December 1753
DIE Lunæ, 3o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Roffen.
Epus. Cicestriens.
Epus. Lincoln.
Epus. Bangor.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Glocestr.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Dux Manchester.
Comes Northampton.
Comes Winchilsea.
Comes Lauderdale.
Comes Findlater.
Comes Pomfret.
Comes Fitzwilliam.
Comes Temple.
Comes Cornwallis. |
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Bathurst.
Ds. Onslow.
Ds. Feversham. |
PRAYERS.
Newman's Pet. referred to Judges.
Upon reading the Petition of Frances Newman and
Barbara Newman Spinsters; praying Leave to bring in
a Bill, to enable the Petitioner Frances, as Committee of
Elizabeth Kitchin their Sister, a Lunatick, with the
Consent of the Petitioner Barbara, to make, or join in
making and executing, Leases of certain Estates, in the
Counties of Northampton, Somerset, Gloucester, Dorset,
and Middlesex, during the Lunacy of the said Elizabeth:
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 Adams;
who are forthwith to summon all Parties concerned in
the Bill; and, after hearing them, are to report to the
House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties who
may be concerned in the Consequences of the Bill have
signed the Petition; and also that the Judges, having
perused the Bill, do sign the same.
Von Gehren's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for naturalizing Frederick Von Gehren."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
D. Argyll.
D. Manchester.
E. Northampton.
E. Winchilsea.
E. Lauderdale.
E. Findlater.
E. Pomfret.
E. Fitzwilliam.
E. Temple.
E. Cornwallis. |
L. Bp. Durham.
L. B. Rochester.
L. B. Chichester.
L. B. Lincoln.
L. B. Bangor.
L. B. St. Asaph.
L. B. Litch. & Cov.
L. B. Chester.
L. B. Gloucester.
L. B. St. Davids. |
L. Willoughby Par.
L. Cathcart.
L. Bathurst.
L. Onslow.
L. Feversham. |
Their Lordships, or any Five of them; to meet
on Thursday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House
of Peers; and to adjourn as they please.
Grevenkop's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for naturalizing Caspar Grevenkop."
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.
Bertrand & al. to be added to Bazin & al. Nat. Bill.
Upon reading the Petition of Charles Bertrand,
Francis Desmaretz, and Jacob Blaquiere; praying
That their Names may be inserted in the Bill now
depending in this House, for naturalizing John Isaac
Bazin, Lewis Ogier, and Peter Guinard:"
It is Ordered, That the said Petition do lie on
the Table till the said Bill be read a Second Time.
White, to enter into a Recognizance for Lettis.
The House being moved, "That Hugh White Gentleman may be permitted to enter into a Recognizance for George Lettis, on account of his Appeal
depending in this House, he living in the Country:"
It is Ordered, That the said Hugh White may
enter into a Recognizance for the said Appellant, as desired.
Ward, to enter into a Recognizance for the York Buildings Annuitants.
The House being moved, "That William Ward Gentleman may be permitted to enter into a Recognizance for the Trustees of the Annuitants of the York
Buildings Company, on account of their Appeal depending in this House:"
It is Ordered, That the said William Ward may enter
into a Recognizance for the said Appellants, as desired.
Bernard against Woodley.
After hearing Counsel further, in the Cause wherein
Roger Bernard Esquire is Appellant, and Francis Woodley
and John Dixon are Respondents:
It is Ordered, That the further Hearing of the said
Cause be adjourned till To-morrow; and that the
Judges do then attend.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
quartum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 4o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Cicestriens.
Epus. Lincoln.
Epus. Bangor.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
Dux Bedford.
Dux Argyll.
Dux Manchester.
Comes Northampton.
Comes Carlisle.
Comes Jersey.
Comes Rothes.
Comes Lauderdale.
Comes Findlater.
Comes Pomfret.
Comes Fitzwilliam. |
Ds. Willoughby Par.
Ds. Cathcart. |
PRAYERS.
Persons sworn, in order to be naturalized.
Charles Bertrand, Francis Desmaretz, and Jacob Blaquiere, were called in, and took the Oaths appointed, in
order to their Naturalization.
Bazin & al. Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
naturalizing John Isaac Bazin, Lewis Ogier, and Peter
Guinard."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
D. Bedford.
D. Argyll.
D. Manchester.
E. Northampton.
E. Carlisle.
E. Jersey.
E. Rothes.
E. Lauderdale.
E. Findlater.
E. Pomfret.
E. Fitzwilliam. |
L. Bp. Chichester.
L. B. Lincoln.
L. B. Bangor.
L. B. St. Asaph.
L. B. Litch. & Cov.
L. B. Gloucester.
L. B. St. Davids. |
L. Willoughby Par.
L. Cathcart. |
Their Lordships, or any Five of them; to meet
on Thursday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House
of Peers; and to adjourn as they please.
Ordered, That the Petition of Charles Bertrand,
Francis Desmaretz, and Jacob Blaquiere, praying that
their Names may be inserted in the said Bill, be referred
to the said Committee.
Kemp & al. Pet. referred to Judges.
Upon reading the Petition of William Kemp Gentleman, James Gray Gentleman and Elizabeth his Wife,
Francis Blomefield Surgeon and Martha his Wife, Christopher Purdon Gentleman and Jane his Wife, Sarah
Kemp Spinster, Robert Kemp the Elder Gentleman and
Mary his Wife, on Behalf of themselves and of Robert
Kemp the Younger their Son and Heir Apparent an
Infant, and of Sir William Harbord Baronet and Knight
of the Bath; praying Leave to bring in a Bill, for Sale
of certain Manors and Lands, in the County of Norfolk,
late the Estate of William Kemp Esquire, deceased, for
the Purposes therein mentioned:
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
Birch; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their
Opinion thereupon, under their Hands; and whether
all Parties who may be concerned in the Consequences
of the Bill have signed the Petition; and also that the
Judges, having perused the Bill, do sign the same.
