House of Lords Journal Volume 28: March 1754, 1-10

March 1754, 1-10

DIE Veneris, 1^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Uppingham Road, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road from the Borough of Leicester, to and by the North Side of the Town of Uppingham in the County of Rutland, and to Wansford in the County of Northampton, and from thence to Peterborough in the said County of Northampton," 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."

E. of Powis, to rectify a Mistake in a Conveyance of Lands in Ireland, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for rectifying a Mistake in a Conveyance in Fee Farm made by Henry Arthur Earl of Powis, of the Manor of Mounteagle Loyal, and divers Towns, Lands, and Hereditaments, in the County of Kerry; and making the same Conveyance effectual for the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Alcester and Bromsgrove Roads, Bill:

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

With a Bill, intituled, "An Act for repairing and widening the Roads from the Borough of Stratford upon Avon in the County of Warwick, through Alcester in the said County and Feckenham, to a Place called Bradly Brook in the County of Worcester, and from Alcester through Great Coughton and Crabbs Cross in the said County of Warwick, and through Hewell Lane and Burcott, to the Cross of Hands on a Common called The Leekhay, and out of Hewell Lane, through Church Lane and Tutnell, to Bromsgrove in the said County of Worcester;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Alloa Duty on Beer, Bill:

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

With a Bill, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, brewed for Sale, vended, or sold, within the Town and Barony of Alloa, in the County of Clackmannan; and also a Duty of Anchorage for Ships and Vessels anchoring in the Harbour of the said Town, for repairing the Pier of the said Harbour;" to which they desire the Concurrence of this House."

The said Bill was read the First Time.

Daly's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Charles Daly Esquire, in the Kingdom of Ireland, in Trustees, to be sold, for the Payment of Encumbrances affecting the same prior to his Marriage Settlement."

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

It was Resolved in the Affirmative.

To explain Black Act, as to sending threatening Letters, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Ninth Year of the Reign of His late Majesty King George the First, intituled, An Act for the more effectual punishing wicked and evil-disposed Persons going armed and disguised, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects; and for the speedy bringing the Offenders to Justice."

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 thereto.

Browne against Byrne.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Browne Esquire is Appellant, and the Honourable Margaret Byrne otherwise Bermingham is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, the First Cause-day after the Cause already appointed.

Fitz Roy Scudamore, to qualify in England for an Office in Ireland, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Charles Fitz Roy Scudamore Esquire to take, in Great Britain, the Oath of Office, as Cursitor, or Clerk or Engrosser of Original Writs issuing out of His Majesty's High Court of Chancery, in the Kingdom of Ireland; and to qualify himself for the Enjoyment of the said Office."

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

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.

Mutiny and Desertion in The East Indies to prevent, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the United Company of Merchants of England trading to The East Indies; and for the Punishment of Offences committed in The East Indies, or at the Island of Saint Helena."

After some Time, the House was resumed.

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

To prevent Abuses in the Manufacture of Clock, and Watches, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual preventing of Frauds and Abuses committed by Persons employed in the Manufacture of Clocks and Watches."

After some Time, the House was resumed.

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

Act for regulating Servants extended to Stannaries in Devon and Cornwall, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to repeal a Proviso in an Act made in the Twentieth Year of His present Majesty's Reign, intituled, "An Act for the better adjusting and more easy Recovery of the Wages of certain Servants, and for the better Regulation of such Servants, and of certain Apprentices," which provides that the said Act shall not extend to the Stannaries in Devon or Cornwall."

After some Time, the House was resumed.

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

Fitzgerald against Pole, in Error;

The Order of the Day being read, for the further Consideration of the Cause upon the Writ of Error, wherein George Fitzgerald is Plaintiff, and Charles Pole Defendant; and for the Judges to attend:

Mr. Justice Wright and the Lord Chief Baron were severally heard; and delivered their Opinions upon the Questions proposed to the Judges on Friday last, with their Reasons.

Judgement, affirmed.

