House of Lords Journal Volume 31: March 1767, 1-10

Die Lun, 2^o Martii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

E of Effingham takes his Seat.

This Day Thomas Earl of Effingham sat first in Parliament, After the Death of his Father Francis Earl of Effingham; his Lordship having first, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Campbell against Wilson & al.

Upon reading the Petition and Appeal of John Campbell oi Otter Esquire; complaining of Four Interlocutors of the Court of Session in Scotland, of the 9th of August 1760, 6th of February 1762, 7th of August 1766, and 18th of February 1767; 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 William Wilson Writer to the Signet in Edinburgh and Alexander Campbell Messenger in Edinburgh may be required to Answer the said Appeal:

It is Ordered, That the said William Wilson and Alexander Campbell may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 30th Day of this Instant Match; and Service of this Order upon any of their Counsel or Agents before the said Court of Session in Scotland shall be deemed good Service.

Fraser & al. against Gordon.

Upon reading the Petition of William Gordon of Newhall Esquire, Respondent in a Cause depending in this House, wherein William Fraser and others are Appellants; setting forth, That there is another Appeal of the same Appellants, relative to the Freeholders of the Shire of Cromarty, to which Sir John Gordon is Respondent, which is appointed to be heard on Thursday the 2d of April next; and therefore praying, That this Appeal may be set down to be heard on the First Bye-day After the said 2d of April next, or on such other Bye-day as the House shall think sit:

It is Ordered That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 7th Day of April next.

St. Martins Church, Worcester, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, An Act for re building the Parish Church of Saint Martin, within the City of Worcester, 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.

Meyers Nat. Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, An Act for naturalizing Leonard Meyer was committed: That they had considered the said Bill, and also the Petitions to them referred, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made several Amendments thereto.

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

Spencer & al. Leave for a Bill:

After reading, and considering, the Report of the. Judges to whom was referred the Petition of Mrs. Spencer Widow and others; 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 several undivided Estates late of John Bennett Esquire deceased, and Ann Spencer Widow, in the Counties of Surrey, Kent, and Middlesex, in Trustees, in order to effect a Partition between the said Ann Spencer and the Devisees named in the Will of the said John Bennett.

E. of Abingdon, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Earl of Abingdon; 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 exchanging Part of the settled Estates of Willough by Earl of Abingdon, in the County of Wilts, for another Estate, of greater Value, in the County of Berks, to be settled in Lieu thereof; and for other Purposes therein mentioned.

B bury Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields and Commonable Places within the Parish of Bibury, and Manors of Bibury Ossney and Bibury Northumberland, and the Hamlet or Vill of Arlington, all in the said Parish of Bibury, in the County of Gloucester.

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

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.

Cunynghame to enter into Recognizance on Keilys Appea.

The House being moved, That Timothy Cunnynghame of Grays Inn Gentleman may be permitted to enter into a Recognizance for Richard Keily Esquire and others, on account of their Appeal depending in this House; they rending in Ireland:

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

Marine Forces, regulating, Bill.

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

After some Time, the House was resumed.

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

Capel & Ux. Against MCarthy & al.

The House being moved, That a Day may be appointed, for hearing the Cause wherein Joseph Capel Esquire, and Elizabeth Capel, otherwise MCarty, his Wife, are Appellants, and Charles McCarthy and others are Respondents:

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, quantum diem instantis Martii, houa undecima auror, Dominis sic decernentibus.

Die Jovis, 5^o Martii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

E. of Lincolns Appeal received, though out of Time:

Upon reading the Petition of Henry Earl of Lincoln; setting forth, That the Petitioner is advised to present his Appeal from a Decree of the Court of Chancery of the 17th of December last; that the Petitioners Agent, having taken a Copy of the said Decree, expected to have Notice of the Time of passing the same, as is usual, for the Purpose of examining the Copy with the Original, and of knowing the Time of passing it; but, the Plaintiffs Agent having procured the said Decree to be passed without Notice to the Petitioners Agent, he hath not been able to get the Appeal ready within the Time limited by the Standing Order of the House; and therefore praying, under the Circumstances of this Case, That the House will be pleased to receive his said Appeal:

It is Ordered, That the Petitioner be at Liberty to present his said Appeal, as desired.

