House of Lords Journal Volume 31
April 1765, 11-20

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History of Parliament Trust

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Year published

1767-1830

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124-143

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'House of Lords Journal Volume 31: April 1765, 11-20', Journal of the House of Lords volume 31: 1765-1767 (1767-1830), pp. 124-143. URL: http://www.british-history.ac.uk/report.aspx?compid=113241 Date accessed: 23 November 2014.


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Contents

Die Lunæ, 15o Aprilis
D. of Cleveland takes the Oaths. Veinon’s Bill Late Countess of Burlington’s Estate, for Sale of, Bill. Howe and sir E. Thomas to tell Phelps’s Estate Bill Briftowe’s Bill. Witness to attend on Ld. Byron’s Trial: Mr. Hey to repeat the Evidence at the Trial Sir George Treven’s Bill. Wych’s Bill: Message to H. C. with the preceding Bills. Order relating to Coaches at Ld. Byton’s Trial Ld. Byron to be brought to Westminster Hall. Currency of the Notes issued by the Banks in Scotland to regulate, Bill: Witnesses to attend. Altering the Time for Payment of Annuities, Bill. The King’s Answer to Address for Guards during Ld. Byron’s Trial. Palmer to enter into Recognizance on Butler’s Appeal. Adjourn. Die Martis, 16o Aprilis.
Ld. Byron’s Trial. E of Northington’s Commission, appointing him Ld. High Steward. Writ of Certiorari Return. The Trial proceeded in. Ld. Byron remanded to The Tower; and to be brought again. Adjourn. Die Mercurii, 17o Aprilis.
Ld. Byron’s Trial: His Defences. Bishop Protestation. Ld. Byron found Guilty of Manslaughter. Trial ordered to be printed. Adjourn. Die Veneris, 19o Aprilis.
Walkden Moor and Chatmoh Enclosure, Bill. Aslack by and Dows by Enclosure, Bill. Manchester, lic. Roads, Bill Message from H. C. to return Crowe’s Bill; and Knowsley’s Bill. Bills passed by Commission. Relief and Employment of the Poor, Bill. Hamilton & al. Against Clements & al. Currency of Notes issued by the B ank in Scotland, to regulate, Bill. Cockerington Enclosure, Bill. Branston Enclosure, Bill. Winn’s Nat. Bill. Auckborough Enclosure, Bill. Kent Street and Bermondley Road, Bill. Granburrow Enclosure, Bill. Rector of Saint Christopher’s London, Glebe Lands to vest in the Governor &c. of the Bank, Bill. Dolman’s Estate, Bill. Wrigglesworth &al. to sell Ayscough’s Estate, Bill. Emload Enclosure, Bill. Vernon’s Bill. Late Countess of Burlington’s Estate, for Sale of, Bill: Howe and Sir E. Thomas to tell Phelp’s Estate, Bill: Bristowe’s Bill: Message to H. C. with the Four preceding Bills. Edgworth against Edgworth; Hearing put off the next Session. Butler against Butlers. Pleadings proved Adjourn. Footnotes

Die Lunæ, 15o Aprilis

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar. Comes Northington Cancellarius. Ds. Abergavenny.
Ds. Botetourt.
Epus. Londin. Ds. Willoughby Br.
Epus. Duresm. Dux Bedford, Præses.
Epus. Elien. Ds. Clifton.
Epus. Bath. & Wells. Dux Clevland. Ds. Leigh.
Epus. Cestrien. Dux Grafton. Ds. Berkeley Str.
Epus. Wigorn. Dux Bolton. Ds. Delamer.
Epus. Asaphen. Dux Leeds. Ds. Craven.
Epus. Norvicen. Dux Rutland. Ds. Cathcart.
Epus. Glocestr. Dux Argyll. Ds. Trevor.
Epus. Meneven. Dux Portland. Ds. Masham.
Epus. Landav. Dux Manchester. Ds. Bathurst.
Epus. Carliol. Dux Chandos. Ds. Ducie.
Epus. Petriburg. Dux Bridgewater. Ds. Monson.
Comes Talbot, Senescallus. Ds. Sandys.
Comes Gower, Camerarius. Ds. Fortescue.
Comes Suffolk. Ds. Ravensworth.
Comes Denbigh. Ds. Archer.
Comes Westmorland. Ds. Ponsonby.
Comes Peterborow. Ds. Vere.
Comes Winchilsea. Ds. Hyde.
Comes Sandwich. Ds. Walpole.
Comes Shaftesbury. Ds. Mansfield.
Comes Litchfield. Ds. Harwich.
Comes Gainsborough. Ds. Lyttelton.
Comes Holdernesse. Ds. Sondes.
Comes Plimouth. Ds. Scairsdale.
Comes Scarbrough. Ds. Boston.
Comes Poulett. Ds. Lovel & Holland.
Comes Eglintoun. Ds. Milton.
Comes Abercorn. Ds. Beaulieu.
Comes Loudoun. Ds. Vernon.
Comes Breadalbane.
Comes Marchmont.
Comes Oxford.
Comes Dartmouth.
Comes Tankerville.
Comes Aylesford.
Comes Harborough.
Comes Graham.
Comes Kerr.
Comes Buckingham.
Comes Temple.
Comes Harcourt.
Comes Hardwicke.
Comes Darlington.
Comes Fauconberg.
Comes Ilchester.
Viscount Say & Sele.
Viscount Townshend.
Viscount Weymouth.
Viscount Falmouth.
Viscount Spencer.
Viscount Wentworth.
Viscount Courtenay.
Viscount Dudley & Ward.

PRAYERS.

D. of Cleveland takes the Oaths.

This Day William Duke of Cleveland took the Oaths; and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration; pursuant to the Statutes.

Veinon’s Bill

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, “An Act for vesting the Barony or Manor of Shipbrook, in the County of Chester, Part of the Estate of Henry Vernon Esquire, comprised in his Marriage Settlement, in Trustees, to be sold, for raising Money to discharge the Debts and Encumbrances charged upon and affecting the same previous to the said Settlement; and for other Purposes therein mentioned,” 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.”

Ordered, That the said Bill be engrossed.

Late Countess of Burlington’s Estate, for Sale of, Bill.

The Lord Sandys made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for vesting Part of the settled Estates of Dorothy late Countess Dowager of Burlington, lying in the Counties of Middlesex, York, and Lincoln, in Trustees, to be sold and conveyed in Manner therein mentioned; and for inverting Part of the Money arising by such Sale in discharging a Mortgage-debt affecting the same Premises, and the Residue thereof in the Purchase of other Manors, Lands, and Hereditaments, to be settled to the same Uses as the said settled Estates do now stand limited, or to many of them as shall be then existing,” was committed.

Ordered, that the said bill be engrossed.

Howe and sir E. Thomas to tell Phelps’s Estate Bill

The Lord Sandys also made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for vesting Part of the Real Estate of Mary Phelps Widow, deceased, given and devised by her Will, in Trustees, to be fold, for Payment of Debts, Legacies, and Encumbrances,” was committed.

Ordered, that the said bill be engrossed.

Briftowe’s Bill.

The Earl of Marchmont made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for Sale of the Estates comprised in the Marriage Settlement of John Bristow Esquire, in the County of Norfolk; and for applying the Monies arising thereby in the Purchase of other Lands and Hereditaments, to be settled to the Uses contained in the said Settlement,” was committed.

Ordered, that the said bill be engrossed.

Witness to attend on Ld. Byron’s Trial:

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That John Gothrope do attend this House, in order to be examined, as a Witness, at the Trial of William Lord Byron, in Westminster Hall, on Tuesday the 16th Day of this Instant April, at Ten of the Clock in the Forenoon.

The Lord Chancellor acquainted the House, “That he had this Morning received a Letter from Mr. Wight, their Lordships Clerk Assistant, acquainting him, that he was by Illness rendered incapable of attending his Duty in the House.”

Mr. Hey to repeat the Evidence at the Trial

The Lord Chancellor also acquainted the House, “That he is desired, by Mr. Ashley Cowper, Clerk of the Parliaments, to inform their Lordships, that he had (in Consequence of Mr. Wight’s Illness) appointed Hey Esquire to assist at the Trial of Lord Byron, in order to repeat the Evidence given by the Witnesses during the said Trial.”

Ordered, that the said Hey do attend at the Bar of this House, in Westminster Hall, in order to repeat the Evidence given by the Witnesses at the Trial of William Lord Byron, during the said Trial.

Sir George Treven’s Bill.

Hodie 3a vice lecta efl Billa, intituled, “An Act for making the Portions provided by the Marriage Settlement of Sir George Trevelyan Baronet and Dame Julia his Wife, for their Younger Children, vested Interests, to that the same may be raised and paid, notwithstanding the Deaths of such Children in the Life-time of their Father; and for other Purposes therein mentioned.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Wych’s Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for vesting the Estate late of Peter Wyche Esquire, at Goadby, alias Godeby Marwood, in the County of Leicester, in Trust, to be conveyed to the most Noble John Marquis of Granby, or as he shall appoint; and for applying the Purchase-money in Manner and for the Purposes therein mentioned.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Message to H. C. with the preceding Bills.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Harris:

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

Order relating to Coaches at Ld. Byton’s Trial

The House was moved, “That the Order relating to the Time for permitting the Coaches of Peers and others to return, during the Trial of William Lord Byron” might be read.

The said Order was accordingly read.

Ordered, That the said Order be discharged.

Ordered, That all the Constables of Westminister be required to attend, at The Palace Yard in Westm’r, during the said Trial, to take Care that all Coaches whatsoever, when they have set down the Persons they bring, be turned away, through The Old Palace Yard, and so to Abingdon Street, and from thence so that they cannot by any Way return through Parliament Street, or King Street, until Five of the Clock in the Afternoon.

Ld. Byron to be brought to Westminster Hall.

Ordered, That the Constable of His Majesty’s Tower of London, or the Lieutenant of the same or his Deputy, do bring to the Bar of this House, in Westminister Hall, To morrow, at Ten of the Clock in the Morning, the Body of William Lord Byron, now in his Custody.

To John Lord Berkeley of Stratton Constable of His Majesty’s Tower of London, and in his Absence to the Lieutenant of the said Tower, or his Deputy.

Currency of the Notes issued by the Banks in Scotland to regulate, Bill:

The Order of the Day being read, for the Second Reading of the Bill, intituled, “An Act for regulating the Currency and due Payment of Notes and Bills issued by the Banks, Banking Companies, and Bankers, in that Part of Great Britain called Scotland; and for restraining the Practice of issuing Notes and Bills for Sums less than Twenty Shillings, by such Banks, Banking Companies, and Bankers; and for the Attendance of Witnesses:”

The said Bill was accordingly read a Second Time.

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

Ordered, That the House be put into a Committee upon the said Bill, on this Day Sevennight.

Witnesses to attend.

Ordered, That Mr. John Inglis, Mr. John Young, Mr. John Campbell, and Mr. John Maccall, Bankers, Samuel Jenks, William Pace, Henry Jones, Thomas Smith, John Darvas, Thomas Woodcock, John Carrick, and John Adaison, do attend this House, in order to be examined as Witnesses upon the said Bill, on this Day Sevennight.

Altering the Time for Payment of Annuities, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, “An Act for altering the Times of Payment of certain Annuities established by Two Acts, made in the Thirty-third Year of the Reign of His late Majesty, and in the Second Year of the Reign of His present Majesty.”

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.”

The King’s Answer to Address for Guards during Ld. Byron’s Trial.

The Lord Chamberlain reported, “That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, for Guards during the Trial of William Lord Byron; and that His Majesty was pleased to say, He would give Directions accordingly.”

Palmer to enter into Recognizance on Butler’s Appeal.

