House of Lords Journal Volume 31
February 1767, 1-10

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History of Parliament Trust

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1767-1830

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466-479

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'House of Lords Journal Volume 31: February 1767, 1-10', Journal of the House of Lords volume 31: 1765-1767 (1767-1830), pp. 466-479. URL: http://british-history.ac.uk/report.aspx?compid=113269 Date accessed: 01 August 2014.


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Contents

Die Lunæ 2o Februarii.
Thanks to the Bp. of Oxford for his Sermon. Pringle against D. of Rox burgh Judgement. Valtiavers’ Nat. Bill. Vanden Bergh’s Nat. Bill. Worcester Roads, Bill. Cranford Bridge to Maidenhead Bridge, &c. Roads, Bill. Starkie et al. Leave for a Bill: Bill read. Duchess Dowager of Portland and Foley’s Petition referred to Judges. Cooper et al Petition referred Judges. Ryecroft et al. petition refered to Judges. Witham et al, Petition referred to Judges. E of Abing cons Petition referred to Judges. Bunting&al. Petition referred to Judges. Cogan’s Petition refered to Judges. William for &Ux Petition referred to Judges. Swettenham to take the Name of Willis Leave for a Bill. Report of Commissioners for paving Westminster streets delivered. Dighton’s Bill. Kencott Common, Bill. Spottiswood to enter into Recognizance for Spiers et al. Adjourn. Die Martis, 3o Februarii.
Lords take the Oaths. Kennion against Sir Richard Glynn and Halifax; Writ of Error. Chamberlain of London against Evans, in E Judge Opinions delivered. Causes removed. Minchin’s Petition referred to Judges. Poyntz et Ux Petition referred to Judges. E Brooke and Warwick Petition for a Bill, to enable him to use the Title of Warwick only. Colemoreetal. Petition referred to Judges. Green et al. Petition referred to Judges. E. of Radnor et al. Petition referred to Judges. Becke’s Petition referred to Judges. E. of Scarbrough et Ux. Petition referred to Judges. Sir Nigel Gresley’s Pet. referred to Judges. Mrs. Spencer et al. Petition referred to Judges. Gascoyne et al. Petition referred to Judges. Saunders and Roycroft, Petition referred to Judges. Sir John Divon Dyke, Petition referred to Judges. Masters Petition referred to Judges. Bond et Ux. Petition referred to Judges. Hoskins et al. Petition referred to Judges. Robb et al. Magistrates of Another Wester against Hunter et al. Martin et al. Magestrates of Piuenweeme against Ramsey et al. Frequharson, Trustee for Fairholm’s Creditors, against Adam. Southward New Road, Bill. Worcester Roads, Bill. Vandenbergh’s Nat. Bill. Valtraver’s Nat. Bill. Cranford Bridge Maidenhead Bridge, &c. Road Bills: Message to H. C. that the Lords have agreed to it. Adjourn. Die Mercurii, 4o Februarii.
Swinsord Bridge, Bill. Valtravers’ Nat Bill. Hotchkie to take the Name of Littler, Bill. Brumgartners Nat. Bill. Kensott Common, Bill. Papers relating to the African Company delivered. Carew against Webb. Chamberlain of London against Evan; Judgement affirmed. Starkie’s Bill. Webb against Carew; Pleadings proved. Adjourn. Die Veneris, 6o Februarii.
Farquharson against Adam. Mutiny Bill. Beckman’s Nat Bill. Worcester Roads, Bill. Kencott Enclosure, Bill. Hobson against Meade. Oriel College, Leave for a Bill: Bill read. Adjourn. Die Lunse, 9o Februarii.
Hobson against Meade. Order reversed. Oriel College, Bill. Worcester Roads, Bill: Southwark New Roads, Bill: Kencott Enclosure, Bill: Hotchkis to take the Name of Littler, Bill: Valtraver’s Nat. Bill: Messages to H. C. that the Lords have agreed to the Fire preceding Bills. Baumgariner’s Nat. Bill: Message to H. C. with it. Mutiny Bill. Beckman’s Nat. Bill. Urquhart to enter into Recognizance on Farquharion’s Appeal. Farquharson against Adam. Davidson to enter into a Recognizance on Maitin’s Appeal. Davidson to enter into a Recognizance on Robb’s Appeal. Swynford Bridge, Bill: Message to H. C. that the Lords have agreed to it. Adjourn. Die Marris, 10o Februarii.
Message from H. C. to return Stott’s Divorce Bill. Commissioners of Land Tax or Fortar, against the E. of Panmure & al: Interlocutors & affirmed, with Costs. To enlarge the Time for Importation of Wheat, &c. from Europe, Bill. Sandford Enclosure, Bill. Chesterton Enclosure, Bill. D. of St. Alban’s Pet. for a Private Bill received, though out of Time. Petition referred to Judges. Adjourn. Footnotes

Die Lunæ 2o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Cicestrien. Ds. Camden, Cancellarius. Ds. Abergavenny.
Epus. Exon. Ds. Botetourt.
Epus. Meneven. Dux Grafton. Ds. Delamer.
Dux Bolton. Ds. Cathcart.
Dux Athol. Ds. Masham.
March. Rockingham. Ds. Sandys.
Ds. Mansfield.
Comes Talbot, Senescallus. Ds. Lyttelton.
Ds. Grantham.
Comes Winchelsea. Ds. Scarsdale.
Comes Shaftesbury. Ds. Boston.
Comes Plymouth.
Comes Breadalbane.
Comes Marchmont.
Comes Macclesfield.
Comes Gower.
Comes Temple.
Comes Radnor.
Viscount Weymouth.
Viscount Wentworth.

PRAYERS.

Thanks to the Bp. of Oxford for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Oxford, for the Sermon by him preached before this House, in the Abbey Church, Westminster, on Friday last; and he is hereby desired to cause the same to be forthwith printed and published.

Pringle against D. of Rox burgh Judgement.

After hearing Counsel, upon the Petition and Appeal of Robert Pringle of Clifton; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 1st and 19th of February 1766; 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 John Duke of Roxburgh, and David Macdougal his Grace’s Tenant and Lessee of the Mill of Caverton, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Interlocutors 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 Respondents, the Sum of One Hundred Pounds, for their Costs in respect of the said Appeal.

Valtiavers’ Nat. Bill.

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

With a Bill, intituled, “An Act for naturalizing John Rodolph Valtravers;” to which they desire the Concurrence of this House.

Vanden Bergh’s Nat. Bill.

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

With a Bill, intituled, “An Act for naturalizing Christossel Vanden Bergh, an Infant,” to which they desire the Concurrence of this House.

Worcester Roads, Bill.

