House of Lords Journal Volume 27
January 1752, 21-30

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History of Parliament Trust

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Year published

1767-1830

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625-635

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'House of Lords Journal Volume 27: January 1752, 21-30', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 625-635. URL: http://british-history.ac.uk/report.aspx?compid=114338 Date accessed: 28 November 2014.


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January 1752, 21-31

DIE Martis, 21o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. Dunelm.
Epus Roffen.
Epus. Oxon.
Epus Wigorn.
Epus. Sarum.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Meneven.
Epus. Exon
Epus. Carliol
Epus. Petriburg.
Epus. Asaphen
Epus. Landavens.
Epus Norwic
Epus Litch. & Cov.
Epus Bristol.
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Comes Granville, Præses
Comes Gower, C. P. S.
Dux St. Albans.
Dux Devon.
Dux Gordon.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
March Tweeddale.
March. Rockingham.
Comes Derby.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Carlisle
Comes Shaftesbury
Comes Berkeley.
Comes Holdernesse.
Comes Coventry.
Comes Home.
Comes Lauderdale.
Comes Loudoun
Comes Strafford.
Comes Halifax.
Comes Sussex.
Comes Cowper.
Comes Macclesfield.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Bath
Comes Portsmouth.
Comes Brooke
Comes Fitzwilliam.
Comes Northumberland.
Comes Harcourt.
Comes Hertford.
Viscount Fauconberg.
Viscount Townshend.
Viscount Falmouth.
Viscount Folkestone.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Strange.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Raymond.
Ds Montfort.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Anson.
Ds. Ravensworth.

PRAYERS.

Attestation of Devises of Real Estates, Bill,

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for the Amendment of the Law relating to the Attestation of Devises of Real Estates.

Committee discharged from proceeding upon it.

Ordered, That the said Committee be discharged from proceeding thereupon.

Frauds and Perjuries, Statute explaining, Bill presented, and withdrawn.

Then the Lord Viscount Townshend presented to the House a Bill for explaining the Statute of Frauds and Perjuries.

And the same was read.

But, there being no Breviate or Abstract thereof, and the Bill not transcribed as is usual and ought to be done, was withdrawn.

Attestation of Wills, &c Bill.

Whereupon the Lord Chancellor presented to the House a Bill, intituled, "An Act for avoiding and putting an End to certain Doubts and Questions relating to the Attestation of Wills and Codicils concerning Real Estates"

And the same was read the First Time.

Ordered, That the said Bill be printed, and read a Second Time on Friday next, and the Lords to be summoned.

His Majesty's Advocate against D Gordon.

A Petition of William Grant Esquire, His Majesty's Advocate for Scotland, in Behalf of His Majesty, was presented, and read, setting forth, "That the Petitioner's Appeal, to which the Duke of Gordon is Respondent, stands appointed to be heard on Friday next," and praying, "In regard the Matters in Question are in a fan Way of being accommodated, that the Cause may be put off to such Time as the House shall please to appoint"

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

And being withdrawn.

Ordered, That the Hearing of the said Cause be put off to Friday Fortnight next.

Steppards Shord Road, repairing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue and make more effectual an Act passed in the Second Year of the Reign of His present Majesty, for repairing the Highway's between Sheppard's Shord and Horseley Upright Gate, leading down Bagdown Hill, in the County of Wilts, and other ruinous Parts of the Highways thereunto adjacent."

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

L Privy Seal.
D St Albans
D Gordon
D Argyll
D Portland
M Rockingham
E Derby
E Northampton
E Warwick.
E. Carlisle
E Shaftesbury.
E Coventry
E Lauderdale
E Loudoun.
E. Halifax
E Cowper.
E Macclesfield.
E. Effingham.
E. Bath
E Fitzwilliam.
E Northumberland.
Viscount Fauconberg.
Viscount Townshend.
L Abp. Cant
L Bp Rochester
L Bp Worcester
L. Bp Sarum
L Bp Lincoln
L Bp St Davids
L Bp Carlisle
L Bp St Asaph.
L Bp Bristol.
L Delawarr
L Willoughby Par.
L Strange
L Berkeley
L Cornwallis.
L Hay
L. Masham.
L Foley
L Bathurst.
L. Onslow.
L Romney.
L Cadogan
L. Raymond.
L Montfort
L Edgecumbe.
L. Sandys.
L Anson
L. Ravensworth.

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

Miller's Nat. Bill.

John Matthias Miller took the Oaths appointed, in order to his Naturalization.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Matthias Miller."

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.

Robelon, Nat. Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for nataralizing Jane Magdalen Robeion," 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.