The House being moved, “That John Palmer of The Inner Temple London Gentleman may be permitted to enter into a Recognizance for John Butler and Walter Butler Esquires, on account of their Appeal depending in this House, they living in Ireland:

It is Ordered, That the said John Palmer may enter into a Recognizance for the said Appellants, as desired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum sextum diem instantis Aprilis, hora nona Auroræ, Dominis sic decernentibus.

Die Martis, 16o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar. Dux York. Ds. Le Despencer.
Arch. Ebor. Dux Gloucester. Ds. Abergavenny.
Epus. Londin. Comes Northington, Cancellarius, Summon Senescallus Magna Britannia pro hac vice. Ds. Botetourt.
Epus. Duresm. Ds. Willoughby Br.
Epus. Winton. Ds. St. John Blet.
Epus. Eliens. Ds. Clifton.
Epus. Bath. & Wells. Ds. Leigh.
Epus. Sarum. Dux Bedford, Præses. Ds. Berkeley Str.
Epus. Roffen. Ds. Delamer.
Epus. Litch. & Cov. Dux Marlborough, C. P. S. Ds. Craven.
Epus. Cestrien. Ds. Cathcart.
Epus. Wigorn. Dux Richmond. Ds. Boyle.
Epus. Cicestrien. Dux Grafton. Ds. Trevor.
Epus. Asaphen. Dux Bolton. Ds. Masham.
Epus. Oxon. Dux Leeds. Ds. Cadogan.
Epus. Norvicen. Dux Rutland. Ds. Ducie.
Epus. Glocestr. Dux Argyll. Ds. King.
Epus. Meneven. Dux Ancaster, Magnus Camerarius. Ds. Montfort.
Epus. Landaven. Ds. Chedworth.
Epus. Lincoln. Dux Kingston. Ds. Edgecumbe.
Epus. Bristol. Dux Newcastle. Ds. Sandys.
Epus. Carliol. Dux Portland. Ds. Bruce.
Epus. Exon. Dux Manchester. Ds. Fortescue.
Epus. Petriburg. Dux Chandos. Ds. Ravensworth.
Dux Bridgewater. Ds. Ponsonby.
March. Rockingham. Ds. Vere.
Comes Talbot, Senescallus. Ds. Hyde.
Ds. Walpole.
Comes Gower, Camerarius. Ds. Mansfield.
Ds. Harwich.
Ds. Lyttelton.
Comes Huntingdon. Ds. Wycombe.
Comes Pembroke. Ds. Sondes.
Comes Lincoln. Ds. Grantham.
Comes Suffolk. Ds. Grosvenor.
Comes Denbigh. Ds. Scarsdale.
Comes Westmorland. Ds. Boston.
Comes Peterborow. Ds. Lovel & Holland.
Comes Winchilsea. Ds. Montagu.
Comes Sandwich. Ds. Milton.
Comes Essex. Ds. Beaulieu.
Comes Cardigan. Ds. Vernon.
Comes Shaftesbury. Ds. Bingley.
Comes Litchfield. Ds. Ligonier.
Comes Gainsboro’.
Comes Plimouth.
Comes Scarbrough.
Comes Albemarle.
Comes Coventry.
Comes Poulet.
Comes Morton.
Comes Eglintoun.
Comes Abercorn.
Comes Loudoun.
Comes Breadalbane.
Comes Dunmore.
Comes March.
Comes Marchmont.
Comes Bute.
Comes Oxford.
Comes Strafford.
Comes Dartmouth.
Comes Tankerville.
Comes Aylesford.
Comes Halifax.
Comes Sussex.
Comes Macclesfield.
Comes Ker.
Comes Waldegrave.
Comes Ashburnham.
Comes Oxford.
Comes Harrington.
Comes Brooke.
Comes Buckinghamshire.
Comes Powis.
Comes Northumberland.
Comes Temple.
Comes Harcourt.
Comes Cornwallis.
Comes Hardwicke.
Comes Fauconberg.
Comes Ilchester.
Viscount Hereford.
Viscount Say & Sele.
Viscount Townsend.
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Torrington.
Viscount Folkestone.
Viscount Spencer.
Viscount Wentworth.
Viscount Courtenay.
Viscount Dudley & Ward.

PRAYERS.

Ld. Byron’s Trial.

This Day being appointed, to proceed to the Trial of William Lord Byron, upon the Indictment for Murder found against him; Garter King at Arms was permitted to come to the Table; and the House was called over, beginning with the Junior Baron, the Clerk setting down the Names of those Lords who were absent; and the said King at Arms marking in a Lift the Lords that were present.

The Names of the absent Lords are as follow:

Ld. Holland.

L. Archer.

L. Romney.

L. Onslow.

L. Bathurst.

L. Foley.

L. Middleton.

L. Hay.

L. Arundel of Trerice.

L. Maynard.

L. Hunsdon.

L. Dacre.

L. Audley.

Bp. Bangor.

Bp. Hereford.

Bp. Leinster.

V. Stormont.

E. Delawar.

E. Darlington.

E. Guilford.

E. Hertford.

E. Portsmouth.

E. Graham.

E. Pomfret.

E. Stanhope.

E. Harborough.

E. Cowper.

E. Granville.

E. Bristol.

E. Uxbridge.

E. Ferrers.

E. Hyndford:

E. Moray.

E. Rothes.

E. Sutherland.

E. Cholmondeley.

E. Godolphin.

E. Jersey.

E. Rochford.

E. Holdernesse.

E. Thanet.

E. Chesterfield.

E. Stamford.

E. Northampton.

E. Exeter.

E. Salisbury.

E. Derby.

D. Dorset.

D. St. Albans.

D. Cleveland.

D. Somerset.

D. Cumberland.

Then the House was adjourned into Westm’r Hall; wither the Officers, Attendants, Judges, Peers Eldest Sons, Minor Peers, and Lords, went in the Order directed, Garter King at Arms calling them in their due Places by his List.

And the Lords being come thither, and seated; and the House resumed:

The Clerk of the Crown in Chancery and the Clerk of the Crown in the King’s Bench presented the Commission under the Great Seal for Lord High Steward, on their Knees, to his Lordship, sitting upon the Woolsack; which (after Proclamation made for Silence) was read at the Table, by the Clerk of the Crown in the King’s Bench, (all the Lords and others standing up uncovered), as follows:

E of Northington’s Commission, appointing him Ld. High Steward.

George R.
“George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Right Well-beloved Cousin and Counsellor Robert Earl of Northington Our Chancellor of Great Britain, Greeting. Know ye, That whereas William Byron Baron Byron of Rochdale, late of the Parish of Saint James, within the Liberty of Westminster, in Our County of Middlesex, in our Court at Westminster, in the said County of Middlesex, before Our Justices assigned to hold Pleas before Us, stands indicted, upon the Oath of Twelve Jurors, good and lawful Men of the said County of Middlesex, then and there sworn and charged to inquire for Us, for the Body of the said County, of Felony and Murder, by him the said William Byron Baron Byron of Rochdale, done and committed: We, considering that Justice is an excellent Virtue, and pleasing to the Most High; and being willing that the said William Byron Baron Byron of Rochdale, of and for the Felony and Murder whereof he is indicted as aforesaid, before Us, in Our present Parliament, according to the Law and Custom of Our Kingdom of Great Britain, may be heard, examined, sentenced, and adjudged; and that all other Things which are necessary on this Occasion may be duly exercised and executed; and for that the Office of High Steward of Great Britain, whose Presence upon this Occasion is required, is now vacant, as We are informed: We, very much confiding in your Fidelity, Prudence, provident Circumspection, and Industry, have, for this Cause, ordained and constituted you Steward of Great Britain, to bear, execute, and exercise, for this Time, the said Office, with all Things due and belonging to the same Office in this Behalf. And therefore We command you, that you diligently set about the Premises; and, for this Time, do exercise and execute with Effect all those Things which belong to the Office of Steward of Great Britain, and which are required in this Behalf. In Witness whereof, We have caused these Our Letters to be made Patent.
“Witness Ourself, at Westminster, the Fifteenth Day of April, in the First Year of Our Reign.
By the King Himself, signed with His own Hand.
“Yorke and Yorke.

Which being ended; the Serjeant at Arms said, “God save the King !”

Then the Lord High Steward took his Place on a Chair placed for that Purpose before the State; and Garter King at Arms and the Gentleman Uther of the Black Rod (upon their Knees) presented him with his Staff.

Proclamation being made for Silence; the Writ of Certiorari for removing the Indictment found against the said Lord, the Return thereof, and the said Indictment, were read, by the Clerk of the Crown in the King’s Bench, as follows:

Writ of Certiorari

“George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth. To Our Right Trusty and Well-beloved William Lord Mansfield, Our Chief Justice appointed to hold Pleas before Us, Greeting. We, being willing, for certain Reasons, that all and singular Indictments, of whatsoever Felonies and Murders, whereof William Byron Baron Byron of Rochdale, late of the Parish of Saint James, within the Liberty of Westminster, in Our County of Middlesex, is indicted before you (as is said), be determined before Us, and not elsewhere, do command you, that you do send, under your Seal, before Us, in Our Parliament, immediately after the Receipt of this Our Writ, all and singular the Indictments aforesaid, with all Things touching the same, by whatsoever Name the said William Byron Baron Byron of Rochdale is called in the same, together with this Writ, that We may cause further to be done thereon what of Right, and according to the Law and Custom of England, We shall see fit to be done.
“Witness Ourself, at Westminster, the Twenty-eighth Day of February, in the Fifth Year of Our Reign.
“Yorke and Yorke.
“To the Right Honourable William Lord Mansfield, Chief Justice appointed to hold Pleas before the King Himself; a Writ of Certiorari, to certify into the Upper House of Parliament the Indictment found against William Byron Baron Byron of Rochdale, for Murder, returnable immediately, before the King in Parliament.
“Yorke and Yorke

Return.

“By Order of the Lords Spiritual and Temporal in Parliament assembled, by virtue of the within Writ to me directed, I send to Our Sovereign Lord the King, in this present Parliament, under my Seal, the Indictment within mentioned, with all Things touching the same, in certain Schedules hereunto annexed, as I am within commanded.
“Mansfield

Middlesex.

“Be remembered, that, on Tuesday next after the Octave of The Purification of the Blessed Virgin Mary, in the Fifth Year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, in the Court of our said Lord the King, before the King Himself, at Westminster, in the County of Middlesex, upon the Oath of Philip Dyott of Dyott Street Esquire, John Chase of Great Russell Street Esquire, Henry Raper of John Street Esquire, Robert Hucks of Great Russell Street Esquire, Oliver Coghill of the same Esquire, Anthony Chapman of Great Ormond Street Esquire, Charles Sheppard of Muswell Hill Esquire, Thomas Singleton of Finchley Esquire, George Mertins of Hatton Garden Esquire, Gideon Arbontn of the same Esquire, John French of the same Esquire, William Clarke of Clopton Esquire, Abraham Ogier of Clopton Esquire, Edward Nourse of Hammersmith Esquire, John Anderson of Henrietta Street Esquire, George Mercer of Bolsover Street Esquire, Isaac Lefevre of Stepney Green Esquire, Henry Mason of Great Russell Street Esquire, George Wright of Baldwin’s Gardens Esquire, Liscombe Price of Islington Esquire, Charles Digby of Mile End Esquire, Richard Tidswell of Edmonton Esquire, and John Duvall of Portugal Street Gentleman, good and lawful Men of the County of Middlesex, then and there sworn and charged to inquire for Our said Lord the King; for the Body of the said County of Middlesex; it is presented, that the Bill of Indictment hereto annexed is a true Bill.
“Burrow.

Middlesex.

