House of Lords Journal Volume 31: February 1765, 11-20

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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'House of Lords Journal Volume 31: February 1765, 11-20', in Journal of the House of Lords Volume 31, 1765-1767, (London, 1767-1830) pp. 32-45. British History Online https://www.british-history.ac.uk/lords-jrnl/vol31/pp32-45 [accessed 17 March 2024]

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In this section

Die Lun, 11o Februarii

REX.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Londin. Dux York.
Epus. Duresm. Dux Gloucester. Ds. Botetourt.
Epus. Litch. & Cov. Comes Northington, Cancellarius. Ds. Leigh.
Epus. Cestrien. Ds. Berkeley Str.
Ds. Delamer.
Epus. Wigorn.
Epus. Cicestrien. Dux Somerset. Ds. Craven.
Epus. Meneven. Dux Richmond. Ds. Cathcart.
Epus. Landaven. Dux Ancaster, Magnus Camerarius. Ds. Trevor.
Epus. Lincoln. Ds. Masham.
Epus. Carliol. Dux Kingston. Ds. Ducie.
Epus. Exon. Dux Portland. Ds. Sandys.
Epus. Petriburg. Dux Bridgewater. Ds. Fortescue.
Comes Gower, Camerarius. Ds. Ponsonby.
Ds. Hyde.
Ds. Harwich.
Comes Huntingdon. Ds. Sondes.
Comes Suffolk. Ds. Scarsdale.
Comes Westmorland. Ds. Boston.
Comes Winchelsea. Ds. Lovel & Holland.
Comes Sandwich. Ds. Holland.
Comes Litchfield.
Comes Plimouth.
Comes Scarborough.
Comes Coventry.
Comes Poulett.
Comes Sutherland.
Comes Morton.
Comes Abercorn.
Comes Loudoun.
Comes Breadalbane.
Comes Marchmont.
Comes Hyndford.
Comes Bute.
Comes Oxford.
Comes Dartmouth.
Comes Aylesford.
Comes Halifax.
Comes Pomfret.
Comes Powis.
Comes Northumbland.
Comes Guilford.
Comes Hardwicke.
Comes Delawar.
Viscount Townshend.
Viscount Weymouth.
Viscount Falmouth.
Viscount Wentworth.
Viscount Dudley & Ward.
Viscount Courtnay.

PRAYERS.

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); commanded the Gentleman Usher of the Black Rod to let the Commons know, It is His Majestys 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 them to the Clerk; who brought them to the Table; where the Deputy Clerk of the Crown read the Titles of those, and the other Bills to be passed, severally, as follow; videlicet,

Bills passed.

1. An Act for continuing, and granting to His Majesty, certain Duties on Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Sixty-five.

2. 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.

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

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

3. 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.

4. 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.

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words:

Le Roy le veult.

5. 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 Podington, in the County of Bedford.

6. 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.

7. An Act for naturalizing John William Plauel, John James Long, Jacob Nadal, and Christopher Henry Baumer.

8. An Act for naturalizing Luder Lang.

9. An Act for naturalizing Christian James Strackhoven.

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

Soit fait comme il est desir.

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

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Nedham & al. Petition referred to Judges.

Upon reading the Petition of George Nedham Esquire, Eldest Son and Heir of Robert Nedham of Newry in the County of Down and Kingdom of Ireland, but late residing at Beckingham in the County of Kent, Esquire, deceased, and William Nedham Younger Son of the said Robert Nedham, and Catherine Nedham Widow, Relict and Executrix of the said Robert Nedham; praying Leave to bring in a Bill, for Sale of certain Manors, Lands, and Hereditaments therein mentioned, in the Kingdom of Ireland; and for exonerating the said Lands and Premises from the several Annuities affecting the same; 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 Justice of the Court of Common Pleas 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.

Act Mutiny Bill.

Hodie 2a vice lecta est Billa, intituled, An 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.

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

Marine Forces, Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for the Regulation of His Majestys Marine Forces while on Shore.

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, on Wednesday next.

Donnington, Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Commons, Common Fields, Meadows, and Grounds, lying in the Hamlet of Donnington, in the Parish of Stow on the Wold, in the County of Gloucester.

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

D. Somerset. L. B. London. L. Botetourt.
D. Richmond. L. B. Litch. & Cov. L. Leigh.
D. Portland. L. Delamer.
Ld. Chamberlain. L. B. Landaff. L. Cathcart.
E. Westmorland. L. B. Lincoln. L. Sandys.
E. Winchelsea. L. B. Exeter. L. Hyde.
E. Sandwich. L. Scarsdale.
E. Litchfield. L. Boston.
E. Scarbrough.
E. Poulett.
E. Abercorn.
E. Marchmont.
E. Pomfret.
E. Powis.

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.

Causes put off.

Ordered, That the Cause which stands appointed for hearing this Day be put off till Wednesday next; and that the other Causes be removed in Course.

Blackheath, &c. small Debts, Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for the more easy and speedy Recovery of small Debts within the Hundreds of Blackheath, of Bromley, and Beckenham, of Rokesley otherwise Ruxley, and of Little and of Lessness, in the County of Kent.

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.

Respondent peremptouly to answer the Appeal of Dr. Wishart & al.

The House was informed, That the Provost, Magistrates, and Town-Council of Edinburgh, Respondents to the Appeal of George Wishart Doctor in Divinity and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose.

And thereupon an Affidavit of James Edmondstone Writer in Edinburgh, of the due Service of the said Order, being read:

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

Persons in Custody for Breach of Privilege, in arresting Ly. Townshend, brought to the Bar:

The Order of the Day was read, for bringing Henry Horth, Edmund Combe, 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 Tewnshend, to the Bar of this House.

After a short Debate, as to the Method of Proceeding; it was agreed, that they should be brought to the Bar separately, and heard what they had to offer in Mitigation of their Offence.

And thereupon Henry Horth the Plaintiff was called in, and asked what he had to offer in Mitigation of his Offence; and alleged, That he applied to Mr. Combe Attorney at Law, for his Advice to recover a Debt due to him and his Partner; and that Mr. Combe advised the taking out a Writ in the Kings Bench, to arrest her Ladyship; that he desired Mr. Combe to take Care that the Proceeding was legal and right; to which Mr. Combe answered, You have nothing to do with that; only attend my Clerk to the Office, to swear to the Debt, and I will send an Officer to you: That, after the Arrest, upon her Ladyships informing him and the Officer of her Privilege, they went to Mr. Combe the Attorney, and blamed him as the Cause of their having done wrong. To which he replied, That her Ladyship had no more Privilege than they had; and ordered the Officer to meet her Ladyships Attorney, and take a Bail-bond; but they declined proceeding any further in the Matter.

