House of Lords Journal Volume 31: January 1767

Die Veneris 16^o Januarii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Comimssioners of Land Tax of the County of Forsar against the E of Panmure & el.

The Answers of all the Respondents to the Five Appeals of the Commissioners of the Land Tax of the County of Forsar, were this Day brought in.

L. Sundridge introduced.

John Lord Marquis of Lorne, being, by Letters Patent, bearing Date the 22d Day of December, in the Seventh Year of His present Majestys Reign, created Baron Sundridge of Coombank, was (in his Robes) introduced, between the Lord Harwich and the Lord Milton (also in their Robes); the Yeoman Usher, Chester Herald (who officiated in the Absence of Garter King at Arms), and the Lord Great Chamberlain, preceding.

His Lordship, on his Knee, presented his Patent to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Writ of Summons was also read, as follows:

His Writ of Summons.

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 John Campbell of Coombank Chevalier, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present, at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice. And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.
Witness Ourself, at Westminster, the Twelfth Day of January in the Seventh Year of Our Reign.
Yorke and Yorke.

Then his Lordship came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Barons Bench.

Bp St. Davids fakes the Oaths.

Charles Lord Bishop of Saint Davids took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Aylon, Leave for a Bill, to take the Name of Tyrrell.

Upon reading the Petition of Sarah Aylon Spinster; praying Leave to bring in a Bill, to enable her to take the Name and Arms of Tyrrell, so long as the shall continue single:

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

Bill read.

Whereupon the Earl of Marchmont presented to the House a Bill, intituled, An Act to enable Sarah Aylon Spinster to take and use the Surname and Arms of Tyrrell.

The said Bill was read the First Time.

Harrwell against Townshend & al.

Upon reading the Petition and Appeal of Roderick Hartwell Esquire, One of the Co-heirs of Redmond Barry Esquire and Mary Barry his Sister, both deceased; complaining of an Order of the Court of Chancery in Ireland, of, the 17th Day of December 1766; and praying, That the same may be reversed and set aside; or that the Appellant may have such Relief in the Premises as the Nature and Circumstances of the Case may require; and that the Reverend Richard Townsend Clerk and Susanna his Wife, Elizabeth Dunscomb, Richard Barry, and Samuel Stegeley and Elizabeth his Wife, may be required to answer the said Appeal:

It is Ordered, That the said Richard Townsend and Susannah his Wife, Elizabeth Dunscomb, Richard Barry, and Samuel Sedgeley and Elizabeth his Wife, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 20th Day of February next; and Service of this Order upon the Clerks in Court or Solicitors or the said Respondents in the said Court of Chancery in Ireland shall be deemed good Service.

OGrady & al. against Lu. Kinsale & al.

Upon reading the Petition and Appeal of John OGrady Esquire and the Honourable Mary OGrady, otherwise De Courcy, his Wife, the Honourable Elizabeth Goraldina Mac Carthy otherwise De Courcy Widow, the Honourable Elinor Elizabeth Ann De Courcy Spinster, Michael Mac Carthy and Henry Sheares Esquires; complaining of Two Orders of the Court of Chancery in Ireland, of the 1st. Day of July 1765, and 4th of March 1766; and also of a Decree of the same Court, of the 27th Day of November 1766; and praying, That the same may be reversed; or that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that John Lord Baron of Kingsale John De Courcy, William De Courcy Michael De Courcy, James De Courcy, John De Courcy of Kilnaclowna, Dominick Sarsfield, James Glascock, and Charles Bernard, may be required to answer the said Appeal:

It is Ordered, That the said John Lord Baron of Kingsale and the said several Persons last named may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 20th Day of February next and Service of this Order upon the Clerks in Court, or Solicitors of the said Respondents. in the said Court of Chancery in Ireland shall be deemed good Service.

Tiverton, &c. Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to continue the Term, and render more effectual, an Act passed in the Thirty-first Year of His late. Majesty, for amending several Roads leading from the Town of Tiverton in the County of Devon; and for repairing and widening the Road from Brickley-bridge-Cross, over Brickley Bridge, to the Sign of The Swan in the Town of Silverton, and also the Road from Brickley Wood Cross to Ford Village Water in the said County.

The Question was put, Whether this Bill shall pass

It was Resolved in the Affirmative.