The Jurors for Our Lord the King, upon their Oath, present, That the Right Honourable William Byron Baron Byron of Rochdale, late of the Parish of Saint James within the Liberty of Westminster in the County of Middlesex, not having the Fear of God before his Eyes, but being moved and seduced by the Instigation of the Devil, on the Twenty-sixth Day of January, in the Fifth Year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, with Force and Arms, at the Parish aforesaid, in the County aforesaid, in and upon one William Chaworth Esquire, in the Peace of God and our said Lord the King, then and there being, feloniously, wilfully, and of his Malice aforethought, did make an Assault; and that the said William Lord Byron, with a certain Sword drawn, made of Iron and Steel, of the Value of Five Shillings, which he the said William Lord Byron in his Right Hand then and there had and held, him the said William Chaworth, in and upon the Left Side of the Belly of the said William Chaworth, near the Navel of the said William Chaworth, then and there, feloniously, wilfully, and of his Malice aforethought, did strike, thrust, stab, and penetrate, giving to the said William Chaworth, with the Sword drawn as aforesaid, in and upon the said Left Side of the Belly of the said William Chaworth, near the Navel of the said William Chaworth, One mortal Wound, of the Depth of Six Inches, and of the Breadth of Half an Inch; of which said mortal Wound the said William Chaworth, at the said Parish of Saint James, within the Liberty of Westminster, in the said County of Middlesex, and also at the Parish, of Saint George Hanover Square, within the Liberty of Westminster aforesaid, in the same County, from the said Twenty-sixth Day of January, in the Year aforesaid, until the Twenty-seventh Day of the same Month in the same Year did languish, and languishing did live, on which said Twenty-seventh Day of January, in the Year aforesaid, the said William Chaworth, at the said Parish of Saint George Hanover Square, in the Liberty of Westminster aforesaid, in the said County of Middlesex, of the said mortal Wound, did die. And so the Jurors aforesaid, upon their Oath aforesaid, do say, that the said William Lord Byron him the said William Chaworth, in Manner and Form aforesaid, feloniously, wilfully, and of his Malice aforethought, did kill and murder, against the Peace of our said Lord the King, His Crown and Dignity.
“A true Bill.
Witnesses,
John Hewit Esquire.
Frederick Montague Esquire.
John Sherwyn Esquire.
George Danston Esquire.
Francis Molineux Esquire.
The Honourable Thomas Willoughby Esquire.
Casar Hawkins Esquire.
Anthony Addington Esquire.
John Edwards.
James Fynmore.
Thomas Welly Partington Esquire.
William I evinz Esquire.
Robert Adair Esquire.
Sworn in Court.

The Trial proceeded in.

Then the Lord High Steward asked Leave for the Judges to be covered.

Which was granted.

Then Proclamation was made, for the Lieutenant of The Tower to bring William Lord Byron, his Prisoner, to the Bar.

Who, being brought accordingly, kneeled, until the Lord High Steward acquainted him he might rise.

Which done; the Lord High Steward, in a Speech, represented to him the Nature of the Charge against him, and the Circumstances of his Case; and concluded with acquainting his Lordship, and all other Persons who should have Occasion to speak to the Court during the Trial, “That they are to address themselves to the Lords in general, and not to any Lord in particular.”

Then the said Lord Byron was arraigned, by the Clerk of the Crown in the King’s Bench, in the usual Manner; and asked, “Whether he was Guilty, or not Guilty ?”

To which he pleaded, “Not Guilty.”

And being asked, “By whom he would be tried?”

He answered, “By God and his Peers.”

Then Proclamation was made, for all Persons that will give Evidence on Behalf of the King, against the said Lord the Prisoner, to come forth, and they (hall be heard; for he now Hands at the Bar, upon his Deliverance.

The Lord High Steward, with the Consent of the Court, went down to the Table, for the better Conveniency of Hearing.

Then Mr. Cornwall and Mr. Attorney General were heard, to open the Charge against the said Lord; add produced John Hewett Esquire, Frederick Montagu Esquire, George Donston Esquire, Francis Molyneux Esquire, Casar Hawkins Esquire, Robert Adair Esquire, John Sherwyn Esquire, the Honourable Thomas Willoughby Esquire, John Edwards, James Fynmore, John Gothrope, and William Mann Apothecary; who were severally examined, upon Oath, in order to prove the Indictment; some of which were cross-examined by the Prisoner; the Clerk, by the Direction of the Lord High Steward, going down to the Bar, and repeating the Answers given by the Witnesses.

The House was moved, “To adjourn to the Chamber of Parliament.”

And being adjourned accordingly:

The Lords and others returned in the same Order at before; except the Lord High Steward, who walked after the Duke of York.

And the House being there resumed:

Ordered, That this House will proceed further on the said Trial of William Lord Byron, in Westm’r Hall, Tomorrow, at Ten of the Clock in the Morning.

Ld. Byron remanded to The Tower; and to be brought again.

Ordered, That the said William Lord Byton be remanded Prisoner to His Majesty’s Tower of London, there to be kept in safe Custody; and that he be brought again to the Bar of this House, in Westminster Hall, Tomorrow, at Ten of the Clock in the Morning.

To John Lord Berkeley of Stratton, Constable of His Majesty’s Tower of London; and, in his Absence, to the Lieutenant of the said Tower, or his Deputy.

Adjourn.

Dominus Summon Senescallus declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum septimum diem instantis Aprilis, hora nona Auroræ, Dominis sic decernentibus.

Die Mercurii, 17o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar. Comes Northington, Cancellarius, Summon Senescallus Magna Britannia pro hac vice. Ds. Le Despencer.
Arch. Ebor. Ds. Abergavenny.
Ds. Botetourt.
Epus. Londin. Ds. Willoughby Br.
Epus. Duresm. Ds. St. John Blet.
Epus. Winton. Dux York. Ds. Clifton.
Epus. Eliens. Ds. Leigh.
Epus. Sarum. Dux Gloucester. Ds. Berkeley Str.
Epus. Roffen. Dux Bedford, Præses. Ds. Delamer.
Epus. Litch.& Cov. Ds. Craven.
Epus. Cestrien.
Epus. Wigorn. Dux Richmond. Ds. Cathcart.
Epus. Cicestrien. Dux Grafton. Ds. Boyle.
Epus. Asaphen. Dux Leeds. Ds. Trevor.
Epus. Oxen. Dux Rutland. Ds. Masham.
Epus. Norvicen. Dux Argyll. Ds. Cadogan.
Epus. Glocestr. Dux Ancaster, Magnus Camerarius. Ds. Ducie.
Epus. Meneven. Ds. King.
Epus. Landav. Dux Newcastle. Ds. Monson.
Epus. Lincoln. Dux Portland. Ds. Montfort.
Epus. Bristol. Dux Manchester. Ds. Chedworth.
Epus. Carliol. Dux Chandos. Ds. Edgecumbe.
Epus. Exon. Dux Bridgewater. Ds. Sandys.
Epus. Petriburg. March. Rockingham. Ds. Bruce.
Ds. Fortescue.
Ds. Ravensworth.
Comes Talbot, Senescallus. Ds. Ponsonby.
Ds. Vere.
Comes Gower, Camerarius. Ds. Hyde.
Ds. Walpole.
Comes Huntingdon. Ds. Mansfield.
Comes Pembroke. Ds. Harwich.
Comes Lincoln. Ds. Lyttelton.
Comes Suffolk. Ds. Wycombe.
Comes Denbhigh. Ds. Sondes.
Comes Westmorland. Ds. Grantham.
Comes Peterborow. Ds. Grosvenor.
Comes Winchilsea. Ds. Scarsdale.
Comes Sandwich. Ds. Boston.
Comes Essex. Ds. Lovel & Holland.
Comes Cardigan. Ds. Montagu.
Comes Shaftesbury. Ds. Milton.
Comes Litchfield. Ds. Beaulieu.
Comes Gainsborough. Ds. Vernon.
Comes Plimouth.
Comes Scarbrough.
Comes Albemarle.
Comes Coventry.
Comes Poulet.
Comes Morton.
Comes Eglintoun.
Comes Abercorn.
Comes Loudoun.
Comes Breadalbane.
Comes Dunmore.
Comes March.
Comes Marchmont.
Comes Bute.
Comes Oxford.
Comes Strafford.
Comes Dartmouth.
Comes Tankerville.
Comes Aylesford.
Comes Halifax.
Comes Sussex.
Comes Macclesfield.
Comes Ker.
Comes Waldegrave.
Comes Ashburnham.
Comes Oxford.
Comes Harrington.
Comes Buckingham.
Comes Powis.
Comes Northumberland.
Comes Temple.
Comes Harcourt.
Comes Cornwallis.
Comes Hardwicke.
Comes Faucenberg.
Comes Ilchester.
Viscount Hertford.
Viscount Say & Sele.
Viscount Townshend.
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Torrington.
Viscount Folkestone.
Viscount Spencer.
Viscount Wentworth.
Viscount Courtenay.
Viscount Dudley & Ward.

PRAYERS.

Ld. Byron’s Trial:

The Order of the Day being read, for the proceeding further on the Trial of William Lord Byron, upon the Indictment of Murder found against him; the Lords were called over by the Clerk, Garter King at Arms marking in his List those that were present; and the Clerk taking down the Names of the absent Lords:

The Names of the absent Lords are as follow;

Ld. Ligonier.

L. Holland.

L. Bingley.

L. Archer.

L. Romney.

L. Oxslow.

L. Bathurst.

L. Foley.

L. Middleton.

L. Hay.

L. Arundel of Trerice.

L. Maynard.

L. Hunsdon.

L. Dacre.

L. Audley.

Bp. Bangor.

Bp. Hereford.

Bp. Bath & Wells.

V. Leinster.

V. Stormont.

E. Delawar.

E. Darlington.

E. Guilford.

E. Hertford.

E. Brooke.

E. Portsmouth.

E. Graham.

E. Pomfret.

E. Harborough.

E. Stanhope.

E. Cowper.

E. Granville.

E. Bristol.

E. Uxbridge.

E. Ferrers.

E. Hyndford.

E. Moray.

E. Rothes.

E. Sutherland.

E. Cholmondeley.

E. Godolphin.

E. Fersey.

E. Rochford.

E. Holdernesse.

E. Thanet.

E. Chesterfield.

E. Stamford.

E. Northampton.

E. Exeter.

E. Salisbury.

E. Derby.

D. Dorset.

D. Kingston.

D. Bolton.

D. St. Albans.

D. Cleveland.

D. Somerset.

Lord Privy Seal.

D. Cumberland.

Then the House was adjourned into Westminster Hall: Whither the Lords and others went in the same Order as Yesterday; except the Lord High Steward, who walked after the Duke of York.

And the Lords being there seated:

Leave was asked, and given, for the Judges to be covered.

Proclamation was then made for Silence.

As also Proclamation for the Lieutenant of The tower to bring the Prisoner to the Bar.

Who, being brought to the Bar accordingly, kneeled till he was acquainted by the Lord High Steward he might rise.

Then the Lord High Steward, with the Consent of the Court, went down to the Table.

And Mr. Attorney General was directed to proceed:

And called William Levinz Esquire; who was examined upon Oath, in order to prove the Indictment.

Then Thomas Walley Partington Gentleman was called; and also examined upon Oath, in order to prove the Indictment.

And a Question being put to him by the Prisoner:

The same was objected to.

Then it was moved, “To adjourn to the Chamber of Parliament.”

And being adjourned accordingly:

The Lords and others returned, in the same Order they came down.

And the House being there resumed:

It was moved, “To resolve, That the Question put by Lord Byron to Mr. Partington is a competent Question.”

And the Question being put thereupon:

It was Resolved in the Negative.

Then the House was again adjourned into Westm’r Hall.

And the Peers and others went down, in the came Order as before.

And the Peers being there seated;

And the House resumed:

Proclamation was made for Silence.

Then Mr. Levinz was again called in; and asked several Questions by several of the Lords.

And the King’s Councel having finished their Evidence:

Mr. Solicitor General was heard, to sum up the Evidence.

Which done; the Prisoner was directed to proceed in his Defence.

