House of Lords Journal Volume 28
April 1754

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History of Parliament Trust

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Year published

1767-1830

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258-268

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'House of Lords Journal Volume 28: April 1754', Journal of the House of Lords volume 28: 1753-1756 (1767-1830), pp. 258-268. URL: http://www.british-history.ac.uk/report.aspx?compid=114373 Date accessed: 18 April 2014. Add to my bookshelf


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April 1754

DIE Lunæ, 1o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm.
Epus. Roffen.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Carliol.
Epus. Bangor.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Somerset.
Dux Argyll.
Dux Portland.
Comes Winchilsea.
Comes Cardigan.
Comes Carlisle.
Comes Poulet.
Comes Home.
Comes Leven.
Comes Breadalbane.
Comes Aberdeen.
Comes Oxford.
Comes Halifax.
Comes Bath.
Comes Fitzwilliam.
Comes Northumberland.
Comes Cornwallis.
Viscount Falmouth.
Ds. Delawarr.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Ward.
Ds. Berkeley Str.
Ds. Barnard.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Ilchester.
Ds. Sandys.
Ds. Feversham.
Ds. Vere.

PRAYERS.

Clandestine Marriages in Scotland, to prevent, Bill delivered.

The Lord Chancellor acquainted the House, "That he had received, from the Lord President of the Session in Scotland, a Draught of a Bill, for the better preventing clandestine Marriages in that Part of Great Britain called Scotland, prepared by the Lords of Session, in Pursuance of an Order of this House, of the 17th of April 1753."

And his Lordship delivered in the said Bill.

Horned Cattle, Laws to continue, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to continue several Laws, relating to the Distemper now raging among the Horned Cattle in this Kingdom."

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

It was Resolved in the Affirmative.

Laws against destroying Turnpikes, &c. and for other Purposes, to make perpetual, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for making perpetual several Laws, for Punishment of Persons destroying Turnpikes, Locks, or other Works erected by Authority of Parliament; and that all Acts made for erecting Courts of Conscience shall be deemed Publick Acts; and to empower a certain Number of the Trustees of The British Museum to do certain Acts; and for confirming the Table of Fees to be taken by the Clerks to the Justices of Peace for the County of Middlesex; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures or Contracts of Clerks and Apprentices; and for filing Affidavits of the Execution of Contracts of Clerks to Attornies and Solicitors; and for preventing Persons driving certain Carriages from riding upon such Carriages."

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

It was Resolved in the Affirmative.

Marshal of the King's Bench, the Crown to appoint; and the Prison to be re-built, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for re-vesting in the Crown the Power of appointing the Marshal of The Marshalsea of the Court of King's Bench; and for the better Regulation of that Office, and of the inferior Offices thereto belonging; and for re-building The King's Bench Prison."

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 the Three preceding Bills.

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

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

Distress Warrants, more easy proceeding on, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the more easy and effectual proceeding upon Distresses to be made by Warrants of Justices of the Peace."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it.

A Message was sent to the House of Commons, by the same Messengers:

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

Truro Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for amending and widening several Roads leading from the Borough of Truro, in the County of Cornwall."

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

D. Somerset.
D. Argyll.
D. Portland.
E. Winchilsea.
E. Cardigan.
E. Carlisle.
E. Poulet.
E. Home.
E. Leven.
E. Breadalbane.
E. Aberdeen.
E. Oxford.
E. Halifax.
E. Bath.
E Fitzwilliam.
E. Northumberland.
E. Cornwallis.
V. Falmouth.
Ld. Abp. York.
L. Bp. Durham.
L. Bp. Rochester.
L. Bp. Bath & Wells.
L. Bp. Lincoln.
L. Bp. Carlisle.
L. Bp. Bangor.
L. Bp. St. Asaph.
L. Bp. Litch. & Cov.
L. Bp. Gloucester.
L. Bp. St. Davids.
Ld. Delawarr.
L. Wentworth.
L. Willoughby Par.
L. Ward.
L. Berkeley Str.
L. Barnard.
L. Cathcart.
L. Foley.
L. Bathurst.
L. Ilchester.
L. Sandys.
L. Feversham.
L. Vere.

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

Stirling against Campbell.

After hearing Counsel in Part, in the Cause wherein Captain John Stirling is Appellant, and Archibald Campbell Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Cause which stands for To-morrow be put off till Wednesday next.

