House of Lords Journal Volume 28
February 1754, 1-10

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History of Parliament Trust

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1767-1830

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193-202

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'House of Lords Journal Volume 28: February 1754, 1-10', Journal of the House of Lords volume 28: 1753-1756 (1767-1830), pp. 193-202. URL: http://www.british-history.ac.uk/report.aspx?compid=114367 Date accessed: 01 October 2014.


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February 1754, 1-10

DIE Veneris, 1o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffen.
Epus. Wigorn.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Litch. & Cov.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Dux Portland.
Dux Manchester.
March. Lothian.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Moray.
Comes Findlater.
Comes Leven.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Oxford.
Comes Fitzwilliam.
Comes Powis.
Comes Egremont.
Comes Temple.
Comes Cornwallis.
Ds. Willoughby Par.
Ds. Cavendish.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Sandys.
Ds. Vere.

PRAYERS.

Thanks to the Bp. of St. Davids, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Saint Davids, for the Sermon by him preached before this House, on Wednesday last, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be forthwith printed and published.

King's Speech to be considered.

Ordered, That the last Paragraph of His Majesty's most Gracious Speech from the Throne, to both Houses of Parliament, on Thursday the 15th Day of November last, be taken into Consideration on this Day Sevennight; and that the Lords be summoned.

Mourgue's Nat. Bill.

A Message was brought from the House of Commons, by Sir Francis Drake and others:

With a Bill, intituled, "An Act for naturalizing Daniel Mourgue Merchant;" to which they desire the Concurrence of this House.

Lettis to withdraw his Appeal, on paying the Respondent's Costs.

A Petition of George Lettis, Appellant in a Cause depending in this House, which stands appointed to be heard on Monday next, was presented, and read; setting forth, "That he has been advised that he will be deprived of a material Part of his Defence, unless he could be at Liberty to read certain Deeds and Evidences, which were not read at the Hearing of the Cause in the Court of Exchequer, but which he cannot have the Benefit of in this House unless the Cause is re-heard before the said Court;" and therefore praying, "That he may be at Liberty to withdraw his said Appeal, without Costs, in order to rehear the said Cause before the said Court of Exchequer."

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

And being withdrawn:

Ordered, That the Petitioner be at Liberty to withdraw his Appeal, upon Payment of Thirty Pounds to the Respondent, for his Costs sustained by reason of the bringing of the said Appeal.

Report of Commissioners of Greenwich Hospital delivered.

The House being informed, "That Mr. Horne, from the Commissioners of Greenwich Hospital, attended:"

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

"A Report of the said Commissioners, of what Money has been received from the Derwentwater Estate, between the 1st of December 1752, and 30th of November 1753; and of their Proceedings in carrying on the Building."

And then he withdrew.

And the Title thereof being read, by the Clerk:

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

Gordon against His Majesty's Advocate.

After hearing Counsel in Part, in the Cause wherein John Gordon Esquire is Appellant, and His Majesty's Advocate for Scotland, for His Majesty's Interest, is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next; and that the Judges do then attend.

Leith Harbour, Bill.

Hodie 2a vice lecta est Billa, 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."

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

D. Argyll.
D. Portland.
D. Manchester.
M. Lothian.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Coventry.
E. Jersey.
E. Moray.
E. Findlater.
E. Leven.
E. Breadalbane.
E. Aberdeen.
E. Marchmont.
E. Oxford.
E. Fitzwilliam.
E. Powis.
E. Egremont.
E. Temple.
E. Cornwallis.
Ld. Bp. Rochester.
L. Bp. Worcester.
L. Bp. Bath & Wells.
L. Bp. Lincoln.
L. Bp. Litch. & Cov.
L. Bp. Gloucester.
Ld. Willoughby Par.
L. Cavendish.
L. Foley.
L. Bathurst.
L. Ducie.
L. Sandys.
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.

Gordon to enter into a Recognizance for Bor.

The House being moved, "That Mr. Daniel Hugh Gordon may be permitted to enter into a Recognizance for Gerard Bor, on account of his Appeal depending in this House; he being in Ireland:"

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

Newman's Bill:

Hodie 3a 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 Co-heirs of Sir Samuel Newman Baronet, deceased, to make Leases of her Estate, during her Lunacy."

