House of Lords Journal Volume 28: January 1755

January 1755

DIE Jovis, 9^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marchioness Dowager of Annandale against the Marquis.

The Answer of George Marquis of Annandale and of Mr. Ronald Crawfurd Factor for the said Marquis, and of the Tenants of the said Marquis's Estate in Scotland, to the Appeal of the Marchioness Dowager of Annandale, was brought in.

E. of Albemarle takes his Seat.

This Day George Earl of Albemarle sat first in Parliament, after the Death of his Father William Anne Earl of Albemarle; 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.

Lords take the Oaths.

The Lords following also took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:

James Earl of Moray.

John Earl of Hyndford.

William Lord Byron.

Anthony Lord Feversham.

Mortuaries in the Archdeaconry of Chester, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for taking away Mortuaries in the Archdeaconry of Chester, and giving a Recompense therefor to the Bishop of Chester, as Archdeacon of Chester, who holds and enjoys the said Archdeaconry in Right of his See."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Bp. Chichester to preach the 30th Instant.

Ordered, That the Lord Bishop of Chichester be desired to preach before this House, in the Abbey Church, Westminster, on Thursday the Thirtieth Day of this Instant January.

Spelman, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Turner and Edward Spelman Esquires; 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 rectifying and supplying several Defects and Omissions in certain Common Recoveries suffered by Edward Spelman Esquire."

Brancaster Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Field and Brecks, in the Manor and Parish of Brancaster, in the County of Norfolk; and for extinguishing the several Rights of Common and Sheep Walk over the said Field and Brecks, and over certain Half-year Closes and Pieces of Common in the said Manor and Parish; and for granting another Right of Common to the Owners of certain Dwelling-houses in the Manor and Parish aforesaid."

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

Their Lordships, or any Five of them; to meet on Wednesday the 22d Instant, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Swanton Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common, Fields and certain Lands lying dispersed in the Half-year Closes belonging to the Manor of Swanton with Worthing, within the Parishes of Swanton Morley, and Worthing, in the County of Norfolk; and for extinguishing the several Rights of Common and Sheep Walk over the said Fields and Half-year Closes, and over certain Lands called The Brecks, lying within the said Manor and Parishes."

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

Their Lordships, or any Five of them; to meet on Thursday the 23d Instant, at the usual Time and Place; and to adjourn as they please.

St. John & al. Pet. referred to Judges.

Upon reading the Petition of Ellis St. John Clerk, Rector of Finchamstead in the County of Berks, William Denison the Elder Clerk, Principal of Saint Mary Magdalen Hall in the University of Oxford, John Allen Clerk Vice Principal, and William Denison the Younger Clerk Senior Master of Arts of Saint Mary Magdalen Hall aforesaid; praying Leave to bring in a Bill, for carrying into Execution an Agreement made between the Petitioners, for the Exchange of the alternate Presentation to the Rectory of Finchamstead aforesaid, for the Advowson of the Rectory and Parish Church of South Moreton, in the said County of Berks:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Birch and Mr. Justice Clive; 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.

Grant against Sutherland.

Upon reading the Petition and Appeal of Mrs. Isabella Grant, Relict of James Sutherland of Pronsie; complaining of an Interlocutor of the Lords of Session in Scotland, of the 12th Day of December 1754, made on the Behalf of David Sutherland; and praying, "That the same may be reversed or altered:"

It is Ordered, That the said David Sutherland may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Thursday the Sixth Day of February next; and Service of this Order upon any One of his Counsel or Agents in the Court of Session in Scotland shall be deemed good Service.

His Majesty's Advocate against Urquhart; et è contra.

The House being moved, "That Monday the 27th Day of this Instant January may be appointed, for hearing the Cause wherein His Majesty's Advocate for Scotland is Appellant, and William Urquhart is Respondent, et è contra:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 27th Day of this Instant January, as desired.

Marchioness Dowager of Annandale against the Marquis & al.

The House being moved, "That Monday the Tenth Day of February next may be appointed, for hearing the Cause wherein Charlotta Marchioness Dowager of Annandale is Appellant, and George Marquis of Annandale and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Tenth Day of February next, as desired.

Hill & al. against Sir A. Grant:

The House was informed, "That Sir Archibald Grant Baronet, Respondent to the Appeal of Edward Hill Esquire and others, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of the due Service of the said Order being read:

Respondents peremptorily to answer.

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

Adjourn.

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

DIE Lunæ, 13^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Gower takes his Seat.

This Day Granville Levison Earl Gower sat first in Parliament, after the Death of his Father John Levison Earl Gower; 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.

Lords take the Oaths.

William Earl of Home and James Viscount Leinster also took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Sir E Montague & al. Pet. to sell Mentague House for the British Museum, referred to Judges.

Upon reading the Petition of the Honourable Sir Edward Montagu Knight of the most Honourable Order of the Bath and the most Noble Isabella Dutchess Dowager of Manchester his Wife, the Right Honourable George Earl of Cardigan Knight of the most Noble Order of the Garter, and the Right Honourable Mary Countess of Cardigan his Wife; praying Leave to bring in a Bill, for Sale of the Capital Messuage, or Mansionhouse, commonly called Montagu House, situate in Great Russell Street, in the Parish of Saint George Bloomsbury, in the County of Middlesex, with the Appurtenances thereto belonging; and for applying the Money arising by such Sale in the Purchase of another Estate, to be settled to the same Uses as the said Mansion-house and Premises are now settled and subject unto:

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.

H. Coxe & al. Pet. for a Bill for Partition of Northleigh's Estate, referred to Judges.

Upon reading the Petition of John Hippisley Coxe Esquire and Mary his Wife, One of the Daughters and Coheirs of Stephen Northleigh Esquire, deceased, and of Margaret Northleigh his Wife, also deceased, as well on the Behalf of the said John Hippisley, as on the Behalf of, and as Committee of the Estate of, Margaret Northleigh, a Lunatick, One other of the Daughters and Coheirs of the said Stephen Northleigh and Margaret his Wife, and of Margaret Chudleigh and Elizabeth Chudleigh Spinsters, Two of the Daughters and Coheirs of Dame Frances Chudleigh, deceased, Sir John Chichester Baronet, for and on the Behalf of John Chichester an Infant, his only Son by Dame Frances Chichester his late Wife, deceased, One other of the Daughters and Coheirs of the said Dame Frances Chudleigh, Humphry Prideaux Esquire, for and on Behalf of George Prideaux his only Son by Mary Prideaux his late Wife, deceased, who was the other Daughter and One of the Coheirs of the said Dame Frances Chudleigh; praying Leave to bring in a Bill, for confirming and establishing a Partition of certain Manors, Lands, and Hereditaments, in the County of Devon, late the Estate and Inheritance of the said Stephen Northleigh; and for settling the specifick Shares and Allotments belonging to the Petitioners, by such Partition, to such Uses as their respective undivided Shares thereof stood limited before such Partition; and for other 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 Petition; and also that the Judges, having perused the Bill, do sign the same.

Sir J. Chichester & al. Pet. for a Bill for Partition of Chudleigh's Estate.

