House of Lords Journal Volume 27
March 1751, 21-31

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History of Parliament Trust

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1767-1830

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518-525

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'House of Lords Journal Volume 27: March 1751, 21-31', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 518-525. URL: http://british-history.ac.uk/report.aspx?compid=114322 Date accessed: 23 October 2014.


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March 1751, 21-31

DIE Jovis, 21o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Ebor.
Epus Dunelm.
Epus Wigorn
Epus Cicestriens
Epus Meneven
Epus Carliol
Epus Asaphen.
Epus Norwic
Epus Litch & Cov.
Epus Bristol
Ds Hardwicke, Cancellarius.
Dux Dorset, Præses
Dux Somerset
Dux St Albans
Dux Newcastle
March. Tweeddale
Comes Winchilsea
Comes Chesterfield
Comes Shaftesbury
Comes Cholmondeley
Comes Morton
Comes Loudoun.
Comes Findlater.
Comes Leven
Comes Hyndford.
Comes Bristol
Comes Halifax.
Comes Bucks
Comes Fitzwilliam.
Comes Egremont
Viscount Fauconberg.
Viscount Folkestone.
Ds Delawarr.
Ds Willoughby Br
Ds Willoughby Par.
Ds Maynard.
Ds Strange
Ds Cornwallis.
Ds Onslow
Ds Ducie
Ds Raymond
Ds Ilchester.
Ds Sandys
Ds Ravensworth.
Ds Archer.
Ds Vere.

PRAYERS.

Adjourn.

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

DIE Veneris, 22o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Cant.
Arch Ebor
Epus Roffen.
Epus Glocestr.
Epus Oxon
Epus Wigorn.
Epus Cicestriens.
Epus Bath & Wells.
Epus Meneven.
Epus Carliol
Epus Asaphen.
Epus Litch & Cov.
Epus Bristol.
Ds Hardwicke, Cancellarius
Dux Dorset, Præses
Comes Gower, C P. S
Dux Marlborough, Senescallus.
Dux Gordon.
Dux Argyll
Dux Newcastle.
Dux Portland
March Tweeddale.
March. Lothian
Comes Northampton.
Comes Winchilsea.
Comes Sandwich.
Comes Cardigan
Comes Poulet.
Comes Cholmondeley.
Comes Rothes
Comes Morton.
Comes Moray
Comes Loudoun
Comes Findlater
Comes Marchmont.
Comes Oxford
Comes Strafford
Comes Tankerville.
Comes Granville
Comes Halifax.
Comes Ashburnham.
Comes Bath
Comes Bucks
Comes Fitzwilliam.
Comes Northumberland
Comes Egremont.
Viscount Fauconberg.
Viscount Townshend.
Viscount Felmouth.
Viscount Folkestone.
Ds. Delawarr.
Ds Willoughby Br.
Ds Willoughby Par.
Ds Maynard.
Ds Strange
Ds. Cornwallis.
Ds Bathurst.
Ds. Cadogan.
Ds Ducie.
Ds Raymond.
Ds Ilchester.
Ds Sandys.
Ds Anson
Ds. Ravensworth.
Ds. Archer.
Ds. Vere.

PRAYERS.

St Alban's Road, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, for repairing the Highways through the several Parishes of St Michael, St Alban, St. Peter, Shenley Ridge, and South Mims, in the Counties of Hertford and Middlesex," 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."

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 Fiftyone"

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

It was Resolved in the Affirmative.

Exchequer Bills, &c Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling His Majesty to raise the several Sums of Morey therein mentioned, by Exchequer Bills, to be charged on the Sinking Fund, and for empowering the Commissioners of the Treasury to pay off the Old and New unsubscribed South Sea Annuities out of the Supply granted to His Majesty for the Service of the Year One Thousand Seven Hundred and Fifty-one, and for enabling the Bank of England to hold General Courts and Courts of Directors, in the Manner therein directed, and for giving certain Persons Liberty to subscribe Bank and South Sea Annuities omitted to be subscribed pursuant to Two Acts of the last Session of Parliament."

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

It was Resolved in the Affirmative.

Devizes Road, Bill

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Road leading from West Lavington to The Devizes, and from The Devizes to Seend, in the County of Wilts."