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. Montague:

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

Adjourn.

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

DIE Lunæ, 4o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Oxon.
Epus. Wigorn.
Epus. Cicestr.
Epus. Lincoln.
Epus. Asaphen.
Ds. Hardwicke, Cancellarius.
March. Lothian.
Comes Northampton.
Comes Winchilsea.
Comes Scarborough.
Comes Poulet.
Comes Rothes.
Comes Morton.
Comes Moray.
Comes Lauderdale.
Comes Findlater.
Comes Leven.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Bath.
Comes Powis.
Comes Egremont.
Comes Temple.
Comes Cornwallis.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Ward.
Ds. Barnard.
Ds. Cathcart.
Ds. Onslow.
Ds. Ducie.
Ds. Raymond.
Ds. Sandys.

PRAYERS.

Leith Harbour, Bill.

The Earl of Findlater reported from the Lords Committees to whom the 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," 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."

Forbes against Maitland; & è contra.

A Petition of Major Arthur Forbes, Respondent to the Appeal of Katherine Maitland, which stands for hearing on Wednesday next, was presented and read; setting forth, "That the Proceedings in this Cause are very long, and but lately transmitted;" and therefore praying, "In regard the Petitioner cannot be prepared for the said Hearing by that Day, that the same may be put off till Monday the 11th Instant."

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 Monday the 11th Instant.

Fitzgerald against Pole.

Ordered, That the Hearing of the Cause, upon the Writ of Error, wherein George Fitzgerald is Plaintiff, and Charles Pole is Defendant, which is appointed for Friday next, be put off till Wednesday the 13th Instant; and the other Cause removed in Course.

Piercebridge, to Kirkmerrington, Road, Bill.

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

With a Bill, intituled, "An Act for enlarging the Terms and Powers granted by an Act passed in the Twenty-first Year of the Reign of His present Majesty, for repairing the High Road from Piercebridge to Kirkmerrington, in the County of Durham, and from thence to the Turnpike Road at Tudboe Lane End, in the said County; and for making the same more effectual;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Mourgue's Nat. Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing Daniel Mourgue Merchant."

Rilliet to be added to it.

Upon reading the Petition of Amy Rilliet; praying, "That his Name may be inserted in the said Bill:"

It is Ordered, That the said Petition do lie upon the Table till the said Bill be read a Second Time.

Colebrooke & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Robert Colebrooke Esquire 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 vesting the undivided Sixth Part of Robert Colebrooke Esquire of and in the Manor of Goldstone, and divers Lands in the Parish of Ash, in the County of Kent, in Trustees and their Heirs, to enable them to make such Conveyances thereof as shall be necessary for effecting a Partition agreed upon between the said Robert Colebrooke and the Owners of the other undivided Parts of the same Manor and Premises."

Bonifas's Petition for a Bill, for his Naturalization:

Upon reading the Petition of Paul Bonifas; praying Leave to bring in a Bill, for his Naturalization:

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

Bill presented and read.

Accordingly, the Lord Bishop of Saint Asaph presented a Bill, intituled, "An Act for naturalizing Paul Bonifas."

And the same was read the First Time.

Sir Hed. Williamson & al. Leave to petition for a Bill:

A Petition of Sir Hedworth Williamson Baronet and Dame Elizabeth his Wife, on Behalf of themselves and others, was presented and read; setting forth, "That the Petitioners have prepared a Petition, to be presented to this House, for Leave to bring in a Private Bill; but, the Parties being many in Number, and living at great Distance from each other, and in Six different Counties, they have not been able to get the said Petition signed by all the Parties within the Time limited by Order of this House for receiving Petitions for Private Bills;" and therefore praying, "That their Lordships will be pleased to receive their said Petition."

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

Petition read, and referred to Judges.

