House of Lords Journal Volume 32: February 1770, 1-10

Die Veneris, 2^o Februarii 1770.

Domini tam Spirituales quam Temporalis prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.

D. Devonshire takes his Seat.

This Day William Duke of Devonshire sat First in Parliament After the Death of his Father William Duke of Devonshire; his Grace 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.

Garter King at Arms delivered in, at the Table, his Grace's Pedigree, pursuant to the Standing Order.

E. Erroll takes the Oaths.

William Earl of Errol took the Oaths, and made and subscribed the Declaration, and alio took and subscribed the Oath of Abjuration, pursuant to the Statutes.

L. Audley takes hie Seat.

This Day John Lord Audley sat First in Parliament after the Death of his Brother James Lord Audley, 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.

Garter King at Arms delivered in, at the Table, his Lordship's Pedigree, pursuant to the Standing Order.

Caldecot et al. Petition referred to Judges.

Upon reading the Petition of Gilbert Claldecot Esquire and Sarah his Wife, Thomas Duncombe and Coningsby Sibthorp Esquires; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Prowse et al. Petition referred led to judges.

Upon reading the Petition of Mary Prowse, the eldest of the Two only Daughters of Thomas Prowse late or Berkeley in the County or Somerset Esquire deceased, and of John Mordaunt Esquire and Elizabeth his Wife, the other and youngest of the said Two Daughters of the said Thomas Prowse deceased, and of Elizabeth Prowse the Widow and Relict of the said Thomas Prowse deceased, and Mother of them the said Mary Prowse and Elizabeth the Wife of the said John Mordaunt; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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.

Orphan Funds, Bridge, &c. Accounts delivered.

The House being informed, That a Person from the Chamberlain of the City of London attended:

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

An Account of Money received and paid, in pursuance of the Acts for building and completing the Bridge at Blackfriars, from the 28th Day of September 1768 exclusive, to the 28th Day of September 1769 inclusive.

Also, An Account of Money received and paid, in pursuance of the Act for the better paving, cleansing, and enlightening, the City of London, and the Liberties thereof, from the 28th Day of September 1768 exclusive, to the 28th September 1769 inclusive.

Also, An Account of Money received and paid, in pursuance of the Act for repairing The Royal Exchange in the City of London, from the 28th Day of September 1768 exclusive, to the 28th Day of September 1769 inclusive.

Also, An Account of Money received and paid, in pursuance of the Act for embanking Part of the North Side of the River Thames, from the 28th Day of September 1768 exclusive, to the 28th Day of September 1769 inclusive.

Also, An Account of Money received and paid, in pursuance of the Act for rebuilding the Gaol of Newgate, in the City of London, from the 28th Day of September 1768 exclusive, to the 28th Day of September 1769 inclusive.

And also, An Account of the Surplus of the Fund for the Relief of the Orphans, and other Creditors of the City of London, on the 5th Day of July 1769.

And then he withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the said Accounts do lie on the lable.

State of the Nation considered.

The Order of the Day being read, for taking into Consideration the State of the Nation, and for the Lords to be summoned:

It was moved, That the House be pitt into a Committee thereupon:

Accordingly, the House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed.

Resolution on it not agreed to.

Then it was moved, To resolve, that the House of Commons, in the Exercise of its Judicature in Matters of Election, is bound to judge according to the Law of the Land, and the known and established Law and Custom of Parliament, which is Part thereof:

Which being objected to, and a Question dated thereupon:

After Debate,

The previous Question was put, Whether the said Question mall be now put?

It was resolved in the Negative.

Dissentient.

Protest thereupon.

1st. Because the Resolution proposed was in our Judgement highly necessary to lay the Foundation of a Proceeding, which might tend to quiet the Minds of the People, by doing them Justice, at a Time when a Decision of the other House, which appears to us inconsistent with the Principles of the Constitution, and irreconcileable to the Law of the Land, has spread so universal an Alarm, and produced so general a Discontent, throughout the Kingdom.

2dly. Because, although we do not deny that the Determination on the Right to a Seat in the House of Commons is competent to the Jurisdiction of that House alone, yet when to this it is added, that whatever they, in the Exercise of that Jurisdiction, think sit to declare to be Law, is therefore to be so considered, because there lies no Appeal, we conceive ourselves called upon to give that Proposition the strongest Negative; for, if admitted, the Law of the Land (by which all Courts of Judicature, without Exception, are equally bound to proceed) is at once overturned and resolved into the Will and Pleasure of a Majority of One House of Parliament, who, in assuming it, assume a Power to overrule at Pleasure the fundamental Right of Election, which the Constitution has placed in other Hands, those of their Constituents; and if ever this pretended Power should come to be Exercised to the full Extent of the Principle, that House will be no longer a Representative of the People, but a separate Body, altogether independent of them, self-existing and self-elected.

3dly. Because, when we are told that Expulsion implies Incapacity; and the Proof insisted upon is, that the People have acquiesced in the Principle, by not re-electing Persons who have been expelled; we equally deny the Position as false, and reject the Proof offered, as in no Way supporting the Position to which it is applied; we are sure the Doctrine is not to be found in any Statute or Law Book, nor in the Journals of the House of Commons, neither is it consonant with any just or known Analogy of Law; and as not re-electing would, at moll, but inser a Supposition of the Electors Approbation of the Grounds of the Expulsion, and by no Means their Acquiescence in the Conclusion of an implied Incapacity; so, were there not One Instance of a Re-election After Expulsion but Mr. Woolaston's that alone demonstrates, that neither did the Constituents admit, nor the House of Commons maintain, Incapacity to be the Consequence of Expulsion; even the Case of Mr Walpole shews, by the First Re-election, the Sense of the People, that Expulsion did not infer Incapacity; and that Precedent too, (which is the only One of an Incapacity), produced as it was under the Influence of Party Violence in the latter Days of Queen Anne, in so far as it relates to the Introduction of a Candidate having a Minority of Votes, decides expressly against the Proceedings of the House of Commons, in the late Middlesex Election.

4thly. BeCause, as the Constitution hath been once already destroyed by the Assumption and Exercise of the very Power which is now claimed, the Day may come again when Freedom of Speech may be criminal in that House, and every Member who shall have Virtue enough to withstand the Usurpations of the Time, and assert the Rights of the People, will for that Offence be expelled, by a factious and corrupt Majority, and by that Expulsion rendered incapable of serving the Public; in which Case the Electors will find themselves reduced to the miserable Alternative of giving up altogether their Right of Election, or of choosing only such as are Enemies of their Country, and will be passive at least, if not active, in subverting the Constitution.

