House of Lords Journal Volume 27
February 1747, 11-20

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History of Parliament Trust

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Year published

1767-1830

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42-49

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'House of Lords Journal Volume 27: February 1747, 11-20', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 42-49. URL: http://www.british-history.ac.uk/report.aspx?compid=114251 Date accessed: 30 July 2014.


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February 1747, 11-20

DIE Mercurii, 11o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Roffen.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Epus. Hereford.
Ds. Hardwicke, Cancellarius
Dux Dorset, Præses
Dux Marlborough.
Dux Argyll.
Dux Newcastle.
Dux Portland.
March Tweeddale.
March. Rockingham.
Comes Shaftesbury.
Comes Moray
Comes Findlater.
Comes Oxford.
Comes Harborough.
Comes Orford.
Comes Bath.
Comes Bucks.
Viscount Townshend.
Ds. Willoughby Br.
Ds Willoughby Par.
Ds Strange.
Ds Ward.
Ds Cornwallis.
Ds Stawell.
Ds Bathurst.
Ds Ducie.
Ds Monson.
Ds. Sandys.

PRAYERS.

Adjourn.

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

DIE Veneris, 13o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Roffen
Epus. Norwic.
Epus Cicestriens
Epus Bangor.
Epus. Lincoln
Epus Asaphen.
Epus. Meneven
Epus. Hereford.
Ds Hardwicke, Cancellarius
Dux Dorset, Præses
Dux Bolton
Dux St Albans
Dux Argyll.
Dux Newcastle.
Dux Portland
Dux Manchester.
March Tweeddale
March Rockingham.
Comes Pembroke.
Comes Warwick.
Comes Westmorland.
Comes Stamford.
Comes Carlisle
Comes Shaftesbury.
Comes Jersey.
Comes Moray.
Comes Home
Comes Findlater.
Comes Portmore.
Comes Oxford.
Comes Halifax.
Comes Harborough.
Comes Pomfret
Comes Graham
Comes Waldegrave.
Comes Bath
Comes Leicester.
Comes Bucks
Viscount Fauconberg.
Viscount St John
Viscount Townshend.
Ds Willoughby Br.
Ds Willoughby Par.
Ds. Strange
Ds Ward
Ds Berkeley
Ds Cornwallis.
Ds Stawell.
Ds Bathurst.
Ds Romney.
Ds Ducie
Ds Monson
Ds Edgecumbe.
Ds. Sandys.

PRAYERS.

Rotherham against Brown.

The Answers of Ralph Brown and Mary Brown, Two of the Respondents to the Appeal of Anne Rotherham Widow and others.

Carver & al against Street.

Also, the Answer of Nicholas Street, One of the Respondents to the Appeal of Mary Carver Widow and others.

Wood against Street.

As also, the Answer of the said Nicholas Street, one of the Respondents to the Appeal of William Wood Esquire,

Were brought in.

E of Stamfords Pet referred to Judge.

Upon reading the Petition of Harry Earl of Stamford and Mary Countess of Stamford his Wife, and John Grey his Brother, praying Leave to bring in a Bill, for Sale of divers settled Estates, in the Petition mentioned, in order for carrying a Proposal of the Parties into Execution, as in the Petition is 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 Clarke, with the usual Directions, according to the Standing Order.

Rolt & Ux Pet referred to Judges.

Upon reading the Petition of Thomas Rolt, of Sacombe Park, in the County of Hertford, Esquire, and Anne his Wife, on Behalf of themselves and their Three Infant Children, and of Edward Bayntun Rolt Esquire, Younger Brother of the said Thomas Rolt, praying Leave to bring in a Bill, for discharging the Lincolnshire Estates, in the Petition mentioned, from the Uses contained in a voluntary Settlement made by Sir Thomas Rolt, the Petitioner Thomas's Grandfather, in the Year 1709, and to enable a Sale of the said Estates to Sir Dudley Ryder, according to a Contract between them, and for other Purposes in the Petition expressed.

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

Chitty against Attorney General.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Joseph Chitty Esquire is Appellant, and His Majesty's Attorney General Respondent"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on this Day Sevennight.

Smith, to take the Name of Aynscombe, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Lillic Smith, and his Heirs by Valentia his Wife (formerly Valentia Aynscombe), to take and use the Surname of Aynscombe, pursuant to the Will of Thomas Aynscombe 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.

Rotherham to amend Appeal.