Accordingly, a Petition of Sir Hedworth Williamson Baronet and Dame Elizabeth his Wife, One of the Two Daughters of William Hudleston late of Millom Castle in the County of Cumberland Esquire, deceased, for themselves, and on the Behalf of their Three Sons, William Hudleston Williamson, Hedworth Williamson, and Thomas Williamson, who are all Infants; and also of Isabella Hudleston Spinster, the other Daughter of the said William Hudleston; and also of Ann Elizabeth Wilson, Sarah Hudleston Spinster, Henry Probyn and Isabella his Wife, for themselves, and on the Behalf of their Sons Henry Probyn and William Probyn, both Infants, Townley Rigby Esquire and Gertude his Wife, formerly Wife of the said William Hudleston; and also of Andrew Hudleston Esquire, for himself, and on the Behalf of Andrew Hudleston and William Hudleston, his Two Sons, both Infants; and also of William Whinfield his Son, an Infant; and also of William Gale Gentleman; was presented, and read; praying Leave to bring in a Bill, for discharging certain Estates, devised by the Will of William Hudleston Esquire, deceased, from the Jointure of the Petitioner Gertrude Rigby; and for charging other Estates, devised by the same Will, with an Annuity in Lieu thereof; and for other Purposes therein mentioned.

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.

Gordon against His Majesty's Advocate:

After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of John Gordon Esquire, Second Son of Sir James Gordon of Park, deceased; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 22d of November and 6th of December 1751, and 18th of February 1752, made on Behalf of His Majesty's Advocate for Scotland; and praying, "That the same might be reversed; and that the Appellant might have such Relief as to their Lordships in their great Wisdom and Justice should seem meet:" As also upon the Answer of William Grant Esquire, His Majesty's Advocate for Scotland, on Behalf of His Majesty, put in to the said Appeal; the following Case and Question of Law being stated and proposed to the Judges; videlicet,

Judges Opinion:

"Tenant in Tail Male of Lands in England, with Remainder over, is attainted of High Treason, and the Estate Tail thereby forfeited to the Crown. After this Attainder, Tenant in Tail has Issue Male born in Foreign Parts, out of the Liegance of the Crown of Great Britain; and dies, leaving such Issue Male."

Question. "Is the Estate or Interest in the Lands, which was forfeited to the Crown as aforesaid, continuing or determined?"

The Lord Chief Baron of the Court of Exchequer delivered the unanimous Opinion of the Judges present:

"That the Estate or Interest in the Lands, so forefeited to the Crown as aforesaid, is determined."

Interlocutors reversid, and Directions given.

Whereupon, and upon due Consideration had of what was offered on either Side in this Cause, it is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors complained of in the said Appeal be, and the same are hereby, reversed: And it is hereby Declared and Adjudged, That, in the Event which has happened, the Appellant hath Right to the Estate and Barony of Park, according to the Substitution to the Heirs Male of the said Sir James Gordon's Body, mentioned in the Judgement of this House of the 21st of May 1751: And it is hereby Ordered, That he be allowed the Benefit of such Right; and that it be remitted to the Court of Session in Scotland, to make such Order, and to proceed in such Manner, for putting the Appellant in Possession of the Premises, and also concerning the Profits thereof accrued since the Death of the late Sir William Gordon the Person attainted, as is competent to the said Court, and agreeable to Law and Justice.

Stirling, Leave to appeal, though out of Time.

A Petition of Captain John Stirling of Herbertshire, in the County of Stirling, was presented, and read; setting forth, "That he, conceiving himself aggrieved by an Interlocutor of the Lords of Session in Scotland, did therefore get his Counsel below to prepare an Appeal, to be presented to this House; which was sent from Edinburgh in a Letter to Colonel Haldane, dated the 24th Day of January last; but which did not come to the Post-office in London till Friday last, as appears by the Post Mark on the Back of the said Letter;" and praying, That he may be at Liberty to present his said Appeal, in regard the same, if it had come regularly by the Post, might have been lodged within the Time prescribed by their Lordships Standing Order."

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

And being withdrawn:

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

Stirling against Campbell.

Upon reading the Petition and Appeal of Captain John Stirling of Herbertshire in the County of Stirling; complaining of certain Parts of an Interlocutor of the Lords of Session in Scotland, of the 10th Day of January 1754, made on the Behalf of Archibald Campbell, Younger, of Succoth, Writer to the Signet in Scotland; and praying, "That the same may be reversed; or that this House will please to grant the Appellant such other Relief as their Lordships in their great Wisdom shall think proper:"

It is Ordered, That the said Archibald Campbell may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Monday the 4th Day of March next; and that Service of this Order upon his Procurator or Agent before the said Court of Session be deemed good Service.

Witnesses to attend, upon Henley's Bill of Divorce.