Adjourn.

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

DIE Martis, 2o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Roffen.
Epus. Oxon.
Epus. Carliol.
Epus. Asaphen.
Epus. Glocestr.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Somerset.
Dux Argyll.
Dux Portland.
Comes Winchilsea.
Comes Shaftesbury.
Comes Holdernesse.
Comes Poulet.
Comes Home.
Comes Leven.
Comes Breadalbane.
Comes Aberdeen.
Comes Oxford.
Comes Halifax.
Comes Buckinghamshire.
Comes Fitzwilliam.
Comes Cornwallis.
Viscount Falmouth.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Ward.
Ds. Cathcart.
Ds. Romney.
Ds. Ducie.
Ds. Sandys.
Ds. Anson.

PRAYERS.

Truro Road, Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for amending and widening several Roads leading from the Borough of Truro, in the County of Cornwall," 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."

Message from H. C. to return Tenison's Bill;

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

To return the Bill, intituled, "An Act for vesting a Lease, granted by the Dean and Chapter of Canterbury to Ann Tenison Widow, deceased, of the Manor of Elverton, with the Appurtenances, in the County of Kent, in Peter Saint Eloy and Samuel Smith, in Trust, for Thomas Tenison, an Infant, and his Heirs; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, with One Amendment, to which they desire their Lordships Concurrence.

The House proceeded to take the said Amendment into Consideration.

And the same, being read Three Times by the Clerk, was agreed to.

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

Biddulph's Bill;

A Message was brought from the House of Commons, by Sir Charles Mordaunt and others:

To return the Bill, intituled, "An Act for Sale of the settled Estates of Sir Theophilus Biddulph Baronet, in the County of Stafford and City and County of the City of Litchfield, for raising Money, to discharge Encumbrances affecting the same; and for laying out the Surplus in the Purchase of other Lands, to be settled to the Uses therein mentioned;" and to acquaint this House, that they have agreed to the same, with some Amendments, to which they desire their Lordships Concurrence.

M. of Granby & al. Bill for Sale of a House in Lincoln's Inn Fields;

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

To return the Bill, intituled, "An Act for Sale of a Capital Message in Lincoln's Inn Fields, in the Parish of Saint Giles in the Fields, in the County of Middlesex, and the Garden-ground and Out-houses thereunto belonging (Part of the Estate of the most Noble Charles late Duke of Somerset, deceased); and vesting the same in Edmund Browne of Lincoln's Inn Esquire, and his Heirs for ever; and for laying out the Purchase money in Lands and Hereditaments, to be settled to the like Uses, and upon the like Trusts, as the said Capital Message and Premises are now settled and subject unto;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Pitt's Bill;

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

To return the Bill, intituled, "An Act for vesting the Estate of George Pitt Esquire, in the County of Suffolk, and Part of his Estate in the Isle of Purbeck, in the County of Dorset, in Trustees, to sell the same; and to apply the Purchase Money for discharging Encumbrances affecting his settled Estate; and for making a Recompense to him for the Charges and Expenses of making Buildings and Improvements upon the same Estate;" and to acquaint this House, that they have agreed to the same, with some Amendments, to which they desire their Lordships Concurrence.

The House proceeded to take the said Amendments into Consideration.

And the said Amendments, being read Thrice by the Clerk, were agreed to by the House.

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

and Woollaston's Bill.

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

To return the Bill, intituled, "An Act for vesting certain Estates of Sir Isaac Lawrence Woollaston Baronet, an Infant, situate in the Isle of Ely, and Counties of Cambridge, Huntingdon, Lincoln, and Norfolk, in Trustees, to be sold or mortgaged, to raise Money, for Payment of his Sisters Portions; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Stirling against Campbell:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Captain John Stirling of Herbertshire, in the County of Stirling; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 10th Day of January 1754, and 7th Day of March last, made on the Behalf of Archibald Campbell Younger of Succoth, Writer to the Signet in Scotland; and praying, "That the said Interlocutors might be reversed; and that this House would give the Appellant such other Relief as their Lordships in their great Wisdom and Justice should think proper:" As also upon the Answer of the said Archibald Campbell 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 Interlocutors therein complained of be, and the same are hereby, affirmed.

Adjourn.

