House of Lords Journal Volume 26: January 1743

January 1743

DIE Martis, 11^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Estimates, &c. from the Secretary at War, delivered.

The House was informed, "That a Person from the Office of Secretary at War attended:"

He was called in; and delivered, at the Bar, in Pursuance of their Lordships Address to His Majesty of the 15th of December last, several Estimates and an Accompt therein mentioned; with a List thereof.

And then he was directed to withdraw.

And the said List was read, as follows:

"Estimate of the Charge of Guards, Garrisons, and other Land Forces, for the Year 1743."

"Estimate of the Charge of His Majesty's Forces in the Plantations, Minorca, and Gibraltar, for the Year 1743."

"Estimate of the Charge of Ten Regiments of Marines, for the Year 1743."

"Estimate of the Charge of His Majesty's Forces in Flanders, for the Year 1743."

"Estimate of the Charge of the Hessian Troops in the Pay of Great Britain, from the 26th Day of December 1742, to the 25th Day of December 1743, both inclusive."

"An Accompt of the Charge of 5513 Horse, and 10,755 Foot, of the Troops of Hanover, in the Pay of Great Britain, from the 31st of August to the 25th of December 1742, being 117 Days."

"Estimate of the Charge of the Troops of Hanover, in the Pay of Great Britain, from the 26th Day of December 1742, to the 25th Day of December 1743."

Ordered, That the said Estimates and Accompt do lie on the Table.

Report of presenting Address of Thanks.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, of the 21st of December last, returning Him their Lordships Thanks for His most Gracious Speech to both Houses of Parliament; and that His Majesty was pleased to receive the same very graciously."

Mercer against Butler & al.

A Petition of Robert Mercer Appellant, and Margaret Lady Iveagh and others Respondents to his Appeal, was presented to the House, and read; setting forth, "That this Cause stands for hearing To-morrow; but that the same is under a Compromise, whereby the Petitioners hope it will be accommodated;" and praying, "That the said Hearing may stand over for Three Weeks, or for such other Time as to their Lordships shall seem meet."

And thereupon the Petitioners Agents were called in, and heard at the Bar.

And being withdrawn:

Ordered, That the said Hearing be put off to this Day Three Weeks.

Arcedeckne against Kelly & al.

Upon reading the Petition and Appeal of Nicholas Arcedeckne Esquire; complaining of an Order of the Court of Chancery in Ireland, of the 3d of June last, for discharging one Robert Ridge, a Defendant in the said Court, from his Confinement; "for that the Lord Chancellor did not, on several Motions, order, that all the Deeds and Papers that had been brought in and deposited by the said Ridge with the Usher of the said Court, pursuant to an Order of the 11th of March last, should be delivered to the Appellant or his Agent;" and praying, "That the said Order of the said Third of June may be reversed; and that the House will be pleased to order that the remaining Part of the Deeds and Papers that were brought in and deposited with the said Usher, which have not already been delivered out to the Appellant's Agent, pursuant to an Order of the said Court of the 7th of July last, may be delivered to the Appellant or his Agent; and that the Appellant may have such further and other Relief as to the House in their great Wisdom shall seem meet; and that William Kelly and the said Robert Ridge may be required to answer the said Appeal:"

It is Ordered, That the said William Kelly and Robert Ridge may have a Copy of the said Appeal; and do put in their Answer or Answers thereunto, in Writing, on or before Tuesday the 15th Day of February next; and that Service of this Order on the Clerks in Court or Agents of the said Respondents be deemed good Service.

Holder's Petition referred to Judges.

Upon reading the Petition of Charles Holder of Bathampton in the County of Somerset Esquire and Elizabeth Holder his Wife, Edward Bushell Collibee Apothecary, and Charles Stone Vintner; praying Leave to bring in a Bill, to sell and convey an Estate at Bathampton aforesaid, in the Petition mentioned, to Ralph Allen Esquire, pursuant to a Contract and Agreement; and to apply the Money arising by such Sale; first, for discharging certain Mortgages affecting the same; and in the next Place, for the Purchase of another Estate, of the Yearly Value of Two Hundred Pounds, to be settled upon the Petitioners Charles Holder and his Wife, and their Issue, in strict Settlement; and to pay the Residue thereof to the said Charles Holder, for his own Use and Benefit:

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 Abney with the usual Directions, according to the Standing Order.

Sterne & al. Leave for a Bill to enclose Elvington Moor.

Upon reading the Petition of Richard Sterne Esquire, the Reverend Edward Birbeck Clerk, and John Clarkson; praying Leave to bring in a Bill, for enclosing Part of the Common, or Moor, called Elvington Moor, in the County of York; and dividing the same between the Owners and Proprietors thereof, according to their respective Rights and Interests therein:

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

Chadwick & al. Petition referred to Judges.