E of Donegall & al Petition referred to Judges.

Upon reading the Petition of Arthur Earl of Donegall in the Kingdom of Ireland, and of Richard Barry and John Ludford Esquires, his Trustees, the said John Ludford being also One of the Testamentary Guardians of John Chichester and Arthur Chichester, the Infant (fn. 1) Sons of John Chichester Junior Esquire, deceased, and petitioning for and on Behalf of the said Infants, praying Leave to bring in a Bill, to empower the Trustees in an Indenture of the Second of August, 1751, during the Life of the Petitioner the said Earl, and the other Owners of the Estate in Ireland therein mentioned, for the Time being, to make Leases and Grants thereof, as may be a proper Encouragement for erecting Buildings, as in the Petition is 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 Common Pleas and Mr. Justice Birch, with the usual Directions, according to the Standing Order.

Sir Wm Harbord's Petition referred to Judges.

Upon reading the Petition of Sir William Harbord Baronet, and Knight of the most Honourable Order of the Bath, and Dame Elizabeth his Wife, on Behalf of themselves, and of Harbord Harbord then Son and Heir, an Infant, praying Leave to bring in a Bill, for Sale of Estates, in the Counties of Norfolk and Suffolk, in the Petition mentioned, and the Monies arising thereby to be laid out in the Purchase of more convenient Estates, to be settled to the same Uses.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr Baron Clive, with the usual Directions, according to the Standing Order.

Wicker's Petition referred to Judges.

Upon reading the Petition of John Wicker of Horsham in the County of Sussex Esquire and Charlotte Wicker his Wife, praying Leave to bring in a Bill, for vesting an Estate at Stepney, in the County of Midd x, in the Petition mentioned, in the Petitioner John Wicker, in Fee Simple, discharged of the Uses of the Petitioners Marriage Settlement, and for settling Estates in Sussex, Surrey, and Kent, in the Petition also mentioned, to the same Uses.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Birch and Mr. Baron Smyth, with the usual Directions, according to the Standing Order.

Benson, Leave for a Bill of Divorce.

Upon reading the Petition of Thomas Benson, late of Chatham in the County of Kent, but now of the Island of Jamaica, Gentleman, praying Leave to bring in a Bill, for dissolving and making void the Petitioner's Marriage with Jane Board Spinster, his now Wife, and to enable him to marry again.

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

Adjourn.

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

DIE Jovis, 23o Januarii.

Domini tam Sprituales quam Temporales præsentes fuerunt.

Epus Roffen
Epus Wigorn.
Epus Sarum
Epus Meneven
Epus. Exon
Epus Litch & Cov.
Epus. Bristol.
Ds Hardwicke, Cancellarius.
Dux Somerset.
Dux Devon.
Dux Gordon.
Comes Northampton
Comes Shaftesbury.
Comes Lauderdale.
Comes Effingham.
Ds Willoughby Par.
Ds Cavendish
Ds. Cornwallis.
Ds. Onslow
Ds. Raymond.
Ds Sandys.
Ds Anson

PRAYERS.

Report of Commissioners of Greenwich Hospital delivered.

The House being informed, "That a Person from the Commissioners of Greenwich Hospital attended"

He was called in, and delivered, at the Bar, pursuant to Act of Parliament,

"The Report of what Money has been received from the Derwentwater Estate, between 1st December 1750, and 30th November 1751, 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 he on the Table.

Mercers Company, Accompt delivered.

The House being informed, "That a Person from the Wardens and Commonalty of the Mystery of Mercers attended"

He was called in, and delivered, at the Bar, pursuant to Act of Parliament,

"The Accompts of the Wardens and Commonalty of the Mystery of Mercers of the City of London, from the 29th September 1750, to the 29th of September 1751."

And then he was directed to withdraw.

And the Title of the said Accompts being read, by the Clerk.

Ordered, That the same do he on the Table.

Chandler, Leave for a Bill, to take the Name of Cavendish.

Upon reading the Petition of Richard Chandler Esquire and Elizabeth his Wife, the only Daughter of James Cavendish Esquire, commonly called Lord James Cavendish, deceased, praying Leave to bring in a Bill, to confirm and establish the Surname of Cavendish upon the Petitioners and their Issue, according to the Will of the said Lord James Cavendish

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

Bill read.

Accordingly, the Lord Cavendish presented to the House a Bill, intituled, "An Act to empower Richard Chandler Esquire and Elizabeth his Wife, and their Issue, to take and use the Surname of Cavendish."

And the same was read the First Time.

Archer, Leave for a Bill to take the Name of Newton.