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

With a Bill, intituled, “An Act for continuing, altering, and amending, Two Acts of Parliament, of the Twelfth of King George the First, and of the Tenth of His late Majesty, for repairing several Roads leading into the City of Worcester; and for amending several other Roads near or adjoining thereto;” to which they desire the Concurrence of this House.

The said Three Bills were read the First Time.

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

The Lord Delamer reported from the Lords Committees to whom the Bill, intituled, “An Act to enlarge the Term and Powers of Two Acts, passed in the Thirteenth Year of King George the First, and the Seventeenth of His late Majesty, for repairing the Road from Cranford Bridge in the County of Middlesex, to that End of Maidenhead Bridge which lies in the County of Bucks; and for amending the Road from Slough to a certain Place in Eton, and from Langley Broom to Datchet Bridge, in the County of Buckingham,“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.”

Starkie et al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Edmund Starkie 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 1a vice lecta est Billa, intituled, “An Aft to enable the Devisees for Life named in the Will of Pierce Starkie Esquire, deceased, in Trustees, to cut down and sell Timber upon the Freehold and Copyhold or Customary Estates late of the said Pierce Starkie, in the Counties of York and Lancaster, and to grant Leases of the Quarries, Mines, and Minerals, within the Freehold Estates late of the said Pierce Starkie, in the same Counties and to invest the Monies arising there from in the Purchase of Lands and Hereditaments, to be settled to the Uses of the said Will.”

Duchess Dowager of Portland and Foley’s Petition referred to Judges.

Upon reading the Petition of the most Noble Margaret Cavendish Dutchess Dowager of Portland, the most Noble William Henry Cavendish Duke of Portland, and Thomas Foley of Stoke Court in the County of Hereford, Esquire; praying Leave to bring in a Bill, for the several Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, (fn. 1) referred to the Lord Chief Baron of the Court of Exchequer and Mr. (fn. 2) Justice Smythe; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion there upon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Cooper et al Petition referred Judges.

Upon reading the Petition of An the Wise of Tomkinson Cooper a Lunatick, for and on Behalf of herself and the said Tomkinson Cooper, and also of William Cole Esquire, Committee of the Estate of the said Lunatick, for and on Behalf of the said Lunatick; praying Leave to bring in a Bill, to enable the Petitioners to sell One Fourth Part of the Premises in the Petition mentioned, belonging to the said Tomkinson Cooper and the Petitioner the said Ann; and for securing the Money arising thereby in the Manner 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 Yeates; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion there upon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Ryecroft et al. petition refered to Judges.

Upon reading the Petition of Richard Ryecroft Clerk and Penelope his Wife, for and on Behalf of themselves and of Richard, Nelson, John, Penelope, and Henry, their Five Infant Children; praying Leave to bring in a Bill, to enable the Petitioner Richard Ryecroft, or the Person or Persons who shall be entitled to the Premises in the Petition mentioned, for the Time being, to grant such Leases as shall be competent and proper 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 Clive and Mr. Baron Perrott; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Witham et al, Petition referred to Judges.

Upon reading the Petition of Mathew Henry Witham Esquire, Eldest Son and Heir of Henry Witham late of Woodhall in the County of York Esquire, deceased, and Elizabeth Wife of the said Mathew Henry Witham, Peter Witham Gentleman, Catherine Witham, Elizabeth Witham, Anastasia witkam, and Dorothy Wuham, Spinsters; which said Peter Witham, Catherine Witham, Elizabeth Witham, Anastasia Witham, and Dorothy Witham, together with Ann Vavasor Widow, are the Younger Son and Daughters of the said Hemy Witha a, deceased; and John Richardson of Furmval’s Inn in the County of Middlesex, and Richard Fenton of Banktop in the said County of York, Gentleman praying Leave to bring in a Bill, for vesting Part of the settled Estate of Mathew Henry Witham in Trustees, to be sold, for raising Money, 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 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 there upon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

E of Abing cons Petition referred to Judges.

Upon reading the Petition of the Right Honourable Willoughby Earl of Abingdon; praying Leave to bring in a Bill, for effectuating an Exchange, between him and his Trustees, of the Manors and Estates of Lyttleton Titherby and Lyttleton Becketts, for the Manor and Estate of Swynford and for other Purposes therein 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.

Bunting&al. Petition referred to Judges.

Upon reading the Petition of Deborah Bunting, Widow and Relict of Edward Bunting Clerk, deceased, for and on Behalf of herself and Edward Bunting, William Bunting, John Bunting, and Martha Maria Bunting, all Infants, her Sons and Daughter by the said Edward Bunting Clerk; praying Leave to bring in a Bill, for vesting certain Estates, in the Petition mentioned, in Trustees, to be sold, for the Purposes therein mentioned:

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

Cogan’s Petition refered to Judges.

Upon reading the Petition of Elizabeth Cogan of the Borough of Leicester Widow, on Behalf of herself and her Son John Cogan, an Infant of the Age of Six Years; praying Leave to bring in a Bill, for vesting several undivided Parts of certain Manors, Messages, Closes, Lands, Tenements, Tolls and other Hereditaments, in the Counties of Leicester and Northampton, devised by the Will of John Cogan deceased, in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of other Lands, Tenements, and Hereditaments, to be settled to the Uses contained in the Will of the said John Cogan, deceased:

lt 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.

William for &Ux Petition referred to Judges.

Upon reading the Petition of Richard Williamson Esquire and sane his Wife, in Behalf of themselves

and their Infant Children; praying Leave to bring in a Bill, for raising a Sum of Money, by Sale of Part of the settled Estates in the Petition mentioned, for the Purposes there in mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to M r. Justice Clive and Mr. Justice Yeates; who arc 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.

Swettenham to take the Name of Willis Leave for a Bill.

Upon reading the Petition of Thomas Willis Esquire, lately called Thomas Swettenham; praying Leave to bring in a Bill, to enable him and his Issue to take and bear the Name and Arms of Willis, pursuant to the Will of Daniel Willis, deceased:

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

Report of Commissioners for paving Westminster streets delivered.

The House being informed, “That Mr. Box. from the Commissioners for paving Westm’r Streets attended:”

He was called in; and delivered, at the Bar, pursuant to Act of Parliament, Two Books, containing the Proceedings and Accompts of the said Commissioners.

“Copy of the Proceedings of the Commissioners for putting in Execution the several Acts of Parliament, made in the 2d, 3d, 4th, and 5th Years of His present Majesty’s Reign, for paving, cleansing, and lighting, the Squares, Streets, Lanes, and other Places, within the City and Liberty of Westminster,&c.; and of all Contracts and Agreements made by the said Commissioners, from the 29th Day of January 1766, to the 17th Day of December 1766, both inclusive.”

And also, “Copies of the Accompts of the Treasurer to the Commissioners for paving, cleansing, and lighting, the City and Liberty of Westminster, &c.”