Being told, That Proof had been made, by Two Persons, upon Oath, at the Bar of this House, that, some Days before the Arrest, he had threatened, in Lady Townshends House, in Presence of her Servants, that, if her Ladyship did not pay his Bill, he would arrest her, though he was at the same Time told she was a Peeress; and being asked whether he did say so; says, He did say Words to that Effect.

Being asked, Whether he has any Witness to prove Mr. Combes advising him to arrest her Ladyship, and telling him she had no Privilege, or any Letter or Writing from Mr. Combe to that Purpose? says, He has not; when he was with Mr. Combe at his Chambers, nobody else was present; but Mr. Combe has told his Partner so.

Being asked, Whether his Partner is Co-Plaintiff in the Action? says He is.

He is ordered to be taken from the Bar.

Then Peter King, the Officer, was brought to the Bar; and owned, He had the Misfortune of being employed to arrest the Lady Townshend, at the Suit of Henry Horth and Robert Winter, in virtue of a Warrant from the Sheriff of Middlesex, directed to him for that Purpose: That, her Ladyship having informed him of her Privilege as a Peeress, he went, in Company with the Plaintiff Horth, to Mr. Combe (who sued out the Writ), and acquainted him with it; and that Mr. Combe said, He was positive her Ladyship was no way entitled to Privilege; and ordered him to go and take a Bail-bond for her Appearance to the Writ: That he afterwards waited on Mr. Hamersley, her Ladyships Agent; who desired him to acquaint Mr. Combe, that her Ladyship was entitled to Privilege; which he accordingly did: Notwithstanding which, Mr. Combe insisted that her Ladyship had not the least Title to any Kind of Privilege; and required him to take a Bail-bond; which he declined doing, though her Ladyships Agent had offered to give such Bond.

He was ordered to be taken from the Bar.

And Edmund Combe was brought to the Bar; and asked, How he came to take out a Writ for arresting the Lady Townshend? and whether he did not know that she was a Peeress, and entitled to Privilege of Peerage? says, He did not know that she was entitled to Privilege; he knows that Peers are entitled to Privilege; but did not know that Peeresses were.

Being asked, How long he has been a practising Attorney in the Kings Bench? says, Thirty Years.

Being asked, Whether he did not insist upon the Officers taking a Bail-bond for her Ladyships Appearance? says, He did direct a Bail-bond to be taken; but docs not remember that he insisted the Officer should take Bail: No Bail-bond was taken.

And then, expressing his great Sorrow for his Offence; and humbly begging Pardon for the same; and promising never to offend again in the like Manner:

He was ordered to be taken from the Bar.

Horth, Combe, and King, reprimanded, and discharged, paying Fees.

Then it was moved, That they be all Three brought again to the Bar, and reprimanded by the Lord Chancellor for their Offences; and that the said Henry Horth and Edmund Combe be discharged out of Custody, paying their respective Fees, as also the Fees of the said Peter King, who was employed by them to execute the Process; and that the said Peter King be also discharged out of Custody.

Which being agreed to:

They were again brought to the Bar; where they (upon their Knees) receiving a severe Reprimand by the Lord Chancellor, the said Henry Horth and Edmund Combe were discharged out of Custody, paying their respective Fees, as also the Fees of the said Peter King, who was employed by them to execute the Process; and the said Peter King was also discharged out of Custody.

Report of Committee appointed to consider the Causes of the Dearness of Provisions, &c. and Leave given to bring in a Bill thereon.

The Earl of Abercorn reported from the Lords Committees appointed to consider of the Causes of the present Dearness of Provisions, and of the proper Remedies for the same; and to report their Opinion thereupon, from Time to Time, to the House: That the Committee have come to a Resolution, That it is their Opinion, that a Bill be brought in, for making effectual so much of an Act made in the Fifth Year of Queen Ann, intituled, An Act for continuing the Laws therein mentioned, relating to the Poor, and to the buying and selling of Cattle in Smithfield, and for suppressing of Piracy, as relates to the selling of Sheep and Lambs, dead, by one Butcher to another.

Which Report was read by the Clerk.

And the said Resolution being read a Second Time:

It was moved, That the same be re-committed.

Which being objected to:

After Debate;

The Question was put, Whether the said Resolution shall be re-committed?

It was Resolved in the Negative.

Ordered, That this House doth agree with the Committee in the said Resolution.

Ordered, That Leave be given to bring in a Bill, pursuant thereto.

Ordered, That all the Lords who shall be present this Session, and who are not named of the Committee appointed to consider of the Causes of the present Dearness of Provisions, and of the proper Remedies for the same, be added to the said Committee.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad & in diem Martis, duodecimum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Martis, 12o Februarii

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Bath. & Wells. Comes Northington, Cancellarius. Ds. Leigh.
Epus. Litch. & Cov.
Epus. Lincoln. Dux Somerset. Ds. Delamer.
Epus. Petriburg. Dux Portland. Ds. Craven.
Dux Bridgewater. Ds. Cathcart.
Ds. Sandys.
Comes Shaftesbury. Ds. Hyde.
Comes Litchfield. Ds. Ravensworth.
Comes Abercorn. Ds. Lovel & Holland.
Comes Marchmont.
Comes Aylesford.
Comes Oxford.

PRAYERS.

Crowe & Ux. Petition referred to Judges.

Upon reading the Petition of Christopher Crowe Esquire and Barbara his Wife, George Crowe Esquire on Behalf of himself and as Guardian of Robert Crowe, George Crowe, and Barbara Crowe, his Infant Children, and of Roger Henry Gale Esquire and Catherine his Wife on Behalf of themselves, and as the said Roger Henry Gale is the Guardian of Henry Gale, Samuel Gale, Christopher Gale, Hariot Gale, and Catherine Gale, their Infant Children; praying Leave to bring in a Bill, for vesting the Manor or Farm in Tunstall, and other Lands therein mentioned, in the County of York, in the Petitioner Christopher Crowe and his Heirs, discharged from the Uses to which the same do now respectively stand limited; and for settling other Lands in the same County, of greater Value, 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 Common Pleas 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.