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

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

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

Dathwoods Bill.

Ordered; That the Committee to whom the Bill, intituled. An Act for making more effectual an Act passed in the Third Year of His present Majestys Reign, intituled, An Act for vesting Part of the settled Estates of Samuel Dashwood Esquire, in Trustees, for railing Money, to pay Debts and Encumbrances, and for providing an Equivalent or Compensation for the same to the Issue inheritable under his Marriage Settlement, stands committed, be revived, and meet on Wednesday next.

Commissioners of Land Tax of Forsar against E. of Panmure and Maule;

The House being moved, That a Day may be appointed, for hearing the Cause wherein the Commissioners of the Land Tax of the County of Forfar are Appellants, and William Earl of Panmure and John Maule Esquire and others are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

against E. of Panmure and Milne;

The House being moved, That a Day may be appointed, for hearing the Cause wherein the Commissioners of the Land Tax of the County of Forfar are Appellants, and William Earl of Panmure and James Milne, are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

against E. of Panmure and J. Stewart;

The House being moved, That a Day may be appointed, for hearing the Cause wherein the Commissioners of the Land Tax of the County of Forfar are Appellants, and William Earl of Panmure and James Stewart and others are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

against E. of Panmure and Aickman.

The House being moved, That a Day may be appointed, for hearing the Cause wherein the Commissioners of the Land Tax of the County of Forfar are Appellants, and William Earl of Panmure and James Aickman and others are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Burslem against Lewis.

A Petition of the Reverend James Burslem and Sarah his Wife, Appellants in a Cause depending in this House, to which David Lewis and others are Respondents, which stands appointed for Hearing, was presented, and read; setting forth, That, the Petitioners having omitted to read certain Accompts in the cause in the Court below, they are advised that the same cannot be read, or proved to your Lordships, (fn. 1) on the Hearing of this Appeal and therefore praying, That they may be at Liberty to withdraw their said Appeal, in order that the said Cause may be reheard in the Court of Chancery, and the said Accompts read and proved at the said Re-hearing, upon Payment of such Costs to the Respondents as to their Lordships shall seem meet; the Agent for the Respondents having signed the said Petition, as consenting thereto.

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

And being withdrawn:

Appellants to withdraw Appeal, on Payment of Costs.

Ordered, That the said Petitioners be at Liberty to withdraw their said Appeal, as desired, upon Payment of Thirty-five bounds Costs to the Respondents:

Commissioners of Land Tax of Forsar against E. of Panmure and Robertson.

The House being moved, That a Day may be appointed, for hearing the Cause wherein the Commissioners of the Land Tax of the County of Forfar are Appellants, and William Earl of Panmure and David Robertson and others are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum primum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Mercurii, 21^o Januarii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS

St. George against St. George.

The Answer of Sir Richard St. George Baronet, to the Appeal of the Reverend Arthur St. George and others, was this Day brought in

De Mages against Corneck; Wiit of Error.

The Lord Mansfield, Lord Chief Justice of the Court of Kings Bench, in the usual Manner, delivered in a Writ of Error wherein

Joseph de Mages is Plaintiff and James Corneck is Defendant.

Mercer Company Accompts delivered.

The House being informed, That Mr. Cawne, from the Mercers Company, attended:

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

The Accompts of the Wardens and Commonalty of the Mystery of Mercers of the City of London from path of October 1765, to the 10th of October 1766; directed to be laid before each House of Parliament by Two Acts, one of the 21ft Year of the Reign of His late Majesty King George the Second, intituled, An Act for the Relief of the Annuitants of the Wardens and Commonalty of the Mystery of Mercers of the City of London; and the other of the 4th Year of the Reign of His present Majesty King George the Third, intituled, An Act for the Relief of the Bond and other Creditors of the Wardens and Commonalty of the Mystery of Mercers of the City of London.

And then he withdrew.

And the Title thereof being read by the Clerk:

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

Chamberlain of London against Evan; Wilt of Error.

Counsel (according to Order) were called in, to be heard, in the Cause upon a Writ of Error brought into this House, in order to reverse a Judgement given by Commissioners Delegates appointed to hear the Errors in a Judgement given in the Sheriffs Court of London, and affirmed in the Court of Hustings, wherein the Chamberlain of the City of London is Plaintiff, and Allen Evans Esquire is Defendant.