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

DIE Mercurii, 3o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm.
Epus. Roffen.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Hereford.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Grafton, Camerarius.
Dux Portland.
Comes Plimouth.
Comes Leven.
Comes Breadalbane.
Comes Aberdeen.
Comes Bath.
Comes Fitzwilliam.
Comes Powis.
Comes Cornwallis.
Viscount Say & Sele.
Viscount Falmouth.
Ds. Willoughby Par.
Ds. Barnard.
Ds. Cathcart.
Ds. Bathurst.
Ds. Onslow.
Ds. Sandys.
Ds. Feversham.
Ds. Archer.

PRAYERS.

Messages from H. C. to return Barker's Bill:

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

To return the Bill, intituled, "An Act for establishing and rendering effectual several Settlements and Agreements, made and entered into by Hugh Barker the Younger Esquire, deceased, for making a Provision for his Mother and Wife, and their Children respectively;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Barber's Bill:

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

To return the Bill, intituled, "An Act for Sale of Part of the settled Estates of Robert Barber Esquire, to discharge Debts and Encumbrances; and for empowering him to sell or exchange other Parts of his settled Estates, for the purchasing and acquiring Lands of equal Value, to be settled in Lieu thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Ld. Bulkeley's Bill:

A Message was brought from the House of Commons, by Sir William Irby and others:

To return the Bill, intituled, "An Act for empowering Trustees to cut down and sell Timber standing and growing upon the Estate of Inheritance of Thomas James Lord Bulkeley Viscount Cashels in the Kingdom of Ireland, an Infant, in order to raise Money for discharging Encumbrances affecting the said Estate, and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Wymondesold's Divorce Bill:

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

To return the Bill, intituled, "An Act to dissolve the Marriage of Charles Wymondesold Esquire with Henrietta Knight his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Sir Hedworth Williamson's Bill, for Sale of Hudleston's Estate;

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

To return the Bill, intituled, "An Act for exempting and exonerating the Estates devised by the Will of William Hudleston Esquire, deceased, to be sold, from the Jointure on Gertrude Rigby Wife of Townley Rigby Esquire; and for charging an Annuity, or Rentcharge, of equal Value, on the Estates entailed by the said Will; and more effectually to enable the Trustees of the said William Hudleston to execute the Trusts reposed in them by the said Will;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Distress Warrants more easy proceeding on, Bill:

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

To return the Bill, intituled, "An Act for the more easy and effectual proceeding upon Distresses to be made by Warrants of Justices of the Peace;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

and Pryce's Bill.

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

To return the Bill, intituled, "An Act for vesting the Estates of John Powell Pryce Esquire, in the County of Montgomery, comprized in his Marriage Articles, in Trustees, to raise Money, by Sale of Part thereof, for discharging Encumbrances affecting the same; and for settling other Part thereof, pursuant to the said Articles;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Truro Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for amending and widening several Roads leading from the Borough of Truro, in the County of Cornwall."

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. Bennet and Mr. Holford:

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

Biddulph's Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for Sale of the settled Estates of Sir Theophilus Biddulph Baronet, in the County of Stafford, and City and County of the City of Litchfield, for raising Money, to discharge Encumbrances affecting the same; and for laying out the Surplus in the Purchase of other Lands, to be settled to the Uses therein mentioned."

And the same were read Twice by the Clerk.

And the Purport of the said Amendments being only to appoint Samuel Wilson a Trustee, in the Place of Thomas Wilson, One of the Trustees named in the Bill, who died since the Bill passed this House:

The said Samuel Wilson was called in.

And having, at the Bar, declared his Willingness to accept the Trust:

He was directed to withdraw.

And the said Amendments, being read the Third Time, were agreed to.

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

Messages from H. C. to return the E. of Powis's Bill, to rectify a Mistake in a Conveyance of Lands in Ireland:

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

To return the Bill, intituled, "An Act for rectifying a Mistake in a Conveyance in Fee Farm, made by Henry Arthur Earl of Powis, of the Manor of Mounteagle Loyal, and divers Towns, Lands, and Hereditaments, in the County of Kerry; and making the same Conveyance effectual, for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Daly's Bill.

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

To return the Bill, intituled, "An Act for vesting Part of the Estate of Charles Daly Esquire, in the Kingdom of Ireland, in Trustees, to be sold, for the Payment of Encumbrances affecting the same prior to his Marriage Settlement;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Browne against Byrne.