Upon reading the Petition of Sir John Chichester Baronet, for himself and on Behalf of John Chichester an Infant, his only Son by Dame Frances his Wife, lately deceased, One of the Daughters and Co-heirs of Sir George Chudleigh Baronet, by Dame Frances Chudleigh his late Wife, also deceased, who was One of the Daughters and Co-heirs of Sir William Davie Baronet, deceased, Humphry Prideaux Esquire, for himself, and on Behalf of George Prideaux an Infant, his only Son by Mary Prideaux his Wife, deceased, who was One other of the Daughters and Coheirs of the said Sir George Chudleigh by the said Dame Frances Chudleigh, and also of Elizabeth Chudleigh and Margaret Chudleigh, Spinsters, the Two other Daughters and Coheirs of the said Sir George Chudleigh by the said Dame Frances Chudleigh; praying Leave to bring in a Bill, for confirming and establishing a Partition of certain Manors, Lands, and Hereditaments, in the County of Devon, late the Estate and Inheritance of the said Sir George Chudleigh; and for settling the specifick Shares and Allotments belonging to the respective Parties to such Uses as their respective undivided Parts or Shares thereof stood limited at the Time of such Partition:

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 Petition; and also that the Judges, having perused the Bill, do sign the same.

Kirkham's Petition referred to Judges.

Upon reading the Petition of Fraunceis Kirkham Esquire and Damaris his Wise, on Behalf of themselves, and Francis Kirkham and Edward Hoblyn Kirkham their Infant Children; praying Leave to bring in a Bill, for Sale of the Manor of Ringmore, and the Advowson of the Church of Ringmore, and other Lands in the County of Devon, for discharging Portions, Debts, and Encumbrances; 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.

Spelman's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for rectifying and supplying several Defects and Omissions in certain Common Recoveries suffered by Edward Spelman Esquire."

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

Their Lordships, or any Five of them; to meet on Tuesday the 28th Instant, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sir J. Cockburne to amend his Appeal.

Upon reading the Petition of Sir James Cockburne of Longtoun Baronet; praying Leave to amend his Appeal, by rectifying the Date of the last Interlocutor complained of, and making His Majesty's Advocate for Scotland a Respondent thereto:

It is Ordered, That the Petitioner be at Liberty to amend his Appeal, as desired; and that His Majesty's Advocate for Scotland may have a Copy of the said amended Appeal; and do put in his Answer thereto in Four Weeks.

Urquhart peremptorily to answer His Majesty's Advocate's Appeal.

The House was informed, "That William Urquhart of Meldrum Esquire, Respondent to the Appeal of His Majesty's Advocate for Scotland, had not put in His Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of the due Service of the said Order being read:

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

Respondents peremptorily to answer the Appeal of Murray and His Majesty's Advocate.

The House was informed, "That Andrew Thomson and the other Creditors of John Burnet Merchant, Respondents to the Appeal of James Murray Esquire Receiver General of His Majesty's Customs in Scotland, and His Majesty's Advocate, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of the due Service of the said Order being read:

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

Sir J. St. Aubin & al. Pet. for a Bill to explain the Will of Sir W. Morrice, referred to Judges.

Upon reading the Petition of Sir John St. Aubin Baronet and John Molesworth Esquire, Heirs at Law and Devisees under the Will of Sir William Morrice Baronet, deceased; and also of William Molesworth, another Devisee under the same Will; praying Leave to bring in a Bill, for varying and explaining the Power of Leasing contained in the said Testator's Will, for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive and Mr. Baron Legge; 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.

Killican, to take the Name of Blackwell, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act to enable Samuel Blackwell, heretofore called Samuel Killican, and his Heirs, to take and use the Surname of Blackwell only, pursuant to the Will of Jonathan Blackwell, deceased, and to bear the like Arms which were borne by the said Jonathan Blackwell," stands committed, be revived; and meet To-morrow.

Stevenage to Bigleswade Road, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act to continue and render more effectual Two Acts of Parliament, passed in the Sixth and Twelfth Years of the Reign of His late Majesty King George, for repairing the Roads from Stevenage in the County of Hertford, to Bigleswade in the County of Bedford; and for repairing the Roads from the North End of the said Roads to the Toll Gate at the North End of the said Town of Bigleswade," stands committed, be revived; and meet on Thursday next.

Adjourn.

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

DIE Martis, 14^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Advocate against Urquhart.

The Answer of William Urquhart Esquire, to the Appeal of His Majesty's Advocate for Scotland, was brought in.

Leheup's Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting divers Lands, Tenements, and Hereditaments, in the County of Cambridge, settled on the Marriage of Peter Leheup the Younger Esquire, in Trustees, to be sold and conveyed pursuant to Articles; and for laying out the Purchase-money in another Estate, to be settled to the Uses of his Marriage Settlement," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made Two Amendments thereto."

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

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

Killican, to take the Name of Blackwell, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Samuel Blackwell, heretofore called Samuel Killican, and his Heirs, to take and use the Surname of Blackwell only, pursuant to the Will of Jonathan Blackwell deceased, and to bear the like Arms which were borne by the said Jonathan Blackwell," 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."

Sir H. Ibbertson & al. Petition referred to Judges.

Upon reading the Petition of Sir Henry Ibbetson Baronet, for himself, and on the Behalf of his Three Sons, who are all Infants, Samuel Davenport Gentleman and Elizabeth Davenport his Wife, Gawin Aynsley Esquire and Alice Aynsley his Wife, (and which said Elizabeth Davenport and Alice Aynsley are Two of the Daughters of James Ibbetson late of Leeds in the County of York Esquire, deceased, and Sisters of the said Sir Henry Ibbetson,) and also of James Hamer Son of Mary Hamer another Sister of the said Sir Henry Ibbetson; praying Leave to bring in a Bill, for Sale of Part of certain Estates, devised by the Will of James Ibbetson Esquire, deceased, in the Counties of York and Durham; 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. 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.

Hampden and Hobart's Petition referred to Judges.

Upon reading the Petition of Robert Hampden Esquire, formerly called Robert Trevor, for himself and on the Behalf of Thomas Trevor and John Trevor his Two Sons, who are both Infants, and also of John Earl of Buckinghamshire, for and on the Behalf of Henry Hobart, his Youngest Son, an Infant; praying Leave to bring in a Bill, for vesting an Estate at Wendover in the County of Bucks, devised by the Will of John Hampden Esquire, deceased, in Trustees, to be sold, 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. 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.

Governors of Christ's Hospital, Pet. referred to Judges.

Upon reading the Petition of the Mayor and Commonalty and Citizens of the City of London, Governors of the Possessions, Revenues, and Goods, of the Hospitals of Edward King of England the Sixth, of Christ, Bridewell, and Saint Thomas the Apostle, and of John Keeley Gentleman, the Trustee for the said Mayor and Commonalty and Citizens of London, Governors of Christ's Hospital, and also of John Leman Esquire; praying Leave to bring in a Bill, for an Exchange of certain Copyhold Lands, held of the Manor of Northaw in the County of Hertford, belonging to the said Governors, for a Messuage and Farm of the said John Leman, in the Parish of Hertingfordbury, in the said County:

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.

Ready, Leave for a Bill, to take the Name and Arms of Colston:

Upon reading the Petition of Alexander Ready of The Middle Temple London Esquire and Sophia his Wife, Youngest Daughter of Thomas Edwards late of The Middle Temple aforesaid Esquire, deceased, by Mary his Wife, also deceased, who was the only Daughter of Sir William Hayman late of the City of Bristol Knight, deceased, by Mary his Wife, also deceased, who was the only Sister and Heir of Edward Colston late of Mortlake in the County of Surry Esquire, deceased; praying Leave to bring in a Bill, to enable the Petitioner, and his Issue by the said Sophia, to take and use the Surname of Colston, pursuant to the Will of Edward Colston Esquire, deceased, and to bear the like Arms which were borne by the said Edward Colston:

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

Bill read.

