House of Lords Journal Volume 28
February 1753, 21-28

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History of Parliament Trust

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1767-1830

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24-32

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'House of Lords Journal Volume 28: February 1753, 21-28', Journal of the House of Lords volume 28: 1753-1756 (1767-1830), pp. 24-32. URL: http://www.british-history.ac.uk/report.aspx?compid=114353 Date accessed: 16 April 2014. Add to my bookshelf


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February 1753, 21-28

DIE Mercurii, 21o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Carliol.
Epus. Bangor.
Epus. Cestriens.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Dux Somerset.
Dux Argyll.
Dux Portland.
Dux Chandos.
Comes Northampton.
Comes Stamford.
Comes Cardigan.
Comes Carlisle.
Comes Shaftesbury.
Comes Berkeley.
Comes Rothes.
Comes Morton.
Comes Lauderdale.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Marchmont.
Comes Hyndford.
Comes Pomfret.
Comes Bath.
Comes Fitzwilliam.
Comes Egremont.
Comes Guilford.
Ds. Willoughby Par.
Ds. Ward.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Montfort.
Ds. Sandys.
Ds. Feversham.

PRAYERS.

Penrith, to Chalk Beck, Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Road leading from the Town of Penrith, in the County of Cumberland, by Hutton Hall, over Skelton and Castlesowerby Pastures and Sebraham Bridge, to Chalk Beck, in the said County; and also the Road which branches and separates from the same Road, upon Castlesowerby Pasture aforesaid, and leads from thence, through Hesket, otherwise Hesket-New-Market, to Caldbeck, in the said County."

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

D. Somerset.
D. Argyll.
D. Portland.
D. Chandos.
E. Northampton.
E. Stamford.
E. Cardigan.
E. Carlisle.
E. Shaftesbury.
E. Berkeley.
E. Rothes.
E. Morton.
E. Lauderdale.
E. Loudoun.
E. Findlater.
E. Aberdeen.
E. Marchmont.
E. Hyndford.
E. Pomfret.
E. Bath.
E. Fitzwilliam.
E. Egremont.
E. Guilford.
L. Bp. Durham.
L. Bp. Carlisle.
L. Bp. Bangor.
L. Bp. Chester.
L. Bp. Glocester.
Ld. Willoughby Par.
L. Ward.
L. Foley.
L. Bathurst.
L. Romney.
L. Ducie.
L. Monson.
L. Raymond.
L. Montfort.
L. Sandys.
L. Feversham.

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

Petition of the City of London, against the Bill for encouraging Industry:

Upon reading the Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled; representing, "That if the Bill depending in this House, intituled, "An Act for encouraging Industry in the Kingdom, by removing certain Disabilities and Restraints contained in several former Acts," should pass into a Law, the same will greatly prejudice the ancient Rights and Privileges of the said City, and tend to the Destruction of the said Corporation;" and therefore praying, "That the said Bill may not pass into a Law:"

It is Ordered, That the said Petition do lie on the Table.

Merchants, &c. of King's Lynn, Petition for the Bill for encouraging Industry.

Upon reading the Petition of the Merchants, Tradesmen, Artificers, and Inhabitants, of King's Lynn, in the County of Norfolk, whose Names are thereunto subscribed, on Behalf of themselves and the rest of the principal Merchants and Tradesmen there; setting forth, "That the Petitioners apprehend, that the Restrictions contained in former Acts, One passed in the Fifth Year of Queen Elizabeth, intituled, "An Act containing divers Orders for Artificers, Labourers, Servants of Husbandry, and Apprentices;" and another, passed in the Thirteenth and Fourteenth Year of King Charles the Second, intituled, "An Act for the better Relief of the Poor of this Kingdom," are a Check upon Industry, and of evil Tendency; inasmuch as they disable industrious People from removing to Places where sufficient Employment is to be had;" and therefore praying, "That the Bill now depending in this House, for encouraging Industry in the Kingdom, by removing certain Disabilities and Restraints contained in several former Acts, may pass into a Law:"

It is Ordered, That the said Petition do lie on the Table.