Ordered, That John Grierson, William Carwardine, Mary Vernon, Mary Walker, Judith Willis, Garret Cavenagh, William Skelton, Elizabeth Mackoun, Elizabeth Porter, Henry Waartz, John Harrison, and James Gibson, do attend this House, on Thursday the 14th Day of this Instant February, as Witnesses, upon the Second Reading of the Bill to dissolve the Marriage of Peter Henley Esquire; and to enable him to marry again; and for other Purposes therein mentioned.

Adjourn.

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

DIE Martis, 5o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffen.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Dux Manchester.
Comes Northampton.
Comes Winchilsea.
Comes Shaftesbury.
Comes Findlater.
Comes Leven.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Halifax.
Comes Fitzwilliam.
Comes Powis.
Comes Guilford.
Comes Cornwallis.
Viscount Say & Seale.
Ds. Willoughby Par.
Ds. Cavendish.
Ds. Ward.
Ds. Cathcart.
Ds. Onslow.
Ds. Montfort.
Ds. Sandys.

PRAYERS.

E. of Powis, Leave to petition for a Bill;

A Petition of the Earl and Countess of Powis, was presented, and read; setting forth, "That the Petitioners have prepared a Petition for a Private Bill; but, by reason of several Persons interested therein living in Ireland, the Petitioners have not been able to present the same within the Time limited by Order of this House for receiving Petitions for Private Bills;" and praying, "That they may be at Liberty to present their said Petition, notwithstanding the Time limited as aforesaid is expired."

Ordered, That the Petitioners be at Liberty to present the said Petition, as desired.

Petition read, and referred to Judges.

Accordingly, a Petition of the said Earl and Countess of Powis was presented, and read; praying Leave to bring in a Bill, to rectify several Defects, Mistakes, and Omissions, in the Deeds, Writings, and Common Recovery, in the said Petition mentioned, and the Proceedings relating thereto.

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.

Welton Common Fields to enclose, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Pieces, Common Grounds, and Waste Ground, in the Manor and Parish of Welton, in the County of Northampton;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Speke's Guardians Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Dame Anne Drake Widow, Relict and Executrix of George Speke Esquire, deceased, 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.

Speke's Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for empowering Anne Speke, an Infant, to make Leases and Copyhold Grants of her Estates in the County of Somerset, during her Minority; and for other Purposes therein mentioned."

Uckfield Road, Bill.

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

With a Bill, intituled, "An Act for amending, widening, and keeping in Repair, the Road leading from Union Point, near the Town of Uckfield, in the County of Sussex, to Langney Bridge, in the Parish of Westham, in the said County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Leith Harbour Bill:

Hodie 3a vice lecta est Billa, 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."

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. Elde and Mr. Burroughs:

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

Piercebridge to Kirkinerrington, Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twenty-first Year of the Reign of His present Majesty, for repairing the High Road from Piercebridge to Kirkmerrington, in the County of Durham, and from thence to the Turnpike Road at Tudhoe Lane End, in the said County; and for making the same more effectual."

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

D. Argyll.
D. Manchester.
E. Northampton.
E. Winchilsea.
E. Shaftesbury.
E. Findlater.
E. Leven.
E. Breadalbane.
E. Aberdeen.
E. Marchmont.
E. Halifax.
E. Fitzwilliam.
E. Powis.
E. Guilford.
E. Cornwallis.
V. Say & Seale.
L. Abp. York.
L. Bp. Rochester.
L. B. St. Asaph.
L. B. Litch. & Cov.
L. B. Gloucester.
L. Willoughby Par.
L. Cavendish.
L. Ward.
L. Cathcart.
L. Onslow.
L. Montfort.
L. Sandys.

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

Persons sworn, in order to their Naturalization.

Paul Bonifas and Amy Rilliet were called in, and took the Oaths appointed, in order to their Naturalization.

Bonifas's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Paul Bonifas."

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.

Mourgue's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Daniel Mourgue Merchant."

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 Amy Rilliet; praying, "That his Name may be inserted in the said Bill," be referred to the said Committee.