Accordingly, the Earl of Warwick presented to the House a Bill, intituled, "An Act to enable Alexander Ready Esquire and his Issue by Sophia his Wife (late Sophia Edwards) to take and use the Surname of Colston, pursuant to the Will of Edward Colston Esquire, deceased, and to bear the like Arms which were borne by the said Edward Colston."

And the same was read the First Time.

Bor against Bor; Respondent's Pet. for Deeds &c. to be produced at the Hearing.

A Petition of Jacob Bor Esquire, Respondent to an Appeal depending in this House, wherein Gerard Bor a Minor, by William Cooper Esquire his Guardian, is Appellant, with the Certificate thereto annexed, was presented, and read; setting forth, "That he is advised, that the several Wills and Deeds which are mentioned in the said Certificate to be deposited with the Usher of the Court of Chancery in Ireland, and which were read at the Hearing of the Cause in the said Court of Chancery, are very material, and absolutely necessary to be produced at the Hearing of the said Appeal in this House;" and therefore praying, "That their Lordships will be pleased to order that the said Deeds and Wills may be delivered to the Petitioner, on such Terms and Conditions as their Lordships shall think fit, in order to be produced and read at the Hearing of the said Appeal, or make such other Order therein for the Petitioner's Relief as to their Lordships shall seem meet."

And thereupon the Petitioner's Agent was called in, and heard at the Bar.

And having proved, upon Oath, "That he gave Notice of this Application to Mr. Gordon, the Agent for the Appellant:"

He was directed to withdraw.

Ordered, That such of the said Deeds and Wills mentioned in the Certificate annexed to the said Petition as were read, or offered to be read, at the Hearing of the said Cause in the said Court of Chancery in Ireland, be produced at the Hearing of the said Appeal in this House; and that, for that Purpose, the said Court of Chancery do give Directions for delivering out the same to such Person, and upon such Terms, as that Court shall think fit.

Stillingfleet Enclosure Bill.

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

With a Bill, intituled, "An Act to confirm and establish an Agreement, for dividing and enclosing several Fields, Meadows, Pastures, Moors, and Greens, in the Lordship of Stillingfleet, in the County of York; and for settling certain Yearly Payments to the Impropriators of the Rectory, and to the Vicar of Stillingfleet aforesaid, in Lieu of the Great and Small Tithes belonging to the said Rectory and Vicarage;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Mason's Bill.

Ordered, That the Sitting of the Committee upon the Bill, intituled, "An Act for Sale of certain Messuages, Lands, and Hereditaments, in the County of Worcester, late the Estate of Thomas Mason, deceased, pursuant to an Agreement; and for applying the Money arising thereby for discharging Encumbrances affecting the same; and for other Purposes therein mentioned," which is appointed for To-morrow, be put off till this Day Sevennight.

Adjourn.

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

DIE Jovis, 16^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Houghton against Malone.

The Answer of Anthony Malone and Edmund Malone Two of the Respondents to the Appeal of Arthur Houghton Esquire, was brought in.

Hill & al. against Sir A. Grant.

As was also, the Answer of Sir Archibald Grant, to the Appeal of Edward Hill Esquire and others.

Stevenage to Bigleswade Road, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to continue and render more effectual Two Acts of Parliament, passed in the Sixth and Twelfth Years of the Reign of His late Majesty King George, for repairing the Roads from Stevenage in the County of Hertford, to Bigleswade in the County of Bedford; and for repairing the Roads from the North End of the said Roads to the Toll Gate at the North End of the said Town of Bigleswade," 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."

Leheup's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting divers Lands, Tenements, and Hereditaments, in the County of Cambridge, settled on the Marriage of Peter Leheup the Younger Esquire, in Trustees, to be sold and conveyed, pursuant to Articles; and for laying out the Purchase-money in another Estate, to be settled to the Uses of his Marriage Settlement."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Spicer and Mr. Edwards:

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

L. Middleton & al. Pet. referred to Judges.

Upon reading the Petition of Francis Lord Middleton Baron of Middleton in the County of Warwick, and of Robert Bird Gentleman, for himself and on the Behalf of his only Son, an Infant; praying Leave to bring in a Bill, for confirming an Exchange of certain Lands agreed upon by the Petitioners; and for other Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive 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.

Stillingfleet Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to confirm and establish an Agreement, for dividing and enclosing several Fields, Meadows, Pastures, Moors, and Greens in the Lordship of Stillingfleet, in the County of York; and for settling certain Yearly Payments to the Impropriators of the Rectory, and to the Vicar of Stillingfleet aforesaid, in Lieu of the Great and Small Tithes belonging to the said Rectory and Vicarage."

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

Their Lordships, or any Five of them; to meet on Friday the 24th Infant, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Killican to take the Name of Blackwell, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Samuel Blackwell, heretofore called Samuel Killican, and his Heirs, to take and use the Surname of Blackwell only, pursuant to the Will of Jonathan Blackwell, deceased, and to bear the like Arms which were borne by the said Jonathan Blackwell."

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

It was Resolved in the Affirmative.

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

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

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

Ready, to take the Name of Colston, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Alexander Ready Esquire and his Issue by Sophia his Wife (late Sophia Edwards) to take and use the Surname of Colston, pursuant to the Will of Edward Colston Esquire, deceased, and to bear the like Arms which were borne by the said Edward Colston."

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.

Moreau's Divorce Bill: Witnesses to attend.

Ordered, That Benjamin Doggett, John Guillam, and George Houstoun, do attend this House on Tuesday next, upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of David Moreau Esquire with Susannah Bent his now Wife; and to enable him to marry again; and for other Purposes therein mentioned," as Witnesses on the Behalf of the said Susannah.

Urquhart to enter into a Recognizance for Mrs. Grant.

The House being moved, "That George Urquhart may have Leave to enter into a Recognizance for Isabel Grant, on account of her Appeal depending in this House; she being in Scotland:"

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

Sir J. Dutton Colt & al. Pet. referred to Judges.

Upon reading the Petition of Sir John Dutton Colt Baronet and Dame Mary Colt his Wife, for themselves, and on the Behalf of their Four Children, who are all Infants, and of Mary Colt Widow, Mother of the said Sir John Dutton Colt, John Lacy Clerk, and Sophia Maria Lacy his Wife, Sister of the said Sir John Dutton Colt; praying Leave to bring in a Bill, for Sale of certain settled Estates, in the Counties of Hereford and Brecon, for discharging 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 Clive and Mr. Baron Legge; 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.

Sir A. Grant against Hill & al.: Cross Appeal.

Upon reading the Petition and Cross Appeal of Sir Archibald Grant of Monymusk Baronet; complaining of the Third and Sixth Articles or Propositions of an Interlocutor of the Lords of Session in Scotland, of the 25th of July 1752; and also of the Second, Third, and Fifth, Articles or Propositions of another Interlocutor of the said Lords, of the 11th of July 1754; and likewise of Two other Interlocutors of the said Lords, of the 26th of July and 19th of November 1754; and praying, That the same may be reversed, varied, or altered; and that the Appellant may have such other Relief in the Premises as this House shall think fit; and that Edward Hill Esquire and Catherine his Wife, Mary Burroughs Widow and sole Executrix of LieutenantColonel William Burroughs deceased, John Powlet Esquire and Frances his Wife, may be required to answer the said Appeal:"

It is Ordered, That the said Edward Hill and Catherine his Wife, Mary Burroughs, John Powlet Esquire and Frances his Wife, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 13th Day of February next; and Service of this Order upon any One of their Counsel or Agents before the Court of Session in Scotland shall be deemed good Service.