Upon reading the Petition of Anne Rotherham Widow, and others, setting forth, "That, in the Beginning of this Session of Parliament, they presented their Appeal from a Decree of the Court of Chancery, to which John, Ralph, Mary, and Ralph Browne the Younger, were made Respondents, since which, the Petitioners are informed, that the said Ralph the Younger is dead, and hath left an only Child and Heir at Law, and that the said John Browne is also dead, having devised the Premises in Question to Ralph Browne his Brother, Remainder to Edward Browne his Nephew," and praying, "That the Petitioners may be at Liberty to amend their said Appeal, by inserting such Parties Respondents, instead of the said John and Ralph Browne deceased, as they shall be advised"

It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, by adding Parties as desired, who are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 27th Day of this Instant February

Reading Road, Bill.

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

With a Bill, intituled, "An Act to continue and make more estectual Two Acts of Parliament, one passed in the Twelfth Year of the Reign of Her late Majesty Queen Anne, and the other in the First Year of the Reign of His present Majesty, for repairing the Highways between The Bear Inn in Reading and Puntfield, in the County of Berks, and for amending other Roads in the last Act mentioned," 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, decimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 17o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Cant
Arch. Ebor.
Epus Roffen.
Epus Litch & Cov.
Epus Sarum
Epus Glocestriens.
Epus Norwic
Epus Bristol
Epus Cicestriens.
Epus Landavens
Epus Bath & Wells.
Epus. Bangor.
Epus. Lincoln
Epus Asaphen.
Epus Meneven.
Epus. Hereford.
Ds Hardwicke, Cancellarius.
Dux Dorset, Præses
Dux Devon, Senescallus
Dux St Albans.
Dux Bolton
Dux Leeds.
Dux Bedford
Dux Marlborough.
Dux Argyll
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Kingston
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Tweeddale.
March Lothian
March Rockingham.
Comes Pembroke.
Comes Lincoln
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Stamford.
Comes Winchilsea.
Comes Chesterfield.
Comes Cardigan
Comes Carlisle.
Comes Shaftesbury.
Comes Berkeley
Comes Holdernesse.
Comes Warrington.
Comes Jersey.
Comes Cholmondeley.
Comes Sutherland
Comes Moray.
Comes Home.
Comes Findlater.
Comes Oxford
Comes Strafford
Comes Tankerville
Comes Granville
Comes Halifax.
Comes Cowper
Comes Stanhope.
Comes Harborough
Comes Macclesfield
Comes Pomfret
Comes Graham
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Comes Ashburnham.
Comes Orford.
Comes Bath
Comes Portsmouth.
Comes Leicester.
Comes Brooke.
Comes Bucks.
Viscount Say & Seale.
Viscount Fauconberg
Viscount Townshend
Viscount St John.
Ds Dudley.
Ds Willoughby Br.
Ds Wentworth
Ds Willoughby Par.
Ds North.
Ds Clifton.
Ds Maynard.
Ds Strange.
Ds. Ward
Ds Berkeley.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Hay.
Ds. Masham.
Ds Bathurst.
Ds. Romney.
Ds Cadogan.
Ds Ducie.
Ds. Monson
Ds Raymond.
Ds Talbot
Ds Edgecumbe.
Ds. Sandys.

PRAYERS.

Reading Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue and make more effectual Two Acts of Parliament, one passed in the Twelfth Year of the Reign of Her late Majesty Queen Anne, and the other in the First Year of the Reign of His present Majesty, for repairing the Highways between The Bear Inn in Reading and Puntfield, in the County of Berks, and for amending other Roads in the last Act mentioned"

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

Ld Steward.
D St Albans.
D Leeds
D Argyll
D Portland
D. Manchester
M. Rockingham.
E. Pembroke.
E. Northampton.
E. Warwick.
E. Stamford
E. Shaftesbury.
E. Warrington.
E Findlater
E Oxford.
E. Harborough.
E Graham.
E Bath.
E Bucks.
Vis Fauconberg.
Vis. St John
L. Bp Rochester.
L B Sarum
L B Norwic
L B Bristol
L B St Davids.
L. B Hereford.
Ld Willoughby Par.
L North.
L Clifton
L. Strange.
L. Berkeley.
L Conway.
L Bathurst.
L Romney
L Cadogan.
L Ducie.
L. Monson
L Raymond
L Sandys.

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

Curtis & Ux Pet referred to Judges.

Upon reading the Petition of John Curtis Gentleman and his Wife, in Behalf of their Infant Children, praying Leave to bring in a Bill, for Sale of Estates in the County of Norfolk, in the Petition mentioned, for discharging Encumbrances affecting the same, and for other 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 Clive, with the usual Directions, according to the Standing Order.

