentary Guardian of Arthur Chichester and John Chichester, the Infant Sons of John Chichester Junior Esquire, late Brother of the said Earl, deceased, and petitioning for and on Behalf of the said Infants; praying Leave to bring in a Bill, to empower the said Trustees, pursuant to an Indenture of the Second Day of August 1751, during the Life of the Petitioner the said Earl, to make Leases and Demises of certain Premises, in and about the Town of Belfast, in the said Kingdom of Ireland; 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 Justice of the Court of Common Pleas 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 the signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Respondents peremptorily to answer Cahill's Appeal.

The House was informed, "That Nicholas Moore, James Poe and Mary his Wife, and James Sheridan, had not put in their Answer to the Appeal of John Cahill Esquire, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Christopher Jennett, of Yellow Ford Bridge in the County of Meath and Kingdom of Ireland, Gentleman, of the due Servioe of the said Order, being read:

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

Mercer against His Majesty's Advocate.

Upon reading the Petition and Appeal of Charles Mercer, Second Son of Sir Lawrence Mercer of Aldie, deceased; complaining of an Interlocutor of the Lords of Session in Scotland, of the First of July 1752, made on the Behalf of His Majesty's Advocate for Scotland; and praying, "That the same may be reversed, and such Relief given the Appellant as to this House in their great Wisdom shall appear meet:"

It is Ordered, That His Majesty's said Advocate may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Friday the 16th Day of February next; and Service of this Order on the Agent for the Crown in the Court below shall be deemed good Service.

Grosset against Ogilvy:

The House being moved, "That a Day may be appointed, for hearing Counsel, to argue the Errors assigned upon the Writ of Error depending in this House, wherein Walter Grosset Esquire is Plaintiff, and Thomas Ogilvy Defendant:"

Errors to be argued.

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Friday the 16th Day of February next.

Lords added to Committee on the Clerk's Petition.

Ordered, That all the Lords who have been present this Session, and are not of the Committee to whom it is referred to consider of the Appointment of a Clerk Assistant, be added thereunto.

Davidson to enter into Recognizance for the E. of Home.

The House being moved, "That Henry Davidson Gentleman may be permitted to enter into a Recognizance for William Earl of Home, on account of his Appeal depending in this House; he being in Scotland:"

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 & in diem Mercurii, vicesimum quartum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 24^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bernard against Woodley & al.:

Upon reading 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 Ireland, 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, or so much thereof as affects the Appellant, may be reversed, varied, or rectified; and that this House will grant him such other Relief as their Lordships in their great Wisdom shall think meet and proper; and that Francis Woodley and John Dixon may be required to put in their Answer to the said Appeal:"

It is Ordered, That the said Francis Woodley and John Dixon may have a Copy or Copies of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 28th Day of February next.

Murphey to enter into Recognizance for the Appellant.

The House being moved, "That David Murphy Esquire may be permitted to enter into a Recognizance for the said Roger Bernard, on account of his Appeal depending in this House; he being in Ireland:"

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

Price against Baugh.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Price Gentleman is Appellant, and Thomas Folliot Baugh Esquire Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 7th Day of February next.

Davidson to enter into Recognizance for Mercer.

The House being moved, "That Henry Davidson Gentleman may be permitted to enter into a Recognizance for Charles Mercer, on account of his Appeal depending in this House, he being in Scotland:"

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 Veneris, vicesimum sextum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 26^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Report of Commissioners of Greenwich Hospital.

The House being informed, "That a Person from the Commissioners of Greenwich Hospital attended:"

He was called in; and delivered, at the Bar, pursuant to an Act of Parliament,

"The Report of the said Commissioners, of what Money has been received from the Derwentwater Estate, between the 1st December 1751, and 30th November 1752; and of their Proceedings in carrying on the Building."

And then he was directed to withdraw.

And the Title of the said Report being read by the Clerk:

Ordered, That the same do lie on the Table.

Pusey & al. Leave for a Bill.