“Of the Receiver to the said Commissioners;”

“And of the Bank of England with the said Commissioners, to the 3d Day of December 1766.”

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Dighton’s Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for vesting the Estate of James Lucy Dighton, an Infant, in the Parish of Sherborne, in the County of Oxford, in Trustees, to be fold; and for applying the Purchase-money for discharging the Encumbrances affecting the same, pursuant to the Directions of the Court of Chancery.”

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

D. Grafton.
D. Bolton. L. Bp. Chichester. L. Botetourt.
D. Athol. L. Bp. Exeter. L. Delamer.
Bp. St. Davids. L. Cathcart.
L. steward. L. Masham.
E. Winchelsea. L. Sandys.
E. Shaftesbury. L. Grantham.
E. Abercorn. L. Boston.
E. Breadalbane.
E. Marchmont.
E. Macclesfield.
E. Gower.
E. Temple.
E. Radnor.
Vis. Weymouth.

Their Lordships, or any Five of them; to meet on Tuesday the 17th Day of this lnstant February, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings near the House of Peers; and to adjourn as they please.

Kencott Common, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Common Fields and other Commonable Grounds in the Parish of Kencott, in the County of Oxford.”

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

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

Spottiswood to enter into Recognizance for Spiers et al.

The House being moved, “That John Spottiswoode of The Inner Temple Gentleman may be permitted to enter into a Recognizance for Alexander Spiers and others, on account of their Appeal depending in this House they living in Scotland:"

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

Adjourn.

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

Die Martis, 3o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor. Dux York. Ds. Botetourt.
Ds. Camden, Cancellarius. Ds. Willoughby Br.
Epus. Duresm. Ds. Delamer.
Epus. Elien. Ds. Cathcart.
Epus. Bath & wells. Dux Grafton. Ds. Trevor.
Epus. Roffen. Dux Bedford. Ds. Masham.
Epus. Cicestrien. Dux Alhol. Ds. Cadogan.
Epus. Asaphen. Dux Ancaster Magnus Camerarius. Ds. Monson.
Epus. Norvicen. Ds. Godolphin.
Epus. Landav. Ds. Montfort.
Epus. Lincoln. Dux Manchester. Ds. Sandys.
Epus. Bristol. Dux Bridgewater. Ds. Bruce.
Epus. Carliol. March. Rockingham. Ds. Fortescue.
Epus. Exon. Ds. Ravensworth.
Epus. Oxon. Comes Talbot, Senescallus. Ds. Vere.
Ds. Hyde.
Comes Hertford, Camerarius. Ds. Mansfield.
Ds. Harwich.
Comes Exeter. Ds. Lyttelton.
Comes Denbigh. Ds. Sondes.
Comes Westmorland. Ds. Grantham.
Comes Winchelsea. Ds. Scarsdale.
Comes Litchfield. Ds. Boston.
Comes Scarborough. Ds. Lovel & Holland.
Comes Coventry. Ds. Milton.
Comes Cholmondeley. Ds. Montagu.
Comes Morton.
Comes Abercorn.
Comes Marchmont.
Comes Ferrers.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Granville.
Comes Macclesfield.
Comes Pomfret.
Comes Waldegrave.
Comes Gower.
Comes Buckingham shire.
Comes Fowls.
Comes Temple.
Comes Harcourt.
Comes Hardwicke.
Comes Radnor.
Comes Spencer.
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Wentworth.

PRAYERS.

Lords take the Oaths.

Peregrine Duke of Ancaster and Kesteven Lord Great Chamberlain of England, and Francis Earl of Hertford, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; their Lordships having first: delivered Certificates of their receiving the Sacrament to the Truth whereof Witnesses were sworn and examined.

Kennion against Sir Richard Glynn and Halifax; Writ of Error.

The Lord Mansfield Lord Chief Justice of the Court of King’s Bench, in the usual Manner, at the Table, delivered a Writ of Error; wherein John Kennion Esquire is Plaintiff, and Sir Richard Glyn Baronet and Thomas Halifax are Defendants.

Chamberlain of London against Evans, in E

The Order of the Day being read, for the further Hearing of the Cause upon the Writ of Error, wherein the Chamberlain of the City of London is Plaintiff, and Allen Evans Esquire is Defendant; and for the Judges to deliver their Opinions upon a Question proposed to them on Thursday the 22d Day of January last:

The Lord Chancellor acquainted the House, “That the Judges differed in their Opinions.”

And thereupon they were directed to deliver their Opinions seriatim, with their Reasons.

Judge Opinions delivered.

Accordingly Mr. Justice Hewitt was heard, and gave his Reasons; and concluded with his Opinion, “That the Defendant is at Liberty, and should be allowed, to object to the Validity of his Election, on account of his not having taken the Sacrament, according to the Rites of the Church of England, within a Year before, in Bar of this Action.”

Mr. Justice Aston heard, and was of the same Opinion and gave his Reasons.

Mr. Baron Perrott heard, and gave his Reasons; and concluded with his Opinion, “That the Defendant is not at Liberty, nor ought to be allowed, to object to the Validity of his Election, on account of his not having taken the Sacrament, according to the Rites of the Church of England, within a Year before, in Bar of this Action.”

Mr. Justice Gould heard, and was of the same Opinion as Mr. Justice Aston; and gave his Reasons.

Ordered, That the further Consideration of the said Cause be adjourned till To-morrow and that the Judges do then attend.

Causes removed.

Ordered, That the Cause which stands appointed for To morrow be put off to Friday next; and that the rest of the Causes on Cause days be removed in Course.

Minchin’s Petition referred to Judges.

Upon reading the Petition of Paul Minchin Gentleman, and Henrietta Minchin Spinster, the only Children and next of Kin of George Minchin Esquire, deceased praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive and Mr. (fn. 3) Justice smythe; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion 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.

Poyntz et Ux Petition referred to Judges.

Upon reading the Petition of William Poyntz Esquire and lsabella his Wife for and on Behalf of themselves and of Georgiana Ann and Charlotte Louisa, their Children, who are both Infants of very tender Years; praying Leave to bring in a Bill; to enable the Petitioners to carry into Execution a Contract for Sale of certain Lands in the Petition described; and for applying the Purchase money to 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 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.

E Brooke and Warwick Petition for a Bill, to enable him to use the Title of Warwick only.

Upon reading the Petition of the Right Honourable Francis Greville Earl (fn. 4) of Brooke of Warwick Castle, Earl of Warwick, and Baron Brooke of Beauchamps Court in the County of Warwick; praying Leave to bring in a Bill, to enable and authorize the Petitioner and the Heirs Male of his Body to bear and use the Name, Style, and Title, of Earl of Warwick only, and to be called, denominated, and distinguished, in Parliament and in all other Places, and upon all Occasions, by that Name, Style, and Title only; maintaining nevertheless the Rank granted by a Patent in the Petition mentioned, of the Seventh Day of July, in the Twentieth Year of His late Majesty’s Reign:

It is Ordered, That the said Petition do lie on the Table.