Kynaston's Bill, Motion to dispense with Standing Order.

The House being moved, "That the Standing Order, in relation to Bills for selling Lands in one Place, and buying Lands in another, may be so far dispensed with, as that the Committee to whom the Bill, intituled, "An Act for Sale of the Rectory of St. Buttolph without Aldgate, London, the Estate of Thomas Kynaston Clerk, comprized in his Marriage Settlement, and for purchasing another Estate, to be settled to the Uses of the said Settlement," stands committed, may proceed on the said Bill, notwithstanding there is not yet any Agreement made for the Purchase of other Lands, in which the Money that may arise from the said Sale may be invested"

Ordered, That the said Motion be taken into Consideration To-morrow, and the Lords to be summoned.

Mrs Drew's Pet referred to Judges.

Upon reading the Petition of Mary Drew, Widow and Relict of Robert Drew, late of Holberton in the County of Devon, Gentleman, deceased, for herself and on the Behalf of Mary Drew her Daughter, an Infant, praying Leave to bring in a Bill, for enabling the Petitioner to make an effectual Conveyance of certain Estates in Cullompton, in the said County, pursuant to a Contract in the Petition mentioned.

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

Garrard new Pet referred to Judges.

Upon reading the Petition of Thomas Garrard, of Chipping Lamborn in the County of Berks, Esquire, Eldest Son and Heir of Thomas Garrard Esquire, his late Father, deceased, and of George, Robert, Nicholas, Christopher, and Richard Garrard, the other Sons of the said Thomas Garrard deceased, and also of John Earl Esquire, One of the Trustees for and on the Behalf of the said Thomas Garrard the Father and his said Sons, praying, "In regard the Petitioners said Father died on the 5th Instant, before any Attendance upon the Judges to whom his Petition for a Bill had been lately referred, and no material Alteration happened in the Nature of the Case, that the said Bill may be proceeded on, notwithstanding his Death"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Consideration of the same Judges to whom the former Petition stands referred.

Chitty against Attorney General.

A Petition of Joseph Chitty Esquire was presented, and read, setting forth, "That the Respondent to his Appeal has obtained an Order from this House, that his Cause should be heard on Friday next," and praying, "In regard the Petitioner's Case, though before Counsel, cannot be settled and printed in so short a Time, that the Hearing thereof may be put off to such further Day as to their Lordships shall seem meet"

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

And being withdrawn.

Ordered, That the said Hearing be put off to Friday Sevennight next.

Smith, to take the Name of Aynscombe, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Lillie Smith, and his Hens by Valentia his Wife (formerly Valentia Aynscombe), to take and use the Surname of Aynscombe, pursuant to the Will of Thomas Aynscombe Esquire, 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. Holford and Mr. Bennett

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

Heretable Jurisdictions, Returns of Lords of Sessions in Scotland about, considered.

The Order of the Day being read, for taking into Consideration the Returns of the Lords of Session in Scotland, to Two Orders of this House of the 5th of August last, the First directing the said Lords of Session to prepare the Draught of a Bill, for remedying Inconveniencies arising from several Kinds of Heretable Jurisdictions there, and the other for their Lordships to inquire and consider what Regalities and Heretable Sheriffships are subsisting.

The said Returns were also read.

Which done,

Heretable Jurisdictions in Scotland, to take away, Bill.

The Lord Chancellor presented to the House a Bill, intituled, "An Act for taking away and abolishing the Heretable Jurisdictions in that Part of Great Britain called Scotland; and for restoring such Jurisdictions to the Crown, and for making more effectual Provision for the Administration of Justice throughout that Part of the United Kingdom by the King's Courts and Judges there, and for rendering the Union more compleat"

And the same was read the First Time.

Ordered, That the said Bill be printed.

Adjourn.

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

DIE Mercurii, 18o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus Roffen
Epus Norwic.
Epus Cicestriens
Epus Landavens
Epus Bangor
Epus Asaphen.
Epus. Meneven.
Epus. Hereford.
Ds Hardwicke, Cancellarius
Dux Dorset, Præses.
Dux Devon, Senescallus
Dux Leeds
Dux Montagu.
Dux Argyll
March Tweeddale
March. Rockingham.
Comes Lincoln
Comes Northampton.
Comes Warwick.
Comes Stamford.
Comes Sutherland.
Comes Moray.
Comes Findlater.
Comes Oxford.
Comes Strafford.
Comes Halifax.
Comes Harborough.
Comes Pomfret
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Orford.
Comes Bath
Comes Leicester.
Comes Bucks.
Viscount Fauconberg.
Viscount St. John.
Ds. Dudley
Ds. Willoughby Br.
Ds Willoughby Par.
Ds North
Ds. Clifton.
Ds Strange.
Ds Ward.
Ds Somerville.
Ds. Masham.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds Monson.
Ds. Sandys.

