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

April 1751, 21-30

DIE Lunæ, 22^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

L Dalmenie Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Primrose Esquire, commonly called Lord Dalmenie, to secure a Jointure to Mary Countess of Roseberry his Mother, and make Provisions for his Brother and Sister, out of the entailed Fstate late of Sir Archibald Primrose Knight, deceased."

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 Burroughs and Mr Holford

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

Bucks, &c Road, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, for repairing the Road from Wendover to the Town of Buckingham, in the County of Bucks, and also for repairing and widening the Road leading from the West End of the said Town of Wendover to the End of a Lane called Oak Lanc, next the Great Road called The Oxford Road, lying between the Town of Beconsfield in the said County of Bucks, and Uxbridge in the County of Middlesex, and that Part of the said Great Road which leads from the West End of the said Town of Beconsfield to the River Colne, near Uxbridge aforesaid.'

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.

Count Neale's Nat Bill.

Count Stephanus Laurentius Neale took the Oaths appointed, in order to his Naturalization.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Count Stephanus Laurentius Neale"

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

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

Moir against Montgomery & al.

After hearing Counsel in Part upon the Petition and Appeal of George Montgomery Moir of Leekie, com plaining of Two Interlocutors of the Commissaries of Edinburgh and Lords of Session in Scotland, to which Mrs Ann Montgomery and others are Respondents.

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

Adjourn.

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

DIE Martis, 23^o Aprilie.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Richmond Road, Yorkshire, Bill.

A Message was brought from the House of Commons, by Sir Coniers D'arcy Comptroller of His Majesty's Household and others. (fn. 1)

With a Bill, intituled, "An Act for repairing the Road leading from the East End of Brumpton HighLane, in the County of York, to the Town of Richmond, and from thence, to and through the Towns of Askrigg and Ingleton, in the said County, to the Town of Lancaster," to which they desire the Concurrence of this House.

Mercers Company Annuitants, Bill.

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

With a Bill, intituled, "An Act for explaining and amending an Act passed in the Twenty first Year of the Reign of His present Majesty, intituled, An Act for the Relief of the Annuitants of the Wardens and Commonalty of the Mystery of Mercers of the City of London, and for other Purposes therein mentioned," to which they desire the Concurrence of this House.

The last mentioned Bill was read the First Time.

Bulstrode Protection, to attend his Bill depending in this House.

Upon reading the Petition of Edward Bulstrode Esquire, setting forth, "That a Bill, intituled, "An Act for confirming a Partition of the Estate of George Gardner Esquire, deceased, and for settling and disposing of Lands belonging to Edward Bulstrode Esquire, upon the said Partition, for discharging Encumbrances, and for a Provision for himself, his Wife and Children, pursuant to his Marriage Settlement," is depending before this House, and the Petitioner is apprehensive of being arrested by some of his Creditors, the Fear of which will prove a Hinderance to him in prosecuting the said Bill," and praying Protection during the Dependance thereof.

It is Ordered, That the Petitioner have the Protection of this House, as desired, during the Dependance of the said Bill.

Moir against Montgomery & al.

After hearing Counsel further, in the Cause wherein George Montgomery Moir of Leckie is Appellant, and Mrs. Ann Montgomery and others are Respondents.

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

Causes put off.

Ordered, That the Cause wherein James Drummond is Appellant, and His Majesty's Advocate for Scotland Respondent, which stands for To-morrow, be put off to Monday next, and the Judges then to attend.

And the Cause wherein His Majesty's Advocate for Scotland is Appellant, and John Gordon Esquire Respondent, & è contra, which stands for Friday next, be put off to the Thursday following, and the Judges then likewise to attend.

And the other Cause, wherein Consianline Phipps Esquire is Appellant, and the Earl of Anglesey and others are Respondents, which stands for Monday next, be put off to that Day Sevennight.

Small Debts in Lincoln, Recovery of, Bill.

Whereas this Day is appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for the more speedy and easy Recovery of small Debts, within the City of Lincoln, and County of the same City, and the Liberties and Precincts thereof, and within the Bail of Lincoln, in the County of Lincoln"

It is Ordered, That this House be put into a Committee thereupon on Thursday next.