Upon reading the Petition of Evelyn Chadwick Esquire, Lord of the Manor of West Leake, in the County of Nottingham, and of Granville Wheler Clerk, Rector of the Parish Church of West Leake, otherwise Little Leake, aforesaid; praying Leave to bring in a Bill for establishing and confirming an Agreement in the Petition mentioned, and making the same more effectual for the Purposes thereby intended:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Chaple and Mr. Justice Denison; with the usual Directions, according to the Standing Order.

Sir Dudley Ryder & al. Petition referred to Judges.

Upon reading the Petition of Sir Dudley Ryder Knight His Majesty's Attorney General, and Robert Ryder Gentleman Lessee of the said Sir Dudley Ryder, and Robert Billio Clerk Vicar of the Parish Church of Nuneaton in the County of Warwick; praying Leave to bring in a Bill, for making effectual an Exchange of certain Lands and Tithes in the Petition mentioned, between the Petitioners Sir Dudley Ryder and Robert Billio, for the Purposes in the Petition expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Denison; with the usual Directions, according to the Standing Order.

Cliffe's Petition referred to Judges.

Upon reading the Petition of Henry Cliffe of Sutton in the County of Surrey Esquire, Mary Cliffe, and Margaretta Eleonora Cliffe, of the Parish of St. James, Westminster, in the County of Middlesex, Spinsters, Sisters of the said Henry Cliffe; praying Leave to bring in a Bill, for Sale of certain Lands, Tenements, and Hereditaments, in the Petition mentioned, in the Counties of Southampton and Surrey, for Payment of Debts, and other Purposes in the Petition expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Reynolds and Mr. Baron Abney; with the usual Directions, according to the Standing Order.

D. Kingston's Petition referred to Judges.

Upon reading the Petition of Evelyn Duke of Kingston and Lady Carolina Pierrepont; praying Leave to bring in a Bill, for vesting certain Estates, in the Petition mentioned, in Sturton and Walkeringham, in the County of Nottingham, in the said Duke, in Fee Simple; and for settling other Estates, in Willoughby on the Wolds, Bleasby, Gourton, Gibsmere, and Notown, in the said County of Nottingham, to so many of the Uses and Trusts of the Will of the said Duke's Grandfather as are now subsisting, or capable of taking Effect:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Denison; with the usual Directions, according to the Standing Order.

Rooks to take the Name of Leeds, Leave for a Bill.

Upon reading the Petition of Edward Rookes, now called Edward Leeds, of North Milforth, in the County of York, Esquire; praying Leave to bring in a Bill, to enable him to take and use the Surname of Leeds only, pursuant to the last Will and Testament of Robert Leeds, late of North Milforth aforesaid, Esquire, deceased:

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

Dutchess of Bucks, Leave for a Bill.

Upon reading the Petition of Katherine Dutchess of Buckinghamshire and Normanby; praying Leave to bring in a Bill, for making the Exemplification of the said Dutchess's Jointure Deed, in the Petition mentioned, Evidence in all Courts of Law and Equity in the Kingdoms of Great Britain and Ireland:

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

Wyndham Obrien & al. Leave for a Bill to exemplify the late E. of Thomond's Will.

Upon reading the Petition of the most Noble Charles Duke of Somerset and the Right Honourable John Lord Gower, in Behalf, and as Guardians, of Percy Obrien, formerly called Percy Wyndham, Esquire; praying Leave to bring in a Bill, for enabling the said Percy Obrien, and all who may claim under the Will of Henry late Earl of Thomond in the Kingdom of Ireland, and Viscount Tadcaster in this Kingdom, to exemplify in the High Court of Chancery the said Will; and to allow such Exemplification to be read in Evidence in any of the Courts of Law and Equity in the said Kingdoms:

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

Respondents perempterily to answer Ainslie's Appeal.

The House was informed, "That Alexander Arbuthnot and Company had not put in their Answer to the Appeal of George Ainslie of Bourdeaux Merchant, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by John Patullo Writer in Edinburgh, of the due Service of the said Order, being read:

It is Ordered, That the said Alexander Arbuthnot and Company do peremptorily put in their Answer to the said Appeal in a Week.

M^cMillan & Ux. to answer Capt. Campbell's Appeal.

The House was informed, "That Alexander M^cMillan and his Wife had not put in their Answer to the Appeal of Captain William Campbell, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Archibald Hinshelwood Writer in Edinburgh, of the due Service of the said Order, being read:

It is Ordered, That the said Alexander M^cMillan and his Wife do peremptorily put in their Answer to the said Appeal in a Week.

