BHO

House of Lords Journal Volume 31: February 1765, 1-10

Pages 23-32

Journal of the House of Lords Volume 31, 1765-1767. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Citation:

Table of contents

Die Martis, 5o Februarii

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Duresm. Dux York. Ds. Leigh.
Epus. Litch.& Cov. Dux Gloucester. Ds. Delamer.
Epus. Cestrien. Comes Northington, Cancellarius. Ds. Craven.
Epus. Cicestrien. Dux Bedford, Prses. Ds. Cathcart.
Epus. Norvicen. Dux Somerset. Ds. Trevor.
Epus. Meneven. Dux Richmond. Ds. Ducie.
Epus. Landav. Dux Kingston. Ds. Monson.
Epus. Exon. Dux Portland. Ds. Edgecumbe.
Comes Gower, Camerarius. Ds. Sandys.
Comes Suffolk. Ds. Bruce.
Comes Denbigh. Ds. Ravensworth.
Comes Westmorland. Ds. Ponsonby.
Comes Winchilsea. Ds. Vere.
Comes Shaftesbury. Ds. Hyde.
Comes Litchfield. Ds. Lyttelton.
Comes Gainsborough. Ds. Grantham.
Comes Plimouth. Ds. Scarsdale.
Comes Sutherland. Ds. Boston.
Comes Abercorn. Ds. Lovel & Holland.
Comes Loudoun.
Comes Breadalbane.
Comes Marchmont.
Comes Hyndford.
Comes Dartmouth.
Comes Aylesford.
Comes Halifax.
Comes Macclesfield.
Comes Pomfret.
Comes Waldegrave.
Comes Harrington.
Comes Northumberland.
Viscount Weymouth.
Viscount Folkestone.
Viscount Wentworth.

PRAYERS.

Complaint of a Breach of Privilege, in arresting Lady Viscountess Dowager Townshead.

Complaint was made, That the Lady Viscountess Dowager Townshend was, on Friday the 25th Day of January last, arrested upon a Common Writ of Capias, taken out against her from the Office of the Sheriff of Middlesex, by Edmund Coombe an Attorney, at the Suit of Henry Horth and Robert Winter Painters, upon the Oath of the said Henry Horth, directed to Peter King Bailiff of the Hundred of Ossulstone, in Breach of the Privilege of Peerage.

And thereupon John Osborne, Coachman to Lady Townshend was called in, and sworn at the Bar; and, being examined in relation to the Matter of the said Complaint, gave an Account, That, on Friday the 25th of January last, he drove his Lady to Vigoe Lane, opposite the Duke of Queensberrys House; and as the Coach was there stopping, while the Footman was gone with a Message into the Dukes House, Peter King, the Sheriffs Officer, came to the Coach Door, and produced a Paper to her Ladyship (which he supposed was the Writ), but he, being upon his Box, could not hear what was said: That Henry Horth, One of the Plaintiff, was within Sight when the Officer came up to the Coach Door; and when the Footman came, his Lady ordered him to drive Home, and the Officer and the said Horth, followed the Coach to the Horse Guards, where her Ladyship stopped a little, and then they followed the Coach Home, and the Officer followed her Ladyship into the House; but Horth, stopped at the Door, but afterwards came into the Hall, and sat down. And further said, That the said Horth had threatened, a few Days before, in her Ladyships House, in Presence of her Servants, that he would arrest her, though he was at the same Time informed that she was a Peeress.

He was directed to withdraw.

Then Joseph Millington House Steward to Lady Townshend, was called in; and, being sworn and examined, gave an Account, That, when her Ladyship came Home after the Arrest, he let her in, and Horth and King the Officer were standing by my Lady when she got out of the Coach; and my Lady called to him (the Witness) and told him, she was arrested; and the Officer followed her Ladyship into the House; and Horth, by the Officers Order, came into the Hall; and Colonel Keith coming in immediately afterwards, and desiring to see the Warrant, her Ladyship sent him (the Witness) to the Officer for it, who delivered it to him, and Colonel Keith read it; and he (the Witness) asked the Officer, If he had ever arrested a Peeress before? To which he answered, He did not know whether he had or no. The said Witness further said, That the said Horth the Plaintiff was at her Ladyships House about a Fortnight before; and told him, that if my Lady did not pay him his Bill, or set some Time for it, he would arrest her, or give her Trouble.

