House of Lords Journal Volume 26: February 1743, 1-10

February 1743, 1-10

DIE Martis, 1^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Report on Mr. Elwick's Pet. and Leave for a Bill.

The Earl of Warwick reported from the Lords Committees appointed to consider of the Petition of John Elwick Esquire; praying Leave to bring in a Bill, for vesting in the Petitioner the Property assigned to him, which was granted by certain Letters Patent under the Great Seal, bearing Date the 21st Day of November, in the 8th Year of His present Majesty's Reign, unto John Tuite Goldsmith, (fn. 1) of the sole Use, Exercise, and Advantage, of an Engine, by him invented, for making Stone Pipes, for the Term remaining therein unexpired; and for enlarging the said Term for such further Time as to this House in their great Goodness shall seem meet: "That they had considered the Matter to them referred; and that the Petitioner has so far made out the Allegations of his said Petition, that the Committee are of Opinion, that Leave be given to bring in a Bill, according to the Prayer of the said Petition."

Which Report, being read by the Clerk, was agreed to by the House.

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

Earley Common, enclosing, Bill.

The Lord Cadogan reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming, establishing, and making effectual, certain Articles of Agreement, made and entered into, for enclosing and dividing several Common Fields, lying in Early, in the Parish of Soning, in the County of Berks; and for exchanging several ancient Enclosures in Early aforesaid," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Holder & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Charles Holder Esquire and others; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Bath-Hampton, being the Estate of Charles Holder Esquire, for Payment of Encumbrances affecting the same; and for other Purposes therein mentioned."

D. of Kingston, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Evelyn Duke of Kingston and Lady Carolina Pierrepoint; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Hereditaments, in Sturton and Walkeringham, in the County of Nottingham, entailed by the Will of Evelyn late Duke of Kingston, deceased, in Evelyn now Duke of Kingston, in Fee Simple, discharged of the Uses, Trusts, and Limitations, of the said Will; and for settling, in Lieu thereof, other Lands and Hereditaments, of greater Value, to the like Uses."

Against assisting Prisoners to escape, Bill.

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

With a Bill, intituled, "An Act for the further Punishment of Persons who shall assist or encourage Prisoners to escape;" to which they desire the Concurrence of this House.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Robert Long and others:

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing the several Roads leading from the Town of Warminster, in the County of Wilts;" to which they desire the Concurrence of this House.

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

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

Sir Dudley Ryder, Leave for a Bill to exchange Nuneaton Vicarage Lands:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Dudley Ryder Knight and others; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for exchanging Part of the Glebe Lands and Hereditaments belonging to the Vicarage of Nuneaton, in the County of Warwick, for the Rectorial Tithes and certain Lands in the Parish of Nuneaton, belonging to the Impropriator."

The Duke of Newcastle acquainted the House, "That His Majesty, having been informed of the Contents of the said Bill, was graciously pleased to consent thereunto, so far as the Interest of the Crown was concerned."

Estimates of the Land Forces considered.

The Order of the Day being read, for taking into Consideration the Estimates and Accompt laid before this House, the 11th of January, from the Office of Secretary at War, pursuant to their Lordships Address to His Majesty of the 15th of December last.

Motion for an Address, to beseech the King will

exonerate His Subjects of the Charge of the Foreign Troops taken into the Service:

It was moved, "To resolve, That an humble Address be presented to His Majesty, to beseech and advise His Majesty, that, considering the excessive and grievous Expences incurred by the great Number of Foreign Troops now in the Pay of Great Britain (Expences so increased by the extraordinary Manner, as we apprehend, of making the Estimates relating thereunto, and which do not appear to us conducive to the Ends proposed), His Majesty will be graciously pleased, in Compassion to His People, loaded already with such numerous and heavy Taxes, such large and growing Debts, and greater Annual Expences than this Nation at any Time ever before sustained, to exonerate His Subjects of the Charge and Burden of those Mercenaries, who were taken into our Service last Year without the Advice or Consent of Parliament."

After long Debate thereupon;

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

"Gower, C. P. S.
Cobham.