Whereupon his Lordship acquainted the House, “That he should not call any Witnesses on his Behalf: that he had committed to Writing what he had to say: which he desired might be read by the Clerk, as his Voice was so low, he was apprehensive he should not be heard by their Lordships.”

The same was accordingly read, by the Clerk, as follows:

His Defences.

My Lords,
“Your Lordships are now in full Possession of the Evidence against me; and, I am convinced, will weigh it with the Wisdom and Impartiality which have ever distinguished the Court of the Peers of Great Britain.
“This Consideration, my Lords, affords me Comfort and support, though oppressed under the heavy Load of an Accusation of Murder, against which I am now required to speak in my own Defence.
“My Inexperience in the nice Distinctions of Law, and in Proceedings of this Nature, but ill qualify me for this Task, and will furnish very ample Occasion for the Goodness and Indulgence of your Lordships.
“The Witnesses (as far as their Knowledge and observation could lead them ) (fn. 1) have already sufficiently proved the accidental Manner in which the greatest part of the Transaction happened and the Innocence of my own Intentions through the whole of it, makes it difficult for me to select any particular passages which may more immediately demand your Lordships Attention.
“Let me presume, however, to lay before you my own Narrative of the Fact, according to the best of my Recollection, It agrees in Substance with great Part of what has fallen from the Witnesses; but it supplies some Particulars which may possibly deserve Weight and Credit. In doing this, the Respect Which “I owe to your Lordships, as well as a tender Concern for my own Honour, will not suffer me to prevaricate; neither will I conceal or deny what is true.
“After we had dined at the Club, about Seven o’Clock a Discourse began concerning Game; and Mr. Chaworth incifted, that Strictness and Severity were the only effectual Methods with the Country People.
“I must confess, that, I was of a different Opinion, being for gentler Measures: and therefore observed, that such Severity might only prompt them to do ’more Mischief; and added such Circumstances as I thought supported what I said.
“This Discourse tailed some Time; and, during the Whole of it, I was concerned to observe that the deceased Gentleman, without any Cause treated me in a flighting and contemptuous Manner.
“Towards the Conclusion of it, he, with some Heat, said, “There would be no Game in the Country, and that I should not have a single Hare on my Estate, if it was not for the Care taken by himself and Sir Charles Sedley to preserve the Game on their Manors;” and added, “That he had more Game on Five Acres than I had in all my Manors.” The Proposal of a Bett followed; but some of the Gentlemen interfered; and no Bett was made.
Mr. Chaworth again mentioned Sir Charles Sedley’s Manors, and his Care of the Game; upon which, I happened to ask, “What Manors of Sir Charles Sedley he meant?” when he answered, “Nut thall and Bulwell, “To which I replied,” I did not understand how that could be; for, though I knew Nutthall was Sir Charles Sedley’s yet Bulwell Park was mine.

“Mr. Chaworth answered, “That, besides Bulwell Park, there was the Lordship of Bulwell Town (a Point which I believe may formerly have been in Dispute between Mr. Wentworth’s Family and mine, but has long laid dormant), and that Sir Charles Sedley had a Deputation for that Lordship.”

“Upon which, I made some insignificant Observation on the Uncertainty of Deputations, as they are liable to be recalled at any Time; or something to that Purpose.

Whereupon, to the best of my Recollection, Mr. Chaworth replied in the following Words.: “Sir Charles Sedley, my Lord, lives at Mr. Cowper’s, in such a Place; and I doubt not will be ready to give your Lordship Satisfaction about his Manors, if you have any Thing to say concerning them; and as to myself, you know where I live, and I (hall be ready to answer your Lordship whenever you will call upon me, if you have any Thing to say to me.”

These Words, so unexpected, of such an Import, uttered and repeated in the Manner they were, would not admit of any Reply, but put an End to the Discourse; so that nothing further passed between the deceased Gentleman and myself at that Time; but, during the short Stay I made afterwards, I might possibly have some very short Conversation on indifferent Matters with Mr. Molyneux, who was next me.

And here I must observe, that, as I sat at the lower Corner on the one Side, and Mr. Chaworth at the upper Corner on the other Side, of a long Table, at which Ten People had dined, no private Intimations for a future Meeting, or other Signs, could be given by either of us, without being perceived by all the rest of the Company, to whose Evidence I must refer; observing only, that no such Thing is pretended, or even suspected, by any of the Gentlemen who have been called upon.

Soon after this Discourse was finished, in the abrupt Manner I have mentioned, the Club-book was brought to Mr. Chaworth, who usually settled it, and did so on this Occasion, though with some Hurry and Confusion, as Fynmore, the Master of the Tavern, has told your Lordships.

The Book being settled, and the Reckoning paid by Mr. Chaworth and several of the Company, I saw him go behind a Screen in the Room, which entirely conceals the Door; and I had every Reason to conclude that he was gone.

I staid some Time, to settle and discharge my Reckoning, which might detain me near Ten Minutes: and then I took my Hat, and lest the Company.

As I was going out of the Room, I remember that somebody passed me, behind the Screen, near the Door, and believe it might be Mr. Donston, who (I think) says he met me; but, being in the Shade, I could not well distinguish him, so as to take particular Notice, or say any Thing to him.

When I opened the Door, I saw Mr. Chaworth on the Landing Place, near the upper Step of the Stairs, with his Face towards the Door, and his Back to the Stairs; not moving (as he appeared to me), but rather as if he waited for somebody coming out.

The Landing Place is so narrow, that to go without the Door of the Room was unavoidably to pass near Mr. Chaworth, who immediately said, “Has your Lordship any Commands for me ?” which he spake in a particular and significant Manner, and not (to my Apprehension) as a Question either of Civility or Respect.

I only answered, I should be glad of an Opportunity of speaking a few Words to him. “Mr. Chaworth replied, “That the Stairs were not a proper Place; and, if I pleased, we would go into a Room.”

We then went down together to the Landing Place of the One Pair of Stairs (for we dined up Two Pair of Stairs), and there the Waiter was called; and, as it was repeated Three or Four Times, it is moil probable we both called him.

The Waiter soon came, with a Candle; and being asked (I am sorry I cannot recollect who put the Question) “Which of those Rooms (meaning the Two Rooms on that Floor) was empty ?” he threw open the Door of One of them; and, going in first, set his Candle upon the Table, which stood towards the Middle of the Room, whilst we went to the Fire. He retired immediately, and the the Door after him.

I then said to Mr. Chaworth, as we still continued standing by the Fire, “How am I to take those Words you used above, as an intruded Affront from Sir Charles Sedley, or yourself ?” Mr. Chaworth replied, “Your Lordship may take them as you place, either as an Affront or not; and I imagine this Room is as fit a Place as any other to decide the Affair in.

Then, turning round, he said, “He would bolt the Door, to prevent any Interruption, or any Body interfering;” or Words to that Effect. Accordingly he went to the Door, and fastened it. In the mean Time, his Intention being but too manifest, by this Action and his last Expression, I went round on the further Side of the Table, towards the most open Part of the Room, which your Lordships have been informed by Finmore is about Sixteen Feet Square, and the Furniture did not leave a vacant Space of more than Twelve Feet in Length, and, as I believe, Five Feet in Breadth, where it was my unhappy Lot to be obliged to engage.

Mr. Chaworth was now turned round from bolting the Door; and, as I could not any longer continue in Doubt of his intention, it was impossible for me, it such a Situation, to avoid putting my Hand to my Sword; and 1 believe I might, at the same Time, bid him draw, or use other Words of the like Import; though 1 cannot now be certain of the Expression.

Mr. Chaworth immediately drew his Sword, and made a Thrust at me, which I parried: he made a Second, which also miffed of its Effect. And then, finding myself with my Back against the Table, with great Disadvantage of the Light, I endeavoured to shift a little more to the Right Hand, which unavoidably brought us nearer to each other; and gave me an Opportunity to perceive that the deceased Gentleman was making a Third Pass at me: We both thrust at the same Time; when I found Mr. Chaworth’s Sword against my Ribs, having cut my Waistcoat and Shirt for upwards of Eight Inches; and I suppose it was then that he received the unlucky Wound, which I (hall ever reflect upon with the utmost Regret.

Mr. Chaworth paused: and said, “I am afraid I have killed you;” at the same Time putting his Left Hand to his Belly, which, on withdrawing it again, I could perceive was bloody.

I expressed the like Apprehension on his Account; and Mr. Chaworth telling me, “That he was wounded,” I said, “That I was forty for it; and went to the Bell,” near the Fire, to ring it, in order to call for Assistance; whilst the unfortunate Gentleman, being still near the Door, unbolted it.

I then returned to him; and, as I was supporting him to an Elbow-chair which flood near the Fire-side, I could not help observing, “That he might thank himself for what had happened, as he had been the Aggressor; that I suppoced he took me for a Coward, but I hoped I had as much Courage as another Man.” Mr. Chaworth replied, “My Lord, all I have to say is, you have behaved like a Gentleman.”

“During this Discourse, Fynmore came into the Room, took our Swords, whilst I was employed, to; the best of my Power, in supporting Mr. Chaworth; and, at my Request, went for the Surgeon. The rest of the Gentlemen also who were above Stairs, being now alarmed, came down into the Room, where I continued for some Time, being desirous to give any kind of Assistance to the Deceased; and afterwards I waited in a Room below, till he was removed to his own House.

My Lords, this is a melancholy Story. I cannot pretend to call any Witnesses, in Support of those Parts of it which relate to what passed during the few Minutes whilst we were in private. But, as the Declarations of the Deceased are admitted as Evidence, your Lordships will compare the broken Accounts collected by hose Gentlemen who discoursed with him, with such Circumstances as my Memory and Knowledge tell me are exactly true.

There are several Persons now attending, and ready to attest various Instances of friendly Intercourse and Civility from me to the Deceased; but, as nothing has been offered to induce your Lordships to believe the contrary, I will not enter into that Evidence, nor offer any other on my Part, relying upon your Lordships Justice, and my own Innocence; not only as that Innocence may be presumed, from the lnsufficency of Proof on the Part of the Prosecutors to shew either Malice or Premeditation in me; but as most of the Wirnesses unanimously agree in declaring the Provocation, Challenge, and Insult, offered me: (fn. 2) and your Lordships will not imagine that I felt them with less Emotion, because my Manner and my Words were deccut.

My Lords, as the Provocation was great, so the Time was very short, between the Conversation and my meeting with Mr. Chaworth upon the Stairs, which was quite unexpected to me.

After that accidental Meeting, the Time of our continuing together (which was scarce Four Minutes), the Light, the Unfitness of the Place, and every other Circumstance, prove, in the strongest Manner, that nothing could be more sudden and unpremeditated than the Conflict that ended so unfortunately, and in which I received the First Thrust, at the Peril of my own Life.

Our Fighting could not be very regular, circumstanced as it was; but, notwithstanding some lnsinuations, my own Mind does not charge me with the least Unfairness. The Facts declared by Mr. Chaworth import the contrary; and Mr. Partington has acquainted your Lordships, that the last Declarations, reduced into Writing, were understood by him, and by the other Gentlemen present, as an Answer to every Question which had been asked.

My Lords, it is very plain, from the Evidence, that Mr. Chaworth had not cooled; and, if the Infirmity of his Temper was such as not to have recovered. itself in so short an Interval, though he had done the Injury, your Lordships, I hope, will, at least, make that Allowance (which the Law permits) to the like Infirmity of Nature in him who had been injured.

Grieved and affected I am on this Occasion, and willing to spare any Reflection on the Dead, the Necessity of my Defence obliges me to take Notice, that, according to the Evidence of Mr. Don/ion, whom. he desired to speak with on the Stairs, he but too clearly explained the Sense in which his Words were intended, by asking that Gentleman, “Whether he bad observed what passed between himself and me; and whether he had left the Matter short ?”

