House of Lords Journal Volume 29
December 1758

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History of Parliament Trust

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Year published

1767-1830

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396-408

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'House of Lords Journal Volume 29: December 1758', Journal of the House of Lords volume 29: 1756-1760 (1767-1830), pp. 396-408. URL: http://www.british-history.ac.uk/report.aspx?compid=114456 Date accessed: 22 September 2014.


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December 1758

DIE Veneris, 1o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Bristol.
Ds. Custos Magni Sigilli.
March. Tweeddale.
Comes Shaftesbury.
Comes Bath.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Cathcart.
Ds. Harwich.

PRAYERS.

Ld. C. Cavendish against Sir J. Lowther.

Upon reading the Petition and Appeal of the Right Honourable Charles Cavendish Esquire, commonly called Lord Charles Cavendish; complaining of Part of a Decree of the Court of Chancery, of the 27th Day of May 1758; and praying, "That the same may be reversed; and that Sir James Lowther Baronet may be required to answer the said Appeal; and that this House will make such other Order in the Premises as to their Lordships in their great Wisdom shall seem meet:"

It is Ordered, That the said Sir James Lowther may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Friday the 15th Day of this Instant December.

His Majesty's Advocate against Edwards.

Upon reading the Petition of His Majesty's Advocate for Scotland, Appellant in a Cause depending in this House, wherein John Edwards Esquire is Respondent; praying, "In regard the Matters in Dispute between the Parties have been referred to Arbitrators, that the Hearing of the said Cause may be put off to a distant Day:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the 22d Day of February next.

Blacker against Mathers.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Blacker Esquire is Appellant, and Wilsey Mathers is 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.

Crokers against Napper & al. Respondents peremptorily to answer.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Edward Croker Esquire and Henry Croker his Son are Appellants, and John Napper 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.

Respondents to Jap's Appeal, to answer peremptorily.

The House was informed, "That Thomas Haddoway and John Gibson, Respondents to the Appeal of John Jap and his Wife, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of John Fyse Writer in Edinburgh and Notary Publick, 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.

Wilford, Leave for a Bill of Divorce:

Upon reading the Petition of Edward Wilford Gentleman; praying Leave to bring in a Bill, to dissolve his Marriage with Rachel Norsa his now Wife; and to enable him to marry again; and for other Purposes therein mentioned:

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

Accordingly, the Lord Cathcart presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Edward Wilford Gentleman with Rachel Norsa his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

Bill read.

The said Bill was read the First Time.

Ordered, That the said Bill be read a 2d Time on Tuesday the 19th Day of this Instant December; and that Notice thereof be affixed on the Doors of this House; and the Lords to be summoned; and that the said Edward Wilford may be heard, by his Counsel, at the said 2d Reading, to make out the Truth of the Allegations of the Bill; and that the said Rachel Norsa 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.

Ordered, That Edward Jackson Clerk, John Rich Esquire, Ann Hipkin, Mary Nash, Joan Middleton, and John Alding, do attend this House on Tuesday the 19th Day of this Instant December, in order to be examined as Witnesses upon the Second Reading of the said Bill.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, quartum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 4o Decembris.

Domini tam Spirituales quam Temporales Præsentes fuerunt:

Epus. Duresm.
Epus. Litch. & Cov.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Dux Bridgewater.
Comes Huntingdon.
Comes Warwick.
Comes Essex.
Comes Gower.
Comes Buckingham.
Comes Powis.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Cathcart.
Ds. Hay.
Ds. Ponsonby.
Ds. Mansfield.
Ds. Lyttelton.

PRAYERS.

Curzon against Barnewall.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Dame Winifred Curson is Appellant, and Frances Barnewall is 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.

Mercers Company, Accompts delivered.

The House being informed, "That Mr. Cawne, Clerk of the Mercers Company, attended:"

He was called in; and delivered, at the Bar, pursuant to an Act of Parliament of the 21st Year of His Majesty's Reign,

"The Accompts of the Wardens and Commonalty of the Mistery of Mercers in the City of London, from the 10th of October 1757, to the 10th of October 1758."

And the Title thereof being read by the Clerk:

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

L. Irwin against Simpson & al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Henry Lord Viscount Irwin is Appellant, and William Simpson and others are Respondents.

And Mr. Attorney General was heard, for the Appellant.

The Decree appealed from admitted.

Part of a Decree of the Court of Exchequer, of the 30th of November 1630, read.

Part of a Deed of Feoffment, of the 15th of July 1633, also read.

Then the Counsel for the Appellant offering to read, and give in Evidence, a Paper said to be an Office Copy of a Bill filed in the Court of Exchequer in the Year 1640, alleging, "That the Original was lost; and that they had an Officer of the Court of Exchequer attending, to prove that the same could not be found among the Records of that Court:"

The Counsel for the Respondents objected to the Reading thereof.

And the Counsel on both Sides having been fully heard upon the said Objection:

They were directed to withdraw.

And Consideration being had of what had been offered in relation thereto:

It was agreed, that the Counsel be called in again and that those for the Appellant be acquainted, "That they are not to be at Liberty to read the Paper offered by them as the Copy of a Bill filed in the Court of Exchequer in the Year 1640."

And the Counsel on both Sides being called in again accordingly:

Those for the Appellant were acquainted, by the Lord Keeper, with what the House had determined.

Then the Counsel for the Appellant offering to read several Entries of Presentments in the Manor Books, and a Deposition of John Moxon, in order to prove Acts of Ownership done, and Rights exercised, by the Appellant, on the allotted Lands in Question:

The same was also objected to by the Counsel for the Respondents.

And the Counsel on both Sides having been fully heard upon the said Objection:

They were again directed to withdraw.