Count Neale's Nat Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Count Stephenus Laurentius Neale," 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.

Adjourn.

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

DIE Mercurii, 24^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

E of Orford takes his Sear.

George Earl of Orford sat first in Parliament, after the Death of his Father Robert Earl of Orford; having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Bulstrode's Bill.

The Lord Ward reported from the Lords Committees to whom the Bill, intituled, "An Act for con firming a Partition of the Estate late of George Gardner Esquire, deceased, and for settling and disposing of Lands belonging to Edward Bulstrode Esquire, upon the said Partition, for discharging Fncumbrances, and for a Provision for himself, and his Wife and Children, pursuant to 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, and that the Committee had gone through the Bill, and made some Amendments thereunto"

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

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

Message from H C to return Jekyll's Bill.

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

To return the Bill, intituled, "An Act for vesting the undivided Twelfth Part of John Jekyll, an Infant, in the Real Estate of Sir Joseph Jekyll Knight, deceased, in Trustees, to be sold, for the Purposes therem mentioned," and to acquaint this House, that they have agreed to the same, without any Amendment.

Nat. River navigable, Bill.

A Message was brought from the House of Commons, by Colonel Townshend and others.

With a Bill, intituled, "An Act for making the River Nar navigable, from the Town and Port of King's Lynn to Westacre, in the County of Norfolk," to which they desire the Concurrence of this House.

Welton Common, enclosing Bill.

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

With a Bill, intituled, "An Act to confirm and establish an Agreement, for enclosing and dividing several Lards and Grounds in the Parish of Welton, in the County of York, and for settling a Yearly Sum on the Vicar, in Lieu of Tithes, and for other Purposes therein mentioned," to which they desire the Concurrence of this House.

Yatton Commons, enclosing, Bill.

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

With a Bill, intituled, "An Act for confirming Articles of Agreement, for enclosing and dividing certain Commons and Waste Grounds, in the Parish of Yatton, in the County of Somerset," to which they desire the Concurrence of this House.

Moir against Montgomery & al.

After hearing Counsel, as well on Monday last as Yesterday and this Day, upon the amended Petition and Appeal of George Montgomery Moir of Leckie, complaining of an Interlocutor of the Commissaries of Edinburgh, of the 9th of January 1740/50, and also of an Interlocutor of the Lords of Session, of the 7th of December 1750; whereby they refused the Appellant's Bill of Advocation Simpliciter, made on the Behalf of Mrs Ann Montgomery, Daughter of Alexander Montgomery of Asyloas, deceased, and Wise of the said George Montgomery Moir, and praying, "That the said Interlocutors might be reversed, and such other Relief given to the Appellant as to this House should seem just, by assirming the Interlocutor of the said Lords of Session, of the 8th of June 1750, or otherways" As also upon the Answer of the said Ann Montgomery, and of Alexander and Archibald Stevensons, conjunct Procurators Fiscal of the Commissanot of Edinburgh, for then Interests, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause.

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors, of the 9th of January 1749/50, and 7th of December 1750, be, and the same are hereby, reversed And it is hereby further Ordered and Adjudged, That the said Interlocutor, of the 8th of June 1750, be, and the same is hereby, affirmed.

Richmond Road, Yorkshire, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from the East End of Brumpton High Lane, in the County of York, to the Town of Richmond, and from thence, to and through the Towns of Askrigg and Ingleton, in the said County, to the Town of Lancaster, in the County of Lancaster"

Mercers Company Annuitants, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for explaining and amending an Act passed in the Twenty-first Year of the Reign of His present Majesty, intituled, An Act for the Relief of the Annuitants of the Wardens and Commonalty of the Mystery of Mercers of the City of London; and for other Purposes therein mentioned"

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

Adjourn.

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

DIE Jovis, 25^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

River Ribble Bridge, Bill.

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

With a Bill, intituled, "An Act for building a Bridge over the River Ribble, between the Townships of Preston and Penwortham, near a Place called The Fish-house, in the County of Lancaster," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Cantillon & al Leave for a Bill, to settle Newland's Estates.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Philip Cantillon Merchant and others, praying Leave to bring in a Private Bill.

