House of Lords Journal Volume 30
December 1761

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History of Parliament Trust

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Year published

1767-1830

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124-138

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'House of Lords Journal Volume 30: December 1761', Journal of the House of Lords volume 30: 1760-1764 (1767-1830), pp. 124-138. URL: http://british-history.ac.uk/report.aspx?compid=114505 Date accessed: 21 September 2014.


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December 1761

DIE Martis, 1o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin.
Epus. Winton.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Oxon.
Epus. Petriburg.
Epus. Wigorn.
Epus. Meneven.
Epus. Landaven.
Ds. Henley, Cancellarius.
Dux Argyll.
Dux Ancaster, Magnus Camerarius.
Dux Manchester.
Dux Bridgewater.
Comes Talbot, Senescallus.
Comes Suffolk.
Comes Northampton.
Comes Litchfield.
Comes Abercorn.
Comes Marchmont.
Comes Hyndford.
Comes Oxford.
Comes Effingham.
Comes Gower.
Comes Fauconberg.
Comes Delawar.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Delamer.
Ds. Cathcart.
Ds. Bathurst.
Ds. Cadogan.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Anson.
Ds. Ponsonby.
Ds. Wycombe.
Ds. Melcombe.
Ds. Grantham.
Ds. Boston.

PRAYERS.

E. of Effingham takes the Oaths.

This Day Thomas Earl of Effingham took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

The Queen's Jointure, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for enabling His Majesty to make Provision for supporting the Royal Dignity of the Queen, in case She shall survive His Majesty."

After some Time, the House was resumed.

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

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling His Majesty to make Provision for supporting the Royal Dignity of the Queen, in case She shall survive His Majesty."

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. Justice Forster and Mr. Baron Smythe:

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

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

With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thou sand Seven Hundred and Sixty-two;" to which they desire the Concurrence of this House.

Malt Bill.

A Message was brought from the House of Commons, by Mr. West 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 Sixty-two;" to which they desire the Concurrence of this House.

Mrs. Thornton's Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Anna Maria Thornton, Wife of Octavius Thornton Merchant;" to which they desire the Concurrence of this House.

Insolvent Debtors Act, compulsive Clause in to repeal, Bill.

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

With a Bill, intituled, "An Act to repeal so much of an Act passed in the First Year of His present Majesty King George the Third, intituled, "An Act for Relief of Insolvent Debtors," as relates to Creditors compelling Prisoners charged in Execution to deliver up their Estates, and to such Prisoners being thereupon discharged; and also to indemnify Sheriffs and Gaolers for discharging Prisoners, in Obedience to the Orders of Justices made at any Court of Session;" to which they desire the Concurrence of this House.

The said Four Bills were severally read the First Time.

E. Talbot introduced:

William Lord Talbot, being, by Letters Patent, bearing Date the 19th Day of March, in the First Year of His present Majesty, created Earl Talbot, was, this Day, in his Robes, introduced, between the Earl of Litchfield and the Earl of Bute (also in their Robes); the Gentleman Usher of the Black Rod, Clarencieux King at Arms (in the Absence of Garter), the Deputy Earl Marshal, and the Lord Great Chamberlain of England, preceding.

His Lordship, on his Knee, presented his Patent to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Writ of Summons was also read, as follows; (videlicet,)

His Writ of Summons.

"George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth. To Our Right Trusty and Right Well-beloved Cousin William Earl Talbot, Greeting. Whereas, by the Advice and Assent of Our Council, for certain arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, We have ordered a certain Parliament to be holden at Our City of Westminster, on the Nineteenth Day of May next ensuing, and there to treat and have Conference with the Prelates, Great Men, and Peers, of Our Realm, We, strictly enjoining, command you, upon the Faith and Allegiance by which you are bound unto Us, that, the Weightiness of the said Affairs and imminent Perils considered (waiving all Excuses) you be, at the said Day and Place, personally present with Us, and with the said Prelates, Great Men, and Peers, to treat and give your Council upon the Affairs aforesaid: And this, as you regard Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and Dispatch of the said Affairs, in no wise do you omit.

"Witness Ourself, at Westminster, the Twentyfirst Day of March, in the First Year of Our Reign."

"Clarke, Asheton."

