House of Lords Journal Volume 28
January 1754

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History of Parliament Trust

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1767-1830

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183-193

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'House of Lords Journal Volume 28: January 1754', Journal of the House of Lords volume 28: 1753-1756 (1767-1830), pp. 183-193. URL: http://www.british-history.ac.uk/report.aspx?compid=114366 Date accessed: 20 April 2014. Add to my bookshelf


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January 1754

DIE Lunæ, 14o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Dunelm.
Epus. Sarum.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Litch. & Cov.
Epus. Norwic.
Ds. Hardwicke, Cancellarius.
Dux Bedford.
Dux Argyll.
Dux Newcastle.
March. Rockingham.
Comes Northampton.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Jersey.
Comes Moray.
Comes Lauderdale.
Comes Findlater.
Comes Leven.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Hyndford.
Comes Oxford.
Comes Buckinghamshire.
Comes Fitzwilliam.
Comes Egremont.
Comes Temple.
Comes Guilford.
Ds. Willoughby Par.
Ds. Bernard.
Ds. Cathcart.
Ds. Sandys.

PRAYERS.

Lettis against Jennings.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Lettis is Appellant, and George Jennings Esquire Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Maitland against Forbes.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Katherine Maitland is Appellant, and Major Arthur Forbes Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the next vacant Day for Causes after those already appointed.

Respondents peremptorily to answer Mackenzie's Appeal.

The House was informed, "That John Stuart and the other Respondents to the Appeal of Sir Kenneth Mackenzie Baronet had not put in their Answer thereto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Robert Gray, Writer in Edinburgh, of the due Service of the said Order, being read:

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

Newman's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to empower the Committee of the Estate of Elizabeth Kitchin Widow, a Lunatick, One of the Sisters and Coheirs of Sir Samuel Newman Baronet, deceased, to make Leases of her Estate during her Lunacy."

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

D. Bedford.
D. Argyll.
D. Newcastle.
M. Rockingham.
E. Northampton.
E. Winchilsea.
E. Carlisle.
E. Shaftesbury.
E. Jersey.
E. Moray.
E. Lauderdale.
E. Findlater.
E. Leven.
E. Breadalbane.
E. Aberdeen.
E. Marchmont.
E. Hyndford.
E. Oxford.
E. Buckinghamshire.
E. Fitzwilliam.
E. Egremont.
E. Temple.
E. Guilford.
L. Abp. York.
L. Bp. Durham.
L. Bp. Sarum.
L. Bp. Bath. & Wells.
L. Bp. Lincoln.
L. Bp. Litch. & Cov.
L. Bp. Norwich.
L. Willoughby P.
L. Bernard.
L. Cathcart.
L. Sandys.

Their Lordships, or any Five of them; to meet on Tuesday the 29th Instant, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Poe & al. against Gore.

A Petition of Thomas Poe Esquire and Martha Purefoy, Appellants in a Cause depending in this House, which stands for hearing on Wednesday next, was presented, and read; praying, "In regard the Petitioners cannot be fully prepared for the said Hearing by that Time, that the same may be put off till Friday next."

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

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off till Friday next, as desired; and that the other Causes be removed in Course.

St. Luke, Nightly Watch, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the better enlightening and cleansing the open Places, Squares, Streets, Lanes, Alleys, Passages, and Courts, within the Parish of Saint Luke, in the County of Middlesex; and regulating the Nightly Watch and Beadles; and for repairing the Highways within 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 at the usual Time and Place on Friday next.

Simonburn Common, and Kemp's Bills: Committees adjourned.

Ordered, That the Sitting of the Committee on the Bill, intituled, "An Act for dividing and enclosing Part of a certain Waste, or Common, called Simonburn Common, in the Manor and Parish of Simonburn, in the County of Northumberland;" and also on the Bill, intituled, "An Act for vesting the Estate of William Kemp Esquire, deceased, in Trustees, to be sold, pursuant to Articles; and for applying the Purchase-money for the Benefit of the Children of the said William Kemp, in such Manner as is directed by the said Articles;" which is appointed for To-morrow, be put off to Wednesday next.