Bernard against Woodley:
Counsel (according to Order) were called in, to be
further heard, in the Cause wherein Roger Bernard Esquire is Appellant, and Francis Woodley and John Dixon
Esquires are Respondents.
And the Second Counsel for the Respondents having
been fully heard:
And the First Counsel for the Appellant having been
heard in Reply:
The Counsel were directed to withdraw.
Question to the Judges.
Proposed, "That the Judges be directed to deliver
their Opinions upon the following Question; videlicet,
"Whether the Lands comprized in the Lease in
Question in this Cause can be sued for, and
recovered, by a Protestant Discoverer, within
the Irish Act of Parliament of the 8th Year of
Queen Anne?"
And the same being agreed to:
Ordered, That the further Consideration of this
Cause be adjourned till this Day Sevennight; and that
the Judges do then attend, to deliver their Opinions
upon the said Question.
R. Irvine against Irvine.
Ordered, That the Hearing of the Cause wherein
Alexander Ramsay Irvine of Saphock is Appellant, and
Alexander Irvine and others are Respondents, which
stands for To-morrow, be put off to Thursday next.
Davidson to enter into a Recognizance for M'kenzie.
The House being moved, "That Henry Davidson
Gentleman may be permitted to enter into a Recognizance for Sir Kenneth Mackenzie, on account of his
Appeal depending in this House; he being Abroad:"
It is Ordered, That the said Henry Davidson may
enter into a Recognizance for the said Appellant, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
sextum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 6o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Lincoln.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Dux Newcastle.
Dux Manchester.
Comes Lincoln.
Comes Northampton.
Comes Cardigan.
Comes Jersey.
Comes Findlater.
Comes Leven.
Comes Breadalbane.
Comes Pomfret. |
Ds. Cathcart.
Ds. Trevor.
Ds. Bathurst.
Ds. Anson.
Ds. Feversham. |
PRAYERS.
Von Gehren's Nat. Bill.
The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Frederick Von Gehren," 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 said Bill, and directed him to report the same to the
House, without any Amendment."
Grevenkop's Nat. Bill.
The Earl of Findlater also reported from the Lords
Committees to whom the Bill, intituled, "An Act for
naturalizing Caspar Grevenkop," 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
said Bill, and directed him to report the same to the
House, without any Amendment."
Bazin & al. Nat. Bill.
The Earl of Findlater also reported from the Lords
Committees to whom the Bill, intituled, "An Act for
naturalizing John Isaac Bazin, Lewis Ogier, and Peter
Guinard," was committed: "That they had considered the said Bill, and also the Petition to them referred; and examined the Allegations thereof, which
were found to be true; and that the Committee
had gone through the Bill, and made several Amendments thereto."
Which Amendments, being read Twice by the Clerk,
were agreed to by the House.
Military Road between Carlisle and Newcastle, Commissioners Accompts delivered.
The House being informed, "That Mr. Bigge, from
the Commissioners and Trustees appointed to put in
Execution an Act of the 24th Year of His present
Majesty, for making a Road for Troops and Carriages from Carlisle to Newcastle, attended:"
He was called in; and delivered, at the Bar,
"Copies of the Proceedings and Accompts of the
said Commissioners and Trustees, for the Counties of
Cumberland and Northumberland."
And then he was directed to withdraw.
And the Titles thereof were read by the Clerk, as
follow:
"1753.
"Copies of the several Acts and Proceedings made
by the Commissioners and Trustees, and also the Accompt of the Receipts and Disbursements of George
Pattinson Gentleman, Treasurer to and for the said
Commissioners and Trustees nominated and appointed
for putting in Execution an Act passed in the 24th
Year of the Reign of His present Majesty, intituled,
"An Act for laying out, making, and keeping in
Repair, a Road proper for the Passage of Troops and
Carriages, from the City of Carlisle, to the Town of
Newcastle upon Tyne," so far as the same relates to or
concerns that Part of the said Road which lies in the
County of Cumberland."
"1753.
"Copy of the Sixth Accompt of the Receipts and
Disbursements of John Tweddell Gentleman, Clerk
and Treasurer to and for the Commissioners and Trustees nominated and appointed for putting in Execution an Act passed in the 24th Year of His present
Majesty's Reign, intituled, "An Act for laying out,
making, and keeping in Repair, a Road proper for
the Passage of Troops and Carriages, from the City
of Carlisle, to the Town of Newcastle upon Tyne, so far
as the same relates to or concerns that Part of the said
Road which lies in the County of Northumberland."
Ordered, That the same do lie on the Table.
R Irvine against Irvine & al.
After hearing Counsel in Part, in the Cause wherein
Alexander Ramsay Irvine of Saphock is Appellant, and
Alexander Irvine and others are Respondents:
It is Ordered, That the further Hearing of the said
Cause be adjourned till To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 7o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Oxon.
Epus. Lincoln.
Epus. Glocestr.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Dux Newcastle.
Comes Cardigan.
Comes Holdernesse.
Comes Findlater.
Comes Leven.
Comes Breadalbane.
Comes Pomfret.
Comes Fitzwilliam. |
Ds. Bernard.
Ds. Cathcart.
Ds. Trevor.
Ds. Bathurst. |
PRAYERS.
Von Gehren's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
naturalizing Frederick Von Gehren."
The Question was put, "Whether this Bill
shall pass?"
It was Resolved in the Affirmative.
Grevenkop's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for naturalizing Caspar Grevenkop."
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 Two preceding Bills.
A Message was sent to the House of Commons, by
Mr. Bennet and Mr. Allen:
To acquaint them, that the Lords have agreed to the
said Bills, without any Amendment.
Bazin & al. Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for naturalizing John Isaac Bazin, Lewis Ogier, and
Peter Guinard."
The Question was put, "Whether this Bill, with
the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords agree to Amendments to it.