And Consideration being had of what had been offered in relation to the said last-mentioned Objection:

It was agreed, that the Counsel be called in again; and that those for the Appellant be acquainted, "That they are not permitted to read the several Entries of Presentments in the Manor Books, or the Deposition of John Moxon offered by them, in order to prove Acts of Ownership done, and Rights exercised, by the Appellant, on the allotted Lands in Question."

And the Counsel on both Sides were called in accordingly:

And those for the Appellant acquainted by the Lord Keeper with the said Determination.

And the Counsel for the Appellant offering nothing further in Evidence:

Mr. Sewell, the Appellant's Second Counsel, was heard, to observe.

And then the Counsel on both Sides were again directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till To-morrow.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quintum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 5o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Roffen.
Epus. Asaphen.
Epus. Litch. & Cov.
Ds. Custos Magni Sigilli.
Comes Gower.
Comes Hardwicke.
Ds. Willoughby Par.
Ds. Wentworth.
Ds. Delamer.
Ds. Sandys.

PRAYERS.

Bishop of Bristol to preach 30th January.

Ordered, That the Lord Bishop of Bristol be, and he is hereby, desired to preach before this House, in the Abbey Church Westminster, on Tuesday the 30th Day of January next.

D. Gordon & al. against Gordon.

Upon reading the Petition and Appeal of Alexander Duke of Gordon, and his Curators or Guardians, and of Katherine Dutchess of Gordon, and Staats Long Morrice Esquire her Husband; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 20th of January 1758; and of an Interlocutor of the Lords of Session, of the 8th of February following, adhering thereto; and praying, "That the same may be reversed or varied; and that John Gordon of Auchanacby may be required to answer the said Appeal; and that the Appellants may have such other Relief as to this House in their Lordships great Wisdom and Justice shall seem meet:"

It is Ordered, That the said John Gordon may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 2d Day of January next; and Service of this Order upon the said John Gordon, or any of his Procurators or Agents in the Court below, shall be deemed good Service.

Ld. Irwin against Simpson & al.:

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Henry Lord Viscount Irwin is Appellant, and William Simpson and others are Respondents.

And the Counsel for the Respondents being directed to proceed:

Mr. Attorney General, of Counsel for the Appellant, informed the House, "That he had Directions from the Appellant, to acquaint their Lordships, that he did not think fit to give the House any further Trouble in this Cause."

Whereupon the Counsel on both Sides were directed to withdraw.

And the following Order and Judgement was made; videlicet,

Judgement affirmed, with Costs.

"After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Henry Lord Viscount Irwin in that Part of Great Britain called Scotland; complaining of certain Parts of a Decree of the Court of Exchequer, of the 17th of December 1755; and praying, That the same might be reversed or varied; and that the Appellant might have such Relief in the Premises as to this House in their Lordships great Wisdom should seem meet: As also upon the joint and several Answer of William Simpson, Thomas Morris, Thomas Hill, Edward Forster, Richard Middlebrook, William Middlebrook, Thomas Middlebrook, Samuel Maggott, and Joseph Howard, 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 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 Respondents, the Sum of Sixty Pounds, for their Costs, in respect of the said Appeal."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, sextum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 6o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bristol. Ds. Custos Magni Sigilli.
Dux Newcastle.
Dux Bridgewater.
Comes Shaftesbury.
Comes Pomfret.
Comes Hardwicke.
Ds. Cathcart.
Ds. Hay.
Ds. Sandys.
Ds. Ponsonby.
Ds. Anson.
Ds. Hyde.
Ds. Lyttelton.

PRAYERS.

Pippard against Corporation of Drogheds.

The several Answer of the Mayor, Sheriffs, Burgesses, and Commons, of the Town and County of the Town of Drogheda, Isaac Holroyde, Benjamin Woodward, and William Godley, to the amended Appeal of Henry Pippard, was brought in:

Ld. Robert Manners against Moore & Ux.

As was also, the Answer of Stephen Moore Esquire and Alice Moore otherwise Colvill, his Wife, Two of the Respondents to the Appeal of the Lord Robert Manners and others.

Wright & al. against Pearson & al.

Upon reading the Petition and Appeal of Henry Wright, Marmaduke Wright, and Elizabeth Glover; complaining of a Decree of the Court of Chancery, of the 6th Day of June 1758, so far as it orders and decrees the Appellants Bill to be dismissed; and praying, "That the same may be reversed; and that Nathaniel Pearson, Mary Pearson, and Frances Pearson, Frances Seaton, and Thomas Wright, may be required to answer the said Appeal; and that this House will give the Appellants such other Relief in the Premises as their Lordships in their great Wisdom shall think fit:"

It is Ordered, That the said Nathaniel Pearson, Mary Pearson, and Frances Pearson, Frances Seaton, and Thomas Wright, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 20th Day of this Instant December.

Hepburn & al. against Congalton & al.

After hearing Counsel in Part, in the Cause wherein John James, George, and Ann Hepburn, lawful Children of James Hepburn of Humbie and others, are Appellants, and Charles Congalton and others are Respondents, et è contra:

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 7o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Cestrien.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Dux Argyll.
Dux Newcastle.
Comes Loudoun.
Comes Halifax.
Comes Bath.
Comes Hardwicke.
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Hay.
Ds. Sandys.
Ds. Ponsonby.
Ds. Harwich.
Ds. Lyttelton.

PRAYERS.

Orphans Fund and London Bridge, Accompts delivered.

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

He was called in; and delivered, at the Bar, pursuant to the Directions of Two Acts of Parliament,

"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 1758."

Also, "An Accompt of the Money received and paid, in Pursuance of the Act to improve, widen, and enlarge, the Passage over and through London Bridge, from the 5th Day of December 1757 (exclusive), to the 5th Day of December 1758 (inclusive)."

And then he was directed to withdraw.

And the Titles thereof being read by the Clerk:

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

Wilson & al. against Young & al.

