House of Lords Journal Volume 31: February 1767, 11-20

Die Mercurii, 11^o Februarii.

Domini tam Spiritual es quam Temporales prsentes fuerunt:

PRAYERS.

Meredith &al. against Leslie:

The Lord Chancellor acquainted the House, That, upon perusing the printed Cases in the Cause wherein Thomas Meredyth Esquire and others are Appellants, and the Reverend Henry Leslie Clerk and others are Respondents, which stands appointed to be heard this Day, his Lordship found it necessary for the Judges to attend upon the Hearing thereof.

Judges to attend.

Whereupon, Ordered, That the Hearing of the said Cause be put off to Monday next; and that the Judges do then attend.

Causes removed.

Ordered, That the Hearing of the Cause which Hands appointed for Friday next, be put off to the Wednesday following, and that the rest of the Causes be removed in Course.

Message from H. C. to return Dashwoods Bill.

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

To return 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 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; and to acquaint this House, that they have agreed to the same, without any Amendment.

Mandrots Nat. Bill.

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

With a Bill, intituled, An Act for naturalizing Samuel Mandrot; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

D of Queensberry & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of his Grace the Duke of Queensberry and Dover; 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 confirming a Contrast of Lease of Mines, between Charles Duke of Queensberry and Dover of the one Part, and Patrick Crawfurd, James Crawfurd, and Gilbert Meason, of the other Part, and for enabling the said Duke, and his Heirs of Entail, to grant Leases in Terms of the said Contract.

Committees appointed to consider of Improvements to the Avenues to the House.

Ordered, That all the Lords who have been present this Session be appointed a Committee, to consider of further Improvements to be made to the Avenues to this House; and to report what they shall think proper thereupon:

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

To enlarge the Time for Importation of Wheat from Europe, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for allowing the Importation of Wheat and Wheat Flour, free of Duty, from any Part of Europe, for a further Time than is allowed by any Act made in this Session of Parliament; and for permitting the free Importation of Barley, Barley-meal, and Pulse, into this Kingdom, for a limited Time.

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for punishing Mutiny, and Deserting and for the better Payment of the Army and their Quarters.

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

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

Vanden Berghs Nat. Bill.

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

Beckmans Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing Nicolas Francis Beckman.

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

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

Sandford Common, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open and Common Fields and Commonable Lands in the Parish of Sandford, in the Country of Oxford.

Chesterton common, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open and Common Fields, Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, lying within the Manor of Chesterton, in the County of Oxford.

Webb against Carew & a1. et & contra.

The House being moved, That a Day may be appointed, for hearing the Cause wherein Noah Webb Esquire is Appellant, and Shapland CarewEsquire and others are Respondents; et e contra:

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 & in diem Jovis, duodecimum diem instantis Februarii, hora undecima Aurora, Dominis sic decernentibus.

4th January, 1768.

Hitherto examined by us, the following Interlineations appearing:

Die Jovis, 12^o Februarii.

Domini tam Spirituales quam Temporales praesentes fuerunt:

PRAYERS.

Sandford Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open and Common Fields and Commonable Lands in the Parish of Sandford, 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 Mondaynext, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Chesterton Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open and Common Fields, Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, lying within the Manor of Chesterton, in the County of Oxford.

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

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

To enlarge the Time for Importation of Wheat, &c. from Europe, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for allowing the Importation of Wheat and Wheat Flour, free of Duty, from any Part of Europe, for a further Time than is allowed by any Act made in this Session of Parliament; and for permitting the free Importation of Barley, Barley-meal, and Pulse, into this Kingdom, for a limited 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 Mondaynext.

Mandiots Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing Samuel Mandrot.

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

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

Vanden Berghs Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing Christoffell Vanden Bergh, an Infant

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. Edwardsand Mr. Cudden:

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

Swettenham to take the Name of Willis, Bill.

The Lord Sandys(pursuant to an Order of Leave of the 2d of this Instant February) presented to the House a Bill, intituled, An Act to enable Thomas Willis Esquire (lately called Thomas Swettenham) and his Issue to take, use, and bear, the Surname and Arms of Willis, pursuant to the Will of Daniel Willis Esquire, deceased.

The said Bill was read the First Time.

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, u An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.

After some Time, the House was resumed.