Then his Lordship took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was placed on the lower End of the Earls Bench; and afterwards took his Place on the upper End of the Earls Bench, as Lord Steward of His Majesty's Household.

E. of Egremont, & al. Pet referred to Judges.

Upon reading the Petition of the Right Honourable Charles Earl of Egremont, on Behalf of himself and of George Wyndham commonly called Lord Cockermouth, Percy Charles Wyndham, and Charles Wyndham, his Three Sons, all Infants under the Age of Twenty one Years, and of the Right Honourable Percy Wyndham O Brian Earl of Thomond in the Kingdom of Ireland; praying Leave to bring in a Bill, for selling the Estates devised by the Will of Sir William Wyndham Baronet, deceased, and investing the Money to arise by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the same Uses (except as therein excepted) in such Manner as this House shall think proper:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Adams and Mr. Baron Gould; 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 præsens Parliamentum continuandum esse usque ad & in diem Mercurii, secundum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 2o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin.
Epus. Eliens.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Oxon.
Epus. Wigorn.
Epus. Meneven.
Epus. Cicestrien.
Epus. Landaven.
Dux York.
Ds. Henley, Cancellarius.
Dux Bolton.
Dux Argyll.
Dux Ancaster, Magnus Camerarius.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
Comes Talbot, Senescallus.
Comes Huntingdon.
Comes Suffolk.
Comes Peterborow.
Comes Sandwich.
Comes Cardigan.
Comes Litchfield.
Comes Albemarle.
Comes Coventry.
Comes Eglintoun.
Comes Abercorn.
Comes Dunmore.
Comes March & Ruglen.
Comes Marchmont.
Comes Hyndford.
Comes Bute.
Comes Pomfret.
Comes Ashburnham.
Comes Powis.
Comes Egremont.
Comes Temple.
Comes Harcourt.
Comes Hertford.
Comes Fauconberg.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Berkeley Str.
Ds. Delamer.
Ds. Cathcart.
Ds. Masham.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Fortescue.
Ds. Anson.
Ds. Archer.
Ds. Ponsonby.
Ds. Lyttelton.
Ds. Sondes.
Ds. Melcombe.
Ds. Grantham.
Ds. Grosvenor.
Ds. Boston.

PRAYERS.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State (the Lords being in their Robes), commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House.

Who being come, with their Speaker;

He, after a short Speech in relation to the Bill to be passed, delivered it to the Clerk; who brought it to the Table; where the Deputy Clerk of the Crown read the Title thereof as follows:

The Queen's Jointure Bill passed.

"1. An Act for enabling His Majesty to make Provision for supporting the Royal Dignity of the Queen, in case She shall survive His Majesty."

To this Bill the Royal Assent was pronounced, by the Clerk Assistant, in these Words; videlicet,

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Land Tax Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixtytwo."

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

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

Malt Bill.

Hodie 2a 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 Sixty-two."

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

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

Insolvent Debtors Act, compulsive Clause in to repeal, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to repeal so much of an Act, passed in the First Year of His present Majesty King George the Third, intituled, "An Act for Relief of Insolvent Debtors," as relates to Creditors compelling Prisoners charged in Execution to deliver up their Estates, and to such Prisoners being thereupon discharged; and also to indemnify Sheriffs and Gaolers for discharging Prisoners in Obedience to the Orders of Justices made at any Court of Session."

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

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

Ld. Fortescue takes the Oaths.

This Day Mathew Lord Fortescue took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Mrs. Thornton's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Anna Maria Thornton, Wife of Octavius Thornton Merchant."

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

D. Bolton.
D. Argyll.
D. Bridgewater.
Ld. Steward.
E. Suffolk.
E. Sandwich.
E. Litchfield.
E. Eglintoun.
E. Abercorn.
E. Marchmont.
E. Hyndford.
E. Egremont.
E. Harcourt.
E. Hertford.
V. Falmouth.
L. B. London.
L. B. Litch. & Cov.
L. B. Worcester.
L. B. Landaff.
L. Willoughby Par.
L. Delamer.
L. Cathcart.
L. Sandys.
L. Archer.
L. Melcombe.

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

Adjourn.