Upon reading the Petition and Appeal of Barbara Wilson Spouse to Lawrence Smith Schoolmaster at Kilspindy, and him for his Interest, and Margaret Wilson Spouse to James Ogilvie Merchant in Dundee, and the said James Ogilvie for his Interest (which said Barbara and Margaret are the only Daughters and Coheiresses of Elizabeth Christie, deceased, Spouse to George Wilson Wright in Perth, deceased, and Grand daughters and Coheiresses of Adam Christie Taylor in Perth deceased), and John Richardson Writer in Perth, Adam Frier Merchant there (which said John Richardson and Adam Frier are the Heirs and Successors of James Faickney late Merchant there, deceased) William Stewart Esquire, formerly One of the Baillies now Provost of Perth, Baillie David Buchan Butcher there, Charles Wilson Glover there, Andrew Kippen Younger Glover there, John Anderson Merchant there, the Incorporation of Glovers there, James Duncan Merchant there, and James Reid Merchant there, Walter Jack Dyer there, John Anderson Wright there, David Frier Glover there, James Walker In-dweller there, Mark Stark Maltster there, and John Smith Miller there; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 14th and 17th Days of February 1753; and of Three Interlocutors of the Lords of Session, of the 18th of December 1753, 7th of December 1754, and 11th of January 1755; and praying, "That the same may be reversed or varied; and that John Young and Isobell his Wife may be required to answer the said Appeal; and that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom and Justice shall seem meet:"

It is Ordered, That the said John Young and Isobell his Wife may have a Copy of the said Appeal; and do put in their Answer thereunto, in Writing, on or before Thursday the 4th Day of January next; and Service of this Order upon any One of their Procurators or Agents in the Court of Session in Scotland shall be deemed good Service.

Anderson against Anderson.

Upon reading the Petition and Appeal of Robert Anderson Mason in Betth; complaining of several Interlocutors of the Lords of Session in Scotland, of the 4th of December 1755, 29th of June, 12th of July, and 10th of August, 1757; and praying, "That the same may be reversed or varied; and that James Anderson may be required to answer the said Appeal; and that this House will grant the (fn. 1) Appellant such other Relief as to their Lordships in their great Wisdom shall seem meet:"

It is Ordered, That the said James Anderson may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Thursday the 4th Day of January next; and Service of this Order upon any one of his Procurators or Agents in the Court of Session in Scotland shall be deemed good Service.

Gordon to enter into a Recognizance on the Duke of Gordon's Appeal.

The House being moved, "That William Gordon of The Middle Temple Gentleman may be permitted to enter into a Recognizance for his Grace the Duke of Gordon and others, on account of their Appeal depending in this House; they living in Scotland:"

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

Hepburn & al. against Congalton & al. et è contra.

After hearing Counsel, as well Yesterday as this Day, upon the Original Petition and Appeal of John, James, George, and Ann Hepburn, lawful Children of James Hepburn of Humbie, and of Thomas Cockburn Clerk to the Signet their Tutor in Litem; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 8th of February 1758; and praying, "That the same might be reversed, varied, or altered; and that the Appellants might have such other Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:" As likewise upon the Cross Appeal of Charles Congalton of Congalton Esquire and others, Creditors of the said James Hepburn; complaining of Part of the said Interlocutor; and praying, "That the same might be reversed or varied; and that the Appellants in the said Cross Appeal might have such other Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of the said Charles Congalton and of Samuel Mitchelson Clerk to the Signet put in to the said Original Appeal; and the Answer of the said John, James, George, and Ann Hepburn, and of the said Thomas Cockburn, put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in this Cause:

Judgement.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That it appears to this House not to be necessary, in the present Case, to determine the Questions arising upon so much of the said Interlocutor as is complained of by the said Cross Appeal: And it is therefore Ordered, That the said Cross Appeal be dismissed: And it is further Ordered and Adjudged, That the said Original Appeal be, and is hereby, dismissed this House; and that so much of the said Interlocutor as is therein complained of be, and the same is hereby, affirmed.

Salted Beef, &c. from Ireland, Bill:

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

With a Bill, intituled, "An Act to continue, for a limited Time, an Act made in the last Session of Parliament, intituled, "An Act to permit the Importation of Salted Beef, Pork, and Butter, from Ireland, for a limited Time;" and to amend the said Act;" to which they desire the Concurrence of this House.

Ecton Common Fields, Bill:

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

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

The said Two Bills were read the First Time.

Causes removed.

Ordered, That the Cause wherein Thomas Goldney and others are Appellants, and William Hayward Esquire is Respondent, which is appointed for To-morrow, be put off till Monday next; and that the other Causes be removed in Course.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, undecimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 11o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Eliens.
Epus. Litch. & Cov.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
March. Tweeddale.
Comes Warwick.
Comes Halifax.
Comes Egremont.
Comes Hardwicke.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Hay.
Ds. Sandys.
Ds. Ponsonby.
Ds. Mansfield.

PRAYERS.

Littlejohn against Straton.

The Answer of Arthur Straton of Kirkside, to the Appeal of Alexander Littlejohn Esquire, was brought in.

Westminster Bridge, Proceedings of Commissioners delivered.

The House being informed, "That Mr. Seddon, from the Commissioners of Westminster Bridge, attended:"

He was called in; and delivered, at the Bar, pursuant to the Directions of several Acts of Parliament,

"A State of the Proceedings of the said Commissioners, from the 6th Day of December 1757, to the 28th Day of November 1758."

And also, "Accompts of the Treasurer to the said Commissioners, from the 10th Day of October 1757, to the 10th Day of October 1758."

And then he was directed to withdraw.

And the Titles thereof being read by the Clerk:

Ordered, That the said State and Accompts do lie on the Table.

Ecton Enclosure Bill.