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

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad & in diem Lun, decimum sextum diem instantis Februarii, hora undecima Aurora?, Dominis sic decernentibus.

Die Lun, 16^o Februarii.

Domini tam Spirituales quam Temporales praesentes fuerunt:

PRAYERS.

Ramsay against Drummond.

Upon reading the Petition and Appeal of Allan Ramsayof Kinkell; complaining of an Interlocutor of the Lords of Session in Scotland, of the Roth of February1767; and praying, That the same may be reversed, varied, or altered; or that the Appellant may have such other Relief in the Premises as to this House in their Lordships great Wisdom mail seem meet; and that Henry DrummondEsquire may be required to answer the said Appeal:

It is Ordered, That the said Henry Drummondmay have a Copy of the said Appeal; and do put in his Answer thereto, in Writing, on or before Mondaythe 16th Day of Marchnext; and Service of this Order upon any of the Counsel or Agents of the said Respondent in the said Court of Session in Scotland shall be deemed good Service.

Ramsay against Irvine.

Upon reading the Petition and Appeal of Allan Ramsayof Kinkell;complaining of an Interlocutor of the Lords of Session in Scotland, of the 10th Day of February1767; and praying, That the same may be reversed, varied, or altered; or that the Appellant may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem just and that James Irvineof KincausieEsquire may be required to answer the said Appeal:

It is Ordered, That the said James Irvinemay have a Copy of the said Appeal; and do put in his Answer thereto, in Writing, on or before Mondaythe 16th Day Day of Marchnext; and Service of this Order upon any of the Counsel or Agents of the said Respondent in the said Court of Session in Scotland shall be deemed good Service.

Seymour, Amyatt, & al. Inhabitants of Totnes, Petition for the Duke of Bolton to waive his Privilege.

Upon reading the Petition of Henry SeymourEsquire and John Amyatt;setting forth, That the Petitioners, in Behalf of themselves and many other Inhabitants of the Borough of Totnossin the County of Devon, are advised to bring a Bill, in the High Court of Chancery, against the most Noble HarryDuke of Bolton, to establish their Right, and restrain his Grace from altering or destroying the ancient Course of a Water-course, granted by the most honourable u Charlesheretofore Marquis of Winchester, deceased, for the Benefit of the said Town; that the Petitioners have made the most respectful Applications to his Grace, humbly requesting that he would permit the Petitioners to proceed in such Suit during the Sitting of Parliament; but the Petitioners have not been able to procure his Graces Consent to such their humble Request; and therefore praying, That the said HarryDuke of Boltonmay be permitted to waive his Privilege, in so far as concerns restoring the Possession of the said Water-course, until the Question of Right may be tried; or that the Petitioners and their Agents may be at Liberty to proceed in the said Suit against his Grace, during the Sitting of Parliament, without incurring the Displeasure of the House:

It is Ordered, That the said Petition be taken into Consideration on Thursdaythe 12th of Marchnext; and that the Lords be summoned.

Chesterton Common, Bill.

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

Sandford Common, Bill.

The Lord Sandysalso made the like Report from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing certain Open and Common Fields and Commonable Lauds, in the Parish of Sandford, in the County of Oxford, was committed.

Mandrols Nat. Bill.

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

Skipton Common, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing Halton Green, and for disposing of other Grounds, within the Township of Halton East, in the Parish of Skipton, in the County of York; to which they desire the Concurrence of this House.

Old alias Would Common, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, Lanes, and Walle Grounds, within the Manor and Parish of Old, otherwise Would, in the County of Northampton; to which they desire the Concurrence of this House.

Meyers Nat. Bill.

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

With a Bill, intituled, An Act for naturalizing Leonard Meyer; to which they desire the Concurrence of this House.

Carlisle, &c. Common, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing a certain Common Moor, called Carlisleand Cummersdale Moor, in the County of Cumberland; to which they desire the Concurrence of this House.

Meredith & al against Leslie.

After hearing counsel in Part, in the Cause wherein Thomas MeredythEsquire and others are Appellants, and the Reverend Henry LeslieClerk is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till Tomorrow; and that the Judges do then attend.