Sir John Bellew & al. new Order for the Respondents to answer their Appeal.

Upon reading the Petition of Sir John Bellew Baronet, Patrick, Michael, William, and Francis Bellew, his Younger Brothers, all Infants, by their next Friend Dame Elenor Bellew, Widow and sole Executrix of Sir Edward Bellew, deceased, and of the said Dame Elenor; praying, "In regard the Order of this House, requiring the Respondents to the Petitioners amended Appeal to put in their Answers thereunto, is lost or miscarried, that the same may be renewed:"

It is Ordered, That Philemon M^cCartan, Mary his Wife, Thomas Tennison, the Reverend Doctor Patrick Delany, and Margaret his Wife, John Woods, John Foster, and Richard Bellew, may have a Copy of the said amended Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 15th Day of February next; and that Service of this Order on their Attorney or Attornies, Agent or Agents, be deemed good Service.

Adjourn.

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

DIE Veneris, 14^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Stawell takes his Seat.

Edward Lord Stawell sat first in Parliament, after the Death of his Brother William Lord Stawell; his Lordship 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.

E. Breadalbane against Menzies & al.

Upon reading the Petition and Appeal of John Earl of, Breadalbane and His Majesty's Advocate for Scotland; complaining of an Interlocutor of the Lords of Session in Scotland, of the 16th Day of July 1740; and also Part of Two Interlocutors of the said Lords, of the 25th Day of June 1741, and 21st of December last, made on the Behalf of James Menzies of Culdairs Esquire, and Angus M^cDonald Gentleman; and praying, "That the same may be reversed; and that the Appellants may have such Relief as to the House in their great Wisdom shall seem meet:"

It is Ordered, That the said James Menzies and Angus M^cDonald may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 11th Day of February next; and that Service of this Order on their Agents or Procurators before the Court of Session be deemed good Service.

Hamilton & al. against Gray.

Upon reading the Petition and Appeal of John Hamilton and Sarah his Wife, William Hamilton their Son, Thomas Este and Elizabeth his Wife, John Ware, Elizabeth Copen Widow, Relict of Roger Copen, and Diana Copen, Residents in Edinburgh; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 10th and 22d of December last, made on the Behalf of Robert Gray Procurator Fiscal to the Baillie Court in Edinburgh; and praying, "That the same may be reversed; and that the Appellants may have such Relief as to the House in their great Wisdom shall seem meet:"

It is Ordered, That the said Robert Gray may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the 11th Day of February next; and that Service of this Order on his Agents or Procurators before the Court of Session be deemed good Service.

Gore's Petition referred to Judges.

Upon reading the Petition of Charles Gore and John Gore Esquires, the Sons of William Gore, late of Tring, in the County of Hertford, Esquire, deceased; praying Leave to bring in a Bill, for explaining and making more effectual the Powers comprized in the Will of the said William Gore, for Younger Childrens Portions, for the Purposes by him intended:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and Mr. Justice Denison; with the usual Directions, according to the Standing Order.

Lady Petre, Petition referred to Judges.

Upon reading the Petition of Anne Lady Petre, Mother and One of the Guardians of Robert Edward Lord Petre Baron of Writtle, an Infant, for and on the Behalf of the said Infant; praying Leave to bring in a Bill, to enable and empower Edward Smith and Thomas Bramston, named in the Settlement made by the late Lord Petre Father of the said Infant, and the Survivor of them, and the Executors and Administrators of such Survivor, to grant such Leases of the Premises comprized in the said Settlement, as they, together and in Concurrence with William Andrew, therein also named, might have done, by virtue of, and under the Power in, the said Settlement:

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 Abney; with the usual Directions, according to the Standing Order.

Kynaston & al. Petition referred to Judges.

Upon reading the Petition of William Kynaston Esquire, One of the Masters of the High Court of Chancery, on the Behalf of himself and the rest of the unsatisfied Creditors of Thomas Delahay the Elder Esquire, deceased; and also of Josias Clerk and Mary Clerk his Wife, on Behalf of themselves, and of Josias Clerk and John Clerk their Two Sons, who are both Infants; praying Leave to bring in a Bill, to vest the Estate in the Petition mentioned, lying in the County of Hereford, in Trustees, in Fee Simple, freed and discharged from all the Uses and Limitations of the Will of Thomas Delahay the Younger Esquire, deceased, in Trust, to sell and dispose of the same, or a competent Part thereof, pursuant to, and for the Purposes of, a Decree of the Court of Chancery, made the 19th Day of October 1741:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Burnett; with the usual Directions, according to the Standing Order.