Bury to Stratton Road, Bill.

A Message was brought from the House of Commons, by Sir John Cust and others:

With a Bill, intituled, "An Act for repairing the Road from a certain Place in Bury, in the County of Huntingdon, through Warboys, Old Hurst, St. Ives, Hilton, Eltisley, Waresley, Gamlingay, and Potton, to a House called The Spread Eagle in Stratton, within the several Counties of Huntingdon, Cambridge, and Bedford;" to which they desire the Concurrence of this House.

Brinkman, to take the Name of Broadhead, Bill.

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

With a Bill, intituled, "An Act to enable Theodore Henry Brinkman Esquire to take and use the Surname of Broadhead, pursuant to the Will of Henry Broadhead Esquire, deceased;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

Message from H. C. to return Nussen's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Frederick Nussen;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Adjourn.

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

DIE Lunæ, 20^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Murray & al. against Thomson & al.

The Answer of Andrew Thomson, and other the Creditors of John Burnet late Merchant in Aberdeen, to the Appeal of James Murray Esquire, Receiver General of His Majesty's Customs in Scotland, and His Majesty's Advocate, was brought in.

Ready to take the Name of Colston, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Alexander Ready Esquire, and his Issue by Sophia his Wife, (late Sophia Edwards) to take and use the Surname of Colston, pursuant to the Will of Edward Colston Esquire, deceased, and to bear the like Arms which were borne by the said Edward Colston," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Stevenage to Bigleswade Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue and render more effectual Two Acts of Parliament, passed in the Sixth and Twelfth Years of the Reign of His late Majesty King George, for repairing the Roads from Stevenage in the County of Hertford, to Bigleswade in the County of Bedford; and for repairing the Roads from the North End of the said Roads to the Toll Gate at the North End of the said Town of Bigleswade."

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. Waple:

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

Sir Willoughby Aston & al. Petition for a Bill to enclose Breaston Cow Pasture, referred to Judges.

Upon reading the Petition of Sir Willoughby Aston Baronet, Lord of the Manor of Breaston, in the Parish of Wilne, in the County of Derby, James Shuttleworth Esquire, Lessee under the Prebendary of the Golden Prebend in the Cathedral Church of Lichfield, and Owner of all or the greatest Part of the Tithes arising within the Manor and Township of Breaston, Robert Carter, Lessee under the Trustees of the Free Grammar School of Burton upon Trent, Dorothy White Widow, Thomas Charlton Esquire, Thomas White Esquire, and of the several other Persons whose Names are thereunto subscribed, Owners and Proprietors of Cattle Gates, or Cow Commons, in Breaston Cow Pasture, within the Manor and Township of Breaston aforesaid; praying Leave to bring in a Bill, for enclosing and dividing the said Common Pasture Field called Breaston Cow Pasture, among the several Owners and Proprietors entitled to Right of Common within the same, in Proportion to their Number of Cow Commons, or Cattle Gates, respectively:

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

E. of Shelburn's Petition referred to Judges.

Upon reading the Petition of John Petty Earl of Shelburne in the Kingdom of Ireland; praying Leave to bring in a Bill, to enable the Petitioner, and the several Persons to whom the Estates of Henry late Earl of Shelburne stand limited in Remainder by his last Will respectively, when in Possession, to make and grant Leases thereof, in the Manner therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive 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.

Bury to Stratton Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road from a certain Place in Bury, in the County of Huntingdon, through Warboys, Old Hurst, Saint Ives, Hilton, Eltisley, Waresley, Gamlinggay, and Potton, to a House called The Spread Eagle, in Stratton, within the several Counties of Huntingdon, Cambridge, and Bedford."

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

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

Brinkman to take the Name of Broadhead, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Theodore Henry Brinkman Esquire to take and use the Surname of Broadhead, pursuant to the Will of Henry Broadhead Esquire, 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 Friday next, at the usual Time and Place; and to adjourn as they please.

Caldecot & al. Petition referred to Judges.

Upon reading the Petition of Gilbert Caldecot Esquire and Sarah Caldecot his Wife, Thomas Duncombe Esquire, Brother of the said Sarah Caldecot, and Coningsby Sibthorp Esquire; praying Leave to bring in a Bill, for raising Money, by Sale or Mortgage of Part of the settled Estate of the Petitioner Gilbert Caldecot, in the County of Lincoln, 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 Clive; 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.

Sir Peter Leicester's Petition, for a Bill to enlarge the Time for selling Sir John Byrne's Estate, referred to Judges.

Upon reading the Petition of Sir Peter Leicester of Nether Tabley in the County of Chester Baronet, the Eldest Son and Heir of Sir John Byrne Baronet, deceased, and Grandson and Heir of Sir Francis Leicester Baronet, also deceased; praying Leave to bring in a Bill, for enlarging the Time limited by an Act of Parliament passed in the 17th Year of the Reign of His present Majesty, for Sale of the Real Estate late of the said Sir John Byrne in the Kingdom of Ireland:

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 Bathurst; 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.

Moore & Ux. Pet. referred to Judges.

Upon reading the Petition of the Honourable Robert Moore Esquire and the Right Honourable Ann Lady D'Acre his Wife, on the Behalf of themselves and Charles Trevor Roper an Infant, Eldest Son and Heir of the Honourable Charles Roper Esquire, deceased; praying Leave to bring in a Bill, for Sale of the Manors of Sturry and Haugh, and the Rectory of Sturry, with the Appurtenances, and other Lands, in the County of Kent, under the Direction of the Court of Chancery, for the Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Legge 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.

Grimston Leave for a Bill to take the Name of Luckyn:

Upon reading the Petition of the Honourable Harbottle Grimston Esquire; praying Leave to bring in a Bill, to enable him and the Heirs of his Body to take and use the Surname; and bear the Family Arms, of Luckyn, pursuant to the Wills of Sir Harbottle Luckyn and Edward Luckyn, Esquire, deceased:

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

Bill read.

Whereupon the Earl of Warwick presented a Bill, intituled, "An Act to enable the Honourable Harbottle Grimston Esquire, and the Heirs of his Body, to take and use the Surname and Arms of Luckyn, pursuant to the Wills of Sir Harbottle Luckyn Baronet, and Edward Luckyn Esquire, deceased."

The said Bill was read the First Time.

His Majesty's Advocate against Urquhart.

A Petition of William Urquhart of Meldrum Esquire, Respondent to an Appeal of His Majesty's Advocate, which stands appointed for hearing, was presented, and read; setting forth, "That the Petitioner's Agent did not receive his Instructions to prepare the said Cause for hearing, on the Part of the Petitioner, till some Days after the same had been set down to be heard; whereby there is not Time sufficient for instructing the Counsel, and preparing for the Hearing of the said Cause, against Monday next, which is the Day appointed for hearing thereof;" and therefore praying, "That the said Hearing may be put off for Ten Days, or for such other Time as their Lordships shall think fit."

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 Wednesday the 5th Day of February next.

Roberts to take the Name of Coke, Bill.

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

With a Bill, intituled, "An Act to enable Wenman Coke, heretofore called Wenman Roberts Esquire, and his Issue Male, to take the Surname of Coke only, pursuant to the Direction of the Will of Sir Edward Coke Baronet, deceased; and that the said Wenman Coke and his Issue Male may bear the Arms of the said Sir Edward Coke;" 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 Martis, vicesimum primum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 21^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lewis against Impey and Fremantle.

The Answer of Michael Impey and John Fremantle Esquires, Two of the Respondents to the Appeal of Percival Lewis, was brought in.