A Message was sent to the House of Commons, by
the same Messengers:
To carry down the said Bill, and acquaint them, that
the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.
R. Irvine against Irvine & al.
After hearing Counsel further, in the Cause wherein
Alexander Ramsay Irvine of Saphock is Appellant, and
Alexander Irvine and others are Respondents:
It is Ordered, That the further Hearing of the said
Cause be adjourned till Monday next; and that the
Counsel be called in precisely at One o'Clock.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
decimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 10o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Cicestr.
Epus. Lincoln.
Epus. Bangor.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
Dux Bedford.
Dux Argyll.
Comes Northampton.
Comes Winchilsea.
Comes Lauderdale.
Comes Findlater.
Comes Leven.
Comes Breadalbane.
Comes Oxford.
Comes Macclesfield.
Comes Bath.
Comes Fitzwilliam.
Comes Temple. |
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Bathurst. |
PRAYERS.
Lettis against Jennings.
The Answer of George Jennings Esquire, to the Appeal
of George Lettis Esquire, was brought in.
Land Tax Bill.
A Message was brought from the House of Commons,
by Mr. Charlton and others:
With a Bill, intituled, "An Act for granting an
Aid to His Majesty, by a Land Tax, to be raised in
Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-four; to which they
desire the Concurrence of this House.
Mutiny Bill.
A Message was brought from the House of Commons,
by Mr. Thomas Gore and others:
With a Bill, intituled, "An Act for punishing
Mutiny and Desertion, and for the better Payment
of the Army and their Quarters;" to which they desire the Concurrence of this House.
R. Irvine against Irvine & al.
After hearing Counsel, as well on Thursday and Friday
last as this Day, upon the amended Petition and Appeal
of Alexander Ramsay Irvine of Saphock; complaining of
Three Interlocutors of the Lords of Session in Scotland,
of the 22d of November 1751, the 26th of June 1752,
and the 2d of March 1753; and praying, "That the
same might be reversed, varied, or amended; and
that such other Relief might be given the Appellant
as to this House in their great Wisdom should seem
meet:" As also upon the Answer of Alexander Irvine,
Son of John Irvine Writer in the Chancery-office in
Edinburgh, and the said John Irvine as Administrator in
Law to his said Son, put in to the said Appeal; and
due Consideration had of what was offered on either Side
in this Cause:
Interlocutors reversed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Interlocutors of the 26th of June 1752, and the 2d
of March 1753, be, and the same are hereby, reversed:
And it is further Ordered and Adjudged, That the
Interlocutor of the 15th of November 1752, whereby the
said Lords of Session found the Reasons of Reduction
not proven, and therefore assoilzied and decerned accordingly, be, and the same is hereby, affirmed: And it
is hereby Declared, That the Objection against the said
Interlocutor of the 22d of November 1751, whereby the
said Lords of Session refused to allow a Proof of Reprobator against the Testimony of Lady Saphock, having
been waived by the Appellant's Counsel at the Bar;
and the said Interlocutor being now become immaterial;
their Lordships do not think fit to enter into the Consideration of the Merits thereof.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis,
undecimum diem instantis Decembris, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Martis, 11o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Oxon.
Epus. Lincoln.
Epus. Carliol.
Epus. Bangor.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
Dux Argyll.
March. Lothian.
Comes Northampton.
Comes Winchilsea.
Comes Jersey.
Comes Lauderdale.
Comes Findlater.
Comes Leven.
Comes Macclesfield.
Comes Pomfret.
Comes Fitzwilliam.
Comes Temple.
Comes Hertford. |
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Bathurst.
Ds. Vere. |
PRAYERS.
Land Tax Bill:
Hodie 1a 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 Fiftyfour."
Mutiny Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act
for punishing Mutiny and Desertion; and for the
better Payment of the Army and their Quarters."
Douglas against Douglas.
The House being moved, "That a Day may be
appointed, for hearing the Cause wherein William
Douglas Esquire and Thomas Belches his Trustee are
Appellants, and Isobel Douglas is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the First vacant Day,
for Causes after those already appointed.
Bernard against Woodley & al. Judges Opinion delivered;
The Order of the Day, for the Judges to deliver
their Opinions, upon the Question proposed to them on
Tuesday last, upon hearing the Cause wherein Roger
Bernard Esquire is Appellant, and Francis Woodley and
John Dixon Esquires are Respondents, being read:
The Lord Chief Justice of the Court of Common
Pleas acquainted the House, "That the Judges had
considered the said Question, and were unanimous
in their Opinion."
And then his Lordship delivered their Reasons at
large, and concluded with their Opinion; videlicet,
"That the Lands comprized in the Lease in Question in this Cause can be sued for and recovered by
a Protestant Discoverer, within the Irish Act of Parliament of the 8th Year of Queen Anne."
Whereupon the following Order and Judgement was
made:
Judgement.
"After hearing Counsel, as well on Thursday the
29th Day of November last, as on the Monday and
Tuesday following, upon the Petition and Appeal of
Roger Bernard of Palace Ann in the County of Corke
in the Kingdom of Ireland Esquire; complaining of
several Orders, or Decrees, of the Court of Exchequer
in the said Kingdom, of the 4th Day of June 1728,
the 9th and 18th Days of February 1748, and 13th
of June 1752;" and praying, "That the same might
be reversed, varied, or rectified; and that this House
would grant him such other Relief as their Lordships
in their great Wisdom should think meet and proper:"
As also upon the Answers of Francis Woodley and John
Dixon Esquires put in to the said Appeal; and hearing this Day the unanimous Opinion of the Judges
present, upon a Point of Law to them proposed; and
due Consideration had of what has been offered in
relation to this Cause: It is Ordered and Adjudged,
by the Lords Spiritual and Temporal in Parliament
assembled, That the said Petition and Appeal be,
and the same is hereby, dismissed this House; and
that the said Orders, or Decrees, therein complained
of, be, and the same are hereby, affirmed: And it is
further Ordered, That the Appellant do pay, or
cause to be paid, to the said Respondents, the Sum of
One Hundred Pounds of lawful Money of Great Britain, for their Costs in respect of the said Appeal."