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

DIE Jovis, 3o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Winton.
Epus. Cestrien.
Epus. Landav.
Ds. Henley, Cancellarius.
Comes Suffolk.
Comes Abercorn.
Comes Marchmont.
Comes Fauconberg.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Delamer.
Ds. Sandys.
Ds. Lyttelton.
Ds. Grantham.
Ds. Boston.

PRAYERS.

Mrs. Thornton's Nat. Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Anna Maria Thornton, Wife of Octavius Thornton Merchant," 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."

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixty-two."

After some Time, the House was resumed.

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

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the 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 Sixty-two."

After some Time, the House was resumed.

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

Insolvent Debtors Act, compulsive Clause in, to repeal, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to repeal so much of an Act; passed in the Third Year of His present Majesty King George the Third, intituled, An Act for Relief of Insolvent Debtors, as relates to Creditors compelling Prisoners charged in Execution to deliver up their Estates, and to such Prisoners being thereupon discharged; and also to indemnify Sheriffs and Gaolers for discharging Prisoners in Obedience to the Orders of Justices made at any Court of Session."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the Committee, "That they had gone through the Bill, and made some Amendments thereto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Adjourn.

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

DIE Veneris, 4o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin.
Epus. Winton.
Epus. Litch. & Cov.
Epus. Cicestrien.
Epus. Landaven.
Ds. Henley, Cancellarius.
Dux Richmond.
Dux Argyll.
Dux Ancaster, Magnus Camerarius.
Comes Talbot, Senescallus.
Comes Suffolk.
Comes Northampton.
Comes Cholmondeley.
Comes Eglintoun.
Comes Moray.
Comes Abercorn.
Comes Dunmore.
Comes March.
Comes Marchmont.
Comes Hyndford.
Comes Oxford.
Comes Effingham.
Comes Powis.
Comes Egremont.
Comes Temple.
Comes Hertford.
Comes Fauconberg.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Berkeley Str.
Ds. Delamer.
Ds. Cathcart.
Ds. Romney.
Ds. Montfort.
Ds. Edgecumbe.
Ds. Fortescue.
Ds. Archer.
Ds. Ponsonby.
Ds. Lyttelton.
Ds. Wycombe.
Ds. Sondes.
Ds. Boston.

PRAYERS.

Land Tax Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixtytwo."

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

It was Resolved in the Affirmative.

Malt Bill:

Hodie 3a 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 Sixty-two."

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

It was Resolved in the Affirmative.

Mrs. Thornton's Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Anna Maria Thornton, Wife of Octavius Thornton Merchant."

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 preceding Bills.

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

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

Insolvent Debtors Act, compulsive Clause in, to repeal, Bill:

The Lord Willoughby of Parham (according to Order) reported the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act to repeal so much of an Act, passed in the First Year of His present Majesty King George the Third, intituled, "An Act for Relief of Insolvent Debtors," as relates to Creditors compelling Prisoners charged in Execution to deliver up their Estates, and to such Prisoners being thereupon discharged; and also to indemnify Sheriffs and Gaolers for discharging Prisoners in Obedience to the Orders of Justices made at any Court of Session."

And the said Amendments were read, by the Clerk, as follow:

"Pr. 2. L. 9. Leave out from the Word ["Force"] to the End of the Bill."

"In the Title of the Bill, after the Word ["discharged"], leave out ["and also to indemnify Sheriffs and Gaolers for discharging Prisoners in Obedience to the Orders of Justices made at any Court of Session"].

And the said Amendments, being read a 2d Time, were agreed to by the House.

Then the said Bill was read the Third Time.

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment 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, with some Amendments, to which their Lordships desire their Concurrence.

The House was adjourned during Pleasure, to robe.

The House was resumed.

Message from thence, that they agree to it:

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

To return the Bill, intituled, "An Act to repeal so much of an Act, passed in the First Year of His present Majesty King George the Third, intituled, "An Act for Relief of Insolvent Debtors," as relates to Creditors compelling Prisoners to deliver up their Estates, and to such Prisoners being thereupon discharged; and also to indemnify Sheriffs and Gaolers for discharging Prisoners in Obedience to the Orders of Justices made at any Court of Session;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

The House was adjourned during Pleasure.

The House was resumed.