Colebrooke's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the undivided Sixth Part of Robert Colebrooke Esquire, of and in the Manor of Goldstone, and divers Lands in the Parish of Ash, in the County of Kent, in Trustees, and their Heirs, to enable them to make such Conveyances thereof as shall be necessary for effecting a Partition agreed upon between the said Robert Colebrooke and the Owners of the other undivided Parts of the same Manor and Premises."

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 20th Instant, at the usual Time and Place; and to adjourn as they please.

Commerell, Leave for a Nat. Bill:

Upon reading the Petition of John Ulric Commerell; praying, "That Leave may be given to bring in a Bill, for his Naturalization:"

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

Bill read.

Accordingly, the Lord Willoughby of Parham presented to the House a Bill, intituled, "An Act for naturalizing John Ulric Commerell."

And the same was read the First Time.

Adjourn.

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

DIE Jovis, 7o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffen.
Epus. Lincoln.
Epus. St. Asaph.
Epus. Litch. & Cov.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Lothian.
Comes Northampton.
Comes Stamford.
Comes Winchilsea.
Comes Shaftesbury.
Comes Scarborough.
Comes Poulet.
Comes Moray.
Comes Findlater.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Bath.
Comes Egremont.
Comes Cornwallis.
Viscount Say & Seale.
Viscount Fauconberg.
Ds. Willoughby Par.
Ds. Ward.
Ds. Onslow.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Sandys.

PRAYERS.

Piercebridge to Kirkmerrington, Road, Bill.

The Lord Bishop of Saint Asaph reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twenty-first Year of the Reign of His present Majesty, for repairing the High Road from Piercebridge to Kirkmerrington, in the County of Durham, and from thence to the Turnpike Road at Tudhoe Lane End, in the said County, and for making the same more effectual," 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."

Bonifas's Nat. Bill.

The Lord Bishop of Saint Asaph also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Paul Bonifas," 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.

Mourgue's Nat. Bill.

The Lord Bishop of Saint Asaph also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Daniel Mourgue Merchant," 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 Amendments, being read Twice by the Clerk, were agreed to by the House.

Speke, to grant Leases, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for empowering Ann Speke, an Infant, to make Leases and Copyhold Grants of her Estates in the County of Somerset, during her Minority; and for other Purposes therein mentioned."

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

D. Argyll.
D. Newcastle.
D. Portland.
D. Manchester.
M. Lothian.
E. Northampton.
E. Stamford.
E. Winchilsea.
E. Shaftesbury.
E. Scarborough.
E. Poulet.
E. Moray.
E. Findlater.
E. Breadalbane.
E. Aberdeen.
E. Marchmont.
E. Bath.
E. Egremont.
E. Cornwallis.
V. Say & Sele.
V. Fauconberg.
L. Abp. York.
L. B. Rochester.
L. B. Lincoln.
L. B. St. Asaph.
L. B. Litch. & Cov.
L. B. Gloucester.
L. Willoughby Par.
L. Ward.
L. Onslow.
L. Ducie.
L. Monson.
L. Raymond.
L. Sandys.

Their Lordships, or any Five of them; to meet on Friday the 22d Instant, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Tenison & al. Leave to petition for a Private Bill:

A Petition of Thomas Tenison an Infant, under the Age of Twenty-one Years, Peter St. Eloy Esquire, and Samuel Smith Merchant, was presented, and read; setting forth, "That the Petitioner, the Infant, being seised of a Freehold Lease for Lives, held from the Dean and Chapter of Canterbury, on which One Life only is now subsisting; upon Application to the Dean and Chapter for a Renewal thereof, some Doubts have arisen, relating to the Surrender of the present Lease, as the same is vested in the said Infant; and that One of the Lives named in the said Lease died so lately that the Petitioners have not been able to prepare the Requisites necessary for an Application to this House within the Time limited by their Lordships Order for receiving Petitions for Private Bills;" and therefore praying, "That they may have Leave to present their Petition, notwithstanding the Time limited is expired."

Ordered, That the Petitioners be at Liberty to present their said Petition, as desired.

Petition read, and referred to Judges.

Accordingly, a Petition of the said Thomas Tenison, and Peter St. Eloy, and Samuel Smith, Administrators with the Will annexed of Anne Tenison Widow, deceased, Grandmother of the said Thomas Tenison, during his Minority, was presented, and read; praying Leave to bring in a Bill, for vesting a Lease for Lives granted by the Dean and Chapter of Canterbury (which is now vested in the said Thomas Tenison the Infant), in the said Peter St. Eloy and Samuel Smith, and their Heirs, in Trust, for the Purposes therein mentioned.