D. of Queensberrys Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for confirming a Contract of Lease of Mines, between CharlesDuke of Queensberryand Doverof the one Part, and Patrick Crawfurd, James Crawfurd, and Gilbert Meason, of the other Part; and for enabling the said Duke, and his Heirs of Entail, to grant Leases in Terms of the said Contract.

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

Their Lordships, or any Five of them; to meet on Tuesdaythe 3d Day of Marchnext, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

To enlarge the Time for Importation of Wheat, &c. from Europe, Bill.

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, An Act for allowing the Importation of Wheat and Wheat Flour, free of Duty, from any part of Europe, for a further Time than is allowed by any Act made in this Session of Parliament; and for permitting the free Importation of Barley, Barley-meal, and Pulse, into this Kingdom, for a limited Time.

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

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad & in diem Martis, decimum septimum diem instantis Februarii, hora undecima Aurorae, Dominis sic decernentibus.

Die Martis, 170 Februarii.

Domini tam Spirituales quam Temporales praesentes fuerunt:

PRAYERS.

Dightons Bill.

The Lord Botetourtreported from the Lords Committees to whom the Bill, intituled, An Act for vesting the Estate of James Lucy Dighton, an Infant, in the Parish of Sherborn, in the County of Oxford, in Trustees, to be fold; and for applying the Purchase Money for discharging Encumbrances affecting the same, pursuant to the Directions of the Court of Chancery, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the fame to the House, without any Amendment.

Ordered, That the said Bill be engrossed.

Meredith &al against Lethe:

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Thomas MercdythEsquire and others are Appellants, and Henry LesheClerk is Respondent.

And the Counsel for the Respondent having been fully heard;

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

The Counsel were directed to withdraw.

Question to the Judges; and their Answers

And it being proposed, That the Judges be directed to deliver their Opinions upon the following Questions; videlicet,

A.Tenant for Life, Remainder to Trustees to preserve the contingent Remainders, Remainder to his First and every other Son in Tail Male, Remainder to his Daughters in Tail General, Remainder to the Heirs of his Body, with Remainders over.

A. suffers a Recovery, with single Voucher; being himself Tenant to the Writ.

Q. Whether this Recovery is good, to bar the Remainders expectant upon the Estate Tail of A.or whether it is cured by the Irish Act of the 21 st of King Georgethe Second?

If the Recovery be good, upon the First Question; then,

Q. Whether, upon the Facts disclosed in this Cause, the Lands in Jointure to Judith, and in Mortgage to Partington, be passed thereby?

The same was agreed to:

And the said Questions were accordingly put to the Judges.

Whereupon the Lord Chief Justice of the Court of Common Pleas, having conferred with the Judges present, delivered their unanimous Opinion,

That the Recovery with single Voucher does not bar the Remainders over, and is not cured by the IrishAct of the 21st of King Georgethe Second.

And gave the Reasons.

Then the following Order and Judgement was made:

Judgement.

After hearing Counsel, as well Yesterday as this. Day, upon the Petition and Appeal of Thomas More-dythEsquire, the Right Honourable Nathaniel Clements, Thomas Gleadowand Edward GleadowEsquires, which Appeal was, by an Order of this House of the 17th of November1766, revived in the Names of Teressa GleadowWidow, Maty Ann GleadowSpinster, and William Gleadow, Executors of the said Thomas Gleadaw;complaining of a Decree of the Court, of Chancery in Ireland, of the 23d Day of February1765; and of Two Orders of the said Court, of the 24th of November1759, and 7th of May1760; and praying, That the same might be reversed, or that the Appellants might have such Relief in the Premises as to this House in their Lordships great Wisdom should seem meet: As also upon the Answer of the Reverend Henry LesheClerk and Cathernehis Wife, and William Brownlowe, put in to the said Appeal; and after hearing the unanimous Opinion of the Judges present, upon the First of the Two Questions of Law put to them; and due Consideration had of what was offered on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled,

That to much of the said Decree and Orders of the said Court of Chancery in Irelandas is complained of be, and the same is hereby, reversed: And it is further Ordered, That the Respondents Bill, so far as it seeks to charge the Lands comprised in the Settlement of the 22d of September1701, with a Jointure and Legacies under the Will of Charles Meredyfh.be dismissed.

Causes removed.