Colemoreetal. Petition referred to Judges.

Upon reading the Petition of Charles Colemore Esquire Mary Coemore his Wife, in Behalf of themselves and of Charles Colemore, Lionel Colemore Mary Ann Cole more, and Caroline Colemore, their Infant Children and of Ann Colemore Widow, Mother of the Petitioner Charles Cokmore; praying Leave to bring in a Bill for vesting certain settled Estates at Snitfield, and in the County of Salop in Trustees, to be sold or mortgaged in order to raise Money sufficient to compleat a Purchase in the Petition mentioned; and for other Purposes in the Petition also mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive and Mr. Justice Yeates; who are forth with all Parties concerned in the Bill and, after hearing them, are to report to the House the State of the Case with the 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.

Green et al. Petition referred to Judges.

Upon reading the Petition of William Green late of Findon in the County of Sussex Esquire, in his own Right, and also for and on Behalf of William Molyneux Green his only child and of Willam Frankland of Mantham in the Parish of Findon a fore said Esquire; praying Leave to bring in a Bill, for vesting certain Estates in the County of Sussex comprised in the Marriage Settlement of the Petitioner William Green and Emma his late Wife, in Trustees in Trust, to convey the same to the Petitioner William Frankland, pursuant to a Contract made with him for the Purchase thereof, upon the Conditions 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.

E. of Radnor et al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable William Earl of Radnor, on Behalf of himself, the Honourable Jacob Bouverie, commonly called Jacob Viscount Folkestone, the Honourable William Henry Bouverie, the Honourable Bartholomew Bouverie, the Honourable Edward Bouverie, all Infants, and only Sons of the Petitioner; 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 Clive; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Becke’s Petition referred to Judges.

Upon reading the Petition of Judith Becke Widow, and Thomas Kellet Becke 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 Mr. Justice Clive and Mr. Justice Yeates; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

E. of Scarbrough et Ux. Petition referred to Judges.

Upon reading the Petition of the Right Honourable Richard Earl of Scarbrough, and the Right Honourable Barbara Countess of Starbrough his Wife, on Behalf of themselves and their Infant Children; praying Leave to bring in a Bill, for discharging certain Estates and Hereditaments, comprised in a Settlement in the Petition mentioned, from the Uses and Trusts therein contained; and for setting other Manors, Lands, and Tenements, of greater Value, in Lieu thereof, to the like Uses:

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

Sir Nigel Gresley’s Pet. referred to Judges.

Upon reading the Petition of Sir Nigel Gresley Baronet and Dame Elizabeth his Wise; praying Leave to bring in a Bill, for vesting an Estate in the Petition mentioned in Trustees, in Trust, to fell and dispose of the same, 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 Clive; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Hill, do sign the same.

Mrs. Spencer et al. Petition referred to Judges.

Upon reading the Petition of Ann Spencer, Widow and Relict of Henry Spencer late of Thorpe in the County of Surry Esquire, deceased, and of Woolley Leigh Bennett Clerk, Thomas Leigh Bennett Esquire, on Behalf of himself and Martha Bennett his Infant Daughter and only Child, John Wace Esquire and Mary his Wife, and Elizabeth Bennett Spinster; which said Woolley Leigh Bennett, Thomas Leigh Bennett, Mary Wace, and Elizabeth Bennett, are the Sons and Daughters of John Bennett late of Aylsham in the County of Norfolk Gentleman, deceased, by Mary his Wife, also deceased; 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 Clive 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.

Gascoyne et al. Petition referred to Judges.

Upon reading the Petition of Bamber Gascoyne Esquire, and Joseph Gascoyne Esquire his Brother, for themselves, and on the Behalf of their several Children, who are Infants, and also of Walter Jones Esquire, and James Vernon Esquire and Margaret his Wife; praying Leave to bring in a Bill, for vesting a Manor, Lands, and Premises, in the Petition described, in Trustees, to be sold and disposed of, 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 Yeates and Mr. Baron Periott; 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.

Saunders and Roycroft, Petition referred to Judges.

Upon reading the Petition Erasmus Saunders Doctor in Divinity and Mary Saunders his Wife, for themselves; and on the Behalf of Erasmus Saunders, Kenrick Francis Saunders, and Martha Saunders, their Three, Infant Children, and also of Samuel Roycroft the Younger Esquire and Ann his Wife, for themselves and on the Behalf of Samuel Roycroft and Rebecca Ann Roycroft their Two Infant Children; praying Leave to bring m a Bill, for confirming and establishing a Division or Partition of certain Estates in the Petition described; and for vesting the same respectively in Trustees, upon the several Uses and Trusts in the Petition mentioned:

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

Sir John Divon Dyke, Petition referred to Judges.

Upon reading the Petition of Sir John Dixon Dyke Baronet and Dame Philadelphia Payne Dyke his Wife, in Behalf of themselves and of Thomas Dyke, Philadelphia Dyke, and Ann Dyke, the Children of the said Sir John Dixon Dyke by the said Dame Philadelphia, who are all Infants; praying Leave to bring in a Bill, for vesting Part of certain settled Estates, in the Petition mentioned, in Trustees, to convey the same to the respective Purchasers thereof, and for applying the Purchase-money to the Purposes m the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Chive and Mr. Justice Yeates; 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.

Masters Petition referred to Judges.

Upon reading the Petition of Leigh Master Esquire, on Behalf of himself and Catherine his Wife, and Leigh Hoskins Master and Catherine Master their Infant Children; praying Leave to bring in a Bill, for vesting certain settled Estates in Trustees, to be sold, 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.

Bond et Ux. Petition referred to Judges.

Upon reading the Petition of John Bond of Grange in the County of Dorset Esquire, and Mary Bond his Wife, in Behalf of themselves and of John Bond, Nathaniel Bond, Thomas Bond, William Bond, Sophia Bond, and Mary Bond, their Children, who are all Infants; praying Leave to bring m 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.

Hoskins et al. Petition referred to Judges.

Upon reading the Petition of Charles Hoskins Esquire, Son and Heir, and One of the Executors of William Hoskins Esquire, deceased, and Martha Hoskins, Widow and Relict of the said William Hoskins, Dame Ann Gresham Widow, and Judith Hoskins Spinster, Sisters of the said William Hoskins, Sir John Gresham Baronet, a Trustee named in the Will of the said William Hoskins, Legh Moster Esquire, for and on the Behalf of Legh Hoskins Master, his Son, an infant, and Catherine Hunt, One of the Legatees in the same Will, for herself and on Behalf of her Daughter Catherine Hoskins, otherwise Jamima Hunt, an Infant; praying Leave to bring in a Bill, for vesting an Estate in the County of Surrey in Trustees, to be sold; and for settling an Estate in the County of Kent in Lieu thereof; and for other Purposes in the Petition mentioned:

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

Robb et al. Magistrates of Another Wester against Hunter et al.