5thly. Because, although it has been objected in the Debate, that it is unusual and irregular in either, House of Parliament to examine into the judicial Proceedings of the other, whose Decisions, as they cannot be drawn into Question by Appeal, are, it is said, to be submitted to without Examination of the Principles of them elsewhere; we conceive the Argument goes directly to establish the exploded Doctrine of Passive Obedience and Non-resistance, which, as applied to the Acts of any Branch of the Supreme Power, we hold to be equally dangerous: And though it is generally true, that neither House ought lightly and wantonly to interpose, even art Opinion, upon Matters which the Constitution hath entrusted to the Jurisdiction of the other, we conceive it to be no less true, that where, under Colour of a judicial Proceeding, either House arrogates to itself the Powers of the whole Legislature, and makes the Law which it professes to declare, the other not only may, but ought to assert its own Right and those of the People: That this House has done so in former Instances, particularly in the famous Case of Ashby and White, in which the First Resolution of the Lords declares, That neither House of Parliament hath any Power, by any Vote or Declaration, to create to themselves any new Privilege that is not warranted by the known Laws and Custom of Parliament; we ought to interfere at this Time, the rather as our Silence on so important and alarming an Occasion, might be interpreted into an Approbation of the Measure, and be a Means of losing that Confidence with the People, which it is so essential to the Public Welfare that this House, the hereditary Guardians of their Rights, should at all Times endeavour to maintain.

6thly. Because, upon the Whole, we deem the Power which the House of Commons have assumed to themselves, of creating an Incapacity unknown to the Law, and thereby depriving, in Effect, all the Electors of Great Britain of their invaluable Right of Free Election, confirmed to them by so many solemn Statutes, a flagrant Usurpation, as highly repugnant to every essential Principle of the Constitution as the Claim of Ship Money by King Charles the First, or that of the suspending and dispensing Power by King James the Second; this being indeed, in our Opinion, a suspending and dispensing Power assumed and Exercised by the House of Commons against the antient and fundamental Liberties of the Kingdom.

Resolution against this House interfering with a Judgment of H. C in a Matter where their Jurisdiction is competent.

Then it was moved, To resolve, that any Resolution of this House, directly or indirectly, impeaching a Judgement of the House of Commons in a Matter where their Jurisdiction is competent, final, and conclusive, would be a Violation of the Constitutional Rights of the Commons, tends to make a Breach between the Two Houses of Parliament, and leads to general Confusion.

Which being objected to:

After long Debate,

It was moved, To adjourn this Debate to Monday next.

And the same being objected to:

The Question was put thereupon,

It was resolved in the Negative.

Then an Amendment was proposed to be made to the said Resolution, by inserting the Word [legal] before the Word [Judgement].

Which being objected to,

The Question was put, Whether the Word [legal] shall be inserted?

It was resolved in the Negative.

Then a Question having been stated upon the said Resolution as at First proposed,

After long Debate;

The previous Question was put, Whether the said Question shall be now put?

It was resolved in the Affirmative.

Then the main Question was put, That any Resolution of this House, directly or indirectly, impeaching a Judgement of the House of Commons in a Matter where their Jurisdiction is competent, final, and conclusive, would be a Violation of the Constitutional Rights of the Commons, tends to make a Breach between the Two, Houses of Parliament, and leads to general Confusion.

It was resolved in the Affirmative.

Protest against it.

Dissentient.

Because, we apprehend, That the Rights and Powers of the Peerage are not given for our own particular Advantage, but merely as a Constitutional Trust, to be held and Exercised for the Benefit of the People, and for the Preservation of their Laws and Liberties; and we should hold ourselves Betrayers of that Trust, unworthy of our high Rank in the Kingdom, and of our Seats in this House, if we considered any one legal Right of the Subject, much less the First and most important of all their Rights, as a Matter indifferent and foreign to the Peers of this Kingdom.

2dly. Because, by this Resolution, it is declared to the World, That if the House of Commons should change the whole Law of Election, should transfer the Rights of the Freeholders to Copyholders and Leaseholders for Years, or totally extinguish those Rights by an arbitrary Declaration; should alter the Constitution of Cities and Boroughs with regard to their Elections; should reverse, not only all the Franchises of Suffrage which the People hold under the Common Law, but also trample upon the Sanctions of so many Acts of Parliament made for declaring and securing the Rights of Election; that even in such a critical Emergency of the Constitution, the People are to despair of any Relief whatsoever from any Mode of direct or indirect Interference of this House.

3dly. Because, by this Resolution the House not only refuses to stand by the People in Case they should suffer the most grievous Injuries from their Representatives, but it abdicates its antient and unquestioned Province and Duty of the hereditary Council to the Crown, rendering itself unable to give its Advice in a Point, in which of all others the King may stand in the greatest Need of the Wisdom and Authority of the Peers; a Point, such as the present, in which Numbers of the Constituents have, in a Manner agreeable to Law, carried up their Complaints to the Throne against their Representatives.

4thly. Because, by the said Resolution, we do a most material Injury to the House of Commons itself; the Resolution, by the studied Latitude of the Words, directly or indirectly to impeach, puts it out of the Power of the Lords to offer, either in the present or in any future unfortunate Difference between them and their Constituents, even in the Way of Friendly Conference, our amicable and healing Mediation; the Want of which may be a Means of letting such Difference run to Extremities, fatal to the House of Commons itself, to the Constitution, and to the Nation.

5thly. Because we consider ourselves also, as an House of Parliament, to be most materially interested, that the People should be legally and constitutionally represented; for as the House of Commons makes an essential Part of Parliament, if that House should come to be chosen in a Manner not agreeable to the Laws and Constitution of the Kingdom, the Authority of Parliament itself must suffer extremely, if not totally perish; the Peers can no more, in their legislative Capacity, do any valid Act, without a legal House of Commons, than without a legal Prince upon the Throne.

6thly. Because by this Resolution, the Constitutional Controul has been given up, which this House, as appears by antient and recent Precedents, have constantly claimed and Exercised; and for the Purpose of which the Legislature has been divided into separate Branches: We are far from denying such a Reciprocity of Controul in the other House, even in Matters within our separate and final Jurisdiction; neither arrogating to ourselves, or acknowledging in others, any Power distinct: from or above the Law of the Land: But we cannot behold without the utmost Shame and Indignation, this House making a voluntary Surrender of its most undoubted, legal, necessary, and sacred Rights; not only omitting, but refusing, to examine Precedents; not previously desiring a Conference with the other House, to discover whether they were inclined to admit, in this House, a correspondent Immunity, from Interposition on their Part, in Matters within the particular Jurisdiction of the Peers. These Proceedings are as derogatory from the Dignity of the House, as they are contrary to its Duty and its Interest; they cannot fail of lowering this House in the Opinion of Mankind, who will not believe that the Peers can have any Attention to the Welfare of the People, when they have shewn so little Regard to their own Honour: This Resolution must tend to forward that Plan which, with great Uneasiness, we have seen for a long Time systematically carried on, for lowering all the Constitutional Powers of the Kingdom, rendering the House of Commons odious, and the House of Peers contemptible.