Such a Behaviour, my Lords, needs no Comment; especially if considered with the Sequel of it, after we came into the Room below, where he declined giving me any reasonable Explanation, though such an one might easily have been given as would have been confident with my Honour and Character.

In such a Case, your Lordships will, no Doubt, have some Consideration for human Weakness and Passion, always influenced and inflamed, in some Degree, by the Customs of the World.

And though I am persuaded that Compassion can never obstruct your impartial Justice; yet I trust that you will incline to mitigate the Rigour of it; and administer it, according to Law, in Mercy.

I am told, my Lords, that it has been held, by the greatest Authorities in the Law, that if contumelious Words (and still more, I presume, if contemptuous Words of Challenge) have been given by one Man to another, and before they are cooled either bids the other draw his Sword, and Death ensues, after mutual Passes, the Fail: of that Case will not amount to Murder.

Therefore I am willing to hope, that your Lordships, in weighing these Circumstances, may find sufficient Cause to acquit me of all Malice; and to consider me as an unhappy Man, innocent in Intention, conscious only of Misfortune.

My Lords, I will detain you no longer. I am in your Lordships Judgement; and shall expect your Sentence, whether for Life or Death, with all the Submission that is due to the noblest and most equitatable Court of Judicature in the World.”

Which done; the Attorney General acquainted the House. “That, as no Witnesses had been called on the “Behalf of the prisoner, he should not make any Observations.”

Then the Prisoner was taken from the Bar.

And it was moved, “To adjourn to the Chamber of Parliament.?”

And being adjourned accordingly:

The Lords and others returned, (fn. 3) in the same Order they came down.

And the House being there resumed:

Bishop Protestation.

The Archbishop of Canterbury, for himself and the rest of the Bishops, delivered a Protestation; which they desire may be entered.

And the same was read, as follow;

“The Lords Spiritual of the House of Peers do desire Leave of this House to be abcent when Judgement is given upon William Lord Byron: saving to themselves, and to their Successors, all such Right in Judicature as they have by Law, and of Right ought to have.”

Then he asked Leave that they might withdraw.

Which being agreed to:

They immediately withdrew accordingly

Ordered, That the Question to be put to the Lords, in Wcstm’r Hall, be, “Is William Lord Byron Guilty of “the Felony and Murder whereof he stands indicted, or Not Guilty ?”

Ordered, That such Lords as are of Opinion he is guilty of Manslaughter shall answer. “Not Guilty of “Murder, but Guilty of Manslaughter, upon my Honour.”

Ordered, That, in case William Lord Byron be found Guilty of Murder, such Judgement shall be pronounced upon him as was in the Case of the late Earl Feners.

Ordered, That, in case the said William Lord Byton be found Guilty of Manslaughter, he be allowed the Benefit of the Statute of Edward the Sixth; and that he be discharged, paying his Fees and that the Lord High Steward do acquaint him therewith.

Then the House was again adjourned to Westminster Hall.

And the Peers and others went down in the same Order as before.

And the Peers being there seated;

And the House resumed:

Proclamation was made for Silence.

Ld. Byron found Guilty of Manslaughter.

And the Lord High Steward, by a Lift, called over every Peer by his Name, beginning with the Junior Baron, and asked him, “Is William Lord Byron Guilty of the Felony and Murder whereof he stands indicted, or not Guilty.”

And thereupon every Peer present (except Four, who said “Not Guilty,”) severally standing up, uncovered, answered, “Not Guilty of Murder 5 but Guilty of Manslaughter, upon my Honour,” laying his Right Hand upon his Breast.

The Lord High Steward, standing up, uncovered, at the Chair, as he did when he put the Question to the other Lords, declared his Opinion to the same Effect, and in the fame Manner.

Then the Lord High Steward declared, “That William Lord Byron was acquitted of Murder, whereof he stood indicted; but was found Guilty of Manslaughter, One Hundred and Nineteen of the Peers present having voted him Guilty of Manslaughter; and the remaining Four, Not Guilty.”

Then Proclamation was made for bringing the Prisoner to the Bar.

Who, being brought accordingly, kneeled till the Lord High Steward told him he might rise.

And Proclamation being made for Silence:

The Lord High Steward acquainted the Prisoner, That the Lords have considered of the Charge and Evidence brought against him; and have likewise considered of every Thing which he has alleged in his Defence; and, upon the whole Matter, their Lordships have found him, Not Guilty of Murder, whereof he stands indicted; but, Guilty of Manslaughter.”

And asked him, “What he had to allege, against Judgement being pronounced upon him. ?”

Upon which, his Lordship claimed the Benefit of the Statute of Edward the Sixth.

Whereupon the Lord High Steward acquainted him, “That he was allowed the Benefit of that Statute, and was discharged, paying his Fees.”

Proclamation being again made for Silence:

The Lord High Steward declared, “That, this Proceeding being now at an End, nothing remained to be done here, but to determine the Commission.”

And directed Proclamation to be made for dissolving the Commission of High Steward.

And Proclamation being made accordingly:

The Gentleman Usher of the Black Rod, upon his Knee, delivered the White Staff to the Lord High Steward; and his Grace stood up, uncovered, and, holding his Stan in both his Hands, broke it in Two; and declared the Commission to be dissolved.

And then, leaving the Chair, came down to the Woolsack.

The House was adjourned to the Chamber of Parliament; whither the Peers and others returned in the same Order they came down, except the Duke of Gloucester and the Duke of York, who now walked after the Lord Chancellor.

And the House being there resume a:

Trial ordered to be printed.

Ordered, That the Lord Chancellor do cause the Trial of the said William Lord Byron to be printed and published; and that no other Person but such as his Lordship shall think fit to appoint do presume to print or publish the same.

Adjourn.

Dominus Cancellarius declaravit præcens Parliamentum continuandum esse usque ad & in diem Veneris, decimum nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

24o Decembris, 1765. Hitherto examined by us,

Marchmont.

Wentworth.

Boston.

Die Veneris, 19o Aprilis.

Domini tam Spirituales quam Temporales præcentes fuerunt:

Arch. Cantuar. Comes Northington. Cancellarius. Ds. Abergavenny.
Arch. Ebor. Ds. Botetourt.
Epus. Londin. Dux Bedford, Praesens. Ds. Willoughby Br.
Epus. Duresm. Ds. Leigh.
Epus. Litch. & Cov. Dux Richmond. Ds. Detemer.
Epus. Cestrien. Dux Grafton. Ds. Craven.
Epus. Cicestrien. Dux Bolton. Ds. Cathcart.
Epus. Asaphen. Dux Rutland. Ds. Ducie.
Epus. Bangor. Dux Newcastle. Ds. Mont fort.
Epus. Norvicen. Dux Bridgewater. Ds. Edgecumbe.
Epus. Glocestr. March. Rockingham. Ds. Sandys.
Epus. Meneven. Ds. Fortescue.
Epus. Landav. Comes Gower, Camerarius. Ds. Ravensworth.
Epus. Carliol. Ds. Ponsonby.
Epus. Exon. Comes Huntingdon. Ds. Walpole.
Epus. Petriburg. Comes Pembroke. Ds. Mansfield.
Comes Suffolk. Ds. Harwich.
Comes Peterborow. Ds. Lyttelton.
Comes Winchelsea. Ds. Wycombe.
Comes Sandwich. Ds. Sondes.
Comes Shaftesbury. Ds. Grantham.
Comes Gainsborough. Ds. Scarsdale.
Comes Scarborough. Ds. Boston.
Comes Poulet. Ds. Lovel & Holland.
Comes Morion. Ds. Milton.
Comes Eglintoun. Ds. Vernon.
Comes Abercorn.
Comes March.
Comes Marchmont.
Comes Strafford.
Comes Tankerville.
Comes Halifax.
Comes Macclesfield.
Comes Pomfret.
Comes Waldegrave.
Comes Harrington.
Comes Hardwicke.
Comes Ilchest. er.
Viscount Hereford.
Viscount Weymouth.
Viscount Falmouth.
Viscount Torrington.
Viscount Folkestone.
Viscount Dudley & Ward.

PRAYERS.

Walkden Moor and Chatmoh Enclosure, Bill.

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

With a Bill, intituled, “An Act for dividing and enclosing Walkden Moor, and a Part of a Parcel of Moss Ground called Chatmoss, within the Manor of Worsley. in the County Palatine of Lancaster” to which they desire the Concurrence of this House.

Aslack by and Dows by Enclosure, Bill.

A Message was brought from the House of Commons, by the Lord Brownlow Bertie and others:

With a Bill, intituled, “An Act for dividing and enclosing a certain Common Fen in the Parish of Aslackby and Dowsby, in the County of Lincoln; and for draining and improving the said Fen, and also certain Enclosed Low Grounds adjoining to the said Fen;” to which they desire the Concurrence of this House.

Manchester, lic. Roads, Bill

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

With a Bill, intituled, “An Act to enlarge the Term and Powers of an Act made in the Twenty-fourth Year of His late Majesty, for repairing the Road from Crossford Bridge to Manchester; and for amending the Road from Crossford Bridge aforesaid to a certain Place in Altrincham, in the County Palatine of Chester;” to which they desire the Concurrence of this House.

Message from H. C. to return Crowe’s Bill;

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

To return the Bill, intituled. “An Act for vesting Part of the settled Estates of Christopher Crowe Esquire, in the County of York, in him in Fee Simple; and for settling other Estates, in the same County, in Lieu thereof;” and to acquaint this House, that they have agreed to the same, without any Amendment.

and Knowsley’s Bill.

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

To return the Bill, intituled, “An Act for vesting the settled Estate of John Knowsley and Elizabeth his Wife, in the County of York, in Trustees, to be conveyed pursuant to certain Articles for the Purchase thereof; and for laying out the Money thereby stipulated to be paid in the Purchase of other Lands, to be charged and settled in Manner as therein mentioned:” and to acquaint this House, that they have agreed to the same, without any Amendment.

Bills passed by Commission.

The Lord Chancellor acquainted the House, “That His Majesty had been pleased to issue a Commission, to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses.”

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack; the Lord Chancellor in the Middle; with the Lord President on his Right Hand, and the Earl of Marchmont on his Left; commanded the Gentleman Usher of the Black Rod to signify to the Commons, “The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read.”

Who being come, with their Speaker; the Lord Chancellor said.

My Lords, and Gentlemen of the House of Commons.

“His Majesty, not thinking sit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and, by the said Commission, hath commanded us, in His Absence, to declare and notify His Royal Assent to the said several Acts, in the Presence of you die Lords and Commons assembled for that Purpose: Which Commission you will now hear read.”