The King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State (the Lords being in their Robes), commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker; he, after a short introductory Speech in relation to the Money Bills to be passed, delivered them to the Clerk; who brought them to the Table; where the Deputy Clerk of the Crown read the Titles of those and the other Bills to be passed, as follow:

Bills passed.

"1. An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixty-two."

"2. 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 Sixty-two."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"3. An Act to repeal so much of an Act, passed in the First Year of His present Majesty King George the Third, intituled, "An Act for Relief of Insolvent Debtors," as relates to Creditors compelling Prisoners to deliver up their Estates, and to such Prisoners being thereupon discharged."

To this Bill the Royal Assent was pronounced, by the Clerk Assistant, in these Words; (videlicet,)

"Le Roy le veult."

"4. An Act for naturalizing Anna Maria Thornton, Wife of Octavius Thornton Merchant."

To this Bill the Royal Assent was pronounced, by the Clerk Assistant, in these Words; (videlicet,)

"Soit fait comme il est desire."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Adjourn.

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

DIE Veneris, 11o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Eliens.
Epus. Litch. & Cov.
Epus. Wigorn.
Epus. Cicestrien.
Epus. Landaven.
Ds. Henley, Cancellarius.
Dux Argyll.
Dux Newcastle.
Dux Bridgewater.
Comes Suffolk.
Comes Winchilsea.
Comes Shaftesbury.
Comes Litchfield.
Comes Moray.
Comes Abercorn.
Comes Dunmore.
Comes Marchmont.
Comes Hyndford.
Comes Bute.
Comes Oxford.
Comes Stanhope.
Comes Gower.
Comes Powis.
Comes Egremont.
Comes Temple.
Comes Hardwicke.
Comes Fauconberg.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Delamer.
Ds. Cathcart.
Ds. Boyle.
Ds. Foley.
Ds. Bathurst.
Ds. Sandys.
Ds. Anson.
Ds. Ponsonby.
Ds. Mansfield.
Ds. Melcombe.
Ds. Grantham.
Ds. Boston.

PRAYERS.

E. of Bucks & al. against Lady Drury.

The Answer of Dame Martha Drury, to the Appeal of the Earl of Buckinghamshire and others, was this Day brought in:

Sims against Bennett & al.

As was also the Answer of Thomas Bennett, William Johnson, Frances Wilkes, and Charles Hitch, Respondents to the Appeal of Joseph Sims Clerk.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:

Philip Earl Stanhope.

John Lord Boyle.

Thomas Lord Foley.

Mullen's Pond, &c. Road, Bill.

A Message was brought from the House of Commons, by Sir Robert Long and others:

With a Bill, intituled, "An Act for repairing and widening the Roads from Mullen's Pond in the County of Southampton, to the Eighteen Mile Stone from the City of Salisbury near Willoughby Hedge, and from West Amesbury to Anstlow Hill, and from Amesbury to Fiddleton, and from The New Inn in Amesbury to the End of the Parish leading to Durrington, and from Wily to Cook's House and Landford, and from Beacon Hill to The Nag's Head, and from thence One Mile of the Road leading to Shrewton in the County of Wilts;" to which they desire the Concurrence of this House.

Holy Cross Common Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing certain Common Fields and Meadows, in the Parish of Holy Cross in Pershore, in the County of Worcester;" to which they desire the Concurrence of this House.

Krauter and Paris, Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Philip Jacob Krauter and John Paris;" to which they desire the Concurrence of this House.

Berens's Nat. Bill.

A Message was brought from the House of Commons, by Sir John Glynne and others:

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

The said Four Bills were severally read the First Time.

E. of Bute against E. Gower & al.

Upon reading the Petition and Appeal of the Right Honourable John Earl of Bute; complaining of a Decree of Dismission of the Court of Chancery, of the 23d Day of November last; and praying, "That the same may be reversed; and that this House will be pleased to grant the Appellant such other Relief as to their Lordships in their great Wisdom shall seem meet; and that Granville Levison Earl Gower and Sir Mathew Lamb Baronet, the sole acting Trustees and Executors of the Will of Edward Wortley Esquire, deceased, Edward Wortley Esquire, and James Archibald Stewart an Infant, may be required to answer the said Appeal:"

It is Ordered, That the said Granville Levison Earl Gower and Sir Mathew Lamb, Edward Wortley, and James Archibald Stewart, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 25th Day of this Instant December.