After hearing Counsel in Part, in the Cause wherein John Browne Esquire is Appellant, and the Honourable Margaret Byrne otherwise Bermingham Respondent:

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 et in diem Jovis, quartum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 4o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Cicestriens.
Epus. Lincoln.
Epus. Carliol.
Epus. Asaphen.
Epus. Norwic.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Meneven.
Comes Hardwicke, Cancellarius.
Dux Bedford.
Dux Argyll.
Dux Ancaster et Kesteven, Magnus Camerarius Angl.
Dux Portland.
March. Rockingham.
Comes Lincoln.
Comes Winchilsea.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Holdernesse.
Comes Jersey.
Comes Poulet.
Comes Findlater.
Comes Leven.
Comes Breadalbane.
Comes Aberdeen.
Comes Oxford.
Comes Ashburnham.
Comes Effingham.
Comes Orford.
Comes Bath.
Comes Fitzwilliam.
Comes Northumberland.
Comes Temple.
Comes Hertford.
Comes Cornwallis.
Comes Darlington.
Viscount Say & Sele.
Ds. Willoughby Par.
Ds. Ward.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Montfort.
Ds. Sandys.
Ds. Anson.
Ds. Feversham.
Ds. Archer.
Ds. Vere.

PRAYERS.

E. of Hardwicke, Ld. Chancellor, introduced:

The Earl of Holdernesse signified to the House, "That His Majesty had been pleased to create Philip Lord Hardwicke, Lord High Chancellor of Great Britain, a Viscount and Earl of Great Britain, by the Style and Title of Viscount Royston and Earl of Hardwicke."

Whereupon his Lordship, taking in his Hand the Purse with the Great Seal, retired to the lower End of the House; and, having there put on his Robes, was introduced, between the Earl of Lincoln and the Earl of Breadalbane (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms in his Coat of Arms carrying his Lordship's Patent (which he delivered to him at the Steps before the Throne); the Deputy Earl Marshal and the Lord Great Chamberlain of England preceding.

His Lordship (after Three Obeisances) laid down his Letters Patent upon the Chair of State, kneeling; and from thence took and delivered them to the Clerk; who read the same at the Table.

The said Letters Patent bear Date the 2d Day of April, in the 27th Year of the Reign of His present Majesty.

His Lordship's Writ of Summons was also read, as follows:

His Writ of Summons.

"George the Second, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Right Well-beloved Cousin and Counsellor Philip Earl of Hardwicke, Our Chancellor of Great Britain, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Second Day of April, in the Twenty-seventh Year of Our Reign.

"Yorke & Yorke."

Then his Lordship came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Earls Bench, and from thence went to the upper End of the same Bench, and sat there as Lord Chancellor; and then his Lordship returned to the Woolsack.

The House was adjourned during Pleasure.

The House was resumed.

E. of Darlington introduced.

Henry Lord Barnard, being, by Letters Patent, dated the 3d Day of April, in the 27th Year of the Reign of His present Majesty, created Viscount Barnard and Earl of Darlington, was this Day (in his Robes) introduced, between the Earl of Lincoln and the Earl of Bath (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, the Deputy Earl Marshal, and the Lord Great Chamberlain of England, preceding.

His Lordship, on his Knee, presented his Patent to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Writ of Summons was also read, as follows:

His Writ of Summons.

"George the Second, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Right Well-beloved Cousin Henry Earl of Darlington, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Third Day of April, in the Twenty-seventh Year of Our Reign.

"Yorke & Yorke."

Then his Lordship came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Earls Bench.

Browne against Byrne;

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of John Browne of Neal in the County of Mayo in the Kingdom of Ireland Esquire; complaining of a Decree of the Court of Exchequer in the said Kingdom, of the 19th of May 1753, made in a Cause wherein the Honourable Margaret Byrne otherwise Birmingham was Plaintiff, and the Appellant Defendant; and praying, "That the same might be reversed, or such Relief granted the Appellant in the Premises as to their Lordships in their great Wisdom should seem meet:" As also upon the Answer of the said Margaret Byrne otherwise Birmingham put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed with Costs.

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 Decree therein complained of be, and the same is hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondent, the Sum of One Hundred Pounds of lawful Money of Great Britain, for her Costs in respect of the said Appeal.

Adjourn.

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

DIE Sabbati, 6o Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.