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

It was Resolved in the Affirmative.

St Alban's Road, Bill

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, for repairing the Highways through the several Parishes of St Michael, St Alban, St Peter, Shenley Ridge, and South Mims, in the Counties of Hertford and Middlesex."

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 Four preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr Bennet and Mr Holford

To acquaint them, That the Lords have agreed to the Four last mentioned Bills, without any Amendment.

Jekyll's Bill

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the undivided Twelfth Part of John Jekyll, an Infant, in the Real Estate of Sir Joseph Jekyll Knight, deceased, in Trustees, to be sold, for the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Barlow's Bill

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estate of George Barlow Esquire in him and his Heirs, and for settling another Part of his Estate, of greater Value, to the same Uses, in Lieu thereof."

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.

Commencement of the Year regulating, Bill.

The Earl of Chesterfield reported from the Committee of the whole House to whom the Bill, intituled, "An Act for regulating the Commencement of the Year, and correcting the Calendar now in Use," was committed, the Amendments made by the Committee to the said Bill.

Which, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to grant a Commission to his Royal Highness the Duke of Cumberland, his Grace the Lord Archbishop of Cantribury, and several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses."

The House was adjourned during Pleasure.

The House was resumed.

Then Five of the Lords Commissioners (in their Robes), being seated on a Form placed between the Throne and the Woolsack, the Lord Chancellor in the Middle, with the Archbishop of Canierbury and the Lord Privy Seal on his Right Hand, and the Lord President and Earl of Sandwich on his Left, commanded the Gentleman Usher of the Black Rod to signify to the Commons, "That the Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

"My Lords, and Gentlemen of the House of Commons, (fn. 1)

"His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have passed both Houses of Parliament, the Titles whereof are particularly mentioned, and, by the said Commission, hath commanded us, in His Absence, to declare and notify His Royal Assent to the said several Acts, in this House, in the Presence of you the Lords and Commons assembled for that Purpose.

"Which Commission you will now hear read"

And the same was accordingly read by the Clerk, as follows, (videlicet,)

"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 one." "An Act for enabling His Majesty to raise the several Sums of Money therein mentioned, by Exchequer Bills, to be charged on the Sinking Fund, and for empowering the Commissioners of the Treasury to pay off the Old and New unsubscribed South Sea Annuities, out of the Supply granted to His Majesty, for the Service of the Year One Thousand Seven Hundred and Fiftyone, and for enabling the Bank of England to hold General Courts and Courts of Directors, in the Manner therein directed, and for giving certain Persons Liberty to subscribe Bank and South Sea Annuities omitted to be subscribed pursuant to Two Acts of the last Session of Parliament." "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and then Quarters." "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law; and for allowing further Time for that Purpose." "An Act for the better carrying on and regulating the Navigation of the Rivers Thames and Isis, from the City of London West ward, to the Town of Cricklade, in the County of Wilts." "An Act for repairing the Road leading from West Lavington to The Devizes, and from The Devizes to Seend, in the County of Wilts" "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, for repairing the Highways through the several Parishes of St Michael, St Alban, St Peter, Shenley Ridge, and South Mims, in the Counties of Hertford and Middlesex." "An Act for empowering the Trustees named in the Settlement made upon the Marriage of Edward Hulse Esquire with Hannah his Wife, to lay out Part of the Trustmonies therein mentioned in the Purchase of Reversionary Estates, as well as Lands in Possession, to be settled to the Uses of the said Marriage Settlement, with Power to make Leases thereof, according to the Custom of the Country." "An Act to enable George Lane, heretofore called George Foy, Esquire, and his Issue Male, to take and use the Surname and Arms of Lane, pursuant to the Will of James Lord Viscount Lanesborough in the Kingdom of Ireland, deceased; and for enrolling the said Will, and making the Exemplification thereof Evidence in all Courts in Great Britain and Ireland." "An Act to enable Thomas Smith, now called Thomas Panuwell, and the Heirs of his Body, to take and use the Surname and Arms of Paruwell." 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 great and urgent Causes and Considerations, We cannot conveniently at this present be Personally, 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 Patents 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 publicly, in the Presence of you all, assented to the same And We do, by these Presents, declare and rotify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal and Commons aforesaid, as to all others whom it may concern, commanding also, by these Presents, Our Right Trusty and Well-beloved Counsellor Philip Lord Hardwicke Our Chancellor of Great Britain to seal these Our Letters Patents with Our Great Seal of Great Britain, and also commanding Our most Dear 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 of all England and Metropolitan, Our said Chancellor of Great Britain, and Our Right Trusty and Right Well-beloved Consins and Counsellors Lionel Duke of Dorset President of Our Council, John Earl Gower Keeper of Our Privy Seal, Charles, Duke of Marlborough Steward of Our Household, Charles Duke of Grafton Chamberlain of Our Household, John Duke of Bedford One of Our Principal Secretaries of State, Archibald Duke of Argyll, Thomas Holles Duke of Newcastle One other of Our Principal Secretaries of State, and John Earl of Sandwich First Commissioner of Our Admiralty, or any Three or more of them, to declare and notify 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 is requisite, and hath been accustoined for the same, and also to enrol these Our Letters Patents and the said Acts in the Parliament Roll, and these Our Letters Patents 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, that 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, Custon, Thing or Things, to the contrary thereof notwith standing. In Witness whereof, We have caused these Our Letters to be made Patent.