Being asked, Whether my Lady had not given Orders to some Persons to measure the Work for her? says, That, about Six or Seven Days before the Arrest, her Ladyship had given Orders for measuring the Work; but, the Persons coming at an inconvenient Time, it was put off, so that he believes the Work was not measured till after the Arrest.

He was directed to withdraw.

Then Mr. Hugh Hamersley, Agent for Lady Townshend, was called in, and sworn; and examined, as to what Conversation passed between him and the Officer, or the Attorney, on this Occasion; and acquainted the House, That the Officer, being unwilling to leave Lady Townshends House till he was informed who was her Agent, was referred to him; and accordingly the said King the Officer came to him the next Morning, and told him, that he was the Person who arrested her Ladyship; and, producing his Warrant, applied to him for Bail for her Appearance; upon which he, (Mr. Hamersley), after apprizing him that her Ladyship; was a Peeress, asked him cautiously, If he was sure he was right; to which he made little Answer: Then he (Mr. Hamersley) tendered himself for Bail, if it might be accepted; to which the Officer said, He had no Objection, but that he must get a Bail Bond; which he (Mr. Hamersley) agreeing to execute, the Officer said, He had not one with him; but, as he was going to attend some Delinquents to the Pillory, he would call again at Six in the Evening; and accordingly he came at that Time, and took back his Warrant, which he had left with him Mr. Hamersley; and being again cautioned, he said, That he did not know that her Ladyship was a Peeress; and was then again offered Bail, but declined taking it without the Attorney, whom, he said, he would bring with him at Seven oClock ; and accordingly he returned at that Time, but without the Attorney, whom he said he could not find; and so the Business was postponed till Monday.

That on Monday Mr. Coombe the Attorney came to him, and told him, That when he took out and delivered the Warrant to the Officer, he was ignorant that a Dowager Peeress was entitled to Privilege of Peerage: He apprehended, that only such as were Peeresses in their own Right were entitled to it; but, he has been since informed, that Dowager Peeresses have Privilege: That he was extremely concerned for what had passed, and was willing to make all the Amends in his Power; and said, he no longer insisted upon Bail, nor would proceed further in the Action.

Then Mr. Hamersley produced a true Copy of the Warrant, which he had taken, and examined with the Original, which was left with him by the Officer.

And he delivered in the said Copy.

And then he was directed to withdraw.

Order to attach Horth, Coombe, and King.

Ordered, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Henry Horth, Edmund Coombe, and Peter King, for their said Offences, and keep them in safe Custody till the further Order of this House; and this shall be a sufficient Warrant in that Behalf.

To Sir Septimus Robinson Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

To extend the Time for His Majesty's Subjects to import their Effects from Places ceded to France and Spain, Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for extending the Time granted by an Act passed in the Third Year of the Reign of His present Majesty, for allowing His Majestys Subjects to import their Goods and Effects, being the Produce of certain Places ceded to France and Spain by the late Treaty of Peace, upon Payment of the same Duties, as they would have been liable to if the same Places had remained in His Majestys Possession.

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

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

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 Sixty-five.

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

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

To idemnity Persons who have not qualified for Offices, Bill.

Hodie 2a vice lecta est Billa, intituled, An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace, Deputy Lieutenants, Officers of the Militia, or others, who have omitted to register or deliver in their Qualifications within the Time limited by Law and for giving further Time for those Purposes.

Ordered, That the said Bill be committed to a Committed of the whole House.

Ordered, That the House be put into a Committee on the said Bills, To-morrow.

Strackhovens Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for naturalizing christian James Strackhoven.

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

Ld. President. L. Bp. Durham. L. Botetourt.
D. Somerset. L. Bp. Litch & Cov. L. Leigh.
D. Portland. L. Bp. Norwich. L. Delamer.
E. Suffolk. L. Bp. Exeter. L. Cathcart.
E. Denbigh. L. Ducie.
E. Winchilsea. L. Sandys.
E. Shaftesbury. L. Bruce.
E. Litchfield. L. Boston.
E. Abercorn.
E. Marchmont.
E. Aylesford.
E. Pomfret.
Vis. Weymouth.
Vis. Wentworth.

Their Lordships, or any Five of them; to meet Tomorrow, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Planell et al. Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for naturalizing John William Plauel, John James Long, Jacob Nadal, and Christopher Henry Baumer.

Ordered, That the said Bill be omitted 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.

Jagers Nat. Bill.