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Estates late of William Newland Esquire, deceased, in Gatton, Rygate, and Meastham, in the County of Surry, for discharging Encumbrances."

Count Neale's Nat Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Count Stephanus Laurentius Neale"

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 Sawyer and Mr Montagu

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

Richmond Road, Yorkshire, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from the East End of Brumpton High Lane, in the County of York, to the Town of Richmond, and from thence, to and through the Town of Askrigg and Ingleton, in the said County, to the Town of Lancaster, in the County of Lancaster"

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

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

Welton Common enclosing Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to confirm and establish an Agreement, for enclosing and dividing several Lands and Grounds, in the Parish of Welton, in the County of York, and for settling a Yearly Sum on the Vicar, in Lieu of Tithes, and other Purposes therein mentioned"

Yatton Commons enclosing, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming Articles of Agreement, for enclosing and dividing certain Commons and Waste Grounds, in the Parish of Yatton, in the County of Somerset"

Nar River navigable, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making the River Nar navigable, from the Town and Port of King's Lynn to Westocre, in the County of Norfolk."

Small Debts in Lincoln, Recovery of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more speedy and easy Recovery of small Debts, within the City of Lincoln and County of the same City, and the Liberties and Precincts thereof, and within the Bail of Lincoln, in the County of Lincoln"

After some Time, the House was refumed.

And the Lord Monson reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment"

The Earl of Marchmont made the like Report from the Committee of the whole House to whom the Bill, intituled, "An Act for explaining and amending an Act passed in the Twenty-first Year of the Reign of His present Majesty, intituled, An Act for the Relief of the Annuitants of the Wardens and Commonalty of the Mystery of Mercers of the City of London, and for other Purposes therein mentioned," was committed.

Adjourn.

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

DIE Veneris, 26^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Message from H C to return the E of Egmont's Bill.

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

To return the Bill, intituled, "An Act for vesting divers Lands, Tenements, and Hereditaments, in the County of Corke, in the Kingdom of Ireland, comprized in the Marriage Settlement of John Earl of Egmont, in him and his Heirs, discharged of the Uses of that Settlement, and for settling other Lands and Hereditaments in the said County, of greater Value, in Lieu thereof, to the same Uses," and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Richmond Road, Yorkshire, Bill.

The Earl of Findlater reported from the Lords Com mittees to whom the Bill, intituled, "An Act for repairing the Road leading from the East End of Brumpton High Lane, in the County of York, to the Town of Richmond, and from thence, to and through the Towns of Askrigg and Ingleton, in the said County, to the Town of Lancaster, in the County of Lancaster," 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."

Moyle's Bill.

The same Earl reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting a Messuage and Lands in Suffolk, Part of the settled Estate of Thomas Moyle Esquire, in Trustees, in Trust to sell the same, pursuant to an Agreement for that Purpose, and for applying the Money arising by such Sale towards the Purchase of another Estate, of greater Value, to be settled to the like Uses," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents, and that the Committee had gone through the Bill, and made some Amendments thereunto"

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

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

Bulstrode's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming a Partition of the Estate late of George Gardner Esquire, deceased, and for settling and disposing of the Lands belonging to Edward Bulstrode Esquire, upon the said Partition, for discharging Encumbrances, and for a Provision for himself and his Wife and Children, pursuant to his Marriage Settlement"

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 Holford

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

River Nar navigable, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making the River Nar navigable, from the Town and Port of King's Lyan, to Westacre, in the County of Norfolk."

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

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

Welton Common enclosing, Bill.

The Duke of Newcastle acquainted the House, "That His Majesty having been apprized of the Contents of the Bill, intituled, "An Act to confirm and establish an Agreement, for enclosing and dividing several Lands and Grounds in the Parish of Welton, in the County of York, and for settling a Yearly Sum on the Vicar, in Lieu of Tithes, and other Purposes therein mentioned," was graciously pleased to consent, so far as the Interest of the Crown was concerned, that their Lordships might proceed thereupon as they should think sit"

Then the said Bill was read a Second Time.

Ordered, That the same be committed to the Consideration of the Lords Committees aforenamed.