Malt Bill.
A Message was brought from the House of Commons,
by Mr. Charlton and others:
With a Bill, intituled, "An Act for continuing, and
granting to His Majesty, certain Duties upon Malt,
Mum, Cyder, and Perry, for the Service of the Year
One Thousand Seven Hundred and Fifty-four;" to
which they desire the Concurrence of this House.
Nottingham to Cotes Bridges Road, Bill.
A Message was brought from the House of Commons,
by Mr. Thornbagh and others:
With a Bill, intituled, "An Act for enlarging the
Term and Powers granted by an Act of Parliament
passed in the Eleventh Year of the Reign of His present Majesty, for repairing the Road leading from the
Trent Bridge, in the County of the Town of Nottingham, through Costock otherwise Cortlingstock Lane,
to the Bridges commonly known by the Name of
Cotes Bridges, in the County of Leicester; and for
making the said Act more effectual;" to which they
desire the Concurrence of this House.
The said Two Bills were read the First Time.
Browne's Petition to receive his Appeal.
A Petition of John Browne Esquire, was presented, and
read; setting forth, "That he has been advised to appeal
from a Decree of the Court of Exchequer in Ireland;
but, living upwards of One Hundred Miles from Dublin, had no Opportunity of being informed of the
Time of the Meeting of the Parliament, till his Arrival in Dublin about the 8th of November last;
whereupon the Petitioner sent a Special Messenger
with his Papers to his Agent in England, to prepare a
Draught of an Appeal, and lay the same before Counsel; but the said Messenger did not arrive at London
till within Four Days of the Expiration of the Time
limited for receiving Appeals by the Standing Order
of this House;" and praying, "In regard the Petitioner's Agent has not been able to get his said Appeal settled and signed by Counsel till this Morning,
that the same may be received, notwithstanding the
Time limited by the said Standing Order is expired."
And thereupon the Petitioner and his Agent were
called in, and heard at the Bar.
And being withdrawn:
Ordered, That the said Appeal be received, as
desired.
Browne against Byrne alias Birmingham.
Upon reading the Petition and Appeal of John Browne
of Neal in the County of Mayo in the Kingdom of
Ireland Esquire; complaining of a Decree of the Court
of Exchequer in the said Kingdom, of the 19th of May
1753, made in a Cause wherein the Honourable Margaret Byrne otherwise Birmingham was Plaintiff, and the
Appellant Defendant; and praying, "That the same
may be reversed, or such Relief granted the Appellant in the Premises as to their Lordships in their
great Wisdom shall seem meet:"
It is Ordered, That the said Margaret Byrne
otherwise Birmingham may have a Copy of the said
Appeal; and do put in her Answer thereunto, in Writing, on or before Tuesday the 15th Day of January
next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
decimum tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 13o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. Dunelm.
Epus. Cicestr.
Epus. Lincoln.
Epus. Carliol.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
March. Lothian.
Comes Northampton.
Comes Cardigan.
Comes Holdernesse.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Pomfret.
Comes Fitzwalter.
Comes Fitzwilliam.
Comes Temple. |
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Romney.
Ds. Anson.
Ds. Vere. |
PRAYERS.
Downes against Commissioners of Victualing.
The Answer of His Majesty's Attorney General and
the Commissioners for victualing His Majesty's Navy, to
the Appeal of Edward Downes Executor of Charles
Weekes, was brought in.
Pitt's Petition referred to Judges.
Upon reading the Petition of George Pitt of Stratfieldsea in the County of Southampton Esquire, for
himself, and on the Behalf of George Pitt his only Son,
an Infant, William Augustus Pitt Esquire, Brother of the
said George Pitt, William Pitt of Kingston Marleward in
the County of Dorset Esquire, and John Pitt Esquire,
Brother of the said William Pitt; praying Leave to
bring in a Bill, for Sale of certain Lands, in the County
of Suffolk and Isle of Purbeck, to discharge Encumbrances; and for other Purposes therein mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice
Birch and Mr. Baron Adams; who are forthwith to
summon all Parties concerned in the Bill; and, after
hearing them, are to report to the House the State
of the Case, with their Opinion thereupon, under their
Hands; and whether all Parties who may be concerned
in the Consequences of the Bill have signed the Petition;
and also that the Judges having perused the Bill, do
sign the same.
Parsons Petition referred to Judges.
Upon reading the Petition of Thomas Parsons Esquire,
only Son and Heir of Thomas Parsons formerly of the
Island of Bermuda, but late of London Merchant, deceased, by Mary Parsons his Wife (formerly Mary Jones)
Daughter of Francis Jones the Younger, deceased, who
was Son and Heir of Francis Jones the Elder, of the said
Island, Merchant, the Petitioner's Great Grandfather
deceased; praying Leave to bring in a Bill, for vesting
Three Shares of Land in the Island of Bermuda, devised
to the Petitioner's Mother by her Grandfather's Will, in
the Petitioner in Fee Simple:
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;
who are forthwith to summon all Parties concerned in
the Bill; and, after hearing them, are to report to the
House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who
may be concerned in the Consequences of the Bill have
signed the Petition; and also that the Judges, having
perused the Bill, do sign the same.
Land Tax Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for granting an Aid to His Majesty, by a Land Tax,
to be raised in Great Britain, for the Service of the
Year One Thousand Seven Hundred and Fiftyfour."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Malt Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for continuing and granting to His Majesty certain
Duties upon Malt, Mum, Cyder, and Perry, for the
Service of the Year One Thousand Seven Hundred
and Fifty-four."
Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow.
Mutiny Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."
Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow.
Constables Expenses to secure, &c. Bill.