D. of Bedford & Feoffees of Woburn Charity; Petition referred to Judges.

Upon reading the Petition of the most Noble John Duke of Bedford, Samuel Davys Esquire, Richard Smith Esquire, John Smith Gentleman, Francis Turner Gentleman, William Turner Gentleman, Henry Clarke the Elder, Henry Clarke the Younger, Francis Green, George Bosworth, and John Edmonds, Feoffees of the Charity Estate belonging to the Parish of Woburn, in the County of Bedford, and of Robert Carey, Stephen Preston, Francis Exton, and George Harris, Churchwardens and Overseers of the Poor of the said Parish of Woburn; praying Leave to bring in a Bill for vesting the said Charity Estate in the Petitioner the Duke of Bedford, discharged of the said Trust, upon the said Duke's charging certain Lands of Inheritance belonging to him with the Payment of a clear Annual Rent, or Yearly Sum, for the Benefit of the said Charity; 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. Justice Wilmot; 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.

Trustees of Tancred's Charity; Petition referred to Judges.

Upon reading the Petition of Hugh Thomas Doctor in Divinity Master of Christ College in the University of Cambridge, Sir James Burrough Knight Master of Gonvile and Cajus College in the same University, Thomas Reeve Doctor of Physick President of the College of Physicians, John Pollen Esquire Treasurer of the Society of Lincoln's Inn, Samuel Salter Doctor in Divinity Master of The Charter-house or Sutton's Hospital, Isaac Townsend Esquire Master but commonly called Governor of the Royal Hospital at Greenwich, and Sir Robert Rich Baronet Governor of the Royal Hospital at Chelsea, the Masters, President, Treasurer, and Governor, of the said Colleges, Society, and Hospitals, for the Time being, respectively, being named, or intended, as Trustees of and for the charitable Uses and Purposes mentioned in the Settlement and Will of Christopher Tancred Esquire, deceased; praying, "That Leave may be given to bring in a Bill, for incorporating the said Masters, President, Treasurer, and Governor, of the said Colleges, Society, and Hospitals, respectively, for the Time being, and their Successors in the said Offices and Places respectively for ever; and for qualifying and enabling them to take and hold the Freehold and Leasehold Estates of the said Christopher Tancred, so settled, given, and devised, for the charitable Uses and Purposes aforesaid, as one Body Corporate and Politick, as Trustees for the charitable Uses and Purposes in the said Settlement and Will of the said Christopher Tancred, under and subject to such Provisions and Regulations as shall be thought requisite and necessary for the better Support and Management of the said Charity:"

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.

Phillimore, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Robert Phillimore Gentleman; praying Leave to bring in a Private Bill:

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 vesting a Piece or Pieces of Ground in Kensington, in the County of Middlesex, Part of the settled Estate of Robert Phillimore Gentleman, in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of Lands, Tenements, and Hereditaments, to be settled and limited to the like Uses as the said Ground now stands settled."

Adjourn.

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

DIE Lunæ, 14o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin.
Epus. Winton.
Epus. Elien.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Wigorn.
Epus. Meneven.
Epus. Landaven.
Ds. Henley, Cancellarius.
Dux Richmond.
Dux Newcastle.
Dux Manchester.
Comes Winchilsea.
Comes Sandwich.
Comes Essex.
Comes Litchfield.
Comes Rochford.
Comes Coventry.
Comes Eglintoun.
Comes Moray.
Comes Abercorn.
Comes Dunmore.
Comes Marchmont.
Comes Hyndford.
Comes Bute.
Comes Stanhope.
Comes Pomfret.
Comes Waldegrave.
Comes Gower.
Comes Egremont.
Comes Temple.
Comes Fauconberg.
Viscount Weymouth.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Berkeley Str.
Ds. Delamer.
Ds. Cathcart.
Ds. Foley.
Ds. Sandys.
Ds. Anson.
Ds. Hyde.
Ds. Mansfield.
Ds. Wycombe.
Ds. Melcombe.
Ds. Grantham.
Ds. Boston.

PRAYERS.

Report Committee of Privileges on Scotch Peerage.