"Witness Ourself, at Westminster, the Twentysecond Day of March, in the Twenty fourth Year of Our Reign.

"By the King Himself, signed with His own Hand

"Yorke and Yorke."

Then the Lord Chancellor further said,

"In Obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, we do declare and notify to you, the Lords Spiritual and Temporal and Commons in Parliament assembled, that His Majesty has given His Royal Assent to the several Acts in the Commission mentioned, and the Clerks are required to pass the same, in the usual Form and Words."

Next, the Clerk Assistant received the Money Bills from the Hands of the Speaker, and brought them to the Table, where the 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-one."

"2. An Act for enabling His Majesty to raise the several Sums of Money therein mentioned, by Exchequer Bills, to be charged on the Sinking Fund, and for empowering the Commissioners of the Treasury to pay off the Old and New unsubscribed South Sea Annuities, out of the Supply granted to His Majesty for the Service of the Year One Thousand Seven Hundred and Fifty-one, and for enabling the Bank of England to hold General Courts and Courts of Directors, in the Manner therein directed, and for giving certain Persons Liberty to subscribe Bank and South Sea Annuities omitted to be subscribed pursuant to Two Acts of the last Session of Parliament"

To which the Royal Assent was pronounced, in these Words, (videlicet,)

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

"3. An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters"

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

"5. An Act for the better carrying on and regulating the Navigation of the Rivers Thames and Isis, from the City of London Westward, to the Town of Cricklade, in the County of Wilts"

"6 An Act for repairing the Road leading from West Lavington to The Devizes, and from The Devizes to Seend, in the County of Wilts."

"7 An Act for enlarging the Term and Powers granted by Two Acts of Parliament, for repairing the Highways, through the several Parishes of St. Michael, St. Alban, St. Peter, Shenley Ridge, and South Mims, in the Counties of Hertford and Middlesex."

To which the Royal Assent was severally pronounced, in these Words, (videlicet,)

"Le Roy le veult"

"8. An Act for empowering the Trustees named in the Settlement made upon the Marriage of Edward Hulse Esquire and Hannah his Wife to lay out Part of the Trust Monies therein mentioned in the Purchase of Reversionary Estates, as well as Lands in Possession, to be settled to the Uses of the said Marriage Settlement, with Power to make Leases thereof, according to the Custom of the Country."

"9. An Act to enable George Lane, heretofore called George Fox, Esquire, and his Issue Male, to take and use the Surname and Arms of Lane, pursuant to the Will of James Lord Viscount Lanesborough, in the Kingdom of Ireland, deceased, and for enroling the said Will, and making the Exemplification thereof Evidence in all Courts of Great Britain and Ireland."

"10 An Act to enable Thomas Smith, now called Thomas Panuwell, and the Heirs of his Body, to take and use the Surname and Arms of Panuwell."

To which the Royal Assent was severally pronounced, in these Words, (videlicet,)

"Soit fait comme il est desiré."

Then the Commons withdrew, and the House was adjourned during Pleasure.