D. of Leeds takes the Oaths.

Thomas Duke of Leeds took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Writs of Error;

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up Four Writs of Error:

In the First of which,

Pearse against Burch;

Thomas Pearse and William Stevens are Plaintiffs, and Anne Burch Widow is Defendant:

In the Second,

Bellamy against Burch;

William Bellamy is Plaintiff, and The said Anne Burch is Defendant:

In the Third,

and Faikney against Godfrey.

Joseph Faikney is Plaintiff, and Joseph Godfrey Esquire is Defendant:

In the Fourth,

The said Joseph Faikney is Plaintiff, and The said Joseph Godfrey is Defendant.

Mason's Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of certain Messuages, Lands, and Hereditaments, in the County of Worcester, late the Estate of Thomas Mason, deceased, pursuant to an Agreement; and for applying the Money arising thereby for discharging Encumbrances affecting the same; and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, 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."

Ordered, That the said Bill be engrossed.

Ready to take the Name of Colston, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Alexander Ready Esquire, and his Issue by Sophia his Wife (late Sophia Edwards) to take and use the Surname of Colston, pursuant to the Will of Edward Colston Esquire, deceased; and to bear the like Arms which were borne by the said Edward Colston."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Grimston to take the Name of Luckyn.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Honourable Harbottle Grimston Esquire, and the Heirs of his Body, to take and use the Surname and Arms of Luckyn, pursuant to the Wills of Sir Harbottle Luckyn Baronet, and Edward Luckyn Esquire, deceased."

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

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

Roberts to take the Name of Coke, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Wenman Coke, heretofore called Wenman Roberts Esquire, and his Issue Male, to take the Surname of Coke only, pursuant to the Direction of the Will of Sir Edward Coke Baronet, deceased; and that the said Wenman Coke and his Issue Male may bear the Arms of the said Sir Edward Coke."

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 usual Place; and to adjourn as they please.

Walter & al. Petition referred to Judges.

Upon reading the Petition of Edward Walter Esquire, Sir Nicholas Baily Baronet, for and on the Behalf of Edward Baily, Henry Baily, and Nicholas Baily, his Three Sons, who are Infants, Sir William Irby Baronet, on Behalf of his Two Sons who are Infants, and of Christian Walter Widow, for and on the Behalf of Ann Walter her Daughter and only Child, an Infant; praying Leave to bring in a Bill, for enabling the several Persons claiming under the Wills of Peter Walter Senior and Peter Walter Junior, Esquires, deceased, respectively, when in Possession of the Premises devised by the said Wills, to make such Leases thereof as therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Smythe 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.

Mrs. Moreau's Order for Money to make her Defence against the Bill of Divorce.

A Petition of Susanna the Wife of David Moreau Esquire, late Susanna Bent, was presented, and read; taking Notice of a Bill depending in this House, for dissolving the Marriage of the said David Moreau with the Petitioner; and to enable him to marry again; and for other Purposes therein mentioned; and praying, "In regard of her low Circumstances and Want of Money, that their Lordships would be pleased to direct the said David Moreau to pay to the Petitioner such Sum of Money, to fee Counsel and Solicitors, to make her Defence against the said Bill, as to their Lordships shall seem meet."

And thereupon an Entry in the Journal, of the 8th and 9th of March 1733, upon a Petition of Dame Lettice Rudd, of the like Nature, was read.

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

And being withdrawn:

Ordered, That the said David Moreau do forthwith pay to the said Susanna Twenty Pounds, to enable her to make her Defence against the said Bill.

Message from H. C. to return the Bill for Freston to take the Name of Serivener.

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

To return the Bill, intituled, "An Act to enable John Freston Esquire, and the Heirs of his Body, to take and use the Surname and Arms of Scrivener;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Moreau's Divorce Bill rejected.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of David Moreau Esquire with Susannah Bent his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel for and against the same:

Counsel on both Sides were accordingly called in.

And the said Bill was read a Second Time.

And Mr. Forrester, Counsel for the Bill, was heard, in order to make out the Allegations thereof; and called

Mary Wigmore; who, being sworn at the Bar, in order to prove the Marriage of the said David Moreau with the said Susanna;

Mr. Whitaker, Counsel for the said Susanna, admitted the Marriage in 1737.

Whereupon the said Witness was directed to withdraw.

Then Captain Joseph Feyrac was called in, and sworn; and examined, as to the Time of the said David Moreau's going to Minorca, and how long he continued there; and gave the House an Account, "That the said David Moreau came to Minorca in the Year 1739; and that he continued there in the Year 1745; when he, the Witness, went to Gibraltar, and did not return to Minorca till 1749; and that he found Mr. Moreau there upon his Return, and believes he was there all the Time between 1745 and 1749, except going once to Marseilles, where he did not stay long; that he received several Letters from him in that Time; and that he did not return to England till the Year 1749."

Cross examined by the Counsel against the Bill, as to Mr. Moreau's being reputed to be married; and as to his Circumstances when he was at Minorca, and having a considerable Fortune come to him since he left that Place; says, "It was generally understood, that he was a married Man; that, when he came first to Minorca, he carried Arms as a Volunteer, and was afterwards made an Ensign; that, since he left Minorca, he has had a considerable Fortune by the Death of his Mother, to the Amount of Ten Thousand Pounds, as he has heard."

He is directed to withdraw.

Then Anne Spackman was called in; and, being sworn, was examined as to the said Susanna's living in a Course of Adultery with George Smedley an Harness-maker; and gave an Account, "That she knew the said George Smedley and the said Susanna for Five or Six Years; and that they lived together as Man and Wife; and that she has often seen them in Bed together."

Cross examined by the Counsel against the Bill, as to Mr. Moreau's being reported to be dead; says, "That the said Susanna went by the Name of Smedley, and told her that her Husband, Mr. Moreau, was dead; that she had wrote him as many Letters as her Apron would hold, and never received any Answer; and that she had made Inquiry after him several Times at the War-office, and could hear nothing of him; and that it was reported he died about Two Years after he went Abroad; and that his Father and Mother went in Mourning for him."

She is directed to withdraw.

Then William Vachell was called in, and sworn; and produced a Copy of an Entry in the Register Book of the Parish of Saint Martin in the Fields, of Sarah Smedley, Daughter of George and Susanna, baptized in November 1742.

And having proved it to be a true Copy:

The same was read.

He withdrew.

And Isabel Brown was called; and, being sworn and examined, gave an Account of the said George Smedley and the said Susanna lodging at her House about Eleven or Twelve Years ago; and that they lived together as Man and Wife, and lay in the same Bed; that she had often seen them in Bed together; and that the said Susanna was delivered of a Daughter, called Sarah, while she lodged with her.

She is directed to withdraw.

And Neale Hewitt was called in, and sworn; and gave the like Account of their living together as Man and Wife.

And then he withdrew.

And Anne Denman was called in, and sworn; and gave the like Account of their living together as Man and Wife; and that she had often seen them in Bed together.

And then she withdrew.

And John Gibson was called in, and sworn; and gave the like Account of their living together at this Time, as Man and Wife, in Hart Street near Grosvenor Square.

And then he withdrew.

Then William Skelton was called in, and sworn; and produced the Original Definitive Sentence of Divorce, in the Consistory Court of the Bishop of London.

And the same was read.

And then he withdrew.