Upon reading the Petition and Appeal of Robert Robb, John Brown, and William Boyter, Barllies, Walter Thomson Treasurer, Alexander Wedderburn Esquire, William Innes, Robert Peattie, Robert Bissett, George Colvill, John Thomson, William Miller, and Patrick Burn, Counsellors elected for the Borough Wester Anstruther, at Michaelmas 1765; complaining of an Interlocutor of the Lords of Session in Scotland, of the 28th of January 1767; and praying, “That the same may be reversed, or that the Appellants may have such Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that Robert Hunter, William Thomson, and James Boyter, may be required to answer the said Appeal:”

It is Ordered, That the said Robert Hunter, William Thomson, and James Boyter, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 3d Day of March next, and Service of this Order upon any of the Procurators or Agents of the said Respondents in the said Court of Session in Scotland shall be deemed good Service.

Martin et al. Magestrates of Piuenweeme against Ramsey et al.

Upon reading the Petition and Appeal of Thomas Martin, William Morrison, James Balleardie, and William Tait Baillie’s James Martin Junior, Treasurer, James Martin Senior, William Martin, Alex’r Anderson, Robert Ramsey, David Louson, David Bowman, Robert Stevenson, Alexander Hamilton, James Thomson, William Mellvill, Thomas Davidson, Thomas Watson, and Thomas Balleardie, Counsellors elected for the Borough of Pittenweem, for Michaelmas 1765; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 19th of July and 2d of August 1766, and 28th of January 1767; and praying, “That the same may be reversed, altered, or amended; or that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that Peter Ramsay, Andrew Wilson, John Brown, Robert Dick, James Nairne, Colin Fowler, and John Henderson, may be required to answer the said Appeal:”

It is Ordered, That the said Peter Ramsay, Andrew Wilson, John Brown, Robert Dick, James Nairne, Colin Fowler, and John Henderson, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 3d Day of March next; and Service of this Order upon any of the Procurators or Agents of the said Respondents in the said Court of Session in Scotland shall be deemed good Service.

Frequharson, Trustee for Fairholm’s Creditors, against Adam.

Upon reading the Petition and Appeal of Francis Farquharson Accomptant in Edinburgh, Trustee for the Creditors of Messieurs Adam and Thomas Fairholme; complaining of an Interlocutor of the Lords of Session in Scotland, of the 21st of January 1767; 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 Adam Architect in Edinburgh may be required to answer the said Appeal:”

It is Ordered, That the said John Adam may have a Copy of the said Appeal; and do put in his Answer thereto, in Writing, on or before Tuesday the 3d Day of March next; and Service of this Order on the said Respondent in the said Court of Session in Scotland shall be deemed good Service.

Southward New Road, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for enlarging the Term and Powers granted by an Act passed in the Twenty-Second Year of His late Majesty King George the Second, for opening and making a new Road from the East End of New Street, in the Parish of Saint John Southwark, to and through the several Places therein mentioned; and for keeping the said Road in Repair for the future; and for repairing several other Roads adjoining thereto.”

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

D. Grafton. L. Bp. Durham. L. Botetourt.
D. Athol. L. Bp. Litch. & Cov. L. Delamer.
D. Bridgewater. L. Bp. Chester. L. Cathcart.
L. Chamberlain. L. Bp. Landaff. L. Masham.
E. Denbigh. L. Bp. Exeter. L. Sandys.
E. Westmorland. L. Ravensworth.
E. Winchelsea. L. Hyde.
E. Scarbrough. L. Harwich.
E. Coventry. L. Boston.
E. Morton.
E. Abercorn.
E. Marchmont.
E. Aylesford.
E. Pomfret.
E. Radnor.
Vis. Weymouth.

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.

Worcester Roads, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for continuing, altering, and amending, Two Acts of Parliament, of the Twelfth of King George the First, and of the Tenth of His late Majesty, for repairing several Roads leading into the City of Worcester; and for amending several other Roads near or adjoining thereto.”

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.

Vandenbergh’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Christoffell Vanden Bergh, 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 the same Day, at the same Place; and to adjourn as they please.

Valtraver’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing John Rodolph Valltravers.”

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.

Cranford Bridge Maidenhead Bridge, &c. Road Bills:

Hodie 3a vice lecta est Billa, intituled, “An Act to enlarge the Term and Powers of Two, Acts passed in the Thirteenth Year of King George the First, and the Seventeenth of His late Majesty, for repairing the Road from Cranford Bridge in the County of Middlesex, to that End of Maidenhead Bridge which lies in the County of Bucks; and for amending the Road from Slough to a certain Place in Eton, and from Langley Broom to Datchet Bridge, in the County of Buckingham.”

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. Halford and Mr. Harris:

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

Adjourn.

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

Die Mercurii, 4o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Elien. Dux. York. Ds. Wycombe, Unus Primariorum Secretariorum.
Epus. Bath. & Wells. Ds. Camden, Cancellarius.
Epus. Roffen. Dux Bedford. Ds. Abergavenny.
Epus. Cicestrien. Dux Athol. Ds. Botetourt.
Epus. Asaphen. Dux Bridgewater. Ds. Willoughby Br.
Epus. Norvicen. March. Rockingham. Ds. Berkeley Str.
Epus. Landav. Comes Talbot, Senescallus. Ds. Delamer.
Epus. Bristol. Comes Hertford, Camerarius. Ds. Cathcart.
Epus. Carliol. Comes Huntingdon. Ds. Trevor.
Epus. Oxon. Come Exeter. Ds. Cadogan.
Epus. Meneven. Comes Denbigh. Ds. Monson.
Comes Westmor land. Ds. Godolphin.
Comes Winchelsea. Ds. Montfort.
Comes Litchfield. Ds. Edgecumbe.
Comes Coventry. Ds. Sandys.
Comes Cholmondeley. Ds. Bruce.
Comes Morton. Ds. Fortescue.
Comes Abercorn. Ds. Ravensworth.
Comes Breadalbane. Ds. Vere.
Comes Marchmont. Ds. Hyde.
Comes Oxford. Ds. Mansfield.
Comes Dartmouth. Ds. Harwich.
Comes Aylesford. Ds. Lyttelton.
Comes Macclesfield. Ds. Sondes.
Comes Waldegrave. Ds. Grantham.
Comes Buckinghamshire. Ds. Lovel & Holland.
Comes Powis. Ds. Milton.
Comes Temple. Ds. Sundridge.
Comes Harcourt.
Comes Hardwicke.
Come Delawar.
Comes Radnor.
Viscount Weymouth.
Viscount Falmouth.
Viscount Wentworth.