Knowsley & Ux. Petition referred to Judges.

Upon reading the Petition of the Reverend John Knowsley Clerk and Elizabeth his Wife, on Behalf of themselves, and of Elizabeth Knowsley, Margaret Hannah Knowsley, and Henrietta Knowsley, their Infant Children; praying Leave to bring in a Bill, for vesting the settled Estate of the Petitioners in Trustees, pursuant to Articles of Agreement therein mentioned; and for laying out the Money thereby stipulated to be paid in the Purchase of other Lands, to be charged and settled in Manner therein to be specified:

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. (fn. 1) Justice 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.

D. Newcastle & al Petition referred to Judges.

Upon reading the Petition of Thomas Holles Duke of Newcastle, Henry Earl of Lincoln on Behalf of himself and his Three Infant Sons by Catherine Countess or Lincoln deceased, who Was the Eldest Daughter of the Right Honourable Henry Pelham deceased, Margaret Cavendish Dutchess Dowager of Portland, and William Henry Cavendish Duke of Portland, and of Robert Harley Esquire, and James West Esquire; praying Leave to bring in a Bill, for confirming and establishing an Exchange, agreed to be made, between the Petitioners the Duke of Newcastle and the Dutchess of Portland, of certain Parts of their settled Estates in the County of Nottingham; and for settling the Lands given in Exchange to each Party to such Uses as the Lands for which the same are exchanged stand settled:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. 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.

Walter and Tyers, Petition referred to Judges.

Upon reading the Petition of Edward Walter Esquire and Jonathan Tyers Esquire; praying Leave to bring in a Bill, to exchange certain Lands at Dorking, in the County of Surrey, for other Lauds in the same Parish and County, comprised in the Marriage Settlement of Charles Howard Esquire:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Adams 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.

Price, Leave for a Bill to take the Name and Arms of Fountaine:

Upon reading the Petition of Brigg Price of Narford in the County of Norfolk Esquire, praying Leave to bring in a Bill, to enable him and his issue to take and use the Surname of Fountaine, and to bear the Arms of Sir Andrew Fountaine Knight, deceased:

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

Bill read.

Whereupon the Lord Sandys presented to the House a Bill, intituled, An Act to enable Brigg Price Esquire and his Issue to take and use the Surname of Fountaine, and to bear the Arms of Sir Andrew Fountaine Knight, deceased.

The said Bill was read the First Time.

Bressan, Leave for a Bill to exemplify the late L. Balumores Will.

Upon reading the Petition of Charles Bressan and Augustus Bressan Esquires; praying Leave to bring in a Bill, to exemplify the Will of Charles late Lord Baltimore in the Kingdom of Ireland under the Great Seal of Great Britain, and to make such Exemplification Evidence in all Courts of Law and Equity in Great Britain and Ireland:

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

Chippenham &c. [...] Debts, Bill.

A Message was brought from the House of Commons, by Sir Robert Long and others:

With a Bill, intituled, An Act for the more easy and speedy Recovery of small Debts within the Hundreds of Chippenham, Calne, and Damerham North, and Lordship or Liberty of Corsham, in the County of Wilts; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Report of Commissioners of the annexed forfeited Estates in Scotland delivered.

The House being informed; That Mr. Rowe, from the Treasury, attended:

He was called in; and delivered, at the Bar,

1764:
Report of the Commissioners and Trustees for managing the annexed forfeited Estates in Scotland, to the Lords Commissioners of His Majestys Treasury, which, by an Act of the 25th Year of His late Majestys Reign, is directed to be laid before both Houses of Parliament.

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

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

Whale Fishery, Scotland, Accounts delivered.

The House being informed, That the said Mr. Rowe, from the Commissioners of the Customs in Scotland, attended:

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

An Account of what Number of Ships from Scotland have been employed in the Whale Fishery to Daviss Streights and The Greenland Seas; with their respective Names and Burdens, from whence sitted out, and at what Port they were discharged; and also what Quantity of Whale Fins and Oil each Ship has imported, from the 10th of October 1763, to the 10th of October 1764.

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

Ordered, That the said Account do he on the Table.

Accompt of the Duties of Excise on Two Penny Ale, &c. in Edinburgh.

The House being also informed, That the said Mr. Rowe attended, from the Commissioners of Excise in Scotland:

He was called in; and delivered, at the Bar, pursuant to an Address of this House to His Majesty on the 13th of March last,

An Accompt of the Duties of Excise that arose within the Three Years, ending at Midsummer 1724, 1743, and 1761, in the City of Edinburgh, and Liberties thereof, on Two Penny Ale and other Malt Liquors; distinguishing each Sort.

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

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

Wadhurst, West Farley, &c. Roads, Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for repairing and widening the Road leading from the Town of Wadhurst in the County of Sussex, and to the Turnpike Road at Lamberhurst Pound and Pullens Hill in the County of Kent; and from the Top of Pullens Hill, through the Parishes of Horsmonden, Marden, Yalden, and West Farley, to West Farley Street, in the said County of Kent.

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

D. Somerset. L d. Bp. Batb & Wells. L d. Leigh.
D. Bridgewater.
L. Delamer.
E. Shaftesbury. Ld. Bp. Litch. & Cov. L. Cathcart.
E. Litchfield. L. Sandys.
E. Abercorn. L. Bp. Lincoln. L. Ravensworth.
E. Marchmont. L. Bp. Peterborough. L. Lovel & Holland.
E. Aylesford.
E. Oxford.

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum tertium diem instantis Februarii, hora undecima Auroras, Dominis sic decernentibus.

Die Mercurii, 13o Februarii

Domini tam Spirituales quam Temporales prsentes fuerunt:

Arch. Cantuar. Comes Northington, Cancellarius. Ds. Botetourt.
Epus. Duresm. Ds. Clifton.
Epus. Elien. Dux Somerset.
Epus. Bath, & Wells. Dux Richmond. Ds. Delamer.
Epus. Sarum. Dux Argyll. Ds. Ducie.
Epus. Cestrien. Dux Manchester. Ds. Sandys.
Epus. Glocestr. Ds. Mansfield.
Epus. Landav. Comes Suffolk. Ds. Lyttelton.
Epus. Exon. Comes Winchilsea. Ds. Sondes.
Epus. Petriburg. Comes Sandwich. Ds. Grantham.
Comes Litchfield. Ds. Boston.
Comes Sutherland. Ds. Lovel & Holland.
Comes Poulett.
Comes Abercorn.
Comes Pomfret.
Comes Kerr.
Comes Powis.