Willis to take the Name of Compton, Leave for a Bill.

Upon reading the Petition of Henry Compton Esquire, lately called Henry Willis; praying Leave to bring in a Bill, to confirm and establish on him the Surname of Compton, pursuant to the Will of Elianor Bave, late of the Parish of St. James's, Westminster, deceased:

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

Weir to amend his Appeal.

Upon reading the Petition of William Weir of Waygateshaw; praying Liberty to amend his Appeal depending in this House, by making Thomas Muirhead, Adam Muir, John Burns, James Granger Son to Robert Granger, John Bishop, James Bishop, John Muir, James Burn, Alexander Burns, James Paterson by the Name of William Paterson, James Granger Son to the deceased John Granger, and David Weir, Respondents thereto:

It is Ordered, That the Petitioner be at Liberty to add the said Parties as Respondents to the said Appeal; who may have a Copy thereof, and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 11th Day of February next; and that the Service of this Order on their Agent or Agents in the Court below, respectively, be deemed good Service.

Earley Common to enclose, Leave for a Bill:

Upon reading the Petition of Sir Henry Englefield Baronet, Elizabeth Manley Widow, William Soley, Edward Le Grand, and George Blagrave, Esquires, Owners and Proprietors of several Lands and Grounds, lying dispersedly in the Common Fields of the Township or Hamlet of Earley, in the Parish of Sonning, in the County of Berks, the Provost, Fellows, and Scholars, of Queen's College, in the University of Oxford, Owners of Lands in the said Common Fields, Sir George Fettiplace Baronet, Lessee of the said Provost, Fellows, and Scholars, the Dean of the Cathedral Church of Salisbury, Owner of certain Appropriate and Rectorial Tithes arising out of Part of the said Common Fields, the Right Honourable George Earl of Macclesfield, Frances Danvers Spinster, John Danvers, and Benjamin Child, Esquires, Lessees of the said Tithes under the said Dean; praying Leave to bring in a Bill, for confirming and establishing the Articles of Agreement between the Petitioners, in the Petition expressed, and the Enclosures, Allotments, Division, and Exchanges, therein mentioned and referred to:

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

Bill read.

Accordingly, the Lord Privy Seal presented to the House a Bill, intituled, "An Act for confirming, establishing, and making effectual, certain Articles of Agreement, made and entered into, for enclosing and dividing several Common Fields, lying in Early, in the Parish of Sonning, in the County of Berks; and for exchanging several ancient Enclosures in Early aforesaid."

And the same was read the First Time.

Dutchess of Bucks' Marriage Settlement, for exemplifying, Bill.

The Earl of Ilay (pursuant to the Order on Tuesday last) presented to the House a Bill, intituled, "An Act for making the Exemplification of the Settlement made by James Earl of Anglesey, on his Marriage with Katherine now Dutchess Dowager of Buckinghamshire and Normanby, Evidence in all Courts of Law and Equity in Great Britain and Ireland."

And the same was read the First Time.

Charitable Corporation, Petition to be considered.

A Petition of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest, was presented to the House, and read; praying, "That Leave may be given to bring in a Bill, appointing Commissioners, with proper Powers, in a summary Way, to make the Inquiries, and take the Accompts, directed by a Decree of the Court of Chancery lately made, and to enable the Petitioners to prosecute their Suit with Effect; or that this House will make such Provision as to their Lordships in their great Wisdom and Justice shall seem meet."

Ordered, That the said Petition be taken into Consideration on this Day Sevennight; and the Lords to be summoned.

E. Anglesey against Annesley:

After hearing Counsel, upon the Petition and Appeal of Richard Earl of Anglesey; complaining of an Order of the Court of Chancery in Ireland, of the 31st of May 1742, made upon a Motion of Charles Annesley Esquire, in the said Court, in a Cause between the Appellant and the said Charles Annesley; and praying, "That the said Order might be reversed and set aside:" As also upon the Answer of the said Charles Annesley 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, after the Words in the said Order complained of, (videlicet,) ["since the said Decree"], these Words ["be paid to the said Charles Annesley"] be omitted; and that these Words be there inferted, ["and remain in the Tenants Hands; and also One-third Part of the growing Rents and Profits of the said Estate be"]; and after the Words ["paid in and deposited with the Usher of this Court"] these Words; (videlicet,) ["at the Election of the said Defendant the Earl of Anglesey; and that he do make such Election by the First Day of the next Trinity Term"] be omitted: And at the End of the said Order, these Words ["in the mean Time"] be omitted; and that, instead thereof, these Words be added ["for the future"]; and that the said Court of Chancery do give all such Directions as shall be necessary for enforcing and carrying this Order into Execution.