Hodie 3a vice lecta est Billa, intituled, An Act for naturalizing Dirk Jager of the City of London Merchant.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Edwards and Mr. Montagu: To carry down the said Bill, and desire their concurrence thereto.

Hollingworth et al. Petition referred to Judges.

Upon reading the Petition of William Hollingworth Esquire, Frederick Hollingworth Esquire, John Hollingworth Esquire, and Ann Hollingworth Spinster; praying Leave to bring in a Bill, for vesting certain Estates, devised by the Will of the Petitioners Father, in Trustees, to be sold, for raising a Sum of Money sufficient to discharge the Legacies given and bequeathed by the said Will:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Smythe and Mr. Justice Wilmot; 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.

Wilson Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Ann Wilson Widow; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

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 vetting the settled Estates of Ann Wilson Widow and Ann Wilson her Daughter in Trustees, to be sold, for discharging the Debts and Encumbrances affecting the same.

Land Tax Bill.

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

With a Bill, intituled, An Act for granting an Aid to His Majesty, by a Land Tax, to be railed in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixty-five; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Penns Petition referred to Judges.

Upon reading the Petition of Thomas Penn of Stoke Poges in the County of Bucks Esquire; praying Leave to bring in a Bill, to confirm and establish certain Articles of Agreement therein mentioned, for an Exchange of Lands, between the Petitioner, and the Matters, Brethren, and Sisters, of the Hospital of the Lord Hastings in Stoke Poges aforesaid:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Smythe and Mr. Justice Wilmot; 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.

Metcalfe to take the Name and Arms of Marwood, Leave for a Bill.

Upon reading the Petition of William Marwood Esquire, lately called William Metcalfe; praying Leave to bring in a Bill, to enable the Petitioner to take and use the Surname of Marwood only, and to use and bear the Arms of Bill. Marwood, pursuant to the Will of Jane Turner Widow, deceased:

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, sextum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Mercurii, 6o Februarii

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Duresm. Comes Northington, Cancellarius. Ds. Botetourt.
Epus. Winton. Dux Bedford. Prses. Ds. St. John Blet.
Epus. Sarum. Dux Somerset. Ds. Leigh.
Epus. Wigorn. Dux Richmond. Ds. Sandys.
Epus. Cicestrien. Dux Argyll. Ds. Grosvenor.
Epus. Bangor. Dux Manchester. Ds. Boston.
Epus. Meneven. Comes Suffolk. Ds. Holland.
Epus. Landav. Comes Sandwich.
Epus. Lincoln. Comes Shaftesbury.
Comes Eglinton.
Comes Abercorn.
Comes Breadalbane.
Comes Marchmont.
Comes Hyndford.
Comes Macclesfield.
Comes Pomfret.
Comes Northumberland.
Viscount Weymouth.
Viscount Falmouth.
Viscount Folkestone.
Viscount Spencer.
Viscount Wentworth.

PRAYERS.

Hardingstone Enclosure, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and Commonable Waste Grounds, in the Manor and Parish of Hardingstone, in the County of Bedford, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Contents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Podington Enclosure, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open Common Fields, Common Pastures, Common Meadows, Common Grounds, Lanes, and Waste Ground, within the Manors and Parish of Podington and Cotton, 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; that the Parties concerned had given their Contents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Plauel & al. Nat. Bill.

The Lord Delamer reported from the Lords Committees to whom the Bill, intituled, An Act for naturalizing John William Plauel, John James Long, Jacob Nadal and Christopher Henry Baumer, 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, an directed him to report the same to the House, without any Amendment.

Langs Nat. Bill.

The Lord Delamer also reported from the Lords Committees to whom the Bill, intituled, An Act for naturalizing Luder Lang, 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.

Account of Corn and Meal exported to be laid before the House.

Ordered, That the Commissioners of the Customs in England and Scotland respectively do lay before this House, an Account of the Quantity of the different Species of Corn and Meal exported, from Christmas 1754 to Christmas 1764, distinguishing each Year; with the Names of the Ports from whence, and the Countries whereto, exported; and the Bounty payable thereon.

To extend the Time for His Majestys Subjects to import their Effects from Places ceded to France and Spain, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, An Act for extending the Time granted by an Act passed in the Third Year of the Reign of His present Majesty, for allowing His Majestys Subjects to import their Goods and Effects, being the Produce of certain Places ceded to France and Spain by the late Treaty of Peace, upon Payment of the same Duties as they would have been liable to if the same Places had remained in His Majestys Possession.