E. of Lincoln against Allen.

Accordingly, upon reading the Petition and Appeal of Henry Earl of Lincoln; complaining of a Decree or Order of the Court of Chancery, of the 17th Day of December 1766; and praying, That the same may be reversed, or that the Appellant may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that Poulton Allen may be required to Answer the said Appeal:

It is Ordered, That the said Poulton Allen may have a Copy of the said Appeal; and do put in his Answer thereto, in Writing, on or before Thursday the 19th Day of this lnstant March.

Talbot Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Talbot the Elder Esquire; 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 Part of the Estate of John Talbot the Younger Esquire, settled on his Marriage, in Trustees, for railing a further Sum of Money, for discharging Debts and Encumbrances.

Leigh Common, Bill.

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

With a Bill, intituled, An Act for enclosing, allotting, and dividing, the Commons and Waste Grounds, Open Common Field, and Open Common Meadow Grounds, in the Manor of The Leigh, in the Parish of Ashen Keynes, in the County of Wilts; to which they desire the Concurrence of this House.

Olney Common, bill.

A Message was brought from the House of Commons; by the Lord North and others:

With a Bill, intituled, An Act for dividing and enclosing the several Open and Common Fields and Commonable Lands within the Parish of Olney, in the County of Bucks; to which they desire the Concurrence of this House.

Tunbridge Wells, Road Bill.

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

With a Bill, intituled, An Act for repairing the Roads from Tunbridge Wells in the County of Kent, to Swifts Den in the Parish of Etchingham, and from (fn. 1)Frant to Possingworth Great Wood adjoining to the Turnpike Road there leading to Blackboys in the County of Sussex; to which they desire the Concurrence of this House.

Queensborugh Poor, Bill.

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

With a Bill, intituled, An Act for the better and more effectual Maintenance and Relief of the Poor of the Borough and Parish of Queenborough, in the County of Kent; to which they desire the Concurrence of this House.

The said Four Bills were read the First Time.

Message from H C to return Dightons Bill.

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

To return 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 sold; and for applying the Purchase money for discharging Encumbrances affecting the same, pursuant to the Directions of the Court of Chancery; and to acquaint this House, that they have agreed to the same, without any Amendment.

Kingston upon Hull, Road, Bill.

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

With a Bill, intituled, An Act for enlarging the Term and Powers granted by An Act passed m the Eighteenth Year of His late Majesty, for repairing the Road from the Town of Kingston upon Hull to and through the Town of Anlaby, and from thence to the Town of Kirk Ella in the County of the said Town of Kingston upon Hull; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

E. and C. of Strahmore, Leave for a Bill:

Upon reading the Petition of the Earl and Countess of Strathmore; praying Leave to bring in a Bill, to enable them to take the Surname of Bowes:

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

Bill read.

Whereupon the Lord Sandys presented to the House a Bill, intituled, An Act to enable John Boucs Eail of Strathmore and Kinghorne and Mary Eleanor Bowes Countess of Stratmore and Kinghorne his Wife, the Daughter and only Child of George Bowes Esquire, deceased, to take and use the Surname of Bowes only, pursuant (fn. 2) to his Will, and the Settlement executed previous to the Marriage of the said Earl and Countess.

The said Bill was read the First Time.

Hedon Road, Bill.

A Message was brought from the House of Commons, by Captain Dennis and others:

With a Bill intituled, An Act to enlarge the Term and Powers of An Act passed in the Eighteenth Year of King George the Second, for repairing the Road from Sacred Gate, on the South East Side o the Town of Hedon, in the East Riding of the County of York, through the said Town, to Hull North Bridge; and for amending the Road from the present Turnpike Bar in Wyton Holmes, through the Township of Wylon and Sproatley, to the Guide Post in Hnten Lane near Humbleon Moor House in the same Riding; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Rennat to take the Name at Cossin, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, An Act to enable Richard Bennett Esquire and his Issue to take and bear the Surname and Arms of Coffin, pursuant to the Will of Richard Coffin Esquire, 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.