PRAYERS.

To prohibit the Exportation of Corn, &c. for a limited Time, Bill.

A Message was brought from the House of Commons, by Sir Robert Ladbroke and others:

With a Bill, intituled, An Act to prohibit the Exportation of Wheat, Wheaten Meal, Flour, Bread, Biscuit, and Starch, from Great Britain and Ireland, for a limited Time; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Donington Enclosure, Bill.

The Lord Delamer reported from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open Commons, Common Fields, Meadows, and Grounds, lying in the Hamlet of Donnington, in the Parish of Stow in the Wold, in the County of Gloucester, 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.

Blackheath, &c small Debts, Bill.

The Lord Sandys reported from the Lords Committees to Whom the Bill, intituled, An Act for the more easy and speedy Recovery of small Debts within the Hundreds of Blackheath, of Bromley and Beckenham, of Rokesly otherwise Ruxley, and of Little and Lessness, in the County of Kent, 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.

Sir W. Dunbar &c al. against Brodie & al.

After hearing Counsel in Part, in the Cause wherein Sir William Dunbar Baronet and others are Appellants, and Alexander Brodie and others are Respondents:

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

Nixon, Leave for a Bill of Divorce:

Upon reading the Petition of John Nixon of the City of Dublin Merchant; praying Leave to bring in a Bill, to dissolve his Marriage with Hester Spencer his now Wife; and to enable him to marry again; and for other Purposes therein mentioned:

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

Bill read.

Accordingly, the Earl of Marchmont presented to the House a Bill, intituled, An Act to dissolve the Marriage of John Nixon with Hester Spencer his now Wife; and to enable him to marry again; and for other Purposes therein mentioned.

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time upon Thursday the 28th Day of this Instant February; and that Notice thereof be fixed on the Doors of this House, and the Lords to be summoned; and that the said John Nixon may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Hester Spencer may have a Copy of the said Bill; and that Notice be given her of the said Second Reading; and that the be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at the same Time.

Taylor & al. Petiztion referred to Judges.

Upon reading the Petition of Elizabeth Taylor, Widow and Relict of Robert Taylor Doctor of Physick, de ceased, and One of the Testamentary Guardians of Elizabeth Taylor her Infant Daughter, and of Richard Heron Esquire; praying Leave to bring in a Bill, for Sale of a new-erected Mansion-house, and certain Copyhold Lands and Hereditaments, at Winthorpe in the County of Nottingham, to Roger Pocklington Esquire; and for laying out the Money arising thereby in the Purchase of other Lands, to be settled to the same Uses as the said Premises do now stand respectively limited:

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.

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on 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 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.

Marine Forces, Bill.

The House also (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, An Act for the better Regulation of His Majestys Marine Forces while on Shore.

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.

L. C Justices Information of a Bill of Indictment brought into the Court of King s Bench, against L Byron, for Murder.

The Lord Mansfield, Lord Chief Justice of the Court of Kings Bench, informed the House, That Yesterday the Grand Jury of the County of Middlesex brought in to the Court of Kings Bench a Bill of Indictment, against: William Lord Byron, for the Murder of William Chaworth Esquire; and that, upon a Certificate of One of the Clerks of the Crown Office, his Lordship did this Day issue his Warrant for apprehending the said William Lord Byron.

And then his Lordship delivered in a Copy of the said Bill of Indictment, and also a Copy of the said Warrant.

And the same were read by the Clerk.

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

Adjourn.

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

Die Jovis, 14o Februarii

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Duresm. Comes Northington, Cancellarius. Ds. Botctourt.
Epus. Eliens.
Epus. Glocestr. Dux Bedford, Prses. Ds. Leigh.
Epus. Meneven. Ds. Delamer.
Epus. Landav. Dux Somerset. Ds. Cathcart.
Epus. Petriburg. Dux Richmond. Ds. Sandys.
Dux Bridgewater. Ds. Ravensworth.
Ds. Hyde.
Comes Winchilsea. Ds. Lyttelton.
Comes Scarbrough. Ds. Scarsdale.
Comes Poulett. Ds. Boston.
Comes Sutherland. Ds. Lovel & Holland.
Comes Abercorn.
Comes Marchmont.
Comes Aylesford.
Comes Oxford.
Comes Northumbland.
Viscount Weymouth.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Fowlers Guardian, Petition referred to Judges.

Upon reading the Petition of John Joliffe Tuffnell Esquire, Guardian appointed by the High Court of Chancery of Fanny Fowler Spinster, an Infant, and of the said Fanny Fowler and Sir Brook Bridges Baronet; praying Leave to bring in a Bill, to enable the said Fanny Fowler, notwithstanding her Infancy, to convey, settle, and assure, all her Real and Personal Estate, mentioned in the Masters Report confirmed by the Court of Chancery, to the several Uses, and upon the Trusts, in the said Report mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive and Mr. Justice Bathurst; 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.

Dolman & al. Petition referred to Judges.

Upon reading the Petition of Robert Dolman the Younger of the City of Lincoln Doctor in Physick and Peggy his Wife, Robert Dolman the Elder of Pocklington in the County of York Esquire and Ann his Wife, and William Dolman, Ann Dolman, and Catherine Dolman, the Three Younger Children of the said Robert Dolman the Elder and Ann his Wife; praying Leave to bring in a Bill, for Sale of certain Estates, devised by the Will of Robert Dolman late of Pocklington in the County of York Esquire, deceased, for discharging the Debts and Encumbrances affecting the same; 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 Gould; 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.

Wrigglesworth & al. Petition referred to Judges.

Upon reading the Petition of Nicholas Wrigglesworth of Louth in the County of Lincoln Apothecary and Elizabeth his Wife, One of the Daughters and Co-heirs of Edward Ayscough Esquire deceased, by Elizabeth his late Wife also deceased, Bentley Bennett of Keddington in the said County of Lincoln Gentleman and Martha his Wife, Thomas Beaumont of Chappel Thorpe in the County of York Esquire and Ann his Wife, and William Floyer of Louth aforesaid Gentleman and Frances his Wife; praying Leave to bring in a Bill, for making a Partition and Division of certain Estates therein mentioned, in the Counties of Lincoln and York, amongst the Petitioners, in Proportion to their undivided Parts and Shares therein:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive 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 perussed the Bill, do sign the same.