Whereupon the following Order and Judgement was made; videlicet,

"Whereas, by virtue of His Majesty's Writ of Error, returnable into the House of Lords in Parliament assembled, a Record of the Court of Exchequer Chamber was brought into this House, the 18th Day of December 1753, wherein George Fitzgerald is Plaintiff, and Charles Pole Defendant; and Counsel having been heard, as well on Wednesday the 20th of February last, as on the Thursday and Friday following, to argue the Errors assigned upon the said Writ of Error; and the Judges, who were ordered to attend, having been heard seriatim, as well on Wednesday last as this Day, to deliver their Opinions, with their Reasons, upon certain Points of Law to them proposed; 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 Judgement given in the said Court of Exchequer Chamber, reversing a Judgement given in the Court of King's Bench, be, and the same is hereby, affirmed; and that the Record be remitted: And it is further Ordered, That the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Five Pounds, for his Costs in this House."

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, is as follows:

"But, because the said Court of Parliament now here will advise themselves of what Judgement to give of and upon the Premises; Day is for that Purpose given, as well to the said George Fitzgerald the Younger as the said Charles Pole, to be before our said Lord the King and Peers in the said Court of Parliament now here, until Friday the 1st Day of March 1754, at Westminster, in the County of Middlesex aforesaid, to hear Judgement of and upon the Premises aforesaid, because the said Court of Parliament are not yet advised thereof, &c. On which Day, before our said Lord the King, and the Peers in this present Parliament assembled at Westminster, in the said County of Middlesex, comes as well the said George Fitzgerald the Younger as the said Charles Pole in their proper Persons; upon which, all and singular the Premises being seen, and by the said Court of Parliament here fully understood; and as well the Record and Process aforesaid, as the several Judgements thereon rendered, as the other Matters and Causes by the said Charles Pole above assigned for Error, being fully examined and seen, and mature Deliberation thereon had; it appears to the said Court of Parliament now here, that neither in the Record and Proceedings aforesaid, of reversing and annulling of the Judgement aforesaid upon the aforesaid First Writ of Error, nor in rendering of the said Judgement thereon, is there any Error; and that the aforesaid Record of reversing and annulling the Judgement aforesaid, upon the said First Writ of Error, is no Ways vicious or defective: Therefore it is considered by the said Court of our said Lord the King, before the King Himself, in His said Parliament, that the said Judgement of reversing and annulling the Judgement aforesaid, upon the said First Writ of Error, be in all Things affirmed, and remain in full Force and Effect, the Matters and Causes by the said George Fitzgerald the Younger above assigned for Error in any wise notwithstanding: And further it is considered, by the said Court of Parliament now here, That the said Charles Pole recover, against the said George Fitzgerald the Younger, Five Pounds, adjudged to the said Charles Pole, with his Assent, by the said Court of Parliament, according to the Form of the Statute in that Case made and provided, for his Damage, Costs, and Charges, which he sustained by Means of the Prosecution of the said Writ of Error by the said George Fitzgerald the Younger; and that the Record and Process aforesaid be remitted from the Court of Parliament aforesaid, to the Court of our said Lord the King."

Adjourn.

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

DIE Lunæ, 4^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Shreiber & al. Malt Bill:

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Charles Shreiber and Jean Francois Maximillien de Cerjat," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Rochdale, Blackstone Edge, &c. Road, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Eighth Year of the Reign of His present Majesty, for repairing and widening the Road from the Town of Rochdale, in the County Palatine of Lancaster, leading over a certain craggy Mountain, called Blackstone Edge, in the same County, and from thence to the Towns of Halifax and Ealand, in the County of York;" to which they desire the Concurrence of this House.

Message from H. C. to return Mourgue's Nat. Bill:

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

To return the Bill, intituled, "An Act for naturalizing Daniel Mourgue Merchant;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

and Shildon Moor to enclose, Bill.

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

To return the Bill, intituled, "An Act for dividing and enclosing Great Shildon Common, or Shildon Moor, within the Manor and Barony of Bywell, in the County of Northumberland;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

To prevent Abuses in Manufacture of Clocks and Watches, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more effectual preventing of Frauds and Abuses committed by Persons employed in the Manufacture of Clocks and Watches."