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

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

M. Tweeddale.
E. Warwick.
E. Halifax.
E. Egremont.
E. Hardwicke.
L. Bp. Durham.
L. Bp. Ely.
L. Bp. Litch. & Cov.
L. Bp. Peterborough.
L. Willoughby Par.
L. Delamer.
L. Hay.
L. Ponsonby.
L. Mansfield.

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

Littlejohn against Stratton.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Alexander Littlejohn Esquire is Appellant, and Arthur Straiton of Kirkside 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.

E. of Blesinton & al. against Monsell & al. et è contra:

A Petition of the Earl of Blesinton, Appellant in an Original Appeal, to which William Monsell, and George Tuthill, and others, are Respondents, and of the said William Monsell and George Tuthill, Appellants in a Cross Appeal, to which the said Earl of Blesinton and others are Respondents, which Causes stand appointed to be heard on Wednesday next, was presented, and read; praying, "In regard the Petitioners have entered into a Treaty for an Accommodation of the Matters in Dispute, which is not yet accomplished, that the Hearing of the said Causes may be put off to such convenient Day as their Lordships shall please to appoint."

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 Causes be put off to the First vacant Day for Causes after those already appointed.

Mearns & al. Leave to appeal.

Upon reading the Petition of Patrick Mearns and Charles Grant; setting forth, "That an Appeal of the Petitioners, from a Decree of the Court of Session, was transmitted from Scotland, in order to be presented to their Lordships; but the same did not come to the Hands of the Petitioners Agent in London till Thursday last, being the last Day for receiving Appeals by their Lordships Order; and, after the same was received, there was not Time for engrossing thereof, so as to present it on that Day before the Rising of the House;" and therefore praying, "That their Lord ships would be pleased to receive their said Appeal, although not presented within the Time limited:"

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

Mearns & al. against Farquharson & al.

Upon reading the Petition and Appeal of Patrick Mearns and Charles Grant, Grandsons and Heirs of Line to the deceased Patrick Farquharson of Inverey, by Emilia and Margaret Farquharsons his Two Daughters; complaining of an Interlocutor of the Lords of Session in Scotland, of the 11th Day of February 1756; and of Part of another Interlocutor of the said Lords, of the 2d of March 1756, adhering thereto; and praying, "That the same may be reversed, altered, or amended; and that James Farquharson of Invereauld, Charles Gordon of Abergeldy, Francis Farquharson of Finzean, Thomas Burnett of Kirkhill Advocate in Aberdeen, Robert Leith Depute Clerk of the Court of Justiciary, Francis Farquharson Accomptant in Edinburgh, and Alexander Farquharson of Auchindrein, may be required to answer the said Appeal; and that this House will give the Appellants such other Relief in the Premises as to their Lordships shall seem just:"

It is Ordered, That the said James Farquharson, Charles Gordon, Francis Farquharson, Thomas Burnett, Robert Leith, Francis Farquharson, and Alexander Farquharson, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 8th Day of January next; and Service of this Order upon the known Agents of the said Respondents before the Court of Session in Scotland shall be deemed good Service.

Land Tax Bill:

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

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

Malt Bill.

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

With a Bill, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fiftynine;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Salted Beef, &c. from Ireland, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue, for a limited Time, an Act made in the last Session of Parliament, intituled, "An Act to permit the Importation of Salted Beef, Pork, and Butter, from Ireland, for a limited Time;" and to amend the said Act."

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

Ordered, That the House be put into a Committee on the said Bill, on Wednesday next.

Time limited for receiving Petitions for Private Bills.

Ordered, That this House will not receive any Petition for a Private Bill, after Friday the 9th Day of February next, during this Session of Parliament.

Account of Corn, &c. exported.

The House being informed, "That Mr. Tomkins, from the Commissioners of the Customs, attended:"

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

"An Account of all Corn, Meal, Malt, Flour, Bread, Biscuit, and Starch, that have been exported to any Place whatsoever, from the 30th of November 1757, to the 10th of October 1758, pursuant to the Acts of the 30th and 31st of His present Majesty; distinguishing the Countries whereto exported."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk;

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

Goldeney & al. against Hayward.

After hearing Counsel in Part, in the Cause wherein Thomas Goldney and others are Appellants, and William Hayward Esquire is Respondent:

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, duodecimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 12o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Litch. & Cov.
Epus. Cicestrien.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Dux Newcastle.
Comes Warwick.
Comes Winchilsea.
Comes Shaftesbury.
Ds. Willoughby Par.
Ds. Wentworth.
Ds. Delamer.
Ds. Hay.
Ds. Sandys.
Ds. Lyttelton.

PRAYERS.

Land Tax Bill.

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

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

Ordered, That the House be put into a Committee upon the said Bill, To-morrow.

Malt Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-nine."

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

Ordered, That the House be put into a Committee upon the said Bill, To-morrow.

Sayer to enter into a Recognizance, on the Appeal of Wright & al.

The House being moved, "That James Sayer of Essex Street Esquire may be permitted to enter into a Recognizance for Henry Wright and others, on ac count of their Appeal depending in this House; they residing in Yorkshire:"

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

Causes removed.

Ordered, That the Cause wherein Thomas Scott and James Young are Appellants, and James Cochran and others are Respondents, which stands in Course to be heard on Friday next, be put off till Monday next; and that the Cause wherein the Earl of Crawfurd and George Ross Esquire are Appellants, and David Martin and others are Respondents, et è contra, do stand to be heard on Friday next, being the Day to which the same was put off by an Order of the 28th of November last.

Goldney & al. against Hayward:

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of Thomas Goldney, Gabriel Goldney, Elizabeth Goldney, Ann Goldney Spinster, Martha Champion Widow, Richard Ford, John Ball, John Woods, and Abraham Darby, Proprietors, Partners, and Sharers, of several Iron Furnaces and Works for making Iron at Colebrook Dale, in the County of Salop; complaining of Part of a Decree of the Court of Exchequer, of the 16th Day of May 1757; and praying, "That the same might be reversed; and that the Appellants might have such other Relief as to this House should seem meet:" As also upon the Answer of William Hayward Esquire put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

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.