PRAYERS.

Reading Road Bill.

The Lord Cadogan reported from the Lords Committees to whom the Bill, intituled, "An Act to continue and make more effectual Two Acts of Parliament, one passed in the Twelfth Year of the Reign of Her late Majesty Queen Anne, and the other in the First Year of the Reign of His present Majesty, for repairing the Highways between The Bear Inn in Reading and Puntfield, in the County of Berks, and for amending other Roads in the last Act mentioned," 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."

Standing Order dispensed with, on Kynastons Bill.

The Order of the Day being read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, in relation to Bills for selling Lands in one Place, and buying Lands in another, so far as that the Committee to whom the Bill, intituled, "An Act for Sale of the Rectory of St Buttolph without Aldgate, London, the Estate of Thomas Kynaston Clerk, comprized in his Marriage Settlement, and for purchasing another Estate, to be settled to the Uses of the said Settlement," stands committed, may proceed on the said Bill, notwithstanding there is not yet any Agreement made for the Purchase of other Lands, as is directed by the said Standing Order.

And Consideration being had thereof accordingly.

Ordered, That the said Standing Order be dispensed with, in this Case, as desired.

Harwich, &c. Roads repairing, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Roads leading from the Western Part of the Parish of Shenfield to Harwich, in the County of Essex, and the Road leading from Chelmsford, in the said County, to Sudbury, in the County of Suffolk, and from Margretting to Malden, in the County of Essex, and from Colchester to Langham, in the same County," and for repairing other Roads adjoining to the same Roads," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

L. North & al. Pet referred to Judges.

Upon reading the Petition of Francis Lord North and Guilford, for himself and on the Behalf of Frederick North his Son, an Infant, and of John Moore Esquire, and Thomas Parr Esquire, praying Leave to bring in a Bill, to enable the said Lord North and Guilford and Thomas Parr to make an effectual Sale of the Real Estate of William Moore, late of Polesdon, in the Parish of Bookham, in the County of Surrey, Esquire, deceased, in the Petition mentioned, or any Part thereof, to raise Money, to discharge his Debts and Legacies.

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.

Barry, to take the Name of Smith, Leave for a Bill.

Upon reading the Petition of John Smith Barry Esquire, formerly called John Barry, praying Leave to bring in a Bill, for confirming to the Petitioner, and the Issue of him and Dorothy his Wife, and to the Husband of their Issue Female, the Surname of Smith, and the Arms of Smith and Hertz, in Performance of a Clause or Proviso contained in an Indenture of the 5th of June 1741, made by Hugh Smith, late of Weald Hall, in the County of Essex, Esquire, deceased.

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

L Lovat's Trial put off.

A Petition of Simon Lord Fraser of Lovat, was presented, and read, setting forth, "That, upon the Appointment of his Trial, he immediately dispatched One of his Solicitors, to summon the Petitioner's material Witnesses, who are at great Distances from each other, inhabiting the Counties of Inverness and Ross; but, by reason of the Inclemency of the Weather, the Badness of the Roads, and other unavoidable Accidents, none of them are yet arrived, nor can possibly be got to London by the Time of Trial," and praying, "That this House will appoint some more distant Time for that Purpose"

And thereupon William Fraser and William Goostrey, Two of the Petitioner's Solicitors, were called in, and heard at the Bar, to verify the Truth of the Allegations of the said Petition.

And being withdrawn.

Ordered, That the Time appointed for the Petitioner's Trial be, and is hereby, enlarged till To morrow Fornight, being Thursday the 5th Day of March next.

Message to H C to acquaint them with it.

Ordered, That a Message be sent to the House of Commons, to acquaint them, "That, upon the humble Petition of the said Lord Lovat, for putting off his Trial to a further Day, for Reasons therein alleged, the Lords have enlarged the Time appointed for the Trial of the said Lord till Thursday the 5th Day of March next."

And a Message was accordingly sent to the House of Commons, by Mr. Holford and Mr Bennett, to acquaint them therewith.