Their Lordships, or any Five of them, to meet on the same Day, at the same Place, and to adjourn as they please.

The House called.

The House (pursuant to the Order of the 19th Instant) was called over, and divers Lords being absent, their Names were again called over.

Message from His Majesty concerning the Session.

The Duke of Newcastle acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had commanded him to deliver to this House"

And the same was read by the Lord Chancellor, and is as follows, (videlicet,)

"GEORGE R.

"His Majesty, having it entirely at Heart to secure the future Welfare and Happiness of His People, has maturely considered, that nothing can conduce so much (under the Protection of the Divine Providence) to the Preservation of the Protestant Succession in His Royal Family, and the Support of the Religion, Laws, and Liberties, of these Kingdoms (which has been always most dear to Him), as the making proper Provisions for the Care and Tuition of the Person of His Successor, and for the reguaral Administration of the Government, in case such Successor should be of tender Years, by Mears whereof their Safety and Princely Education may be secured, the public Peace and good Order maintained, and the Strength and Glory of the Crown of Great Britain suffer no Diminution For these Reasons, His Majesty, out of His Paternal Affection and Tenderness for His Royal Family and for all His faithful Subjects, earnestly recommends it to both Houses of Parliament, to take this weighty Affair into then most serious Deliberation, and proposes to their Consideration, that, when the Imperral Crown of these Realms shall descend to any of the Issue of His Son the late Prince of Wales being under the Age of Eighteen Years, the Princess Dowager of Wales their Mother should be Guardian of the Person of such Successor, and Regent of these Kingdoms, until they shall attain such Age, with such Powers and Limitations as shall appear necessary and expedient for these important Purposes."

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

To desire that they will continue sitting for some Time.

Order for an Address thereupon.

Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Message, and for His great Goodness to His People, in the anxious Concern which He has shewn for their Religion, Laws, and Liberties, and in so earnestly recommending to His Parliament the making proper Provisions in case of the Minority of His Successor.

"To express our just and grateful Sense of the Blessings we enjoy under His Majesty's auspicious and glorious Reign, and our ardent Wishes for the long Continuance of His precious Life, so important to His Royal Family, and to the Happiness of these Kingdoms.

"To assure His Majesty of our most dutiful Affection to His Sacred Person, and our Zeal for the Support of His Government, and of the Protestant Succession in His Royal House, and that we will lose no Time in taking into our Consideration the weighty Affair laid before us in His Message, with the most dutiful Regard to what His Majesty has been pleased so wisely to recommend, and with the justest Sense of the high and eminent Qualities of her Royal Highness the Princess Dowager of Wales."

The Lords following were appointed a Committee, to prepare an Address, pursuant to the abovementioned Order, and report to the House, (videlicet,)

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

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

The House was resumed.

And the Duke of Newcastle reported from the said Committee, an Address drawn by them.

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

Adress reported:

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, approach Your Royal Throne, with Hearts filled at the same Time with the deepest Sense of Gratitude to Your Majesty, and with the most serious and anxious Concern for the future Welfare of our Country,

"To return Your Majesty our Thanks for Your most Gracious Message, falls insinitely short of those Sentiments with which the Subject of it inspires us It excites in us the most sensible Feeling of all those Blessings which we have enjoyed during Your auspicious and glorious Reign, of the Middness and Benignity of Your Government, and of that constant Protection which Your Majesty has always extended to our Religion, Laws, and Liberties, which You have demonstrated by Your Conduct, as well as declared by Your Royal Words, to be most dear to You Happy would it be for all Your faithful Subjects, if Heaven, in Mercy to these Kingdoms, would graciously permit a Reign, so distinguished with every Mark of Goodness that can endear a British Monardh to His People, to be prolonged beyond the ordinary Datel To look forward to its Period, anticipites a Grief which no Words can express Your Majesty's Greatness of Mind, shewn in Your Message, has called upon us, and set us the Example, to enter into such Considerations as the high Importance of the Occasion requires.