The House was resumed.

Address of Condolence on the Prince of Wales's Death

Ordered, That an humble Address be presented to His Majesty, "Humbly to condole with His Majesty, on the Death of his Royal Highness the Prince of Wales, and to express our deep Sense of the great Loss which His Majesty and this Nation have sustained by that unhappy and melancholy Event And to declare our most sincere and ardent Wishes for His Majesty's long Life and happy Reign over us, our unfeigned Duty and Affection to His Sacred Person, and our firm Resolution to stand by and support His Majesty's Government, and the Protestant Succession in His Royal Family"

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Trials by Jury, better regulating, Bill.

Whereas Tuesday next is appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for the better regulating of Trials by Jury"

It is Ordered, That the House be put into a Committee thereupon, on Thursday next.

Sir W Maxwell's Bill

Ordered, That the Lords Committees to whom the Bill, intituled, "An Act to enable Sir William Maxwell of Monreith Baronet, and the Heirs of Entail for the Time being, to sell Lands in the County of Wigtoun, for Payment of Debts, and other Purposes therein mentioned," stands committed, which is appointed to meet on Tuesday next, do meet on that Day Sevennight.

Dillon to enter into Recognizance for the E of Kerry

The House being moved, "That Mr. Stephen Dillon may be permitted to enter into a Recognizance for Francis Thomas Earl of Kerry and Lixnaw, on account of his Appeal depending in this House, he being in Ireland"

It is Ordered, That the said Stephen Dillon may enter into a Recognizance for the said Earl, as desired.

Taylor to take the Name of Leyborne, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act to enable William Leyborne Taylor to take and use the Surname of Leyborne only, and bear the Coat of Arms of the Family of Leyborne, pursuant to the Will of his Uncle, William Leyborne, 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."

Ordered, That the said Bill be engrossed.

Adjourn

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

DIE Mercurii, 27o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Ebor.
Epus Roffen
Epus Wigorn
Epus Cicestriens.
Epus Lincoln
Epus Meneven
Epus Litch & Cov.
Epus Bristol
Ds Hardwicke, Cancellarius.
Comes Gower, C P S
Dux Marlborough, Senescallus.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl
March. Tweeddale
Comes Northampton
Comes Winchilsea
Comes Chesterfield
Comes (fn. 2) Cardigan.
Comes Warrington.
Comes Cholmondeley.
Comes Morton
Comes Moray
Comes Loudoun
Comes Leven.
Comes Marchmont.
Comes Hyndford.
Comes Oxford
Comes Bristol
Comes Halifax.
Comes Bath
Comes Bucks
Comes Fitzwilliam.
Comes Egremont.
Comes Hertford
Viscount Fauconberg.
Viscount Townshend.
Viscount Folkestone.
Ds Delawarr.
Ds Willoughby Br.
Ds Willoughby Par.
Ds Strange.
Ds Ward
Ds Cornwallis.
Ds Bathurst
Ds Ducie
Ds Raymond
Ds Feversham.
Ds Vere.

PRAYERS.

Commencement of the Year regulating, Bill

Hodie 3a vice lecta est Billa, intituled, "An Act for regulating the Commencement of the Year, and correcting the Calendar now in Use."

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

It was Resolved in the Affirmative.

Message to H C with it

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

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

His Majesty's Answer to the Address of Condolence

The Lord Chamberlain reported, "That the Lords with White Staves had (pursuant to the Order of this House on Friday last) presented to His Majesty their Lordships Address, to condole with Him on the Death of His Royal Highness the Prince of Wales And that His Majesty was pleased to say, He thanked the House of Lords, for the Concern and Affection which they have expressed upon the late melancholy Occasion He entirely depends upon the Continuance of then Duty and Affection to Him, and upon their future Support of His Government and Family."

His Majesty's Advocate against Boyd & al.

After hearing Counsel in Part, upon the Petition and Appeal of William Grant Esquire, His Majesty's Advocate for Scotland, for His Majesty's Interest, complaining of an Interlocutor and Decree of the Lords of Session in Scotland, to which James Boyd of Kilmarnock and Callender Esquire and others are Respondents.