"1st, Because we apprehend, that the assembling an Army in Flanders last Year, without the Concurrence of The States General, was a Measure not only unwarranted by any Advice or Consent of Parliament, but directly repugnant to the declared Sense of the House of Commons, in their Resolution of the 23d of March last; it not appearing to us, that any One Power engaged by Treaty, or bound by Interest, to support the Queen of Hungary, except England alone, had come in, to give Her any Assistance, or to co-operate with us in any Plan to which an Army in Flanders could be supposed to conduce: And therefore the Support then promised by that House to His Majesty, upon an express conditional Supposition of our being joined by such other Powers, is so far from authorizing a Measure entered upon in Circumstances totally different, that it plainly points out the Opinion of Parliament against such an Undertaking.

"2dly, Because the taking 16,000 Hannoverians into the Service of Great Britain, to act in Conjunction with the English Forces assembled in Flanders, without consulting the Parliament upon an Affair of such an important and delicate Nature (although it was foreseen and pointed out by the King to both Houses of Parliament at the Close of the last Session, and is expressly referred to in His Majesty's Speech at the Opening of this), seems to us highly derogatory to the Rights, Honour, and Dignity, of the Great Council of the Nation, and a very dangerous Precedent to future Times.

"3dly, Because the restoring the Balance of Power in Europe, by raising the House of Austria to its former Condition of Influence, Dominion, and Strength, is an Object quite unattainable by the Arms of Great Britain alone; and for the attaining of which, no other Power has joined, or is likely to join, with us, in any offensive Engagements, either against the Emperor or against France.

"4th, Because such an Assistance to the Queen of Hungary, as the Situation of Her Affairs and that of all Europe as well as the particular Interest and Policy of this Island require, would have been more properly given in Money, with much less Expence and Danger to us, with much more Effect and Advantage to our Ally. The 38,000 Men, now said to be paid for Her Service, cost this Nation £. 1,400,000; One Half of which Sum would have enabled Her to maintain a greater Number of Men capable of acting wherever Her Affairs might require; so that above £. 700,000 seems to be wantonly lavished away upon this Occasion, besides the Lives of many of the Subjects of Great Britain.

"5thly, Because we apprehend, that the Troops of the Elector of Hannover cannot be employed to act in Germany against the Head of the Empire, whose Title and Cause have been avowed by the whole Body, in granting Him an Aid of Fifty Roman Months for His Support in this very War, without incurring the Risk of such Consequences, upon any ill Success, as neither consist with the Safety of Hannover, nor with the Prudence of England. In which Apprehension we are strongly confirmed, by these Troops not having acted in Opposition to Mareschal Maillebois, at a Juncture of Time when such an Assistance given to the Queen of Hungary might have been decisive; and for losing which Opportunity, no other natural or probable Reason appears.

"6thly, Because the assembling an Army in Flanders, not then attacked by the French; nor, as it appears to us, in any Danger of being attacked, could be of no Use to the Power we designed to assist, nor give any Hindrance or Terror to France with regard to the Designs she was then pursuing; but may, in its future Consequences, probably tend to draw the Arms of that Crown into those Parts where they can act with the greatest Advantage, and engage this Nation as Principals in a Land War; the Expence and Danger of which are much more certain and evident than the Support we shall find in it from other Powers, or the Means we shall have of carrying it on.

"7thly, Because we observe, with the utmost Concern, that, while Great Britain is exhausting itself almost to Ruin, in Pursuance of Schemes pretended to be founded on our Engagements to the Queen of Hungary, the Electorate of Hanover, though under the same Engagements, as well as under the same Prince, does not appear to contribute any Thing as an Ally to Her Assistance, but is paid by Great Britain for all the Forces it has now in the Field; and the Bargain made for those Forces is much more disadvantageous to us than what we concluded with that Electorate in the Year 1702; for, in the Convention then signed, there is no Stipulation either for Levy money or for Recruit-money, with both which we are charged in the present Demand, besides other extraordinary Articles. And we conceive that the Article of Levy-money, amounting alone to no less a Sum than £. 139,313, is a more particular Hardship upon us, because it is known to all the World that these 16,000 Men were not levied at the Request, nor for the Service of England; but that the only Addition made to the usual Establishment of the Electoral Forces in Time of Peace was 6000 Men, raised some Time before upon the Death of the late Emperor, and for the Service of His Majesty's German Dominions: Nor can we help observing, that, when we contracted for Hanover Troops in June 1702, their Pay did not commence till the Beginning of that very Month in which some had already taken the Field, and the rest were actually upon the March; so that, the Contract being only to the First of January following, England received the Benefit of the Service of those Troops during a whole Campaign for the Pay of Seven Months only; whereas, by now taking these Troops into our Pay from the 31st of August 1742 (that is a Month before they began their March into Flanders) till the 26th of December 1743, we shall give them Sixteen Months Pay for the Service of One Campaign only, if they should ever make a Campaign at all. So that Hannover not only receives the great and immediate Profit of this advantageous Bargain, but is also exonerated of above Half the Number of Forces which it used to maintain in Times of the most profound Tranquillity.