Dean and Caption of Durham, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, An Act for vesting; in the Dean and Chapter of Durham a certain Piece of Ground adjoining to the Town of South Shields, ill the County Palatine of Durham; and for making an adequate Compensation to the Curate of the Chapel of Saint Hilds, in the said County, and his Successors, for the same; and for enabling the said Dean and Chapter to remove the Fairs and Markets out of the Town of South Shields, and to cause the same to be held on the said Piece of Ground, 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.

Bibury Common, Bill.

The Lord Botet out made the like Report from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields and Commonable Places within the Parish of Bibury, and Manors of Bibury Ossney and Bibury Northumberland, and the Hamlet or Vill of Arlington, all in the said Parish of Bibury, in the County of Gloucester, was committed.

D. of Queensberry berrys Bill.

The Lord Cathcart made the like Report from the Lords Committees to whom the Bill, intituled, An Act for confirming a Contract of Lease of Mines between Charles Duke of Queensbury and Dover of the one Part, and Patrick Crawfurd, James Craw fard, 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, was committed.

Ordered, That the said Bill be engrossed.

Hill, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was reserred the Petition ot Elizabeth Hill Widow and others; 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 divers Leasehold Houses late of Haydock Hill deceased, in Trustees, to be sold and converted into Money, to be applied, together with other Parts of his Personal Estate, for the Benefit of his Children entitled to the same by virtue of his Will; and for confirming a Sale, Leases, and Contract, made by his Widow and Executrix, of other Parts of his Estate, for the Benefit of his said Children.

E. of Abingdons Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for exchanging Part of the settled Estates of Willoughby Earl of Abingdon, in the County of Wilts, for another Estate, of greater Value, in the County of Berks, to be settled in Lieu thereof; and for other Purposes therein mentioned.

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 the 20th Day of this lnstant March, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Spencer & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting several undivided Estates late of John Bennett Esquire, deceased, and Ann Spencer Widow, in the Counties of Surry, Kent, and Middlesex, in Trustees, in order to effect a Partition between the said Ann Spencer and the Devisees named in the Will of the said John Bennett.

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.

Martin & al. Against Ramsay & al:

Upon reading the Petition and Appeal of Thomas Martin, William Mons on, James Balleardie, and William Tart, Baillies, James Martin Junior, Treasurer, and James Martin Senior, William Martin, Alexander Anderson, Robert Ram Sey, David Louson, David Bowman, Robert Stevenson, Alexander Hamilton, James Thomson, William Melvill, Thomas Davidson, Thomas Watson, Thomas Balleardte, Mr. Robert Alexander, Mr. William Alexander, Thomas Horsburgh Senior, Thomas Horsburgh Junior, Lawrence Aitken, and John Todd, Counsellors elected for the Borough of Pittenweem, upon the 23d Day of September last, 1766; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 28 dl of January and 12th of February last; and praying, That the same may be reversed; 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 Peter Ramsay, Andrew Wilson, Robert Dick, John Brown, James Nature, Collin Fowler, and John Henderson, may be required to Answer the said Appeal:

It is Ordered, That the said Peter Ramsay, Andrew Wilson, Robert Dick, John Brown, James Nature, Collin Fowler, and John Henderson, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 2d Day of April next; and Service of this Order upon any of the Procurators or Agents of the said Respondents, before the said Court of Session in Scotland, shall be deemed good Service.

Robb & al. against Hunter & al.