PRAYERS.

Swinsord Bridge, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, “An Act for building a Bridge cross the River Thames, from Swynford in the County of Berks, to Eynsham in the County of Oxford,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Valtravers’ Nat Bill.

The Lord Delamer made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for naturalizing John Rudolph Valtravers,” was committed.

Hotchkie to take the Name of Littler, Bill.

The Lord Delamer also made the like Report from the Lords Committees to whom the Bill, intituled, “An Act to enable Thomas Hotchkis to take the Surname and Arms of Littler; pursuant to the Will of Thomas Littler, deceased,” was committed.

Brumgartners Nat. Bill.

The Lord Delamer also made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for naturalizing John Lewis Baumgartner,” was committed.

Ordered, That the said Bill, be engrossed.

Kensott Common, Bill.

The Lord Delamer also reported from the Lords Committees to whom the Bill, intituled, “An Act for dividing and enclosing the Open Common Fields and other Commonable Grounds in the Parish of Kencott, in the County of Oxford,” 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.”

Papers relating to the African Company delivered.

The House being informed, “That Mr. Jackson, from the Admiralty office, attended:”

He was called in; and delivered, at the Bar, pursuant to the Directions of an Act of Parliament of the 23d Year of King George the Second,

“Copies of Reports made by Captain Macartney to the Lords of the Admiralty, of the State and Condition of the lords and Settlements on the Coast of Africa; together with a Schedule of the said Reports; (videlicet)

“1. State and Condition of James’s Fort in the River Gambia; taken the 19th February, 1766.”

“2. List of Officers, Soldiers, and Castle Slaves, belonging to James’s Fort, Gambia; taken the 19th February, 1766.”

“3. Report of the Garrison, Company’s Slaves, Ordnance, Ordnance Stores, &c. belonging to the Committee of the Company of Merchants trading to Dixcove on the Coast of Africa; taken the 5th April, 1766.”

“4. State and Condition of Commenda Fort; taken the 10th April, 1766.”

“5. State and Condition of Tantumquery Fort, with an Account of what appears wanting; taken the 14th. April, 1766.”

“6. State and Condition of Succondee Fort; taken 15th April, 1766.”

“7. State and Condition of Cape Coast Castle; taken 15th April, 1766.”

“8. State and Condition of Annamaboe Fort; taken the 17th April, 1766.”

“9. State and Condition of Winnebab Fort; taken the 17th April, 1766.”

“10. Slate and Condition of James’s Fort, Accra; taken the 17th April, 1766.”

“11. State and Condition of Fort Pram Pram; taken the 17th April, 1766.”

“12. State and Condition of Williams’s Fort, Whydah; taken the 25th April, 1766.”

And the same being read by the Clerk:

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

Carew against Webb.

The Answer of Noah Webb Esquire, to the Cross Appeal of Shapland Carew and others, was this Day brought in.

Chamberlain of London against Evan;

The Order of the Day being read, for the further Hearing of the Cause upon the Writ of Error, wherein the Chamberlain of the City of London is Plaintiff, and Allen Evans Esquire is Defendant; and for the Judges to attend.

Mr. Baron Adams was heard; and gave his Reasons; and concluded with his Opinion, “That the Defendant is at Liberty, and should be allowed, to object to the Validity of his Election, on account of his not having taken the Sacrament according to the Rites of the Church of England, within a Year before, in Bar of this Action.”

Mr. Baron Smythe heard; and was of the same Opinion; and gave his Reasons.

Mr. Justice Clive heard; and was of the same Opinion; and gave his Reasons.

After which;

The following Order and Judgement was made:

Judgement affirmed.

“Whereas, by virtue of His Majesty’s Writ of Error, returnable into the House of Lords in Parliament assembled, a Record of the Commissioners Delegates was brought into this House, the 6th of March 1766, wherein the Chamberlain of the City of London is Plaintiff, and Allen Evan Esquire is Defendant; and Counsel having been heard, on the 21st and 22d of January last, to argue the Errors assigned upon the said Writ of Error, and the Judges who were ordered to attend having been heard seriatim, as well Yesterday as this Day, to deliver their Opinions, with their Reasons, upon a Question of Law to them proposed; and due Consideration had of what was offered on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given by the Commissioners Delegates appointed to hear the Errors in a Judgement given in the Sheriff’s Court London, and affirmed by the Court of Hustings, reversing the Judgements of the Sheriff’s Court and Court of Hustings, be, and the same is hereby, affirmed; and that the Record be remitted.

“The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, is as follows:

“But because the said Court of Parliament now here will advise themselves of what Judgement to give of and upon the Premises, Day is for that Purpose given, as well to the said Chamberlain of the City of London as the said Allen Evans, to be before our said Lord the King and Peers, in the said Court of Parliament now here, until Wednesday the 4th Day of February 1767, at Westminster, in the County of Middlesex aforesaid, to hear Judgement of and upon the Premises aforesaid, because the said Court of Parliament are not yet advised thereof, &c. On which Day, before Our said Lord the King and the Peers in this present Parliament assembled at Westminster, in the said County of Middlesex, comes, as well the said Chamberlain of the City of London, as the said Allen Evans, in their proper Persons; upon which, all and singular the Promises having been seen, and by the said Court of Parliament here fully understood, and as well the Record and Process, aforesaid as the federal Judgements thereon rendered, as the other Matters and Causes by the said Chamberlain of London above assigned for Error, being fully examined and seen; and mature Deliberation thereon had; it appears to the said Court of Parliament now here, that, in the Judgement given by the Court of Delegates, for reversing the Judgements of the Sheriff’s Court and Court or Hustings, there is not any Error; and that the aforesaid Record of reversing the said Judgements of the Sheriff’s Court and Court of Hustings is no Ways vicious or defective: Therefore it is considered by the said Court of our said Lord the King, before the King Himself, in His said Parliament, that the said Judgement given by the said Court of Delegates, for reversing and annulling the said Judgements of Sheriffs Court and Court of Hustings be in all Things affirmed, and remain in full Force and Effect, as if no such Writ of Error had been brought into this House; the Matters and Causes by the said Chamberlain of London above assigned for Error in any wife notwithstanding; and thereupon the Record and Process aforesaid, from the Court of Parliament aforesaid, are remitted, &c.”

