House of Lords Journal Volume 30: February 1764, 21-28

February 1764, 21-28

DIE Martis, 21^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Beaghan Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Penelope Beaghan Spinster, and George Edmund Beaghan an Infant; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Estate late of Edmund Hungate Beaghan Esquire, deceased, in the Counties of Kent and Sussex, in Trustees, in Trust, to sell and convey the same to Edward Louisa Mann Esquire, or as he shall appoint, pursuant to an Agreement for that Purpose; and for applying the Money arising by such Sale for the Benefit of George Edmund Beaghan, his only Son and Heir, an Infant."

His Majesty's Answer to the Address for a State of the National Debt.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) attended His Majesty, with the Address of this House, for a State of the National Debt; and that His Majesty was pleased to say, He would give Directions that the same be laid before the House accordingly."

Message from H. C. to return Bland's & al. Nat. Bill.

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

To return the Bill, intituled, "An Act for establishing and carrying into Execution certain Articles of Agreement, therein mentioned, for a Division of certain Real Estates in the County of York, late of Sir Hungerford Bland Baronet, deceased; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Searby Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, and Waste Grounds, in the Parish of Searby, in the County of Lincoln;" to which they desire the Concurrence of this House.

Nehou de Berville takes the Oaths.

James Nehou de Berville took the Oaths appointed, in order to his Naturalization.

All Souls College, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for annexing the Rectory of East Lockinge, in the County of Berks, to the Office of Warden of The College of the Souls of All faithful People deceased, of Oxford."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Nonnen's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Egbert Nonnen."

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 same Messengers:

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

Brett's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting divers Messuages and Hereditaments, in the City of London, the settled Estate of Elizabeth Brett, Wife of Charles Brett Esquire, in the said Charles Brett and his Heirs, discharged from the Uses of his Marriage Settlement; and for settling another Estate in the County of Middlesex, of greater Value, in Lieu thereof, to the Uses limited of the said settled Estate."

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 7th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Act of the 6th of Queen Anne to settle the Succession, read:

The House was moved, "That the Act of the 6th Year of Queen Anne, Cap. 7, "intituled, "An Act for the better Security of Her Majesty's Person and Government, and of the Succession to the Crown of England in the Protestant Line," might be read."

And the First Section of the said Act being read by the Clerk accordingly:

Complaint of a printed Book, intituled, Droit le Roy, &c.

Complaint was made to the House of a printed Book, intituled, "Droit le Roy, or a Digest of the Rights and Prerogatives of the Imperial Crown of Great Britain," mentioned to be printed and sold by W. Griffin, in Fetter Lane.

And some Passages in the said Book being read by the Clerk:

It was moved, "To resolve, That the said Book is a false, malicious, and traiterous Libel; tending to subvert the fundamental Laws and Liberties of these Kingdoms, and to introduce an illegal and arbitrary Power."

An Amendment was proposed to be made to the said Motion; videlicet, after ["Libel"], to insert ["inconsistent with the Principles of the Revolution, to which we owe the present happy Establishment; and an audacious Insult on His Majesty, whose Paternal Care has been so early and so effectually shewn to the Religion, Laws, and Liberties of His People"]."

Then it was moved, "To make an Amendment to the said proposed Amendment; videlicet, To leave out the Words ["inconsistent with the Principles of the Revolution, to which we owe the present happy Establishment."]

Which being objected to:

After Debate;

The Question was put, "Whether those Words shall stand Part of the said proposed Amendment?"

It was Resolved in the Affirmative.

Then the Amendment, as at first proposed, was agreed to.

Resolution, that it is a Libel, and Order for it to be burnt:

Accordingly Resolved, Nemine Contradicente, by the Lords Spiritual and Temporal, in Parliament assembled, That the Book, intituled, "Droit le Roy, or a Digest of the Rights and Prerogatives of the Imperial Crown of Great Britain," is a false, malicious, and traiterous Libel; inconsistent with the Principles of the Revolution, to which we owe the present happy Establishment; and an audacious Insult on His Majesty, whose Paternal Care has been so early and so effectually shewn to the Religion, Laws, and Liberties of His People; tending to subvert the fundamental Laws and Liberties of these Kingdoms, and to introduce an illegal and arbitrary Power.

Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That One of the said printed Books be burnt, by the Hands of the Common Hangman, in The New Palace Yard, Westm'r, on Saturday the 25th Day of this Instant February, at One of the Clock in the Afternoon; and that another of the said printed Books be burut, by the Hands of the Common Hangman, before The Royal Exchange in London, on Monday the 27th Day of this Instant February, at the same Hour; and that the Sheriffs of London and Middlesex do attend at the said Times and Places respectively, and cause the same to be burnt there accordingly.

Resolutions to be communicated to the Commons at a Conference:

Ordered, That these Resolutions be communicated to the House of Commons, at a Conference; and that their Concurrence be desired therein; and that the said printed Book be communicated to them at the same Time.

The Printer to attend:

Ordered, That W. Griffin, in Fetter Lane, by whom the said Book is mentioned to be printed and sold, do attend this House on Thursday Morning next.

Committee to prepare Heads for the Conference.

The Lords following were appointed a Committee, to prepare what may be proper to be offered to the Commons at the Conference, upon communicating to them the said Resolutions; and report to the House; videlicet,

Their Lordships, or any Five of them; to meet immediately in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Causes removed.

Ordered, That the Cause wherein Alexander Woods is Appellant, and Catherine Daly Respondent, which stands appointed for To-morrow, be put off till Friday next; and that the other Causes on Cause-days be removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 22^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Bath, Committee of Newport, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for empowering the Committee or Committees, for the Time being, of the Estate of John Newport Esquire, a Lunatick, to make Leases of his Estates during his Lunacy," 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."

Ordered, That the said Bill be engrossed.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for draining certain Fen Lands and Wet Grounds, in the Parish of Helgay, in the County of Norfolk," 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."

Searby Enclosure, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common and Waste Grounds, in the Parish of Searby, in the County of Lincoln."

Tallow, &c. from Ireland, Importation, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue, for a limited Time, the free Importation of Tallow, Hogs Lard, and Grease, from Ireland."

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.

Nehou de Bervill's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing James Nehou de Berville."

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 o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Ld. Spencer's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower the Right Honourable John Lord Viscount Spencer to make Leases of the Manor of Battersea and Wandsworth, and of Lands and Grounds in Battersea and Wandsworth, in the County of Surrey, purchased in Pursuance of the Will of the most Noble Sarah late Dutchess Dowager of Marlborough, in order for building upon and improving the same."

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 the 8th Day of March next, at the usual Time and Place; and to adjourn as they please.

Ordered, That all the Lords be summoned to attend the House To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 23^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Nedham's and Foundling Hospital, Agreement, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for carrying into Execution an Agreement between the Governors and Guardians of the Hospital for the Maintenance and Education of Exposed and Deserted Young Children, and Robert Nedham Esquire deceased, relating to an Estate in the Island of Jamaica, devised by the Will of Henry Nedham Esquire, deceased," 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."

Ordered, That the said Bill be engrossed.

Stainton in the Hole, Enclosure, Bill.

The Earl of Westmorland reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing certain Open Common Fields and Grounds in the Manor and Parish of Stainton in the Hole, in the County of Lincoln," 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."

Erskine against Magistrates of Stirling.

Upon reading the Petition and Appeal of Thomas Erskine of Alloa, commonly called Lord Erskine, and John Erskine of Balgounie; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 25th Day of February and 14th Day of July 1763; and of Part of an Interlocutor of the said Lords of Session, of the 11th Day of February 1764; and praying, "That the same may be reversed; and that this House will give the Petitioners such Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that the Magistrates and Town Council of Stirling, Michael Potter of Easter Livylands, and Robert Galloway now of Burrowmeadow, may be required to answer the said Appeal:"

It is Ordered, That the said Magistrates and Town Council of Stirling, Michàel Potter, and Robert Galloway, 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 22d Day of March next; and Service of this Order upon the Procurators or Agents of the said Respondents in the said Court of Session in Scotland shall be deemed good Service.

E. of Bath, Committee of Newport, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for empowering the Committee or Committees, for the Time being, of the Estate of John Newport Esquire, a Lunatick, to make Leases of his Estates during his Lunacy."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Helgay Fen Lands, to drain, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for draining certain Fen Lands and Wet Grounds, in the Parish of Helgay, in the County of Norfolk."