Upon reading the Petition of Susanna Archer, for and on Behalf of Michael Archer her Son, an Infant, praying Leave to bring in a Bill, for establishing and confirming on the said Infant and his Issue the Surname and Coat of Arms of Newton, according to the Will of Dame Susanna Newton, deceased.

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

Robelon, Nat Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Jane Magdalen Robelon"

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 Spicer and Mr Edwards

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

E Powis's Petition referred to Judges.

Upon reading the Petition of Henry Arthur Earl of Powis and Barbara Countess of Powis his Wife, Niece and Heir of the most Honourable William late Marquis of Powis deceased, John Allen Pusey Esquire, and William Goostrey Gentleman, Devisees in Trust and Executors named in the last Will and Testament of the aforesaid William late Marquis of Powis, praying Leave to bring in a Bill, for Sale of divers Parts of the Estates comprized in the Will of the said Marquis, for discharging several Debts and Encumbrances of the Testator, 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 Baron of the Court of Exchequer and Mr Justice Burnett, with the usual Directions, according to the Standing Order.

Wyndham's Pet referred to Judges.

Upon reading the Petition of William Wyndham of Dinton in the County of Wilts Esquire, for himself, and on the Behalf of William Wyndham, his Eldest Son, an Infant, praying Leave to bring in a Bill, for authorizing Leases and Copyhold Grants to be made of several Lands and Estates, in the Counties of Wilts and Somerset, during the Minority of the said Infant, which were devised to him by the Will of Thomas Wyndham, Baron Wyndham of Finglass in the Kingdom of Ireland, deceased.

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

Woollaston's Pet referred to Judges.

Upon reading the Petition of Dame Sarah Rowlands Woollaston Widow, on Behalf of herself and of Sir Isaac Lawrence Woollaston Baronet, her Son and Heir Apparent, an Infant of the Age of about One Year, praying Leave to bring in a Bill, to enable the Petitioner, by Sale or Mortgage of her Estates in the Isle of Ely, and in the Counties of Huntingdon, Lincoln, and Norfolk, to raise Money, for discharging Encumbrances.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Birch and Mr. Justice Gundry, with the usual Directions, according to the Standing Order.

Preston's Pet. referred to Judges.

Upon reading the Petition of John Preston of Leeds in the County of York Merchant, only Son of William Preston Senior, Merchant, by Olivia his First Wife, deceased, and of William Preston Junior, Eldest Son of the said William Preston Senior, by Ellen his present Wife, and also of the said William Preston Senior, for and on Behalf of Abraham Preston, Henry Preston, Christopher Preston, and Thomas Preston, his Younger Sons by the said Ellen, who are all Infants, praying Leave to bring in a Bill, for empowering the said John Preston to limit or appoint the Premises comprized in the Petitioner's Marriage Settlement to any Woman he may marry, for her Jointure.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr Baron Smythe, with the usual Directions, according to the Standing Order.

St John's Pet. referred to Judges.

Upon reading the Petition of Ellis St John Clerk, Rector of Finchamstead, in the County of Berks, praying Leave to bring in a Bill, for carrying an Agreement for an Exchange of the Perpetual Advowson of the Rectory of South Morton, in the County of Berks, for an alternate Right of Presentation to the Rectory of Fincham, in the said County.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Baron Clive and Mr. Baron Legge, with the usual Directions, according to the Standing Order.

Pusey Exchange, Leave for a Bill.

Upon reading the Petition of John Allen Pusey of Pusey in the County of Berks Esquire, and Lionel Lampet Clerk, Rector of the Parish Church of Pusey aforesaid, praying Leave to bring in a Bill, for establishing an Exchange of Glebe Lands and Tithes of the Rectory of the said Parish Church with the Petitioner Pusey, except as in the Petition is excepted, for the Annual Sum of Forty-six Pounds, to be paid to the said Rector and his Successors; and for rendering the said Exchange effectual:

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

Wytham Field, Johnson & al. Leave for a Bill to enclose.

Upon reading the Petition of the Reverend Woolsey Johnson Clerk, Lord of the Manor of Wytham on the Hill, in the County of Lincoln, and Patron of the Parish and Parish Church of Wytham aforesaid, and also Impropriator of Two Third Parts of all the Tithes arising within the said Parish, and the Reverend William Ridley Clerk, Vicar of the said Parish Church of Wytham aforesaid, and who, in Right of his said Church, is entitled to the other Third Part of the said Tithes, and also of several other Persons whose Names are thereunto sub scribed, being Owners and Proprietors of divers Parcels of Land, of and in a large Open Common Field, called Wytham on the Hill in Field, in the County of Lincoln, praying Leave to bring in a Bill, for confirming and establishing certain Articles of Agreement, in the Petition mentioned, for dividing and enclosing the Land in the said Common Field.