Sir W. Dunbar & al. against Blodie & al.

After hearing Counsel further, in the Cause wherein Sir William Dunbar Baronet and others are Appellants, and Alexander Brodie and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow, and that the Cause which stands appointed for Hearing To-morrow be put off to Monday next; and that the other Causes be removed in Course.

Metcalfs to take the Name of Marwood, Bill.

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

Ordered, That the said Bill be engrossed.

Wadhurst, West Farley, &c. Bill.

The Lord Sandys also reported from the Lords Committees to whom the 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 Lamberhurst Pound and Pullens Hill in the County of Kent, and from the Top of Pullens Hill, through the Parishes of Horsmonden, Marien, Yalden, and West Farley, to West Farley Street in the said County of Kent, 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 direxted him to report the same to the House, without any Amendment.

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.

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

A Message was sent to the House of Commons, by Mr. Browning and Mr. Anguish:

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

Westcote Enclosure, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing certain Open and Common Fields, Common Pastures, Common Meadows, and Commonable Waste Grounds, in the Manor, Hamlet, and Tything, of Westcote, in the Parish of Waddesdon, in the County of Bucks; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Fuhrer & Labyttes Nat. Bill.

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

With a Bill, intituled, An Act for naturalizing Andrew Fuhrer and Ren Labutt; to which they desire the Concurrence of this House.

Marine Forces, Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for the Regulation of His Majestys Marine Forces while on Shore.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Blackheath &c small Debts, Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for the more easy and speedy Recovery of small Debts within the Hundreds of Blackheath, of Bromley and Beckenham, of Rokesly otherwise Ruxley, and of Little and Leffnefs, in the County of Kent

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Donnington Enclosure, Bills

Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Commons, Common Fields, Meadows, and Grounds, lying in the Hamlet of Donnington, in the Parish of Stow in the Wold, in the County of Gloucester,

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.

And Messages were severally ordered to be sent to the House of Commons, by the former Messengers:

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

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad & in diem Veperis, decimum quintum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 15o Februarii

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Meneven. Comes Northington, Cancellarius. Ds. Botetourt.
Epus. Exon.
Epus. Petriburg. Dux Bedford, Prses. Ds. St. John Blet.
Ds. Clifton.
Dux Somerset. Ds. Leigh.
Dux Richmond. Ds. Berkeley Str.
Dux Argyll. Ds. Delamer.
Dux Portland. Ds. Cathcart.
Dux Bridgewater. Ds. Trevor.
Ds. Ducie.
Comes Gower, Camerarius. Ds. Edgecumbe.
Ds. Sandys.
Comes Sandwich. Ds. Ravensworth.
Comes Shaftesbury. Ds. Hyde.
Comes Gainsborough. Ds. Lyttelton.
Comes Abercorn. Ds. Boston.
Comes Marchmont. Ds. Lovel & Holland.
Comes Aylesford. Ds. Holland.
Comes Halifox.
Comes Pomfret.
Comes Guilford.
Viscount Say & Sele.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Dr. Wishart & al. against the Magistrates of Edinburgh.

The Answer of the Lord Provost, Magistrates, and Town Council, of the City of Edinburgh, to the Appeal of Doctor George Wishart and others, was this Day brought in.

Awbrey, Leave for a Bill to take the Name and Anna of Cole.

Upon reading the Petition of Judith Awbrey and Arabella Awbrey, Spinsters; praying Leave to bring in a Bill, to enable them to take, use, and bear, the Surname and Arms of Cole, pursuant to the Will of Charles Cole Esquire, deceased:

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

Wychee Petition referred to Judges.

Upon reading the Petition of Elizabeth Wyche, on Behalf of herself and her Two Infant Children; praying Leave to bring in a Bill, for Sale of an Estate at Goadby, in the County of Leicestet, pursuant to an Agreement therein mentioned; and for laying out and applying the Purchase-money for the Benefit of the Petitioner and her Children, according to their respective Rights and Interests therein:

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 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.

Leechs Petition referred to Judges.

Upon reading the Petition of John Leech Gentleman and Mary his Wife, on Behalf of themselves and their Infant Children; praying Leave to bring in a Bill, for vesting the Petitioners settled Estate, in the County of Essex, in him and his Heirs; and for settling another Estate, in the County of Surrey, of greater Value, to the same Uses:

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

Finch & al. Petition referred to Judges.

Upon reading the Petition of Gascoyne Finch Esquire, Mary Finch, Jane Finch, and Charlotte Finch, Spinsters; praying Leave to bring in a Bill, to divest the legal, Estate of and in certain Premises, comprised in a Trust Deed therein mentioned, out of the Heirs or other legal Representatives of Edmund Neclcr, the surviving Trustee, deceased; and to vest the same in some other new Trustee or Trustees, upon so many of the Trusts declared by the said Trust Deed as are now subsisting, and remain to be performed:

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

Bristow & al. Petition referred to Judges.

Upon reading the Petition of John Brislow of Quidenham in the County of Norfolk and Ann Judith his Wife, and also of George Wilson and Mary his Wife; praying Leave to bring in a Bill, for Sale of certain settled Estates, in the Parishes of Quidenbam and Old Buckenham, in the County of Norfolk, and for applying the Money arising thereby in the Purchase of other Lands and Hereditaments, to be settled to the same Uses:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. (fn. 2) Justice Smythe 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.

Sir W. Dunbar & al. again It Blodie & al.

After hearing Counsel, as well on Wednesday last as Yesterday and this Day, upon the Petition and Appeal, of Sir William Dunbar of Durn Baronet, Sir Alexander Grant of Dalvey Baronet, Captain Duncan Urquhart of Birdsyeards, and Alexander Tulloch of Tannachie; complaining of several Interlocutors of the Lords of Session in Scotland, of the 14th of February 1760, the 24th of June and 29th of July 1761, and of the 5th and 12th of January 1762; and praying, That the same might be reversed, or that the Appellants might have such Relief in the Premises as to this House in their Lordships great Wisdom should seem meet: As also upon the Answer of Alexander Brodie of Lethen put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

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.