Arch. Ebor.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Bangor.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Meneven.
Comes Hardwicke, Cancellarius.
Comes Granville, Præses.
Dux Bedford.
Dux Argyll.
Dux Ancaster et Kesteven, Magnus Camerarius Angl.
Comes Winchilsea.
Comes Litchfield.
Comes Berkeley.
Comes Plimouth.
Comes Coventry.
Comes Poulet.
Comes Home.
Comes Findlater.
Comes Breadalbane.
Comes Aberdeen.
Comes Hyndford.
Comes Oxford.
Comes Sussex.
Comes Effingham.
Comes Bath.
Comes Buckinghamshire.
Comes Fitzwilliam.
Comes Northumberland.
Comes Temple.
Comes Cornwallis.
Viscount Say & Sele.
Viscount Falmouth.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Ward.
Ds. Foley.
Ds. Ducie.
Ds. Sandys.
Ds. Fortescue.
Ds. Feversham.

PRAYERS.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Duke of Cumberland, in his Robes, sitting in his Place on His Majesty's Left Hand; the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands, to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker;

He, after a Speech to His Majesty, in relation to the Money Bills ready for the Royal Assent, and other Matters, delivered the said Bills to the Clerk; who brought them to the Table; where the Clerk of the Crown read the Titles of those and the other Bills to be passed, as follows:

Bills passed.

"1. An Act for granting to His Majesty a certain Sum of Money, therein mentioned, out of the Sinking Fund; and applying certain Surplus Monies remaining in the Exchequer, for the Service of the Year One Thousand Seven Hundred and Fifty-four; and for the further Disposition of the said Sinking Fund, by paying thereout the Remainder of the Sum advanced on the Credit of the Duty on Sweets, and the Interest thereof; and for carrying the said Duty to the said Fund; and for the further appropriating the Supplies granted in this Session of Parliament."

"2. An Act to continue the Duties for Encouragement of the Coinage of Money; and for removing Doubts concerning the Continuance of the Duty of Twenty Shillings for every Ton of Brandy, Wines, and Strong Waters, imported."

"3. An Act to continue several Laws, for prohibiting the Importation of Books re-printed Abroad, and first composed or written and printed in Great Britain; for the free Importation of Cochineal and Indico; and relating to Rice, Frauds in the Customs, the clandestine Running of Goods, and to Copper Ore; and for the better Encouragement of the making of Sail Cloth in Great Britain; and to authorize the Payment of the Bounty to Alexander Brown and others, upon a Ship fitted out for the Whale Fishery, and lost in the Greenland Seas; and for the more effectual Payment of the Bounties upon British-made Sail Coth to Robert Donald and others."

To these Bills the Royal Assent was pronounced, severally, in these Words; videlicet,

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"4. An Act to explain and amend an Act made in the Ninth Year of the Reign of His late Majesty King George the First, intituled, An Act for the more effectual punishing wicked and evil-disposed Persons going armed and disguised, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects; and for the speedy bringing the Offenders to Justice."

"5. An Act to continue several Laws, relating to the Distemper now raging among the Horned Cattle in this Kingdom."

"6. An Act for the more easy and effectual Proceeding upon Distresses to be made by Warrants of Justices of the Peace."

"7. An Act for making perpetual several Laws, for Punishment of Persons destroying Turnpikes, Locks, or other Works, erected by Authority of Parliament; and that all Acts made for erecting Courts of Conscience shall be deemed Publick Acts; and to empower a certain Number of the Trustees of The British Museum to do certain Acts; and for confirming the Table of Fees to be taken by the Clerks to the Justices of the Peace for the County of Middlesex; and for giving further Time for the Payment of the Duties omitted to be paid for the Indentures or Contracts of Clerks and Apprentices; and for filing Affidavits of the Execution of Contracts of Clerks to Attornies and Solicitors; and for preventing Persons driving certain Carriages from riding upon such Carriages."

"8. An Act for re-vesting in the Crown the Power of appointing the Marshal of Marshal of The Marshalsea of the Court of King's Bench, and for the better Regulation of that Office, and of the inferior Offices thereto belonging; and for re-building The King's Bench Prison."

"9. An Act to indemnify Persons who have omitted to qualify themselves for Offices and Promotions within the Time limited by Law; and for allowing further Time for that Purpose."