Respondents to Hume Campbell's Appeal peremptorily to answer.

The House was informed, "That David Home and John Sinclair have not put in their Answer to the Appeal of Alexander Hume Campbell, though duly served with the Order of this House for that Purpose."

And thereupon Two Affidavits, made by James Wilson Writer in Edinburgh, 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.

Adjourn.

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

DIE Martis, 18^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Earley Common enclosing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming, establishing, and making more effectual, certain Articles of Agreement, made and entered into, for enclosing and dividing several Common Fields, lying in Early, in the Parish of Sonning, in the County of Berks; and for exchanging several ancient Enclosures in Early aforesaid."

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

Dutchess of Bucks' Marriage Settlement for exemplifying, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making the Exemplification of the Settlement made by James Earl of Anglesey, on his Marriage with Katherine now Dutchess Dowager of Buckinghamshire and Normanby, Evidence in all Courts of Law and Equity in Great Britain and Ireland."

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.

Tindall & al. Pet. referred to Judges.

Upon reading the Petition of Onesiphorus Tyndall of the City of Bristol Esquire, Thomas Lyster and Edmund Ashton Esquires, Guardians and Trustees for Richard Ashton an Infant, on Behalf of the said Infant; praying Leave to bring in a Bill, for vesting an Estate in the Petition mentioned, being a certain Plantation in the Island of Jamaica, in Trustees, to be sold, for Payment of the Debts charged thereon:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Chaple and Mr. Justice Denison; with the usual Directions, according to the Standing Order.

Norris's Pet. referred to Judges.

Upon reading the Petition of Anna Norris Widow, Mother and Guardian to John Norris, an Infant; praying Leave to bring in a Bill, to empower her to grant One or more Building Lease or Leases of certain Messuages and a Piece of Ground, in Fenchurch Street, London, for a Term not exceeding Ninety-nine Years:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Wright and Mr. Justice Dennison; with the usual Directions, according to the Standing Order.

Fitzherbert's Pet. referred to Judges.

Upon reading the Petition of Thomas Fitzherbert of Swinerton in the County of Stafford Esquire, Thomas Fitzherbert Esquire his only Son and Heir Apparent, and Bazil Fitzherbert Esquire, only Brother of the said Thomas Fitzherbert the Elder; praying Leave to bring in a Bill, to enable the said Thomas Fitzherbert the Son, during the Life of his said Father, and with his Consent, to make a Jointure on any Woman the said Thomas the Son shall marry, as he might do after the Death of his said Father; and also to appoint such Annuities on any Younger Sons of such Marriage, not exceeding Fifty Pounds a Year, as the said Thomas Fitzherbert the Son shall think fit:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Fortescue Aland and Mr. Justice Burnet; with the usual Directions, according to the Standing Order.

Smith's Pet. to receive his Appeal rejected.

A Petition of William Smith, was presented to the House, and read; praying Leave to exhibit an Appeal from a Decree of the Court of Exchequer in Ireland, of the 18th of February last, notwithstanding the Time limited by the Standing Order of this House is elapsed.

And thereupon one Mr. Reiley the Petitioner's Agent was called in, and examined, upon Oath, at the Bar, touching the Allegations of the said Petition.

And being withdrawn:

Ordered, That the said Petition be rejected.

Address for a State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1741, and 31st of December 1742; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Willis to take the Name of Compton, Bill.

The Earl of Warwick (pursuant to the Order on Friday last) presented to the House a Bill, intituled, "An Act to enable Henry Willis Esquire, now called Henry Compton, and his Issue Male and Descendants, to take and use the Surname of Compton, pursuant to the Will of Elianor Bave Widow, deceased."

And the same was read the First Time.

L. Glenorchy to enter into a Recognizance for E. Breadalbane;

The House being moved, "That John Lord Viscount Glenorchy may be permitted to enter into a Recognizance for John Earl of Breadalbane, on account of his Appeal depending in this House, his Lordship being in Scotland:"

It is Ordered, That the said Lord Viscount Glenorchy may enter into a Recognizance for the Appellant, as desired.

and Arcedeckne for Arcedeckne.

The like Motion and Order, for Robert Arcedeckne of The Inner Temple, London, Esquire, to enter into a Recognizance for Nicholas Arcedeckne Esquire, on account of his Appeal; he being in Ireland.

Time for receiving Petitions for Bills enlarged.

Ordered, That the Time limited for receiving Petitions for Private Bills be enlarged, from To-morrow, to Friday next.

Adjourn.

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

DIE Veneris, 21^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ainslie against Arbuthnot and Co.