Adjourn.

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

DIE Mercurii, 16o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Sarum.
Epus. Lincoln.
Epus. Carliol.
Epus. Litch & Cov.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Lothian.
Comes Northampton.
Comes Winchilsea.
Comes Sandwich.
Comes Carlisle.
Comes Shaftesbury.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Oxford.
Comes Halifax.
Comes Bath.
Comes Buckinghamshire.
Comes Fitzwilliam.
Comes Powis.
Comes Northumberland.
Comes Temple.
Comes Hertford.
Viscount Leinster.
Ds. Willoughby Par.
Ds. Cavendish.
Ds. Barnard.
Ds. Sandys.
Ds. Vere.

PRAYERS.

Simonburn Common to enclose, Bill.

The Earl of Carlisle reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing Part of a certain Waste, or Common, called Simonburn Common, in the Manor and Parish of Simonburn, in the County of Northumberland," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Daly's Petition referred to Judges.

Upon reading the Petition of Charles Daly of Callow in the County of Gallway and Kingdom of Ireland Esquire; praying Leave to bring in a Bill, for Sale of a competent Part of an Estate in the said County of Gallway, for discharging Debts and Encumbrances affecting the same:

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

Adjourn.

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

DIE Veneris, 18o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Oxon.
Epus. Sarum.
Epus. Bath. & Wells.
Epus. Carliol.
Epus. Bangor.
Epus. Glocester.
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Dux Portland.
March. Rockingham.
Comes Northampton.
Comes Winchilsea.
Comes Sandwich.
Comes Carlisle.
Comes Berkeley.
Comes Coventry.
Comes Lauderdale.
Comes Findlater.
Comes Aberdeen.
Comes Marchmont.
Comes Oxford.
Comes Pomfret.
Comes Bath.
Comes Buckinghamshire.
Comes Fitzwilliam.
Comes Northumberland.
Comes Temple.
Comes Hertford.
Viscount Fauconberg.
Viscount Leinster.
Viscount Folkestone.
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Ducie.
Ds. Sandys.
Ds. Anson.
Ds. Vere.

PRAYERS.

Maitland against Forbes.

The Answer of Major Arthur Forbes, alias Maitland, to the Appeal of Katherine Maitland, was brought in.

Kemp's Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Estate of William Kemp Esquire, deceased, in Trustees, to be sold, pursuant to Articles; and for applying the Purchase-money for the Benefit of the Children of the said William Kemp, in such Manner as is directed by the said Articles," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

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

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

Bate & al. Petition referred to Judges.

Upon reading the Petition of John Bate Clerk and Catherine Bate his Wife, formerly Wife of Hugh Barker Esquire, for themselves and on Behalf of Catherine Mary Bate, their only Child, who is an Infant; and also of Diana Barker, Widow of Hugh Barker Esquire, deceased, Son of the aforementioned Hugh Barker, for herself and on the Behalf of Diana Mary Barker, an Infant, her only Child by the said Hugh Barker the Son; praying Leave to bring in a Bill, for confirming the Settlement of the Rectory of Speen, in the County of Berks, upon the said Diana Barker and her Daughter; and for making Provision for the said Catherine Bate and her Issue, out of the rest of the Estate and Effects of the said Hugh Barker, pursuant to Articles therein mentioned:

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

Marquis of Granby & al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable John Manners Esquire, commonly called Marquis of Granby (Eldest Son and Heir Apparent of the Most Noble John Duke of Rutland) and the Right Honourable the Lady Frances commonly called Marchioness of Granby his Wife, One of the Daughters of the Most Noble Charles late Duke of Somerset, deceased, for themselves and on Behalf of the Right Honourable John Manners, commonly called Lord Roos, and the Lady Frances Manners, their Infant Son and Daughter, the Right Honourable Heneage Finch Esquire, commonly called Lord Guernsey (only Son and Heir Apparent of the Right Honourable Heneage Earl of Aylesford) and the Right Honourable Lady Charlotte his Wife, commonly called Lady Charlotte Guernsey, another of the Daughters of the said late Duke of Somerset, for themselves and on Behalf of the Honourable Heneage Finch, Charles Finch, and William Clement Finch, their Infant Sons, the Honourable Perey Windham O'Brion Esquire, and the Honourable George Grenville Esquire and Elizabeth his Wife, and also of the Right Honourable Charles Earl of Egremont, for himself and on Behalf of the Right Honourable George Wyndham, commonly called Lord Cockermouth, his only Son and Heir Apparent; praying Leave to bring in a Bill, for Sale of a Capital Messuage or Mansion-house, and other Premises, in Great Lincolns Inn Fields, in the County of Middlesex, discharged from the Uses and Entails thereof created by the Settlement and Will of Charles late Duke of Somerset; and for laying out the Money arising thereby in the Purchase of other Lands, to be settled to the like Uses:

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

Lord Fortescue's Petition referred to Judges.

Upon reading the Petition of the Right Honourable Matthew Lord Fortescue; praying Leave to bring in a Bill, for carrying into Execution certain Contracts, entered into by Hugh late Earl Clinton, deceased, for Sale of certain Estates, in the Manors of Ashweek and Kilmersden, in the County of Somerset; and for applying the Money arising thereby as Part of the Personal Estate of the said Earl:

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

Pryce & al. Petition referred to Judges.

Upon reading the Petition of John Powell Pryce of Newtown in the County of Montgomery Esquire and Elizabeth his Wife, Sir Everard Williams Baronet, and Richard Simeon Gentleman; praying Leave to bring in a Bill, for vesting all the Estates of the Petitioner John Powell Pryce, in the said County of Montgomery, in Trustees, to sell Part thereof, for discharging Encumbrances; and to settle and convey the Residue as therein mentioned:

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

Biddulph & al. Petition referred to Judges.

Upon reading the Petition of Sir Theophilus Biddulph of Elmhurst in the County of Stafford Baronet and Jane his Wife, and of Edward Biddulph, John Biddulph, and William Biddulph, Brothers of the said Sir Theophilus Biddulph, and John Biddulph and Mary his Wife, and Walter Biddulph, Uncles of the said Sir Theophilus Biddulph, in Behalf of themselves and their several Sons, who are Infants; praying Leave to bring in a Bill, for Sale of certain settled Estates, in the County of Stafford, and City and County of the City of Litchfield, for paying off Portions and Encumbrances affecting the same; and for laying out the Residue or Surplus of the Money arising by such Sale in the Purchase of other Lands, to be settled in the Manner 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.

Woollaston's Petition referred to Judges.

Upon reading the Petition of Josiah Woolaston Esquire, on Behalf of Sir Isaac Lawrence Woollaston Baronet, his Nephew, an Infant, of about the Age of Three Years; praying Leave to bring in a Bill, for Sale or Mortgage of an Estate at Haddenham in the Isle of Ely, and other Lands in the Counties of Huntingdon, Lincoln, and Norfolk, or a sufficient Part thereof, to raise Money for discharging Encumbrances upon the Manor of Lowesby, and Lands adjacent, in the County of Leicester:

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

Barber's Petition referred to Judges.

Upon reading the Petition of Robert Barber Esquire and Grace his Wife; praying Leave to bring in a Bill, for Sale of Part of certain settled Estates, in the Counties of Dorset, Wilts, and Somerset, for discharging of Debts and Encumbrances; and for Sale and Exchange of other Parts of the said settled Estates, for purchasing and acquiring Lands of equal or greater Value, to be settled in Lieu thereof:

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

Colebrooke's Petition referred to Judges.

Upon reading the Petition of Robert Colebrooke, James Colebrooke, and George Colebrooke, Esquires, Sons of James Colebrooke late of London Esquire, deceased; praying Leave to bring in a Bill, for vesting an undivided Sixth Part of the Petitioners, of and in the Manor of Goldstone, and divers Lands and Hereditaments, in the Parish of Ash, in the County of Kent, in Trustees, in order to enable them to concur in and execute such Acts as shall be necessary to confirm and establish the Partition thereof, as therein mentioned:

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

Paillet's Petition referred to Judges.