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

Uckfield Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the Road leading from Union Point, near the Town of Uckfield, in the County of Sussex, to Langney Bridge, in the Parish of Westham, 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 Monday next, at the usual Time and Place; and to adjourn as they please.

Commerell's Nat. Bill.

John Ulric Commerell was called in; and, at the Bar, took the Oaths appointed, in order to his Naturalization.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Ulric Commerell."

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

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

His Majesty's Advocate Leave to appeal, though out of Time:

A Petition of His Majesty's Advocate for Scotland was presented and read; setting forth, "That, the Petitioner thinking it adviseable to appeal from Interlocutors of the Lords of Session in Scotland, his said Petition of Appeal was, by the Death of his Agent in Scotland, omitted to be sent so as to be presented within the Time limited for receiving Appeals by their Lordships Standing Order;" and therefore praying, "In regard the Interest of the Crown may be greatly affected should the Appeal be delayed till the next Session, that their Lordships would be pleased to receive his said Appeal."

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.

His Majesty's Advocate against Urquhart.

Upon reading the Petition and Appeal of William Grant Esquire His Majesty's Advocate, on Behalf of His Majesty; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 28th of July and 18th of December 1753, made on Behalf of William Urquhart of Meldrum; and praying, "That the same may be reversed or varied; and that this House will grant the Appellant such other Relief as to their Lordships shall seem meet:"

It is Ordered, That the said William Urquhart may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the 7th Day of March next; and that Service of this Order on his Counsel or Agents in the Court of Session be deemed good Service.

King's Consent to Welton Enclosure Bill:

The Duke of Newcastle acquainted the House, "That His Majesty, having been apprized of the Contents of the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Pieces, Common Grounds, and Waste Ground in the Manor and Parish of Welton, in the County of Northampton," was pleased to consent (as far as the Interest of the Crown is concerned) that their Lordships may proceed therein as they shall think fit."

Welton Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Pieces, Common Grounds, and Waste Ground, in the Manor and Parish of Welton, in the County of Northampton."

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

Adjourn.

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

DIE Veneris, 8o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm.
Epus. Roffen.
Epus. Oxon.
Epus. Wigorn.
Epus. Cicestr.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Carliol.
Epus. Petriburg.
Epus. Bangor.
Epus. Asaphen.
Epus. Norwic.
Epus. Litch. & Cov.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Dux Grafton, Camerarius.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Lothian.
March. Rockingham.
Comes Huntingdon.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Stamford.
Comes Winchilsea.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Berkeley.
Comes Holdernesse.
Comes Scarborough.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Rothes.
Comes Moray.
Comes Findlater.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Oxford.
Comes Strafford.
Comes Ker.
Comes Waldegrave.
Comes Ashburnham.
Comes Bath.
Comes Fitzwilliam.
Comes Powis.
Comes Northumberland.
Comes Egremont.
Comes Temple.
Comes Hertford.
Comes Guilford.
Comes Cornwallis.
Viscount Say & Sele.
Viscount Fauconberg.
Viscount Falmouth.
Viscount Folkestone.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Cavendish.
Ds. Ward.
Ds. Berkeley Str.
Ds. Barnard.
Ds. Cathcart.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Ravensworth.
Ds. Vere.

PRAYERS.

Mackenzie against Stuart.

The Answer of John Stuart and others, Respondents to the Appeal of Sir Kenneth Mackenzie, was brought in.

Vicar of Gilling and Shuttleworth's Exchange, Bill.

The Lord Sandys reported from the Lords Committees to whom 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," 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."

Commerell's Nat. Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Ulric Commerell," 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.

Bonifas's Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Paul Bonifas."

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. Bennet and Mr. Elde:

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

Fiercebridge to Kirkmerrington, Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Terms and Powers granted by an Act passed in the Twenty-first Year of the Reign of His present Majesty, for repairing the High Road from Piercebridge to Kirkmerrington, in the County of Durham, and from thence to the Turnpike Road at Tudhoe Lane End, in the said County; and for making the same more effectual."