"10. An Act for discharging the Corporation of the Governor, Bailiffs, and Commonalty, of the Company of Conservators of the Great Level of the Fens, commonly called Bedford Level, from a Debt due to the Duke of Bedford and Earl of Lincoln; and for enabling the Proprietors of Lands in the North Level, Part of the said Great Level, to raise Money to discharge the Proportion of the said North Level in the Debts of the said Corporation; and for ascertaining and appropriating the Taxes to be laid on the said North Level; and for the more effectual draining and preserving the said North Level, and divers Lands adjoining thereto, in the Manor of Crowland."

"11. An Act for improving and preserving the Navigation from Salter's Load Sluice in the County of Norfolk, to Standground Sluice in the County of Huntingdon, and from Flood's Ferry in the Isle of Ely in the County of Cambridge, to Ramsey High Load in the said County of Huntingdon, and also the Navigation from Old Bedford Sluice in the said County of Norfolk, to the River Nene in the Parish of Ramsey in the said County of Huntingdon."

"12. An Act for the better Relief and Employment of the Poor, in the Parish of Saint Nicholas, Deptford, in the County of Kent, and in the Parish of Saint Paul, Deptford, in the Counties of Kent and Surry; and for repairing the Highways, and paving and cleansing the Streets, in the said Parishes."

"13. An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, brewed for Sale, vended, or sold, within the Town and Barony of Alloa, in the County of Clackmannan, and also a Duty of Anchorage for Ships and Vessels anchoring in the Harbour of the said Town, for repairing the Pier of the said Harbour."

"14. An Act for enlarging the Term and Powers granted by an Act made in the Eighth Year of the Reign of His present Majesty, for repairing and widening the Road from the Town of Rochdale, in the County Palatine of Lancaster, leading over a certain craggy Mountain, called Blackstone Edge, in the same County, and from thence to the Towns of Hallifax and Ealand, in the County of York."

"15. An Act for repairing and widening the Roads from the Borough of Stratford upon Avon, in the County of Warwick, through Alcester in the said County and Feckenham, to a Place called Bradley Brook, in the County of Worcester, and from Alcester through Great Coughton and Crabbs Cross, in the said County of Warwick, and through Hewell Lane and Burcott, to the Cross of Hands on a Common called The Leekhay, and out of Hewell Lane, through Church Lane and Tutnell, to Bromsgrove in the said County of Worcester."

"16. An Act for repairing and widening the Road from the North End of Bridgeford Lane, in the County of Nottingham, to and through several Towns and Places, in the Counties of Nottingham, Leicester, Rutland, and through Rockingham to the Bowling Green at Kettering in the County of Northampton."

"17. An Act for opening, making, widening, and keeping in Repair, a Road from Ratcliff Highway, through Cannon Street, in the County of Middlesex, into the Road leading into the County of Essex; and also from the West End of Brook Street into Cable Street, and from Upper Shadwell Street into the Back Lane in the said County of Middlesex."

"18. An Act for repairing and widening the Road from Leicester to Narborough, and from Leicester to Coventry, and from thence through Kenilworth to Warwick, and from thence to Halford Bridge, and from Warwick to Stratford upon Avon, and from Coventry to Martyn's Gutter, leading towards Stoneleigh Town; and for supplying an Omission in an Act passed in the last Session of Parliament, for repairing the Road from Leicester to Ashby de la Zouch, in the County of Leicester."

"19. An Act for amending and widening several Roads, leading from the Borough of Truro, in the County of Cornwall."

To these Bills the Royal Assent was severally pronounced, in these Words; videlicet,

"Le Roy le veult."

"20. An Act to enable William Lord Cavendish of Hardwyck to take, in England, the Oath of Office of High Treasurer of Ireland; and to qualify himself here in England for the legal Enjoyment of the said Office."

"21. An Act for Sale of a Capital Messuage in Lincoln's Inn Fields, in the Parish of Saint Giles in the Fields, in the County of Middlesex, and the Gardenground and Out-houses thereunto belonging (Part of the Estate of the most Noble Charles late Duke of Somerset, deceased); and vesting the same in Edmund Browne of Lincoln's Inn Esquire, and his Heirs for ever; and for laying out the Purchase-money in Lands and Hereditaments, to be settled to the like Uses, and upon the like Trusts, as the said Capital Messuage and Premises are now settled and subject unto."