7thly. Because the Impropriety of this Resolution was infinitely aggravated by the sudden and surreptitious Method by which it was brought into and carried through this House: That a Resolution, new in Matter, wide in Extent, weighty in Importance, involved in Law and Parliamentary Precedents, should be moved at Midnight, after the House was spent with the Fatigue of a former Debate; that an Adjournment of only Two Days, to enable the Lords to consult the Journals on this important Point, should be refused; and that an immediate Division should be pressed; are Circumstances which strongly mark the Opinion of the Movers, upon the Merit of their own Proposition: Such a Proceeding appears to us altogether unparliamentary and unjust, as it must, in every Instance where it is practised, preclude all Possibility of Debate; and when, by this Means, all Argument and fair Discussion is suppressed, the Deliberations of this House will degenerate into silent Votes.

We think ourselves, therefore, as Peers, and as Englishmen and Freemen, (Names as dear to us as any Titles whatsoever), indispensably obliged to protest against a Resolution utterly subversive of the Authority and Dignity of this House, equally injurious to the collective Body of the People, to their Representatives, and to the Crown, to which we owe our Advice upon every public Emergency; a Resolution, in Law unConstitutional; in Precedent, not only unauthorized, but contradicted; in tendency, ruinous; in the Time and Manner of obtaining it, unfair and surreptitious. And we here solemnly declare and pledge ourselves to the Public, That we will persevere in availing ourselves, as far as in us lies, of every Right and every Power with which the Constitution hath armed us, for the Good of the Whole, in order to obtain full Relief for the injured Electors of Great Britain, and full Security for the future against this most dangerous Usurpation upon the Rights of the People; which, by sapping the Fundamental Principles of this Government, threatens its total Dissolution.

Richmond.

Portland.

Radnor.

Camden.

Thanet.

Lyttelton.

Audley.

Fred. Exon.

Stamford.

John Bangor.

Effingham.

Craven.

Fortescue.

Coventry.

Torrington.

Wycombe.

Temple.

King.

Tankerville.

Manchester.

Chedworth.

Ponsonby.

Archer.

Chatham.

Hyde.

Monson.

Fitzwilliam.

Albemarle.

Scarbrough.

Huntingdon.

Rockingham.

Abergavenny.

Boyle.

Trevor.

Milton.

Northumberland.

Aylesford.

Berkeley.

Bolton.

Grosvenor.

Resolved, That any Resolution of this House, directly or indirectly impeaching a Judgement of the House of Commons, in a Matter where their Jurisdiction is competent, final, and conclusive, would be a Violation (fn. 1) of the Constitutional Rights of the Commons, tends to make a Breach between the Two Houses of Parliament, and leads to general Confusion.

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Lunse, quintum diem instantis Februarii, hora undecima Aurore, Dominis sic decernentibus.

Die Lun, 5^o Februarii 1770.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.

Sir Oliver Crofton against Connor.

After hearing Counsel upon the Petition and Appeal of Sir Oliver Crofton of Dublin, in the Kingdom of Ireland, Baronet, complaining of Two Orders of the Court of Chancery in Ireland, of the 15th of February 1747 and 20th of July 1751; and also of Two Decrees of the said Court, of the 25th of July 1754 and 21st of July 1759; and praying, That the same might be reversed and set aside, or that the Appellant, might have such Relief in the Premises as to this House, in their Lordships great Wisdom, (fn. 2) should seem meet; as also upon the Answer of George Connor put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Orders and Decrees 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 Orders and 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 said Respondent the Sum of Two hundred Pounds of lawful Money of Great Britain for his Costs in respect of the said Appeal.

Plunkett and Reilly against L. Glerawley and Annssley; Pleadings proved.

The House being informed, That Mr. Bray attended in order to deliver in Copies of Pleadings and Proceedings in the Cause depending in this House, wherein Arthur James Plunkett Esquire and James Reilly Esquire are Appellants, and the Right Honourable William Lord Viscount Glerawley, in the Kingdom of Ireland, and Arthur Annesley Esquire are Respondents:

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.

Sir Thomas Champneys et al Petition referred to Judges.

Upon reading the Petition of Sir Thomas Champneys Baronet, on Behalf of himself and of Thomas Swymmer Champneys his only Son, an Infant, Dame Caroline Ann Wife of the said Sir Thomas Champneys, Ehas Benjamin de la Fountaine Gentleman, as Guardian and on Behalf of Elias Benjamin de la Fountaine his Son, an Infant, by his Wife Katherine late Katherine Champneys, and Richard Hole Esquire; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

Hanforth against Chambers, in Error.

The Lord Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table a Writ of Error, wherein John Hanforth is Plaintiff, and John Chambers is Defendant.

E. Anglesey's Petition to His Majesty for a Writ of Summons to Parliament referred to the Committee of Privileges.

The Lord Viscount Weymouth (by His Majesty's Command) presented to the House a Petition of the Right Honourable Arthur Earl of Anglesey, and Baron of Newport Pagnell, in the Kingdom of Great Britain, and Viscount Valentia, Baron of Mount Norris, and Baron Altham, in the Kingdom of Ireland, to His Majesty; praying a Writ of Summons to Parliament, together with His Majesty's Reference thereof to this House, and the Report of His Majesty's Attorney General annexed:

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

To the King's most Excellent Majesty.