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

Trials by Jury, better regulating, Bill

Ordered, That the Sitting of the Committee of the whole House on the Bill, intituled, "An Act for the better regulating of Trials by Jury," which is appointed for To morrow, be put off to Tuesday next.

Adjourn.

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

DIE Jovis, 28o Martii

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Cant.
Epus Londin.
Epus. Roffen
Epus Glocestr.
Epus. Wigorn
Epus Cicestriens
Epus Meneven
Epus Carliol
Epus Asaphen
Epus Litch & Cov.
Epus Bristol
Ds Hardwicke, Cancellarius
Dux Gordon
Dux Argyll
March. Tweeddale.
March. Lothian
Comes Northampton.
Comes Shaftesbury
Comes Warrington
Comes Morton.
Comes Moray
Comes Loudoun.
Comes Leven
Comes Marchmont.
Comes Hyndford
Comes Oxford
Comes Fitzwilliam.
Comes Hertford
Viscount Fauconberg.
Ds Willoughby Br.
Ds Willoughby Par.
Ds Ward
Ds Cornwallis.
Ds Onslow
Ds Monson
Ds. Raymond
Ds. Ravensworth
Ds. Archer.
Ds. Vere.

PRAYERS.

Oxfordshire Roads repairing, Bill

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Third Year of the Reign of His present Majesty, for repairing and amending the several Roads leading from Woodstock, through Kiddington and Enstone, to Rollright Lane, and from Enslow Bridge to Kiddington aforesaid, in the County of Oxford, and for making the said Act more effectual," to which they desire the Concurrence of this House.

Brandon and Waveny Rivers navigable, Bill

A Message was brought from the House of Commons, by Mr Fitzroy Scudamore and others.

With a Bill, intituled, "An Act for appointing Commissioners to put in Execution an Act made in the Twenty-second Year of the Reign of King Charles the Second, for making navigable the Rivers commonly called Brandon and Weveney, so far as the same relates to the Navigation of the River commonly called The Lesser Ouze, from Thetford to Brandon, and from Brendon to a Place called The White House, near Brandon Ferry, in the Counties of Norfolk and Suffolk," to which they desire the Concurrence of the House.

The said Bills were read the First Time.

D Arcaster Leave exhibit a Petition for a Private Bill

Upon reading the Petition of (fn. 3) Peregrine Duke of Ancaster and Kesteven, praying, "In regard of several unforeseen Delays in preparing a Bill for the Private Benefit of the Petitioner, that he may have Leave to exhibit a Petition for such Bill, notwithstanding the Time limited by the Order of this House is elapsed"

It is Ordered, That the Petitioner be at Liberty to exhibit his Petition, as desired.

Petition referred to Judges

Accordingly, a Petition of the said Duke was presented, and read, praying Leave to bring in a Bill, to supply and remedy certain Omissions and Defects in a Marriage Settlement, in the Petition mentioned, of the 21st of May 1735, by enabling the Petitioner to make Provisions for Younger Sons and Daughters, out of the Estates comprized in the said Settlement, and for other Purposes in the Petition expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Commo Pleas and Mr Justice Burnet, with the usual Directions, according to the Standing Order.

Groset against Ogilvie, Writ of Error from Exchequer in Scotland

The House was informed, "That a Person attended, with a Writ of Error, from the Court of Exchequer in Scotland."

He (one Kenneth Mackenzie) was called in, and, being sworn and examined, acquainted their Lordships, "That he received the said Writ of Error, sealed up, from Mr Mawle, One of the Barons of the said Court, and that it is now in the same Condition it was when he received it."

And then delivering it in at the Bar.

He was directed to withdraw.

The Cause being between,

Walter Groset Plaintiff, against Thomas Ogilvie Defendant.

Wilson to take the Name of Fenwick, Bill

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

With a Bill, intituled, "An Act to enable John Fenwick, lately called John Wilson, and the Heirs Male of his Body, to take the Name and bear the Arms of Fenwick only, pursuant to the Wills of Robert Fenwick and Nicholas Fenwick," to which they desire the Concurrence of this House.