Upon reading the Petition and Appeal of Robert Robb, John Brown, and William Boyter, Baillies, Walter Thomson Treasurer, and Robert Alexander, George Colvill, Robert Bissett, John Thomson, David Loudon, Alexander Boyter, William Innes, Robert Peattle, William Miller, William Alexander, and James Hay, Counsellors elected for the Borough of Anstruther Wester, upon the 17th Day of September last; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 28th of January and 12th of February last, and praying, That the same may be reversed; 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 Robert Hunter, William Thomson, and James Boytermay be required to Answer the said Appeal:

It is Ordered, That the said Robert Hunter, William Thomson, and James Boyter, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 2d Day of April next; and Service of this Order upon any of the Procurators or Agents of the said Respondents, before the said Court of Session in Scotland shall be deemed good Service.

Marine Forces regulating, Bill.

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

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

St Martins Church, Worcester, Bill:

Hodie 3^a vice lecta est Billa intituled, An Act for re-building the Parish Church of Saint Martin, within the City of Worcester?.

The Question was put, Whether this Bill shall pass ?

It was Resolved in the Affirmative.

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

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

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

Meyers Nat. Bill:

Hodie 3² vice lecta est Billa, intituled, An Act for naturalizing Leonard Meyer.

The Question was put, Whether this Bill, with the Amendments, shall pass?

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

St. George against Sir R. St. George:

The House being informed, That George Crekhton attended, in order to deliver in Copies of Pleadings and Proceedings, in a Cause depending in this House, wherein Doctor Arthur Saint George and others are Appellants, and Sir Richard Saint George is Respondent.

Pleadings 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 prsens Parliamentum continuandum esse usque ad & in diem Lun, nonum diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.

Die Lun, 9^o Martii.

Domini tam Spirituales quam Temporales prsentcs fuerunt:

PRAYERS.

Wixford Common, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and Commonable Lands, within the Hamlets or Townships of Wixford, Exhall, Kings Broom, and Burnells Broom, in the County of Warwick; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return Meyers Nat. Bill.

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

To return the Bill, intituled, An Act for naturalizing Leonard Meyer; and to acquaint this House, that they have agreed to the Amendments made by their Lordships to the said Bill.

Rotherhith Church, 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 Two Acts of Parliament, of the Third of King George the First and the Eleventh of His late Majesty, for enabling the Parishioners of Saint Mary Rotherhith in the County of Surry, by certain Funeral Rates therein mentioned, to finish the said Parish Church; and for purchasing an additional Burial Ground; and to enable them to raise Money for purchasing the present Parsonage-house, and converting the Site thereof into a Burial Ground, and for providing a new Parsonage-House; to which they desire the Concurrence of this House.

South Burion Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing several Lands and Grounds in the Parish of South Burton, otherwise Bishop Burton, in the East Riding of the County of York; to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Message from H. C to return the Bill for Swetenham to take the Name of Willis.

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

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

Cubbington Common, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the several Open and Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Cubbington, in the County of Warwick; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Dean and Chapten of Dulhams Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for vesting in the Dean and Chapter of Durham a certain Piece of Ground adjoining to the Town of South Shields in the County Palatine of Durham; and for making an adequate Compensation to the Curate of the Chapel of Saint Hilds in the said County, and his Successors, for the same; and for enabling the said Dean and Chapter to remove the Fairs and Markets out of the Town of South Shields, and to cause the same to be held on the said Piece of Ground.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Bennett to take the Name of Coffin, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to enable Richard Bennett Esquire and his Issue to take and bear the Surname and Arms of Coffin, pursuant to the Will of Richard Coffin Esquire, deceased.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Bibury Common, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, and Commonable Places, within the Parish of Bibury, and Manors of Bibury Ossney and Bibury Northumberland, and the Hamlet or Vill of Arlington, all in the said Parish of Bibury, in the County of Gloucester.

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 Three preceding Bill.

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

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

D. of Queensberrys Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for confirming a Contract of Lease of Mines between Charles Duke of Queensberry and Dover of the one Part, and Patrick Crawfurd, James Crauford, 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.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Sir N Gresley, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Nigel Gresley and others; 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 Part of the Estate of Sir Nigel Gresley Baronet, in the County of Stafford, in Trustees, to be sold, to raise Money, for the Payment of Debts; and other Purposes therein mentioned.