And the Counsel for the Plaintiff having been heard:

Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Judges do then attend; and that the Counsel be called in at One of the Clock.

Starkie &al. Petition inferred to Judges.

Upon reading the Petition of Edmund Starkie Esquire, Le Gendre Starkie Esquire, Thomas Starkie Gentleman, William Starkie Merchant, Nicholas Starkie, Thomas Starkie, Edmund Starkie, and William Starkie, Sons of the before named William Starkie and Devisees named in the last Will and Testament of Pierce Starkie, late of Huntroyd in the County of Lancaster Esquire, deceased, and John Worthington Esquire Heir at Law of the said Pierce Starkie deceased; praying Leave to bring in a Bill, for Sale of certain Timber and Timber Trees in the Petition mentioned; and also to make Leases of certain Quarries, Mines, and Minerals, in the Petition also mentioned; and for laying out the Money arising thereby in the Purchase of other Lands, to be settled to the Uses in the Petition described:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Clive who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report, to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Barbor & al. Petition referred to Judges.

Upon reading the Petition of Benjamin Booth late of Nicholas Lane in the Parish of Saint Nicholas Aeons London, but now of Lincolns Inn Fields in the County of Middlesex Esquire and Jane his Wife, John Salway of Ludlow in the County Of Salop Esquire, Edward Salmey of the Parish of Richards Castle in the County of Salop Esquire, and Constance Salwey of Ludlow aforesaid Widow, Guardian of Theophilus Richard Salwey an Infant under the Age of Nine Years; praying Leave to bring in a Bill, for Sale of a Capital Messuage or Mansion-house in the Petition mentioned, with all the Lands and Hereditaments therewith held; and for laying out the Money arising thereby in the Purchase of other Lands, to be settled to the same Uses:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Clive; who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Lucas against Lte:

Upon reading the Petition of Edward Lucas Esquire and others, Appellants in a Cause depending in this House, wherein William Lee and others are Respondents, which stands appointed for Hearing; setting forth, That the Parties in this Cause have lately come to an Agreement touching the Matters in Question, and therefore praying, That they may be at Liberty to withdraw their said Appeal; the Respondents Agent having signed the said Petition, as consenting thereto;

Appellants to withdraw Appeal.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.

Ayon to take the Name of Tyrrell, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable Sarah Aylon Spinster to take and use the Surname and Arms of Tyrrell,

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

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

Puget to enter into Recognizance on OGradye Appeal.

The House being moved, That John Puget of Broad Street London Merchant may be permitted to enter into a Recognizance for John OGrady Esquire, on account of his Appeal depending in this House; he living in Ireland:

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

Cottar to enter into Ren cognizance on Hart well s Appeal.

The House being moved, That Lawrence Cottar of Villars Street York Buildings may enter into a Recognizance for Roderick Hartwell Esquire, on account of his Appeal depending in this House; he being in the Country:

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

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum secundum diem instantis Januarii, hora undecima Auroras, Dominis sic decernentibus.

Die Jovis, 22^oJanuarii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Chamberlain of London against Evans; Write of Error.

Counsel (according to Order) were called in, to be further heard, in the Cause upon a Writ of, Error brought into this House, wherein the Chamberlain of the City of London is Plaintiff, and Allan Evans Esquire Defendant.

And the Counsel for the Defendant having been heard;

As also One Counsel for the Plaintiff, by Way of Reply:

The Counsel were directed to withdraw.

And it being proposed, That the Judges be directed to deliver their Opinions upon the following Question;(videlicet).

Question to the judges.

Whether, upon the Facts admitted by the Pleadings in this Cause, the Defendant is at Liberty, or should be allowed, to object to the Validity of his Election, on account of his having not taken the Sacrament according to the Rites of the Church of England within a Year before, in Bar of this Action ?

The same was agreed to; and the said Question was accordingly put to the Judges.

Whereupon, the Judges desiring that some Time might be allowed them for that Purpose:

Ordered, That the further Hearing of the said Cause be adjourned till Tuesday next and that the Judges do then attend, to deliver their Opinions upon the said Question.

Causes removed.

Ordered, That the Cause, which (lands appointed to be heard To-morrow, be put off till Wednesday next; and that the rest of the Causes be removed in Course.