The Humble Petition of the Right Honourable Arthur, Earl of Anglesey and Baron of Newport Pagnell in the Kingdom of Great Britain, and Viscount Valentia, Baron of Mount Norris, and Baron Altham, in the Kingdom, of Ireland,

Sheweth,

That the Right Honourable Richard late Earl of Anglesey, Your Petitioner's Father, died on the 14th of February 1761, entitled to the above Honours of Earl of Anglesey and Baron of Newport Pagnell in Great Britain, (by which he sat and voted many Years in Parliament), and also entitled to the Honours of Viscount Valentia, Baron of Mount Norris, and Baron Altham, in Ireland, leaving your Petitioner, Arthur, his only Son and Heir Male of his Body, and as such entitled to all his Honours:

That Your Petitioner being, at his Father's Death, a Minor, under the Age of Twenty-one Years, a Memorial was preserved to the Earl of Halifax, Your Majesty's then Lieutenant General and General Governor of Ireland, (where Your Petitioner's Father mostly resided in his Life-time, and afterwards died, and where Your Petitioner was born), in the Name of John Annesley Esquire, claiming the Irish Honours of Viscount Valentin and Baron of Mount Norris, as descended to him, upon a supposed Failure of Issue Male of Your Petitioner's Father, the last Earl; and Your Petitioner being at that Time a Minor, a Second Memorial was immediately exhibited in the Name of Your Petitioner, by the Right Honourable Juliana Countess of Anglesey his Mother, and Testamentary Guardian, appointed by his Father; asserting Your Petitioner's Right to the Honours called in Question, and praying, to be admitted to support the same: Both which Memorials were, in November 1761 and February following, referred by his Excellency to the Attorney and Solicitor General of that Kingdom:

That, after a most voluminous Examination of Witnesses had upon both the said Memorials, and a Deliberation of near Four Years Continuance, Your Majesty's Attorney and Solicitor General of Ireland, on the 21st of September 1765, made their Report to the Lords Justices of that Kingdom, thereby concluding, in explicit and direct Terms, That the Honours of Viscount Valetta and Baron Mount Norris were legally vested in your Petitioner, as only Son and Heir Male of the Body of Richard late Earl of Anglesey, Viscount Valentia and Baron Mount Norris:

That the Report having been transmitted to Your Majesty, Your Majesty, on 21st November 1765, was pleased to signify Your Royal Pleasure to the Lord Lieutenant of Ireland, that his Excellency should order a Writ of Summons to be made out, to call Your Petitioner to the Parliament of Ireland as Viscount Valentia, Baron of Mount Norris, and Baron of Altham, in that Kingdom: In pursuance whereof, Your Petitioner (who, on the 7th of August preceding, had (fn. 3) attained his Age of 21 Years) was duly summoned, in virtue of the said several Honours, to the Parliament of Ireland, as of the then Session; and on the 5th of December following took his Seat accordingly in the House of Peers in that Kingdom, and hath ever since continued to sit and vote there:

That Your Petitioner soon after preserved his Petition to Your Majesty, praying Your Royal Order for a Writ of Summons, to call him to the Parliament of Great Britain, as a Peer of the Realm, by the Stile and Title of Earl of Anglesey and Baron of Newport Pagnell, by immediate Descent from the last Earl his Father; and on 7th July 1766, Your Majesty was pleased to refer the same to the Honourable Charles Yorke, Your Majesty's then Attorney General, to consider thereof and report his Opinion what; might be properly done therein; and a like Reference was afterwards made to William Be Grey Esquire:

That, on 15th January 1767, Mr. Be Grey reported to Your Majesty, that he had considered the Report of Your Majesty's Attorney and Solicitor General of Ireland, and all the Proofs thereto annexed, as the same had been transmitted to him from the Earl of Shelburne's Office, and reported it as his Opinion, That Your Majesty might properly, if you so pleased, order the usual Writ of Summons to issue, for calling Your Petitioner to the Parliament of Great Britain, as desired:

That Your Majesty was pleased, by Letter from Mr. Secretary Conway, of the 29th of the same Month, to refer it to Mr. Attorney General, to reconsider his Report, and to deliver his Opinion upon such original Evidence as Your Petitioner should think sit to lay before him; and on the 19th of February following, Your Majesty was pleased, in like Manner, to refer to Mr. Attorney another Petition, which had been preserved to Your Majesty in the Name of a Person calling herself Lady Dorothea Dubois, on Behalf of herself and her Two Sisters, suggesting supposed Prejudice which might result to them in a Suit depending in the Ecclesiastical Court; in Case Your Petitioner's Writ should then issue:

That Your Petitioner being deprived, by this last Reference, of the Use of all the voluminous Evidence which had been taken in Ireland, and annexed to the Report of Your Majesty's Officers ifi that Kingdom, and the Second Petition (though not from any Competitor for the Honours) having assumed the supposed Illegitimacy of Your Petitioner as its Foundation, and having taken up the whole Matter in its full and original Extent, Your Petitioner was under the Necessity of sending back to Ireland, to collect from the different Parts of that Kingdom, as many of his former Witnesses as were living or could be found, to confirm the Testimony they had before given on the Part of Your Petitioner, and to refute the Representations of his new Opponent; and After numberless new Affidavits taken, attended with great Delay and a heavy additional Expence to Your Petitioner, and a thorough Discussion of the Evidence produced in Support of both Petftioris, by Counsel and Agents on both Sides, Mr. Attorney General was pleased to make his further Report to Your Majesty, on the 14th September last, concluding in express Terms, That, from the best Consideration he had been able to give the Case, upon such Proofs as had been laid before him, he was of Opinion, that Your Petitioner is the legitimate Son of the late Earl of Anglesey, and as such entitled to the English Honours of Earl of Anglesey and Baron of Newport Pagnell; and (if Your Petitioner was so entitled) that he thought there was no just or reasonable Ground, at the Instance of the Petitioner Dorothea, to protract Your Petitioner's Enjoyment of these Honours, or to suspend his Seat as a Member of the House of Peers, till the future Determination of a Suit in the Spiritual Court, depending between other Parties, in which he had no Concern, and which have been carried on in such a Manner, as to leave it uncertain when it would (if it should ever) be brought to a Decision; and which Decision, when obtained, would not be applicable to the Subject Matter of the Reference:

That Your Petitioner having thus established his Right against the injurious Representations of his Opponents, by Three concurrent Reports of Your Majesty's Officers in the Law Department in both Kingdoms, (made to Your Majesty in Return to as many References to them immediately from Your Majesty), and having been admitted to his Seat in the House of Peers in Ireland, where he had a Competitor, and having no Competitor for the Honours descended to him in this Kingdom, presumes to approach Your Royal Presence, in humble Confidence that Your Majesty's Justice will not permit his Right to the Exercise of his Peerage to be longer suspended by groundless refuted Calumnies, nor expose Your Petitioner, who claims by immediate Descent, to unusual Difficulties; but will be graciously pleased to direct a Writ of Summons to be issued to Your Petitioner, agreeable to the Prayer of his Petition, already submitted to Your Majesty.

And Your Petitioner shall ever pray.

Anglesey.

Saint James's, February 5th, 1770.

His Majesty being moved upon this Petition, is graciously pleased to refer the same (together with the Report and other Papers thereunto annexed) to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned; and to in form His Majesty, how the same shall appear to their Lordships.

Weymouth.

Ordered, That the said Petition, with His Majesty's Reference thereof to this House, and the At torney General's Report thereunto annexed, be referred to the Consideration of the Lords Committees for Privileges; whose Lordships having considered thereof, and also of the Report annexed, and heard such Persons concerning the same, as they shall think sit, are to report their Opinion thereupon to the House.