Then the said Commission was read, by the Clerk, as follows:

George R.
“George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Right Well-beloved the Lords. Spiritual and Temporal, and to Our Trusty and Well-beloved the, Knights, Citizens, and Burgesses, and the Commisioners for Shires and Boroughs, of the House of Commons, in this present Parliament assembled, Greeting. Whereas We have seen, and perfectly understood, divers and sundry Acts, agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal and the Commons in this Our present Parliament assembled, and endorsed by you, as hath been accustomed; the Titles and Names of which Acts hereafter do particularly ensue; (that is to say,) “An Act for the more effectual Preservation of Fish in Fish Ponds and other Waters, and Conies in Warrens; and for preventing the Damage done to Sea Banks within the County of Lincoln, by the breeding Conies therein:” “An Act for enlarging the Terms and Powers of Two Acts, of the Thirteenth of George the First, and of the Sixteenth of His late Majesty, for repairing several Roads leading from the Town of Warminster in the County of Wilts, and for amending several other Roads near the said Town; and for repealing so much of an Act made in the First Year of the Reign of His present Majesty, for repairing several Roads therein mentioned, in the said County, as relates to the Road within the Town of Heytesbury; and for other. Purposes therein mentioned:” “An Act for enlarging the Term, and Powers of so much of an Act made in the Twenty-seventh Year of the Reign of His late Majesty, for repairing several Roads in the Counties of Dorset and Devon, as relates to the Road from Penn Inn in the County of Dorset, to the Workhouse at the East End of the Town of Honiton in the County of Devon, and to the Road from the Intrenchment on Askerwell Hill to Penn Inn, and from Bridport to Beamister; and for repairing and amending several other Roads. therein mentioned, in the Counties of Dorset and Devon:” “An Act for repairing, widening, and keeping in Repair, the Road leading from the Turnpike Road on Hurst Green in the County of Sussex, through Etchingham and Burwash, to the Extent of the said Parish of Burwash in the said County:” “An Act to continue the Term, and alter and enlarge the Powers, of an Act passed in the Third Year of His present Majesty, for repairing, widening, turning, and keeping in Repair, the Road from the Town of Cambridge to Ely, and from thence to Soham; and for building a Bridge cross the River Ouze, at or near a Place called Stretham Ferry, in the County of Cambridge; and for repairing and widening, and making, several other Roads, adjoining to the Roads directed to be repaired and widened by the said Act:” “An Act for repairing and widening the Roads leading from the Turnpike Road at Kipping’s Cross in the Parish of Brenchley in the County of Kent, through the Parishes of Bremcley, Horsmonsden, and Goudburst, by the Left Hand Side of Idea Green, to the Turnpike Road on Wilsley Green in the Parish of Cranbrooke; and from a Place near Goudburst Gore, through the Parish of Marden, to Stile Bridge in the said Parish; and from Underden Green in Mardenaforesaid, to Wansbutt’s Green in the County of Kent:” “An Act for amending the Road from The Pinfold in Balby in the County of York, to Worksop in the County of Nottingham:” “An Act to continue the Term, and enlarge the Powers, of an Act passed in the Second Year of the Reign of His present Majesty, for repairing and widening the Road from Mullen’s Pond in the County of Southampton, to the Eighteen Mile Stone from the City of Salisbury, and several other Roads in the said Act mentioned; and also for repairing and widening several other Roads leading out of the said Roads; and for other Purposes therein mentioned:” “An Act for enlarging the Terms and Powers of several Acts, of the Ninth and Twelfth Years of Queen Anne, and of the Thirteenth of King George the First, and of the Fourteenth of His late Majesty, for repairing the Highways leading from Royston in the County of Hertford, to Wansford Bridge in the County of Huntingdon, so far as relates to the Middle and South Divisions of Roads comprised in the said Acts; and for amending the Road from the Town of Huntingdon to the Cause way at or near the West End of the Town of Somersham in the said County of Huntingdon:” “An Act for repairing, widening, and keeping in Repair, the Road leading from the Turnpike Road at Wrotham Heath in the County of Kent, to the Turnpike Road leading from Croydon to Godstone in the County of Surrey:” “An Act for repairing and widening the Road from Tonbridge to Maidstone, and from Watt’s Cross to Cowden, in the County of Kent;” “An Act for repairing and widening the Roads from the South End of Newton Abbott to the Passage Way in Kinswear opposite Clifton Dartmouth Hardness; and from the End of a Lane leading out of the Turnpike Road between Newton Abbott and Totnes towards Abbotts Kenswell to Five Lanes; and from Langvers Barn to the said Turnpike Road between Newton Abbott and Totnes, and from Galmpton Warborough to Monk’s Bridge and Brixhum zuay; and from Langvers Barn to the North End of Paington Town; all in the County of Devon;” “An Act for amending and widening the Road from the Sign of The Coach and Horses in Bustall to the Turnpike Road at Nunbrook, and from Bradley Lane to the Town of Huddersfield, in the West Riding of the County of York:” “An Act for repairing and widening the Roads from Keyberry Bridge to the Passage at Shalldon, and from the said Bridge to the Pier or Harbour of Torkey, in the County of Devon:” “An Act for continuing the Terms of several Acts, and for giving further Powers, for repairing the Road leading from Chapel on the Heath in the County of Oxford, to Bourton on the Hill in the County of Gloucester:” “An Act for enlarging the Powers of several Acts, for repairing the Road from Stump Cross to Newmarket Heath, and from the Town of Cambridge, and from Foulmire to Cambridge, and other Roads adjoining thereto, so far as the same relate to the Road from Foulmire to Cambridge, and the said other Roads adjoining thereto:” “An Act for repairing, widening, and keeping in Repair, the Road from Welford Bridge in the County of Northampton, through Husband’s Bosworth and Great Wig Ston, to Milston Lane in the Town of Leicester:” “An Act for repairing and widening the Road from Great Grimsby Haven, at or near a Place called The Upper Sand End, to Wold Newton Church, and from Nun’s Farm to The Mill Field in the Parish of Irby in the County of Lincoln:” “An Act for re-building the Parish Church of Alhallows on the Wall, in the City of London; and for re-building the House belonging to the Rector of the said Parish; and for purchasing several Pieces of Ground, and Tenements thereon, to render the Passages to and from the said Church and House more commodious:” “An Act for cleaning and lighting the Streets, Lanes, and Passages, within the Towns of Manchester and Salford, in the County Palatine of Lancaster; and for providing Fire Engines and Fire Men, and for preventing Annoyances, within the said Towns:” “An Act for dividing an enclosing the Open and Common Arable Fields, Meadows, Pastures, Commons, and Waste Grounds, in the Lordship and Parish of Flamborough, in the County of York:” “An Act for dividing and allotting the Commons or Wastes, and the Common Fields and Ings, in the Manor and Township of Everingham, in the County of York; and for other Purposes therein mentioned:” “An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, lying within the Townships and Hamlets of Horley and Hornton, in the Parish of Horley aforesaid, in the County of Oxford:” “An Act for dividing and allotting certain Open Fields, Meadows, and Stinted Pastures, in the Township of Fenton in the Parish of Kettlethorp in the County of Lincoln, and a certain Free Common called The East Moor in the same Parish:” “An Act for dividing and enclosing certain Common Fields, Meadows, and Commonable Pastures, in the Township and Parish of Newton in the County of Lincoln, and certain Rights of Pasture in Kettlethorp in the said County:” “An Act for dividing and enclosing the Common Fields, Common Meadows, Common Pastures, Common Grounds, and Waste Grounds, of and in the Manor of Wellingborough, and of and in the Manor of Wellingborough formerly belonging to the College of Irthngborough, and in the Parish of Wellingborough, in the County of Northampton:” “An Act for dividing and enclosing the Open Common Fields and Meadows, Common Pastures, and other Commonable Lands, lying within the Parish of Lowdham, in the County of Nottingham:” “An Act for dividing and enclosing several Open and Common Fields, Lands, and Grounds, in the Parish of Benton, in the East Riding of the County of York:” “An Act for dividing and enclosing certain Open Common Fields, Lands, and Grounds, in Ellerker, in the Parish of Brantingham, in the East Riding of the County of York:” “An Act for dividing and enclosing certain Open Common Fields, Lands, and Grounds, in Brantingham and Thorpe Brantingham, in the Parish of Brantingham, in the East Riding of the County of York:” “An Act for dividing and enclosing the Open and Common Fields, Heath, and Waste Grounds, and Commonable Places, in the Lordship and Liberties of Draycot, in the Parish of Bourton, in the County of Warwick:” “An Act for dividing and enclosing the Common Fields and Common Grounds in the Manor and Parish of Densord, in the County or Northampton:” “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 Twywell, in the County of Northampton:” “An Act for” dividing and enclosing the Open and Common Fields, Common Meadows, and other Commonable Lands, within the Manor and Parish of Snitfield, otherwise Snitterfield, in the County of Warwick.” “An Act for dividing and enclosing the Open Lands and Grounds lying in the Parish of Bretserton, in the County of Worcester:” “An Act for dividing and enclosing the Common Fields, Commons, and Waste Grounds, in the Parish of Rothwell, in the County of Lincoln:” “An Act for dividing and enclosing the Common Fields and Grounds lying in the Parish of Lenchwick and Norton and the Borough of Evesham, in the County of Worcester:” “An Act for dividing and enclosing certain Pieces or Parcels of Land in the Parishes of Doncaster and Cantley; and for draining and preserving the said Lands, and also several other Lands and Grounds, in the several Parishes of Rossington and Wadworth, in the West Riding of the County of York:” “An Act for confirming the Allotments of, and for enclosing, the Common and several Waste Lands in the Manor and Parish of Sebraham, otherwise Sebergham, in the County of Cumberland:” “An Act for dividing and enclosing the Common called Scarning Common, and the Greens called Pound Green, Pope’s Green, and Bett’s Green, lying within the several Manors of Scarning Hall, Drayton Hall, and Northern Hall, Scarning Parva, Guntons, and Rougholme on the Part of Hoe, or some or One of them, and in the Parish of Scarning, in the County of Norfolk:” “An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, of and in the Parish and Liberties of Spratton, in the County of Northampton:” “An Act for dividing and enclosing the Commons and Waste Grounds within the Manor of Cropton, in the County of York; and for other Purposes therein mentioned:” “An Act for dividing, allotting, and enclosing, divers Parcels of Common or Waste Grounds, within the Manors of Appleton and Lymm, in the County of Chester:” “An Act for enclosing and dividing several Lands and Grounds in the Township of Kirkhammerton, in the Parish of Kirk hammerton, in the County of York:” “An Act for confirming and establishing an Exchange agreed to be made, between Thomas Holles Duke of Newcastle and Margaret Cavendish Dutchess Dowager of Portland, of several 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 flood settled:” “An Act for vesting an Estate called Woodlands, in the County of Wilts, belonging to the Master, Fellows, and Scholars, of the College called Clareball in the University of Cambridge, in William Earl of Shelburne and his Heirs:” “An Act for confirming and establishing an Agreement between the Master, Brethren, and Sisters, of the Hospital of the Lord Hastings of Loughborough, founded at Stoke Poges in the County of Bucks, and Thomas Penn Esquire, for exchanging certain Lands and Premises in Stoke Poges aforesaid; and for rendering the said Agreement more effectual for the Purposes thereby intended:” “An Act to enable Fanny Fowler Spinster, a Minor, to convey, assign, and settle, her Real and Personal Estate, in the Manner therein mentioned, on her intended Marriage with Sir Brooke Bridges Baronet:” “An Act for Sale of certain Lands in the County of Kent, settled upon the Rector of the Parish of Saint George Bloomsbury, in the County of Middlesex and for applying the Money arising thereby in Manner therein mentioned, for the Benefit of the said Rector:” “An Act to apply a certain Sum of Money, arising by the Sale of a House in Tetbury in the County of Gloucester, and by Donations of several Persons, for re-building the Parish Church and Chancel of Tetbury aforesaid:” “An Act for the Sale of Lands and Tenements in the County of Cumberland, late the Estate of William Dobinson Gentleman, deceased, for the Benefit of the Children of Joseph Banks, his Nephew, deceased:” “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:” “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: “An Act for naturalizing Henrietta Rosa Peregrina Townshend, Wife of James Townshend Esquire:” “An Act for naturalizing John His, John Henry Ernst, John Michael Platz and Rudolph Lemann:” “An Act for naturalizing Charles Frederick Hempel, James Janot, Christopher John Schultz, John Gottfried Klotz, Erdman Christopher Riemann, and Bernhard Johann Fleischman!” And albeit the said Acts by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, are fully agreed and assented into; yet, nevertheless, the same are not of Force and Effect in the Law, without Our Royal Assent given and put to the said Acts: And forasmuch as, for divers Causes and Considerations, We cannot conveniently at this Time be present, in Our Royal Person, in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects, the Lords and Commons; We have therefore caused these Our Letters Patent to be made, and have signed the same; and, by the same, do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions, therein contained; and have fully agreed and assented to the said Acts; willing, that the said Acts, and every Article, Clause, Sentence, and Provision, therein contained, from henceforth, shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly, in the Presence of you all, assetned to the same. And We do, by these Presents, declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal and Commons aforesaid, as to all others whom it may concern; commanding also, by these Presents, Our Right Trusty and Right Well-beloved Cousin and Counsellor Robert Earl of Northington Our Chancellor of Great Britain to seal these Our Letters Patent with Our Great Seal of Great Britain; and also commanding the most Reverend Father in God Our Right Trusty and Well-beloved Counsellor Thomas Archbishop of Canterbury Primate and Metropolitan of all England, Our said Chancellor of Great Britain, Our Right Trusty and Right Entirely-beloved Cousins and Counsellors John Duke of Bedford President of Our Council, George Duke of Marlborough Keeper of Our Privy Seal, Thomas Duke of Leeds, John Duke of Rutland Master of Our Horse, Lionel Duke of Dorset; Our Right Trusty and Right Well-beloved Cousins and Counsellors William Earl Talbot Steward of Our Household, Granville Earl Gower Chamberlain of Our Household, Francis Earl of Huntingdon Groom of Our Stole, John Earl of Sandwich One of Our Principal Secretaries of State, Hugh Earl of Marchmont, John Earl of Bute, George Dunk Earl of Halifax One other of Our Principal Secretaries of State, Hugh Earl of Northumberland Lieutenant General and General governor of Our Kingdom of Ireland, Simon Earl Harcourt; and Our Right Trusty and Well-beloved Counsellor William Lord Mansfield Our Chief Justice assigned to hold Pleas before Us, John Lord Level and Holland First Commissioner of Our Admiralty, and John Lord Ligomer; or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence, in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite and hath been accustomed for the same; and also to enrol these Our Letters Patent and the said Acts in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf. And, finally, We do declare and will, that, after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted, good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing, or Things, to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.
Witness Ourself, at Westminster. the Fifteenth Day of April, in the Fifth Year of Our Reign.
By the King Himself, signed with His own Hand.
Yorke & Yorke”