Peploe to take the Name of Peploe Birch, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable John Peploe Birch, an Infant, heretofore called John Peploe, to take and use the Surname of Peploe Birch only, pursuant to the Will of Samuel Birch Esquire, deceased."

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

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

Valk's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Jacob Valk."

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.

Persons sworn, in order to their Naturalization.

William Konink and Henry Klausing were called in; and, at the Bar, took the Oaths appointed, in order to their Naturalization.

Schoen & al. Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to naturalize John Henry Schoen, Peter Rodolph, George Alexander Fatio, and William Du Bois."

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.

Ordered, That the Petition of William Konink and Henry Klausing, praying, "That their Names may be inserted in the said Bill," be referred to the said Committee.

L. Ward's Privilege:

Complaint being made to the House, and Oath made at the Bar, "That Joseph Dixon Clerk, Charles Dixon Maltster, Benjamin Pickerell Currier, and Edward Holt of Cradley Blacksmith, did, on the 20th and 22d of May last, cause the Hedge or Fence of Fens Coppice, in the Parish of Kingswinford, in the County of Stafford, and several other Fences and Enclosures of Lands and Gardens, belonging to the Lord Ward, to be pulled down and destroyed, in Breach of the Privilege of the said Lord, and also of this House:"

Dixon & al. to be attached, for breaking his Fences.

It is Ordered, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Joseph Dixon, Charles Dixon, Benjamin Pickerell, and Edward Holt, and keep them in safe Custody until further Order of this House; and for so doing, this shall be a sufficient Warrant.

To Richard Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Land Tax Bill.

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

With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-three;" to which they desire the Concurrence of this House.

Salt Duties continuing Bill.

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

With a Bill, intituled, "An Act for continuing the Duties upon Salt, and upon Red and White Herrings, for the Purposes therein mentioned;" to which they desire the Concurrence of this House.

Mutiny Bill.

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

With a Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

Carleton to take the Name of Cumberbatch, Bill.

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

With a Bill, intituled, "An Act for enabling Abraham Carleton Esquire, now called Abraham Cumberbatch, and his Issue Male, to take and use the Sur name of Cumberbatch;" to which they desire the Concurrence of this House.

The said Four Bills were severally read the First Time.

Message from H. C. to return Boumeester & al. Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Daniel Boumeester and James Rilliet;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Address for State of 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 1751, and the 11th of January 1753, N. S.; 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.

Headlam & al. Petition referred to Judges.

Upon reading the Petition of Bridget Headlam Widow, Bridget Headlam Spinster, Arthur Charles Stanhope Esquire and Margaret his Wife, Ann Headlam Spinster, and Richard Mosley Clerk; praying Leave to bring in a Bill, to confirm certain Articles of Agreement, for Sale of divers Lands and Hereditaments, at Kexby, in the County of York, for the Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Clive; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Manning & al. Petition referred to Judges.

Upon reading the Petition of Mathew Manning Doctor in Physick and Ann his Wife, for themselves and in Behalf of Henry Charles Manning their only Son, an Infant, and of Rebecca Markwick Widow; praying Leave to bring in a Bill, for Sale of Part of a settled Estate, in the County of Suffolk, to discharge a Mortgage Debt affecting the same; and for other Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Clive; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Mercers Company, Accompts delivered.

The House, being informed, "That Mr. Crumpe, from the Mercers Company, attended:"

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

"Accompts of the said Company, from the 29th of September 1751, to the 10th of October 1752."

And then he withdrew.

And the Title thereof being read, by the Clerk:

Ordered, That the same do lie on the Table.

Adjourn.