A Message was brought from the House of Commons,
by Mr. Hay and others:
With a Bill, intituled, "An Act for the better securing
to Constables and others the Expenses of conveying
Offenders to Gaol; and for allowing the Charges of
poor Persons bound to give Evidence against Felons;"
to which they desire the Concurrence of this House.
Hockliffe and Stony Stratford Road, Bill.
A Message was brought from the House of Commons,
by Mr. Kynaston and others:
With a Bill, intituled, "An Act to continue and
render more effectual an Act passed in the Thirteenth
Year of the Reign of His present Majesty, for repairing the Road between Hockliffe in the County of
Bedford, and Stony Stratford in the County of Buckingham;" to which they desire the Concurrence of
this House.
Granger to take the Name of Leman, Bill.
A Message was brought from the House of Commons,
by Mr. Hale and others:
With a Bill, intituled, "An Act to enable John
Granger Esquire and his Heirs to take and use the
Surname of Leman, and bear the Arms of Sir William
Leman, deceased;" to which they desire the Concurrence of this House.
The said Three Bills were severally read the First
Time.
Nottingham to Cotes Bridges Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for enlarging the Term and Powers granted by an
Act of Parliament passed in the Eleventh Year of the
Reign of His present Majesty, for repairing the Road
leading from the Trent Bridge, in the County of the
Town of Nottingham, through Costock otherwise Cortlingstock Lane, to the Bridges commonly known by
the Name of Cotes Bridges, in the County of Leicester;
and for making the said Act more effectual."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
M. Lothian.
E. Northampton.
E. Cardigan.
E. Holderness.
E. Lauderdale.
E. Findlater.
E. Breadalbane.
E. Pomfret.
E. Fitzwalter.
E. Fitzwilliam.
E. Temple. |
L. Abp. York.
L. Bp. Durham.
L. Bp. Chichester.
L. Bp. Lincoln.
L. Bp. Carlisle.
L. Bp. Bangor.
L. Bp. Litch. & Cov.
L. Bp. St. Davids. |
L. Willoughby Par.
L. Cathcart.
L. Romney.
L. Anson.
L. Vere. |
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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
decimum quartum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 14o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Lincoln.
Epus. Carliol.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
Dux Bedford.
Dux Manchester.
Comes Northampton.
Comes Warwick.
Comes Findlater.
Comes Macclesfield.
Comes Pomfret.
Comes Fitzwalter.
Comes Fitzwilliam. |
Ds. Willoughby Par.
Ds. Anson.
Ds. Vere. |
PRAYERS.
Nottingham to Cotes Bridges Road, Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act of
Parliament passed in the Eleventh Year of the Reign
of His present Majesty, for repairing the Road leading from the Trent Bridge, in the County of the Town
of Nottingham, through Costock otherwise Cortlingstock
Lane, to the Bridges commonly known by the Name
of Cotes Bridges, in the County of Leicester, and for
making the said Act more effectual," 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."
Hockliffe and Stony Stratford Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to continue and render more effectual an Act passed
in the Thirteenth Year of the Reign of His present
Majesty, for repairing the Road between Hockliffe in
the County of Bedford, and Stony Stratford in the
County of Buckingham."
Ordered, That the said Bill be committed to
the Consideration of the Lords following:
|
D. Bedford.
D. Manchester.
E. Northampton.
E. Warwick.
E. Findlater.
E. Macclesfield.
E. Pomfret.
E. Fitzwalter.
E. Fitzwilliam. |
L. Bp. Durham.
L. Bp. Lincoln.
L. Bp. Carlisle.
L. Bp. Litch. & Cov.
L. Bp. Gloucester.
L. Bp. St. Davids. |
L. Willoughby Par.
L. Anson.
L. Vere. |
Their Lordships, or any Five of them; to meet
on Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House
of Peers; and to adjourn as they please.
Granger to take the Name of Leman, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to enable John Granger Esquire and his Heirs to take
and use the Surname of Leman, and bear the Arms of
Sir William Leman, deceased."
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.
Constables Expenses to secure, &c. Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act
for the better securing to Constables and others the
Expenses of conveying Offenders to Gaol; and for
allowing the Charges of poor Persons bound to give
Evidence against Felons."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Monday next.
Land Tax Bill.
The House (according to Order) was adjourned
during Pleasure, and put into a Committee on the
Bill, intituled, "An Act for granting an Aid to His
Majesty, by a Land Tax, to be raised in Great Britain,
for the Service of the Year One Thousand Seven Hundred and Fifty-four."
After some Time, the House was resumed.
And the Earl of Warwick reported from the Committee, "That they had gone through the Bill,
and directed him to report the same to the House,
without any Amendment."
Malt Bill.
The House (according to Order) was adjourned
during Pleasure, and put into a Committee on the
Bill, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum,
Cyder, and Perry, for the Service of the Year One
Thousand Seven Hundred and Fifty-four."
After some Time, the House was resumed.
And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and
directed him to report the same to the House, without any Amendment."
Mutiny 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; and for the better Payment of the Army and
their Quarters."
After some Time, the House was resumed.
And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and
directed him to report the same to the House, without any Amendment."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
decimum septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 17o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. Dunelm.
Epus. Cicestr.
Epus. Lincoln.
Epus. Carliol.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
Dux Manchester.
Comes Northampton.
Comes Cardigan.
Comes Shaftesbury.
Comes Coventry.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Pomfret.
Comes Fitzwalter.
Comes Buckinghamshire.
Comes Fitzwilliam.
Comes Temple. |
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Trevor.
Ds. Anson.
Ds. Vere. |
PRAYERS.
Granger to take the Name of Leman, Bill.
The Earl of Pomfret reported from the Lords Committees to whom the Bill, intituled, "An Act to enable
John Granger Esquire and his Heirs to take and use
the Surname of Leman, and bear the Arms of Sir
William Leman, 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."
Hockliffe and Stony Stratford Road, Bill.