Ordered, That the Cause which stands for hearing Tomorrow be put off to Fridaynext; and that the Cause which stands for Fridaynext be put off to Mondaynext; and that the rest of the Causes be removed in Course.

Carlisle, &c. Common, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing a certain Common Moor, called Carlisleand Cummersdale Moor, in the County of Cumberland.

L. Ellibark & al. against Sir J. Gordon,

Upon reading the Petition and Appeal of PatrickLord Ellibank, William Fraserof Balnain, Roderick Mc Lordof Cadbol, Charles Urquhartof Braelangwell, William Andersonof Udal, William JohnstonAdvocate, Henry Davidsonof Tulloch, Alexander Fraserof Culduthill, Hugh Roseof Aitnoch, James CrawfordWriter in Edinburgh, William Fraserof Ardochie and Mr. David Rossof InverchaslyAdvocate, David RossCommissary Clerk of Ross, Roderick Mc LordWriter in Edinburgh, and David Rossin Cadbol; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 18th and 20th of December1766, and also of an Interlocutor of the Lords of Session there, of the 11th of February1767; 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 Sir e John Gordonof InvergordonBaronet may be required to answer the said Appeal:

It is Ordered, That the said Sir John Gordonmay have a Copy of the said Appeal; and do put in his Answer thereto, in Writing, on or before Tuesdaythe 17th Day of Marchnext; and Service of this Order upon the Procurators or Agents of the said Respondent in the said Court of Session in Scotlandshall be deemed good Service.

Capel & al. against M. Carthy & al

Upon reading the Petition and Appeal of Joseph Capel, late a Captain in His Majestys Twenty-eighth Regiment of Foot, and now of Cloghroein the County of Corkeand Kingdom of IrelandEsquire, and Elizabeth Capelotherwise Mc Cartbyhis Wise, which said Elizabethis only Sister and Heir at Law of Justin Mc Car thyEsquire, deceased, complaining of a Decretal Order of the Court of Chancery in Ireland, of the 3d Day of February1767; and praying, That the same may be reversed or altered; or that the Appellants may have such Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that Charles Mc Carthy, Edward Her bert, Henry Shears, and Michael Mc Carthy, Justin Mc Carthy, Edward Vaughan, John Galway, and Dennis Mc Carthy, may be required to answer the said Appeal:

It is Ordered, That the said Charles Mc Carthy, Edward Herbert, Henry Shears, and Michael Mc Carthy, Justin Mc Carthy, Edward Vaughan, John Galway, and Denis Mc Carthy, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesdaythe 23d Day of Marchnext; and Service of this Order upon the Clerk in Court of chancery in Ireland shall be deemed good or Agent of the said Respondents in the said Service.

Van Teylingens Nat. Bills

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

With a Bill, intituled, An Act for naturalizing Theodore Van Teylingen, an Infant; to which they desire the Concurrence of this House.

Ingleton Common, Bill.

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

With a Bill, intituled, An Act for dividing, allotting, and enclosing, such Part of certain Commons and Waste Grounds, called Bentham Moor, as lieth within the Manor of Ingleton, in the West Ridingof the County of York; to which they desire the Concurrence of this House.

Mutiny Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Chesterton Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open and Common Fields, Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, lying within the Manor of Chesterton, in the County of Oxford

The Question was put, Whether this Bill shall Pass?

It was Resolved in the Affirmative.

Sandford Common, Bill;

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open and Common! Fields and Commonable Lands in the Parish of Sandford, in the County of Oxford.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Mandiots Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing Samuel Mandrot

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Four preceding Bills.

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

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

Swettenham to take the Name of Willis, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable Thomas WillisEsquire (lately called Tho mas Swettenham) and his Issue to take, use, and bear, the Surname and Arms of Willis, pursuant to the Will of Daniel WillisEsquire, deceased.

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

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

To enlarge the Time for Importation of Wheat, &c. from Europe, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, An Act for allowing the Importation of Wheat and Wheat Flour, free of Duty, from any Part of Europe, for a further Time than is allowed by any Act made in this Session of Parliament; and for permitting the free Importation of Barley, Barley-meal, and Pulse, into this Kingdom, for a limited Time.

After some Time, the House was resumed.

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

Adjourn.

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

Die Mercurii, 18^o Februarii.

Domini tam Spirituales quam Temporales praesentes fuerunt:

PRAYERS.