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

It was Resolved in the Affirmative.

Uppingham and other Roads, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Borough of Leicester, to and by the North Side of the Town of Uppingham in the County of Rutland, and to Wansford in the County of Northampton, and from thence to Peterborough in the said County of Northampton."

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

It was Resolved in the Affirmative.

Former Act touching Servants extended to the Stannaries in Cornwall, &c. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to repeal a Proviso in an Act made in the Twentieth Year of His present Majesty's Reign, "intituled, An Act for the better adjusting and more easy Recovery of the Wages of certain Servants; and for the better Regulation of such Servants, and of certain Apprentices," which provides that the said Act shall not extend to the Stannaries in Devon and Cornwall."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills.

A Message was sent to the House of Commons, by Mr. Lane and Mr. Waple:

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

Alcester and Bromsgrove Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from the Borough of Stratford upon Avon in the County of Warwick, through Alcester in the said County and Feckenham, to a Place called Bradley Brook, in the County of Worcester, and from Alcester, through Great Coughton and Crabbs Cross, in the said County of Warwick, and through Hewell Lane and Burcott to the Cross of Hands on a Common called The Leekbay, and out of Hewell Lane, through Church Lane and Tutnell, to Bromsgrove in the said County of Worcester."

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

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

Alloa Duty on Beer, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, brewed for Sale, vended, or sold, within the Town and Barony of Alloa, in the County of Clackmannan, and also a Duty of Anchorage for Ships and Vessels anchoring in the Harbour of the said Town, for repairing the Pier of the said Harbour."

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.

Pitt Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of George Pitt 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 vesting the Estate of George Pitt Esquire, in the County of Suffolk, and Part of his Estate in the Isle of Purbeck, in the County of Dorset, in Trustees, to sell the same; and to apply the Purchase-money for discharging Encumbrances affecting his settled Estate; and for making a Recompense to him, for the Charges and Expenses of making Buildings and Improvements upon the same Estate."

Pryce and others, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Powell Pryce 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 vesting the Estates of John Powell Pryce Esquire, in the County of Montgomery, comprized in his Marriage Articles, in Trustees, to raise Money, by Sale of Part thereof, for discharging Encumbrances affecting the same; and for settling other Parts thereof pursuant to the said Articles."

Tenison & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Tenison an Infant, Peter Saint Eloy and Samuel Smith; 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 a Lease, granted by the Dean and Chapter of Canterbury, to Anne Tenison Widow, deceased, of the Manor of Elverton, with the Appurtenances, in the County of Kent, in Peter Saint Eloy and Samuel Smith, in Trust for Thomas Tenison an Infant, and his Heirs; and for other Purposes therein mentioned."

Mutiny and Desertion in The East Indies to prevent, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the United Company of Merchants of England trading to The East Indies; and for the Punishment of Offences committed in The East Indies, or at the Island of Saint Helena."

An Amendment was proposed to be made to the Bill; videlicet,

"In the 1 Press, Line 29. After the Word ["Soldier"], to insert ["and shall voluntarily remain in such Service, or shall afterwards voluntarily enter into such Service"]."

Which being objected to:

After Debate;

The Question was put, "Whether those Words shall be there inserted?"

It was Resolved in the Negative.

Then the Question was put, "Whether the said Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Lane and Mr. Waple:

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

Bill to postpone the Act of last Year, to prevent Clandestine Marriages, read and rejected.

The Duke of Bedford presented to the House a Bill, intituled, "An Act to postpone the Commencement of an Act passed in the last Session of Parliament, intituled, An Act for the better preventing of Clandestine Marriages."

And the same was read.

And it being moved, "To order that the said Bill be read a Second Time on Thursday next:"

The same was objected to.

After Debate;

The Question was put, upon the said Motion.

It was Resolved in the Negative.

Ordered, That the said Bill be rejected.

The King's Answer to Address, for a State of the National Debt.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, with the Address of this House of Thursday last, for a State of the National Debt; and that His Majesty was pleased to say, He would give Directions that the same be laid before the House accordingly."

Witnesses to attend on Wymondesold's Divorce Bill.