The Answer of Alexander Arbuthnot and Company Merchants in Edinburgh, to the Appeal of George Ainslie of Bourdeaux Merchant, was brought in.

Campbell against M^cMillan & Ux.

As was likewise, the Answer of Alexander M^cMillan and Margaret his Wife, to the Appeal of Captain William Campbell, Eldest Son of the late Lord Provost of Edinburgh.

King's Answer to Address for State of National Debt.

The Earl Fitzwalter reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, on Tuesday last, for a State of the National Debt; and that His Majesty was pleased to say, He will order the proper Officer to lay the same before the House accordingly."

Bp. of St. Davids takes the Oaths;

This Day Edward Lord Bishop of St. Davids took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

and to preach on the 31st Instant.

Ordered, That the said Lord Bishop of St. Davids be, and is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Monday the 31st Day of this Instant January; being appointed to be observed and kept as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First.

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

Upon reading the Petition of Sackville Earl of Thanet and Mary Countess of Thanet his Wife, Charles Earl of Ailesbury, for and on Behalf of himself, and of the Honourable James Brydges Esquire, commonly called Lord Wilton, his Infant Grandson, the Honourable Benjamin Bathurst Esquire and Elizabeth his Wife, commonly called Lady Elizabeth Bathurst, the Honourable Frances Bruce Widow, Richard Earl of Burlington and Dorothy Countess of Burlington his Wife, Daniel Earl of Winchilsea and Nottingham, and the Honourable John Finch Esquire, Trustees for the said Earl and Countess of Thanet and Countess of Burlington; praying Leave to bring in a Bill, for making effectual a Division and Partition made of divers Manors, Lands, and Hereditaments, in the Petition mentioned, lying in the Counties of Derby, York, Lincoln, Nottingham, Middlesex, Surrey, and Chester, and in the City of London, and divers Fee-farm Rents issuing out of several Estates in several Counties, for the Purposes therein expressed:

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 Abney; with the usual Directions, according to the Standing Order.

Cooke et al. Pet. referred to Judges.

Upon reading the Petition of James Cooke the Elder, of Stockton upon Teese, in the County of Durham, Esquire, and Frances his Wife, James Cooke the Younger, Gentleman, Eldest Son and Heir Apparent of the said James Cooke the Elder, Jane Cooke Wife of the said James Cooke the Younger, and Anne Towse Widow, Mother of the said Jane Cooke; praying Leave to bring in a Bill, for vesting a settled Estate, in the Petition mentioned, lying in the North Riding of the County of York, in the Petitioner James Cooke the Younger, in Fee Simple, discharged of the Uses of his Marriage Settlement; and substituting, in the room thereof, another Estate, of better Value, lying in the East Riding of the same County, to so many of the Uses limited of the said settled Estate as are now existing or undetermined:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Denison; with the usual Directions, according to the Standing Order.

Dutchess of Bucks' Marriage Settlement for exemplifying, Bill.

The Lord Hervey reported from the Lords Committees to whom the Bill, intituled, "An Act for making the Exemplification of the Settlement made by James Earl of Anglesey, on his Marriage with Katherine now Dutchess Dowager of Buckinghamshire and Normanby, Evidence in all Courts of Law and Equity in Great Britain and Ireland," 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.

Hockliffe and Woburn Road, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the First Year of the Reign of His present Majesty, for the more effectual amending the Highway between Hockliffe and Wobourn, in the County of Bedford; and for repairing the Road leading through Wobourn to Tickford Bridge, in Newport Pagnel, in the County of Bucks;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Torras et al. Leave for a Nat. Bill.

Upon reading the Petition of Paul Torras and John Godfrey Zorhourst; praying Leave to bring in a Bill, for their Naturalization:

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

Serces, Leave for a Nat. Bill.

Upon reading the Petition of the Reverend James Serces Clerk; praying Leave to bring in a Bill, for his Naturalization:

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

Gapes, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas and Joseph Gape 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 enabling Thomas Gape and Joseph Gape Esquires to make Jointures, Leases, and Provisions, for Younger Children, out of the Estates devised to them respectively by the Will of William Gape Esquire, their Father, deceased."

Willis, to take the Name of Compton, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Henry Willis Esquire, now called Henry Compton, and his Issue Male and Descendants, to take and use the Surname of Compton, pursuant to the Will of Elianor Bave Widow, deceased."

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.

Charitable Corporation Pet. rejected.

The Order of the Day being read, for taking into Consideration the Petition of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums, upon Pledges, at legal Interest; for Leave to bring in a Bill, to appoint Commissioners, to make the Inquiries, and take the Accompts, directed by a Decree lately made in the Court of Chancery:

The said Petition was also read.