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

DIE Veneris, 23o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Wigorn.
Epus. Bath. & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Landavens.
Epus. Litch. & Cov.
Ds. Hardwicke, Cancellarius.
Dux Marlborough, Senescallus.
Dux Bedford.
Dux Portland.
Comes Northampton.
Comes Warwick.
Comes Carlisle.
Comes Shaftesbury.
Comes Poulet.
Comes Lauderdale.
Comes Findlater.
Comes Leven.
Comes Aberdeen.
Comes Marchmont.
Comes Hyndford.
Comes Halifax.
Comes Pomfret.
Comes Ashburnham.
Comes Fitzwilliam.
Comes Egremont.
Viscount Fauconberg.
Viscount Townshend.
Viscount Leinster.
Ds. Willoughby Par.
Ds. Strange.
Ds. Ward.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Sandys.
Ds. Anson.
Ds. Feversham.
Ds. Archer.

PRAYERS.

King's Answer to Address for Papers relating to Nova Scotia.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, with the Address of this House, of the 13th Instant, for Extracts of Letters and Papers relating to the Settlement of Nova Scotia; and that His Majesty was pleased to say, He will give Directions that the same be laid before the House accordingly."

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

His Grace also reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, with the Address of this House, of Wednesday last, for a State of the National Debt; and that His Majesty was pleased to say, He would give Directions for laying the same before the House accordingly."

Inge & Ux. Petition referred to Judges.

Upon reading the Petition of Theodore William Inge Esquire and Henrietta his Wife, for themselves, and on the Behalf of William Inge, their only Son, an Infant; praying Leave to bring in a Bill, to enable the Petitioners to make Building Leases of Lands and Grounds, in or near Birmingham, in the County of Warwick, for a competent Term of Years:

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 Legge; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Pusey's Exchange, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for settling a Yearly Rent on the Rector of Pusey, in the County of Berks, and his Successors, in Lieu of his Tithes and Part of his Glebe; and vesting the said Tithes and Glebe in John Allen Pusey Esquire and his Heirs," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Bill, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Penrith Road, to Chalk Beck Road, Bill.

The Duke of Portland reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road leading from the Town of Penrith, in the County of Cumberland, by Hutton Hall, over Skelton and Castlesowerby Pastures and Sebraham Bridge, to Chalk Beck, in the said County; and also the Road which branches and separates from the same Road upon Castlesowerby Pasture aforesaid, and leads from thence through Hesket, otherwise Hesket-NewMarket, to Caldbeck, in the said County," 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."

Valk's Nat. Bill.

His Grace made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Jacob Valk," was committed.

Schoen & al. Nat. Bill.

His Grace also reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize John Henry Schoen, Peter Rodolph, George Alexander Fatio, and William Du Bois," was committed: "That they had considered the said Bill, as also the Petition to them referred; and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made several Amendments thereto."

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

L. Fitzmaurice, Leave for a Bill to make the Exemplification of Lord Shelburn's Will Evidence:

Upon reading the Petition of John Lord Viscount Fitzmaurice in the Kingdom of Ireland; praying Leave to bring in a Bill, for making the Exemplification of the last Will of Henry late Earl of Shelburne Evidence in Great Britain and Ireland:

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

Accordingly,

Bill read.

The Lord Cadogan presented to the House a Bill, intituled, "An Act for making the Exemplification of the last Will of Henry late Earl of Shelburne in the Kingdom of Ireland, deceased, Evidence in all Courts of Law and Equity in Great Britain and Ireland."

And the same was read the First Time.

Bogle and Robb against His Majesty's Advocate: Writ of Error.

The House being informed, "That Mr. Daniel Hugh Gordon attended, with a Writ of Error from the Court of Exchequer in Scotland:"

He was called in; and, being sworn and examined, acquainted their Lordships, "That he received the said Writ of Error, sealed up, from the Lord Chief Baron of the said Court of Exchequer; and that it is now in the same Condition it was when he received it."

And then, delivering the same at the Bar, he was directed to withdraw.