Metcalf to take the Name of Marwood, Bill:

Hodie 3a vice lecta est Billa, intituled, An Act to enable William Marwood Esquire (lately called William Metcalft) and his Issue to take, use, and bear, the Surname and Arms of Marwood, pursuant to the Will of Jane Turner Widow, deceased.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Browning and Mr. Anguish:

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

Price to take the Name of Fountaine, Bill.

Hodie 2a vice lecta est Billa, intituled, An Act to enable Brigg Price Esquire and his Issue to take and use the Surname of Fountaine, and to bear the Arms of Sir Andrew Fountaine Knight, deceased.

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

Ld. President. L. Bp. St.Davids. Ld. Botetourt.
D. Somerset. L. Bp. Exeter. L. Leigh.
D. Richmond. L. Bp. Peterborough. L. Delamer.
D. Portland. L. Cathcart.
L. Ducie.
E. Sandwich. L. Sandys.
E. Abercorn. L. Ravensworth.
E. Marchmont. L. Boston.
E. Aylesford.
E. Halifax.
E. Pomfret.
E. Powis.

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

Wadhurst, West Farley, &c. Roads, Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for repairing the Road leading from the Town of Wadhurst in the County of Sussex, to the Turnpike Road at Lamberhurst Pound and Pullens Hill in the County of Kent, and from the Top of Pullens Hill, through the Parishes of Horsinonden, Marden, Yalden, and West Farley, to West Farley Street in the said County a of Kent.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by the Lords have the former Messengers:

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

Eyres Petition, to receive Sir O. Croftons Appeal out of Time; rejected.

A Petition of Francis Eyre, Agent for Sir Oliver Crofton Baronet, was presented, and read; setting forth, That the Petitioner having received Orders from Sir Oliver Crofton to prepare an Appeal, to be presented to this House, from several Orders made in the Court of Chancery in Ireland, he has got the same ready; but having taken up more Time than the Petitioner thought it would, and being apprehensive that, under the particular Circumstances of this Appeal, he was not limited to the usual Order of presenting it within the First Fourteen Days of the Session; and therefore praying, That their Lordships would be pleased now to receive the said Appeal.

And thereupon the Petitioner and his Clerk were called in, and heard at the Bar.

And being withdrawn:

Ordered, That the said Petition be rejected.

Fuhrer & al. Nat. Bill.

Hodie 1a vice lecta est Billa, intituled, An A for naturalizing Andrew Fuhrer and Ren Labutt

Banks and Brougham, Leave for a Bill to sell Dobinsons Estate:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Dorothy Bank and Thomas Brougham; 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 laid Petition and Report.

Bill read:

Hodie 1a vice lecta est Billa, intituled, An Act for Bill reads the Sale of Lands and Tenements, in the County of Cumberland, late the Estate of William Dobinson Gentleman, deceased, pursuant to a Rule of the Court of Common Pleas, and for the Benefit of the Children of Joseph Banks, his Nephew, deceased.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad & in diem Lun, decimum octavum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Lun, 18o Februarii

Domini tam Spirituales quam Tmporales prsentes fuerunt:

Epus. Londin. Comes Northington, Caucellarius. Ds. Botetourt.
Epus. Duresm.
Epus. Winton. Dux Bedford, Prses. Ds. Leigh.
Epus. Litch. & Cov. Ds. Delamer.
Epus. Glocestr. Dux Somerset. Ds. Masham.
Epus. Landav. Dux Richmond. Ds. Cadogan.
Epus. Carliol. Dux Argyll. Ds. Ducie.
Epus. Exon. Dux Bridgewater. Ds. Sandys.
Epus. Petriburg. Ds. Hyde.
Comes Gower, Catnerarius. Ds. Lyttelton.
Ds. Grantham.
Comes Westmorland. Ds. Scarsdale.
Comes Winchilsea. Ds. Boston.
Comes Sandwich. Ds. Lovel & Holland.
Comes Litchfield. Ds. Milton.
Comes Sutherland. Ds. Vernon.
Comes Abercorn.
Comes Marchmont.
Comes Oxford.
Comes Halifax.
Comes Guilford.
Comes Hardicke.
Comes Delawarr.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Inhabitants of Tetbury. Leave for a Bill, to rebuild their Church.

Upon reading the Petition of John Wight Clerk, Vicar of the Parish of Fetbury in the County of Gloucester, and of the Churchwardens and many of the principal Inhabitants of the said Town and Parish, whole Names are thereunto subscribed; praying, That Leave may be given to bring in a Bill, for taking down and rebuilding the Parish Church and Chancel of Tetbury aforesaid, by the Ways and Means, and in Manner, therein mentioned:

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

Howe, and Sir Edmund Thomas, Pet. for a Bill to sell Phelpes Estate, referred to Judges.

Upon reading the Petition of the Honourable and Reverend Thomas Howe Clerk, and Sir Edmund Thomas Baronet; praying Leave to bring in a Bill, for vesting Part of the Personal Estate of Mary Phelps Widow, deceased, and also a sufficient Part of the Real Estates entailed by her Will, in Trustees, for discharging Debts and Legacies; 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 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 fame.

Sir John St. Aubyns Pet. referred to Judges.

Upon reading the Petition of Sir John St. Aubyn Baronet, for himself and on Behalf of John St. Aubyn his Son, an Infant; praying Leave to bring in a Bill, to empower die Petitioner to make a Lease of a Parcel of Waste Ground, lying near His Majestys Dock Yard in the Parish of Stoke Damerell, in the County of Devon, in the Commissioners of His Majestys Navy, as therein mentioned:

It is Ordered, that the Consideration of the said Petition he, 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.

Gibsons Pet. referred to Judges.

Upon reading the Petition of Mary Gibson Widow, for herself and on Behalf of her Four Infant Children; praying Leave to bring in a Bill, for vesting the Manor of Woodryden, in the Parish of Waltham, and other Lands and Hereditaments, in the County of Essex, in Trustees, to be sold and conveyed to John Henniker Esquire, pursuant to the Proposal in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. (fn. 3) Justice 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.

Vernons Pet. referred to Judges.

Upon reading the Petition of Henry Vernon Esquire, and the Right Honourable the Lady Henrietta Vernon his Wife; praying Leave to bring in a Bill, for Sale of the Manor of Shipbrooke, and other the Premises devised by the Will of Richard Vernon Esquire, deceased, for discharging Debts and Encumbrances; 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 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.

Bydes and Wilkers Pet. referred to Judges.