After some Time, the House was resumed.

And the Earl of Marthmont 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 Sixty-five.

After some Time, the House was resumed.

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

To idemnify Persons who have neglected to quality for Offices, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace, Deputy Lieutenants, Officers of the Militia, or others, who have omitted to register or deliver in their Qualifications within the Time limited by Law; and for giving further Time for those Purposes.

After some Time, the House was resumed.

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

Clarehall College Cambridge, and E. Shelburnes Petition referred to Judges.

Upon reading the Petition of the Master, Fellows and Scholars, of the College of Clarehall in the University of Cambridge, and the Right Honourable William Lord Wycombe in the County of Bucks and Earl of Shelburne in the Kingdom of Ireland; praying Leave to bring in a Bill, for vesting an Estate, called Woodlands, in the Parish of Calne, in the County of Wilts, in the Petitioner the Earl of Shelburne, upon the Terms, and for the Considerations, 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. Baron Perrott; 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.

Wilsons Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for vesting the settled Estates of Ann Wilson Widow and Ann Wilson her Daughter in Trustees, to be sold, for discharging the Debts and Encumbrances affecting the same.

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

Ld. President. L. B. Durham. L. Botetourt.
D. Somerset. L. B. Sarum. L. St. John Blet.
D. Richmond. L. B. Worcester. L. Leigh.
D. Manchester. L. B. Landaff. L. Sandy.
E. Suffolk. L. Grosvenor.
E. Sandwich. L. Boston.
E. Shaftesbury. L. Holland.
E. Eglintoun.
E. Abercorn.
E. Marchmont.
E. Macclesfield.
E. Pomfret.
E. Northumberland.
V. Weymouth.
V. Falmouth.
V. Spencer.
V. Wentworth.

Their Lordships, or any Five of them; to meet on Thursday the 21st Day of this Instant April, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Land Tax Bill.

Hodie 2a vice lecta est Billa, intituled, An Act Land 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 sixty-five.

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

Ordered, That the House be put into a Committee on the said Bill, To-morrow.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, septimum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Jovis, 7o Februarii

Domini tam Spirituales quam Temporales prsentes fuerunt:

Arch. Cantuar. Comes Northington, Cancellarius. Ds. Botetourt.
Epus. Duresm. Dux Somerset. Ds. Leigh.
Epus. Winton. Dux Richmond. Ds. Delamer.
Epus. Sarum. Comes Shaftesbury. Ds. Sandy.
Epus. Litch. & Cov. Comes Abercorn. Ds. Ravensworth.
Epus. Cestrien. Comes Marchmont. Ds. Boston.
Epus. Wigorn. Comes Strafford.
Epus. Bangor. Comes Aylesford.
Epus. Meneven. Comes Halifax.
Epus. Exon. Viscount Say & Sele.
Viscount Wentworth.

PRAYERS.

Warden of New College, Oxford, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, An Act for annexing the Rectory of Colerne in the County of Wilts to the Office of Warden of the College of Saint Mary of Winchester in Oxford, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Ordered, That the said Bill be engrossed.

Strackhovens Nat. Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, An Act for naturalizing Christian James Strackhoven, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

To extend the Time for His Majestys Subjects to import their Effects from Places ceded to France and Spain, Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for extending the Time granted by an Act passed in the Third Year of the Reign of His present Majesty, for allowing His Majestys Subjects to import their Goods and Effects, being the Produce of certain Places ceded to France and Spain by the late Treaty of Peace, upon Payment of the same Duties as they would have been liable to if the same Places had remained in His Majestys Possession.

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 Sixty-five.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

To idemnify Persons who have neglected to quality for Offices, Bill:

Hodie 3a vice lecta est Billa, intituled, An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peaces, Deputy Lieutenants, Officers of the Militia, or others, who have omitted to register or deliver in their Qualifications within the Time limited by Law, and for giving further Time for those Purposes.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Podington Enclosure, Bill.

Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Common Fields, Common Meadows, Common Pastures, and Commonable Waste Grounds in the Manor and Parish of Podington, in the County of Bedford.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Hardingstone Enclosure, Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Common Fields, Common Pastures, Common Meadows, Common Grounds, Lanes, and Waste Ground, within the Manors and Parish of Hardingstone and Cotton, in the County of Northampton.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Plauel & al. Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for naturalizing John William Plauel, John James Long, Jacob Nadal, and Christopher Henry Baumer.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Langs Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for naturalizing Luder Lang.