Botley Road, Bill.

A Message was brought from the House of Commons, by Sir Roger Newdigateand others:

With a Bill, intituled, An Act for repairing and widening the Road from the West End of Thames Streetin the City of Oxford, over Botley Causeway, to the Turnpike Road near Fifieldin the County of Berks; to which they desire the Concurrence of this House.

The said Bill was read the First Time,

L. Harwich takes the Oaths.

WillsLord Harwichtook the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first, at the Table, delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Koe and Wolfes Nat. Bill.

A Message was brought from the House of Commons, by Sir farrit Smithand others:

With a Bill, intituled, An Act for naturalizing fohn Koeand George Wolfe; to which they desire the Concurrence of this House.

Radnor, &c. Roads, Bill.

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

With a Bill, intituled, An Art for amending, repairing, and widening, several Roads in the Counties of Radnorand Hereford;to which they desire the Concurrence of this House.

Tallow Duties, to discontinue, Bill.

A Message was brought from the House of Commons, by Sir Joseph Mawbeyand others:

With a Bill, intituled, An Act to discontinue, for a limited Time, the Duties payable upon the Importation of Tallow, Hogs Lard, and Grease; to which they desire the Concurrence of this House.

The said Three Bills were read the First Time.

Beckmans Nat. Bill.

The Lord Botetourtreported from the Lords Committees to whom the Bill, intituled, An Art for naturalizing Nicolas Francis Beckman was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Dightons Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for vesting the Estate of James Lucy Dighton, an Infant, in the Parish of Sherborn, in the County of Oxford, in Trustees, to be fold; and for applying the Purchase Money for discharging Encumbrances affecting, the same, pursuant to the Directions of the Court of Chancery.

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. Edwardsand Mr. Lane:

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

To enlarge the Time for Importation of Wheat, &c. from Europe, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for allowing the Importation of Wheat and Wheat Flour, free of Duty, from any Part of Europe, for a further Time than is allowed by any Act made in this Session of Parliament; and for permitting the free Importation of Barley, Barley-meal, and Pulse, into this Kingdom, for a limited Time.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

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

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

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

Ingleton Common, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing, allotting, and enclosing, such Part of certain Commons and Waste Grounds, called Bentham Moor, as lieth within the Manor of Ingleton, in the West Bidingof the County of York.

Meyers Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for naturalizing Leonard Meyer.

Van Teylingens Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for naturalizing Theodore Van Teylingen, an Infant.

Old alias Would Common, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, Lanes, and Waste Grounds, within the Manor and Parish of Oldotherwise Would, in the County of Northampton.

Skipton Common, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing Halton Green, and for disposing of other Grounds, within the Township of Halton East, in the Parish of Skipton, in the County of York:

Carlisle. &c Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing a certain Common Moor, called! Carlisleand Cummersdale Moor, in the County of Cumberland

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

PRAYERS

Their Lordships, or any Five of them; idmeet on Mondaynext, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please:

French against Sir U. Blaket.

Upon reading the Petition of Ann French, Appellant in a Cause depending in this House, to which Sir Ulick BlakeBaronet and others are Respondents, which stands appointed to be heard on FridaySevennight; setting forth, That, the said Appeal having abated by the Death of Sir Ulick Blake, One of the Respondents, the House was pleased, by Order of the 19th of Novemberlast, with the Consent of all the Respondents, to put off the Hearing till after the Causes then appointed, in order to give the Petitioners an Opportunity of reviving; that Sir Ulickdied intestate, and great Impediments have arisen to the Grant of Administration of his Effects; but, by Information lately received by the Respondent Lady Blake, there is the greatest Reason to apprehend such Administration has been, or will be soon, granted to her Ladyship, though no certain Advice has yet been received thereof; and therefore praying, That the Hearing of the said Cause may be further adjourned for a Fortnight from the Day on which! the same now stands for Hearing, or to such other more convenient Day as to their Lordships shall seem meet; the Agents for the Respondents having signed the said Petition, as consenting thereto:

It is Ordered, That the Hearing of the said Cause be put off to Fridaythe 13th Day of Marchnext, as desired.

Chapman against Brown, Writ of Error; Judged to attend.