In which Writ of Error,

Mathew Bogle and William Robb are Plaintiffs; and His Majesty's Advocate for Scotland, for His Majesty's Interest, is Defendant.

Land Tax Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fiftythree."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.

Salt Duties, continuing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Salt, and upon Red and White Herrings, for the Purposes therein mentioned."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.

Mutiny Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.

Carleton to take the Name of Cumberbatch, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enabling Abraham Carleton Esquire, now called Abraham Cumberbatch, and his Issue Male, to take and use the Surname of Cumberbatch."

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

L. Steward.
D. Bedford.
D. Portland.
E. Northampton.
E. Warwick.
E. Carlisle.
E. Shaftesbury.
E. Poulet.
E. Lauderdale.
E. Findlater.
E. Leven.
E. Aberdeen.
E. Marchmont.
E. Hyndford.
E. Halifax.
E. Pomfret.
E. Ashburnham.
E. Fitzwilliam.
E. Egremont.
Viscount Fauconberg.
Viscount Townshend.
Viscount Leinster.
Ld. Bp. Durham.
L. Bp. Worcester.
L. Bp. Bath & Wells.
L. Bp. Bangor.
L. Bp. St. Asaph.
L. Bp. Landaff.
L. Bp. Litch. & Cov.
L. Willoughby Par.
L. Strange.
L. Ward.
L. Foley.
L. Bathurst.
L. Cadogan.
L. Ducie.
L. Monson.
L. Raymond.
L. Sandys.
L. Anson.
L. Feversham.
L. Archer.

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

Douglas against Douglas.

Upon reading the Petition and Appeal of William Douglas Esquire, late of Kinglassie, and Thomas Belsches his Trustee; complaining of an Interlocutor, or Decree, of the Lords of Session in Scotland, of the Second Day of this Instant February, made on the Behalf of Isobel Douglas; and praying, "That the same may be reversed; and that the Appellant may have such Relief as to this House in their great Wisdom and Justice shall seem meet:"

It is Ordered, That the said Isobel Douglas may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Friday the 23d Day of March next; and that Service of this Order on her Counsel or Agents, in the said Court of Session, be deemed good Service.

Small, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Foyle Small and Mary his Wife; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of an undivided Share of Tithes, in the Isle of Wight, settled on John Foyle Small, Mary Small his Wife, and John Small their Son, an Infant; and for laying out the Money arising by such Sale in the Purchase of an Estate, in the County of Gloucester, to be settled to the same Uses."

Knight & al. Petition, for a Bill to sell Plompton's Estate, referred to Judges.

Upon reading the Petition of Elizabeth Knight, Wife of William Knight of Frickley in the County of York Gentleman, and Michael Ann of Frickley aforesaid Esquire, Eldest Son and Heir Apparent of the said Elizabeth Knight by Marmaduke Ann her First Husband, deceased; praying Leave to bring in a Bill, for Sale of an undivided Fourth Part of the Manors of Plompton and Rough Farlington, and divers Lands and Hereditaments, in the County of York, for the Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Gundry; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

D. of Newcastle & al. Executors of the late E. of Ashburnham, Petition referred to Judges.

Upon reading the Petition of Thomas Holles Duke of Newcastle, Henry Pelham Esquire, and Mathew Lamb Esquire, surviving Executors of John late Earl of Ashburnham, and of Edward Earl of Derby and John now Earl of Ashburnham; praying Leave to bring in a Bill, to enable the surviving Trustees and Executors of John late Earl of Ashburnham, deceased, to sell and convey his Estate at Bretherton, in Lancashire, pursuant to the Directions, and for the Purposes, of his Will:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Clive; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Industry, to encourage, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act for encouraging Industry in the Kingdom, by removing certain Disabilities and Restraints contained in several former Acts:"

It was moved, "To adjourn the House to Tuesday next."

Accordingly,

Adjourn.