"Not content with being the great Instrument of our Happiness during Your own Time, Your Majesty has pointed out to us a generous Concern, to provide for the Continuance of that Happiness (as far as human Foresight can do) after God shall have deprived us of the instimable Blesting of Your immediate Care In Return for this Paternal Goodness, permit us to assure Your Majesty, that we will lose no Time in taking into our Consideration the weighty Affair laid before us in Your Message.

"We are truly sensible of the high and eminent Qualities of her Royal Highness the Princess Dowager of Wales And we look upon what Your Majesty has been graciously pleased to propose to our Consideration, as the Result of Your Wisdom and tender Concern for Your Royal Family and the Interests of these Kingdoms, and we shall have the most dutiful Regard to what Your Majesty has been pleased so wisely to recommend.

"In our Deliberations on this important Subject, we shall think it our Duty, as well as our essential Interest, to have the strictest and most zealous Attention to the Preservation of the Protestant Succession as settled by Law in Your Royal Family, the numerous hopeful Branches whereof, formed by Your Instruction, and led by Your Example, we look upon as so many Pledges of the Security of our Religious and Civil Rights to future Generations.

"May it please the Divine Providence to grant Your Majesty such confirmed Health and Length of Days, as may render those Provisions, which Your Wisdom has suggested to us on this Occasion, unnecessary in the Event, that we may very long enjoy the Benefits of Your gracious Government, and Your Majesty the dutiful and affectionate Returns of a most obliged, loyal, and grateful People."

Message to H C with it.

A Message was sent to the House of Commons, by the Lord Chief Justice of the Court of Common Pleas and the Lord Chief Baron of the Court of Exchequer.

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

The Messengers sent to the House of Commons, to desire that they would continue sitting for some Time longer, being returned, acquainted the House, "That the Commons will continue sitting, as desired"

River Ribble Bridge, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for building a Bridge over the River Ribble, between the Township, of Preston and Penwortham, near a Place called The Fish-house, in the County of Lancester"

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

Yatton Commons enclosing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming Articles of Agreement, for enclosing and dividing certain Commons and Waste Grounds, in the Parish of Yatton, in the County of Somerset."

Ordered, That the said Bill be committed to the Consideration of the same Committee.

Their Lordships, or any Five of them, to meet on the same Day, at the same Place, and to adjourn as they please.

Small Debts in Lincoln, Recovery of, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more speedy and easy Recovery of small Debts within the City of Lincoln, and County of the same City, and the Liberties and Precincts thereof, and within the Bail of Lincoln, in the County of Lincoln"

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

It was Resolved in the Affirmative.

Mercers Company Annuitants, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for explaining and amending an Act passed in the Twenty first Year of the Reign of his present Majesty, intituled, An Act for the Relief of the Annuitants of the Wardens and Commonalty of the Mystery of Mercers of the City of London, and for other Purposes therein mentioned"

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

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

Cantillon & al to sel Newland's Estates, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Estates late of William Newland Esquire, deceased, in Gatton, Rygate, and Meastam, in the County of Surry, for discharging Encumbrances."

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 the 13th Day of May next, at the usual Time and Place, and to adjourn as they please.

The House was adjourned during Pleasure.

The House was resumed.

Message from H C to return the Address on His Majesty's Message concerning the Succession.

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

To return the Address sent down to them, and to acquaint this House, that they have agreed to the same, by filling up the Blank with ["and Commons"]

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

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time He will be pleased to appoint to be attended with an Address of both Houses of Parliament.

Adjourn.

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

DIE Sabbati, 27^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

The King to be attended with Address.

The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time He would be pleased to appoint to be attended with an Address of both Houses of Parliament, and that His Majesty had been pleased to appoint this Day at Two o'Clock at His Palace of St. James's."

Message to H C to acquaint them with it.

Then a Message was sent to the House of Commons, by Mr Burroughs and Mr Allen

To acquaint them, that His Majesty has appointed to be attended, with the said Address, at the Time above mentioned, and that this House intends to be there at that Time.

Richmond Road, Yorkshire, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from the East End of Brumpton High Lane, in the County of York, to the Town of Richmond, and from thence, to and through the Towns of Askrigg and Ingleton, in the said County, to the Town of Lancaster, in the County of Lancaster."

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.