Ordered, That John Goodere Esquire, James Walker, and John Clark, do attend this House on Thursday next, as Witnesses, upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Charles Wymondesold Esquire with Henrietta Knight his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

Adjourn.

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

DIE Martis, 5^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fitz Roy Scudamore to qualify here for an Office in Ireland, Bill.

The Earl Cornwallis reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Charles Fitz Roy Scudamore Esquire to take, in Great Britain, the Oath of Office, as Cursitor, or Clerk or Engrosser of Original Writs issuing out of His Majesty's High Court of Chancery, in the Kingdom of Ireland; and to qualify himself for the Enjoyment of the said Office," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Shreiber & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Charles Shreiber and Jean Francois Maximillien de Cerjat."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen:

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

Rochdale and Blackstone Edge, &c, Road, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Eighth Year of the Reign of His present Majesty, for repairing and widening the Road from the Town of Rochdale, in the County Palatine of Lancaster, leading over a certain craggy Mountain, called Blackstone Edge, in the same County, and from thence to the Towns of Halifax and Ealand, in the County of York."

L. Cavendish, Leave to petition for a Private Bill:

A Petition of the Right Honourable William Lord Cavendish of Hardwyck, was presented, and read; setting forth, "That His Majesty, by Letters Patent under the Great Seal of Ireland, hath granted to him the Office of His Majesty's High Treasurer of the said Kingdom of Ireland; and that the Petitioner, from the Time of His Majesty's granting the said Office, has been hindered from going into the said Kingdom of Ireland, by reason of his Service and Attendance in the Parliament of Great Britain; and is therefore desirous that a Bill may be brought in, to enable him to qualify himself here for the Enjoyment of the said Office;" and praying, "That a Petition for Leave to bring in a Bill for that Purpose may be now received; notwithstanding the Time limited by the Order of this House for receiving Petitions for Private Bills is elapsed:"

Ordered, That the Petitioner be at Liberty to exhibit a Petition for such Bill, as desired.

Leave given for a Bill.

Accordingly, a Petition of the said William Lord Cavendish, was presented, and read; praying Leave to bring in a Bill, to enable him to take, in Great Britain, the Oath of Office, as High Treasurer of the Kingdom of Ireland; and to qualify himself here for the Enjoyment of the said Office.

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

Bill presented and read.

The Lord Sandys presented a Bill, intitueld, "An Act to enable William Lord Cavendish of Hardwyck to take, in England, the Oath of Office of High Treafurer of Ireland; and to qualify himself here in England for the legal Enjoyment of the said Office."

The said Bill was read the First Time.

Pitt's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estate of George Pitt Esquire in the County of Suffolk, and Part of his Estate in the Isse of Purbeck in the County of Dorset, in Trustees, to sell the same; and to apply the Purchase-money for discharging Encumbrances affecting his settled Estate; and for making a Recompense to him for the Charges and Expenses of making Buildings and Improvements upon the said Estate."

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

Their Lordships, or any Five of them; to meet on Wednesday the 20th Instant, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Pryce's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estates of John Powell Pryce Esquire, in the County of Montgomery, comprized in his Marriage Articles, in Trustees, to raise Money, by Sale of Part thereof, for discharging Encumbrances affecting the same; and for settling other Part thereof, pursuant to the said Articles."

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.

Tenison's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting a Lease granted by the Dean and Chapter of Canterbury, to Ann Tenison Widow, deceased, of the Manor of Elverton, with the Appurtenances, in the County of Kent, in Peter Saint Eloy and Samuel Smith, in Trust, for Thomas Tenison an Infant, and his Heirs; and for other Purposes therein mentioned."

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.

Messages from thence, to return Kemp's Bill:

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

To return the Bill, intituled, "An Act for vesting the Estate of William Kemp Esquire, deceased, in Trustees, to be sold, pursuant to Articles; and for applying the Purchase-money for the Benefit of the Children of the said William Kemp, in such Manner as is directed by the said Articles;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Bonisas's Nat. Bill:

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

To return the Bill, intituled, "An Act for naturalizing Paul Bonifas;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Newman's Bill.