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

DIE Martis, 27o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Roffen.
Epus. Cicestriens.
Epus. Bath. & Wells.
Epus. Carliol.
Epus. Norwic.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Dux Marlborough, Senescallus.
Dux Somerset.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Berkeley.
Comes Poulet.
Comes Lauderdale.
Comes Loudoun.
Comes Findlater.
Comes Leven.
Comes Aberdeen.
Comes Marchmont.
Comes Hyndford.
Comes Oxford.
Comes Halifax.
Comes Pomfret.
Comes Buckinghamshire.
Comes Fitzwilliam.
Comes Egremont.
Viscount Fauconberg.
Viscount Leinster.
Viscount Folkestone.
Ds. Willoughby Par.
Ds. Strange.
Ds. Ward.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Raymond.
Ds. Montfort.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Anson.
Ds. Feversham.
Ds. Archer.
Ds. Vere.

PRAYERS.

Carleton to take the Name of Cumberbatch, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling Abraham Carleton Esquire, now called Abraham Cumberbatch, and his Issue Male, to take and use the Surname of Cumberbatch," 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."

Bewdley Roads, Bill.

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

With a Bill, intituled, "An Act for repairing and widening several Roads leading from the Town of Bewdley, in the County of Worcester, to the several Places therein mentioned, in the Counties of Worcester and Salop respectively;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bp. of St. Davids takes the Oaths.

Anthony Lord Bishop of St. Davids took the Oaths at the Table, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Dalton against Brown.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up a Writ of Error; wherein,

John Dalton is Plaintiff, and Lancelot Brown Defendant.

Carlisle, to Penrith and Emont Bridge, Road Bill.

A Message was brought from the House of Commons, by Colonel Stanwix and others:

With a Bill, intituled, "An Act for repairing the Roads from the City of Carlisle to the Town of Penrith, in the County of Cumberland, and from the said Town of Penrith to Emont Bridge, which divides the Counties of Cumberland and Westmorland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Schoen & al. Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to naturalize John Henry Schoen, Peter Rodolph, George Alexander Fatio, and William Du Bois."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

Pusey's Exchange, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for settling a Yearly Rent on the Rector of Pusey, in the County of Berks, and his Successors, in Lieu of his Tithes and Part of his Glebe; and vesting the said Tithes and Glebe in John Allen Pusey Esquire and his Heirs."

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 the former Messengers:

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

Penrith, to Chalk Beck, Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Road leading from the Town of Penrith, in the County of Cumberland, by Hutton Hall, over Skelton and Castlesowerby Pastures and Sebraham Bridge, to Chalk Beck, in the said County; and also the Road which branches and separates from the same Road upon Castlesowerby Pasture aforesaid, and leads from thence, through Hesket, otherwise HesketNew-Market, to Caldbeck, in the said County."

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.

Seend Street, to Box, Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road from the West End of Seend Street, in the County of Wills, to The Horse and Jockey in the Parish of Box, in the said County;" to which they desire the Concurrence of this House.

Stone Church, Staffordshire, to rebuild, Bill.

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

With a Bill, intituled, "An Act to enable the Parishioners of the Parish of Stone, in the County of Stafford, to re-build the Church of the said Parish;" to which they desire the Concurrence of this House.

The said Two Bills were severally read the First Time.

E. Shelburne's Will, Exemplification of, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for making the Exemplification of the last Will of Henry late Earl of Shelburne in the Kingdom of Ireland, deceased, 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 following; (videlicet,)