Horned Cattle Indemnity Bill.

A message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, An Act for indemnifying all Persons with respect to advising or carrying into Execution His Majesty's Orders of Council made for preventing the spreading of a contagious Distemper amongst the Horned Cattle, and for render ing the same valid and effectual; and for preventing Suits in consequences thereof, and to authorize the continuing, extending, and executing the same for a further Time; to which they desire the Concur rence of this House.

Schneider's Nat. Bill.

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

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

Mutiny Bill.

A message was brought from the House of Commons, by Charles Whitworth and others:

With a Bill, intituled, An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters; to which they desire the Concurrence of this House.

L. Geo Sackville to take the Name of German, Bill.

A message was brought from the House of Commons, by General Irvine and others:

With a Bill, intituled, An Act to enable the Right Honourable George (fn. 4) Sackville, commonly, called Lord George Sackville, and his Issue Male, to take and use the Surname of German, pursuant to the Will of the Right Honourable the Lady Elizabeth Germain deceased; to which they desire the Concurrence of this House.

The said Four Bills were, severally Time.

Nelthorpe et al Petition referred to Judges.

Upon reading the Petition of George Nelthorpe of Seacroft Hall in the County of York Esquire, Farrer Wren of Binchester in the Bishoprick of Durham Esquire, Father and Natural Guardian of Mary Wren his only Daughter, an Infant, the Reverend Nelthorpe Wade of Preston in the County of Somerset Clerk, and George Weller of Boxtead Hall in the County of Suffolk Esquire; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Sir Geo. Robinson et Ux. Petition referred to Judges.

Upon reading the Petition of Sir George Robinson of Cranford in the County of Northampton Baronet, and Dame Dorothea his Wife, on Behalf of themselves, and George Robinson, John Robinson, William Robinson, and James Robinson, their Infant Sons; praying Leave to bring in a Bill to empower the Trustees named in the Settlements in the Petition mentioned, to grant building and repairing Leases of the Settled Estates therein mentioned:

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

Pocock and Pye against Gyles.

Upon reading the Petition of Thomas Gyles, Defendant in a Writ of Error depending in this House, wherein Joseph Pocock and John Pye are Plaintiffs; setting forth, That the said Writ of Error is brought merely for Delay; and therefore praying, That the same may be non-pros'd, with such Costs, as to the House mall seem meet:

Writ of Error non-pros'd with Costs.

It is Ordered, That the Petitioner do forthwith enter a Non-pros, yyon the said Writ of Error as desired, and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court as if no such Writ of Error had been brought into this House: And it is further Ordered, That the Plaintiffs in Error do pay, or cause to be paid, to the said Defendant, the Sum of Twenty Pounds for his Costs, by Reason of the Delay of the Execution of the said Judgement.

Jacquin takes the Oaths for his Naturalization.

John Nicholas Jacquin took the Oaths appointed in order to his Naturalization.

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

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 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 Mansfield Capitalis Justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, septimum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Mercurii, 7^o Februarii 1770.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker, by virtue of His Majesty's Commission.

Ponsonby against Adams's;

After hearing Counsel upon the Petition and Appeal of William Carrique Ponsonby Esquire, complaining of a Decree of the Court of Exchequer in Ireland, of the 3d of December 1767; and praying, That the same might be reversed, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also, upon the Answer of Prudence Adams, Samuel Adams, and Roger Adams, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree reversed, and Respondents Bill dismissed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Decree complained of in the said Appeal be, and the same is hereby reversed; and that the Respondents Bill be dismissed without Costs, as against the Appellant.

Dalgleish and Mackintosh against Sibbald.

The Answer of James Sibbald, to the Appeal of James Dalgleish and Robert Mackintosh Esquire, was this Day brought in:

Chatto against Baillie.

As was also, The Answer of William Baillie to the Appeal of Andrew Chatto:

Graham et al against M'Nair.

And also, The Answer of Robert M'Nair to the Appeal of John Graham and others.

Justiciary in Scotland; Mungo Campbell's Appeal from, rejected.

Upon reading the Petition, purporting to be in the Nature of an Appeal, of Mungo Campbell late Officer of Excise at Saltcoats, now Prisoner in The Tolbooth of Edinburgh, complaining of Two Interlocutory Sentences of the Court of Justiciary in Scotland, of the 22d Day of December 1769 and 22d of January last; and praying, That the same may be reversed, varied, or altered, or that the Petitioner may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; to which Petition Archibald Earl of Eglintoun and James Montgomery Esquire, for His Majesty's Interest, are named as in the Nature of Respondents; and also upon hearing the Agent for the Petitioner at the Bar:

It is Ordered, That the said Petition be rejected.

Proceedings of the Commissioners for paving Westminster Streers delivered.

The House being informed, That Mr. Box, from the Commissioners for paving Westminster Streets, attended:

He was called in, and delivered at the Bar, pursuant to Act of Parliament, the Proceedings and Accounts of the said Commissioners:

Copy of the Proceedings of the Commissioners for putting in Execution the several Acts of Parliament, made in the Second, Third, Fourth, and Fifth Years of His present Majesty's Reign, for paving, cleansing, and fighting, the Squares, Streets, Lanes, and other Places, within the City and Liberty of Westminster, &c. from the 23d Day of November 1768 to the 16th Day of January 1770, both inclusive.

Also, An Account of all Contracts and Agreements made by the said Commissioners, from the 23d Day of November 1768 to the 16th Day of January 1770, both inclusive.

And then he withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the same do lie on the Table.

Walkes et Ux. Leave for a Bill.

After reading and Considering the Report of the Judges, to whom was referred the Petition of John Walker Esquire, and Diontsia his Wife; 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 Manor of Lymington and certain Lands and Hereditaments, in the Counties of Somerset and Wilts, settled by the Will of John Walker Esquire deceased, in Trustees, to be sold, and for settling other Lands and Hereditaments, in the said County of Wilts, in Lieu thereof; and for other Purposes therein mentioned.

Jacquin's Nat. Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing John Nicholas Jacquin, 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.

Sir Francis Blake Delaval et al. Petition referred to Judges.