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

To return the Bill, intituled, "An Act to empower the Committee of the Estate of Elizabeth Kitchin Widow, a Lunatick, One of the Sisters and Coheirs of Sir Samuel Newman Baronet, deceased, to make Leases of her Estate during her Lunacy;" and to acquaint this House, that they have agreed to the same, without any Amendment.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State (the Lords being in their Robes); the Gentleman Usher of the Black Rod received His Majesty's Commands, to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Bills passed.

Who being come, with their Speaker; the Clerk of the Crown, at the Table, read the Titles of the Bills ready for the Royal Assent, as follows:

"1. An Act for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the United Company of Merchants of England trading to The East Indies; and for the Punishment of Offences committed in The East Indies, or at the Island of Saint Helena."

"2. An Act for the more effectual preventing of Frauds and Abuses committed by Persons employed in the Manufacture of Clocks and Watches.

"3. An Act to repeal a Proviso in an Act made in the Twentieth Year of His present Majesty's Reign, (intituled, "An Act for the better adjusting and more easy Recovery of the Wages of certain Servants; and for the better Regulation of such Servants and of certain Apprenties,") which provides that the said Act shall not extend to the Stannaries in Devon and Cornwall."

"4. An Act for imporving and enlarging the Harbour of Leith; and to empower the Trustees therein mentioned to purchase Lands for that Purpose; and for erecting Docks and other Conveniencies on the Sides thereof."

"5. An Act for the better enlightening and cleansing the Open Places, Squares, Streets, Lanes, Alleys, Passages, and Courts, within the Parish of Saint Luke, in the County of Middlesex, and regulating the Nightly Watch and Beadles; and for repairing the Highways within the said Parish."

"6. An Act for enlarging the Term and Powers granted by an Act passed in the Twenty-first Year of the Reign of His present Majesty, for repairing the High Road from Pierce Bridge to Kirkmerrington, in the County of Durham, and from thence to the Turnpike Road at Tudboe Lane End, in the said County; and for making the same more effectual."

"7. An Act for amending, widening, and keeping in Repair, the Road leading from Union Point, near the Town of Uckfield, in the County of Sussex, to Langney Bridge, in the Parish of Westham, in the said County."

"8. An Act for repairing and widening the Road from a certain Entrenchment on Askerswell Hill, opposite to Chilcomb Farm through the Town of Bridport, to Penn Inn, and from Bridport aforesaid to the Town of Beamister, in the County of Dorset, and also the Road from Penn Inn aforesaid, through the Town of Axminster, to the Work-house at the East End of the Town of Honiton, in the County of Devon."

"9. An Act for enlarging the Term and Powers granted by an Act made in the Ninth Year of His present Majesty's Reign, intituled, An Act for repairing and widening the Road leading from Saint Dunstan's Cross, near the City of Canterbury, to the Waterside at Whitstable, in the County of Kent."

"10. An Act for repairing and widening the Road leading from the Toll Gate, in the Parish of Kettering, through the Town of Wellingborough, in the County of Northampton, and through Olney, over Sherrington Bridge, to Newport Pagnell in the County of Bucks; and for repairing and widening, or rebuilding, the said Sherrington Bridge."

"11. An Act for repairing and widening the High Road, from a Place called Saint Loyds, in the Town of Bedford, through the Parishes of Bromham, Stagsden, Astwood, Hardmead, and Chichley, to the Way Post in Sherrington Field, where the said Road joins the High Road from the Town of Olney to the Town of Newport Pagnell; and also the High Road from Bromham aforesaid, through the Parishes of Turvey and Colebrayfield, to the Town of Launden, otherwise Lavenden, in the Counties of Bedford and Buckingham; and for applying Part of the Money arising thereby, towards repairing, re-building, or widening, Sherrington Bridge, in the Road from the said Way Post to the Town of Newport Pagnell."

"12. An Act to explain, amend, and render more effectual, an Act passed in the Twenty-sixth Year of the Reign of His present Majesty, intituled, An Act for repairing several Roads leading into the City of Glasgow."