Ld. Steward.
D. Somerset.
D. Argyll.
D. Newcastle.
D. Portland.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Carlisle.
E. Berkeley.
E. Poulet.
E. Lauderdale.
E. Loudoun.
E. Findlater.
E. Leven.
E. Aberdeen.
E. Marchmont.
E. Hyndford.
E. Oxford.
E. Halifax.
E. Pomfret.
E. Buckinghamshire.
E. Fitzwilliam.
E. Egremont.
Viscount Fauconberg.
Viscount Leinster.
Viscount Folkestone.
Ld. Bp. Durham.
L. Bp. Rochester.
L. Bp. Chichester.
L. Bp. Bath & Wells.
L. Bp. Carlisle.
L. Bp. Norwich.
L. Bp. Litch. & Cov.
L. Bp. St. Davids.
L. Bp. Gloucester.
Ld. Willoughby Par.
L. Strange.
L. Ward.
L. Bathurst.
L. Onslow.
L. Romney.
L. Cadogan.
L. Ducie.
L. Raymond.
L. Montfort.
L. Edgecumbe.
L. Sandys.
L. Anson.
L. Feversham.
L. Archer.
L. Vere.

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

Small's Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of an undivided Share of Tithes, in the Isle of Wight, settled on John Foyle Small, Mary Small his Wife, and John Small their Son, an Infant; and for laying out the Money arising by such Sale in the Purchase of an Estate, in the County of Gloucester, to be settled to the same Uses."

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

Their Lordships, or any Five of them; to meet on Wednesday the 14th Day of March next, at the usual Time and Place; and to adjourn as they please.

Motion to dispense with Standing Order, to be considered:

Then a Motion was made, "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 may be at Liberty to proceed on the last mentioned Bill, notwithstanding there is not an actual Agreement yet made for the Purchase of another Estate, to be settled in Lieu of that to be sold, as required by the said Standing Order."

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

Valk's Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Jacob Valk."

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.

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-three."

After some Time, the House was resumed.

And the Earl of Warwick reported from the Commitmittee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Salt Duties, continuing, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for continuing the Duties upon Salt, and upon Red and White Herrings, for the Purposes therein mentioned."

After some Time, the House was resumed.

And the Earl of Warwick reported, "That the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

After some Time, the House was resumed.

And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Dalrymple to enter into Recognizance for Douglas.

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

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

Adjourn.

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

DIE Mercurii, 28o die Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Dunelm.
Epus. Carliol.
Epus. Bangor.
Epus. Litch. & Cov.
Ds. Hardwicke, Cancellarius.
Dux Newcastle.
Dux Portland.
Comes Northampton.
Comes Warwick.
Comes Stamford.
Comes Carlisle.
Comes Shaftesbury.
Comes Jersey.
Comes Home.
Comes Lauderdale.
Comes Findlater.
Comes Leven.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Pomfret.
Comes Fitzwalter.
Comes Bath.
Comes Fitzwilliam.
Comes Egremont.
Viscount Leinster.
Ds. Willoughby Par.
Ds. Strange.
Ds. Ward.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Raymond.
Ds. Sandys.
Ds. Feversham.

PRAYERS.

Peploe to take the Name of Peploe Birch, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Peploe Birch, an Infant, heretofore called John Peploe, to take and use the Surname of Peploe Birch only, pursuant to the Will of Samuel Birch 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."

Salt Duties, continuing, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Salt, and upon Red and White Herrings, for the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Land Tax Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-three."

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

It was Resolved in the Affirmative.

Mutiny Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

It was Resolved in the Affirmative.

Carleton to take the Name of Cumberbatch, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling Abraham Carleton Esquire, now called Abraham Cumberbatch, and his Issue Male, to take and use the Surname of Cumberbatch."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Four preceding Bills.

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

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

From Carlisle to Penrith and Emont Bridge, Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Roads from the City of Carlisle to the Town of Penrith, in the County of Cumberland, and from the said Town of Penrith to Emont Bridge, which divides the Counties of Cumberland and Westmorland."