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 same Messengers:

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

Searby Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common and Waste Grounds, in the Parish of Searby, in the County of Lincoln."

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

Their Lordships, or any Five of them; to meet on this Day Sevennight, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Exemplification of King's Will, Evidence, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making the Exemplification of the Will of Thomas King Esquire, deceased, Evidence in all Courts of Law and Equity in Great Britain and Ireland."

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.

Tallow from Ireland, Importation, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to continue for a limited Time the free Importation of Tallow, Hogs Lard, and Grease, from Ireland."

After some Time, the House was resumed.

And the Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Libel, intituled, Droit le Roy; Griffin examined concerning the Author of it.

The Yeoman Usher acquainted the House, "That William Griffin Printer was attending, according to their Lordships Order."

And thereupon the said William Griffin was called in; and, being sworn at the Bar, the printed Book, intituled, "Droit le Roy, or a Digest of the Rights and Prerogatives of the Imperial Crown of Great Britain," which was complained of to the House on Tuesday last, was shewed to him.

And he was asked, "Whether he knew the Author of that Book?" and says, "Mr. Timothy Brecknock was the Person who put it to the Press, and he believes is the Author of it; that he, Mr. Brecknock, delivered the Copy to be printed; and that the greatest Part of the said Copy was in Print."

Being asked, "What Mr. Brecknock's Profession is?" says, "He has been told, he was bred to the Law."

Asked, "Whether as an Attorney or Counsel?" says, "He believes as a Counsel."

Being asked, "Whether Mr. Brecknock has published any Law Book?" says, "He does not know that he has."

Being asked, "Whether Mr. Brecknock lives?" says, "He lives in Bennett Street, Westminster, at N^o 14."

He is directed to withdraw.

Brecknock the Author to be attached.

Ordered, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Timothy Brecknock, for his said Offence, and keep him in safe Custody till the further Order of this House; and this shall be a sufficient Warrant in that Behalf.

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

Then the said William Griffin was again called in to the Bar; and was acquainted by the Lord Chancellor, "That he was discharged from any further Attendance for the present."

And then he withdrew.

Blanch & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Blanch Esquire 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 confirming a Partition of several Estates, late of Thomas Horton, in the Counties of Wilts and Gloucester, between William Blanch, John Roberts, Richard Brereton, and others; and for vesting and settling the Premises to the several Uses therein mentioned."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Veneris, vicesimum quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 24^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ly. Forbes & al. against Ld. Forbes.

The Answer of James Lord Forbes, to the Appeal of Dorothea Lady Dowager of Forbes and others:

Douglas against D. of Hamilton.

And the Answer of George James Duke of Hamilton and Brandon and his Tutors, Lord Douglas Hamilton and his Tutors, and Sir Hew Dalrymple Baronet, to the Appeal of Archibald Stewart calling himself Archibald Douglas and his Curators, were this Day brought in.

Libel, intituled, Droit le Roy; Report of Heads for a Conference with H. C. about it.

The Lord President reported from the Lords Committees, appointed to prepare what is proper to be offered to the Commons at a Conference, upon communicating to them the Resolutions of this House, in relation to a printed Book, intituled, "Droit le Roy, or a Digest of the Rights and Prerogatives of the Imperial Crown of Great Britain:" "That the Committee have met, and drawn up what they think proper to be offered at the said Conference, as follows; videlicet,

"The Lords, being extremely desirous, upon all Occasions, to preserve a perfect good Correspondence with the House of Commons, have asked this Conference, in order to acquaint them, That the Lords having taken into Consideration a printed Book, complained of to their Lordships, intituled, "Droit le Roy, or a Digest of the Rights and Prerogatives of the Imperial Crown of Great Britain;" their Lordships have come to the following Resolutions; (videlicet,)

"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the Book, intituled, "Droit le Roy, or a Digest of the Rights and Prerogatives of the Imperial Crown of Great Britain," is a false, malicious, and traiterous Libel; inconsistent with the Principles of the Revolution, to which we owe the present happy Establishment, and an audacious Insult upon His Majesty, whose Paternal Care has been so early and so effectually shewn to the Religion, Laws, and Liberties of His People; tending to subvert the fundamental Laws and Liberties of these Kingdoms, and to introduce an illegal and arbitrary Power.