Upon reading the Petition of Sir Francis Blake Delaval Knight of the Most Honourable Order of the Bath, eldest Son and Heir of Francis Blake Delaval Esquire deceased; Sir John Hussey Delaval Baronet, on Behalf of himself and of John Delaval Esquire his Infant Son, and of Rhoda, Sophia, Elizabeth, Frances, and Sarah Hussey Delaval, the Infant Daughters of the said Sir John Hussey Delaval, Edward Delaval, Thomas Delaval, Sir Edward Astley Baronet, on Behalf of his Infant Sons Francis Astley and Jacob Astley, by Dame Rhoda his late Wife, deceased; Sir William Stanhope Knight of the said Order of the Bath, and Dame Ann Hussey Stanhope his Wife; and the Right Honourable John Earl of Mexborough, in the Kingdom of Ireland, and the Right Honourable Sarah Countess Mexborough, Wife of the said Earl, on Behalf of themselves and their Infant Sons the Right Honourable John Viscount Pollington and the Honourable Henry Saville; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Yates, 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.

Hobart et Ux. Petition referred to Judges.

Upon reading the Petition of the Honourable George Hobart and Albinia his Wife, in Behalf of themselves and of Robert Hobart, George Hobart, and Charles Hobart, their Infant Sons; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Hepburn against E. Portmore, Petition to add a Party to Appeal.

Upon reading the Petition of Thomas Hepburn, Appellant in a Cause depending in this House, to which Charles Earl of Portmore is Respondent; setting forth, That last Session of Parliament the Petitioner appealed to their Lordships, against a Judgement of the Court of Session, pronounced in a Cause wherein the Respondent was Party of One Side, and His Majesty's Advocate for Scotland on Behalf of His Majesty, and the present Petitioner, (fn. 5) the Parties of the other Side; and the Petitioner being now disappointed in his Expectation of the Concurrence of His Majesty's Advocate, as Co-Appellant with him; and therefore praying, Their Lordships to make His Majesty's Advocate, on Behalf of His Majesty, a Party to the said Appeal, (which the Petitioner is advised to follow out for his own Interest), to prevent the same from being dismissed or put off for Want of Parties, the Petitioner amending the Respondent's Copy:

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by adding His Majesty's Advocate for Scotland, on Behalf of His Majesty, Appellant thereto, as desired, he amending the Respondent's Copy.

Mac Lord and Wemyss against Sir John Gordon et al.

Upon reading the Petition and Appeal of Roderick Mac Lord of Cadboll Esquire, and William Wemyss Writer to the Signet in Edinburgh, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 18th of February and 4th of March 1769; of an Interlocutor of the Lords of Session there, of the 19th of July 1769; of another Interlocutor of the Lord Ordinary of the 12th of December 1769; and of Two Interlocutors of the said Lords of Session, of the 17th and 24th of January last; and praying, That the same may be reversed, varied, or altered, or that the Appellants may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet, and that Sir John Gordon Baronet, Mr. William Gordon, Lady Amolia Lamont, John Lamont of Lamont, Mrs. Jean Murray and Mr. William Brander her Husband, may be required to Answer the said Appeal:

It is Ordered, That the said Sir John Gordon, William Gordon, Lady Amelia Lamont, John Lamont, Jean Murray, and William Brander, may have a Copy of the said Appeal, and do put in their Answer, or respective Answer, thereunto, in Writing, on or before Wednesday the 7th Day of March next; and Service of this Order upon the said Respondents, or upon their known Agent in the said Court of Session in Scotland, shall be deemed good Service.

Chatto against Baillie.

The House being moved, That a Day may be appointed for hearing the Cause, wherein John Chatto is Appellant, and William Baillie is Respondent:

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

Grahame et al against M'Nair.

The House being moved, That a Day may be appointed for hearing the Cause, wherein John Grahame of Dougalstone and others are Appellants, and Robert M'Nair is Respondent:

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

Horned Cattle, Indemnity Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for indemnifying all Persons with respect to advising or carrying into Execution His Majesty's Orders of Council, made for preventing the spreading of a " contagions Distemper amongst the Horned Cattle, and for rendering the same valid and effectual, and for preventing Suits in Consequence thereof; and to authorize the continuing, extending, and executing the same, for a further Time.

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

Ordered, That the House be put into a Committee upon the said Bill on Friday next.

Mutiny Bill.

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

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

Ordered, That the House be put into a Committee upon the said Bill on Friday next.

L. Geo. Sackville to take the Name of Germain, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable the Right Honourable George Sackville, commonly called Lord George Sackville, and his Issue Male, to take and use the Surname of Germain, pursuant to the Will of the Right Honourable the Lady Elizabeth Germain deceased.

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

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

Schneider's Nat. Bill.

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

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.

Printer of the Middlesex Journal to attend.

Moved, That William George Edmunds, No. 73, Shoe Lane, Fleet Street, the Printer of The Middlesex Journal, or Chronicle of Liberty, from Saturday, February the 3d, to Tuesday, February the 6th, 1770, do attend this House on Friday next:

And the Standing Order of the 27th of February 1698, No. 77, having been read:

Ordered, That the said William George Edmunds do attend this House on Friday next.

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, nonum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Hitherto examined by us,

13^o die Aprilis 1786.

Morton.

Hopetoun.

Elphinstone.

Die Veneris, 9^o Februarii 1770.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.

Campbell against Wilson et e con.

After hearing Counsel in Part in the Cause wherein John Campbell of Otter Esquire is Appellant, and William Wilson is Respondent, et e contra:

It is Ordered, That the further Hearing of the said Cause be put off till Tomorrow.

Collins against Sawrey.

The Answer of William Sawrey Clerk to the Appeal of Simon Collins Clerk was this Day brought in.

Docksey et Ux. Petition referred to Judges.

Upon reading the Petition of Thomas Docksey Esquire Snelston, in the County of Derby, and Merrial his Wife, in Behalf of themselves and their Infant Daughter and only Child Merrial Docksey; praying Leave to bring in a Bill for vesting the Manor of Snolston, and the other Settled Estates there of the Petitioner Thomas Docksey, in Trustees, in Trust to sell and convey the same to Mr. Arthur Bowyer; and for laying out the Money arising by such Sale in the Purchase of other Lands to be settled to the same Uses:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief 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.

Bromley et al. Petition referred to Judges.

Upon reading the Petition of Bridget Bromley, Widow and Relict of William Throckmorton Bromley Esquire, her late Husband, deceased, and of Richard Davenport and John Mordaunt Esquires, and Sir William Bagot Baronet, Guardians of William Bromley, Bridget Bromley, Lucy Bromley, and Mary Bromley, the only Children of the said William Throckmorton Bromley by Bridget his Wife, for and on the Behalf of the said Children, who are all of them Infants, under the Age of Twenty-one Years; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Willes, 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.

Plunkett and Reilly against L. Glerawey and Annesley, Pleadings Proved.