Hesketh, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Fleetwood Hesketh and others; 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 Part of the Estates in the County Palatine of Lancaster, settled upon the Marriage of Fleetwood Hesketh Esquire with Frances his Wife, in Trustees, to be sold; and for applying the Money arising from such Sale in paying off divers Debts and Encumbrances affecting the same; and for other Purposes therein mentioned; and also for substituting, in Lieu thereof, a certain Estate in the said County, called Burne Hall, lately purchased by the said Fleetwood Hesketh.

Cooper, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Ann the Wife of Tomkinson Cooper a Lunatick, and others; 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 Sale of the Real Estate of Tomkinson Cooper and Ann his Wife; and for laying out the Money arising from such Sale in the Purchase of other Lands and Hereditaments, for the Benefit of the said Tomkinson Cooper and Ann his Wife.

V. Maynard introduced:

Charles Lord Maynard, being, by Letters Patent, bearing Date the 28th Day of October, in the Seventh Year of His present Majesty, created Viscount Maynaid, was (in His Robes) introduced, between the Lord Viscount Wentworth and the Lord Viscount Dudley and Ward (also in their Robes); the Gentleman Usher of the Black Rod, Chester Herald, who officiated in the Absence of Garter King at Arms, and the Deputy Earl Marshal, 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; videlicet,

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 Cousin Charles Viscount Maynard, Greeting. Whereas, by reason of certain arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, We did lately, with the Advice and Consent of Our Council, ordain Our present Parliament to be holden, at Our City of Westminster, on the Nineteenth Day of May in the First Year of Our Reign; which Parliament hath been from that Time, by several Adjournments and Prorogations, adjourned, prorogued, and continued, to and until the Eleventh Day of this Instant November, at Our City aforesaid, to be then there held: 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 the said Day and Place, 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 yon may m no wife 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 Sixth Day of November 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 upper End of the Barons Bench.

Hills Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting divers Leasehold Houses, late of Haydock Hill, deceased, in Trustees, to be sold and converted into Money, to be applied, together with other Part of his Personal Estate, for the Benefit of his Children, entitled to the same by virtue of his Will; and for confirming a Sale, Leases, and Contract, made by his Widow and Executrix, of other Parts of his Estate, for the Benefit of his said Children.

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

Their Lordships, or any Five of them; to meet on Thursday the 24th Day of this Instant March, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Queenbrough Poor, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for the better and more effectual Maintenance and Relief of the Poor of the Borough and Parish of Queen borough, in the County of Kent.

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

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

E. and C. of Strathmore to take the Name of Bowes, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable John Bowes Earl or Strathmore and Kingborne and Mary Eleanor Bowes Countess of Strathmore and Kinghorne his Wife, the Daughter and only Child of George Bowes Esquire, deceased, to take and use the Surname of Bowes only, pursuant to his Will, and the Settlement executed previous to the Marriage of the said Earl and Countess.

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

Kingston upon Hull Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for enlarging the Term and Powers granted by an Act passed in the Eighteenth Year of His late Majesty, for repairing the Road from the Town of Kingston upon Hull to and through the Town of Anlaby, and from thence to the Town of Kirk Ella, in the County of the said Town of Kingston upon Hull.

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.

Leigh, Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for enclosing, allotting, and dividing, the Commons and Waste Grounds, Open Common Field, and Open Common Meadow Grounds, in the Manor of The Leigh, in the Parish of Ashen Keynes, in the County of Wilts.

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

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

St. George against Sir R. St. George:

The House being informed, That Thomas Tothall attended, in order to deliver in Copies of Pleadings and Proceedings, in a Cause depending in this House, wherein Doctor Arthur Saint George and others are Appellants, and Sir Richard Saint George is Respondent:

Pleadings 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 lie withdrew.