Then the Lord Chancellor said,

“In Obedience to His Majesty’s Commands, and by virtue of the Comission which has been now read, we do declare and notify to you the Lords Spiritual and Temporal and Commons in Parliment assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same, in the usual Form and Words.”

Then the Deputy Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow:

“1. An Act for the more effectual Preservation of Fish in Fish Ponds and other Waters, and Conies in Warrens; and for preventing the Damage done to Sea Banks within the County of Lincoln, by the breeding Conies therein.”

“2. An Act for enlarging the Terms and Powers of Two Acts, of the Thirteenth of George the First, and of the Sixteenth of His late Majesty, for repairing several Roads leading from the Town of Warminster, in the County of Wilts; and for amending several other Roads near the said Town; and for repealing so much of an Act made in the First Year of the Reign of His present Majesty, for repairing several Roads therein mentioned, in the said County, as relates to the Road within the Town of Heytesbury; and for other Purposes therein mentioned.”

“3. An Act for enlarging the Term and Powers of so much of an Act made in the Twenty-seventh Year of the Reign of His late Majesty, for repairing several Roads in the Counties of Dorset and Devon, as relates to the Road from Penn Inn in the County of Dorset, to the Workhouse at the East End of the Town of Honiton in the County of Devon, and to the Road from the lntrenchment on Askerwell Hill to Penn Inn, and from Bridport to Beamister; and for repairing and amending several other Roads, therein mentioned, in the Counties of Dorset and Devon,”

“4, An Act for repairing, widening, and keeping in Repair, the Road leading from the Turnpike Road on Hurst Green in the County of Sussex, through Etchingham and Burwash, to the Extent of the said Parish of Burwash in the said County.”

“5. An Act to “continue the Term, and alter and enlarge the Powers, of an Act passed in the Third Year of His present Majesty, for repairing, widening, turning, and keeping in Repair, the Road from the Town of Cambridge to Ely, and from thence to Soham; and for building a Bridge cross the River Ouze, at or near a Place called Stretham Ferry, in the County of Cambridge; and for repairing and widening and making several other Roads, adjoining to the Roads directed to be repaired and widened by the said Act.”

“6. An Act for repairing and widening the Roads leading from the Turnpike Road at Kipping’s Cross in the Parish of Brenchley in the County of Kent, through the Parishes of Brenchley, Horsmonsden, and Goudhurst, by the Left Hand Side of Iden Green, to the Turnpike Road on Wilsley Green in the Parish of Cranbrooke; and from a Place near Goudhurst Gore, through the Parish of Marden, to Stile Bridge in the said Parish; and from Underden Green in Marden aforesaid to Wanshutts Green in the County of Kent.”

“7. An Act for amending the Road from The Pinfold in Balby in the County of York, to Worksop in the County of Nottingham.”

“8. An Act to continue the Term, and enlarge the Powers, of an Act passed in the Second Year of the Reign of His present Majesty, for repairing and widening the Road from Mullen’s Pond in the County of Southampton, to the Eighteen Mile Stone from the City of Salisbury, and several other Roads in the said Act mentioned; and also for repairing and widening several other Roads leading out of the said Roads; and for other Purposes therein mentioned.”

“9. An Act for enlarging the Terms and Powers of several Acts, of the Ninth and Twelfth Years of Queen Anne, and of the Thirteenth of King George the First, and of the Fourteenth of His late Majesty, for repairing the Highways leading from Royston in the County of Hertford, to Wansford Bridge in the County of Huntingdon, so far as relates to the Middle and South Divisions of Roads comprised in the said Acts; and for amending the Road from the Town of Huntingdon to the Causeway at or near the West End of the Town of Somerham in the said County of Huntingdon.”

“10. An Act for repairing, widening, and keeping in Repair, the Road leading from the Turnpike Road at Wrotham Heath in the County of Kent, to the Turnpike Road leading from Croydon to Godstone in the County of Surrey

“11. An Act for repairing and widening the Road from Tonbridge to Maidstone, and from Watt’s Cross to Cowden, in the County of Kent

“12. An Act for repairing and widening the Roads from the South End of Newton Abbott to the Passage Way in Kinswear opposite Clifton Dartmouth Hardness, and from the End of a Lane leading out of the Turnpike Road between Newton Abbott and Totness towards Abbotts Kenswell to Five Lanes, and from Langvers Barn to the said Turnpike Road between Newton Abbott and Totnes, and from Galmpton Warborough to Monk’s Bridge and Brixham zuay, and from Langvers Barn to the North End of Paington Town, all in the County of Devon:

“13. An Act for amending and widening the Road from the Sign of The Coach and Horses in Birstall to the Turnpike Road at Nunbrook, and from Bradley Lane to the Town of Huddersfield, in the West Riding of the County of York.”

“14. An Act for repairing and widening the Roads from Keyberry Bridge to the Passage at Shalldon, and from the said Bridge to the Pier or Harbour of Torkey, in the County of Devon

“15. An Act for continuing the Terms of several Acts, and for giving further Powers, for repairing the Road leading from Chapel on the Heath in the County of Oxford, to Bourton on the Hill in the County of Gloucester

“16. An Act for enlarging the Powers of several Acts, for repairing the Road from Stump Cross to Newmarket Heath, and from the Town of Cambridge, and from Foulmire to Cambridge, and other Roads adjoining thereto, so far as the same relate to the Road from Foulmire to Cambridge, and the said other Roads adjoining thereto.”

“17. An Act for repairing, widening, and keeping in Repair, the Road from Welford Bridge in the County of Northampton, through Husband’s Bosworth and Great Wigston, to Milston Lane in the Town of Leicester.”

“18. An Act for repairing and widening the Road from Great Grimsby Haven, at or near a Place called The Upper Sand End, to Wold Newton Church, and from Nun’s Farm to the Mill Field in the Parish of Irby, in the County of Lincoln.”

“19. An Act for re-building the Parish Church of Alhallows on the Wall, in the City of London; and for re-building the House belonging to the Rector of the said Parish; and for purchasing several Pieces of Ground and Tenements thereon, to render the Passages to and from the said Church and House more commodious.”

“20. An Act for cleansing and lighting the Streets, Lanes, and Passages, within the Towns of Manchester and Salford in the County Palatine of Lancaster; and for providing Fire Engines and Firemen, and for preventing Annoyances, within the said Towns.”

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

Le Roy le veult.”

“21. An Act for dividing and enclosing the Open and Common Arable Fields, Meadows, Pastures, Commons, and Waste Grounds, in the Lordship and Parish of Flamborough, in the County of York

“22. An Act for dividing and allotting the Commons or Wastes, and the Common Fields, and Ings, in the Manor and Township of Evenngham, in the County of York; and for other Purposes therein mentioned.”

“23. An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, lying within the Townships and Hamlets Horley and Hornton, in the Parish of Horley aforesaid, in the County of Oxford

“24. An Act for dividing and alloting certain Open Fields, Meadows, and Stinted Pastures, in the Township of Fenton in the Parish of Kettlethorpe in the County of Lincoln, and a certain Free Common called The East Moor in the same Parish.”

“25. An Act for dividing and enclosing certain Common Fields, Meadows, and Common Pastures, in the Township and Parish of Newton in the County of Lincoln, and certain Rights of Pasture in Kettlethorpe in the said County.”

“26. An Act for dividing and enclosing the Common Fields, Common Meadows, Common Pastures Common Grounds, and Waste Grounds, of and in the Manor of Wellingborough, and of and in the Manor of Wellingborough formerly belonging to the College of Irtlingborough, and in the Parish of Wellingborough, in the County of Northampton

“27. An Act for dividing and enclosing the Open Common Fields and Meadows, Common Pastures, and other Commonable Lands, lying within the Parish of Lowdham, in the County of Nottingham

“28. An Act for dividing and enclosing several Open and Common Fields, Lands, and Grounds, in the Parish of Benton, in the East Riding of the County of York.”

“29. An Act for dividing and enclosing certain Open Common Fields, Lands, and Grounds, in Ellerker, in the Parish of Brantingham, in the East Riding of the County of York

“30. An Act for dividing and enclosing certain Open Common Fields, Lands, and Grounds, in Brantingham and Thorpe Brantingham, in the Parish of Brantingham, in the East Riding of the County of York.”

“31. An Act for dividing and enclosing the Open and Common Fields, Heath, and Waste Grounds, and Commonable Places, in the Lordship and Liberties of Draycot, in the Parish of Bourton, in the County of Warwick.”

“32. An Act for dividing and enclosing the Common Fields and Common Grounds in the Manor and Parish of Densord, in the County of Northampton.”

“33. 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 Twywell, in the County of Northampton.”

“34. An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and other Commonable Lands, within the Manor and Parish of Snitfield, otherwise Snitterfield, in the County of Warwick.”

“35. An Act for dividing and enclosing the Open Lands and Grounds lying in the Parish of Bretserton, in the County of Worcester.”

“36. An Act for dividing and enclosing the Common Fields, Commons, and Waste Grounds, in the Parish of Rothwell, in the County of Lincoln.”

“37. An Act for dividing and enclosing the Common Fields and Grounds lying in the Parish of Lenchwick and Norton and the Borough of Evesham, in the County of Worcester.”

“38. An Act for dividing and enclosing certain Pieces or Parcels of Land, in the Parishes of Doncaster and Cantley; and for draining and preserving the said Lands, and also several other Lands and Grounds, in the several Parishes of Rossington and Wadworth, in the West Riding of the County of York”.

“39. An Act for confirming the Allotments of, and for enclosing, the Common and several Waste Lands in the Manor and Parish of Sebraham, otherwise Sebcrgham, in the County of Cumberland.”

“40. An Act for dividing and enclosing the Common called Scarning Common, and the Greens called Found Green, Pope’s Green, and Bett’s Green, lying within the several Manors of Scarning Hall, Drayton Hall, and Northern Hall, Scarning Parva, Guntons, and Rougholme on the Part of Hoe, or some or One of them, and in the Parish of Seaming, in the County of Norfolk.”