The House being informed, That George Cannon attended, in order to deliver in Copies of Pleadings and Proceedings in a Cause depending in this House, wherein Arthur James Plunkett Esquire and James Reilly Esquire are Appellants, and the Right Honourable William Lord Viscount Glerawley and Arthur Annesley Esquire are Respondents:

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.

Mercers Company Accounts delivered.

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

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

The Accounts of the Wardens and Commonalty of the Mystery of Mercers of the City of London, from the 10th of October 1768 to the 10th of October 1769, directed to be laid before each House of Parliament, by Two Acts, One of the 21st Year of the Reign of His late Majesty King George the Second, intituled, An Act for the Relief of the Annuitants of the Wardens and Commonalty of the Mystery of Mercers of the City of London and the other of the 4th Year of the Reign of His present Majesty King George the Third, intituled, An Act for the Relief of the Bond and other Creditors of the Wardens and Commonalty of the Mystery of Mercers of the City of London.

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Fitzherbert et al. Petition referred to Judges.

Upon reading the Petition of the Reverend John Fitzherbert Master of Arts, Vicar of the Vicarage and Parish Church of Dovebridge, in the County of Derby, and Sir Henry Cavendish Baronet, and also of Henry Cavendish Esquire, for himself and on Behalf of Richard Cavendish, George Cavendish, and Augustus Cavendish, his Infant Children; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief 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 ligned the Petition; and also that the Judges, having periled the Bill, do sign the same.

Hanforth against Gompertz and Heyman.

Upon reading the Petition of Solomon Gompertz and Meyer Heyman, Defendants in a Writ of Error depending in this House, wherein John Hanforth is Plaintiff; setting forth, That the said Writ of Error is brought merely for Delay; and therefore praying, That the same may be nonpros'd, with such Costs, as to the House shall seem meet:

Writ of Error nonpros'd with Costs.

It is Ordered, That the Petitioner do forthwith enter a Nonpros. on the said Writ of Error as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the Plaintiff in Error do pay, or cause to be paid, to the said Defendants, the Sum of Twenty Pounds for their Costs, by Reason of the Delay of the Execution of the said Judgement.

L. Geo Sickville to tike the Name of Geimam, Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act to enable the Right Honourable George Sackville, commonly called Lord George Sackville, and his Issue Male, to take and use the Surname of German, pursuant to the Will of the Right Honourable the Lady Elizabeth German 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.

Walker's Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting the Manor of Lymington, and certain Lands and Hereditaments in the Counties of Somerset and Wilts, settled by the Will of John Walker Esquire deceased, in Trustees, to be sold; and for settling other Lands and Hereditaments in the said County of Wilts 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 Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers and to adjourn as they please.

Jacquin's Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing John Nicholas Jacquin.

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. Holford and Mr. Montague:

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

Weir against Robertson.

Upon reading the Petition and Appeal of Charles Hope Weir of Craigiehall, One of the Freeholders of the County of Linlithgow, complaining of an Interlocutor of the Lords of Session in Scotland, of the 31st Day of January last; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem just; and that John Robertson may be required to Answer the said Appeal:

It is Ordered, That the said John Robertson may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Friday the 9th Day of March next; and Service of this Order upon the said Respondent, or upon any of his Agents or Solicitors, in the said Court of Session in Scotland, shall be deemed good Service.

Weir against Hog.

Upon reading the Petition and Appeal of Charles Hope Weir of Craigiehall, One of the Freeholders of the County of Linlithgow, complaining of an Interlocutor of the Lords of Session in Scotland, of the 31st Day of January last; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, mall seem meet; and that Roger Hog Esquire may be required to Answer the said Appeal:

It is Ordered, That the said Roger Hog may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Friday the 9th Day of March next; and Service of this Order upon the said Respondent, or upon any of his Agents or Solicitors, in the said Court of Session in Scotland, mail be deemed good Service.

Longlands to enter into Recognizance on Weir's Two Appeals.

The House being moved, That Thomas Longlands may be permitted to enter into a Recognizance for Charles Hope Weir, on Account of his Appeal depending in this House, he living in Scotland:

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

The House being moved, That Thomas Longlands may be permitted to enter into a Recognizance for Charles Hope Weir, on Account of his Appeal depending in this House, he living in Scotland:

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

and on Mac Lord and Wemys's Appeal.

The House being moved, That Thomas Longlands may be permitted to enter into a Recognizance for Roderick Mac Lord of Cadboll Esquire, and William Wemyss Writer to the Signet in Edinburgh, on Account of their Appeal depending in this House, they living in Scotland:

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

Homed Cattle, Indemnity Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for indemnifying all Persons with respect to advising or carrying into Execution His Majesty's Orders of Council made for preventing the spreading of a contagious Distemper amongst the Horned Cattle, and for rendering the same valid and effectual, and for preventing Suits in consequence thereof; and to authorize the continuing, extending, and executing the same for a further Time.

After some Time the House was resumed:

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

Mutiny Bill.

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

After some Time the House was resumed:

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

Esquire Allett et al Petition referred to Judges.

Upon reading the Petition of John Allett (on the Behalf of himself and Priscilla Allett his Wife); the Reverend James Allett Clerk and Mary Priscilla his Wife; William Warner Gentleman and Alice his Wife (for and on Behalf of themselves, and of William James Warner, Samuel George Warner, Rebecca Warner, and Mary Jane Charlotte Warner, their Infant Children); and also of Thomas Plant Hearmings, Thomas Plant Stockley, William Plowett Gentleman, and Gilbert Joddrell Esquire; praying Leave to bring in a Bill for the several Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smyth, 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.

Liverpoole Play house Bill.

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

With a Bill, intituled, An Act to enable His Majesty to license a Play-house in the Town cf Liverpoole, in the County Palatine of Lancaster; to which they desire the Concurrence of this House.

Kroil's Nat. Bill.

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

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

Cailler's, Nat. Bill.

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

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

Mait, &c. Bill.

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

With a Bill, intituled, An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy; to which they desire the Concurrence of this House.

Lock et al. Petition referred to Judges.

Upon reading the Petition of William Lock Esquire and Frederica Augusta his Wife (on Behalf of themselves and of William Lock and Charles Lock their Infant Children); the Right Honourable George Lord Lyttelton, Baron of Frankley in the County of Worcester; Robert Hinde Esquire; John Lock, Daniel Lock, Thomas Lock, and James Lock, Gentleman; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

L. Strange et al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable James Smith Stanley, commonly called Lord Strange, Sir Roger Bradshaigh of Haigh in the County of Lancaster Baronet, Sir William Horton of Chadderton in the said County of Lancaster Baronet, and George Lloyd of Hulme in the said County of Lancaster Esquire, surviving Feoffees in Trust of divers Parts of the Real Estate of William Hulme heretofore of Kearsley in the said County Of Lancaster Esquire deceased; the Reverend Samuel Peploe Doctor of Laws, Warden of the Collegiate Church in Manchester; the Honourable and Reverend John Stanley Rector of the Parish of Bury in the said County of Lancaster; and the Reverend Levett Harris Rector of the Parish of Prestwich, in the said County of Lancaster; praying Leave to bring in a Bill, for the several Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Yates, 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.