"13. An Act for repairing and widening the High Road from Westwood Gate, in the Parish of Knotting, in the County of Bedford, through the Towns of Rushden and Higham Ferrers, and over Artleborough Bridge to the Turnpike Road in Barton Seagrave Lane, in the Parish of Barton Seagrave, in the County of Northampton."

"14. An Act for explaining, amending, and rendering more effectual, an Act made in the Twenty-fifth Year of His present Majesty's Reign, for repairing and widening the Road leading from Market Harborough, in the County of Leicester, through Desborough, Rowell, Kettering, Barton Seagrave, and Thrapston, in the County of Northampton, and through Bythorne, Spaldwick, and Ellington, to the Pound in the Parish of Brampton, in the County of Huntingdon."

"15. An Act for repairing and widening the Road from the Borough of Leicester, to and by the North Side of the Town of Uppingham, in the County of Rutland, and to Wansford in the County of Northampton, and from thence to Peterborough in the said County of Northampton."

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

"Le Roy le veult."

"16. An Act for confirming and establishing an Exchange agreed upon, between the Vicar of Gilling and James Shuttleworth Esquire, of certain Lands and Hereditaments in the County of York; and for other Purposes therein mentioned."

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

"18. An Act to empower the Committee of the Estate of Elizabeth Kitchin Widow, a Lunatick, One of the Sisters and Coheirs of Sir Samuel Newman Baronet, deceased, to make Leases of her Estate during her Lunacy."

"19. An Act for dividing and enclosing Part of a certain Waste, or Common, called Simonburn Common, in the Manor and Parish of Simonburn, in the County of Northumberland."

"20. An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Pieces, Common Grounds, and Waste Ground, in the Manor and Parish of Welton, in the County of Northampton."

"21. An Act for dividing and enclosing Great Shildon Common, or Shildon Moor, within the Manor and Barony of Bywell, in the County of Northumberland."

"22. An Act for establishing and rendering effectual certain Articles of Agreement, for enclosing and dividing the Common Fields and Common Grounds, in the Manor and Parish of Normanton, in the County of Lincoln."

"23. An Act to enable the Commissioners for executing the Office of Treasurer of His Majesty's Exchequer, or the Lord High Treasurer, for the Time being, to compound with Thomas Squire, Robert Lucas, and Robert Stevenson, a Debt due to the Crown, from Philip Chapman, for which they are Sureties."

"24. An Act to enable John Lade, heretofore called John Inskip, and the Heirs Male of his Body, to take and use the Surname of Lade only, pursuant to the Will of Sir John Lade Baronet, deceased."

"25. An Act for naturalizing Daniel Mourgue Merchant and Amy Rilliet."

"26. An Act for naturalizing John Ulric Commerell."

"27. An Act for naturalizing Paul Bonifas."

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

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Henley's Divorce Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Peter Henley Esquire with Susannah Roberts his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel, for and against the same:

Counsel were accordingly called in.

But no Counsel appearing for Mrs. Henley:

James Gibson was produced, to prove Service of the Order for giving her Notice of this Proceeding; and, being sworn, informed the House, "That he served her personally with a Copy of the Bill, and the Order of Notice, on the 6th of February last, and left them with her."

Then the said Bill was read a Second Time.

And Mr. Whitaker, Counsel for the Bill, was heard, in order to make out the Allegations thereof; and called

William Carwardine; who, being sworn, and examined to prove the Marriage, informed the House, "That he was present when Mr. Henley and his Wife were married; and that it was on the 21st of June 1748, at May Fair Chapel; and that he gave her in Marriage."

He is directed to withdraw.

Then Mary Vernon was called in, and sworn; and gave the House an Account, "That Mr. Henley and his Wife lodged at her House in Grange Court near Lincoln's Inn; and that they lived together as Man and Wife from February 1751 till June 1752; that, in April 1752, Mr. Henley went out of Town, and was absent for some Time; and that Mrs. Henley was not at Home on Nights all the Time he was absent, but sometimes came Home in the Day-time."

She is directed to withdraw.