Starkie’s Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enable the Devisees for Life named in the Will of Pierce Starkie Esquire, deceased, and Trustees, to cut down and fell Timber, upon the Freehold and Copyhold or Customary Estates hue of the said Pierce Starkie, in the Counties of York and Lancaster; and to grant Leases of the Quarries, Mines, and Minerals, within the Freehold Estates. late of the said Pierce Starkie, in the same Counties; and to invest the Money arising therefrom in the Purchase of Lands and Hereditaments, to be settled to the Uses of the said Will.”

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

D. Bedford. L. B. Bath & Wells.
D. Athol. L. Botetourt.
D. Bridgewater. L. B. Rochester. L. Delamer.
M. Buckingham. L. B. St. Asaph. L. Cathcart.
L. B. Landaff. L. Trevor.
Ld. Chamberlain. L. Sandys.
L. Hyde.
E. Huntingdon. L. Boston.
E. Denbigh.
E. Westmorland.
E. Winchelsea.
E. Litchfield.
E. Coventry.
E. Morton.
E. Abercorn.
E. Marchmont.
E. Dartmouth.
E. Aylesford.
E. Radnor.
V. Weymouth.

Their Lordships, or any Five of them; to meet on Thursday the 19th Day of this Instant February, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings near the House of Peers; and to adjourn as they please.

Webb against Carew;

The House being informed, “That David Harborne attended, in order to deliver hi Copies of Pleadings and Proceedings in a Cause depending in this House, wherein Noah Webb is Appellant, and Shapland Carew and others are Respondents:”

Pleadings proved.

He was called in, and delivered the same at the Bar; and attested upon Oath, “They were true Copies, he having examined them with the Originals in the proper Offices in Ireland.”

And then he withdrew.

Adjourn.

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

Die Veneris, 6o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Carliol. Ds. Camden, Cancellarius. Ds. Wycombe, Unus Primariorum Secretariorum.
Epus. Meneven.
Dux Grafton.
Dux Bolton. Ds. Botetourt.
Dux Bedford. Ds. Delamer.
Dux Portland. Ds. Cathcart.
Dux Manchester. Ds. Cadogan.
March. Rockingham. Ds. Sandys.
Ds. Ponsonby.
Comes Talbot, Senescallus. Ds. Hyde.
Ds. Harwich.
Comes Denbigh. Ds. Lyttelton.
Comes Winchelsea. Ds. Sondes.
Comes Shaftesbury. Ds. Scarsdale.
Comes Coventry. Ds. Boston.
Comes Abercorn. Ds. Lovel & Holland.
Comes Dunmore.
Comes Marchmont.
Comes Oxford.
Comes Bristol.
Comes Macclesfield.
Comes Gower.
Comes Buckinghamshire.
Comes Temple.
Comes Spencer.
Viscount Weymouth.
Viscount Wentworth.

PRAYERS.

Farquharson against Adam.

The Answer of John Adam Esquire, to the Appeal of Francis Farquharson, was this Day brought in.

Mutiny Bill.

A Message was brought from the House of Commons, by Mr. Gore 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.

Beckman’s Nat Bill.

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

With a Bill, intituled, “An Act for naturalizing Nicolas Francis Beckman;” to which they desire the Concurrence of this House.

Worcester Roads, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, “An Act for continuing, altering, and amending, Two Acts of Parliament, of the Twelfth of King George the First, and of the Tenth of His late Majesty, for repairing several Roads leading into the City of Worcester, and for amending several other Roads near or adjoining thereto,” 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.”

Kencott Enclosure, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, “An Act dividing and enclosing the Open Common Fields and other Commonable Grounds in the Parish of Kencott, in the County of Oxford,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Hobson against Meade.

After hearing Counsel in Part, in the Cause wherein Meade Hobson, an Infant, by Samuel Hobson Esquire his Father and Guardian, is Appellant, and the Reverend Samuel Meade Clerk is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next; and that the Cause which stands for Monday next be put off to Wednesday next; and the rest of the Causes on Cause-days removed in Course.

Oriel College, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Chancellor, Masters, and Scholars, of the University of Oxford, 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 1a vice lecta est Billa, intituled, “An Act for annexing the Rectory of Purleigh, in the County of Essex, to the Office of Provost of the House of The Blessed Mary the Virgin in Oxford, commonly called Oriel College, of the Foundation of Edward the Second of famous Memory, sometime King of England.”

Adjourn.

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

Die Lunse, 9o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor. Ds. Camden, Cancellarius. Ds. Botetourt.
Epus. Cestrien. Ds. Delamer.
Epus. Cicestrien. Dux Richmond. Ds. Cathcart.
Epus. Asaphen. Dux Grafton. Ds. Sandys.
Epus. Exon. Dux Bolton. Ds. Bruce.
Epus. Meneven. Dux Argyll. Ds. Lyttelton.
Dux Athol. Ds. Scarsdale.
Dux Portland. Ds. Boston.
Ds. Lovel & Holland.
Comes Hertford, Camerarius. Ds. Beaulieu.
Comes Exeter.
Comes Denbigh.
Comes Westmorland.
Comes Winchelsea.
Comes Shaftesbury.
Comes Litchfield.
Comes Abercorn.
Comes Breadalbane.
Comes Marchmont.
Comes Oxford.
Comes Bristol.
Comes Waldegrave.
Comes Gower.
Comes Radnor.
Viscount Weymouth.
Viscount Wentworth.

PRAYERS.

Hobson against Meade.

After hearing Counsel, as well on Friday last as this Day, upon the amended Petition and Appeal of Meade Hobson an Infant under the Age of Twenty-one Years, to wit, of the Age of Six Years, by Samuel Hobson Esquire his Father and Guardian; complaining of a Decretal Order of the Court of Exchequer in Ireland, of the 19th Day of February 1765; and praying, “That the same might be reversed or altered; or that the Appellant might have such other Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:” As also upon the Answer of the Reverend Samuel Meade Clerk, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Decretal Order as directs the Issue complained of be, and the same is hereby, reversed: And it is further Ordered, That the Bill, so far as it seeks to impeach the Appellant’s Title under any of the Popery Aus, be retained for Twelve Months; and that the Respondent be at Liberty, in the mean Time, if he shall think proper, to bring his Action at Law upon such Title, wherein the Appellant is not to set up any Leases, or other Encumbrances, to bar the said Action.

Oriel College, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for annexing the Rectory of Purleigh, in the County of Essex, to the Office of Provost of the House of The Blessed Mary the Virgin in Oxford, commonly called Oriel College, of the Foundation of Edward the Second of famous Memory, sometime King of England.”

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

D. Richmond.
D. Grafton. L; B. Chester. L. Botetourt.
D. Bolton. L. B. Chichester. L. Delamer.
D. Athol. L. B. Exeter. L. Cathcart.
L. B. St. Davids.
Ld. Chamberlain. L. Sandys.
L. Scarsdale.
E. Exeter. L. Boston.
E. Denbigh.
E. Westmorland.
E. Winchelsea.
E. Shaftesbury.
E. Abercorn.
E. Marchmont.
E. Bristol.
E. Gower.
E. Radnor.
V. Weymouth.