Exportation of Corn, &c. and making Spirits from it, Prohibition to continue, Bill.

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

With a Bill, intituled, "An Act to continue, for a further Time, the Prohibition of the Exportation of Corn, Malt, Meal, Flour, Bread, Biscuit, and Starch; and also to continue, for a further Time, the Prohibition of the making of Low Wines and Sprits from Wheat, Barley, Malt, or any other Sort of Grain, or from Meal or Flour; and to prohibit for a limited Time, the making of Low Wines and Spirits from Bran;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 13o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Duresm.
Epus. Eliens.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Dux Newcastle.
March. Tweeddale.
Comes Warwick.
Comes Shaftesbury.
Comes Holdernesse.
Comes Rochford.
Comes Cholmondeley.
Comes Halifax.
Comes Gower.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Hay.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Anson.

PRAYERS.

Ld. Edgcumbe takes his Seat.

This Day Richard Lord Edgecumbe sat first in Parliament, after the Death of his Father Richard Lord Edgecumbe; his Lordship having, at the Table, first taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Ecton Enclosure, Bill.

The Earl of Halifax reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Grounds, and Waste Grounds, in the Parish of Ecton, in the County of Northampton," 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."

Salted Beef, &c. from Ireland, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue, for a limited Time, an Act made in the last Session of Parliament, intituled, "An Act to permit the Importation of Salted Beef, Pork, and Butter, from Ireland, for a limited Time;" and to amend the said Act."

After some Time, the House was resumed.

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

Land Tax Bill.

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

After some Time, the House was resumed.

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

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-nine."

After some Time, the House was resumed.

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

Exportation of Corn, &c. and making Spirits from it, Prohibition to continue, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue, for a further Time, the Prohibition of the Exportation of Corn, Malt, Meal, Flour, Bread, Biscuit, and Starch; and also to continue, for a further Time, the Prohibition of the making of Low Wines and Spirits from Wheat, Barley, Malt, or any other Sort of Grain, or from Meal or Flour; and to prohibit, for a limited Time, the making of Low Wines and Spirits from Bran."

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

Ordered, That the House be put into a Committee upon the said Bill, immediately.

Accordingly the House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed.

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

Macbean to enter into a Recognizance on the Appeal of Wilson & al.

The House being moved, "That William Macbean of Ball Court Cornhill Gentleman may be permitted to enter into a Recognizance for Barbara Wilson and others, on account of their Appeal depending in this House; they living in Scotland:"

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

Macbean to enter into a Recognizance on Anderson's Appeal.

The House being moved, "That the said William Macbean may be permitted to enter into a Recognizance for Robert Anderson, on account of his Appeal depending in this House; he living in Scotland:"

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

Codrington to take the Name of Bethell, Bill.

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

With a Bill, intituled, "An Act to enable Christopher Codrington Esquire, now called Christopher Bethell, and his Heirs Male, to take and use the Surname and Arms of Bethell, pursuant to the Will of Slingsby Bethell Esquire, deceased;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quartum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 14o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Comes Winchilsea.
Comes Halifax.
Comes Strafford.
Ds. Willoughby Par.
Ds. Hay.
Ds. Onslow.
Ds. Sandys.

PRAYERS.

Land Tax Bill:

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

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

It was Resolved in the Affirmative.

Malt Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-nine."

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

It was Resolved in the Affirmative.

Salted Beef, &c from Ireland, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to continue, for a limited Time, an Act made in the last Session of Parliament; intituled, "An Act to permit the Importation of salted Beef, Pork, and Butter, from Ireland, for a limited Time;" and to amend the said Act."

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

It was Resolved in the Affirmative.

Exportation of Corn, &c. and making Spirit, from it Prohibition to continue, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to continue for a further Time, the Prohibition of the Exportation of Corn, Malt, Meal, Flour, Bread, Biscuit, and Starch; and also to continue, for a further Time, the Prohibition of the making of Low Wines and Spirits from Wheat, Barley, Malt, or any other Sort of Grain, or from Meal or Flour; and to prohibit, for a limited Time, the making of Low Wines and Spirits from Bran."

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

It was Resolved in the Affirmative.

Ecton Enclosure, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, in the Parish of Ecton, in the County of Northampton."

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 preceding Bills.

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

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

Codrington to take the Name of Bethell, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Christopher Codrington Esquire, now called Christopher Bethell, and his Heirs Male, to take and use the Surname and Arms of Bethell, pursuant to the Will of Slingsby Bethell Esquire, deceased."

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

E. Winchilsea.
E. Strafford.
E. Halifax.
L. Abp. Canterbury.
L. Bp. Litch. & Cov.
L. Bp. Gloucester.
L. Bp. Bristol.
L. Willoughby Par.
L. Hay.
L. Onslow.
L. Sandys.

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

Account of Ships from Scotland employed in the Whale Fieshry, and Account of Corn, &c. exported from Scotland.

The House being informed, "That Mr. Rowe, from the Commissioners of the Customs in Scotland, attended:"

He was called in; and delivered, at the Bar, pursuant to the Directions of Acts of Parliament,

"1. An Account of what Number of Ships from Scotland have been employed in the Whale Fishery to Davis's Streights and The Greenland Seas, with their respective Names and Burdens, from whence they were fitted out, and at what Port they were discharged; and also what Quantity of Oil or Whale Fins each Ship has imported, from the 10th of October 1757."