Dashwoods Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, An Act for making more effectual an Act palled in the Third Year of His present Majestys Reign, intituled, An Act for vesting Part of the settled Estates of Samuel Dashwood Esquire in Trustees, for raising Money to pay Debts and Encumbrances, and for providing an Equivalent or Compensation for the same to the lssue inheritable under his Marriage Settlement, 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 some Amendments thereto.

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

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

Hobson against Meade:

The House being informed, That George Cannon attended, in order to deliver in Copies of Pleadings and Proceedings in a Cause depending in this House, wherein Samuel Hobson and others are Appellants, and Samuel Meade is Respondent:

Pleading proved.

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 in the proper Offices in Ireland,

And then he withdrew.

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad et in diem Lun, vicesimum sextum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Lun, 26^o Januarii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Bp. of Oxford takes the Oaths.

Robert Lord Bishop of Oxford took the Oaths, and. made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Cranford Bridge to Maidenhead Bridge, &c. Road, Bill.

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

With a Bill, intituled, An Act to enlarge the Term and Powers of Two Acts, passed in the Thirteenth Year of King George the First, and the Seventeenth of His late Majesty, for repairing the Road from Cranford Bridge in the County of Middlesex, to that End of Maidenhead Bridge which lies in the County of Bucks; and for amending the Road from Slough to a certain Place in Eaton, and from Langley Broom to Datchet Bridge, in the County of Buckingham; ? to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bp. of Oxford desired to peach for the Bp. of Peterborough, he being ill.

The House being informed, That the Lord Bishop of Peterborough, who was desired to preach before this House on the 30th of this Instant January, is so ill, that it will be impossible for his Lordship to preach on that Day:

Ordered, That the Lord Bishop of Oxford be desired to preach in his room.

Master of Oriel College & al. Petition resumed to Judges.

Upon reading the Petition of the Chancellor, Mailers, and Scholars, of the University of Oxford, and of Chardin Musgrave Doctor in Divinity Provost of the House of The Blessed Mary the Virgin in Oxford commonly called Oriel College of the Foundation of Edward the Second, of Famous Memory, sometime King of England, and the Scholars of the same House praying Leave to bring in a Bill, for annexing the Rectory of Purleigh, in the County of Essex, to the Headship of Oriel College aforesaid:

It is Ordered, That the Consideration of the said. Petition be, and is, hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Adams; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Barbor & al. Petition referred to Judge.

Upon reading the Petition of Robert Barbor Esquire and Michael Mayo Gentleman; praying Leave to bring in a Bill, to enable the Petitioners to raise such Sum and Sums of Money, by Mortgage or Sale of such Parts of the Real Estates of Robert Barbor Esquire, deceased, as shall be sufficient to pay his Debts, Legacies, &c.; and for other Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive and Mr. Baron Perrott; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Dashwoods Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for making more effectual an Act passed in the Third Year of His present Majestys Reign, intituled, An Act for vesting Part of the settled Estates of Samuel Dashwood Esquire in Trustees, for raising Money to pay Debts and Encumbrances; and for providing an Equivalent or Compensation for the same to the Issue inheritable, under his Marriage Settlement.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Edwards and Mr. Lane:

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

Hotchkis to take the Name of Littler, Bill.

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

With a Bill, intituled, An Act to enable Thomas Hotchkis to take the Surname and Arms of Littler, pursuant to the Will of Thomas Hitler, deceased; to which they desire the concurrence of this House.

The said Bill was read the First Time.

Baumgartner Leave for a Nat. Bill:

Upon reading the Petition of John Lewis Baumgartner; praying Leave to bring in a Bill, for his Naturalization:

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

Bill read.

Whereupon, the Lord Delamer presented to the House, a Bill, intituled, An Act for, naturalizing John Lewis Baumgartner.

The said Bill was read the First Time

Swynford Bridge, Bill

Hodie 2^a vice lecta est Billa, intituled, An Act for building a Bridge cross the River Thames, from Swynford in. the County of Bucks, to Eynsham in the County of Oxford.

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

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

Adjourn.