Upon reading the Petition of Leah Paillet Widow, and also of Clement Paillet and Anne his Wife, for themselves and on Behalf of their Three Sons, who are Infants; praying Leave to bring in a Bill, for vesting an Estate in Spittlefields and Poplar, in the County of Middlesex, in Trustees, in order to raise Money for repairing the Houses and Buildings upon the said Estate:

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.

Simonburn Common, to enclose, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing Part of a certain Waste or Common, called Simonburn Common, in the Manor and Parish of Simonburn, in the County of Northumberland."

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. Burroughs and Mr. Allen:

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

Forbes against Maitland: Cross Appeal.

Upon reading the Petition and Cross Appeal of Major Arthur Forbes, alias Maitland, of Pitrichie; complaining of the First Part of an Interlocutor of the Lords of Session in Scotland, of the 13th of July 1753; and praying, "That the same may be reversed, varied, or amended; and that the Appellant may have such other Relief in the Premises as to this House in their great Wisdom and Justice shall seem meet; and that Katherine Maitland may be required to put in her Answer to the said Appeal:"

It is Ordered, That the said Katherine Maitland may have a Copy of the said Appeal; and do put in her Answer thereunto, in Writing, on or before Friday the 15th Day of February next; and Service of this Order upon any of her Procurators or Agents shall be deemed good Service.

Poe and Purefoy against Gore.

After hearing Counsel in Part, in the Cause wherein Thomas Poe of the City of Dublin Esquire, and Martha Purefoy Widow and surviving Executrix of William Purefoy Esquire, deceased, are Appellants, and Booth Gore Esquire is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next; and that the Counsel be called in at One o'Clock; and that the other Causes be removed in Course.

Adjourn.

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

DIE Lunæ, 21o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Roffen.
Epus. Cicestr.
Epus. Sarum.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Dux Grafton, Camerarius.
Dux St. Albans.
Dux Newcastle.
Dux Manchester.
March. Lothian.
Comes Huntingdon.
Comes Northampton.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Plymouth.
Comes Poulet.
Comes Findlater.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Halifax.
Comes Pomfret.
Comes Bath.
Comes Fitzwilliam.
Comes Northumberland.
Comes Cornwallis.
Ds. Willoughby Par.
Ds. Wentworth.
Ds. Cathcart.
Ds. Sandys.

PRAYERS.

Vicar of Gilling and Mr. Shuttleworth Exchange Bill.

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

With a Bill, intituled, "An Act for confirming and establishing an Exchange, agreed upon between the Vicar of Gilling and James Shuttleworth Esquire, of certain Lands and Hereditaments in the County of York; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the Consideration thereof be referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Smith; who are forthwith to summon all Parties concerned therein; and, after hearing them, and perusing a Copy of the Bill attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Accompt of Orphans Fund delivered.

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

He was called in; and delivered, at the Bar,

"An Accompt of the Surplus of the Fund for the Relief of the Orphans and other Creditors of the City of London, on the 5th Day of July, 1753."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

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

Kemp's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Estate of William Kemp Esquire, deceased, in Trustees, to be sold, pursuant to Articles; and for applying the Purchase-money for the Benefit of the Children of the said William Kemp, in such Manner as is directed by the said Articles."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Poe and Purefoy against Gore.

After hearing Counsel further, in the Cause wherein Thomas Poe of the City of Dublin Esquire and Martha Purefoy Widow and surviving Executrix of William Purefoy Esquire deceased are Appellants, and Booth Gore Esquire is Respondent:

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

Adjourn.

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

DIE Martis, 22o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Cicestr.
Epus. Sarum.
Epus. Carliol.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Dux Marlborough, Senescallus.
Dux Grafton, Camerarius.
Dux Bedford.
Dux Devon.
Dux Newcastle.
Comes Lincoln.
Comes Northampton.
Comes Shaftesbury.
Comes Lauderdale.
Comes Findlater.
Comes Marchmont.
Comes Oxford.
Comes Harrington.
Ds. Willoughby Par.
Ds. Barnard.
Ds. Cathcart.
Ds. Sandys.

PRAYERS.

Forbes against Maitland: Cross Appeal.