Upon reading the Petition of Thomas Plummer Byde Esquire and Eleanor his Wife, in Behalf of themselves and Thomas Hope Byde, John Hope Byde, and Eleanor Byde, their Infant Children, and of Hope Wilkes Esquire; praying Leave to bring in a Bill, for confirming and establishing a Partition of certain Premises, therein mentioned, devised in Moieties by the Will of Andrew Hope deceased; and for other Purposes therein expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Adams and Mr. Baron Perrott; who are forthwith to summon all Parties concerned in he 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.

E. of Guilford & al. Pet. referred to Judges.

Upon reading the Petition of the Right Honourable Francis Earl of Guilford and Kalberine Countess of Builford his Wife, and the Right Honourable Frederick Lord Viscount Bolingbroke, and the Honourable Henry St. John Esquire, and of the Right Honourable Robert Earl of Catherlough in the Kingdom of Ireland, Guardian of the Honourable (fn. 4) John St. John, an Infant under the Age of Twenty-one Years (appointed by the Will of his late Father), for and on the Behalf of him tie said John St. John, and of Sir Edward Dering Baronet, for and on the Behalf of Edwatd Dering his Son, an Infant under the Age of Twenty-one Years; praying Leave to bring in a Bill, for vesting in Trustees the undivided Part or Share of certain Premises, therein mentioned, belonging to the said John St. John the Infant, and the undivided Parts or Shares belonging to the said Edward Dering the Infant; to the Intent that they may be enabled, together with the Petitioner the Countess of Guilford and her Trustees, and the Petitioners the Lord Viscount Bolingbroke and Henry Saint John, to make Sale of the whole Entirety of the said Premises; and that so much of the Money arising by the said Sale, as shall be respectively coming to the said John St. John and Edward Dering the Infants on account of their respective undivided Parts or Shares, may be laid out in the Purchase of Lands, to be conveyed to the Use of them the (aid Infants respectively, and their respective Heirs, subject to the Payment of a proportionable Part of the Annuity or Yearly Rent-charge 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.

Governors of Jesus Hospital in Rowell, Pet. referred to Judges.

Upon reading the Petition of Sir Thomas Palmer Baronet, John Robinson, Arthur Smith, and William Hyde, Governors and Trustees of Jesus Hospital in Rowell in the County of Northampton, and of Thomas Peach Esquire, Lord of the Manor of Orton in the same County; praying Leave to bring in a Bill, for vesting the Tithes and Estates at Orton, belonging to the said Hospital, in the said Thomas Peach and his Heirs, discharged from the aforesaid Trusts; and for charging the same, together with other Lands of the said Thomas Peach in Orton aforesaid, with an Annuity or Rent-charge, 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 Common Pleas 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 fame.

Sir G. Trevelyan & al. Pet. referred to Judges.

Upon reading the Petition of Sir George Trevelyan Baronet and Dame Julia his Wife, John Trevelyan and Walter Trevelyan his only Sons; praying Leave to bring in a Bill, to establish the Agreement therein mentioned between the Petitioners; or that they may have such in other Relief in the Premises as to their Lordships shall seem meet:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Smythe and Mr. (fn. 5) Justice Bathurst; 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 Consequence of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do the same.

E. of Carlisles Pet. referred to Judges.

Upon reading the Petition of John Lord Berkeley of Stratton, and Robert Ord Esquire, Lord Chief Baron of His Majestys Court of Exchequer in Scotland, Trustees and Testamentary Guardians of Frederick of Carlisle, an Infant; praying Leave to bring in a Bill, for Sale of Part of the Estates devised by the Will of Henry late Earl of Carlisle, deceased, for discharging Debts and Encumbrances affecting the same:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Adams 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.

Chatteris Ferry, and other Roads, Bill.

A Message was brought from the House of Commons, by the Lord Charles Greville Montague and others:

With a Bill, intituled, An Act for continuing the Terms of several Acts, and for giving further Powers, for repairing the Road from Chatteris Ferry to Hammonds Ears and Somersham Bridge; and for amending and widening the Road from Somersham Bridge to the Sheep Market in Saint Ives, and also the Road branching out of the said Road near Stocksbridge, through Needingwarth, to Earith, in the County of Huntingdon; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Jagens Nat. Bill.

A Message was brought from the House of Commons, by Sir Jarrit Smith and others:

To return the Bill, intituled, An Act for naturalizing Dirk Jager of the City of London Merchant; and to acquaint this House, that they have agreed to the said Bill, without au Amendment.

Dowdeswell & al. Pet. for a Bill, to sell Broxholmes Estate, referred to Judges.

Upon reading the Petition of George Dowdeswell Doctor in Physick, on Behalf of himself, and of William, Charles, and Francis, his Three Infant Children, and also of William Dowdeswell Esquire, and Elizabeth Campbell Widow; praying Leave to bring in a Bill, for Sale of the Freehold Estate late of Amie Broxbolme Widow, deceased, in the Parish of St. George, Hanover Square; and for laying Out the Money arising thereby in the Purchase of other Freehold Lands and Hereditaments, to be settled in Lieu thereof:

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 Perrot; 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.

Corn, &c. Exportation, to prevent, Bill.

Ordered, That the Bill, intituled, An Act to prohibit the Exportation of Wheat, Wheaten Meal, Flour, Bread, Biscuit, and Starch, from Great Britain and Ireland, for a limited Time, be read a Second Time Tomorrow; and the Lords to be summoned.

L. Kinnaird against Hunter:

After hearing Counsel, upon the amended Petition and Appeal of Charles Lord Kinnaird; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 26th of November and 16th of December 1761; and of another Interlocutor of the said Lords, of the 23d of November 1763; and praying, That the fame might be reversed, varied, or altered; or that this House would give the Appellant such Relief in the Premises as to their Lordships in their great Wisdom should seem meet: As also upon the Answer of James Hunter, Tenant in Inchture, put in to the said Appeal (the Heirs of Entail, who were made Respondents, not having put in their Answer, though peremptorily Ordered so to do); and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

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.

L. Bellews Pet. referred to Judges.

Upon reading the Petition of the Right Honourable John Lord Bellew in the Kingdom of Ireland; praying Leave to bring in a Bill, to enable the Petitioner more effectually to exercise his Powers to raise the several Sums therein mentioned, out of his settled Estates respectively, for the Portions of his Younger Children, in such Manner as to their Lordships shall seem meet, and as the Nature and Circumstances of the Case may require:

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 Clive; who ate forthwith to summon all Parties concerned in the Bill; and, after bearing 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 die Judges, having perused the Bill, do sign the same.