"2. An Account of all Corn, Malt, Meal, Flour, Bread, Biscuit, and Starch, that have been exported out of that Part of Great Britain called Scotland, from the 1st Day of December 1757, to the 14th of November 1758."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Bills passed by Commission.

The Lord Keeper acquainted the House, "That His Majesty had been pleased to grant a Commission under the Great Seal, for declaring His Royal Assent to several Acts agreed upon by both Houses."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack; the Lord Keeper in the Middle; with the Archbishop of Canterbury on his Right Hand; and the Earl of Halifax on his Left; commanded the Deputy Gentleman Usher of the Black Rod to let the Commons know, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Keeper said,

"My Lords, and Gentlemen of the House of Commons,

"His Majesty, not thinking fit to be present here this Day, in His Royal Person, has been pleased to cause a Commission to be issued under His Great Seal, and thereby given His Royal Assent to certain Acts, which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly set forth. His Majesty hath also, by the said Commission, authorized and commanded the said Commissioners, who are appointed by former Letters Patent to hold this Parliament, to declare and notify, in His Majesty's Absence, His Royal Assent to the said Acts, in this House, in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission you will now hear read."

Then the said Commission was read, by the Clerk, as follows:

"GEORGE R.

"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 the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Boroughs, of the House of Commons, in this present Parliament assembled, Greeting. Whereas We have seen, and perfectly understood, divers and sundry Acts, agreed and accorded on by you Our loving Subjects the Lords Spiritual and Temporal and the Commons in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say,) "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-nine:" "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-nine:" "An Act to continue, for a limited Time, an Act made in the last Session of Parliament, intituled, "An Act to permit the Importation of salted Beef, Pork, and Butter, from Ireland, for a limited Time;" and to amend the said Act:" "An Act to continue, for a further Time, the Prohibition of the Exportation of Corn, Malt, Meal, Flour, Bread, Biscuit, and Starch; and also to continue, for a further Time, the Prohibition of the making of Low Wines and Spirits from Wheat, Barley, Malt, or any other Sort of Grain, or from Meal or Flour; and to prohibit, for a limited Time, the making of Low Wines and Spirits from Bran:" "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, in the Parish of Ecton, in the County of Northampton." And albeit the said Acts by you Our said Subjects the Lords and Commons in this Our present Parliament assembled are fully agreed and consented unto; yet, nevertheless, the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts: And forasmuch as, for divers Causes and Considerations, We cannot conveniently at this Time be present, in Our Royal Person, in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons: We have therefore caused these Our Letters Patent to be made, and have signed the same; and, by the same, do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions; therein contained; and have fully agreed and assented to the said Acts; willing, that the said Acts, and every Article, Clause, Sentence, and Provision, therein contained, from henceforth, shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly, in the Presence of you all, assented to the same. And We do, by these Presents, declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal and Commons in Parliament assembled aforesaid, as to all others whom it may concern; commanding also, by these Presents, Our Right Trusty and Well-beloved Counsellor Sir Robert Henley Knight, Keeper of Our Great Seal of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; and also commanding Our most Dear and Entirely-beloved Son and Faithful Counsellor William Duke of Cumberland, the most Reverend Father in God Our Right Trusty and Well-beloved Counsellor Thomas Archbishop of Canterbury Primate and Metropolitan of all England, Our said Keeper of Our Great Seal of Great Britain, Our Right Trusty and Right Well-beloved Cousins and Counsellors John Earl Granville President of Our Council, Richard Earl Temple Keeper of Our Privy Seal, Our Right Trusty and Right Entirely-beloved Cousins and Counsellors John Duke of Rutland Steward of Our Household, William Duke of Devonshire Chamberlain of Our Household, John Duke of Bedford Lieutenant General and General Governor of Our Kingdom of Ireland, Archibald Duke of Argyll, Thomas Holles Duke of Newcastle First Commissioner of Our Treasury, Lionel Cranfield Duke of Dorset, Our Right Trusty and Right Well-beloved Cousins and Counsellors Robert Earl of Holdernesse One of Our Principal Secretaries of State, William Henry Earl of Rochford Groom of Our Stole, George Dunk Earl of Halifax, Granville Earl Gower Master of Our Horse, Philip Earl of Hardwicke; and Our Right Trusty and Well-beloved Counsellors George Lord Anson First Commissioner of Our Admiralty, and William Lord Mansfield Our Chief Justice assigned to hold Pleas before Us; or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence, in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as are requisite and hath been accustomed for the same, and also to enrol these Our Letters Patent and the said Acts in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf. And, finally, We do declare and will, that, after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted, good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing, or Things, to the contrary thereof notwithstanding. And whereas, by Our Letters Patent, bearing Date at Westminster, the Twenty-first Day of November last past, We did give and grant unto the same Our most Dear Son, the said Archbishop of Canterbury, Keeper of Our Great Seal of Great Britain, President of Our Council, Keeper of Our Privy Seal, Steward of Our Household, Chamberlain of Our Household, Duke of Bedford, Duke of Argyll, Duke of Newcastle, Duke of Dorset, Earl of Holdernesse, Earl of Rochford, Earl of Halifax, Earl Gower, Earl of Hardwicke, Lord Anson, and Lord Mansfield, and any Three or more of them, full Power, in Our Name, to hold Our said Parliament, and to open and declare, and cause to be opened and declared, the Causes of holding the same, and to proceed upon the said Affairs in Our said Parliament, and in all Matters arising therein, and to do every Thing which for Us, and by Us, for the good Government of Our said Kingdom of Great Britain, and of other Our Dominions belonging to Our said Kingdom, should be therein to be done; and also, if necessary, to continue, adjourn, and prorogue, Our said Parliament; We do hereby further declare, That Our said Letters Patent, and every Clause, Matter, and Thing therein contained, are, and shall be in as full Force and Strength (these Our Letters Patent, or any Thing herein, notwithstanding) as if these Presents had not been had or made: And Our Will and Pleasure is, and We do ordain and constitute, that the same, Our most Dear Son, the said Archbishop of Canterbury, Keeper of Our Great Seal of Great Britain, President of Our Council, Keeper of Our Privy Seal, Steward of Our Household, Chamberlain of Our Household, Duke of Bedford, Duke of Argyll, Duke of Newcastle, Duke of Dorset, Earl of Holdernesse, Earl of Rochford, Earl of Halifax, Earl Gower, Earl of Hardwicke, Lord Anson, and Lord Mansfield, and any Three or more of them, shall put in Execution all the Powers and Authorities in the said Letters Patent mentioned and expressed, that yet remain to be done and executed. In Witness whereof, We have caused these Our Letters to be made Patent.