Carver & al against Polhill & al. and Wood against Polhill & al.

Counsel were called in, to be heard, in the Cause wherein Mary Carver Widow and others are Appellants, and David Polhill Esquire and others are Respondents, and wherein William Wood Esquire is Appellant, and the said David Polhill and others are Respondents.

And the First Counsel for the Appellants Carver and others being fully heard, and some Proceedings and Proofs on their Part read.

It is Ordered, That the further Hearing of this Cause be put off till To-morrow, and the Counsel to be called in at One o'Clock.

Adjourn.

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

DIE Jovis, 19o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus Cicestriens.
Epus. Landavens.
Epus Bath & Wells.
Epus. Bangor.
Epus Asaphen.
Epus. Meneven.
Ds Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux St Albans.
Dux Argyll.
Dux Newcastle.
March. Lothian.
March. Rockingham.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Stamford.
Comes Winchilsea.
Comes Shaftesbury.
Comes Home.
Comes Findlater.
Comes Strafford
Comes Halifax
Comes Harborough.
Comes Pomfret.
Comes Ker.
Comes Fitzwalter
Comes Bath.
Viscount Say & Seale.
Ds. Willoughby Par.
Ds. Ward.
Ds Somerville.
Ds. Masham.
Ds. Bathurst.
Ds Onslow.
Ds Cadogan.
Ds. Monson.
Ds. Sandys.

PRAYERS.

Reading Road, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to continue and make more effectual Two Acts of Parliament, one passed in the Twelfth Year of the Reign of Her late Majesty Queen Anne, and the other in the First Year of the Reign of His present Majesty, for repairing the Highways between The Bear Inn in Reading and Puntfield, in the County of Berks; and for amending other Roads, in the last Act mentioned."

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

It was Resolved in the Affirmative.

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

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

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

L Byron, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Lord Byron 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 1a vice lecta est Billa, intituled, "An Act for settling the Estates of William Lord Byron and Elizabeth Shaw Spinster, an Infant, on their Intermarriage"

Harwich &c. Roads, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Twelfth Year of the Reign of this late Majesty King George the First, intituled, "An Act for repairing the Roads leading from the Western Part of the Parish of Shenfield, to Harwich, in the County of Essex, and the Road leading from Chelmsford, in the said County, to Sudbury, in the County of Suffolk, and from Margretting to Malden, in the County of Essex, and from Colchester to Langham, in the same County," and for repairing other Roads, adjoining to the same Roads."

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

Ld. President.
D. St Albans.
D Argyll.
D Newcastle.
M. Rockingham
E. Lincoln.
E Northampton
E. Warwick.
E. Shaftesbury.
E. Home
E Findlater.
E. Strafford.
E. Halifax.
E Ker
E Fitzwalter.
E. Bath.
Vis. Say & Seale.
L Bp Landaff.
L B Bangor
L B St Asaph.
L. B. St. Davids.
Ld Willoughby Par
L. Ward.
L. Somerville.
L. Masham.
L. Bathurst.
L Onslow.
L. Cadogan.
L. Monson.
L. Sandys.

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

Burton & al Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Burton Doctor in Divinity, and Joseph Smith Esquire, praying Leave to bring in a Private Bill.

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Estates of Doctor Simon Burton, deceased, in the Counties of Wilts and Southampton, in Trustees, to raise Money, for the Payment of several Debts and Encumbrances, and for other Purposes therein mentioned."

D of Leicester's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for settling the Estates of Thomas Earl of Leicester and Edward Coke Esquire, commonly called Lord Coke, his only Son, in the County of Norfolk, on the Marriage of the said Edward Lord Coke with the Lady Mary Campbell, One of the Daughters of John late Duke of Argyll, deceased," 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 throught 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.

Messages from H C with Bills.

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

With a Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England, and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, and for applying a certain Sum of Money, therein mentioned, towards the Supply for the Service of the Year One Thousand Seven Hundred and Forty-seven," to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, for repairing, widening, and amending, the Road leading from Warrington to Wigan, in the County of Lancaster, and also for amending and repairing the Road, leading from a Place called Earl's Kill in Warrington aforesaid, to the Toll Bars in Wallgate, in Wigan aforesaid," to which they desire the Concurrence of this House.

Message from thence, to return the Bill for Dring to take the Name of Garforth.

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

To return the Bill, intituled, "An Act to enable Edmund Garforth, formerly called Edmund Dring, and his Heirs, to take, use, and bear, the Surname and Arms of Garforth," and to acquaint this House, that they have agreed to the same, without any Amendment.