Then Mr. Whitaker was heard, against the Bill, on Behalf of the said Susanna; and called

Sarah Speed, Sister to the said Susanna; who, being sworn, was examined, as to the Condition in which the said David Moreau left the said Susanna when he went Abroad; and gave an Account, "That he left her in very great Distress, with a Child; and that her Mother took Care of the Child as long as she lived; and that her Sister went to Service, and was in Service about Five Years; and that she wrote several Letters to Mr. Moreau, but never received any Answer from him; and that it was reported he was dead; and his Father went in Mourning for him."

And then she withdrew.

And Hannah Bent, another Sister of the said Susanna, was called in; and gave the like Account of the Distress in which the said Susanna was left, by the said David Moreau.

And then she withdrew.

And Benjamin Doggett was called in, and sworn; and examined as to the Condition the said Susanna was left in.

And then he withdrew.

Then, in order to prove that the Definitive Sentence of Divorce in the Ecclesiastical Court was obtained by Collusion between the Parties, certain Articles of Agreement, entered into between the said George Smedley, the said Susanna, and Ester Moreau, Mother of the said David Moreau, were produced, with an Endorsement on the Back of the said Articles, signed by the said David Moreau, ratifying and confirming the same on his Part.

And William Tyrell, One of the subscribing Witnesses to the said Articles, was called in; and, being sworn at the Bar, proved the Execution of the said Articles, by the said George Smedley, the said Susanna, and the said Ester Moreau.

And then he withdrew.

And John Guillum, One of the subscribing Witnesses to the Endorsement, was called in; and, being sworn at the Bar, proved the said David Moreau's signing the said Endorsement.

And then he withdrew.

And the said Articles of Agreement, bearing Date the 3d Day of May 1749, and the said Endorsement signed by the said David Moreau, dated the 23d Day of April 1750, were read.

And Mr. Forrester, Counsel for the Bill, having been heard in Reply:

The Counsel were directed to withdraw.

And it being moved, "That the said Bill be rejected:"

The same was agreed to.

Accordingly, Ordered, That the said Bill be rejected.

Adjourn.

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

DIE Mercurii, 22^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

George Earl of Aberdeen and Richard Lord Viscount Say and Sele took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Mason's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of certain Messuages, Lands, and Hereditaments, in the County of Worcester, late the Estate of Thomas Mason, deceased, pursuant to an Agreement; and for applying the Money arising thereby for discharging Encumbrances affecting the same; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Bury to Stratton, Road, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road from a certain Place in Bury, in the County of Huntingdon, through Warboys, Old Hurst, St. Ives, Hilton, Eltisley, Waresley, Gamlingay, and Potton, to a House called The Spread Eagle in Stratton, within the several Counties of Huntingdon, Cambridge, and Bedford," 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."

Brancaster Commons, Enclosure of, Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Field and Brecks, in the Manor and Parish of Brancaster, in the County of Norfolk; and for extinguishing the several Rights of Common and Sheep-walk over the said Field and Brecks, and over certain Half-year Closes and Pieces of Common, in the said Manor and Parish; and for granting another Right of Common to the Owners of certain Dwelling-houses in the Manor and Parish aforesaid," 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."

Swanton Common, Bill.

Ordered, That the Sitting of the Committee upon the Bill, intituled, "An Act for dividing and enclosing the Common Fields, and certain Lands lying dispersed in the Half-year Closes, belonging to the Manor of Swanton with Worthing, within the Parishes of Swanton Morley, and Worthing, in the County of Norfolk; and for extinguishing the several Rights of Common and Sheep-walk over the said Fields and Half-year Closes, and over certain Lands called The Brecks, lying within the said Manor and Parishes," which is appointed for To-morrow, be put off till Friday next.

Morgan's Divorce, Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act for dissolving the Marriage of Richard Morgan Esquire with Anne Hall, his now Wife; and to enable him to marry again; and for other Purposes therein mentioned," and hearing of Counsel for and against the same, which stands appointed for To-morrow, be put off till Wednesday next, the 29th Instant.

Murray & al. against Thomson & al.

The House being moved, "That Friday the 31st Day of this Instant January may be appointed, for hearing the Cause wherein James Murray Esquire and His Majesty's Advocate for Scotland are Appellants, and Andrew Thomson Advocate in Aberdeen and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 31st Day of this Instant January, as desired.

Orphans Fund, Accompt delivered.

The House being informed, "That the Chamberlain of the City of London attended:"

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

"An Accompt of the Surplus of the Fund for Relief of the Orphans and other Creditors of the City of London, on the 5th Day of July 1754."

And then he withdrew.

And the Title thereof being read, by the Clerk:

Ordered, That the said Accompt do lie upon the Table.

His Majesty's Advocate to amend his Appeal against Grant.

A Petition of His Majesty's Advocate for Scotland, Appellant in an Appeal depending in this House, to which William Urquhart Esquire is Respondent, was presented, and read; praying Leave to amend his Appeal, by making several Persons Parties thereto, who were Parties in the Cause below.

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 amend the said Appeal, by making the Heretors of the Parish of Cromarty, and the Members of the Presbytery of Chanonry, who were Defendants in the Court below, Joint Appellants with him in the said Appeal.

Adjourn.

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

DIE Veneris, 24^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Lauderdale takes the Oaths.

James Earl of Lauderdale took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Stillingfleet Enclosure, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act to confirm and establish an Agreement, for dividing and enclosing several Fields, Meadows, Pastures, Moors, and Greens, in the Lordship of Stilling fleet, in the County of York; and for settling certain Yearly Payments to the Impropriators of the Rectory, and to the Vicar of Stillingfleet aforesaid, in Lieu of the Great and Small Tithes belonging to the said Rectory and Vicarage," 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."

Swanton Common, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields, and certain Lands lying dispersed in the Half-year Closes, belonging to the Manor of Swanton with Worthing, within the Parishes of Swanton Morley, and Worthing, in the County of Norfolk; and for extinguishing the several Rights of Common and Sheep-walk over the said Fields and Half-year Closes, and over certain Lands called The Brecks, lying within the said Manor and Parishes," 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 Satifaction 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."

Brinkman to take the Name of Broadhead, Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Theodore Henry Brinkman Esquire to take and use the Surname of Broadhead, pursuant to the Will of Henry Broadhead Esquire, 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."

Brancaster Common, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Field and Brecks in the Manor and Parish of Brancaster, in the County of Norfolk; and for extinguishing the several Rights of Common and Sheep-walk over the said Field and Brecks, and over certain Half-year Closes and Pieces of Common, in the said Manor and Parish; and for granting another Right of Common to the Owners of certain Dwelling-houses in the Manor and Parish aforesaid."

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

It was Resolved in the Affirmative.

Bury, to Stratton, Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road from a certain Place in Bury, in the County of Huntingdon, through Warboys, Old Hurst, Saint Ives, Hilton, Eltisley, Waresley, Gamlingay, and Potton, to a House called The Spread Eagle, in Stratton, within the several Counties of Huntingdon, Cambridge, and Bedford."

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.

And Message were sent to the House of Commons, by Mr. Bennet and Mr. Harris:

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

Blewitt, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Edmond Blewitt Esquire and Mary Blewitt Widow; 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 rectifying and supplying a Mistake and Omission in a Settlement made of the Estate of Mary Blewitt Widow, on the Marriage of Edmond Blewitt her Eldest Son; and for settling the said Estate on his Issue Male; and for raising Portions for his Younger Brothers."

St. John and the Principal of Magdalen Hall, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Ellis St. John Clerk and of the Principal of Saint Mary Magdalen Hall in the University of Oxford, 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 confirming and establishing an Agreement, between the Principal of Saint Mary Magdalen Hall in the University of Oxford, and Ellis St. John Clerk, for exchanging the Advowson of the Church of South Moreton, in the County of Berks, for the alternate Presentation of the Church of Finchamstead, in the said County."