Hedon Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enlarge the Term and Powers of an Act passed in the Eighteenth Year of King George the Second, for repairing the Road from Sacred Gate on the South East Side of the Town of Hedon in the East Riding of the County of York, through the said Town, to Hull North Bridge; and for amending the Road from the present Turnpike Bar in Wyton Holmes, through the Township of Wyton and Sproatley, to the Guide Post in Flinton Lane near Humbleton Moor House in the same Riding.

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.

Rolls of Parliament, and Journals of this House, to be printed.

Ordered, That the Rolls of Parliament now extant, and the Journals of this House, be printed.

Sub-committee for the journals to inspect painting them:

Ordered, That it be referred to the Lords Subcommittees appointed to consider of the Orders and Customs of this House, and of the Privileges of the Peers of Great Britain and Lords of Parliament, and to peruse and perfect the Journals, to inspect over the printing the said Rolls and Journals; and that they be authorized to make Search and have View of all Records and Transcripts thereof that may be necessary for that Purpose; and to take Copies or Transcripts, or make Use of such as they may find already made, of all Things require for the perfect printing the said Rolls and Journals; and to take Care that the said Printing be done id the best Manner.

Address to His Majesty, laying the land Orders before Him.

Ordered, That an humble Address be presented to His Majesty, laying before Him the said Resolutions; and to assure His Majesty, We are persuaded that it will be entirely agreeable to His most Gracious Disposition, to transmit to future Ages these Monuments and Remains of our Ancestors, fo necessary and useful to the Knowledge and Preservation of our excellent Constitution, as we desire to transmit to Posterity along with them the many signal Proofs recorded in our Journals that His Majesty has already given of His Paternal Attention to the Happiness of His People.

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Rose & al. against Sir J. Gordon.

Upon reading the Petition and Appeal of Hugh Rose Younger of Aitnock, William Johnstone Esquire, and other Freeholders of the County of Cromarty, who were constituent Members of the last Michaelmas Meeting of Freeholders for the said County; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 17th of February and 4th of March 1767; 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 Sir John Gordon of Invergordon Baronet, may be required to Answer the said Appeal:

It is Ordered, That the said Sir John Gordon may have a Copy of the said Appeal; and do put in his Answer thereto, in Writing, on of before Monday the 20th Day of April next; and Service of this Order; on the said Respondent, or on any of his renown Counsel or Agents before the said Court of Session in Scotland, shall be deemed good Service.

Davidson to to enter into a Recognizance on Campbells Appeal.

The House being moved, That Henry Davidson Gentleman may be permitted to enter into a Recognizance for John Campbell Esquire, on account of his Appeal depending in this House; he living in Scotland:

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

Davidson to enter into a Recognisance on Robbs Appeal.

The House being moved, That the said Henry Davidson may be permitted to enter into a Recognizance for Robert Robb and others, on account of their Appeal depending in this House; they living in Scotland:

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

Davidson to enter into a Recognizance on Martins Appeal.

The House being moved, That the said Henry Davidson may be permitted to enter into a Recognizance for Thomas Martin and others, on account of their Appeal depending in this House; they living in Scotland:

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

Adjourn.

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

Die Martis, 10^o Martii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS

Cosgrave Enclosure Bill.

The Lord Botetourt, reported from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing, the Open and Common Field, Common Meadows, Comman Pastures, Common Grounds, and Commonable Lands within the Township and Liberties of Cosgrave, in the County of Northampton (exclusive of Brownswood Green, and Kenson Field, in the Parish of Cosgrave in the said County), 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.

Duel College, Bill.

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

To return the Bill, intituled, An Act for annexing the Rectory of Purleigh in the County of Essex to the Office of 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 Eng land; and to acquaint this House, that they have agreed to the same, without any Amendment.

Ruddington Enclosure, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures, and all other Commonable Lands, within the Liberties of Ruddington, in the County of Nottingham to which they desire the Concurrence of this House.