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

F of Home & al peremptorily to answer Clarke's Appeal.

The House was informed, "That William Earl of Home and others have not put in their Answer to the Appeal of Jacobina Clarke, a Pauper, though duly served with an Order of this House for that Purpose."

And thereupon an Affidavit, made by Thomas Ogilvie Writer in Edinburgh, as Attorney for the said Appellant, of the due Service of the said Order, being read.

Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, in a Week.

Campbell peremptorily to answer Campbell alias Cochran's Appeal.

The House was informed, "That Jean Campbell had not put in her Answer to the Appeal of Mogdalen Cochran, alias Campbell, Widow and Administratrix of Captain John Campbell of Carrick, deceased, and Alexander and Archibold Sevensons, Conjunct Procurator Fiscals of Court, though duly served with the Order of this House for that Purpose"

And thereupon an Affidavit of Hugh Robertson, Clerk to John Dickie Writer to His Majesty's Signet, of the due Service of the said Order, being read.

Ordered, That the said Respondent do peremptorily put in her Answer to the said Appeal, in a Week.

Adjourn.

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

DIE Veneris, 24o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Cant.
Arch Ebor
Epus Roffen
Epus Glocestriens
Epus Wigorn
Epus Bath & Wells
Epus Lincoln.
Epus Meneven.
Epus Exon
Epus Carliol.
Epus Petriburg
Epus Asaphen
Epus. Landavens.
Ds Hardwicke, Cancellarius
Comes Granville, Præses.
Comes Gower, C. P S
Dux Somerset.
Dux St Albans
Dux Bedford.
Dux Gordon
Dux Argyll
Dux Ancaster & Kesteven, Magnus Camerarius Angl
Dux Portland
March Tweeddale
Comes Derby.
Comes Lincoln
Comes Northampton.
Comes Warwick
Comes Winchilsea
Comes Thanet
Comes Carlisle
Comes Shaftesbury.
Comes Berkeley
Comes Holdernesse.
Comes Coventry
Comes Jersey
Comes Home
Comes Lauderdale.
Comes Loudoun
Comes Hyndford.
Comes Halifax.
Comes Macclesfield
Comes Fitzwalter.
Comes Effingham.
Comes Bath
Comes Brooke
Comes Fitzwilliam
Comes Harcourt.
Comes Hertford.
Viscount Fauconberg.
Viscount Folkestone.
Ds Willoughby Par.
Ds Cavendish
Ds North
Ds Strange
Ds Berkeley
Ds Cornwallis.
Ds Hay
Ds Masham.
Ds Bathurst
Ds Onslow.
Ds Romney
Ds Cadogan.
Ds. Raymond.
Ds Sandys.
Ds Anson.
Ds Ravensworth.

PRAYERS.

D of Ancaster, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Peregrine Duke of Ancaster and Kesteven, 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 1a vice lecta est Billa, intituled, "An Act for supplying certain Defects in a Settlement of the Family Estates of Peregrine Duke of Ancaster and Kesteven, by enabling him to raise Portions thereout for his Daughters, in the Manner therein mentioned"

Steware Mackenzie, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Stewart Mackinzie Esquire and Lady Elizabeth 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 1a vice lecta est Billa, intituled, "An Act for Sale of Part of the entailed Estate of Sir George Mackinzie Knight, deceased, lying in that Part of Great Britain called Scotland, and for purchasing other Estates, to be settled to the same Uses, and for other Purposes therein mentioned"

Sir T Heathcote' Put referred to Judges.

Upon reading the Petition of Sir Thomas Heathcote Baronet, praying Leave to bring in a Bill, for providing, securing, and raising, suitable Portions and Maintenance for his Younger Children, out of a competent Part of the Estate in the Petition mentioned, whereof he was Tenant in Tail under his Father's Marriage Settlement, as in the Petition is expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Burnett and Mr. Baron Clive, with the usual Directions, according to the Standing Order.

Sheppard's Shord Road, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to continue and make more effectual an Act passed in the Second Year of the Reign of His present Majesty, for repairing the Highways between Sheppard's Shord and Horseley Upright Gate, leading down Bagdown Hill, in the County of Wilts, and other ruinous Parts of the Highways thereunto adjacent," 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"

Miller's Nat Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Matthias Miller," was committed.

Ordered, That the last mentioned Bill be engrossed.

Chandler, to take the Name of Cavendish, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to empower Richard Chandler Esquire and Elizabeth his Wife, and their Issue, to take and use the Surname of Cavendish."