Adjourn.

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

DIE Lunæ, 27^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Beaufort takes the Oaths.

Charles Duke of Beaufort took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration pursuant to the Statutes.

African Company, Proceedings of Commissioners delivered.

The House being informed, "That the Commissioners appointed by an Act of Parliament of the 25th Year of His present Majesty, intituled, "An Act for the Application of a Sum of Money therein mentioned, granted to His Majesty, for making Compensation and Satisfaction to the Royal African Company of England, for their Charter Lands, Forts, Castles, Slaves, Military Stores, and all other their Effects whatsoever; and to vest the Lands, Forts, Castles, Slaves, and Military Stores, and all other their Effects, in the Committee of Merchants trading to Africa; and for other Purposes in the Act mentioned," attended:"

They were called in; and delivered, at the Bar, an Account of their Proceedings under the said Act.

And then they were directed to withdraw.

And the Title thereof being read by the Clerk:

Ordered, That the said Account do lie upon the Table.

Stillingfleet Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to confirm and establish an Agreement, for dividing and enclosing several Fields, Meadows, Pastures, Moors, and Greens, in the Lordships of Stillingfleet, in the County of York; and for settling certain Yearly Payments to the Impropriators of the Rectory, and to the Vicar of Stillingfleet aforesaid, in Lieu of the Great and Small Tithes belonging to the said Rectory and Vicarage."

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

It was Resolved in the Affirmative.

Swanton Common, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, and certain Lands lying dispersed in the Half-year Closes, belonging to the Manor of Swanton with Worthing, within the Parishes of Swanton, Morley, and Worthing, in the County of Norfolk; and for extinguishing the several Rights of Common and Sheep-walk over the said Fields and Half-year Closes, and over certain Lands called The Brecks, lying within the said Manor and Parishes."

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

It was Resolved in the Affirmative.

Brinkman to take the Name of Broadhead, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Theodore Henry Brinkman Esquire to take and use the Surname of Broadhead, pursuant to the Will of Henry Broadhead Esquire, deceased."

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.

And Messages were severally ordered to be sent to the House of Commons:

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

Setler & al. Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Otto Ewald Setler and Albert Mahlstede;" to which they desire the Concurrence of this House.

Lowndes to take the Name and Arms of Stone, Bill.

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

With a Bill, intituled, "An Act to enable William Lowndes Stone Esquire, lately called William Lowndes the Younger Esquire, and Catherine his Wife, and others therein named, to take and use the Surname and bear the Arms of Stone, pursuant to the Will of Francis Lowe Esquire, deceased;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

St. John and the Principal of Magdalen Hall, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and establishing an Agreement, between the Principal of Saint Mary Magdalen Hall in the University of Oxford, and Ellis St. John Clerk, for exchanging the Advowson of the Church of South Moreton, in the County of Berks, for the alternate Presentation of the Church of Finchamstead, in the said County."

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

Their Lordships, or any Five of them; to meet on Tuesday the 11th Day of February next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Ibbetson, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Henry Ibbetson 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 selling Part of the entailed Estate of Sir Henry Ibbetson Baronet, and vesting other Part thereof in him in Fee Simple; and for laying out the Money arising by such Sale in the Purchase of other Lands, to be settled, together with some other Lands whereof he is seised in Fee, in Lieu of the Lands so to be sold; and for other Purposes therein mentioned."

Governors of Christ's Hospital & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Governors of Christ's Hospital 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 exchanging of Lands, between the Mayor and Commonalty and Citizens of the City of London, Governors of Christ's Hospital, and John Leman Esquire."

Murray and His Majesty's Advocate against Thomson & al.

A Petition of Andrew Thomson Advocate in Aberdeen, and the other Creditors of John Burnet late Merchant in Aberdeen, Respondents to an Appeal wherein James Murray Esquire and His Majesty's Advocate are Appellants, which stands for hearing on Friday next the 31st Instant, was presented, and read; setting forth, "That they have not been able to prepare, and transmit from Scotland, the several Writings necessary to be laid before their Counsel in this Cause;" and therefore praying, "That their Lordships would be pleased to indulge them with some further Time, to transmit the necessary Writings, and prepare their Counsel for the said Hearing."

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 Friday the 14th Day of February next.

Houghton against West & al.

The House being moved, "That Wednesday the 19th Day of February next may be appointed, for hearing the Cause wherein Arthur Houghton Esquire is Appellant, and Anne West and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 19th Day of Febrauary next, as desired.

Blewitt's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for rectifying and supplying a Mistake and Omission in a Settlement made of the Estate of Mary Blewitt Widow, on the Marriage of Edmond Blewitt her Eldest Son; and for settling the said Estate on his Issue Male; and for raising Portions for his Younger Brothers."

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 the 11th Day of February next, at the usual Time and Place; and to adjourn as they please.

Adjourn.

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

DIE Martis, 28^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Spelman's Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for rectifying and supplying several Defects and Omissions in certain Common Recoveries, suffered by Edward Spelman Esquire," 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."

Ordered, That the said Bill be engrossed.

Message from H. C. to return Mortuaries Chester Bill.

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

To return the Bill, intituled, "An Act for taking away Mortuaries in the Archdeaconry of Chester, and giving a Recompense therefor to the Bishop of Chester, as Archdeacon of Chester, who holds and enjoys the said Archdeaconry in Right of his See;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Grimston to take the Name of Luckyn; Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Honourable Harbottle Grimston Esquire, and the Heirs of his Body, to take and use the Surname and Arms of Luckyn, pursuant to the Will of Sir Harbottle Luckyn Baronet and Edward Luckyn Esquire, deceased," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Roberts to take the Name of Coke, Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Wenman Coke, heretofore called Wenman Roberts Esquire, and his Issue Male, to take the Surname of Coke only, pursuant to the Direction of the Will of Sir Edward Coke Baronet, deceased; and that the said Wenman Coke and his Issue Male may bear the Arms of the said Sir Edward Coke," 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."

Clerke, Leave to exhibit a Petition for a Private Bill:

A Petition of Francis Clerke of North Weston, in the County of Oxford, Esquire, was presented, and read; setting forth, "That he intended to apply to this House, for Leave to bring in a Bill, for Sale of his Estate in the said County of Oxford, for discharging Debts and Encumbrances; and that a Doubt having arisen touching the Title to the said Estate, for Want of a Settlement which is lost or mislaid, the Petitioner, in searching for the same, has been prevented from presenting his Petition, for Leave to bring in such Bill, within the Time limited by Order of this House for receiving Petitions for Private Bills; and therefore praying Leave to exhibit his Petition, notwithstanding the Time so limited by the said Order is expired."

Ordered, That the Petitioner have Leave to exhibit his Petition, as desired.

Accordingly,

Petition referred to Judges.

A Petition of the said Francis Glerke and Susanna Elizabeth Clerke his Wife, in Behalf of themselves and Francis Clerke, William Henry Clerke, Diana Susanna Clerke, and Susanna Clerke, their Infant Children, and of Henry Ashurst Esquire, was presented, and read; praying Leave to bring in a Bill, for Sale of certain Estates, in the County of Oxford, for discharging Debts and Encumbrances; and for other Purposes therein mentioned.

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 Clive; 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.