Adjourn.

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

DIE Lunæ, 29^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Answer to Address of both Houses, concerning the Succession.

The Lord Chancellor reported, "That both Houses of Parliament did, on Saturday last, present to His Majesty their humble Address, to which His Majesty was pleased to return the following most Gracious Answer; (videlicet,)

"My Lords and Gentlemen,

"I return you My hearty Thanks, for this very dutiful and affectionate Address. The Zeal you express for Me and My Family, and the Sense you shew of My Care and Concern for the Interest of My People, is very agreeable to Me"

Address and Answer to be printed.

Ordered, That His Majesty's most Gracious Message, the Address of both Houses of Parliament thereupon, and His Majesty's most Gracious Answer to the said Address, be forthwith printed and published.

Preston Road repairing, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road from Preston to Lancaster, and from thence to a Place called Herring Syke, that divides the Counties of Lancaster and Westmorland," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H C to return the Bill for Taylor to take the Name of Leyborne.

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

To return the Bill, intituled, "An Act to enable William Leyborne, formerly called William Leyborne Taylor, to take and use the Surname of Leyborne only, and bear the Coat of Arms of the Family of Leyborne, pursuant to the Will of his Uncle William Leyborne, deceased," and to acquaint this House, that they have agreed to the same, without any Amendment.

Moyle's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting a Messuage and Lands in Suffolk, Part of the settled Estate of Thomas Moyle Esquire, in Trustees, in Trust to sell the same, pursuant to an Agreement for that Purpose, and for applying the Money arising by such Sale towards the Purchase of another Estate, of greater Value, to be settled to the like Uses."

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. Sawyer and Mr. Montagu.

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

Respondents to Webb's Appeal, peremptorily to answer.

The House was informed, "That Robert St. Laurence and George Wood have not put in their Answer to the Appeal of Noah Webb, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Terence Brady of Dunsaghlin in the County of Meath in the Kingdom of Ireland Gentleman, of the due Service of the said Order, being read:

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

Drummond against His Majesty's Advocate.

After hearing Counsel in Part, upon the Petition and Appeal of Thomas Drummond of Logiealmond Esquire; complaining of a Judgement pronounced by the Lords of Session in Scotland, the 1st of December 1750, to which William Grant Esquire, His Majesty's Advocate for Scotland, on Behalf of His Majesty, is Respondent:

It is Ordered, That the further hearing of this Cause be adjourned till To-morrow, and that the Counsel be called in at One o'Clock.

Adjourn.

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

DIE Martis, 30^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Drummond against His Majesty's Advocate.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Thomas Drummond of Logrealmond Esquire, complaining of a Judgement pronounced by the Lords or Session in Scotland, the 1st Day of December 1750, and praying, "That the same might be reversed, and such Relief given the Appellant as to this House in their great Wisdom should seem meet" As also upon the Answer of William Grant Esquire, His Majesty's Advocate for Scotland, on Behalf of His Majesty, put in to the said Appeal.

The Judges were directed to give then Opinion on the following Question, (videlicet,) "Whether, by the Law of England, John Drummond, Second Son of the late Lord Drummond, was, on the 11th Day of May 1746, capable of taking Lands by Descent? and whether, by his not rendering himself to Justice on or before the 12th of July 1746, according to the Act of the 19th Year of His present Majesty, such Descent become divested or avoided, so as to prevent the Forfeiture in Prejudice of the Crown?"

Judges Opinions.

Whereupon the Lord Chief Baron of the Court of Exchequer, having conferred with the Judges present, acquainted the House, "That they were unanimously of Opinion, That the said John Drummond was capable at that Time of taking Lands by Descent, and that, by his not rendering himself to Justice on or before the 12th of July 1746, according to the aforementioned Act of the 19th Year of His present Majesty, such Descent did not become divested or avoided, so as to prevent the Forfeiture in Prejudice of the Crown?"

Judgement.

And, upon due Consideration had of what was offered on either Side in this Cause, it is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Judgement pronounced by the said Lords of Session be, and the same is hereby, affirmed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, primum diem Maii jam prox secter hora undecima Auroræ, Dominis sic decernentibus.