The Printer of the Middlesex Journal ordered into Custody for not attending.

The Order of the Day being read for the Attendance of William George Edmunds, No. 73, Shoe Lane, Fleet Street, the Printer of The Middlesex Journal, or Chronicle of Liberty, from Saturday, February 3d, to Tuesday, February 6th 1770.

The Yeoman Usher acquainted the House, That the said William George Edmunds was not attending,

Whereupon, John Copeland, One of the Door Keepers of the House, was called in, and examined as to his serving the said William George Edmunds with the Order of the House for his Attendance this Day.

He was directed to withdraw.

Then it was moved, That the said William George Edmunds be taken into the Custody of the Gentleman Usher of the Black Rod, for not attending as Ordered:

Which being objected to:

It was moved, That the Standing Order, No. 78, might be read.

The said Standing Order was read by the Clerk accordingly.

Then it was moved, That the Standing Order, No. 77, might be read..

The said Standing Order was likewise read by the Clerk.

Then the said John Copeland was again called in, and being sworn and examined, acquainted the House, That on Wednesday Night last he served the said William George Edmunds, personally, with their Lordships Order, for his Attendance this Day; that he told him to be at the House between the Hours of Twelve and One; and that the said William George Edmunds then said, he would obey their Lordships Order.

He is again directed to withdraw.

Then the Question was put upon the said Motion.

It was resolved in the Affirmative.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod, attending this House, do forthwith attach the Body of the said William George Edmunds, 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 Francis Molyneux Knight, Gentleman Usher of the Black Rod, attending this House, his Deputy or Deputies, and every of them.

Standing Order, No. 104, read; Motion thereupon; and Lords to be summoned.

Moved, That the Standing Order, No. 104, may be read.

The same was read by the Clerk accordingly.

Then it was moved To resolve, that for the future no Motion shall be granted for defining or explaining the Powers or Privileges of this House the same Day it is made, nor before the House shall be summoned to Consider of the said Motion.

Ordered, That the Motion be taken into Consideration on Monday next, and that the Lord's be summoned.

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Sabbati, 10^o Februarii 1770.

Domini tara (fn. 6) Spirituales quart Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.

Campbell against Wilson and Campbell, et con.

After hearing Counsel, as well Yesterday as this Day upon the Original Petition and Appeal of John Campbell of Ottar Esquire, complaining of Four Interlocutors of the Lords 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 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; and likewise upon the Cross Appeal of William Wilson Writer to the Signet, Trustee for Alexander Campbell, Heir Male of the Old Family of Campbell of Oltar, complaining of an Interlocutor of the Lords of Session in Scotland, of the 20th of December 1765, and of certain Parts of Two Interlocutors of the same Lords, of the 26th of June and 7th of August 1766; and praying, That the same might be reversed, or that the Appellant might; have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of William Wilson of Edinburgh, Writer ta the Signet, Trustee for Alexander Campbell, Heir Male of the Old Family of Campbell of Ottar, put in to the said Original Appeal; and the Answer of John Campbell of Ottar, put in to the said Cross Appeal; and due Consideration had of what was offered on either Side in these Causes:

Interlocutors in Original Appeal reversed, and in Cross Appeal affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the Interlocutors of the 7th of August 1766, and 18th of February 1767, as are complained of by the Original Appeal, be reversed; and that the Interlocutors, and Parts of Interlocutors complained of by the Cross Appeal, be affirmed.

Thurston et al Petition referred to Judges.

Upon reading the Petition of Thomas Thurston of Maddox Street in the County of Middlesex Esquire, the sole Executor of Mary Essington deceased, late the Widow and sole Executrix of John Essington, late of Ashlyns in the Parish of Berkhamstead Saint Peter, in the County of Hertford Esquire deceased, on Behalf of himself and all other the Creditors of the said John Essington; praying Leave to bring in a Bill for the Purposes in the Petition, mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Adams and Mr. Baron Perrott, who are forthwith to summon all Parties concerned in the Bill, and after tearing 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.

Homes Petition referred to Judges.

Upon reading the Petition of Patrick Home of Wedderburn Esquire, and David Home Esquire Captain in the Royal Regiment of North British Dragoons; praying Leave to bring in a Bill for the several Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Smythe and Mr. Justice Tates, 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.

Lund et al. Petition referred to Judges.

Upon reading the Petition of John Lund of the City of York Gentleman, and of Charles Tarburgh of Heslington, in the County of York Esquire, Patron of the Hospital at Heslington aforesaid, called Sir Thomas Hesketh's Hospital; and also of John Lynley Master of the said Hospital, and John Steel, Thomas Haugh, John Jackson, George Firth, John Agar, John Ware, and John Turnpike, and of Mary Turner Widow, the Poor Brethren and Sister of the same Hospital; praying Leave to bring in a Bill for vesting the Millsy called The Casile Mills, with the Appurtenances, in the said John Lund and his Heirs in Fee Simple, and for securing to the Petitioners, the Master, Brethren, and Sister, of the Hospital therein mentioned, and their Successors for ever, a clear yearly Rent Charge of Thirty-four Pounds in Lieu, there of and for other Purposes:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Adams and Mr. Baron Perrott who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their o 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.

Cartwright et Ux. Petition referred to Judges.

Upon reading the Petition of Thomas Cartwright Esquire, and Mory Catherine his present Wife; praying Leave to bring in Bill, for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief 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.

Malt. &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for continuing and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry for the Service of the Year One thousand seven hundred and seventy.

Kroll's Nat. Bill.

Hodie 1^a vice lecta est Billa intituled, An Act for naturalizing Adam Kroll.

Cailler's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for naturalising John Daniel Caillerr.

Mutiny Bill.

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

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmatives

L. Geo. Sackville to take the Name of Germain, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to enable the Right Honourable George Sackville, commonly called Lord George Sackville, and his Issue Male, to take and use the Surname of Germain, pursuant to the Will of the Right Honourable the Lady Elizabeth Germain deceased.

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 Lords have agreed to Two Preceding Bills.

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

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

Cause put off.

Ordered, That the Cause which stands for Monday next, be put off till Tuesday next.

Adjourn.

Dominus Mansfield Capkalis Justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun duodecimum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.