Their Lordships, or any Five of them, to meet on Tuesday the 24th Day of this Instant February, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings near the House of Peers; and to adjourn as they please.

Worcester Roads, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for continuing, altering, and amending, Two Acts of Parliament, of the Twelfth of King George the First, and of the Tenth of His late Majesty, for repairing several Roads leading into the City of Worcester; and for amending several other Roads hear or adjoining thereto.”

The Question was put, “Whether this Bill shall pass ?”

It was Resolved in the Affirmative.

Southwark New Roads, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for enlarging the Term and Powers granted by an Act passed in the Twenty-second Year of His late Majesty King George the Second, for opening and making a new Road, from the East End of New Street in the Parish of Saint John Southwark, to and through the several Places therein mentioned, and for keeping the said Road in Repair for the future; and for repairing several other Roads adjoining thereto.”

The Question was put, “Whether this Bill shall pass ?”

It was Resolved in the Affirmative.

Kencott Enclosure, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Common Fields and other Commonable Grounds in the Parish of Kencott, in the County of Oxford.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Hotchkis to take the Name of Littler, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act to enable Thomas Hotchkis to take the Surname and Arms of Littler, pursuant to the Will of Thomas Littler, deceased.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Valtraver’s Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing John Rodolph Valtravers.”

The Question was put, “Whether this Bill shall pass ?”

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Fire preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Lane and Mr. Edwards:

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

Baumgariner’s Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing John Lewis Baumgartner.”

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.

Mutiny Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.”

Beckman’s Nat. Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for naturalizing Nicholas Francis Beckman.”

Urquhart to enter into Recognizance on Farquharion’s Appeal.

The House being moved, “That George Urquhart of Gray’s Inn Gentleman may be permitted to enter into a Recognizance for Francis Farquharson, on account of his Appeal depending in this House; he living in Scotland:

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

Farquharson against Adam.

The House being moved, “That a Day may be appointed, for hearing the Cause wherein Francis Farquharson is Appellant, and John Adam 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.

Davidson to enter into a Recognizance on Maitin’s Appeal.

The House being moved, “That Henry Davidson may be permitted to enter into a Recognizance for Thomas. Martin and others, on account of (fn. 5) his Appeal depending in this House; they living in Scotland:

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

Davidson to enter into a Recognizance on Robb’s Appeal.

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

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

Swynford Bridge, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for building a Bridge cross the Rives Thames, from Swynford in the County of Berks, to Eynsham in the County of Oxford.”

The Question was put, “Whether this Bill shall pass ?”

It was Resolved in the Affirmative.

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

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

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

Adjourn.

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

Die Marris, 10o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor. Ds. Camden, Cancellarius.
Ds. Botetourt.
Epus. Wigorn. Ds. Delamer.
Epus. Meneven. Dux Grafton. Ds. Cathcart.
Dux Bedford. Ds. Sandys.
Dux Athol. Ds. Mansfield.
Comes Denbigh. Ds. Lyttelton.
Comes Litchfield.
Comes Plymouth.
Comes Abercorn.
Comes Marchmont.
Comes Pomfret.
Comes Waldegrave.
Comes Gower.
Comes Powis.
Comes Temple.
Viscount Weymouth.

PRAYERS.

Message from H. C. to return Stott’s Divorce Bill.

A Message was brought from the House of Commons, by Sir George Younge and others:

To return the Bill, intituled, “An Act to dissolve the Marriage of John Stott Esquire with Jane Stott his now Wife; and to enable him to marry again; and for other Purposes therein mentioned; and to acquaint this House, that they have agreed to the same, without any Amendment.

Commissioners of Land Tax or Fortar, against the E. of Panmure & al: Interlocutors & affirmed, with Costs.

After hearing Counsel, upon the Five Petitions and Appeals of the Commissioners of the Land Tax of the County of Forfar; complaining, in each of the said Appeals, of Three Interlocutors of the Lords of Session in Scotland, of the 15th and 29th of November, and 4th of December, 1766; and praying, “That the same might be reversed or altered; or that the Appellants might have such other Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:” As also upon the Answers of the several Respondents to the said Appeals put in thereto; and due Consideration had of what was offered on all Sides in these Causes:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Five Appeals be, and the same are hereby, dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellants in these Appeals do pay to the Respondents in the said Appeals the Sum of Two Hundred Pounds, for their Coils in respect of the said Appeals.

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

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

With a Bill, intituled, “An Act for allowing the Importation of Wheat and Wheat Flour, free of Duty, from any Part of Europe, for a further Time than is allowed by any Act made in this Session of Parliament; and for permitting the free Importation of Barley, Barley-meal, and Pulse, into this Kingdom, for a limited Time;” to which they desire the Concurrence of this House.

Sandford Enclosure, Bill.

A Message was brought from the House of Commons, by Sir (fn. 6) James Dashwood and others:

With a Bill, intituled, “An Act for dividing and enclosing certain Open and Common Fields and Commonable Lands in the Parish of Sandford, in the County of Oxford;” to which they desire the Concurrence of this House.

Chesterton Enclosure, Bill.

A Message was brought from the House of Commons, by Sir James Dashwood and others:

With a Bill, intituled, “An Act for dividing and enclosing certain Open and Common Fields, Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, lying within the Manor of Chesterton, in the County of Oxford;” to which they desire the Concurrence of this House.

D. of St. Alban’s Pet. for a Private Bill received, though out of Time.

The Earl Temple acquainted the House, “That he had a Petition of his Grace the Duke of Saint Albans, for a Private Bill; which his Lordship desired might be received, though not brought within the Time limited by their Lordships Order for receiving Petitions for Private Bills, his Grace being Abroad, and the Petition not being received till this Day.”

Whereupon, Ordered, That the said Petition be now received.

Petition referred to Judges.

Accordingly, upon reading the Petition of the most Noble George Duke of Saint Albans; praying Leave to bring in a Bill, for vesting Part of his Estates in Trustees, in Trust, to be sold; and that the Money arising by such Sale may be applied in Satisfaction of his Debts; and that the Surplus of the Money arising by such Sale (if any), together with all the Heft of the Petitioner’s Estates, may be settled and assured to the Uses 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.

Adjourn.

Dominus Cancellarius declaravit peæsens Parliamentum continuandum esse Usque ad & in diem Mercurii, undecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Bis in Originali.
2 Sic.
3 Sic.
4 Sic.
5 Sic.
6 Origin. Sir Francis; vide Journals of H. C. Vol. XXXI. p. 142. b.