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

Ld Privy Seal.
D Somerset.
D Gordon
D Argyll.
D Portland.
M Tweeddale
E. Derby
E Warwick.
E Carlisle
E Shaftesbury.
E Coventry.
E. Loudoun
E Macclesfield.
E Bath.
E Fitzwilliam.
V Faucorberg
L Abp York.
L. Bp Rochester
L B. St Davids.
L. B Landaff
L. B. Litch. & Cov.
L. B. Bristol.
L Willoughby Par.
L. Cavendish.
L. Strange
L. Cornwallis.
L. Bathurst.
L Onslow
L. Raymond.
L. Sandys.
L. Anson.
L. Ravensworth.

Their Lordships, or any Five of them, to meet on Friday the 31st Instant, at the usual Time and Place, and to adjourn as they please.

Attestation of Wills, &c Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for avoiding and putting an End to certain Doubts and Questions relating to the Attestation of Wills and Codicils concerning Real Estates"

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next, and the Lords to be summoned.

Adjourn.

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

DIE Luræ, 27o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch Cant.
Arch. Ebor.
Epus Dunelm.
Epus Roffen.
Epus. Glocestr.
Epus. Oxon.
Epus Wigorn.
Epus. Cicestriens.
Epus. Sarum
Epus Bath & Wells.
Epus Lincoln.
Epus Meneven.
Epus Carliol.
Epus Petriburg.
Epus. Bangor.
Epus Asaphen.
Epus Landavens.
Epus Norwic
Epus Litch & Cov.
Epus. Bristol.
Ds. Hardwicke, Cancellarius
Comes Granville, Præses
Comes Gower, C. P. S.
Dux St Albans.
Dux Bedford.
Dux Gordon
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland
Dux Manclester.
March. Tweeddale.
Comes Derby
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Thanet.
Comes Carlisle.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey
Comes Cholmondeley.
Comes Home
Comes Loudoun.
Comes Hyndford.
Comes Cowper
Comes Macclesfield.
Comes Pomfret
Comes Fitzwalter.
Comes Effingham.
Comes Bath.
Comes Portsmouth
Comes Fitzwilliam.
Comes Northumberland
Comes Hertford.
Viscount Fauconberg
Viscount Falmouth
Viscount Folkestone.
Ds Wentworth.
Ds. Willoughby Par.
Ds Strange
Ds Berkeley
Ds. Cornwallis.
Ds. Hay
Ds Masham.
Ds Bathurst.
Ds Onslow.
Ds Romney.
Ds. Cadogan.
Ds. Ducie.
Ds Raymond.
Ds Sandys.
Ds Anson.
Ds Ravensworth.
Ds. Archer.

PRAYERS.

Benson's Divorce, Bill.

The Lord Willoughby of Parham presented to the House, pursuant to their Lordships Order of Tuesday last, a Bill, intituled, "An Act to dissolve the Marriage of Thomas Benson Gentleman with Jane Board, his now Wife, and to enable him to marry again, and for other Purposes therein mentioned"

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time To morrow Fortnight, being the 11th Day of February next, and Notice thereof assixed on the Doors of this House, and the Lords to be summoned, and that the said Thomas Benson may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill, and that the said Jane Board may have a Copy of the said Bill, and that Notice be given her of the said Second Reading, and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at that Time.

Miller's Nat Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John Matthias Miller"

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 Spicer and Mr. Edwards

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

Southcote Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Philip Southcote Esquire, 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 1a vice lecta est Billa, intituled, "An Act to empower the Committee or Committees of Thomas Southcote Esquire, a Lunatick, for the Time being, to make Leases and Copyhold Grants of his Estates in the Counties of Berks, Essex, and Surrey, and for other Purposes therein mentioned"

Ld R Bertie & al Pet against D. Ancaster's Bill.

Upon reading the Petition of Robert Bertie Esquire commonly called Lord Robert Bertie, One of the Younger Sons of the most Noble Robert late Duke of Ancaster, deceased, by the most Noble Albinia Dutchess of Ancaster his Wife also deceased, for himself and on the Behalf of his Brothers, commonly called Lord Vere Bertie and Lord Montagu Bertie, setting forth, "That there is a Bill depending in this House, for rectifying and supplying certain Defects and Omissions in a Settlement of the Family Estates of Peregrine Duke of Ancaster and Kesteven, by enabling the said Duke to raise Portions for his Daughters," and representing, "That, should the said Bill, as it now stands, pass into a Law, the same would be very prejudicial to the Petitioner and his Two Brothers," and praying, That he may be heard, by his Counsel or otherwise, against the said Bill"

It is Ordered, That the said Bill be read a Second Time on Thursday Sevennight next, and that the Petitioner may be heard, by his Counsel, as desired, at that Time, as may Counsel also be heard, for the Bill, at the same Time.