"8thly, Because the making so unnecessary a Bargain, in so very unthrifty a Manner, when this Nation is groaning under so heavy a Load of Debts and Taxes, engaged in a Maritime War at a mighty Expence, and with doubtful Success, maintaining a great National Army Abroad, and at the same Time burdened at Home with 23,000 Men (the Use of which we cannot discover), over and above 11,550 Marines, excites in our Minds the most alarming and melancholy Apprehensions of the Dissatisfaction and Jealousy that may arise in the Breasts of His Majesty's most faithful Subjects, if ever the servile Ambition of any Minister should attempt to gain, and to taint, the Royal Ear, by a mistaken Adulation to an imagined Partiality (which we are persuaded does not and cannot exist) in the Behalf of an Interest foreign to that of this Kingdom: Were it ever to be suspected, from any such new and surprizing Appearances, that this Nation could be engaged in the most expensive, chimerical, and dangerous Schemes, entered into without the Advice or Approbation of Parliament, that its Treasure could be exhausted, its Honour exposed, and its Safety risked, for no other End than to advance that Foreign Interest, and make such a Compliance the Price of Favour and Power; we are convinced, it would be attended with more Alienation of the Hearts of the People from His Majesty's Person and Family, than almost any other Mismanagement could ever produce. We therefore think it the highest Duty we owe to our King and Country, to enter our timely Protest against the Approach of so fatal a Mischief, to deprecate the pernicious Effects of it in the most solemn Manner we can, and to express our earnest Desire that this Motion had been complied with, in order to stop an Evil in its Beginnings, by the prudent and salutary Intervention of One House of Parliament, which, by the increasing Corruption of Ministers, may be extended so far, as either to throw this Nation into the greatest Disorders, or reduce it to a State of the meanest Dependency.

Chesterfield.
Denbigh.
Stanhope.
St. John.
Oxford & Mortimer.
Hereford.
Rockingham.
Bridgewater.
Craven.
Montjoy.
Talbot.
Northampton.
Westmorland.
Abingdon.
Sandwich.
Ailesbury.
Aylesford.
Coventry.
Beaufort.
Bedford.
Litchfield.
Foley.
Shaftesbury.
Haversham."

Resolution that the sending a large Body of British Troops into The Netherlands, and augmenting them with a Body of Foreign Troops, was a wife Measure:

Then it was moved, "To resolve, That, in the unsettled and dangerous Situation of Affairs in Europe, the sending a considerable Body of British Forces into The Austrian Netherlands, and augmenting the same with Sixteen Thousand of His Majesty's Electoral Troops, and the Hessians in the British Pay, and thereby, in Conjunction with the Queen of Hungary's Troops in The Low Countries, forming a great Army for the Service of the common Cause, was a wise, useful, and necessary Measure, manifestly tending to the Support and Encouragement of His Majesty's Allies, the real and effectual Assistance of the Queen of Hungary, and the restoring and maintaining the Balance of Power, and has already produced very advantageous Consequences."

Which being objected to:

The Question was put thereupon.

And it was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"Gower, C. P. S.
Oxford & Mortimer.
Cobham.
Chesterfield.
Denbigh.
Shaftesbury.
Bridgewater.
Talbot.
Rockingham.
Montjoy.
Northampton.
Westmorland.
Abingdon.
Sandwich.
Craven.
St. John.
Litchfield.
Ailesbury.
Hereford.
Coventry.
Aylesford.
Stanhope.
Bedford.
Beaufort.
Foley.
Haversham."

His Majesty to be attended with the Resolution.

Ordered, That the Lords with White Staves do attend His Majesty, with the said Resolution.

Mercer against Butler & al.

A Petition of John Burke, Agent for Robert Mercer, Appellant, and of Richard Lahy, Agent for Margaret Lady Iveagh and others Respondents, was presented to the House, and read; praying, "In regard an amicable Accommodation of this Cause is not yet quite compleated, but soon expected; that the Hearing thereof may be further adjourned to such Time as the House shall think fit."