"22. An Act for vesting the Manor of Hendon, settled on the Marriage of the Earl and Countess of Powis, on them and their Issue, in Trustees, to be sold, towards discharging the Debts and Encumbrances of William late Marquis of Powis; and for settling the Barony and Lordship of Powis, in the County of Montgomery, in Lieu thereof; and for other Purposes therein mentioned."

"23. An Act for rectifying a Mistake in a Conveyance in Fee-farm, made by Henry Arthur Earl of Powis, of the Manor of Mount Eagle Loyal, and divers Towns, Lands, and Hereditaments, in the County of Kerry; and making the same Conveyance effectual, for the Purposes therein mentioned."

"24. An Act for vesting divers Lands and Hereditaments, in the County of Somerset, contracted to be sold by Hugh late Earl Clinton in his Life-time, in Trustees, to enable them to convey the same to the several Purchasers thereof, pursuant to their Contracts."

"25. An Act for empowering Trustees to cut down and sell Timber, standing and growing upon the Estate of Inheritance of Thomas James Lord Bulkeley Viscount Cashels in the Kingdom of Ireland, an Infant, in order to raise Money for discharging Encumbrances affecting the said Estate; and for other Purposes therein mentioned."

"26. An Act to enable Charles Fitzroy Scudamore Esquire to take, in Great Britain, the Oath of Office, as Cursitor, or Clerk or Engrosser of Original Writs issuing out of His Majesty's High Court of Chancery, in the Kingdom of Ireland; and to qualify himself for the Enjoyment of the said Office."

"27. An Act for vesting the Estate of George Pitt Esquire, in the County of Suffolk, and Part of his Estate in the Isle of Purbeck, in the County of Dorset, in Trustees, to sell the same; and to apply the Purchase-money for discharging Encumbrances affecting his settled Estate; and for making a Recompense to him for the Charges and Expenses of making Buildings and Improvements upon the same Estate."

"28. 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."

"29. 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."

"30. An Act for Sale of the settled Estates of Sir Theophilus Biddulph Baronet, in the County of Stafford, and City and County of the City of Lichfield, for raising Money, to discharge Encumbrances affecting the same; and for laying out the Surplus in the Purchase of other Lands, to be settled to the Uses therein mentioned."

"31. An Act for vesting certain Estates of Sir Isaac Lawrence Woollaston Baronet, an Infant, situate in the Isle of Ely, and Counties of Cambridge, Huntingdon, Lincoln, and Norfolk, in Trustees, to be sold or mortgaged, to raise Money, for Payment of his Sisters Portions; and for other Purposes therein mentioned."

"32. An Act for vesting the Estates of John Powell Pryce Esquire, in the County of Montgomery, comprized in his Marriage Articles, in Trustees, to raise Money, by Sale of Part thereof, for discharging Encumbrances affecting the same; and for settling other Part thereof pursuant to the said Articles."

"33. An Act for vesting a Lease, granted by the Dean and Chapter of Canterbury, to Ann Tenison Widow, deceased, of the Manor of Elverton, with the Appurtenances, in the County of Kent, in Peter Saint Eloy and Samuel Smith, in Trust for Thomas Tenison an Infant, and his Heirs; and for other Purposes therein mentioned."

"34. An Act for Sale of Part of the settled Estates of Robert Barber Esquire, for discharging Debts and Encumbrances; and for empowering him to sell and exchange other Parts of his settled Estates, for the purchasing and acquiring other Lands, of equal or greater Value, to be settled in Lieu thereof."

"35. An Act for exempting and exonerating the Estates devised by the Will of William Hudleston Esquire, deceased, to be sold, from the Jointure on Gertrude Rigby, Wife of Townley Rigby Esquire; and for charging an Annuity, or Rent-charge, of equal Value, on the Estates entailed by the said Will; and more effectually to enable the Trustees of the said William Hudleston to execute the Trusts reposed in them by the said Will."

"36. An Act for establishing and rendering effectual several Settlements and Agreements, made and entered into by Hugh Barker the Younger Esquire, deceased, for making a Provision for his Mother and Wife, and their Children, respectively."

"37. An Act for vesting Part of the Estate of Charles Daly Esquire, in the Kingdom of Ireland, in Trustees, to be sold, for the Payment of Encumbrances affecting the same prior to his Marriage Settlement."