"Witness Ourself, at Westminster, the Fourteenth Day of December, in the Thirty-second Year of Our Reign.

"By the King Himself, signed with His own Hand.

"Yorke & Yorke."

Then the Lord Keeper said,

"In Obedience to His Majesty's Commands, and by virtue of both Commissions already mentioned to you, (one whereof has been now read) we declare and notify to you the Lords Spiritual and Temporal and Commons in Parliament assembled, that His Majesty hath given His Royal Assent to the several Acts in the last-mentioned Commission described; and the Clerks are required to pass the same, in the usual Form and Words."

Then the Clerk Assistant, having received the Money Bills from the Hands of the Speaker, brought them to the Table; where the Deputy Clerk of the Crown read the Titles of those and the other Bills to be passed, severally, as follow; (videlicet,)

"1. An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-nine."

"2. An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-nine."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet,)

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

"3. An Act to continue, for a limited Time, an Act made in the last Session of Parliament, intituled, An Act to permit the Importation of Salted Beef, Pork, and Butter, from Ireland, for a limited Time;" and to amend the said Act."

"4. An Act to continue, for a further Time, the Prohibition of the Exportation of Corn, Malt, Meal, Flour, Bread, Biscuit, and Starch; and also to continue, for a further Time, the Prohibition of the making of Low Wines and Spirits from Wheat, Barley, Malt, or any other Sort of Grain, or from Meal or Flour; and to prohibit, for a limited Time, the making of Low Wines and Spirits from Bran."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet,)

"Le Roy le veult."

"5. An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, in the Parish of Ecton, in the County of Northampton."

To this Bill the Royal Assent was pronounced, by the Clerk Assistant, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quintum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 15o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Litch. & Cov.
Epus. Cicestrien.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Newcastle.
March. Tweeddale.
Comes Rochford.
Comes Coventry.
Comes Marchmont.
Comes Gower.
Comes Hardwicke.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Cathcart.
Ds. Hay.
Ds. Middleton.
Ds. Masham.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Mansfield.
Ds. Harwich.
Ds. Lyttelton.

PRAYERS.

Ld. Charles Cavendish against Sir James Lowther.

The Answer of Sir James Lowther Baronet, to the Appeal of Lord Charles Cavendish, was brought in.

Ld. Middleton takes his Seat.

This Day Francis Lord Middleton sat first in Parliament, after the the Death of his Father Francis Lord Middleton; his Lordship having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

E. Crawfurd & al. against Martin & al.

After hearing Counsel in Part, in the Cause wherein George Earl of Crawfurd and others are Appellants, and David Martin and others Respondents, et è contra;

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum octavum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 18o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Dux Newcastle.
March. Tweeddale.
Comes Warwick.
Comes Shaftesbury.
Comes Cholmondeley.
Comes Marchmont.
Comes Halifax.
Comes Hardwicke.
Ds. Willoughby Par.
Ds. Wentworth.
Ds. Delamer.
Ds. Cathcart.
Ds. Hay.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Anson.
Ds. Ponsonby.
Ds. Mansfield.

PRAYERS.

Ld. R. Manners against Moore & al.

The House being informed, "That Charles Farran attended, in order to deliver in Copies of Papers and Proceedings relating to a Cause depending in this House, wherein the Lord Robert Manners and others are Appellants, and Stephen Moore and others are Respondents:"

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

And then he withdrew.

Urquhart to enter into a Recognizance on Mearns's Appeal.

The House being moved, "That George Urquhart may be permitted to enter into a Recognizance for Patrick Mearns and Charles Grant, on account of their Appeal depending in this House; they living in Scotland:"

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

E. Crawfurd & al. against Martin & al.

After hearing Counsel further, in the Cause wherein George Earl of Crawfurd and others are Appellants, and David Martin and others Respondents, et è contra:

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

Wilford's Divorce Bill.

Ordered, That the Second reading of the Bill, intituled, "An Act to dissolve the Marriage of Edward Wilford Gentleman with Rachel Norsa his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and for other for and against the same, which is appointed for Tomorrow, be put off till Tuesday the 23d Day of January next; and that the several Persons, who were ordered to attend as Witnesses upon the said Second Reading, do then attend.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum nonum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 19o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Eliens.
Epus. Bath. & Wells.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.
March. Tweeddale.
Comes Warwick.
Comes Winchilsea.
Comes Shaftesbury.
Comes Marchmont.
Comes Halifax.
Comes Hardwicke.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Cathcart.
Ds. Sandys.
Ds. Mansfield.
Ds. Lyttelton.

PRAYERS.

Codrington to take the Name of Bethell, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Christopher Codrington Esquire, now called Christopher Bethell, and his Heirs Male, to take and use the Surname and Arms of Bethell, pursuant to the Will of Slingsby Bethell Esquire, deceased," was committed, "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Macleod against Brown.