The Lord Willoughby of Parham reported from the Lords Committees for Privileges, to whom it was referred to consider of, and make up, a List of the Peers of Scotland, at the Time of the Union, whose Peerages are still continuing; and to report to the House, from Time to Time, as they shall think fit: "That the Committee have met, and considered further of the Matter to them referred; and have come to the following Resolutions:

Resolutions concerning Borthwick and McLellan, calling themselves Lords Borthwick and Kircudbright;

"1. Resolved, That it is the Opinion of this Committee, that Henry Borthwick taking upon himself the Title of Lord Borthwick, and William Maclellan taking upon himself the Title of Lord Kirkcudbright, not having taken any Step towards the Prosecution of their respective Claims, ought, to all Intents and Purposes, to be considered as having no Right to the said Titles by them assumed, until they shall have made out their Claims, and procured the same to be duly allowed in the legal Course of Determination; and that, in the mean Time, until the same shall be so allowed, the said Persons or either of them, or any Person claiming under them or either of them, be not admitted to vote, by virtue of either of the said Titles, at the Election of any Peer of Scotland to fit and vote in this House pursuant to the Articles of Union."

"2. Resolved, That it is the Opinion of this Committee, That the said Henry Borthwick and William Maclellan, be ordered not to presume to take upon themselves the said Titles, Honours, and Dignities, until their Claims shall have been allowed in due Course of Law; and that Notice of these Resolutions and Orders be given to the Lord Clerk Register of Scotland; and that the Agents now attending on the Behalf of the said Henry Borthwick and William Maclellan be called in, and acquainted with the said Resolutions and Orders, to the Intent they may give immediate Notice thereof to the Persons concerned."

and concerning Fleming calling himself Earl of Wigton.

"3. Resolved, That it is the Opinion of this Committee, That Charles Ross Fleming, taking upon himself the Title of Earl of Wigtoun, having attended (pursuant to an Order of the 16th of November last), by a Person properly authorized for him, and undertaking to prosecute his said Claim in a legal Course of Determination, be ordered to attend the Committee again, by himself or some Person properly authorized for him, on Wednesday the 20th Day of January next."

Which Report was read by the Clerk.

And the Two First Resolutions, being read a Second Time, were severally agreed to by the House; and ordered accordingly.

And the Agents for the said Henry Borthwick and William Maclellan were called in, and acquainted therewith by the Lord Chancellor.

Then the Third Resolution, being read a 2d Time, was agreed to by the House; and ordered accordingly.

Alexander's Claim of the Earldom of Stirling.

The Earl of Bute (by His Majesty's Command) presented to the House a Petition of William Alexander to His Majesty, claiming the Title of Earl of Stirling, with His Majesty's Reference thereof to this House.

And the same were read by the Clerk, and are as follow:

"To the King's Most Excellent Majesty.

"The humble Petition of William Earl of Stirling;

"Sheweth,

"That Sir William Alexander of Menstrie, Secretary of State, was, in the Year 1630, created Viscount of Stirling and Lord Alexander of Tulliebodie, to him and his Heirs Male for ever, bearing the Surname and Arms of Alexander.

"That His Majesty King Charles, by Letters Patent, bearing Date the 14th Day of January 1633, reciting the said Viscount's Services to the Crown, and his great Merit in the First Discovery, Acquisition, and Settlement of Nova Scotia and Canada, created the said Viscount of Stirling Earl of Stirling, Viscount of Canada, and Lord Alexander of Tulliebodie, to him and his Heirs Male for ever, bearing the Surname and Arms of Alexander.

"That the First Earl of Stirling died in 1640; and his Eldest Son, having spent the greatest Part of his Fortune in pursuing the Design of establishing a Colony in the River St. Lawrence, and in America, in the Life-time of his Father, leaving a Son who succeeded his Grandfather in his Honours, but died soon afterwards, and was succeeded by Henry Third Son to the First Earl of Stirling, who was succeeded by his Son Henry the Fourth Earl, and he by his Son Henry the Fifth Earl, who survived all the Male Descendants of the First Earl, and died without Issue in 1739; the Right to the aforesaid Title and Dignity then devolved to the Issue Male of John Alexander, Uncle to the First Earl of Stirling.