The Earl of Pomfret also reported from the Lords
Committees to whom the Bill, intituled, "An Act to
continue and render more effectual an Act passed in
the Thirteenth Year of the Reign of His present
Majesty, for repairing the Road between Hockliffe in
the County of Bedford, and Stony Stratford in the
County of Buckingham," 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."
Message from H. C. to return Bazin & al. Nat. Bill.
A Message was brought from the House of Commons,
by Mr. Hay and others:
To return the Bill, intituled, "An Act for naturalizing John Isaac Bazin, Lewis Ogier, and Peter Guinard;"
and to acquaint this House, that they have agreed to
their Lordships Amendments made thereto.
Peterborough and Wellingborough Road, Bill.
A Message was brought from the House of Commons,
by the Lord Carysfort and others:
With a Bill, intituled, "An Act for repairing and
widening the Road from the City of Peterborough,
through Oundle and Thrapston, to Wellingborough, in
the County of Northampton;" to which they desire
the Concurrence of this House.
The said Bill was read the First Time.
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 Fiftyfour."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Malt Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act
for continuing and granting to His Majesty certain
Duties upon Malt, Mum, Cyder, and Perry, for
the Service of the Year One Thousand Seven Hundred and Fifty-four."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Mutiny Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act
for punishing Mutiny and Desertion; and for the
better Payment of the Army and their Quarters."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Nottingham to Cotes' Bridges Road, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act
for enlarging the Term and Powers granted by
an Act of Parliament passed in the Eleventh Year
of the Reign of His present Majesty, for repairing
the Road leading from the Trent Bridge, in the
County of the Town of Nottingham, through Costock
otherwise Cortlingstock Lane, to the Bridges commonly known by the Name of Cotes Bridges, in the
County of Leicester; and for making the said Act
more effectual."
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 Four preceding Bills.
And Messages were severally ordered to be sent to
the House of Commons, by Mr. Montague and Mr.
Holford:
To acquaint them, that the Lords have agreed to
the said Four last mentioned Bills, without any Amendment.
Downes against Commissioners Victualing & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Edward
Downes, Executor of Charles Weekes, is Appellant,
and Thomas Revell Esquire and others, the late and
present Commissioners for victualing His Majesty's
Navy, and His Majesty's Attorney General, are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the First vacant Day
for Causes after those already appointed.
Constables Expenses securing, &c. Bill.
The House (according to Order) was adjourned
during Pleasure, and put into a Committee upon the
Bill, intituled, "An Act for the better securing to
Constables and others, the Expenses of conveying
Offenders to Gaol; and for allowing the Charges
of poor Persons bound to give Evidence against
Felons."
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."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
decimum octavum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 18o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. Londin.
Epus. Roffen.
Epus. Oxon.
Epus. Sarum.
Epus. Lincoln.
Epus. Carliol.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
Dux Devon.
Dux Newcastle.
Dux Manchester.
March. Lothian.
Comes Warwick.
Comes Carlisle.
Comes Shaftesbury.
Comes Lauderdale.
Comes Findlater.
Comes Leven.
Comes Breadalbane.
Comes Aberdeen.
Comes Harrington.
Comes Bath.
Comes Buckinghamshire.
Comes Fitzwilliam. |
Ds. Bernard.
Ds. Cathcart.
Ds. Trevor.
Ds. Vere. |
PRAYERS.
Gordon against His Majesty's Advocate.
A Petition of Philip Carteret Webb, Solicitor for John
Gordon Esquire, Appellant in an Appeal to which His
Majesty's Advocate for Scotland is Respondent, was
presented, and read; setting forth, "That the said
Cause stands appointed for hearing on the First Day
for Causes after the Recess;" and praying, "In regard the Petitioner cannot be prepared for the said
Hearing by that Time, that the same may be adjourned to such further Day as their Lordships shall
think proper."
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 till the First vacant Day for Causes after those
already appointed.
Fitzgerald against Pole;
The Lord Chief Justice of the Court of King's
Bench, in the usual Manner, brought up Two Writs of
Error; in one of which,
George Fitzgerald is Plaintiff,
and
Charles Pole Defendant;
and Failney against Godfrey, in Error.
And in the other,
Joseph Faikney is Plaintiff,
and
Joseph Godfrey Defendant.
Simonburn Common to enclose, Bill:
A Message was brought from the House of Commons,
by Sir Walter Blackett and others:
With a Bill, intituled, "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;" to which
they desire the Concurrence of this House.
The said Bill was read the First Time.
The King's Consent to it signified.
The Duke of Newcastle acquainted the House, "That
His Majesty, having been apprized of the Contents of
the said Bill, was pleased to consent (so far as the
Interest of the Crown is concerned) that their Lordships may proceed therein as they shall think fit."
Constables Expenses to secure, &c. Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act
for the better securing to Constables and others the
Expenses of conveying Offenders to Gaol; and for
allowing the Charges of poor Persons bound to give
Evidence against Felons."
The Question was put, "Whether this Bill
shall pass?"
It was Resolved in the Affirmative.
Granger to take the Name of Leman, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to enable John Granger Esquire and his Heirs to take
and use the Surname of Leman, and bear the Arms of
Sir William Leman, deceased."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Hockliffe and Stony Stratford Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to continue and render more effectual an Act passed
in the Thirteenth Year of the Reign of His present
Majesty, for repairing the Road between Hockliffe in
the County of Bedford, and Stony Stratford in the
County of Buckingham."
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. Montague and Mr. Lane:
To acquaint them, that the Lords have agreed to
the Three last mentioned Bills, without any Amendment.
Peterborough and Wellingborough Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for repairing and widening the Road from the City
of Peterborough, through Oundle and Thrapston, to
Wellingborough, in the County of Northampton."