Ordered, That the judges do attend this House on Mondaynext, upon arguing the Errors assigned upon the Writ of Error wherein Cornelius Chapman, on the several Demises of Richard OliverGentleman and his Wife and others, is Plaintiff, and Margaret BrownWidow and others are Defendants.

Kennlon against Glynn and Halifax; Was of Error, Non-prosd, with Costs.

Upon reading the Petition of Sir Richard GlynBaronet and Thomas Halifax, Defendants in a Writ of Error depending in this House wherein John Kennsonis Plaintiff; setting forth, That the Plaintiff hath not assigned Errors within the Time limited by the Standing Order of this House; and therefore praying, That the said Writ of Error may be non prosd, with such Coils as to their Lordships shall seem meet:

It is Ordered, That the Petitioner do forthwith enter a Non prof, 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 said Defendants, the Sum of Twenty Pounds, for their Costs by reason of the Delay of the Execution of the said Judgement.

Starkies Bill.

Ordered, That the Sitting of the Committee upon the Bill, intituled, An Act to enable the Devisees for Life, named in the Will of Pierce StarkieEsquire, deceased, and Trustees, to cut down and fell Timber upon the Freehold and Copyhold or Customary Estates late of the said Pierce Starkie, in the Counties of York and Lancaster; and to grant Leases of the Quarries, Mines, and Minerals, within the Freehold Estates late of the said Pierce Starkie, in the same Counties; and to invest the Monies arising therefrom in the Purchase of Lands and Hereditaments, to be settled to the Uses of the said Will, which is appointed for Tomorrow, be put off to Fridaynext.

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad & in diem Veneris, vicesimum diem instantis Februarii, hora undecima Aurora?, Dominis lie decernentibus.

Die Veneris, 20 Februarii.

Domini ram Spirituales quam Temporales praesentes fuerunt:

PRAYERS.

Robb against Hunter & al

The Answer of Robert Hunter, William Thomson, and James Boyter, to the Appeal of Robert Robband others, was this Day brought in.

Martin against Ramsay & al.

As Was also, the Answer of Peter Ramsay, Andrew Wilson, John Brown, Robert Dick, James Nairne, Cohn Fowler, and John Henderson, to the Appeal of Thomas Martinand others.

Swettenham, to take the Name of Willis, Bill.

The Lord Sandysreported from the Lords Committees to whom the Bill, intituled, An Act to enable Thomas WillisEsquire (lately called Thomas Swettenham) and his Issue to take, use, and bear, the Surname and Arms of Willis, pursuant to the Will of Daniel WillisEsquire, deceased, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Ordered, That the said Bill be engrossed.

Ld. Ellibank & al. against Sir J Gordon.

The Answer of Sir John GordonBaronet, to the Appeal of PatrickLord Ellibankand others, was this Day brought in.

Knox against Kelly & al.

After hearing Counsel, upon the Petition and Appeal of William Knoxof the City of DublinEsquire; complaining of an Order of Dismission of the Court of Chancery in Ireland, of the 25th Day of June,1765;and praying, That the same might be reversed, or that the Appellant might have such Relief in the Premises as to this House in their Lordships great Wisdom should seem fit. As also upon the Answer of William Fallon, John Fallon, Jane Fallon, Bryan Kelly, Edmond Costollo, and John Irwin, put in to the said Appeal; and due Consideration had of what was offered on either Side in this cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Order therein complained of be, and the same is hereby, affirmed.

Willoughbys Petition, climbing the Barony of Willoughby of Parham:

The Lord Wycombe(by His Majestys Command) presented to the House a Petition of Henry WilloughbyEsquire, claiming the Barony of Willoughby of Parham, together with His Majestys Reference thereof to this House, and the Report of His Majestys Attorney General annexed.

Which Petition and Reference were read by the Clerk, as follow:

To the Kings most Excellent Majesty.

The humble Petition of Henry WilloughbyEsquire;

Sheweth,

That Sir William WilloughbyKnight, Son and Heir of Christophera Younger Son of Lord Willoughby of Eresby, was, by Letters Patent under the Great Seal of England, bearing Date the 16th Day of Februaryin the First Year of the Reign of King Edwardthe Sixth, created Lord Willoughby of Parham, to hold to him and the Heirs Male of his Body; and was succeeded in the said Honour by his Son Lord Chariest

That the said Lord Charleshad Issue Five Sons, videlicet, William, Sir Ambrose, Edward, Charles, and Sir Thomas; and was succeeded in the Honour by his Grandson Lord William, Son and Heir of the said Williamhis Full Son.