Then it was moved, "That the Judges be ordered to prepare a Bill, for appointing Commissioners, with proper Powers, in a summary Way, to make the Inquiries, and take the Accompts, directed by the said Decree, pronounced the 13th of August last, in a Cause wherein the Petitioners were Plaintiffs, and Sutton and others Defendants; and to enable such Commissioners to proceed, notwithstanding any Abatements by Death, during any Examination of the Matters to them referred."

Which being objected to;

And after Debate thereupon:

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Ordered, That the said Petition be rejected.

Elwick's Pet. for a Bill referred to a Committee.

A Petition of John Elwick Esquire, was presented, and read; praying Leave to bring in a Bill, for vesting in the Petitioner the Property assigned to him, which was granted by certain Letters Patent under the Great Seal, bearing Date the 21st Day of November in the 8th Year of His present Majesty's Reign, unto John Tuite Goldsmith, of the sole Use, Exercise, and Advantage, of an Engine by him invented, for making Stone Pipes, for the Term remaining therein unexpired; and for enlarging the said Term for such further Time as to this House in their great Goodness shall seem meet.

Ordered, That the said Petition be referred to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them; to meet on Thursday next, at the usual Time and Place; and to adjourn as they please; and to report to the House what they shall think proper thereupon.

Ainslie et al. against Arbuthnot and Co.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Ainslie and Alexander Innes are Appellants, and Alexander Arbuthnot and Company are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 4th Day of February next.

Adjourn.

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

Hitherto examined by us, 19th April, 1744.

Portland.
Bridgewater.
Oxford & Mortimer.

DIE Martis, 25^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

V. Say & Seale takes his Seat.

Richard Lord Viscount Say and Seal sat first in Parliament, after the Death of his Cousin Laurence Lord Viscount Say and Seal; his Lordship 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.

Pollard et al. against Haswell et al. in Error.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up a Writ of Error, wherein Robert Pollard and John Boyce are Plaintiffs, and Samuel Haswell and Edward Hunt Defendants.

Bowes to Brough, Road, Bill.

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

With a Bill, intituled, "An Act for repairing the Road from Bowes, in the County of York, to Brough under Stainmore, in the County of Westmorland;" to which they desire the Concurrence of this House.

Aston Tirrold Common enclosing, Bill.

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

With a Bill, intituled, "An Act for confirming and rendering more effectual certain Articles of Agreement, and an Award, for enclosing and dividing certain Common Fields and Common Downs, within the Manor and Parish of Aston Tirrold, in the County of Berks;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Dutchess of Bucks' Marriage Settlement for exemplifying, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making the Exemplification of the Settlement made by James Earl of Anglesey, on his Marriage with Katherine now Dutchess Dowager of Buckinghamshire and Normanby, Evidence in all Courts of Law and Equity in Great Britain and Ireland."

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 thereunto.

Trefusis et al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Elizabeth Trefusis Widow 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 to enable Trustees named in the Settlement and Will of Robert Trefusis Esquire, deceased, during the Minority of his Son Robert Cotton Trefusis, to make Leases of Part of his Estate, in the County of Cornwall."

Message from H. C. with Bockholt's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing John Bockholt;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The said Amendments were read, and agreed to.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Capt. Campbell against M^cMillan.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Captain William Campbell is Appellant, and Alexander M^cMillan and Margaret his Wife are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 9th Day of February next.

Hockliffe and Woburn, Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the First Year of the Reign of His present Majesty, for the more effectual amending the Highway between Hockliffe and Woburn, in the County of Bedford; and for repairing the Road leading through Woburn to Tickford Bridge, in Newport Pagnell, in the County of Bucks."

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.

Gapes' Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling Thomas Gape and Joseph Gape Esquires to make Jointures, Leases, and Provisions for Younger Children, out of the Estates devised to them respectively by the Will of William Gape Esquire, their late Father, deceased."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Wednesday the 9th Day of February next; and to adjourn as they please.

Rookes, to take the Name of Leedes, Bill.

The Earl of Warwick presented to the House (pursuant to their Lordships Order of the 11th Instant) a Bill, intituled, "An Act to enable Edward Rookes Esquire to take and use the Surname of Leedes only, pursuant to the last Will and Testament of Robert Leedes, late of North Milforth, in the County of York, Esquire, deceased."

And the same was read the First Time.

Serces, Nat. Bill.

The same Earl likewise presented to the House (pursuant to their Lordships Order of Friday last) a Bill, intituled, "An Act for naturalizing James Serces Clerk."

And the same was read the First Time.

Torras et al. Nat. Bill.