“41. An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, of and in the Parish and Liberties of Spratton, in the County of Northampton.”

“42. An Act for dividing and enclosing the Commons and Waste Grounds within the Manor of Cropton, in the County of York; and for other Purposes therein mentioned.”

“43. An Act for dividing, allotting, and enclosing, divers Parcels of Common or Waste Grounds within the Manors of Appleton and Lymm, in the County of Chester.”

“44. An Act for enclosing and dividing several Lands and Grounds in the Township of Kirkham-merton, in the Parish of Kirkhammerton, in the County of York.”

“ 45. An Act for confirming and establishing an Exchange agreed to be made, between Thomas Holies Duke of Newcastle and Margaret Cavendish Dutchess Dowager of Portland, of several 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 flood settled.”

“46 An Act for vesting an Estate called Woodlands, in the County of Wilts, belonging to the Matter, Fellows, and Scholars, of the College called Clarehall in the University of Cambridge, in William Earl of Shelburne and his Heirs.”

“47. An Act for confirming and establishing an Agreement, between the Matter, Brethren, and Sisters, of the Hospital of the Lord Hastings of Loughborough, founded at Stoke Poges in the County of Berks, and Thomas Penn Esquire, for exchanging certain Lands and Premises in Stoke Poges aforesaid; and for rendering the said Agreement more effectual for the Purposes thereby intended.”

“48. An Act to enable Fanny Fowler Spinster, a Minor, to convey, assign, and settle, her Real and Personal Estate, in the Manner therein mentioned, on her intended Marriage with Sir Brooke Bridges Baronet.”

“49. An Act for Sale of certain Lands in the County of Kent, settled upon the Rector of the Parish of Saint George Bloomsbury, in the County of Middlesex; and for applying the Money arising thereby in Manner therein mentioned, for the Benefit of the said Rector.”

“50. An Act to apply a Certain Sum of Money, arising by the Sale of a House in Tetbury, in the County of Gloucester, and by Donations of several Persons, for re-building the Parish Church and Chancel of Tetbury aforesaid.”

“51. An Act for the Sale of Lands and Tenements in the County of Cumberland, late the Estate of William Dobinson Gentleman deceased, for the Benefit of the Children of Joseph Banks, his Nephew, deceased.”

“52. An Act to dissolve the Marriage of John Nixon with Hester Spencer his now Wile; and to enable him to marry again; and for other Purposes therein mentioned.”

“53. 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.”

“54. An Act for naturalizing Henrietta Rosa Peregrina Townshend, Wife of James Townshend Esquire.”

“55. An Act for naturalizing John His, John Henry Ernst, John Michael Platz, and Rudolph Le mann.”

“56. An Act for naturalizing Charles Frederick Hempel, James Janot, Christopher John Schultz, John Gottfried Klotz, Erdmann Christopher Riemann, and Bernhard Johann Fleischmann.”

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

Soit fait comme il est desiré.”

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Relief and Employment of the Poor, Bill.

The Order of the Day being read, for the House to be put again into a Committee upon the Bill, intituled.” “An Act for the better Relief and Employment of the Poor within that Part of Great Britain called England:

Ordered, That the House be put into a Committee upon the said Bill, on Monday next; and that the Lords be summoned.

Hamilton & al. Against Clements & al.

Ordered, That the Hearing of the Cause wherein Richard Hamilton Esquire and others are Appellants, and Nathaniel Clements Esquire and others are Respondents, which stands appointed for Monday next, be put off to Wednesday next; and the other Causes removed in Course.

Currency of Notes issued by the B ank in Scotland, to regulate, Bill.

Ordered, That the Second Reading of the Bill, intituled. “An Act for regulating the Currency and due Payment of Notes and Bills issued by the Banks, Banking Companies, and Bankers, in that Part of Great Britain called Scotland; and for restraining the Practice of issuing Notes and Bills for Sums less than Twenty Shillings, by such Banks, Banking Companies, and Bankers,” which stands appointed for Monday, be put off to Tuesday next; and the Lords summoned; and that the several Witnesses who were ordered to attend on Monday do attend on Tuesday next.

Cockerington Enclosure, Bill.

A Message was brought from the House of Commons, by the Lord Brownlowe Bertie and others:

With a Bill, intituled, “An Act for dividing and enclosing certain Open Common Arable Fields, in the Parishes of North Cockerington and South Cockerinigton, in the County of Lincoln;” to which they desire the Concurrence of this House.

Branston Enclosure, Bill.

A Message was brought from the House of Commons, by the Lord Robert Bertie and others:

With a Bill, intituled, “An Act for dividing and. enclosing the Fen Grounds, Moors, Sheepwalks, Wood Ings, Sike Closes, Open and Common Fields, and other Commonable Lands and Grounds, in the Parish of Branston, in the County of the City of Lincoln;” to which they desire the Concurrence of this House.

Winn’s Nat. Bill.

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

With a Bill, intituled, “An Act for naturalizing Sabine Louisse Winn;” to which they desire the Concurrence of this House.

Auckborough Enclosure, Bill.

A Message was brought from the House of Commons, by the Lord Brownlowe Bertie and others:

To return the Bill, intituled, “An Act for dividing and enclosing several Lands and Grounds in the Parish of Auckborough, in the County of Lincoln;” and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

Kent Street and Bermondley Road, Bill.

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

With a Bill, intituled, “An Act to amend several Acts, passed in the Fourth and Sixth Years of King George the First, and in the Eleventh and Twenty-fourth Years of King George the Second, for repairing several Roads from the Stones End in Kent Street and Bermondsey Street, Southwark, to Dartford, and to the Extent of the Parish of Lewisham next Bromley and Beckenham, in the County of Kent; and for extending the said Acts to the Repair of the Roads leading from the End of the present Turnpike to the West End of Stroud Green, and to Farnborough Well, and to the Stones End in London Street Greenwich, and to the North End of Burnt Ash Lane in the Parish of Lee, and from the West End of Greenwich Park Wail to Woolwich Warren; and for making an Allowance, out of the Tolls arising by the said Acts, to the Trustees for putting in Execution an Act of the Twenty-second Year of King George the Second, for opening and making a new Road, from the East End of New Street in the Parish of Saint John Southwark, to and through the several Places therein mentioned, and for keeping the said Road in Repair for the future:” to which they desire the Concurrence of this House.

Granburrow Enclosure, Bill.

A Message was brought from the House of Commons, by Sir Charles Mordaunt and others:

With a Bill, intituled, “An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Ground, in the Lordship and Liberties of Granburrow, in the County of Warwick,” to which they desire the Concurrence of this House.

Rector of Saint Christopher’s London, Glebe Lands to vest in the Governor &c. of the Bank, Bill.

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

With a Bill, intituled, “An Act for vesting certain Glebe Lands, belonging to the Rectory of the Parish Church of Saint Christopher in the City of London, in the Governor and Company of the Bank of England; and for making a Recompense to the Rector of the said Parish and his Successors, in Lieu thereof; and for obviating certain Doubts in an Act passed in the Thirty-third Year of His late Majesty, for widening certain Streets, Lanes, and Passages, within the City of London:” to which they desire the Concurrence of this House.

Dolman’s Estate, Bill.

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

To return the Bill, intituled, “An Act for selling Part of the settled Estates of Robert Dolman Esquire, in Por Klington and elsewhere, in the County of York, for discharging the Debts and Encumbrances of himself and Robert Dolman the Younger, his Eldest Son, affecting the same; and for making Provision for Robert Dolman the Younger, and for the Younger Children of Robert Dolman the Elder;” and to acquaint this House, that they have agreed to the same, without any Amendment.

Wrigglesworth &al. to sell Ayscough’s Estate, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, “An Act for making a partition of divers Lands and Hereditaments, in the Counties of Lincoln and York, late the Estate of Edward Ascough deceased, which, upon his Death, belonged to his Four Daughters and Coheirs; and for settling the Land’s and Hereditaments, to be allotted upon the said Partition, to the several Uses limited of their several undivided Shares thereof respectively,” 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 made several Amendments thereto.”

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

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

Emload Enclosure, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, “An Act for dividing and enclosing several Common Fields, Common Meadows, and Waste Grounds, in the Parish of Emload, in the County of Worcester” was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; 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 made One Amendment thereto.”

Which Amendment was read by the Clerk, as follows:

“Pr. 17, L. 33. Leave out from the Word [“unenclosed”] to the Word [“and”] in the 15th Line of the 19th Press.”

And the said Amendment, being read a 2d Time, was agreed to by the House.

Vernon’s Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for vesting the Barony or Manor of Shipbrook, in the County of Chester, Part of the Estate of Henry Vernon Esquire, comprised in his Marriage Settlement, in Trustees, to be fold, for raising Money to discharge the Debts and Encumbrances charged upon and affecting the same previous to the said Settlement; and for other Purposes therein mentioned.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Late Countess of Burlington’s Estate, for Sale of, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for vesting Part of the settled Estates of Dorothy late Countess Dowager of Burlington, lying in the Counties of Middlesex, York, and Lincoln, in Trustees, to be fold and conveyed in Manner therein mentioned; and for investing Part of the Money arising by such Sale in discharging a Mortgage Debt affecting the same Premises, and the Residue thereof in the Purchase of other Manors, Lands, and Hereditaments, to be settled to the same Uses as the said settled Estates do now stand limited, or so many of them as shall be then existing.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Howe and Sir E. Thomas to tell Phelp’s Estate, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for vesting Part of the Real Estate of Mary Phelps Widow, deceased, given and devised by her Will, in Trustees, to be fold, for Payment of Debts, Legacies, and Encumbrances.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Bristowe’s Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for Sale of the Estates comprised in the Marriage Settlement of John Bristow Esquire, in the County of Norfolk; and for applying the Monies arising thereby in” the Purchase of other Lands and Hereditaments, to be settled to the Uses contained in the said Settlement.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Message to H. C. with the Four preceding Bills.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Harris:

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

Edgworth against Edgworth;

A Petition of Moore Edgworth and Damer Edgworth, Minors, by John Magill Clerk, their Guardian, Respondents in a Cause depending in this House, wherein Edward Edgworth Esquire is Appellant, was presented, and read; setting forth, “That the Appellant exhibited his Appeal this Session to your Lordships, from Two Orders of the Court of Chancery in Ireland of the 24th of May 1760, and 1st of March 1763; that the said Appellant set down the said Appeal for Hearing without any previous Notice to the Petitioners; and the Petitioners, not having been served with the Order for Hearing, did not till very lately come to the Knowledge of its being so set down; that the Pleadings in this Cause are very voluminous, the Copies of which have been but very lately transmitted from Ireland; that, the Petitioners Title being derived under their late Father’s Will, which is impeached by the Appellant, the Petitioners will be under a Necessity of producing the original Will to their Lordships, which they have not yet been able to obtain from the proper Office, the Security required for the Delivery thereof (which is very large) not being adjusted when the last Letters came from Ireland;” and therefore praying, “That as it will be impracticable for the Petitioners, under their present Circumstances, to lay their Case properly before their Lordships; that the Hearing of this Cause may be adjourned till the next Session of Parliament.”

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

And being withdrawn:

Hearing put off the next Session.

Ordered, That the Hearing of this Cause be put off till the next Session, as desired.

Butler against Butlers.

The House was informed, “That George Cannon attended, in order to deliver in Copies of Records relating to a Cause depending in this House, wherein. John Butler Esquire is Appellant, and Bridget Butler his Wife is Respondent.”

Pleadings proved

And thereupon he was called in, and delivered the same at the Bar; and attested upon Oath, “They were true Copies, he having examined them with the originals the proper Offices in Ireland.”

And then he was directed to withdraw.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, vicesimum secundum diem instantis Aprilis; hora andécima Aurora, Dominis sic decernentibus.

Footnotes

1 Sic.
2 Sic.
3 origin. to.