The Answer of Katherine Maitland, to the Cross Appeal of Major Arthur Forbes, alias Maitland, of Pitrichie, was brought in.

Fitzgerald against Pole: Writ of Error.

The House being moved, "That a Day may be appointed, for hearing Counsel, to argue the Errors assigned upon a Writ of Error, wherein George Fitzgerald is Plaintiff, and Charles Pole Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Poe and Purefoy against Gore.

After hearing Counsel, as well on Friday last as Yesterday and this Day, upon the Petition and Appeal of Thomas Poe of the City of Dublin Esquire and Martha Purefoy, Widow and surviving Executrix of William Purefoy Esquire, deceased; complaining of an Order, or Decree, of the Court of Exchequer in Ireland, of the 16th of November 1752; and also of an Order, or Decree, of the said Court, of the 23d Day of February 1753, affirming the same; and praying, "That the said Orders, or Decrees, might be reversed; and that the Appellants might be otherwise relieved in the Premises as to this House should seem meet:" As also upon the Answer of Booth Gore Esquire put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Orders, or Decrees, therein complained of, be, and the same are hereby, affirmed.

Forbes's Cross Appeal to be heard, with the Original Appeal.

The House being moved, "That the Cause on the Cross Appeal of Major Arthur Forbes, alias Maitland, to which Katherine Maitland is Respondent, may be appointed to be heard at the same Time with the Original Appeal of the said Katherine Maitland:"

It is Ordered, That this House will hear Counsel, on the said Cross Appeal, at the same Time the Original Appeal stands appointed to be heard.

Magistrates of Culross against Cochrane & al.

Upon reading the Petition and Appeal of Robert Geddes and Robert Halkerston, Two of the Three Baillies of the Royal Borough of Culross, George Law Maltman in and Treasurer of the said Borough, John Erskine of Balgonie, James Adam Dyer, Robert Angus Husbandman, and Henry Gibson Husbandman, Four of the Eight Merchant Counsellors of the said Borough, and James Sands Deacon of Taylors, John Couston Deacon of Cordners, James Rolland Deacon of Smiths, William Robertson Deacon of Weavers, and John Drysdale Deacon of Baxters, being Five of the Six Trades Counsellors of the said Royal Borough; complaining of an Interlocutor of the Lords of Session in Scotland, of the 12th Day of this Instant January; and praying, "That the same may be reversed or varied; and that the Appellants may have such Relief in the Premises as to this House shall seem meet; and that James Cochrane Esquire, James Drysdale, Patrick Geddes, James Johnston, John Rolland, Robert Cowie, George Luck, George Meikle, John Birnie, William Aitken, John Reid, Robert Bald, William Sands, and Alexander Johnston, may be required to answer the said Appeal:"

It is Ordered, That the said James Cochrane, James Drysdale, Patrick Geddes, James Johnston, John Rolland, Robert Cowie, George Luck, George Meikle, John Birnie, William Aitken, John Reid, Robert Bald, William Sands, and Alexander Johnston, may have a Copy or Copies of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 19th Day of February next; and Service of this Order upon their Agents, Solicitors, or Procurators, in the Court below, shall be deemed good Service.

Douglas against Douglas.

Ordered, That the Cause wherein William Douglas Esquire is Appellant, and Isabel Douglas is Respondent, which stands appointed to be heard To-morrow, be put off till Thursday.

Adjourn.

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

DIE Jovis, 24o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Oxon.
Epus. Cicestr.
Epus. Lincoln.
Epus. Carliol.
Epus. Litch. & Cov.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Dux Manchester.
March. Lothian.
March. Rockingham.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Plimouth.
Comes Poulet.
Comes Rothes.
Comes Moray.
Comes Lauderdale.
Comes Findlater.
Comes Leven.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Hyndford.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Halifax.
Comes Fitzwilliam.
Comes Northumberland.
Comes Temple.
Comes Cornwallis.
Ds. Willoughby Par.
Ds. Barnard.
Ds. Cathcart.
Ds. Ducie.
Ds. Sandys.
Ds. Vere.

PRAYERS.