Ordered, That the said Bill be committed to
the Consideration of the Lords following:
|
D. Devon.
D. Newcastle.
D. Manchester.
M. Lothian.
E. Warwick.
E. Carlisle.
E. Shaftesbury.
E. Lauderdale.
E. Findlater.
E. Leven.
E. Breadalbane.
E. Aberdeen.
E. Harrington.
E. Bath.
E. Buckinghamshire.
E. Fitzwilliam. |
L. Abp. York.
L. Bp. London.
L. Bp. Rochester.
L. Bp. Oxford.
L. Bp. Sarum.
L. Bp. Lincoln.
L. Bp. Carlisle.
L. Bp. Bangor.
L. Bp. Litch. & Cov.
L. Bp. Gloucester.
L. Bp. St. Davids. |
L. Bernard.
L. Cathcart.
L. Trevor.
L. Vere. |
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.
E. Ferrers, Petition referred to Judges.
Upon reading the Petition of Laurence Earl Ferrers;
praying Leave to bring in a Bill, for Sale of certain
settled Estates, in the Counties of Leicester, Derby,
Nottingham, and Stafford, to discharge Encumbrances
affecting the same; and to lay out the Residue or Surplus
of the Money arising by such Sale in the Purchase of
other Lands, 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 Smythe;
who are forthwith to summon all Parties concerned in
the Bill; and, after hearing them, are to report to the
House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who
may be concerned in the Consequences of the Bill have
signed the Petition; and also that the Judges, having
perused the Bill, do sign the same.
Lady Bulkeley et al.; Petition referred to Judges.
Upon reading the Petition of Emma Viscountess Dowager Bulkeley, Widow of James Lord Bulkeley Viscount
Cashel in the Kingdom of Ireland, deceased, who was
Brother and Heir of Richard late Lord Bulkeley Viscount
Cashel in the Kingdom of Ireland, deceased, on the Behalf
of Thomas James Lord Bulkeley Viscount Cashel in the
Kingdom of Ireland, an Infant her Son, Edward Williams Esquire and Jane his Wife, commonly called
Lady Bulkeley, formerly Wife of the said Richard Lord
Bulkeley; praying Leave to bring in a Bill, to enable
the cutting down of Timber on the Jointure Lands of
the Petitioner Jane Lady Bulkeley, for the Payment of
Debts, and for other Purposes therein mentioned:
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
Birch; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the
Bill have signed the Petition; and also that the Judges
having perused the Bill, do sign the same.
Forbes peremptorily to answer Maitland's Appeal.
The House was informed, "That Major Arthur Forbes
had not put in his Answer to the Appeal of Katherine
Maitland, though duly served with the Order of this
House for that Purpose."
And thereupon an Affidavit of Alexander Pierie Writer in Edinburgh, of the due Service of the said Order,
being read:
Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal, in a
Week.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
decimum nonum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 19o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Cicestr.
Epus. Sarum.
Epus. Bangor.
Epus. Asaphen.
Epus. Glocestr.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Dux Manchester.
Comes Northampton.
Comes Shaftesbury.
Comes Coventry.
Comes Lauderdale.
Comes Findlater.
Comes Leven.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Halifax.
Comes Fitzwalter.
Comes Buckinghamshire.
Comes Fitzwilliam.
Comes Powis.
Comes Temple. |
Ds. Willoughby Par.
Ds. Bernard.
Ds. Cathcart.
Ds. Cadogan.
Ds. Vere. |
PRAYERS.
Speke's Guardians, Petition referred to Judges.
Upon reading the Petition of Dame Anne Drake,
Widow and Relict and sole Executrix of the last Will
of George Speke of Dillington in the County of Somerset
Esquire, deceased, as Guardian, and on the Behalf, of
Ann Speke an Infant, her Daughter and only Child of
the said George Speke, and Sir Hutchins Williams Baronet,
and John Howe Esquire, Trustees named in the Will of
the said George Speke, for the Purposes therein mentioned; praying Leave to bring in a Bill, for vesting
certain Manors and Lands, in the Counties of Somerset
and Devon, in the Petition mentioned, in Trustees, in
Trust, to raise Money by leasing or mortgaging thereof,
for the Purposes therein mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice
Foster and Mr. Baron Smythe; who are forthwith to
summon all Parties concerned in the Bill; and, after
hearing them, are to report to the House the State
of the Case, with their Opinion thereupon, under their
Hands, and whether all Parties who may be concerned
in the Consequences of the Bill have signed the Peti
tion; and also that the Judges, having perused the Bill,
do sign the same.
Peterborough Road, Bill.
The Lord Willoughby of Parham reported from the
Lords Committees to whom the Bill, intituled, "An
Act for repairing and widening the Road from the
City of Peterborough, through Oundle and Thrapston,
to Wellingborough, in the County of Northampton," was
committed: "That they had considered the said Bill,
and examined the Allegations thereof, which were
found to be true; and that the Committee had gone
through the Bill, and directed him to report the
same to the House, without any Amendment."
Simonburn Common to enclose, Bill.
Hodie 2a vice lecta est Billa, intituled, "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."
Ordered, That the said Bill be committed to
the Consideration of the Lords following:
|
D. Argyll.
D. Manchester.
E. Northampton.
E. Shaftesbury.
E. Coventry.
E. Lauderdale.
E. Findlater.
E. Leven.
E. Breadalbane.
E. Aberdeen.
E. Marchmont.
E. Halifax.
E. Fitzwalter.
E. Buckinghamshire.
E. Fitzwilliam.
E. Powis.
E. Temple. |
L. Bp. Chichester.
L. Bp. Sarum.
L. Bp. Bangor.
L. Bp. St. Asaph.
L. Bp. Gloucester.
L. Bp. St. Davids. |
L. Willoughby Par.
L. Bernard.
L. Cathcart.
L. Cadogan.
L. Vere. |
Their Lordships, or any Five of them; to meet
on the Second Day of Meeting after the Recess
at Christmas, at Ten o'Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Kemp, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of William
Kemp 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
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."