Dominus Cancellarius, declaravit praesens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum septimum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Martis, 27^o Januarii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS

Chamberlain of London against Evans Writ of Error

The Order of the Day being read, for the further Hearing of the Cause wherein the Chamberlain of the City of London is Plaintiff, and Allen Evans Esquire is Defendant; and for the Judges to deliver their Opinions upon the Question proposed to them on Thursday last:

The Lord Chancellor acquainted the House That the Judges differed in their Opinions; and that they desired that further Time might be allowed them, for giving their Opinions upon the said Question.

Ordered, That the further Hearing of the said Cause be adjourned to this Day Sevennight; and that the Judges do then attend to deliver their Opinions upon the said Question.

Say, Printer of The Gazetteer, to attend.

Ordered, That Charles Say, in Newgate Street, Printer of the Gazetteer and New Daily Advertiser do attend this House, To-morrow.

Wicker & al. Petition referred to Judges,

Upon reading the Petition of John Wider of Horsham in the County of Sussex Esquire, James Colebrooke, George Weller, and William Langley, Esquires, praying Leave to bring in a Bill, for vesting certain settled Estates, in the Counties of Sussex, Surrey, and Kent, in the Petitioner John Wicker and his Heirs, discharged from the Uses and Limitations in the Petition mentioned; and for other Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Bathurst who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Respondents peremptorily to answer Cross Appeal of Carew.

The House being informed, That Noah Webb and others, Respondents to the Cross Appeal of Shapland Carew and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose;

And thereupon an Affidavit of Joseph whyte of the City of Dublin, Writing Clerk, of the due Service of the said Order, being read:

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

Message from H. C. to return the Bill for Su Tho. Delves to take the Name of Broughton.

A Message was brought from the House of Commons, by Sir Francis Vincent and others:

To return the Bill, intituled, An Act to enable Sir Thomas Delves Baronet and his Heirs Male to take the Name of Broughton; and to acquaint this House, that they have agreed to the same, without any Amendment.

D. of Queens berry and Dover Petition referred to Judges.

Upon reading the Petition of Charles Duke of Queens berry and Dover; praying Leave to bring in a Bill, for ratifying, confirming, and carrying into Execution, a Contract of Lease in the Petition mentioned, according to the true Intent and Meaning thereof:

It is Ordered; That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Bathurst, who are forthwith to summon all Parties concerned in the Bill and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

E. of Paresmure & al. Respondents to the Appeals of the Commissioners of the Land Tax of Forsar Petition for a Bye-day.

A Petition of the Respondents to Five Appeals of the Commissioners of the Land Tax of Forsar, which stand appointed to be heard after those already appointed, was presented, and read; setting forth, That the said Appeals are brought merely for the purpose of Delay, to deprive the Petitioners of one of the most valuable Rights attending their Freeholds, the Exercise of which must be suspended till the Divisions prayed for are made; and therefore praying, That Tuesday the 17th of February next may be appointed for hearing the said Cause, or such other early Day as to the House shall seem meet.

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

And being withdrawn:

Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 10th Day of February next.

Adjourn.

Dominis Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum octavum diem instantis Januarii, hora undecima Auror Dominis sic decernentibus.

Die Mercurii, 28^o Januarii.

Domini tam Sprituales quam Temporales prsentes fuerunt:

PRAYERS.

Lambert against Lambert.

The Answer of Catherine Lambert, by Francis Rolleston Esquire her Brother and next Friend, to the Appeal of Walter Lambert Esquire, was this Day brought in.

OGrady against Ld. Kinsale.

As was also, the Answer of the Right Honourable John Lord Baron of Kinsale and John De Courcy, William Dc Courcy, Michael De Courcy, and James De Courcy, his Sons, John De Courcy of Killnaclowna and Dominick Sarsfield, James Glascock, and Charles Barnard Esquire, to the Appeal of John QGrady Esquire and others.

Mr. Hill & al. petition reserved to Judges.

Upon reading the Petition of Elizabeth Hill Widow of Haydock Hill Timber-merchant, deceased, for herself and on the Behalf of Catherne Hill, Haydock Hill, James Hill, John Hill, Hentry Collett Hill and Nicholas Isaac Hill, her Children by the said Haydock Hill deceased, who are all Instants, and of Mary Hill Spinster, her Daughter, who hath attained her Age of Twenty-one Years praying Leave to bring in a Bill, for vesting Part of the Leasehold Houses and Tenements in the Petition mentioned, devised by the Will of Haydock Hill, in Trustees, to be fold and converted in to Money, to be applied for the Benefit of his Children and for other Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. (fn. 2) Justice Surythe; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges having perused the Bill, do sign the same.