"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That One of the said printed Books be burnt, by the Hands of the Common Hangman, in The New Palace Yard, Westminster, on Saturday the 25th Day of this Instant February, at One of the Clock in the Afternoon; and that another of the said printed Books be burnt, by the Hands of the Common Hangman, before The Royal Exchange in London, on Monday the 27th Day of this Instant February, at the same Hour; and that the Sheriffs of London and Middlesex do attend at the said Times and Places respectively, and cause the same to be burnt there accordingly.

"Which Resolutions the Lords have directed us to communicate to the House of Commons, and to desire their Concurrence therein.

"We are likewise directed, by the Lords, to communicate to the House of Commons the said printed Book."

Which Report, being read by the Clerk, was agreed to by the House.

Message to H. C. for the Conference.

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

To desire a present Conference with that House, in the Painted Chamber, touching a Matter highly concerning the Honour and Dignity of His Majesty's Crown and Government.

St. Sepulcher's Poor, &c. Bill.

A Message was brought from the House of Commons, by Sir William Beauchamp Proctor and others:

With a Bill, intituled, "An Act for governing, employing, and maintaining, the Poor of that Part of the Parish of Saint Sepulchre, which is in the County of Middlesex; for cleansing and lighting the Squares, Streets, Lanes, Alleys, Courts, Yards, and other Open Passages and Places, within the same; and for widening Charter-house Lane;" to which they desire the Concurrence of this House.

Horbling Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows, and Common Fen, in the Parish of Horbling, in the County of Lincoln, and for draining and improving the said Fen;" to which they desire the Concurrence of this House.

Chilver's Coton, Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, and Commons or Waste Grounds, in the Parish of Chilver's Coton, in the County of Warwick;" to which they desire the Concurrence of this House.

The said Three Bills were read the First Time.

King's Will, Exemplification, Evidence, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for making the Exemplification of the Will of Thomas King Esquire, deceased, Evidence in all Courts of Law and Equity in Great Britain and Ireland," 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."

Nehou de Berville's Nat. Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing James Nehou de Berville," 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.

Nedham's and Foundling Hospital, Agreement, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for carrying into Execution an Agreement between the Governors and Guardians of the Hospital for the Maintenance and Education of Exposed and Deserted Young Children, and Robert Nedham Esquire deceased, relating to an Estate in the Island of Jamaica, devised by the Will of Henry Nedham Esquire, deceased."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Conference agreed to by H. C.

The Messengers sent to the House of Commons, to desire a present Conference with that House, being returned, acquainted the House, "That the Commons agree to meet their Lordships at a Conference, as desired."

Ordered, That the Committee appointed to prepare what is proper to be offered to the Commons at the Conference be the Mangers of the Conference.

Stainton in the Hole, Enclosure, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open Common Fields and Grounds, in the Manor and Parish of Stainton in the Hole, in the County of Lincoln."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Tallow, &c. from Ireland, Importation, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue, for a limited Time, the free Importation of Tallow, Hogs Lard, and Grease, from Ireland."

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 Bills, without any Amendment.

D. of Hamilton & al. against Stewart, alias Douglas; Cross Appeal.

Upon reading the Petition and Cross Appeal of George James Duke of Hamilton and Brandon, and his Tutors, Lords Douglas Hamilton and his Tutors, and Sir Hew Dalrymple of North Berwick Baronet; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 27th Day of July and the 11th Day of August 1763; and of Two Interlocutors of the said Lords of Session, of the 21st Day of December 1763; and praying, "That this House will give the Appellants such Relief in the Premises as to their Lordships shall seem meet; and that Archibald Stuart, otherwise Douglas, may be required to answer the said Appeal:"

It is Ordered, That the said Archibald Stuart otherwise Douglas may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Friday the 23d Day of March next; and Service of this Order upon the Counsel or Agents of the said Respondent in the said Court of Session shall be deemed good Service.

Conference had about the Libel, intituled, Droit le Roy.

The House being informed, "That the Managers for the Commons were ready for the Conference, in the Painted Chamber:"

The Names of the Managers for this House were called over.

And the House was adjourned during Pleasure; and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That the Managers had met the Commons, at the Conference; and communicated to them the Resolutions of this House, together with the printed Book upon which the said Resolutions were founded."