"That your Petitioner, whose Family has long resided in North America, from whence he first arrived in Britain in 1757, is the Eldest Male Descendant of the said John, and as such was, on the 20th Day of March 1759, served and retoured nearest and lawful Heir Male of Henry the last Earl of Stirling; by virtue whereof, he humbly apprehends, he has a good Right to the Titles and Honours aforesaid.

"Your Petitioner therefore most humbly prays, that Your Majesty will be graciously pleased to give the proper Directions for having Your Petitioner's Right to the said Titles and Honours declared and established:

"And Your Petitioner shall ever pray, &c."

"St. James's, December 7th, 1761.

"His Majesty, being moved upon this Petition, is graciously pleased to refer the same 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 inform His Majesty how the same shall appear to their Lordships.

"Bute."

Ordered, That the said Petition and Reference be referred to the Lords Committees for Privileges; to consider thereof, and report their Opinion thereupon to the House:

Their Lordships, or any Seven of them; to meet on Wednesday next; and adjourn as they please.

Rutherford's Claim of the Barony of Rutherford.

The Earl of Bute also (by His Majesty's Command) presented to the House a Petition of Alexander Rutherfurd, claiming the Title of Lord Rutherfurd, and His Majesty's Reference thereof to this House; which were read, by the Clerk, as follow:

"To the King's Most Excellent Majesty.

"The humble Petition of Alexander Lord Rutherfurd;

"Sheweth,

"That Andrew Rutherfurd, who was a Gentleman in the Service of His Majesty King Charles the Second, was, by His said Majesty, in the Year 1661, created Lord Rutherfurd, to him and the Heirs Male procreate or to be procreate of his Body; whom failing, to any other Person or Persons whom he should think fit to name and design to succeed him, and be his Heirs of Taillie and Provision in that Dignity, at any Time during his Life, or even at the Time of his Death, according to the Nomination to be wrote by his Hand, under such Provisions, Restrictions, and Conditions, as the said Andrew should think fit to express in the said Designation.

"Lord Rutherfurd having no Issue, and being ordered to Tangier, in the Service of his Country; he, before his Departure, at Portsmouth, on the 23d December 1663, executed his Will, whereby, after bequeathing several Legacies to his Friends, he made a general Settlement of his Estate and Dignity in the following Words; (videlicet,) "And for the rest of my Worldly Estate which will fall under my Testament, I nominate and appoint Sir Thomas Rutherfurd of Hunthill my Heir, to succeed in my whole Estate and Dignity of Lord Rutherfurd, according to the Power given me by His Majesty's Patent under the Great Seal; whom, by these Presents, I nominate my only Executor, and universal Legator and Intromittor, with my Goods and Gear whatsomever." And, after some Directions with respect to his Executry and Payment of his Debts, he goes on, "Providing always, as it is hereby specially my Will, That the said Estate and Lands, or if in Monies to be employed in Lands, left hereby by me to the said Sir Thomas Rutherfurd, shall still remain to the Eldest Son of the said Sir Thomas Rutherfurd, and, failing thereof, to the nearest Heirs Males of the said Sir Thomas; which failing, to the Eldest Daughter of the said Sir Thomas: Providing always, That he to whom she shall be married be obliged to take the Name of Rutherfurd, Arms and Title; and so continue from Time to Time." After which, he limits them from contracting Debts, to burden the Estates so left: "But that they leave it free, without any Burden or Debt, from Heir to Heir, ad futuram Rei Memoriam, and for maynteyning the Name of Rutherfurd as long as may be."

"Andrew Lord Rutherfurd soon afterwards died at Tangier; and, in Consequence of the before Nomination, was succeeded in Title and Estate by the said Sir Thomas Rutherfurd, who sat in the Parliament of Scotland as Lord Rutherfurd.

"Thomas Lord Rutherfurd, dying in the Year 1670 without Issue, was succeeded in Title and Estate by his Brother Archibald, who, dying without Male Issue, was succeeded by his Younger Brother Robert, who sat as Lord Rutherfurd in the Parliament of Scotland down to the Union, and afterwards voted at the Election of the Sixteen Peers for Scotland to the Time of his Death in 1724.

"On the Death of Lord Robert without Issue, the Dignity devolved to his near collateral Heir Male, who was Your Petitioner's Father; upon whose Death it devolved to Your Petitioner, his Eldest Son and Heir.