Lenton Enclosure, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open fields, Meadows, Common Pastures, and Commonable Lands, lying South of the Turnpike Road leading from Nottingham to Alfreton, within the Liberties and Townships of Lonton and Radford; in the County of Nottingham; to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Fierch & al. against Sir U. Baker Pet of Response to put off the Heating rejected.

Upon, regarding the Petition of Dame Mary Blake, One of the Respondents in a Cause depending in this House, wherein Ann French Spinster and others are Appellants; Which stands appointed to be heard on Friday next; setting forth, That the Matters in Dispute between the Parties are under an Accommodation; and therefore praying, That the Hearing of this Cause may be put off till the First Cause-day After the Recess at Easter; the Agent for the Appellant having signed the said Petition, as consenting thereto:

And thereupon the Agents for all the Respondents were called in, and heard at the Bar.

And being withdrawn:

It is Ordered That the said Petiton be rejected.

Lords added to sum committee for the Journal.

Ordered, That all the Lords who have been, or Shall be, present this Session of Parliament, and are not named of the Committee appointed the First Day of this Session to peruse, and perfect the Journals of this and the last session of Parliament, he added to the said Committee.

Spernal Ash to Birmingham Road, Bill.

A message was brought from the House of Commons by the Lord Catherlough and others:

With a Bill, intituled, An Act for repairing and widening the Road from Spernal Ash in the County of Warwick, through Studley, to a Street called Digbeth, in the Town of Birmingham; to which they desire the Concurrence of this House.

New Monockton Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing tire several Open Fields, Meadows, and Pasture Grounds, within the Manor and Township of Nun Monckton, in the West Riding of the County of York, to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Leigh Common Bill:

Upon reading the Petition of the several Persons whose Names are thereunto subscribed; taking Notice of a Bill depending in this House, intituled, An Act for enclosing, allotting, and dividing, the Commons and Waste Grounds, Open Common Field, and Open Common Meadow Grounds, in the Manor of The Leigh, in the Parish of Ashen Keynes, in the County of Wilts; and praying, for the Reasons therein alledged, That they may, be heard, by their Counsel, against the said Bill:

Persons to be heard by Counsel, against it.

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed; with Liberty for the Petitioners to be heard, by their Counsel, against the said Bill; as may also Counsel be heard for the said Bill at the same Time, if they think fit.

Johnston against Sn H. Gordon.

Upon reading the Petition and Appeal of William Johnstone Esquire Advocate; complaining of certain Parts of Two Interlocutors of the Lords of Session in Scotland, of the 17th of February and 3d of March 1767; and praying, That the same may be reversed or varied; or that the Appellant may have such other Relief in the Premises as to this House in their Lordships great Wildom shall seem meet; and that Sir John Gordon Baronet and William Gordon of Newhall Esquire may be required to Answer the said Appeal:

It is Ordered, That the said Sir John Gordon and William Gordon may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 7th Day of April next; and Service of this Order upon their known Counsel or Agents in the said Court of Session in Scotland shall be deemed good Service.

Davidson against Sir J. Gordon.

Upon reading the Petition and Appeal of Henry Davidson of Tulloch; complaining of certain Parts of Two Interlocutors of the Lords of Session in Scotland, of the 17th of February and 3d of March 1767; and praying, That the same may be reversed of varied; or that the Appellant may have such other Relief In the Premises as to this House in their Lordships greats Wisdom shall seem meet; and that Sir John Gordon Baronet and William Gordon of Newhall Esquire may be required to Answer the said Appeall:

It is Ordered, That the said Sir John Gordon and William Gordon may have a Copy of the said Appeal; and do put in their Answer or respectively Answers thereunto, in Writing, on or before Tuesday the 7th Day of April; next; and Service of this Order upon their known Counsel or Agents in the said Court of Session in Scotland Shall be deemed good Service.