Woods against Daly.

After hearing Counsel in Part, in the Cause wherein Alexander Woods Merchant is Appellant, and Catherine Daly Widow is Respondent:

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

Further Conference desired by the Commons.

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

To desire a Conference with this House, upon the Subject-matter of the last Conference.

To which the House agreed.

And the Messengers were called in, and told, "That the Lords do agree to a Conference, as desired; and appoint it presently, in the Painted Chamber."

Ordered, That the Managers of the last Conference be the Managers of this Conference.

Burton to Derby, Road Bill.

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

With a Bill, intituled, "An Act for continuing and enlarging the Term and Powers of an Act, made in the Twenty-sixth Year of the Reign of His late Majesty King George the Second, intituled, An Act for repairing and widening the Road from the West End of the Town of Burton upon Trent in the County of Stafford, through the said Town, to the South End of the Town of Derby in the County of Derby;" to which they desire the Concurrence of this House.

Further Conference had on the Libel, intituled, Droit le Roy:

The House being informed, "That the Managers for the Commons were ready for the Conference, in the Painted Chamber:"

The Names of the Managers for this House were called over.

And the House was adjourned during Pleasure; and the Lords went to the Conference.

Which being ended, the House was resumed.

The Commons agree to the Lords Resolutions concerning it.

And the Lord President reported, "That the Managers had met the Commons, at the Conference; which on their Part was managed by the Lord Strange; who delivered to their Lordships Managers a Paper, containing as follows; videlicet,

"The Commons have desired this Conference, to acquaint your Lordships, That they have taken into their Consideration the printed Book, intituled, "Droit le Roy," which was communicated by your Lordships to the Commons at the last Conference; and that the Commons have agreed to the Resolutions which were then communicated to the Commons, and to which your Lordships desired their Concurrence, and have filled up the Blanks with ["and Commons"], and have directed us to return the said printed Book to your Lordships."

Blanch & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming a Partition of several Estates, late of Thomas Horton, in the Counties of Wilts and Gloucester, between William Blanch, John Roberts, Richard Brereton, and others; and for vesting and settling the Premises to the several Uses 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 Monday the 12th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Adjourn

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 27^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Woods against Daly:

After hearing Counsel, as well on Friday last as this Day, upon the amended Petition and Appeal of Alexander Woods of Killateery in the County of Gallway and Kingdom of Ireland Merchant; complaining of Two Decrees of the Court of Chancery in the said Kingdom, of the 9th of February 1746, and 14th of February 1761; and praying, "That the same might be reversed, varied, or altered; or that the Appellant 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 Catherine Daly Widow put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement affirmed, with Costs.

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 Decrees therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent, the Sum of One Hundred Pounds of lawful Money of Great Britain, for her Costs in respect of the said Appeal.

His Majesty's Advocate against D. of Gordon.

Upon reading the Petition of His Majesty's Advocate for Scotland, Appellant in a Cause depending in this House, wherein his Grace the Duke of Gordon and others are Respondents; praying, "In regard that the Subject-matter of this Appeal is under Accommodation between the Parties, that their Lordships would put off the Hearing till next Session of Parliament; the Agent for the Respondents having signed the said Petition, as consenting thereto:"

Hearing put off till next session.

It is Ordered, That the Hearing of the said Cause be put off till the next Session of Parliament, as defired.

Wilson to enter into Recognizance on Erskine's Appeal.

The House being moved, "That Mr. John Wilson of The Inner Temple may be permitted to enter into a Recognizance for Thomas Erskine, commonly called Lord Erskine, and John Erskine of Balgounie Esquire, on account of their Appeal depending in this House; they living in Scotland:"

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

Chilver's Coton Enclosure, Bill: His Majesty's Consent signified.

The Earl of Sandwich acquainted the House, "That His Majesty, having been informed of the Purport of the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, and Commons or Waste Grounds in the Parish of Chilver's Coton, in the County of Warwick," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."

Then the said Bill was read a Second Time.

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 next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Causes removed.

Ordered, That the Cause which stands appointed for To-morrow, be put off to Tuesday the 6th Day of March next; and that the Cause which stands for Wednesday next be put off to Wednesday the 7th Day of March next; and that the other Causes be removed in Course.