And Judith Willis was called in; and, being sworn and examined, acquainted the House, "That she was a Waiter at the Bagnio in Long Acre; and that, in November 1752, on last Lord Mayor's Night was Twelve Month, Mr. James Sympson came with Mrs. Henley to the said Bagnio; that she made a Bed for them, and they lay together there that Night; and that she saw them in Bed together, and provided a Breakfast for them in the Morning; and that Mrs. Henley came several Times afterwards to her, and told her she was a married Woman, and desired her, if she should be called upon, to deny that she had ever seen her."

She is directed to withdraw.

Next, Garret Cavenagh, Porter at the said Bagnio in Long Acre, was called in; and, being sworn, acquainted the House, "That he knew there was a Woman in Bed with Mr. Sympson at the Time mentioned by the former Witness; but did not then know it was Mrs. Henley; but she has since owned it to him, and has applied to him to recommend her to Gentlemen, and desired him to send for her when any Gentleman came to the House."

He is directed to withdraw.

Then Elizabeth Mackoun, a Servant at Haddock's Bagnio at Charing Cross, was called in; and, being sworn and examined, gave the House an Account of the said Mr. Sympson and Mrs. Henley's lying together at the said Bagnio, about November 1752.

And then she withdrew.

And Elizabeth Porter, a Servant also at the said Bagnio at Charing Cross, was called in, and sworn; and gave the like Account of the said Mr. Sympson and Mrs. Henley's lying together at the said Bagnio, as the last Witness; and also Mrs. Henley's sending for her to a Milliner's in the Neighbourhood, and telling her she was a married Woman, and desiring her to deny she had ever seen her at the said Bagnio.

She is directed to withdraw.

Then a Copy of the Verdict, obtained in the Court of King's Bench, against the said James Sympson, for Criminal Conversation with the said Mrs. Henley, was produced.

And John Harrison, being sworn, acquainted the House, "That the same was a true Copy, he having examined it with the original Record."

And the same was read.

Then William Skelton, Register of the Consistory Court of the Bishop of London, was called in, and sworn; and produced the Original Sentence of Divorce in the said Court, against the said Mrs. Henley, for Adultery.

And the same was read.

And then he withdrew.

Then James Gibson was again called in; and produced an Extract from the Register of Baptisms, in the Parish of Saint Clement Danes, of the Baptism of Mr. Henley's Child in 1751; and acquainted the House, "The same was a true Extract from the Register Book of Christenings in the said Parish."

He is directed to withdraw.

Then Mary Vernon was called in again; and, being examined, acquainted the House, "That she was present when Mrs. Henley was delivered of a Son, on the 9th of March 1751; that Mr. Henley has lodged with her ever since the 26th of February 1751, and still lodges with her; that Mrs. Henley has never been at her House since June 1752, except once about Two Months ago, when she called at the Door, and wanted to see the Child; that Mr. Henley did not see her; and that she believes Mr. Henley has had no Commerce with her since she left him in June 1752."

And then she withdrew.

And, the Evidence being finished, the Counsel was directed to withdraw.

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

Marquis of Granby & al. Leave for a Bill, for Sale of a House in Lincoln's Inn Fields:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Marquis of Granby 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 a Capital Messuage in Lincoln's Inn Fields, in the Parish of Saint Giles in the Fields, in the County of Middlesex, and the Gardens, (fn. 1) Grounds, and Outhouses thereunto belonging (Part of the Estate of the most Noble Charles late Duke of Somerset, deceased); and vesting the same in Edmund Browne of Lincoln's Inn Esquire, and his Heirs for ever; and for laying out the Purchase-money in Lands and Hereditaments, to be settled to the like Uses, and upon the like Trusts, as the said Capital Messuage and Premises are now settled and subject unto."

Maydwell's Divorce Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of John Maydwell with Catherine Perrin his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel, for and against the same:

Counsel were accordingly called in.

But no Counsel appearing for the said Catherine Perrin:

The Counsel for the Bill acquainted the House, "That they were not able to prove Service of the said Catherine personally with a Copy of the said Bill, and the Order for the Second Reading thereof; but had left a Copy of the said Bill and Order at her House; and had sent a Messenger to her Father's House in Staffordshire, and left a Copy of the said Bill and Order there; and had also served her Proctor with a Copy of the said Bill and Order."