And thereupon the Petitioners were called in, and heard.

And being withdrawn:

Ordered, That the said Hearing be adjourned accordingly, till To-morrow Three Weeks.

Adjourn.

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

DIE Veneris, 4^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hume Campbell against Home & al.

The Answer of David Home and John Sinclair, to the Appeal of Alexander Hume Campbell Esquire, was brought in.

L. Maynard takes his Seat.

Grey Lord Maynard fat first in Parliament, after the Death of his Brother Henry Lord Maynard; 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.

Report of attending the King, with the Resolution.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) attended His Majesty with the Resolution of this House on Tuesday last; and that His Majesty received the same very graciously."

Great Brington Common; enclosing, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing certain Common Fields, within the Parish of Great Brington, in the County of Northampton;" to which they desire the Concurrence of this House.

Bellamy to take the Name of Crayle, Bill.

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

With a Bill, intituled, "An Act to enable Crayle Bellamy to take and use the Surname of Crayle;" to which they desire the Concurrence of this House.

The First mentioned Bill was read the First Time.

Earley Common, enclosing, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming, establishing, and making effectual, certain Articles of Agreement, made and entered into, for enclosing and dividing several Common Fields, lying in Earley, in the Parish of Sonning, in the County of Berks; and for exchanging several ancient Enclosures in Earley aforesaid."

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

It was Resolved in the Affirmative.

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

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

L. Abergavenny's Privilege:

Complaint being made to the House, and Oath at the Bar, "That Benjamin Lewis Samuel and Walter Lewis Samuel did cut down a Bank, or Stank, within the Manor of Abergavenny, in the County of Monmouth, on the 25th of November last, in Breach of the Privilege of the Lord Abergavenny, and the Privilege of this House:"

Lewis to be attached, for cutting down a Bank belonging to him.

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

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

Holder's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Sale of the Manor of Bath-Hampton, being the Estate of Charles Holder Esquire, for Payment of Encumbrances affecting the same; and for other Purposes therein mentioned."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Saturday the 19th Day of this Instant February; and to adjourn as they please.

Ly. Petre, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Anne Lady Petre; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to empower Two of the Trustees named in the Marriage Settlement of the late Lord Petre, deceased, to grant Leases, without the Concurrence of the other Trustee named in the said Settlement."

D. of Kingston's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Hereditaments, in Sturton and Walkeringham, in the County of Nottingham, entailed by the Will of Evelyn late Duke of Kingston, deceased, in Evelyn now Duke of Kingston, in Fee Simple, discharged of the Uses, Trusts, and Limitations, of the said Will; and for settling, in Lieu thereof, other Lands and Hereditaments, of greater Value, to the like Uses."

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

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

Sir D. Rider's Bill, for exchanging Nuneaton Vicarage Lands.

Hodie 2^a vice lecta est Billa, intituled, "An Act for exchanging Part of the Glebe Lands and Hereditaments belonging to the Vicarage of Nuneaton, in the County of Warwick, for the Rectorial Tithes and certain Lands in the Parish of Nuneaton, belonging to the Impropriator."

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

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

Chadwick & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making perpetual an Agreement for the Exchange of Lands for Tithes, made between Evelyn Chadwicke Esquire, Lord of the Manor of West Leake, in the County of Nottingham, and Granville Wheler Clerk, Rector of the Parish Church there."

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

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

Ainslie & al. against Arbuthnot and Co.

After hearing Counsel, in Part, upon the Petition and Appeal of George Ainslie of Bourdeaux Merchant, and Alexander Innes Writer in Edinburgh, to which Alexander Arbuthnot and Company are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next.

Adjourn.

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

DIE Lunæ, 7^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act for repairing the High Road from Boroughbridge, in the County of York, to Catherick, in the same County, and from thence to Piersbridge, on the River Tees;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir Hugh Smithson and others:

With a Bill, intituled, "An Act to enable the present and future Proprietors and Inhabitants of the Houses in Charter-house Square, in the County of Middlesex, to make a Rate, for raising Money, effectually to enclose, pave, watch, clean, and improve, the said Square; and to continue the same in Repair;" to which they desire the Concurrence of this House.

State of the National Debt delivered.

The House being informed, "That Mr. Dawson, from the Exchequer, attended:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Address of the 18th of January last,

"A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1741, and 31st of December 1742; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied."