Fraser against Sir J. Gordon

Upon reading the Petition and Appeal of a Alexander Fraser of Culduthill Esquire; complaining of certain Parts of Two Interlocutors of the Lords of Session in Scotland, of the 17th of February and 3d of March 1767; and praying, That the same may be reversed or varied, or that the Appellant may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that Sir John Gordon Baronet and William Gordon of Newhall Esquire may be required to Answer the said Appeal:

It is Ordered, That the said Sir John Gordon and William Gordon may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 7th Day of April next; and Service of this Order upon their known Counsel or Agents in the said Court of Session in Scotland shall be deemed good Service.

Sir J Duke, Leave for a Bill:

After reading, and considering, the Report of the Judges, to whom was reserred the Petition of Sir [ (fn. 3) Thomas Dykes]; 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 Fart of the settled Estates of Sir Jahn Dixon Dyke Baronet, lying in the Counties of Oxford, Suffix, and Kent, in Trustees, in Tract, to be sold, for railing Money, to discharge a Mortgage-debt affecting other Parts of the said settled Estates.

Sir N. Gresteys Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act. for vesting Part of the Estate of Sir Nigel Grestey Baronet, in the County of Stafford, in Trustees, to be sold, to raise Money, for the Payment of Debts; and other Purposes therein mentioned.

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. the. 25th Day of this Instant March, at Ten oClock in the Forenoon, in the. Princes. Lodgings near the House of Peers; and to adjourn; as they please.

Talbots Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting Part of the Estate of John Talbot the Younger Esquire, settled an his Marriage, in Trustees, for paising a further Sum of Money, for discharging Debts and Encumbrances.

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.

Coopers Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for Sale of the Real Estate of Tomkinson Cooper and Ann his Wife; and for laying out the Money arising from such Sale in the Purchase of other Lands and Hereditaments, for the Benefit of the said Tomkinson Cooper and Ann his Wife.

Order no, 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.

Olney Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Open and Common Fields and Commonable Lands within the Parish of Olney, in the County of Bucks,

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

South Burton Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing several Lands and Grounds in the Parish of South Burton, otherwise Bishop Burton, in the East 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 Thursday next, at the usual Time and Place; and to adjourn as they please.

Wisford Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and Commonable Lands, within the Hamlets or Townships of Wixford, Exball, Kings Broom, and Burnels Broom, in the County of Warwick.

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.

D. of Buecleugh Leave to exhibit a Petition for a Private Bill:

Upon reading the Petition of the most Noble Henry Duke of Buccleugh a Minor, and of the Right Honourable Charles Townshend and the Right Honourable Carolina Countess of Dalkeith his Wife, the Guardians of the said Minor; praying Leave to present a Petition for Leave to bring in a Bill, to enable the Petitioner, with the. Consent of his Guardians, to make a Settlement of all or any Part of his Estates in England and Scotland, upon his intended Marriage with the Right Honourable Lady Elizabeth Montagu, the only Daughter of the most Noble George Duke of Montagu, notwithstanding the Time limited for receiving Petitions for Private Bills is expired:

It is Ordered, That the Petitioner be at Liberty to present his said Petition, as desired:

Accordingly, upon reading the Petition of the said most Noble Henry Duke of Buccleugh a Minor, and of the Right Honourable Charles Townshend and the Right Honourable Carolina Countess of Dalkeith his Wife, the Guardians of the said Minor; praying Leave to bring in a Bill, to enable the Petitioner, with the Consent of his Guardians, to make a Settlement of all or any Part of his Estates in England and Scotland, upon his intended Marriage with the Right Honourable the Lady Elizabeth Montagu, only Daughter of the most Noble George Duke of Montagu:

Petition referred to Judges.

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

OGrady & al. against Ld. Kinsale & al.

The House being informed, That Thomas Totball attended, in order to deliver in Copies of Pleadings and Proceedings in a Cause depending in this House, wherein John OGrady Esquire and others are Appellants, and the Lord Kinsale and others are Respondents:

Pleadings 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 prsens Parliamentum continuandum esse usque ad & in diem Mercurii, undecimum diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.