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 same Messengers:

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

Maydwell, Leave to present a Petition for a Bill of Divorce;

A Petition of John Maydwell, was presented, and read; setting forth, "That, on the 6th of December 1752, he obtained a Sentence of Divorce, in the Consistory Court of the Bishop of London, from Catherine Perrin his now Wife, for Adultery; and that, having been advised that the said Catherine could not prosecute an Appeal after the End of a Year and Fifteen Days from the Date of the said Sentence, he did not apply to their Lordships till the said Year and Fifteen Days were expired;" and therefore praying, "That their Lordships will be pleased to give him Leave to present a Petition, for bringing in a Bill to dissolve his Marriage, notwithstanding the Time limited by their Lordships Order for presenting Petitions for Private Bills is expired."

Ordered, That the Petitioner have Leave to present his said Petition, as desired.

Petition read, and Leave given to bring in a Bill;

Accordingly, a Petition of the said John Maydwell, was presented, and read; praying Leave to bring in a Bill, to dissolve his Marriage with Catherine Perrin his now Wife; 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 presented, and read.

Accordingly, the Lord Bathurst presented to the House a Bill, intituled, "An Act to dissolve the Marriage of John Maydwell with Catherine Perrin 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 Tuesday the 26th Instant; and that Notice thereof be affixed on the Doors of this House; and the Lords to be summoned; and that the said John Maydwell 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 Catherine Perrin 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 the same Time.

E. of Breadalbane's Name forged to a Protection:

Complaint being made to the House, and Oath made at the Bar, "That David Home had published a forged Protection, in the Name of the Earl of Breadalbane, in Breach of his Lordship's Privilege and the Privilege of this House:"

Home to be attached.

It is Ordered, That the Gentleman Usher of the Black Rod attending this House do forthwith attach the Body of the said David Home, and bring him to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant in that Behalf.

To Sir Henry Bellenden Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

E. of Crawfurd's Name forged to a Protection:

Upon Oath made at the Bar, "That Thomas Colethreade had been concerned in procuring a forged Protection, in the Name of the Earl of Craufurd, in Breach of the Privilege of this House, and of the Peers of Great Britain:"

Colethreade to be attached.

It is Ordered, That the Gentleman Usher of the Black Rod attending this House do forthwith attach the Body of the said Thomas Colethreade, and bring him to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant in that Behalf.

To Sir Henry Bellenden Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Motion for a Committee to inquire into the Causes of the frequent Robberies and Murders, &c.

The Order of the Day being read, for taking into Consideration the last Paragraph of His Majesty's most Gracious Speech from the Throne, to both Houses of Parliament, on Thursday the 15th Day of November last.

A Motion was made, "That a Committee be appointed, to inquire into the Causes of the Frequency of the horrid Crimes of Robbery and Murder, which reflect Dishonour upon the Nation, as well as create great Danger and Mischief to His Majesty's good Subjects; and also to consider of the most proper and effectual Means to prevent those horrid Crimes, which are now arrived at so great a Height."

Which being objected to:

After Debate;

The Question was put, upon the said Motion.

It was Resolved in the Negative.

Protest against refusing it.

"Dissentient.

"Isa. Worcester."

Motion for an Address for a Fast refused.

Then it was moved, "That an humble Address be presented to His Majesty, humbly to beseech His Majesty, that He would be graciously pleased to appoint a Day for a Solemn Fast and Humiliation, in order seriously to confess, and deeply lament, before Almighty God, the great Increase of Profaneness, daring Wickedness, Immorality, and Popish Superstition and Idolatry; to beg of God, of His infinite Mercy, to pardon our many heinous and crying Offences; and of His undeserved Goodness, to remove and avert from us, those Judgements which we have most righteously deserved; and to grant that a Spirit of fincere Repentance and real Amendment may be poured out upon the whole People of this Land; that Peace and Happiness, Truth and Justice, Religion and Piety, may be established among us; finally, that it might please Almighty God signally to bless our most Gracious Sovereign Lord King George, and reward His constant Care for the Welfare of His People with a long, peaceable, and happy Reign upon Earth, and crown Him with immortal Glory in Heaven!"

And it being also moved, "That the House do now adjourn to Monday next."

The Question was put, "That this House do now adjourn till Monday next."

It was Resolved in the Affirmative.

Accordingly;

Adjourn.

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