Meeting of the Committee relating to the Clerks put off.

Ordered, That the Sitting of the Committee, in relation to the Appointments of the Clerks, which is appointed for To-morrow, be put off to Friday next.

Sitting of Committee of Privileges on Botetourt Barony put off.

Ordered, That the Sitting of the Committee of Privileges, upon the Petition of Norborne Berkeley Esquire to His Majesty, in relation to the Barony of Botetourt, which is appointed for Wednesday next, be put off to Monday the 5th Day of March next.

Standing Order, relating to printed Cases, to be considered.

Ordered, That this House will, To-morrow, take into Consideration the Standing Order of the 18th of December 1724, requiring the Delivery of the printed Cases upon Appeals or Writs of Error to the Clerk, to be distributed to the Lords at least Two Days before the Hearing of such Appeals or Writs of Error; and the Lords to be summoned.

Horbling Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows, and Common Fen, in the Parish of Horbling, in the County of Lincoln, and for draining and improving the said Fen."

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 the 6th Day of March next, at the usual Time and Place; and to adjourn as they please.

Beaghane's, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estate late of Edmund Hungate Beaghan Esquire, deceased, in the Counties of Kent and Sussex, in Trustees, in Trust, to sell and convey the same to Edward Louisa Mann Esquire, or as he shall appoint, pursuant to an Agreement for that Purpose; and for applying the Money arising by such Sale for the Benefit of George Edmund Beaghan, his only Son and Heir, an Infant."

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 the 13th Day of March next, at the usual Time and Place; and to adjourn as they please.

E. of Ashburnham, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Earl and Countess of Ashburnham; 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 Manors, Lands, and Hereditaments, in the Counties of Bedford, Dorset, and Lancaster, comprised in the Marriage Settlement of John Earl of Ashburnham, in him the said Earl, in Fee Simple, discharged of the Uses and Trusts of that Settlement; and for substituting and settling other Lands and Hereditaments, in the Dominion of Wales, in Lieu thereof, and to the like Uses."

King's Will, Exemplification, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for making the Exemplification of the Will of Thomas King Esquire, deceased, Evidence in all Courts of Law and Equity in Great Britain and Ireland."

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. Anguish and Mr. Graves:

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

N Berville's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing James Nehou de Berville."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to R. 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.

Burton to Derby, Road, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for continuing and enlarging the Term and Powers of an Act made in the Twenty-fixth Year of the Reign of His late Majesty King George the Second, intituled, "An Act for repairing and widening the Road from the West End of the Town of Burton upon Trent in the County of Stafford, through the said Town, to the South End of the Town of Derby in the County of Derby."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum octavum diem instantis Februarii, hora undecima Auroæ, Dominis sic decernentibus.

DIE Martis, 28^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Barrymore's Estate to vest in Trustees, Bill.

The Lord Grosvenor reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Lands and Hereditaments in Great Britain and Ireland, Part of the Estate of James Earl of Barrymore, in Trustees, for raising Money, towards paying and discharging the Debts and Encumbrances affecting his Real Estates," 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."

Ordered, That the said Bill be engrossed.

Vicar of Rochdale, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Vicar of the Parish of Rochdale in the County of Lancaster, for the Time being, to grant a Lease or Leases of the Glebe Lands belonging to the said Vicarage," 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."

Young Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Young Esquire, for and on the Behalf of himself and his Children; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of William Young Esquire; in the County of Wilts, in Trustees, to be sold; and for laying out the Money arising thereby, together with other Money of the said William Young, in the Purchase of other Hereditaments, of greater Value, to be settled in Lieu thereof."

Standing Order relating to printed Cases.

The House (according to Order) proceeded to take into Consideration the Standing Order of the 18th of December 1724, requiring the Delivery of the Printed Cases, upon Appeals or Writs of Error, to the Clerk, to be distributed to the Lords at least Two Days before the Hearing of such Appeals or Writs of Error.

And the same being read; the following Alteration was agreed to be made in the said Standing Order; (videlicet,)

"5th Line. Leave out ["Two"] before the Word ["Days"], and instead thereof insert ["Four"].

Ordered, That the said Standing Order, thus amended, be printed and published.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, primum diem Martii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.