Attestation of Will, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for avoiding and putting an End to certain Doubts and Questions relating to the Attestation of Wills and Codicils concerning Real Estates"

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto, which he would be ready to report, when the House will please to receive the same"

Ordered, That the said Report be received Tomorrow.

Stewart Mackenzie's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of Part of the entailed Estate of Sir George Mackinzie Knight, deceased, lying in that Part of Great Britain called Scotland, and for purchasing other Estates, to be settled to the same Uses, and for other Purposes therein mentioned"

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

Ld. President.
D. Bedford.
D Gordon.
D Argyll.
D Portland
M Tweeddale.
E Derby
E Warwick.
E Carlisle.
E. Home.
E. Loudoun.
E. Hyndford.
E. Macclesfield.
E. Bath.
E. Fitzwilliam.
E Northumberland.
V. Fauconberg.
V. Folkestone
L. Abp Cant.
L B Rochester.
L. B Worcester.
L B Sarum.
L. B. St Davids.
L. B. St. Asaph.
L. B. Bristol.
L. Wentworth
L Willoughby Par.
L Strange.
L Cornwallis.
L Hay
L. Bathurst.
L Onslow.
L Cadogan.
L. Ducie.
L. Raymond.
L Sandys.
L. Archer.

Their Lordships, or any Five of them, to meet on Tuesday the 11th Day of February next, at the usual Time and Place, and to adjourn as they please.

Sheppard's Shord Road, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to continue and make more effectual an Act passed in the Second Year of the Reign of His present Majesty, for repairing the Highways between Sheppard's Shord and Horseley Upright Gate, leading down Bagdown Hill, in the County of Wilts, and other ruinous Parts of the Highways thereunto adjacent"

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

It was Resolved in the Affirmative.

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

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

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

Adjourn.

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

DIE Martis, 28o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Cant
Arch Ebor
Epus Roffen
Epus Glocestriens.
Epus Oxon
Epus Wigorn.
Epus Sarum
Epus Lincoln.
Epus Meneven
Epus Petriburg
Epus Landavens
Epus Norwic
Epus Litch & Cov.
Epus. Bristol
Dux Cumberland.
Ds. Hardwicke, Cancellarius
Comes Granville, Præses
Comes Gower, C P S
Dux Marlborough, Senescallus
Dux Grafton, Camerarius
Dux Somerset
Dux St Albans.
Dux Bedford.
Dux Cordon.
Dux Argyll
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Kingston
Dux Newcastle.
Dux Portland.
Dux Manchester.
March Tweeddale
March Rockingham
Comes Derby
Comes Lincoln
Comes Northampton.
Comes Warwick
Comes Winchilsea
Comes Chesterfield.
Comes Thanet
Comes Sandwich.
Comes Carlisle
Comes Shaftesbury.
Comes Litchfield.
Comes Berkeley
Comes Holdernesse
Comes Coventry.
Comes Jersey.
Comes Poulet
Comes Cholmondeley.
Comes Home.
Comes Lauderdale
Comes Loudoun.
Comes Hyndford.
Comes Strafford.
Comes Tankerville.
Comes Halifax
Comes Sussex
Comes Cowper
Comes Macclesfield
Comes Pomfret
Comes Ker
Comes Waldegrave
Comes Fitzwalter
Comes Ashburnham
Comes Effingham.
Comes Bath
Comes Portsmouth
Comes Brooke.
Comes Fitzwilliam.
Comes Powis
Comes Northumberland
Comes Harcourt.
Comes Hertford.
Viscount Faucorberg.
Viscount Townshend.
Viscount Falmouth
Viscount Folkestone.
Ds. Delawarr
Ds Willoughby Br
Ds Wentworth
Ds Willoughby Par.
Ds North & Guil.
Ds Cavendish
Ds Strange
Ds Berkeley
Ds. Cornwallis.
Ds. Hay
Ds Montjoy
Ds Masham.
Ds Bathurst.
Ds Onslow.
Ds Romney.
Ds Cadogan.
Ds. Ducie
Ds Raymond.
Ds Talbot
Ds Montfort.
Ds Edgecumbe.
Ds Sandys
Ds Anson
Ds Ravensworth.

PRAYERS.

Attestation of Wills, &c Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for avoiding and putting an End to certain Doubts and Questions relating to the Attestation of Wills and Codicils concerning Real Estates," 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.