Carver & al and Wood against Polhill & al.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Mary Carver Widow and others are Appellants, and David Polhill Esquire and others Respondents, and wherein William Wood Esquire is Appellant, and the said David Polhill and others are Respondents.

And the Second Counsel for the Appellants Carver and others was fully heard.

As were likewise the Counsel for the Appellant Wood.

And the First Counsel for the Respondents having been fully heard.

They were all directed to withdraw.

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

Adjourn.

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

DIE Veneris, 20o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Roffen.
Epus Asaphen.
Epus Meneven.
Epus. Hereford.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux Argyll.
Dux Chandos.
March. Tweeddale.
March. Lothian.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Stamford.
Comes Winchilsea.
Comes Carlisle.
Comes Doncaster.
Comes Shaftesbury.
Comes Warrington
Comes Sutherland.
Comes Findlater.
Comes Halifax
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker
Comes Orford.
Viscount Say & Seale.
Viscount Townshend.
Viscount St. John.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Ward
Ds Berkeley.
Ds. Conway
Ds Somerville.
Ds. Bathurst.
Ds Onslow.
Ds Cadogan.
Ds Monson
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Malt Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England, and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, and for applying a certain Sum of Money, therein mentioned, towards the Supply for the Service of the Year One Thousand Seven Hundred and Forty-seven."

Warrington and Wigan Road, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, for repairing, widening, and amending, the Road leading from Warrington to Wigan, in the County of Lancaster, and also for amending and repairing the Road leading from a Place called Earl's Kill, in Warrington aforesaid, to the Toll Bars in Wallgate, in Wigan aforesaid."

Burton's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Estates of Doctor Simon Burton, deceased, in the Counties of Wilts and Southampton, in Trustees, to raise Money, for the Payment of several Debts and Encumbrances, and for other Purposes therein mentioned."

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

Ld. President.
D Argyll
D. Chandos.
M. Tweeddale.
M Lothian.
E. Lincoln.
E Northampton.
E. Warwick
E. Stamford
E. Winchilsea.
E. Carlisle
E. Doncaster.
E Shaftesbury.
E. Warrington.
E Findlater.
E Harborough.
E Graham.
E. Orford
V. St John.
L. Bp. Rochester.
L. B St. Asaph.
L. B. St. Davids.
L B. Hereford.
L Willoughby Br.
L. Willoughby Par.
L. Ward.
L. Berkeley.
L. Conway.
L Somerville.
L. Bathurst
L Onslow.
L. Cadogan.
L Monson
L Edgecumbe
L Sandys.

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

E of Leicester's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for settling the Estates of Thomas Earl of Leicester and Edward Coke Esquire, commonly called Lord Coke, his only Son, in the County of Norfolk, on the Marriage of the said Edward Lord Coke with the Lady Mary Campbell, One of the Daughters of John late Duke of Argyll, 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 Holford and Mr Bennett

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

Mitchell & al Petition referred to Judges.

Upon reading the Petition of Elizabeth Mitchell, Widow and Administratrix of William Mitchell, late of Carshalton, in the County of Surry Esquire, deceased, for and on the Behalf of William, James, and Knight Mitchell, the Infant Sons of the said William and Elizabeth Mitchell, and for whom the said Elizabeth as Guardian, and also of Mary Alexander Benet, the Widow and Executrix of Benet Alexander Benet, late of Babram, in the County of Cambridge, Esquire, deceased, for and on the Behalf of Richard, Henry, Alexander Benet and Levina Benet, the Infant Children of the said Benet Alexander Benet, and for whom the said Mary is Guardian, praying Leave to bring in a Bill, to enable the making of Leases of divers Estates in the Petition mentioned, in the Manner therein expressed, which, by reason of the Infancy of the Petitioner's said Children, cannot be done without Authority of Parliament.

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

L Byron's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for settling the Estates of William Lord Byron and Elizabeth Shaw Spinster, an Infant, on their Intermarriage."

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 Saturday the 7th Day of March next, at the usual Time and Place, and to adjourn as they please.

Carver & al and Wood against Polhill & al.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Mary Carver Widow and others are Appellants, and David Polhill Esquire and others Respondents, and wherein William Wood Esquire is Appellant, and the said David Polhill and others are Respondents.

And several Proceedings and Proofs on Behalf of the said Respondents being read.

And their Second Counsel heard at large to observe thereupon.

The Counsel were directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till Monday next.

Adjourn.

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