That the Heirs Male of the said William, First Son of Lord Charles enjoyed the said Honour, and sat as Peers in Parliament successively, until the Year 1680, when Lord Charles, the last-surviving Heir Male of that Line, died without Issue Male, and thereby the Line of the said WilliamFirst Son of Lord Charles, became extinct.

That thereupon Your, Petitioners Grandfather Henry, the only Son and Heir of Edward, who was the only Son and Heir of the said Sir Ambrose, Second Son of the first-named Lord Charles, became rightfully entitled to the Honour and Title of Lord Willoughby of Parham.

That, in the said Year 1680, and for some Years before, Your Petitioners said Grandfather was settled in Virginia, and died there in 1685, ignorant of the Failure of the Issue Male of the Elder Branch, descended from the first-named Lord Charles; and left Issue Your Petitioner s Father, his only Son, then an Infant.

That Your Petitioners Grandfather and his Infant Son being, in the Year 1680, the only Male Defendants of the said Sir Ambrose Willoughby, Second Son of Lord Charles; and Your Petitioners Grand father not appearing to claim the said Honour; and Edwardand Charlesthe Third and Fourth Sons of the said Lord Charlesbeing long before dead without Issue; Thomas Willoughby, the only Son of Sir Thomas Willoughby, the Youngest Son of Lord Charles, claimed the said Honour, and took his Seat in Parliament on the 21 st of October1680.

That the Descendants of the said Thomassat in Parliament, as the Lord Willoughby of Parham, until the last Hugh, who sat in Parliament by that Title, and died without Issue in the Month of January1765; by whose Death the Issue Male of Sir Thomas Willoughby, the Fifth Son of the first-named Lord Charles, became also extinct, he being the last of his Male Descendants.

That Your Petitioner is now the Heir Male of the Body of the said Sir William WilloughbyKnight, the First Grantee of the Honour, being a lineal Descendant from the said Sir Ambrose, the Second Son of the first-named CharlesLord Willoughby, the only Son of the said Sir William, in the following Manner.

That the said Sir Ambrose Willoughby, by his Wife Susan Brooke, Granddaughter and Heiress of Richard PateEsqnire, had Issue Edwardtheir only Son; who, by Rebeccahis Wife, had Issue Henry(who was in Virginiaat the Time of the Failure of the Issue Male of the Eldest Son of the first-named CharlesLord Willoughby);who, by Maryhis Wife, had Issue Henry;who, by Elizabethhis Wife, had Issue Your Petitioner,

That, Your Petitioner being in Manner aforesaid entitled to the said Barony as Heir Male of the Body of the said Sir William Willoughby, the First Grantee thereof;

May it therefore please Your Sacred Majesty, graciously to give Directions, that a Writ be issued to summon Your Petitioner to this present Parliament, by the Title of his said Ancestors.
And Your Petitioner shall ever pray.
HENRY WILLOUGHBY.

St. Jamess, Febry20th, 1767.
His Majesty, being moved upon this Petition, is graciously pleased to refer the same (together with the Report thereunto annexed) to the Right Honourable the House of Peers; to examine the Allegations thereof, as to what relates to the Petitioners Title therein mentioned; and to inform His Majesty how the fame shall appear to their Lordships.
SHELBURNE.

Referred to the Committee of Privileges.

Ordered, That the said Petition, with His Majestys Reference thereof to this House, be referred to the Consideration of the Lords Committees for Privileges; to meet on Mondaythe 16th Day of Marchnext; whose Lordships, having considered thereof, as also of the Report annexed, and heard such Persons concerning the same as they shall think fit, are to report their Opinion thereupon to the House.