An Addition was made to the Title of the Bill, with respect to the Clause added concerning the Plantations.

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

Warminster Road, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road from the Town of Warminster, in the County of Wilts, to the City of Bath, in the County of Somerset, and also the Road from the Town of Frome, in the said County of Somerset, to the Town of Beckington, in the same County, and for repairing the Road from Heytesbury to Anstrow Hill, in the County of Wilts," to which they desire the Concurrence of this House.

Comerell & al. Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Fredericke William Commerell, John Anthony Toepken, and Christian Gottlieb Moser," to which they desire the Concurrence of this House.

Geledneks, Nat Bill.

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

With a Bill, intituled, "An Act for naturalizing Christian Samuel Gelednekt," to which they desire the Concurrence of this House.

Denoyer, Nat Bill.

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

With a Bill, intituled, "An Act for naturalizing Philip Denoyer," to which they desire the Concurrence of this House.

Treaty of Subsidy with the King of Poland considered:

The Order of the Day being read, for taking into Consideration the Treaty between His Majesty the King of Great Britain and their High Mightinesses the States General of The United Provinces of the Low Countries on the one Part, and His Majesty the King of Poland Elector of Saxony, on the other Part, concluded at Dresden, the 13th September, 1751, N. S.

The Copy of the said Treaty was read.

Motion for an Address concerning it rejected.

Moved, "That an humble Address be presented to His Majesty, most humbly to represent, That this House, having taken under their most serious Consideration the Treaty between His Majesty and their High Mightinesses the States General of The United Provinces of The Low Countries on the one Part, and His Majesty the King of Poland, Elector of Saxony, on the other Part, concluded at Dresden, the 13th Day of September, N. S 1751, and which was by His Majesty's Orders laid before this House, do conceive, that Treaties of this Kind, as being Subsidiary, ought not to be entered into in Time of Peace, unless upon the greatest and most pressing Emergencies, more especially at this Time, when the Nation is but just freed from a long and expensive War That the said Treaty doth not seem to this House to be founded upon an absolute Necessity, without the obtaining of which the Interests of this Nation can be justly supposed to suffer, and that this Treaty doth not appear to them a probable Means of obtaining any real Advantage to Great Britain."

After Debate;

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Adjourn.

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

DIE Mercurii, 29o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Roffen
Epus Litch & Cov.
Epus. Bristol.
Ds Hardwicke, Cancellarius.
Dux Argyll.
Dux Portland.
Comes Derby.
Comes Northampton.
Comes Warwick.
Comes Shaftesbury.
Comes Lauderdale.
Comes Hyndford
Comes Macclesfield
Comes Fitzwilliam.
Ds Wentworth.
Ds Willoughby Par.
Ds Strange
Ds Cornwallis.
Ds Bathurst.
Ds Onslow.
Ds. Ducie.
Ds Anson.

PRAYERS.

Attestation of Wills, &c Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for avoiding and putting an End to certain Doubts and Questions relating to the Attestation of Wills and Codicils concerning Real Estates, in that Part of Great Britain called England, and in His Majesty's Colonies and Plantations in America."

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 Bennett and Mr Elde

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

Bacon, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Edward Bacon Esquire, 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 1a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Hereditaments in the County of Oxford, devised by the Will of Nathaniel Bacon Esquire, deceased, and the Codicil thereunto annexed, in Edward Bacon Esquire, in Fee Simple, and for settling an Estate, in the County of Norfolk, of greater Value, to the Uses limited by the same Will and Codicil."

Southcote's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to empower the Committee or Committees of Thomas Southcote Esquire, a Lunatick, for the Time being, to make Leases and Copyhold Grants of his Estates, in the Counties of Berks, Essex, and Surrey, and for other Purposes therein mentioned."

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

D. Argyll.
D. Portland.
E. Derby.
E Northampton.
E. Warwick.
E Shaftesbury.
E. Lauderdale
E. Hyndford.
E. Macclesfield.
E. Fitzwilliam.
L. Bp. Rochester.
L. B. Litch. & Cov.
L. Wentworth.
L. Willoughby Par.
L Strange
L Cornwallis.
L Bathurst.
L. Onslow.
L. Ducie.
L. Anson.

Their Lordships, or any Five of them, to meet on Thursday the 13th Day of February next, at the usual Time and Place, and to adjourn as they please.

Warminster Road, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Town of Warminster, in the County of Wilts, to the City of Bath, in the County of Somerset, and also the Road from the Town of Froome, in the said County of Somerset, to the Town of Beckington, in the same County, and for repairing the Road from Heytesbury to Anstrow Hill, in the County of Wilts"

Commerell & al Nat Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing Frederick William Commerell, John Anthony Toepken, and Christian Gottlieb Moser"

Gelednekt, Nat Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing Christian Samuel Gelednekt."