Upon reading the Petition of John Allen Pusey of Pusey in the County of Berks Esquire, and Lionel Lampet Clerk, Rector of the Parish Church of Pusey aforesaid; praying Leave to bring in a Bill, for establishing an Exchange of Glebe Lands and Tithes of the Rectory of the said Parish Church with the Petitioner Pusey, except as in the Petition is excepted, for the Annual Sum of Fifty Pounds, to be paid to the said Rector and his Successors for ever; and for rendering the said Exchange effectual:

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

Cochran, alias Campbell, against Campbell.

After hearing Counsel in Part, upon the amended Petition and Appeal of Magdalen Cochran, alias Campbell, Widow and Administratrix of Captain John Campbell of Carrick, deceased, and Alexander and Archibald Stevensons, Conjunct Procurators Fiscal of Court, to which Jean Campbell and her Daughter are Respondents:

It is Ordered, That the further hearing of the said Cause be adjourned to Monday next; and that the Counsel be called in precisely at One o'Clock; and that the other Cause be removed in Course.

Adjourn.

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

DIE Lunæ, 29^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cochran, alias Campbell, against Campbell.

After hearing Counsel further, in the Cause wherein Magdalen Cochran, alias Campbell, and others, are Appellants, and Jean Campell and her Daughter Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned to Wednesday next; and that the Counsel be called in precisely at One o'Clock; and that the other Cause be removed in Course.

Adjourn.

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

DIE Martis, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

In order to solemnize this Day; being, by Act of Parliament, appointed to be observed as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First;

Adjourn.

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

DIE Mercurii, 31^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thanks to Bp. of Chester, for his Sermon.

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

Accompts from Commissioners of Westminster Bridge delivered.

The House being informed, "That Mr. Seddon, from the Commissioners of Westminster Bridge, attended:"

He was called in; and delivered, at the Bar, pursuant to several Acts of Parliament,

"A State of the said Commissioners Proceedings, from the 19th of November 1751, to the 23d of January 1753, inclusive."

And also, "Accompts of the Treasurer to the said Commissioners, from the 29th of September 1751, to the 5th of January 1753."

And then he was directed to withdraw.

And the Titles thereof being read by the Clerk:

Ordered, That the said State and Accompts do lie upon the Table.

Clerk Assistant and Reading Clerk appointed.

The Lord Chancellor acquainted the House, "That he is desired by Ashley Cowper Esquire, Clerk of the Parliaments, to inform their Lordships, That he hath revoked his Appointment of William De Grey Esquire to be Clerk Assistant; and hath appointed Mr. Joseph Wight the Reading Clerk to be Clerk Assistant, in the Place of Mr. Merest the late Clerk Assistant, deceased; and the said William De Grey to be Reading Clerk, in the Place of the said Mr. Wight."

Cochran, alias Campbell, against Campbell:

After hearing Counsel, as well on Friday and Monday last as this Day, upon the amended Petition and Appeal of Magdalen Cochran, otherwise Campbell, Widow and Administratrix of Captain John Campbell of Carrick, deceased, and Alexander and Archibald Stevensons, Conjunct Procurators Fiscal of Court; complaining of an Interlocutor of the Commissaries of Edinburgh, of the 25th of January 1751; and of an Interlocutor of the Lords of Session in Scotland, of the 19th of June 1751; and of the final Decreet or Sentence of the said Commissaries, in Consequence and conformable to the said Interlocutor of the said 25th of January 1751, made on the Behalf of Mrs. Jean Campbell; and praying, "That the same might be reversed and set aside; and that the said Lords of Session might be directed to re-assume the Appellant's Bill of Advocation, and remit the Cause to the said Commissaries; and that such Relief might be granted the Appellant as to this House in their great Justice and Wisdom should seem meet:" As also upon the Answer of the said Jean Campbell Relict of Captain John Campbell of Carrick, and Jean Campbell only Child now on Life procreated of the Marriage between the said Captain John Campbell and the said Jean Campbell his Spouse, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

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

Clandestine Marriages to prevent; Judges to prepare a Bill.

Ordered, That the Judges do prepare and bring in a Bill, for the better preventing of Clandestine Marriages.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, secundum diem Februarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.