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

D. Newcastle.
D. Portland.
E. Northampton.
E. Warwick.
E. Stamford.
E. Carlisle.
E. Shaftesbury.
E. Jersey.
E. Home.
E. Lauderdale.
E. Findlater.
E. Leven.
E. Breadalbane.
E. Aberdeen.
E. Marchmont.
E. Pomfret.
E. Fitzwalter.
E. Bath.
E. Fitzwilliam.
E. Egremont.
Viscount Leinster.
Ld. Abp. Cant.
L. Bp. Durham.
L. Bp. Carlisle.
L. Bp. Bangor.
L. Bp. Litch. & Cov.
L. Willoughby Par.
L. Strange.
L. Ward.
L. Foley.
L. Bathurst.
L. Onslow.
L. Ducie.
L. Raymond.
L. Sandys.
L. Feversham.

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

Stone Church, Staffordshire, to re-build, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Parishioners of the Parish of Stone, in the County of Stafford, to re-build the Church of the said Parish."

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.

Bewdley Roads, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening several Roads, leading from the Town of Bewdley, in the County of Worcester, to the several Places therein mentioned, in the Counties of Worcester and Salop respectively."

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.

Seend Street, to Box, Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the West End of Seend Street, in the County of Wilts, to The Horse and Jockey, in the Parish of Box, in the said County."

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.

The Bishop of Salisbury & al Leave for a Bill to sell Gilbert's Estates:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Lord Bishop of Salisbury 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 Sale of divers Lands and Hereditaments, in the County of Gloucester, devised by the Will of Alice Gilbert Spinster, for raising Money, to discharge several Debts and Legacies; and for laying out the Surplus in the Purchase of Lands, to be settled to the Uses of her Will."

L. Ward's Privilege:

Upon reading the Petition of Joseph Dixon Clerk, Charles Dixon, Benjamin Pickrell, and Edward Holt, in Custody of the Serjeant at Arms attending this House; setting forth, "That they are under the greatest Concern, for having incurred the Displeasure of this House, by a Breach of Privilege, in causing several Fences and Enclosures of Lands belonging to the Lord Ward to be pulled down and destroyed: That they have made their humble Submission, and begged Pardon of his Lordship, for their said Offence; and have obtained his Leave to apply to this House, in order to their Discharge; and that they are fully determined never to offend again in the like Kind; and therefore praying, in the most humble Manner, that they may be discharged out of Custody:"

Dixon & al. discharged.

It is Ordered, That the said Joseph Dixon, Charles Dixon, Benjamin Pickrell, and Edward Holt, be discharged out of Custody of the Serjeant at Arms, paying their Fees.

Small's 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 an undivided Share of Tithes, in the Isle of Wight, settled on John Foyle Small, Mary Small his Wife, and John Small their Son, an Infant; and for laying out the Money arising by such Sale in the Purchase of an Estate, in the County of Gloucester, to be settled to the same Uses," stands committed, may proceed on the said Bill, notwithstanding there is not yet any Agreement made for the Purchase of other Lands, as required by the said Standing Order:

And Consideration being had thereof accordingly:

Standing Order dispensed with.

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

E. of Carlisle's Privilege:

Complaint being made to the House, and Oath made at the Bar, "That John Richardson Attorney at Law, John Scaife, Thomas Bell, and David Hetherington, did, on the 21st of May last, cause certain Hedges and Fences of Lands and Closes, in the Manors of Brampton and Farlam, in the County of Cumberland, belonging to the Earl of Carlisle, to be pulled down and destroyed, in Breach of his Lordship's Privilege and the Privilege of this House:"

Richardson & al. to be attached, for breaking his Fences.

It is Ordered, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said John Richardson, John Scaife, Thomas Bell, and David Hetherington, and keep them in safe Custody until further Order of this House; and for so doing, this shall be a sufficient Warrant.

To Richard Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Bateman & al. against Conway & al.:

The House being informed, "That William Hamilton attended, in order to deliver in Copies of several Papers and Proceedings, in the Cause wherein Rowland Bateman Esquire and Richard Yielding Gentleman are Appellants, and Hugh Conway Gentleman and others Respondents:"

Papers delivered.

He was called in; and delivered, at the Bar, the said Copies; and attested upon Oath, "The same were true, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Adjourn.

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