The Earl Graham presented to the House (pursuant to their Lordships Order of Friday last) a Bill, intituled, "An Act for naturalizing Paul Torras and John Godfrey Zurhorst."

And the same was read the First Time.

Calder et al. against Provan.

Upon reading the Petition and Appeal of Patrick Calder of Reedford, and William Anderson Surgeon in Straith; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 8th of July 1741; and of certain Interlocutors of the Lords of Session, of the 23d and 31st of July 1742, and 7th of January last, made on the Behalf of Mary Provan; and praying, "That the same may be reversed, varied, or altered; and that the Interlocutor of the said Lords, of the 21st of June 1742, sustaining the Appellants Defences and Assoilzing, may be affirmed; and that the Appellants may have such other Relief as to the House shall seem meet:"

It is Ordered, That the said Mary Provan may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Tuesday the 22d Day of February next; and that Service of this Order on her Procurator or Agent in the Court below be deemed good Service.

Estimates to be considered.

Ordered, That the Estimates and Accompt laid before this House the 11th Instant, from the Office of Secretary at War, pursuant to their Lordships Address to His Majesty of the 15th of December last, be taken into Consideration on this Day Sevennight; and the Lords to be summoned.

Ross to enter into Recognizance for Calder.

The House being moved, "That Mr. George Ross may be permitted to enter into a Recognizance for Patrick Calder and William Anderson, on account of their Appeal; they being in Scotland:"

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

Adjourn.

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

DIE Mercurii, 26^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hockliffe and Woburn, Road, Bill.

The Duke of Bedford reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the First Year of the Reign of His present Majesty, for the more effectual amending the Highway between Hockliffe and Woburn, in the County of Bedford, and for repairing the Road leading through Woburn to Tickford Bridge, in Newport Pagnel, in the County of Bucks," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they 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."

Trefusis' Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Trustees named in the Settlement and Will of Robert Trefusis Esquire, deceased, during the Minority of his Son Robert Cotton Trefusis, to make Leases of Part of his Estate, in the County of Cornwall."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Thursday the 10th Day of February next; and to adjourn as they please.

Rookes, to take the Name of Leedes, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Edward Rookes Esquire to take and use the Surname of Leedes only, pursuant to the last Will and Testament of Robert Leedes, late of North Milforth, in the County of York, 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 at the usual Time and Place, To-morrow; and to adjourn as they please.

Bowes to Brough, Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road from Bowes, in the County of York, to Brough under Stainmore, in the County of Westmorland."

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

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

Aston Tirrold Common enclosing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and rendering more effectual certain Articles of Agreement, and an Award, for enclosing and dividing certain Common Fields and Common Downs, within the Manor and Parish of Aston Tirrold, in the County of Berks."

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

Their Lordships, or any Five of them; to meet at the usual Place, on Thursday the 10th Day of February next; and to adjourn as they please.

Elvington Moor enclosing, Bill.

The Lord Bathurst presented to the House (pursuant to their Lordships Order the 11th Instant), a Bill, intituled, "An Act for enclosing and dividing the Common, or Moor, called Elvington Moor, within the Manor and Parish of Elvington, in the County of York."

And the same was read the First Time.

E. of Aylesford takes the Oaths.

This Day Heneage Earl of Aylesford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration; his Lordship having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Persons take the Oaths, to be naturalized.

James Serces Clerk, Paul Torras, and John Godfrey Zurhorst, took the Oaths appointed, in order to their Naturalization.

Serces, Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing James Serces Clerk."

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

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

Torras et al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Paul Torras and John Godfrey Zurhorst."

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

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

Adjourn.

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

DIE Jovis, 27^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Torras et al. Nat. Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Paul Torras and John Godfrey Zurborst," 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.

Serces, Nat. Bill.

His Lordship made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing James Serces Clerk," was committed.

And the like Order was made.

Bowes to Brough, Road Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road from Bowes, in the County of York, to Brough under Stainmore, in the County of Westmorland," was committed.

Chadwicke et al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Evelyn Chadwicke Esquire and Granville Wheler Clerk; 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 making perpetual an Agreement for the Exchange of Lands for Tithes, made between Evelyn Chadwicke Esquire, Lord of the Manor of West Leake, in the County of Nottingham, and Granville Wheler Clerk, Rector of the Parish Church there."

Elvington Moor enclosing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common or Moor called Elvington Moor, within the Manor and Parish of Elvington, in the County of York."

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 Friday 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 et in diem Lunæ, tricesimum primum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 31^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order for the Lords to proceed to the Abbey Church, Westminster, to solemnize this Day, appointed to be observed and kept as a Day of Fasting and Humiliation for the Martyrdom of King Charles the First;

Adjourn.

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