Mr. Quarme appointed Yeoman Usher.

The Lord Chancellor acquainted the House, "That Sir Henry Bellenden, Gentleman Usher of the Black Rod, had appointed Robert Quarme Esquire to be Yeoman Usher, in the room of Sir William Sanderson Baronet, deceased."

Vicar of Gilling and Shuttleworth Exchange, Bill.

After reading, and considering, the Report of the Judges to whom was referred the Consideration of the Bill, intituled, "An Act for confirming and establishing an Exchange, agreed upon between the Vicar of Gilling and James Shuttleworth Esquire, of certain Lands and Hereditaments, in the County of York; and for other Purposes therein mentioned:"

It is Ordered, That the said Bill may be read a Second Time.

And the same being read accordingly:

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

D. Argyll.
D. Manchester.
M. Lothian.
M. Rockingham.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Carlisle.
E. Shaftesbury.
E. Litchfield.
E. Plimouth.
E. Poulet.
E. Rothes.
E. Moray.
E. Lauderdale.
E. Findlater.
E. Leven.
E. Breadalbane.
E. Aberdeen.
E. Marchmont.
E. Hyndford.
E. Oxford.
E. Strafford.
E. Tankerville.
E. Halifax.
E. Fitzwilliam.
E. Northumberland.
E. Temple.
E. Cornwallis.
Ld. Bp. Durham.
L. Bp. Oxford.
L. Bp. Chichester.
L. Bp. Lincoln.
L. Bp. Carlisle.
L. Bp. Litch. & Cov.
L. Bp. Gloucester.
Ld. Willoughby Par.
L. Barnard.
L. Cathcart.
L. Ducie.
L. Sandys.
L. Vere.

Their Lordships, or any Five of them; to meet on Friday the 8th Day of February next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sir A. Gordon & al. against Sir A. Grant & al.

Upon reading the Petition and Appeal of Sir Alexander Gordon of Lesmore Baronet and William Abernethy of Crimonmoggat Esquire; complaining of an Interlocutor of the Lords of Session in Scotland, of the 16th Day of this Instant January; and praying, "That the same may be reversed; and that the Appellants may have such Relief as to this House in their great Wisdom shall seem meet; and that Sir Archibald Grant Baronet and George Turner Sheriff-Clerk of the Shire of Aberdeen, may be required to answer the said Appeal:"

It is Ordered, That the said Sir Archibald Grant and George Turner may have a Copy or Copies of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 21st Day of February next; and Service of this Order on any of their Lawyers or Agents shall be deemed good Service.

Sir Kenneth Mackenzie against Stuart & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir Kenneth Mackenzie Baronet is Appellant, and John Stuart and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Col. Haldane to enter into Recognizance for the Magistrates of Culross.

The House being moved, "That Colonel George Haldane may be permitted to enter into a Recognizance for Robert Geddes and Robert Halkerston, Two of the Baillies of Culross, and others, on account of their Appeal depending in this House:"

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

Douglas against Douglas.

After hearing Counsel in Part, in the Cause wherein William Douglas Esquire is Appellant, and Isobel Douglas is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Counsel be called in at One o'Clock; and that the other Causes be removed in Course.

Adjourn.

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

DIE Veneris, 25o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm.
Epus. Roffen.
Epus. Cicestr.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Dux Portland.
March. Lothian.
Comes Northampton.
Comes Shaftesbury.
Comes Berkeley.
Comes Poulet.
Comes Rothes.
Comes Moray.
Comes Findlater.
Comes Leven.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Halifax.
Comes Fitzwilliam.
Comes Powis.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Sandys.

PRAYERS.

Douglas against Douglas:

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of William Douglas Esquire late of Kinglassie, and Thomas Belsches his Trustee; complaining of an Interlocutor of the Lords of Session in Scotland, of the 3d Day of February 1753; and praying, "That the same might be reversed; and that this House would give the Appellant such Relief in the Premises as to their Lordships in their great Wisdom and Justice should seem meet:" As also upon the Answer of Mrs. Isobel Douglas, Sister and Disponee of the deceased Major General William Douglas of Kirkness, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Interlocutor therein complained of be, and the same is hereby, affirmed.