Sir Charles Farnebys Petition refined to Judges.

Upon reading the Petition of Sir Charles Farneby Baronet, Eldest Son and Heir at Law, and likewise Devisee named in the Will, of Sir Thomas Farneby his late Father, deceased; praying Leave to bring in a Bill, for vesting the Third Part of the Petitioners Estates, in London and in the Counties of Oxford and Bucks, in the Petition mentioned, in. Trustees, to be sold; and for applying the Money arising thereby to the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and. Mr. Justice Clive; who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Sharpes Petition referred to Judges.

Upon reading the Petition of Fane William Sharpe Esquire praying Leave to bring in a Bill, for felling Part of the Estate comprised in his Marriage Settlement and to lay out the Money in a Purchase of other Lands and Hereditaments, to be settled to the like Uses:

It is Ordered That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Adams; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Ms. Dowdings Petition referred, to Judges.

Upon reading the Petition of Susannah Dowding of Avy Mary Lane, London, Widow, Relict of John Dowding formerly of St. Thomas the Apostles, London, but afterwards of Throgmorton Street, London, Gentleman, deceased; praying Leave to bring in a Bill, for vesting several Estates in the Petition mentioned, and the Inheritance in Fee Simple thereof, in Trustees, in Trust, to make Sale thereof; and for laying out the Money arising by such Sale, at Interest, in such Manner, and upon such Trusts, as in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive and Mr. (fn. 3) Justice Smythe who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion there upon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Hesketh & al Petition referred to Judges.

Upon reading the Petition of Fleetwood Hesketh of Rossall in the County of Lancaster Esquire and Frances his Wife, on Behalf of themselves and Bold Fleetwood Hesketh, Robert Hesketh, and Anna Marna Hesketh, their Infant Children, Roger Hesketh of Tulketh in the said County Esquire, Father of the said Fleetwood Hesketh, and Bennett Willams of the City of Chester Esquire and Sarah his Wife, late Sarah Hesketh Spinster, Daughter of the said Petitioner Roger Hesketh, on the Part and on Behalf of themselves and John Williams and Margaret Williams their Infant Children; praying Leave to bring in a Bill, for vesting certain Premises in Trustees, to be sold, for the Purposes in the Petition mentioned; and for other Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and. is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Perrott who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also chat the Judges, having perused the Bill, do sign the same.

Speirs & al against Peter.

Upon reading the Petition and Appeal of Alexander Speirs, Andrew Blackburn, and Andrew Syme, Trustees for the Creditors of James Dunlop, Merchant in Glasgow; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 18th of July and 21st of November 1766; and also of an Interlocutor of the Lords of Session there, of the 22d of January1767; and praying, That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that an Interlocutor of the Lord Ordinary, pronounced on the 27th of February 1766, may be affirmed; and that Thomas and Alexander Peter may be required to answer the said Appeal:

It is Ordered That the said Thomas and Alexander Peter may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 25th Day of February next; and Service of this Order upon any of the Procurators or Agents of the said Thomas and Alexander Peter before the Court of Session in Scotland shall be deemed good Service.

The House was moved, That the Standing Order of this House, of the 27th of February 1698, N^o 77, might be read.

And the same was accordingly read by the Clerk.

Complaint of a Paragraph in the Gazetteers;

Complaint was made to the House, of certain Paragraphs in a printed News Paper, intituled, The Gazetteer and New Daily Advertiser, Tuesday,27th January 1767, relative to a Cause depending in this House.

Whereupon the said Paragraphs were read by the Clerk.

Then Charles Say, the Printer of the said Paper (who was Ordered to attend) was called in.

And the said Paragraphs were shewn to him; and he was asked, How he came to print the same? and if he did not know, that it was a Breach of Privilege to print any Thing relative to the Proceedings of the House ?

Whereupon, he acquainted the House, That the said Paragraphs were sent to him, but by whom he cannot tell; and that he published them by Way of Argument; but did not think there was any Harm in so doing.

He was directed to withdraw.

Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That Charles Say, the Printer of The Gazetteer and New Daily Advertiser, Tuesday, January, 27th, 1767, having had the Insolence to print Paragraphs relating to a Cause depending in this House, in the said Paper, is guilty of a gross and insolent Breach of the Privilege of this House.

Say, the Printer, attached and fined.

Ordered by the Lords Spiritual and Temporal in Parliament assembled, That the said Charles Say do, for his said Offence, pay a Fine to His Majesty of One Hundred Pounds; and that he be taken into Custody of the Gentleman Usher of the Black Rod, until he pay the said Fine.

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

Southwark New Roads, Bill.

A Message was brought from the House of Commons, by Sir Francis Vincent and others:

With a Bill, intituled, An Act for enlarging the Term and Powers, granted by an Act passed in the Twenty-second Year of His late Majesty 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; and for repairing several other Roads adjoining thereto; to which they desire the Concurrence of this House.

Kencot Enclosure, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open Common Fields, and other Commonable Grounds, in the Parish of Kencott, in the County of Oxford;to which they desire the Concurrence of this House.

Pringle against Pringle.

After hearing Counsel in Part, in the Cause wherein Veronica Pringle Widow is Appellant, and John Pringle is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Counsel be called in at One oClock.

Aylon to take the Name of Tyrrell, Bill.

The Lord Delamer reported from the Lords Committees to whom the Bill, intituled, An Act to enable Sarah Aylon Spinster to take and use the Surname and Arms of Tyrrellwas committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum nonum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Jovis, 29^oJanuarii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS

Pringle against Pringle:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Veronica Pringle Relict of the deceased Mark Pringle of Crichton, and of Robert, Andrew, and mark Pringle, Children of the said Mark and Veronica Pringle; complaining of an Interlocutor of the Court of Session in Scotland, of the 28th of February 1765; and praying, That the same might be reversed, varied, or altered; or that the Appellants might have such other Relief in the Premises as to their Lordships should seem just: As also upon the Answer of John Pringle put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutor reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Interlocutor of the 28th of February 1765, as sustains the Reasons of Reduction of the Heritable Bond for One Thousand Pounds Sterling, granted by the said deceased Mark Pringle to the said Mark Pringle his Youngest Son, as being granted on Death-bed, as also of the First Codicil in Question subjoined to the last Will of the said deceased Mark Pringle, as being a Deed of a Testamentary Nature, be, and the same is hereby, reversed.

Vernon & al, petition referred to Judges.

Upon reading the Petition of the Honourable George Venables Vernon, and the Honourable Loursa Barbara Mansel only Child of the Right Honourable Bussy Lord Mansel deceased, on Behalf of themselves and Loursa Vernon their only Child, an Infant; praying Leave to bring in a Bill, to enable the Petitioners, or the Survivor of them, to grant a Lease to Chauncey Townshend Esquire of the Premises in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Clive who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and Whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition and also that the Judges, having perused the Bill, do sign the same.

Osborn & al. Petition referred to Judges.

Upon reading the Petition of Mary Osborn, Widow and Relict of John Osborn late of Sunbury in the County of Middlesex Yeoman, deceased, and of Stephen Nightingale of West Moulsey in the County of Surrey Yeoman, for himself and on the Behalf of Stephen Nightingale, John Nightingale, and William Nightingale his Three Sons, by Susanna Nightingale his late Wife, deceased, who are all Infants; praying Leave to bring in a Bill, for vesting certain Lands and Tenements in Trustees, to be fold and conveyed pursuant to a Contract in the Petition mentioned; and for laying out the Money in the Purchase of other Lands and Hereditaments, to be settled to the Uses therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Yeates; who are forth with to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Manby & al. Petition referred to Judges.

Upon reading the Petition of Mathew Pepper Manby of Denver in the County of Norfolk Esquire and Mary his Wife, in Behalf of themselves and Mary sane Manby, George William Manby and Elizabeth Annabella Manby, their Infant Children; praying Leave to bring in a Bill for selling the Messages, Tenements, Hereditaments, and Premises, or any Part or Parcel thereof, given and devised in add by Two Wills in the Petition mentioned; and for laying out the Money arising thereby in the Purchase of other Lands, Tenements, and Hereditaments, to be settled to the same Uses, or to be put out upon such Securities as Trustees shall think proper:

It is Ordered, That the Consideration of the said Petition be, and is hereby, refered to Mr. Baron Adam and Mr. Baron Perrott; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed, the Petition; and also that the Judges, having perused the Bill, do sign the same.