And then he was directed to withdraw.

And the Title of the said State being read, by the Clerk:

Ordered, That the same do lie on the Table.

Report from Commissioners of Greenwich Hospital delivered.

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

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

"A Report of the said Commissioners, of what Money has been received from the Derwentwater Estate, between 1st December 1741, and 30th November 1742; and of their Proceedings in carrying on the Building."

And then he was directed to withdraw.

And the Title of the said Report being read, by the Clerk:

Ordered, That the same do lie on the Table.

Willis, to take the Name of Compton, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act to enable Henry Willis Esquire, now called Henry Compton, and his Issue Male and Descendants, to take and use the Surname of Compton, pursuant to the Will of Elianor Bave Widow, deceased," stands committed, be revived; and meet To-morrow.

Rookes to take the Name of Leedes, Bill.

The like Motion and Order, for reviving the Committee to whom the Bill, intituled, "An Act to enable Edward Rookes Esquire to take and use the Surname of Leedes only, pursuant to the last Will and Testament of Robert Leedes, late of North Milforth, in the County of York, Esquire, deceased," stands committed.

Ainslie & al. against Arbuthnot and Co.:

After hearing Counsel, as well on Friday last as this Day, upon the amended Petition and Appeal of George Ainslie of Bourdeaux Merchant, and Alexander Innes Writer in Edinburgh, his Factor, for his Interest; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 14th Day of July and 18th Day of December 1739, made on the Behalf of Alexander Arbuthnot and Company; and praying, "That the same might be reversed; and that the Appellants might have such Relief as to this House in their great Wisdom should seem meet:" As also upon the Answer of the said Alexander Arbuthnot and Company put in to the said Appeal; and due Consideration and Debate 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 Interlocutor of the 14th of July 1739, and the Interlocutor of the 18th of December following, adhering thereto, be, and the same are hereby, reversed; and that, in the Interlocutor of the 7th of June 1739, in the Appeal mentioned, these Words ["without making any Entry in their Books, or taking any other Document that these Bills were for the Behoof of George Ainslie, and"] be omitted; and that the said Interlocutor, with this Omission, be, and the same is hereby, affirmed.

Pollard & al. against Haswell & al.:

Upon reading the Petition of Samuel Haswell and Edward Hunt, Defendants in a Writ of Error brought into this House the 25th Day of January last, wherein Robert Pollard and John Boyce are Plaintiffs; praying, In regard the Plaintiffs have not assigned Errors within the Time limited by the Standing Order of this House, that the same may be Non pros'd, with such Costs as to their Lordships shall seem reasonable:

Writ of Error Non pros'd.

It is Ordered, That the Petitioners do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House: And further, that the Plaintiffs in Error do pay, or cause to be paid, to the said Defendants, the Sum of Ten Pounds, for their Costs by reason of the Delay of the Execution of the said Judgement.

Brington Common, enclosing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Common Fields, within the Parish of Great Brington, in the County of Northampton."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Tuesday the 22d Day of this Instant February; and to adjourn as they please.

Adjourn.

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

DIE Martis, 8^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Willis to take the Name of Compton, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Henry Willis Esquire, now called Henry Compton, and his Issue Male and Descendants, to take and use the Surname of Compton, pursuant to the Will of Elianor Bave, Widow, deceased," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Rookes to take the Name of Leeds, Bill.

His Lordship made the like Report from the Lords Committees to whom the Bill, intituled, "An Act to enable Edward Rookes Esquire to take and use the Surname of Leedes only, pursuant to the last Will and Testament of Robert Leedes, late of North Milforth, in the County of York, Esquire, deceased," was committed.

And the like Order was made.

Boroughbridge Road, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing the High Road from Boroughbridge, in the County of York, to Catherick, in the same County, and from thence to Piersbridge, on the River Tees."

Charterhouse Square enclosing, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the present and future Proprietors and Inhabitants of the Houses in Charterhouse Square, in the County of Middlesex, to make a Rate, for raising Money, effectually to enclose, pave, watch, clean, and improve, the said Square, and to continue the same in Repair."

Fitzherbert, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Fitzherbert Esquire and others; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for empowering Thomas Fitzherbert the Younger, Esquire, to make Jointures, during the Life-time of Thomas Fitzherbert Esquire his Father; and also to grant Annuities to his Younger Sons, in such Manner as is therein mentioned."