"38. An Act to dissolve the Marriage of Charles Wymondesold Esquire with Henrietta Knight, his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

"39. 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."

"40. 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."

"41. An Act for naturalizing Mary Noguier Widow; and for qualifying and enabling her, out of the Estate devised by the Will of John Noguier her Husband, to make a Provision for Anthony Noguier her only Son and Heir."

"42. An Act for naturalizing Charles Shreiber and Jean Francois Maximillien de Cerjat."

To these Bills the Royal Assent was severally pronounced, in these Words; videlicet,

"Soit fait comme il est desiré."

Then His Majesty spake as follows:

His Majesty's Speech.

"My Lords, and Gentlemen,

"Nothing could have given Me greater Satisfaction at this Time, than the Unanimity and Dispatch with which you have gone through the Business of this Session. Though no particular Point of extraordinary Moment hath offered itself to your Consideration; yet you have shewn the most attentive Regard to every Branch of the Publick Service. As to Foreign Affairs, I shall say nothing at present; except, that it is My fixed Resolution to do every Thing in My Power to maintain the general Tranquillity, and to adhere to such Measures for that Purpose as I have hitherto pursued in Conjunction with the Powers in Alliance with Me.

"Gentlemen of the House of Commons,

"I return you My hearty Thanks, for the Supplies which you have so chearfully granted; and which are the more acceptable to Me, as they have brought no new Burthen upon My good Subjects.

"My Lords, and Gentlemen,

"The Time draws near, when the present Parliament must determine by Law; and it is My Intention very speedily to call a new one: But it would be unjust to this, not to give it a publick Testimony of My Approbation. The many eminent Proofs which you have given of your Duty and Affection to My Person and Government, of your Zeal for this excellent Constitution, and for the Security of the present Establishment, can never be forgotten by Me: By your vigorous Assistance, under the Protection of the Divine Providence, I was enabled to put an End to an expensive though necessary War, by an honourable Peace; which you have greatly contributed to preserve, by readily and uniformly supporting My Measures. You have gone further; and, whilst the Difficulties arising from the War were scarce over, seized the First Opportunity to perfect One of the greatest Works of Peace, by concurring in the most proper Means for a gradual Decrease of the National Debt, and at the same Time raising the Publick Credit: You have also, by several new Laws, laid a Foundation to strengthen and advance the Trade and Commerce of My Kingdoms. Such a Series of wise and steady Conduct cannot fail to recommend you to the Good-will and Esteem of your Fellow Subjects, as well as Mine. For My own Part, I securely rely upon the Loyalty and good Affections of My People, and have no other Aim but their lasting Happiness."

Then the Lord Chancellor, by His Majesty's Command, said,

Parliament prorogued.

"My Lords, and Gentlemen,

"It is His Majesty's Royal Will and Pleasure, that this Parliament be prorogued to Thursday the Twentyfifth Day of this Instant April, to be then here held: And this Parliament is accordingly prorogued to Thursday the Twenty-fifth Day of this Instant April."

13th March, 1762, Hitherto examined by us,

Marchmont.
Delamer.
Boston.

" (fn. 1) By the KING.

"A Proclamation for dissolving this present Parliament, and declaring the calling of another.

"GEORGE R.

"Whereas We have thought fit, by and with the Advice of Our Privy Council, to dissolve this present Parliament, which now stands prorogued to Thursday the Twenty-fifth Day of this Instant April: We do for that End publish this Our Royal Proclamation; and do hereby dissolve the said Parliament accordingly: And the Lords Spiritual and Temporal, and the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Boroughs of the House of Commons, are discharged from their Meeting and Attendance on Thursday the said Twenty-fifth Day of this Instant April. And We being desirous and resolved, as soon as may be, to meet Our People, and have their Advice in Parliament, do hereby make known to all Our loving Subjects Our Royal Will and Pleasure to call a new Parliament; and do hereby further declare, That, with the Advice of Our Privy Council, We have this Day given Order to Our Chancellor of Great Britain, to issue out Writs in due Form, for calling a new Parliament; which Writs are to bear Teste on Tuesday the Ninth Day of this Instant April, and to be returnable on Friday the Thirty-first Day of May next.

"Given at Our Court at St. James's, the Eighth Day of April 1754, in the Twenty-seventh Year of Our Reign.

"GOD save the KING!"

Footnotes

1 This Proclamation is printed, and bound in with the Original.