Upon reading the Petition and Appeal of Roderick Macleod of Cadboll Esquire; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 15th of June and 28th of July 1756; and of Two Interlocutors of the Lord Ordinary, of the 5th of July 1757 and 8th of July 1758; and of another Interlocutor of the said Lords, of the 6th of this Instant December; and praying, "That the same may be reversed, and that William Broun Pursuer, the only surviving Executor of Mr. David Coupar, deceased, may be required to answer the said Appeal; and that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet:"

It is Ordered, That the said William Broun may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 16th Day of January next; and Service of this Order upon any of his Procurators or Agents before the Court of Session in Scotland shall be deemed good Service.

Carlisle Military Road: Proceedings of the Trustees delivered.

The House being informed, "That Mr. Bigge, from the Commissioners and Trustees appointed to put in Execution an Act of the 24th Year of the Reign of His present Majesty, for making a Road for the Passage of Troops and Carriages from Carlisle to Newcastle, attended:"

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

"Copies of the Proceedings and Accompts of the said Commissioners and Trustees."

And then he was directed to withdraw.

And the Title thereof was read, by the Clerk, as follows:

"1758.

"Copies of all the Orders and Acts of the Commissioners and Trustees; and also the Accompt of the Receipts and Disbursements of George Blamire Gentleman, Treasurer to and for the said Commissioners and Trustees, nominated and appointed for putting in Execution an Act passed in the Twenty-fourth Year of the Reign of His present Majesty, intituled, "An Act for laying out, making, and keeping in Repair, a Road proper for the Passage of Troops and Carriages from the City of Carlisle to the Town of Newcastle upon Tyne, so far as the same relates to or concerns that Part of the said Road which lies in the County of Cumberland."

Ordered, That the same do lie on the Table.

Pippard against Corporation of Drogheda:

The House being informed, "That Mr. Charles Farran attended, in order to deliver in Copies of Papers and Proceedings relating to a Cause depending in this House, wherein Henry Pippard Esquire is Appellant, and the Mayor, Burgesses, &c. of Drogheda and others are Respondents:"

Pleadings proved.

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

And then he withdrew.

Writs of Error; Jackson against Outrem; and Vander Heyden against Verney.

The Lord Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in, at the Table, Two Writs of Error; in one of which,

William Jackson is Plaintiff, and Job Outrem Defendant:

And in the other, Dirk Vander Heyden is Plaintiff, and George Verney is Defendant.

Honington Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open, Arable, Meadow, Pasture, and Waste Grounds, in the Parish of Honington, in the County of Warwick;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

E. Crawfurd & al. against Martin & al. et è contra.

After hearing Counsel, as well on Friday last and Yesterday as this Day, upon the Original Petition and Appeal of George Earl of Craufurd and Lindsay, and of George Ross Esquire his Trustee; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 14th of July and 20th of December 1757; and praying, "That the same might be reversed or varied; and that the Appellants might have such other Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:" As likewise upon the Cross Appeal of David Kinlock of Gilmertoun Esquire, and Mr. Hary Barclay of Collearnie Advocate, Creditors themselves, and as Trustees for the other Creditors, of the deceased William Earl of Craufurd, and of the remanent Creditors of the said William Earl of Craufurd; complaining of Part of the said Interlocutor of the 14th of July 1757; and praying, "That the same might be reversed or varied; and that the Appellants in the said Cross Appeal might have such other Relief in the Premises as to this House in their "Lordships great Wisdom should seem meet:" As also upon the Answer of David Martin of Clearmouth and others, Creditors of the said William Earl of Craufurd, put in to the said Original Appeal; and the Answer of the said George Earl of Craufurd and Lindsay, and of George Ross his Trustee, put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cross Appeal be, and is hereby, dismissed this House; and that so much of the said Interlocutor of the 14th of July 1757, therein complained of, as finds, "That the Disposition of 1678, by William Earl of Craufurd, to his Creditors, is a redeemable Right," be, and the same is hereby, affirmed: And it is hereby further Ordered and Adjudged, That the Residue of the said Interlocutor, and the subsequent Interlocutor of the 20th of December 1757, adhering thereto, be, and the same are hereby, reversed: And it is hereby Declared, That the Agreement insisted upon, by the Respondents to the Original Appeal, to have been made between the Appellant the Earl of Craufurd, the Creditors of Earl John, and the Respondents the Creditors of Earl William, was not a finished Bargain; and that the Appellants in the Original Appeal are not thereby excluded from quarelling the Decree of Ranking carried on in Consequence thereof: And it is further Ordered, That the Cause be remitted to the Court of Session, to proceed accordingly.

Loftus Hume against Rochford & al.

Upon reading the Petition and Appeal of Nicholas Loftus Hume, an Infant, only Son and Heir Apparent of the Honourable Nicholas Loftus of Clermont in the County of Wicklow Esquire, who is the Eldest Son and Heir Apparent of the Right Honourable Nicholas Lord Viscount Loftus of Ely in the Kingdom of Ireland, by his said Father, Guardian, and next Friend, the said Nicholas Loftus; and also of the said Nicholas Loftus; complaining of certain Orders of the Court of Chancery in Ireland, of the 5th Day of June last, and of the 18th and 25th of November last; and praying, "That the same may be reversed and set aside; and that George Rochford Esquire and Alice his Wife may be required to answer the said Appeal; and that this House will be pleased to grant the Appellant such other Relief in the Premises as to their Lordships in their great Wisdom shall seem meet:"

It is Ordered, That the said George Rochford and Alice his Wife may have a Copy of the said Appeal; and do put in their Answer thereunto, in Writing, on or before Tuesday the 23d Day of January next; and Service of this Order upon their Clerk in Court or Agent shall be deemed good Service.

Urquhart to enter into Recognizance on Macleod's Appeal.

The House being moved, "That George Urquhart may be permitted to enter into a Recognizance for Roderick Macleod Esquire, on account of his Appeal depending in this House; he living in Scotland:"

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum sextum diem Januarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Origin. Appellants.