Bowes to Brough Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road from Bowes, in the County of York, to Brough under Stainmore, in the County of Wesimorland."

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

It was Resolved in the Affirmative.

Hockliff and Woburn Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the First Year of the Reign of His present Majesty, for the more effectual amending the Highway between Hockliffe and Woburn, in the County of Bedford; and for repairing the Road leading through Woburn to Tickford Bridge in Newport Pagnell, in the County of Bucks."

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

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bills.

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

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

Torras & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Paul Torras and John Godfrey Zurhorst."

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

It was Resolved in the Affirmative.

Serces, Nat. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturadizing James Serces Clerk."

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

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bills.

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

To carry down the said Bills, and desire their Concurrence to them.

Lady Petre's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower Two of the Trustees named in the Marriage Settlement of the late Lord Petre, deceased, to grant Leases, without the Concurrence of the other Trustee named in the said Settlement."

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

Their Lordships, or any Five of them; to meet on Wednesday the 23d Day of this Instant February, at the usual Time and Place; and to adjourn as they please.

Against assisting Prisoners to escape, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the further Punishment of Persons who shall assist or encourage Prisoners to escape."

Warminster Road, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing the several Roads leading from the Town of Warminster, in the County of Wilts."

Bellamy to take the Name of Crayle, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Crayle Bellamy Esquire to take and use the Surname of Crayle."

Hume Campbell against Home & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Alexander Hume Campbell Esquire is Appellant, and David Home and John Sinclair are Respondents."

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 25th Day of this Instant February.

Adjourn.

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

DIE Mercurii, 9^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Boroughbridge Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the High Road from Boroughbridge, in the County of York, to Catherick, in the same County, and from thence to Piersbridge, on the River Tees."

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

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

Willis to take the Name of Compton, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Henry Willis Esquire, now called Henry Compton, and his Issue Male and Descendants, to take and use the Surname of Compton, pursuant to the Will of Elianor Bave, Widow, deceased."

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

It was Resolved in the Affirmative.

Rookes to take the Name of Leeds, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Edward Rookes Esquire to take and use the Surnameof Leedes only, pursuant to the last Will and Testament of Robert Leedes, late of North Milforth, in the County of York, Esquire, deceased."

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

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bills.

And a Message was sent to the House of Commons, by Mr. Holford and Mr. Mountague:

To carry down the Two last mentioned Bills, and desire their Concurrence to them.

Campbell against M^cMillan & Ux.

A Petition of Captain William Campbell, and Alexander M^cMillan and Margaret his Wife, was presented, and read; praying, "In regard the Petitioners are in Treaty for an Accommodation of the Matters in Difference, in the Cause upon the Appeal of the said Captain Campbell; that the Hearing thereof, which is appointed for this Day, may be put off for a Week."

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

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off to this Day Sevennight.

Fitzherbert's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for empowering Thomas Fitzherbert the Younger, Esquire, to make Jointures during the Life-time of Thomas Fitzherbert Esquire, his Father; and also to grant Annuities to his Younger Sons, in such Manner as is therein mentioned."

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

Their Lordships, or any Five of them; to meet on Thursday the 24th Day of this Instant February, at the usual Time and Place; and to adjourn as they please.

Warminster Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing the several Roads leading from the Town of Warminster, in the County of Wilts."

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

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

Charterhouse Square enclosing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the present and future Proprietors and Inhabitants of the Houses in Charterhouse Square, in the County of Middlesex, to make a Rate, for raising Money, effectually to enclose, pave, watch, clean, and improve, the said Square, and to continue the same in Repair."

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

Their Lordships, or any Five of them; to meet on Thursday the 17th Day of this Instant February, at the usual Time and Place; and to adjourn as they please.

Bellamy to take the Name of Crayie, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Crayle Bellamy Esquire to take and use the Surname of Crayle."

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

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

Message from H. C. to return the Dutchess of Bucks' Bill.

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

To return the Bill, intituled, "An Act for making the Exemplification of the Settlement made by James Earl of Anglesey, on his Marriage with Katherine now Dutchess Dowager of Buckinghamshire and Normanby, Evidence in all Courts of Law and Equity in Great Britain and Ireland;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Against assisting Prisoners to escape, Bill.

Ordered, That the Bill, intituled, "An Act for the further Punishment of Persons who shall assist or encourage Prisoners to escape," be printed.

Adjourn.

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