Robb & al. against Hunter & al

Upon reading the Petition of Robert Hunterand others, Respondents in a Cause depending in this House wherein Robert Robband others, pretended Magistrates of the Borough of Anstruther Wester, are Appellants; setting forth, That the Election of the Magistrates and Counsellors of the Borough of Anstruther Wester, made at Michaelmas1765, was voided, on account of Bribery and Corruption, by a Judgement of the Court of Session upon the 28th of Januarylast; from which the Appellants have appealed, With an Intent to keep themselves in Possession of their several Offices in the View of the approaching General (fn. 1) Elections; and therefore praying, That this Cause may be set down to be heard on Thursdaythe 12th of Marchnext, or on such other early Bye-day as to the House shall seem proper:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesdaythe 17th Day of Marchnext.

Martin & al. against Ramsay & al,

Upon reading the Petition of Peter Ramsayand others, Respondents in a Cause depending in this House, wherein Thomas Martinand others, pretended Magistrates of the Borough of Pittenweem, are Appellants; setting forth, That the Election of Magistrates and Counsellors of the Borough of Pittenweem, made at Michaelmas1765, was voided, on account of Bribery and Corruption,by a Judgement of the Court of Session upon the 28th of Januarylast from which the Appellants have appealed, with an Intent to keep themselves in Possession of their several Offices, in the View of the approaching Genera! Elections; and therefore praying, That this Cause may be set down to be heard on Tuesdaythe 17th of Marchnext, or on such other early Bye-day as to the House shall seem proper:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesdaythe 24th Day of Marchnext.

Radnor, &c. Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for amending, repairing, and widening, several Roads, in the Counties of Radnorand Hereford,

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

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

Tallow Duties, to discontinue, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to discontinue, for a limited Time, the Duties payable upon the Importation of Tallow, Hogs Lard, and Grease.

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 Mondaynext.

Chorley Enclosure, Bill.

A Message was brought from the House of Commons, by the Lord Strangeand others:

With a Bill, intituled, An Act for dividing and enclosing several Commons or Waste Grounds within the Manor of Chorley, in the County Palatine of Lancaster; to which they desire the Concurrence of this House.

Northfield to Wootton, Road, Bill:

A Message was brought from the House of Commons, by the Lord Catherloughand others:

With a Bill, intituled, An Act for amending and widening the Road leading from The Bell Innat Northfieldin the County of Worcester, to the WoottonTurnpike, in the great Turnpike Road leading from Stratford upon Avonin the County of Warwick) to Birminghamin the same County; to which they desire the Concurrence of this House.

Yaxey Common, Bill:

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

With a Bill, intituled, An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures, and Waste Grounds, and also the Marsh and Fenny Grounds, in the Manor and Parish of Yaxley, in the County of Huntingdon; to which they desire the Concurrence of this House.

The said Three Bills were read the First Time.

The Kings Content to it.

The Lord Wycombeacquainted the House, That His Majesty, having been informed of the Contents of the last-mentioned Bill, was pleased to content (as far as His Majestys Interest is concerned) that their Lordships may proceed therein as they shall think fit.

Skipton Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing Halton Green, and for disposing of other Grounds, within the Township of Halton East, in the Parish of Skipton, in the County of York

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

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

Giles Petition to be added to Meyers Nat. Bill.

Upon reading the Petition of Lewis Giles; praying, That his Name may be inserted in the Bill, intituled, An Aft for naturalizing Leonard Meyer:

It is Ordered, That the said Petition do lie on the Table, till the said Bill be read a Second Time.

Bosley Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for repairing and widening the Road from the West End of Thames Streetin the City of Oxford, over Botley Causeway, to the Turnpike Road near Fifieldin the County of Berks.

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

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

Ingleton Com mon, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing, allotting, and enclosing, such Part of certain Commons and Waste Grounds called Bentham Moor, as lieth within the Manor of Ingleton, in the West Riding of the County of York.

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 Tuesday next, at the usual Time and Place; and to adjourn as they please;

Old alias Would Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, Lands, and Waste Grounds, within the Manor and Parish of Old, otherwise Would, in the County of Northampton

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

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

Van Teybengens Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing Therefore Van Teyligen, an Infant.

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

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

Koe and Wolfs Nat. Bul.

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing John Koe and George Wolff.

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

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

Backmans Nat Bill:

Hodie 3^a vice lecta est Billa intituled, An Act for naturalizing Nicolas Francis Beckman

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. Edwards and Mr. Lane:

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

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque adet in diem Lun, vicesimum tertium diem instantis Februarii, hora undecima Aurora, Dominis sic decernentibus.