Denoyer, Nat. Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing Philip Denoyer."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem (fn. 2) Jovis, tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Jovis, 30o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus Roffen.
Epus Glocestr.
Epus Bath & Wells.
Epus Meneven
Epus Hereford.
Epus Norwic.
Epus. Bristol.
Ds. Hardwicke, Cancellarius.

PRAYERS.

In order to solemnize this Day, being, by Act of Parliament, appointed to be observed as a Day of Publick Fasting and Humiliation,

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, tricesimum primum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 31o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Roffen
Epus. Mereven.
Epus. Litch & Cov.
Epus. Bristol.
Ds Hardwicke, Cancellarius
Dux Newcastle.
Dux Portland
Comes Northampton.
Comes Stamford
Comes Chesterfield.
Comes Carlisle.
Comes Shaftesbury.
Comes Holdernesse.
Comes Halifax
Comes Bucks
Comes Fitzwilliam
Ds Willoughby Par.
Ds North.
Ds. Cavendish.
Ds Cornwallis.
Ds Onslow.
Ds Ducie
Ds Raymond
Ds Sandys
Ds Archer.

PRAYERS.

Clarke against E of Home.

The Answer of William Earl of Home, to the Appeal of Jacobina Clarke, a Pauper, was brought in.

Thanks to the Bp of Hereford for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Hereford, 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 forthwith printed and published.

Chandler to take the Name of Cavendish; Bill.

The Lord Cavendish reported from the Lords Committees to whom the Bill, intituled, "An Act to empower Richard Chandler Esquire and Elizabeth his Wife, and their Issue, to take and use the Surname of Cavendish," 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.

Warminster Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Town of Warminster, in the County of Wilts, to the City of Bath, in the County of Somerset, and also the Road from the Town of Froome, in the said County of Somerset, to the Town of Beckington, in the same County, and for repairing the Road from Heytesbury to Anstrow Hill, in the County of Wilts."

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

D. Newcastle.
D. Portland.
E. Northampton.
E. Stamford.
E. Chesterfield.
E. Carlisle.
E. Shaftesbury.
E Holdernesse.
E Halifax
E Bucks
E Fitzwilliam.
L B Rochester.
L. B. St. Davids.
L. B. Litch. & Cov
L. B. Bristol.
L. Willoughby Par.
L. North.
L Cavendish.
L. Cornwallis.
L. Onslow.
L. Ducie
L. Raymond.
L Sandys.
L. Archer.

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

Bacon's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Hereditaments, in the County of Oxford, devised by the Will of Nathaniel Bacon Esquire, deceased, and the Codicil thereunto annexed, in Edward Bacon Esquire, in Fee Simple, and for settling an Estate, in the County of Norfolk, of greater Value, to the Uses limited by the same Will and Codicil"

Ordered, That the said Bill be committed to the Consideration of the Lords Committees abovenamed.

Their Lordships, or any Five of them; to meet on Tuesday the 18th Day of February next, at the usual Time and Place; and to adjourn as they please.

Ly Bland & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Lady Frances Bland, Widow and Relict of the late Sir John Bland Baronet, deceased, 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.

Sir J Bland's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting divers Manors and Lands, in the Counties of Lancaster and Chester, devised by the Will of the late Sir John Bland Baronet, deceased, in the present Sir John Bland, in Fee Simple, discharged of the Trusts of the said Will, and for settling an Estate in the County of York in Lieu thereof, and in Exchange for the same."

Hopton, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Richard Hopton 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 1a vice lecta est Billa, intituled, "An Act for Sale of the Moiety of the Manor of Icombe, Part of the settled Estate of Richard Hopton Esquire and others, and laying out the Money arising thereby in the Purchase of an entire Estate, to be settled to the same Uses"

Preston, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Preston of Leeds in the County of York Merchant, 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 1a vice lecta est Billa, intituled, "An Act to empower John Preston Merchant to make a Jointure on any future Marriage."

Commerell & al Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Frederick William Commerell, John Anthony Toepken, and Christian Gottlieb Moser."

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 Time and Place, and to adjourn as they please.

Gelednekt, Nat Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Christian Samuel Gelednekt."

Ordered, That the said Bill be committed to the Consideration of the same Committee.

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

D noyer, Nat Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Philip Denoyer."

Ordered, That the said Bill be committed to the Consideration of the same Committee.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, tertium diem Februarii jam prox sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Origin Son, vide p 667 b
2 Deest in Originali.