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 Seven preceding Bill.

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

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

Metcalfe to take the Name of Marwood, Bill.

The Lord Sandys (pursuant to an Order on Tuesday last) presented to the House a Bill, intituled, An Act to enable William Marwood Esquire, lately called William Metcalfe, and his Issue, to take, use, and bear, the Surname and Arms of Marwood, pursuant to the Will of Jane Turner Widow, deceased.

The said Bill was read the First Time.

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 Sixty-five.

After some Time, the House was resumed.

And the Lord Delamer 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 prsens Parliamentum continuandum esse usque ad & in diem Veneris, octavum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 8o Februarii

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Duresm. Dux York. Ds. Botetourt.
Epus. Litch. & Cov. Dux Gloucester. Ds. Leigh.
Epus. Cestrien. Comes Northington, Cancellarius. Ds. Cathcart.
Epus. Cicestrien. Dux Somerset. Ds. Trevor.
Epus. Bangor. Dux Richmond. Ds. Masham.
Epus. Glocestr. Dux Portland. Ds. Ducie.
Epus. Meneven. Dux Bridgewater. Ds. Sandys.
Epus. Landaven. Comes Gower, Camerarius. Ds. Ravensworth.
Epus. Bristol. Comes Suffolk. Ds. Vere.
Epus. Carliol. Comes Winchilsea. Ds. Hyde.
Epus. Exon. Comes Sandwich. Ds. Mansfield.
Comes Shaftesbury. Ds. Harwich.
Comes Gainsborough. Ds. Lyttelton.
Comes Scarbrough. Ds. Grantham.
Comes Poulett. Ds. Scarsdale.
Comes Sutherland. Ds. Boston.
Comes Marchmont. Ds. Lovel & Holland.
Comes Hyndford.
Comes Dartmouth.
Comes Aylesford.
Comes Halifax.
Comes Macclesfield.
Comes Pomfret.
Comes Powis.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Falmouth.
Viscount Wentworth.
Viscount Courtenay.

PRAYERS.

Ly. Mary Herbert against E. of Powis.

The Answer of the Earl and Countess of Powis, Thomas Wylde, Robert Pardoe, Edward Herbert Esquire, and James Barker, to the Appeal of the Lady Mary Herbert, was this Day brought in.

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.

Donington Enclosures Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open Commons, Common Fields, Common Meadows and Grounds, lying in the Hamlet of Donnington, in the Parish of Stow on the Wold, in the County of Gloucester; to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Pet. of Persons in Custody for Breach of Privilege, in arresting the Viscountess Dowager Townshend.

Upon reading the Petition of Edmund Combe, Henry Horth, and Peter King, in Custody of the Gentleman Usher of the Black Rod, for a Breach of the Privilege of Peerage, in arresting the Lady Viscountess Dowager Townshend; setting forth, That the Offence committed by the Petitioners arose entirely from their Ignorance, and that they are now truly sensible of the Heinousness thereof; that the Petitioners are greatly concerned, for having deservedly incurred the Censure of this molt Honourable House; and have made their Submission to the Lady Viscountess Dowager Townshend, and are ready to make such Submission to this most Honourable House as their Lordships shall think fit; and praying, In regard their present Confinement is greatly prejudicial to them in their several Businesses, that their Lordships will be pleased to take their unhappy Case into Consideration, and order that they may be brought to their Lordships Bar, and that they may be discharged from their present Confinement:

It is Ordered, That the Petitioners be brought to the Bar of this House, on Monday next.

Blackheath, Bromley, &c, small Debts, Bill.

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

With a Bill, intituled, An Act for the more easy and speedy Recovery of small Debts, within the Hundreds of Blackheath, Bromley, and Beckenham, of Rokesly otherwise Ruxley, and of Little and Lessness, in the County of Kent; to which they desire the Concurrence of this House.

Wadhurst West Farley, &c. Roads, Bill.

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

With a Bill, intituled, An Act for repairing and widening the Road leading from the Town of Wadhurst in the County of Sussex to the Turnpike Road at Lumberhurst Pound and Pullens Hill in the County of Kent, and from the Top of Pullens Hill, through the Parishes of Horsmonden, Marden, and West Farley, to West Farley Street, in the said County of Kent ; to which they desire the Concurrence of this House.

Marine Forces, Bill.

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

With a Bill, intituled, An Act for the Regulation of His Majestys Marine Forces while on Shore ; to which they desire the Concurrence of this House.