Ibbetson's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for selling Part of the entailed Estate of Sir Henry Ibbetson Baronet, and vesting other Part thereof in him in Fee Simple, and for laying out the Money arising by such Sale in the Purchase of other Lands, to be settled, together with some other Lands whereof he is seised in Fee, in Lieu of the Lands so to be sold; 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 Thirteenth Day of February next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Christ's Hospital, Exchange of Lands, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for exchanging of Lands, between the Mayor and Commonalty and Citizens of the City of London, Governors of Christ's Hospital, and John Leman Esquire."

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 Twelfth Day of February next, at the usual Time and Place; and to adjourn as they please.

Lowndes to take the Name of Stone, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable William Lowndes Stone Esquire, lately called William Lowndes the Younger Esquire, and Catherine his Wife, and others therein named, to take and use the Surname and bear the Arms of Stone, pursuant to the Will of Francis Lowe Esquire, 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 Friday next, at the usual Time and Place; and to adjourn as they please.

Setler & al. Nat. Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Otto Ewald Setler and Albert Mahlstede."

Heinzelmann's Petition, to be added to it.

Upon reading the Petition of John Conrad Heinzelmann; praying, "That his Name may be added to the said Bill:"

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

The said John Conrad Heinzelmann took the Oaths, in order to his Naturalization.

Morgan's Divorce, Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act for dissolving the Marriage of Richard Morgan Esquire with Anne Hall, his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and hearing of Counsel for and against the same, which stands appointed for To-morrow, be put off till Friday next.

Adjourn.

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

DIE Jovis, 30^o Januarii.

Domini Spirituales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by virtue of a former Commission.

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.

Dudleius Ryder Miles, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, tricesimum primum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 31^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thanks to the Bp. of Chichester, for his Sermon.

Ordered, That the Thanks of this House be given to the Lord Bishop of Chichester, for the Sermon by him preached before this House Yesterday, in the Abbey Church, Westminster; and that he be desired to print and publish the same.

Lowndes to take the Name of Stone, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable William Lowndes Stone Esquire, lately called William Lowndes the Younger Esquire and Catherine his Wife, and others therein named, to take and use the Surname and bear the Arms of Stone, pursuant to the Will of Francis Lowe Esquire, 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."

Spelman's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for rectifying and supplying several Defects and Omissions in certain Common Recoveries, suffered by Edward Spelman Esquire."

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

It was Resolved in the Affirmative.

Grimston to take the Name of Luckyn, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Honourable Harbottle Grimston Esquire, and the Heirs of his Body, to take and use the Surname and Arms of Luckyn, pursuant to the Wills of Sir Harbottle Luckyn Baronet, and Edward Luckyn Esquire, deceased."

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

It was Resolved in the Affirmative.

Messages to H. C. with the Two preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Edwards and Mr. Montague:

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

Bramston, Leave to petition for a Private Bill.

A Petition of Edmund Bramston of Hall Place in the County of Southampton Esquire, was presented, and read; setting forth, "That he intended to apply to this House, for Leave to bring in a Bill, for raising Money upon Part of his settled Estate, for discharging a Portion charged thereupon prior to the Settlement, and other Purposes; but that, some of the Parties interested living at a great Distance from Town, the Petition could not be got signed and returned within the Time limited by Order of this House for receiving Petitions for Private Bills;" and praying, In regard it would tend greatly to the Petitioner's Prejudice should the same go over to the next Session, that he may have Leave to exhihit his said Petition, notwithstanding the Time limited by the said Order is expired:"

Ordered, That the Petitioner have Leave to exhibit his Petition, as desired.

Petition referred to Judges.

Accordingly, a Petition of the said Edmund Bramston and Henrietta Maria Bramston his Wife, and William Beach Esquire and Ann his Wife, was presented, and read; praying Leave to bring in a Bill, for vesting Part of the Petitioner's settled Estates in Trustees, for raising certain Sums of Money, to be applied in the Manner, and upon the Trusts, therein mentioned.

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 Bathurst; 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.

Lambard, Leave for a Bill to sell a Message to Lady Jane Cooke:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Lambard Esquire and Grace his Wife; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting a Copyhold Messuage or Tenement in the County of Middlesex, with the Appurtenances, devised by the Will of Mary late Dutchess of Northumberland, in Trustees, to enable them to sell and convey the same to the Lady Jane Coke, pursuant to an Agreement for that Purpose; and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses appointed by the said Will."

Roberts to take the Name of Coke, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Wenman Coke, heretofore called Wenman Roberts Esquire, and his Issue Male, to take the Surname of Coke only, pursuant to the Direction of the Will of Sir Edward Coke Baronet, deceased; and that the said Wenman Coke and his Issue Male may bear the Arms of the said Sir Edward Coke."

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

It was Resolved in the Affirmative.

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

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

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

Montagu House for the British Museam; Sir Edw. Montague and others, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Edward Montagu 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 Montagu House in Trustees and their Heirs, freed and discharged from all the Estates, Uses, and Agreements, to which it at present stands limited and appointed, upon Trust, to convey the same to the Trustees of The British Museum, for a general Repository; and upon such other Trusts as therein (fn. 1) are mentioned."

Message from H. C. to return Leheup's Bill.

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

To return the Bill, intituled, "An Act for vesting divers Lands, Tenements, and Hereditaments, in the County of Cambridge, settled on the Marriage of Peter Leheup the Younger Esquire, in Trustees, to be sold and conveyed pursuant to Articles; and for laying out the Purchase-money in another Estate, to be settled to the Uses of his Marriage Settlement;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Report of Commissioners of Greenwich Hospital delivered.

The House being informed, "That Mr. Horne, 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 of December 1753, and 30th of November 1754; and of their Proceedings in carrying on the Building."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

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

Pearse & al. against Burch.

Upon reading the Petition of Anne Burch Widow, Defendant in a Writ of Error depending in this House, wherein Thomas Pearse and William Stevens are Plaintiffs; praying, "In regard the Plaintiffs have not assigned Errors within the Time limited by the Standing Order of this House for that Purpose; that the same may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

Writ of Error Non pros'd.

It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House: And further, That the Plaintiffs in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for her Costs by reason of the Delay of the Execution of the said Judgement.

Bellamy against Burch:

Upon reading the Petition of the said Anne Burch, Defendant in a Writ of Error depending in this House, wherein William Bellamy is Plaintiff; praying, "In regard the Plaintiff hath not assigned Errors within the Time limited by the Standing Order of this House for that Purpose; that the same may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

Writ of Error Non pros'd.

It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House: And further, That the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for her Costs by reason of the Delay of the Execution of the said Judgement.

Faikney against Godfrey:

Upon reading the Petition of Joseph Godfrey Esquire, Defendant in a Writ of Error depending in this House, wherein Joseph Faikney is Plaintiff; praying, "In regard the Plaintiff hath not assigned Errors within the Time limited by the Standing Order of this House for that Purpose; that the same may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

Two Writs of Error Non pros'd.

It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House: And further, That the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Cousts by reason of the Delay of the Execution of the said Judgement.

Upon reading the Petition of the said Joseph Godfrey, Defendant in another Writ of Error depending in this House, wherein the said Joseph Faikney is Plaintiff; praying, "In regard the Plaintiff hath not assigned Errors within the Time limited by the Standing Order of this House for that Purpose; that the same may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House: And further, That the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Morgan's Divorce, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act for dissolving the Marriage of Richard Morgan Esquire with Anne Hall his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing of Counsel for and against the same:

Ordered, That the Second Reading of the said Bill, and hearing of Counsel for and against the same, be put off till Thursday the Thirteenth Day of February next.

Adjourn.

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