Tufnells Pet. referred to Judges.

Upon reading the Petition of George Forster Tufnell Esquire; praying Leave to bring in a Bill, to enable him to grant a Lease or Leases of the Freehold and Copyhold Estates in the Parishes of Saint Andrew Holbourn and Islington, in the County of Middlesex, devised to him by the Will of Sir William Rattan Baronet, deceased, to any Person or Persons, for such Term of Years, and under such Conditions and Restrictions as shall be thought requisite and expedient:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive and Mr. Justice Bathurst; 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.

Westcote, Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open and Common Fields, Common Pastures, Common Meadows, and Commonable Waste Grounds, in the Manor, Hamlet, and Tithing, of Westcote, in the Parish of Waddesdon, in the County of Bucks.

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

Ld. President. Ld. Bp.London. Ld. Botetourt.
D. Somerset. L. B. Litch. & Cov.
D. Richmond. L. Leigh.
D. Bridgewater. L. B. Landaff. L. Delamer.
L. B. Exeter. L. Dude.
E. Westmorland. L. Sandys.
E. Winchelsea. L. Grantham.
E. Sandwich. L. Boston.
E. Litchfield.
E. Sutherland.
E. Abercorn.
E. Marchmont.
E. Halifax.
E. Guilford.
E. Delawar.
Vis. Say & Sele.
Vis. Weymouth.

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.

Fuhter & al. Nat Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for naturalizing Andrew Fuhror and Ren Labutt.

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

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

Adjourn.

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

Die Martis, 19o Februarii

Domini tam Spirituales quam Temporales prsentes fuerunt:

Dux York.
Dux Gloucester.
Epus. Londin. Comes Northington, Cancellarius. Ds. Botetourt.
Epus. Duresm. Ds. Willoughby Br.
Epus. Winton. Dux Bedford, Prses. Ds. Clifton.
Epus. Bath. & Wells. Ds. Leigh.
Epus. Litch. & Cov. Dux Somerset. Ds. Berkeley Str.
Epus. Wigorn. Dux Richmond. Ds. Delamer.
Epus. Cicefirien. Dux Argyll. Ds. Cathcart.
Epus. Bangor. Dux Ancaster, Magnus Cameraris. Ds. Trevor.
Epus. Norvicen. Ds. Bathurst.
Epus. Glocester. Dux Portland. Ds. Cadogan.
Epus. Meneven. Dux Manchester. Ds. Ducie.
Epus. Landav. Dux Bridgewater. Ds. Edgecumbe.
Epus. Lincoln. Ds. Sandys.
Epus. Carliol. Comes Gower, Camerarius. Ds. Bruce.
Epus. Exon. Ds. Ravensworth.
Epus. Petriburg. Comes Suffolk. Ds. Vere.
Comes Westmorland. Ds. Hyde.
Comes Winchelsea. Ds. Harwich.
Comes Sandwich. Ds. Lyttelton.
Comes Shaftesbury. Ds. Sondes.
Comes Litchfield. Ds. Grantham.
Comes Plimouth. Ds. Scarsdale.
Comes Scarbrough. Ds. Boston.
Comes Poulet. Ds. Lovel & Holland.
Comes Cholmondeley. Ds. Beaulieu.
Comes Sutherland. Ds. Vernon.
Comes Morton.
Comes Eglintoun.
Comes Abercorn.
Comes Marchmont.
Comes Hyndford.
Comes Bute.
Comes Oxford.
Comes Dartmouth.
Comes Aylesford.
Comes Pomfret.
Comes Kerr.
Comes Waldegrave.
Comes Northumbland.
Comes Guilford.
Comes Hardwicke.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Falmouth.
Viscount Folkestone.
Viscount Spencer.
Viscount Wentworth.
Viscount Dudley & Ward.

PRAYERS.

Banks and Brougham to sell Dobinson Estate, Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for the Sale of Lands and Tenements in the County of Cumberland, late the Estate of William Dobinson Gentleman, deceased, pursuant to a Rule of the Court of Common Pleas, and for the Benefit of the Children of Joseph Banks, his Nephew, deceased.

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

Ld. President. L. Bp. Durham. Ld. Botetourt.
D. Somerset. L. B. Litch. & Cov. L. Leigh.
D. Richmond. L. Delamer.
D. Portland. L. B. Norwich. L. Cathcart.
D. Manchester. L. B. Landaff. L. Ducie.
L. Sandys.
Ld. Chamberlain. L. Vere.
L. Grantham.
E. Suffolk. L. Boston.
E. Westmorland.
E. Winchelsea.
E. Sandwich.
E. Shaftesbury.
E. Litchfield.
E. Abercorn.
E. Marchmont.
E. Dartmouth.
E. Aylesford.
E. Guilford.
Vis. Say & Sele.
Vis. Weymouth.

Their Lordships, or any Five of them; to meet on Wednesday the 6th Day of March next, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and do adjourn as they please.

Chippenham; &c. small Debts, Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for the more easy and speedy Recovery of small Debts, within the Hundreds of Chippenbam, Calne, and Damerham North, and Lordship or Liberty of Corsham, in the County of Wilts.

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

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

Respondents peremptorily to answer Spaldings Appeal.

The House was informed, That Margaret Laurie and Andrew Sloan Laurie her Husband, Respondents to the Appeal of Alexander Spalding, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose.

And thereupon an Affidavit of John Syme Writer to the Signet, of the due Service of the said Order, being read:

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

Corn. &c. Exportation, to prevent, Bill, rejected.

The Order of the Day being read, for the Second Reading of the Bill, intituled, An Act to prohibit the Exportation of Wheat, Wheaten Meal, Flour, Bread, Biscuit, and Starch, from Great Britain and Ireland, for a limited Time:

The said Bill was accordingly read a Second Time.

After Debate;

The Question was put, Whether this Bill shall be committed?

It was Resolved in the Negative.

Ordered, That the said Bill be rejected.

Cause put off.

Ordered, That the Cause which stands appointed for Tomorrow be put off to Thursday next.

Adjourn.

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

Footnotes

  • 1. Sic.
  • 2. Sic
  • 3. Sic.
  • 4. Deest in Originali.
  • 5. Sic.