Bor's Petition to receive his Appeal.

A Petition of Gerard Bor, an Infant, by William Cooper Esquire his Guardian, was presented, and read; setting forth, "That the Petitioner has been advised to appeal from a Decree of the Court of Chancery in Ireland; but that his Agent there, being ignorant of their Lordships Standing Order limiting the Time for receiving Appeals, did not send the same from Dublin, to be perused by Counsel here, till the Tenth Day of this Instant January;" and therefore praying, "In regard the Petitioner did not get his said Appeal settled and signed by Counsel till last Night, that the same may be received, notwithstanding the Time limited by the said Standing Order is expired."

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

And being withdrawn:

Ordered, That the said Appeal be received, as desired.

Bor against Bor.

Upon reading the Petition and Appeal of Gerard Bor, a Minor, of the Age of Seven Years or thereabouts, by William Cooper Esquire his Guardian; complaining of a Decree of the Court of Chancery in Ireland, of the 8th Day of June 1753; and praying, That the same may be reversed or varied; and that this House will give the Petitioner such further and other Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that Jacob Bor may be required to answer the said Appeal:"

It is Ordered, That the said Jacob Bor 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 First Day of March next; and that Service of this Order on his Six Clerk or Agent shall be deemed good Service.

Adjourn.

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

DIE Lunæ, 28o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffen.
Epus. Wigorn.
Epus. Cicestr.
Epus. Carliol.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Manchester.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Shaftesbury.
Comes Plymouth.
Comes Findlater.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Oxford.
Comes Halifax.
Comes Macclesfield.
Comes Pomfret.
Comes Bath.
Comes Fitzwilliam.
Comes Egremont.
Comes Temple.
Comes Guilford.
Comes Cornwallis.
Ds. Willoughby Par.
Ds. Cavendish.
Ds. Barnard.
Ds. Bathurst.
Ds. Ducie.
Ds. Sandys.
Ds. Vere.

PRAYERS.

Gordon to enter into a Recognizance for Sir Alex, Gordon & al.

The House being moved, "That Mr. Daniel Hugh Gordon may be permitted to enter into a Recognizance for Sir Alexander Gordon and William Abernethy Esquire, on account of their Appeal depending in this House:"

It is Ordered, That the said Daniel Hugh Gordon may enter into a Recognizance for the said Appellants, as desired.

Browne against Byrne:

The House being informed, "That Thomas Costello attended, in order to deliver in Copies of certain Orders and Proceedings, relating to a Cause depending in this House, wherein John Browne Esquire is Appellant, and Margaret Byrne otherwise Birmingham is Respondent:"

Pleadings proved.

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

And then he withdrew.

Downes against Commissioners of Victualing.

After hearing Counsel in Part, in the Cause wherein Edward Downes, Executor of Charles Weekes, is Appellant, and the Commissioners for victualing His Majesty's Navy and His Majesty's Attorney General are Respondents:

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

Adjourn.

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

DIE Martis, 29o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Wigorn.
Epus. Carliol.
Epus. Bangor.
Epus. Litch. & Cov.
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Shaftesbury.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Lauderdale.
Comes Aberdeen.
Comes Marchmont.
Comes Pomfret.
Comes Bath.
Comes (fn. 1) Fitzwilliam.
Comes Powis.
Comes Egremont.
Viscount Fauconberg.
Viscount Folkestone.
Ds. Willoughby Par.
Ds. Cavendish.
Ds. Sandys.

PRAYERS.

Browne against Byrne.

The Answer of the Honourable Margaret Byrne otherwise Benningham, to the Appeal of John Browne Esquire, was brought in.

Leith Harbour, to improve, Bill.

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

With a Bill, intituled, "An Act for improving and enlarging the Harbour of Leith; and to empower the Trustees therein mentioned to purchase Lands for that Purpose; and for erecting Docks and other Conveniencies on the Sides thereof;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Henley, for Leave to present a Petition for a Bill, to dissolve his Marriage:

A Petition of Peter Henley Esquire, was presented, and read; setting forth, "That the Petitioner obtained a Sentence of Divorce from Susanna Roberts his now Wife, for Adultery, on Saturday the 26th Instant;" and praying, "In regard the said Sentence was obtained since the Expiration of the Time limited by this House for receiving Petitions for Private Bills; that their Lordships will give him Leave to present a Petition, for bringing in a Bill to dissolve his Marriage, and to enable him to marry again."