Peterborough Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for repairing and widening the Road from the City of
Peterborough, through Oundle and Thrapston, to Wellingborough, in the County of Northampton."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by
Mr. Montague and Mr. Lane:
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 Jovis,
vicesimum diem instantis Decembris, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Jovis, 20o Decembris.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Lincoln.
Epus. Carliol.
Epus. Bangor.
Epus. Norwic.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Dux Newcastle.
March. Lothian.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Rothes.
Comes Findlater.
Comes Leven.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Oxford.
Comes Fitzwalter.
Comes Bath.
Comes Buckinghamshire.
Comes Fitzwilliam.
Comes Powis.
Comes Temple.
Viscount Falmouth. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Cavendish.
Ds. Cathcart.
Ds. Edgecumbe. |
PRAYERS.
E. Powis' Petition referred to Judges.
Upon reading the Petition of Henry Arthur Earl of
Powis and Barbara Countess of Powis his Wife; praying Leave to bring in a Bill, for Sale of an Estate at
Hendon, in the County of Middlesex, discharged from
the Uses of a former Act of Parliament, for discharging
Encumbrances; and for settling an Estate in the County
of Montgomery to the same Uses, in Lieu thereof:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of King's Bench and the Lord
Chief Baron of the Court of Exchequer; who are
forthwith to summon all Parties concerned in the Bill;
and, after hearing them, are to report to the House the
State of the Case, with their Opinion thereupon, under
their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the
Petition; and also that the Judges, having perused the
Bill, do sign the same.
Kemp's Bill.
Hodie 2a vice lecta est Billa, 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."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
D. Argyll.
D. Newcastle.
M. Lothian.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Carlisle.
E. Shaftesbury.
E. Rothes.
E. Findlater.
E. Leven.
E. Breadalbane.
E. Aberdeen.
E. Marchmont.
E. Oxford.
E. Fitzwalter.
E. Bath.
E. Buckinghamshire.
E. Fitzwilliam.
E. Powis.
E. Temple.
Viscount Falmouth. |
L. Bp. Durham.
L. Bp. Lincoln.
L. Bp. Carlisle.
L. Bp. Bangor.
L. Bp. Norwich.
L. Bp. Litch. & Cov.
L. Bp. Gloucester.
L. Bp. St. Davids. |
L. Abergavenny.
L. Delawarr.
L. Willoughby Par.
L. Cavendish.
L. Cathcart.
L. Edgecumbe. |
Their Lordships, or any Five of them; to meet
on the Second Day of Meeting after the Recess
at Christmas, at Ten o'Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Browne against Byrne:
The House being informed, "That a Person attended,
in order to deliver in certain Deeds and Copies of
Orders and Proceedings, relating to a Cause depending
in this House, wherein John Browne Esquire is Appellant, and Margaret Byrne otherwise Birmingham is
Respondent:"
Pleadings proved.
He was called in, and delivered the same at the Bar;
and attested upon Oath, "The same were true Copies,
he having examined them with the Originals in the
proper Offices in Ireland."
And then he withdrew.
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."
Who being come, with their Speaker;
He, after a short Introduction in relation to the
Money Bills to be passed, delivered the same to the
Clerk, who brought them to the Table; where the
Clerk of the Crown read the Titles of those and the
other Bills to be passed, as follow:
Bills passed.
"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-four."
"2. An Act for continuing, and granting to His
Majesty, certain Duties upon Malt, Mum, Cyder, and
Perry, for the Service of the Year One Thousand
Seven Hundred and Fifty-four."
To these Bills the Royal Assent was pronounced,
severally, 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 repeal an Act of the Twenty-sixth
Year of His Majesty's Reign, intituled, An Act to
permit Persons professing the Jewish Religion to be
naturalized by Parliament; and for other Purposes
therein mentioned."
"5. An Act for the better securing to Constables
and others the Expenses of conveying Offenders to
Gaol; and for allowing the Charges of poor Persons
bound to give Evidence against Felons."
"6. An Act for enlarging the Term and Powers
granted by an Act of Parliament passed in the Eleventh
Year of the Reign of His present Majesty, for repairing the Road leading from the Trent Bridge, in
the County of the Town of Nottingham, through
Costock otherwise Cortlingstock Lane, to the Bridges
commonly known by the Name of Cotes Bridges, in
the County of Leicester; and for making the said
Act more effectual."
"7. An Act to continue and render more effectual
an Act passed in the Thirteenth Year of the Reign of
His present Majesty, for repairing the Road between
Hockliffe in the County of Bedford, and Stony Stratford in the County of Buckingham."
"8. An Act for repairing and widening the Road
from the City of Peterborough, through Oundle and
Thrapston, to Wellingborough, in the County of Northampton."
To these Bills the Royal Assent was pronounced,
severally, in these Words; videlicet,
"Le Roy le veult."
"9. An Act to enable John Granger Esquire and his
Heirs to take and use the Surname of Leman, and to
bear the Arms of Sir William Leman, deceased."
"10. An Act for naturalizing John Isaac Bazin,
Lewis Ogier, Peter Guinard, and others."
"11. An Act for naturalizing Frederick Von Gehren."
"12. An Act for naturalizing Caspar Grevenkop."
To these Bills the Royal Affent 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.
Bp. of St. Davids to preach 30th of January.
Ordered, That the Lord Bishop of Saint Davids
be, and he is hereby, desired to preach before this
House, in the Abbey Church, Westminster, on Wednesday
the Thirtieth Day of January next.
Newman, Leave for a Bill.
After reading, and considering, the Report of the
Judges to whom was referred the Petition of Frances
and Barbara Newman; 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 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."
St. Luke, Nightly Watch, &c. Bill.
A Message was brought from the House of Commons,
by Mr. Cooke and others:
With a Bill, intituled, "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;
to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque ad et in diem Lunæ, decimum
quartum diem Januarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.