Chasins Petition referred to Judges.

Upon reading the Petition of George Chasin of Chettle in the County of Dorset Esquire and William Chasin of the same Place Clerk; praying Leave to bring in a Bill, for Sale of a Manor and Lands in Chettle, in the County of Dorset, and the Advowson of Chettle; and that the Money arising by such Sale may be, applied in discharging the Portions in the Petition mentioned; and for laying out the Surplus Money in the Purchase of other Lands to be settled to the like Uses:

It is Ordered, That the Consideration of the said Petition be, and, is hereby, referred to Mr. Justice Clive and Mr. Baron Perrott; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Dc Mages against Cornick:

Upon reading the Petition of James Corneck, Defendant in a Writ of Error depending in this House, wherein Joseph de Mages is Plaintiff; setting forth, That the Petitioner hath not assigned Errors within the Time limited by the Standing Order of the House; and therefore praying, in regard the said Writ of Error is brought merely for Delay, that the same may be Nonprosd, with such Costs as to their Lordships shall seem meet:

writ of Error Non prosd, with Costs.

It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired and that the Record be remitted to the Court of Kings Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Causes removed.

Ordered, That the Cause which stands for To-morrow be put off to Monday next; and that the other Causes on Cause-days be removed in Course.

St George against St. George.

The House being moved, That a Day may be appointed, for hearing the Cause wherein the Reverend Arthur St. George Doctor in Divinity and others are Appellants, and Sir Richard St. George Baronet is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Lambert against Lambert.

The House being moved, That a Day may be appointed, for hearing the Cause wherein Walter Lambert Esquire is Appellant, and Catherine Lambert by Francis Rolleston Esquire her Brother is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Cunyinghame against Dalrymple.

The House being moved, That a Day may be appointed, for hearing the Cause wherein John Cuninghame Esquire is Appellant, and Hew Dalrymple Esquire is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Aylon to take the Name of Tyrrell, Bill.

Hodie 3^a vice lecta est Billa intituled, An Act to enable Sarah Aylon Spinster to take and use the Surname and Arms of Tyrrell.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Edwards and Mr. Cudden:

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

Cranford Bridge to Maidenhead Bridge, &c. Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enlarge the Term and Powers of Two Acts, passed in the Thirteenth Year of King George the First, and the Seventeenth of His late Majesty, for repairing the Road from Cranford Bridge in the County of Middlesex, to that End of Maidenhead Bridge which lies in the County of Bucks; and for amending the Road from Slough to a certain Place in Eton, and from Langley Broom to Datchet Bridge, in the County of Buckingham.

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

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

Mr. Dighton, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Mrs. Dighton and Mr. Stracey; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting the Estate of James Lucy Dighton, an Infant, in the Parish of Sherborne, in the County of Oxford, in Trustees, to be sold; and for applying the Purchase-money for discharging Encumbrances affecting the same, pursuant to the Directions of the Court of Chancery.

Hotchkis to take the Name of Littler, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable Thomas Hotchkis to take the Surname and Arms of Littler, pursuant to the Will of Thomas Littler, deceased.

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

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

Kencott Enclosure, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Common Fields and other Commonable Grounds in the Parish of Kencott in the County of Oxford.

Southwark New Roads, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for enlarging the Term and Powers granted by an Act passed in the Twenty-second Year of His late Majesty King George the Second, for opening and making a new Road from the East End of New Street, in the Parish of Saint George, Southwark, to and through the several Places therein mentioned; and for keeping the said Road in Repair for the future; and for repairing several other Roads adjoining thereto.

Baumgartner Nat. Bill.

John Lewis Baumgartner took the Oaths appointed, in order to his Naturalization.

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing John Lewis Baumgartner.

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

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

Adjourn

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, tricesimum diem instantis Januarii, hora decima Auror, Dominis sic decernentibus.

Die Veneris, 30^oJanuarii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Then, in order to solemnize this Day; being appointed, by Aft of Parliament, to be observed as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First,

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, secundum diem Februarii jam prox. sequen. hora undecima Auror, Dominis sic decernentibus.