And thereupon John Harrison and Thomas Phipps were called in, and examined upon Oath.

And proving the several Endeavours used to serve the said Catherine Perrin with a Copy of the said Bill and Order:

The Counsel was directed to withdraw.

Ordered, That the Second Reading of the said Bill be put off till Tuesday next; and that the leaving a Copy of the said Bill and this Order at the House, or last Place of Abode, of the said Catherine Perrin, with some Person of the Family there, and serving her Proctor in the Ecclesiastical Court also with a Copy of the said Bill and Order, shall be deemed good Service of the said Catherine.

Ordered, That the several Persons who were ordered to attend this Day, as Witnesses, upon the Second Reading of the said Bill, do attend this House on Tuesday next, upon the Second Reading thereof.

Adjourn.

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

DIE Mercurii, 6^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Biddulph's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the settled Estates of Sir Theophilus Biddulph Baronet, in the County of Stafford, and City and County of the City of Litchfield, for raising Money, to discharge Encumbrances affecting the same; and for laying out the Surplus in the Purchase of other Lands, to be settled to the Uses therein mentioned," 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."

Ordered, That the said Bill be engrossed.

L. Cavendish's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable William Lord Cavendish of Hardwyck to take, in England, the Oath of Office of High Treasurer of Ireland; and to qualify himself here in England for the legal Enjoyment of the said Office."

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

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

Rochdale, Blackstone Edge, &c. Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Eighth Year of the Reign of His present Majesty, for repairing and widening the Road, from the Town of Rochdale, in the County Palatine of Lancaster, leading over a certain craggy Mountain, called Blackstone Edge, in the same County; and from thence to the Towns of Halifax and Ealand, in the County of York."

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.

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

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of a Capital Messuage in Lincoln's Inn Fields, in the County of Middlesex, and the Garden-ground and Outhouses thereunto belonging (Part of the Estate of the most Noble Charles late Duke of Somerset deceased); and vesting the same in Edmund Browne of Lincoln's Inn Esquire, and his Heirs for ever; and for laying out the Purchase-money in Lands and Hereditaments, to be settled to the like Uses, and upon the like Trusts, as the said Capital Messuage and Premises are now settled and subject unto."

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 21st Instant, at the usual Time and Place; and to adjourn as they please.

Fitzroy Scudamore to take the Oaths here for an Office in Ireland, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Charles Fitz Roy Scudamore Esquire to take, in Great Britain, the Oath of Office, as Cursitor, or Clerk or Engrosser of Original Writs issuing out of His Majesty's High Court of Chancery, in the Kingdom of Ireland; and to qualify himself for the Enjoyment of the said Office."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Elde and Mr. Burroughs:

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

Barber, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Robert Barber Esquire and Grace his Wife; 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 Part of the settled Estates of Robert Barber Esquire, for discharging Debts and Encumbrances; and for empowering him to sell or exchange other Parts of his settled Estate, for the purchasing and acquiring Lands of equal Value, to be settled in Lieu thereof."

Sir Kenneth Mackenzie against Stuart.

Ordered, That the Hearing of the Cause wherein Sir Kenneth Mackenzie Baronet is Appellant, and John Stuart and others are Respondents, which is appointed for this Day, be put off to this Day Sevennight; and that the other Cause be removed in Course.

Wymondesold's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Charles Wymondesold Esquire with Henrietta Knight his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and hearing of Counsel for and against the same, which is appointed for To-morrow, be put off till Tuesday next; and that the several Persons who were ordered to attend, as Witnesses, upon the Second Reading of the said Bill, do then attend.

Henley's Divorce Bill.

Whereas Friday next is appointed, for the House to be in a Committee, on the Bill, intituled, "An Act to dissolve the Marriage of Peter Henley Esquire with Susannah Roberts his now Wife; and to enable him to marry again; and for other Purposes therein mentioned:"

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

Adjourn.

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