His Majesty's Advocate against Boyd & al

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of William Grant Esquire, His Majesty's Advocate for Scotland, for His Majesty's Interest, complaining of an Interlocutor and Decree of the Lords of Session in Scotland, of the 27th of July last, made on the Behalf of certain Claimants before the Court of Session, in the Name of James Boyd of Kilmarnock and Callender Esquire, and Mr. Henry Home of Kames Advocate, Mr William Wallace of Cairnhill Advocate, Mr Hugh Crawfurd Clerk to the Signet, and Robert Paterson Writer in Kilmarnock, Trustees appointed by the said James Boyd, whereby they claimed certain Lands which some Time belonged to William late Earl of Kilmarnock, attainted, and praying, "That the said Interlocutor and Decree might be reversed, and such other Relief given as to this House in their great Wisdom and Justice should seem meet" As also upon the Answer of the said James Boyd and others the Claimants put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause.

Judgement.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That, it appearing, that the Amount of the Debts charged upon the Estate in Question, to which the Respondent Boyd became personally liable by his Acceptation of the Right, under the Deed of the 10th of August 1732, was, at the Time of making the said Deed, equal to the then Value of the said Estate, or thereabouts, the said Interlocutor or Decree ought to be affirmed And it is therefore Ordered and Adjudged, That the said Petition and Appeal be, and is hereby, dismissed this House, and that the said Interlocutor, or Decree, therein complained of, be, and the same is hereby, afffirmed.

Adjourn

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, vicesimum nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 29o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Cant
Arch Ebor.
Epus Roffen.
Epus Glocestr.
Epus. Oxon.
Epus Wigorn
Epus Cicestriens.
Epus Meneven.
Epus Carliol.
Epus Litch & Cov
Epus Bristol.
Ds Hardwicke, Cancellarius.
Dux Argyll.
March Tweeddale.
Comes Thanet.
Comes Shaftesbury.
Comes Morton.
Comes Moray.
Comes Leven.
Comes Marchmont.
Comes Hyndford.
Comes Macclesfield.
Comes Fitzwilliam.
Viscount Fauconberg.
Ds Willoughby Par.
Ds Cornwallis.
Ds. Ducie.
Ds. Raymond.

PRAYERS.

Wilson, to take the Name of Fenwick, Bill

Hodie 1a vice lecta est Billa, intituled, "An Act to enable John Fenwick, lately called John Wilson, and the Heirs Male of his Body, to take the Name, and bear the Arms, of Fenwick only, pursuant to the Wills of Robert Fenwick and Nicholas Fenwick."

Manchester Road, Bill.

A Message was brought from the House of Commons, by Sir Thomas Egerton and others.

With a Bill, intituled, "An Act for repairing the Road from Crosford Bridge, through the Townships of Stretford and Hulme, to the Town of Manchester, in the County Palatine of Lancaster," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Taylor to take the Name of Leyhorne, Bill

Hodie 3a vice lecta est Billa, intituled, "An Act to enable William Leyborne Taylor to take and use the Surname of Leyborne only, and bear the Coat of Arms of the Family of Leyborne, pursuant to the Will of his Uncle, William Leyborne, deceased"

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

It was Resolved in the Affirmative.

Message to H C with it

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

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

Oxfordshire Roads, Bill

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Third Year of the Reign of His present Majesty, for repairing and amending the several Roads leading from Woodstock, through Kiddington and Enstone, to Rollright Lane, and from Enslow Bridge to Kiddington aforesaid, in the County of Oxford, and for making the said Act more effectual."

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

D. Argyll.
M Tweeddale.
E Thanet.
E Shaftesbury.
E Morton.
E Moray.
E Leven.
E. Marchmont.
E Hyndford.
E. Macclesfield.
E. Fitzwilliam.
L. V. Fouconberg.
L B Rochester
L B Gloucester.
L B Oxford.
L B Worcester.
L B. St Davids.
L. B. Bristol.
L Willoughby Par.
L Cornwallis
L. Ducie.
L. Raymond.

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

Foulis against Dodswell & al

After hearing Counsel in Part, upon the Petition and Appeal of the Reverend John Foulis Clerk, complaining of Two Interlocutors of the Lords of Session in Scotland, to which Richard Dodswell and others are Respondents.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, primum diem Aprilis jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Bis in Originali.
2 Origin. Cardign.
3 Origin. Peregrine.