The said Three Bills were read the First Time.

Papers relating to the African Company delivered.

The House being informed, That Mr. Clevand, from the Admiralty office, attended.

He was called in ; and delivered, at the Bar, pursuant to the Directions of an Act of Parliament, of the 23d Year of King George the Second,

1. Extract of a Letter from Captain Clevland, Commander of His Majestys Ship The Phoenix, to Mr.Stephens ; dated at Spithead, the 13th August 1764; enclosing,

2. An Account of the State and Condition of Forts, &c. on the Coast of Africa ; and,

3. Governor Barness Returns of the Garrison at Senegal, November 4th, 1763.

Copy of a Letter from Captain George Vandeput, late Commander of His Majestys Sloop The Goree, to Mr. Stephens, dated 13th September 1764; containing his Report of the State and Condition of the Fort of Senegal.

And then he was directed to withdraw.

And the Titles thereof being read by the Clerk :

Ordered, That the said Papers do lie on the Table.

Maclean against Maclean :

After hearing Counsel, upon the Petition and Appeal of John Maclean of Lochbury ; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 17th of July 1759 ; of an Interlocutor of the Lords of Session in Scotland, of the 17th of June 1761 ; of Two Interlocutors of the Lord Ordinary, of the 19th and 23d of June 1761; and of another Interlocutor of the Lords of Session of the 30th of June 1761 ; and praying, That the same might be reversed, varied, or amended; and that their Lordships would give the Appellant such Relief in the Premises as to this House should seem just : As also upon the Answer of Mary Maclean and Allan Maclean her Husband, put in to the said Appeal ; and due Consideration had of what was offered on either Side in this Cause:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said several Interlocutors 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, unto the said Respondents, the Sum of One Hundred Pounds, for their Costs in respect of the said Appeal.

Lovibond Collins & al. to sell Cary Philip Parsons Pet referred to Judges.

Upon reading the Petition of Henry Lovibond Collins, and Anthony Lovibond Esquires, and also of Edward, Lovibond Esquire, for and on the Behalf of James Lovibond and George Lovibond his Instant Sons, and also of Robert Child and Philip Parsons Esquires ; praying Leave to bring in a Bill, to vest the Freehold and Copyhold Estates late of Elizabeth Cary Widow, deceased, in the Parishes of Heston and Norw od in the County of Middlesex ;in Trustees, in Trust to sell the same to Robert Child Esquire, pursuant to an Agreement for that Purpose ; 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 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 3a vice lecta est Billa, intituled, An Act for granting an Aid to His Majesty, by a Land Tax, to be railed in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixty-five.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Strackhovens Nat. Bill.

Hodie. 3a vice lecta est Billa, intituled, An Act for naturalizing Christian James Strackboven.

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. Edwards and Mr. Montague:

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

Warden of New College, Oxford, Bill :

Hodie 3a vice lecta est Billa, intituled, An Act for annexing, the Rectory of Colerne, in the County of Wilts, to the Office of Warden of the College of Saint Mary of Winchester in Oxford.

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 the same Messengers :

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

Metcalfe to take the Name of Marwood, Bill.

Hodie 2a vice lecta est Billa, intituled, An Act to enable William Marwood Esquire (lately called William Metcalfe) and his Issue, to take, use, and bear, the Surname and Arms of Marwood, pursuant to the Will of Jane Turner Widow, deceased.

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

D. Somerset. L. B. Litch. & Cov. L. Botetourt.
D. Richmond. L. Leigh.
Ld. Chamberlain. L. B. Chester. L. Cathcart.
E. Suffolk. L. B. Bangor. L. Trevor.
E. Winchilsea. L. B. Landaff. L. Ducie.
E. Sandwich. L. Sandys.
E. Shaftesbury. L. Boston.
E. Marchmont.
E. Hyndford.
E. Dartmouth.
E. Aylesford.
E. Halifax.
E. Pomfret.
E. Powis.
V. Say & Sele.
V. Wentworth.

Their Lordships, or any Five of them ; to meet on Wednesday next, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers ; and to adjourn as they please.

French against Sir Ulick Blake & al.

The House being moved, That a Day may be appointed, for hearing the Cause wherein Robert French Esquire is Appellant, and Sir Ulick Blake Baronet and others 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.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, undecimum diem instantis Februarii, hora undecima Auro, Dominis sic decernentibus.