Ordered, That the Petitioner be at Liberty to present his Petition, as desired.

Leave for a Bill:

Accordingly, a Petition of the said Peter Henley, was presented, and read; praying Leave to bring in a Bill, to dissolve his Marriage with the said Susannah; and to enable him to marry again; and for other Purposes therein mentioned.

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

Bill read.

Accordingly the Earl of Northumberland presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Peter Henley Esquire with Susannah Roberts his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time on Thursday the 14th Day of February next, and Notice thereof affixed on the Doors of this House; and the Lords to be summoned; and that the said Peter Henley may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Susannah Roberts may have a Copy of the said Bill; and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at that Time.

Downes against Commissioners of Victualing:

After hearing Counsel, as well Yesterday as this Day upon the Petition and Appeal of Edward Downes, Executor of Charles Weekes; complaining of a Decree of the Court of Exchequer, of the 21st Day of February 1753, made in a Cause wherein the Appellant was Plaintiff, and Thomas Revell, Thomas Salusbury late Thomas Brereton, William Hay, Thomas Trefusis, Richard Hall, James Wallace, and William Jenkins Esquire, Sir Francis Haskins Eyles Stiles Baronet, Francis Vernon, Horatio Townshend, and Tyrwhit Cayley Esquire, the late and present Commissioners for victualing His Majesty's Navy, Henry Harley, and Sir Dudley Ryder Knight, His Majesty's Attorney General, were Defendants; and praying, "That the said Decree might be reversed, or such Relief granted the Appellant in the Premises as to this House in their great Wisdom should seem meet:" As also upon the Answer of His Majesty's said Attorney General, Thomas Salusbury late Thomas Brereton, William Hay, Thomas Trefusis, Richard Hall, James Wallace, Sir Francis Haskins Eyles Stiles, Horatio Townshend, Francis Vernon, and William Jenkins, Esquires, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed, with Variations.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That, in the said Decree, after the Words ["be retained for"], the Words ["a Year"] be left out, and the Words ["Two Years"] inserted instead thereof; and that, after the Words ["for the Plaintiff to bring"], the Words ["his Action"] be left out, and the Words ["an Action in the Name of the said Henry Harley"] inserted instead thereof; and that, after the Words ["as their Act and Deed"], these Words be added, ["And in case the Deposition of the said Henry Harley shall be offered to be read at the Trial of the said Action, the Respondents shall not make any Objection thereto by reason of his being named Plaintiff in such Action; but saving to the said Respondents all other Objections, either to the Competency or Credit of the said Henry Harley"]: And, upon the Consent of the Respondents Counsel signified at the Bar, it is further Ordered, That, notwithstanding the Death of the said Henry Harley, the Appellant be at Liberty to proceed in his Name as if living; and no Advantage to be taken on the said Trial, or by Writ of Error, on account of his Death: And it is further Ordered and Adjudged, That, with these Variations and Additions, the said Decree be, and the same is hereby, affirmed.

Newman's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to empower the Committee of the Estate of Elizabeth Kitchin Widow, a Lunatick, One of the Sisters and Co-heirs of Sir Samuel Newman Baronet, deceased, to make Leases of her Estate during her Lunacy," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

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

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

Gordon against His Majesty's Advocate: Judges to attend.

Ordered, That the Judges do attend this House on Friday next, upon hearing the Cause wherein John Gordon Esquire is Appellant, and His Majesty's Advocate for Scotland, for His Majesty's Interest, is Respondent.

Adjourn.

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

DIE Mercurii, 30o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Bangor.
Epus. Norwic.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.

PRAYERS.

In order to solemnize this Day; being, by Act of Parliament, appointed to be observed as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First;

Adjourn.

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

Footnotes

1 Bis in Originali.