"Your Petitioner therefore most humbly prays, that Your Majesty will be graciously pleased to give the proper Directions for having Your Petitioner's Right to the said Titles and Honours declared and established.

"And Your Petitioner shall ever pray, &c."

"St. James's, December 7th, 1761.

"His Majesty, being moved upon this Petition, is graciously pleased to refer the same 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 inform His Majesty how the same shall appear to their Lordships.

"Bute."

Ordered, That the said Petition and Reference be referred to the Lords Committees for Privileges; to consider thereof, and report their Opinion thereupon to the House; to meet also on Wednesday next; and to adjourn as they please.

Minutes of the Elections of Scotch Peers to be brought.

Ordered, That the proper Officer do lay before this House a Copy of the Minutes of the Election of the Sixteen Peers for Scotland, 5th May 1761:

And also, a Copy of the Minutes of the Election of the Earl of Hyndford, as One of the Sixteen Peers for Scotland, 12th August 1761.

E. of Egremont takes the Oaths.

Charles Earl of Egremont took the Oaths, and made and subscribed the Declaration, and also took and sub scribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Mullen's Pond, &c. Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from Mullen's Pond in the County of Southampton, to the Eighteen Mile Stone from the City of Salisbury near Willoughby Hedge, and from West Amesbury to Anstlow Hill, and from Amesbury to Fiddleton, and from The New Inn in Amesbury to the End of the Parish leading to Durrington, and from Wily to Cook's House and Landford, and from Beacon Hill to The Nag's Head, and from thence One Mile of the Road leading to Shrewton in the County of Wilts."

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

D. Richmond.
D. Manchester.
E. Winchilsea.
E. Sandwich.
E. Litchfield.
E. Coventry.
E. Moray.
E. Marchmont.
E. Hyndford.
E. Stanhope.
E. Fauconberg.
Vis. Weymouth.
L. Bp. London.
L. Bp. Ely.
L. Bp. Litch. & Cov.
L. Abergavenny.
L. Willoughby Par.
L. Delamer.
L. Cathcart.
L. Foley.
L. Sandys.
L. Melcombe.

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

Berens' Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Berens."

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.

Krauter and Paris, Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Philip Jacob Krauter and John Paris."

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

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

Holy Cross Common, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Common Fields and Meadows, in the Parish of Holy Cross in Pershore, in the County of Worcester."

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

Phillimore's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting a Piece or Pieces of Ground in Kensington, in the County of Middlesex, Part of the settled Estate of Robert Phillimore Gentleman, in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of Lands, Tenements, and Hereditaments, to be settled and limited to the like Uses as the said Ground now stands settled."

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 Second Day of Meeting after the Recess at Christmas, at the usual Time and Place; and to adjourn as they please.

Adjourn.

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

DIE Martis, 15o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Litch. & Cov.
Epus. Landaven.
Ds. Henley, Cancellarius.
Comes Winchilsea.
Comes Shaftesbury.
Comes Abercorn.
Comes Marchmont.
Comes Hyndford.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Cathcart.
Ds. Bathurst.
Ds. Sandys.
Ds. Ponsonby.
Ds. Melcombe.
Ds. Scarsdale.

PRAYERS.

Berens' Nat. Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Berens," 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."

Mullen's Pond, &c. Road, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Roads from Mullen's Pond in the County of Southampton, to the Eighteen Mile Stone from the City of Salisbury near Willoughby Hedge, and from West Amesbury to Anstlow Hill, and from Amesbury to Fiddleton, and from The New Inn in Amesbury to the End of the Parish leading to Durrington, and from Wily to Cook's House and Landford, and from Beacon Hill to The Nag's Head, and from thence One Mile of the Road leading to Shrewton in the County of Wilts," 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."

Woodrock to enter into Recognizance on the E. of Bate's Appeal.

The House being moved, "That Mr. Edward Woodcocke may be permitted to enter into a Recognizance for John Earl of Bute, on account of his Appeal depending in this House:"

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

Adjourn.

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

DIE Mercurii, 16o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Litch. & Cov.
Epus. Landav.
Ds. Henley, Cancellarius.
Dux Newcastle.
Comes Shaftesbury.
Comes Eglintoune.
Comes Moray.
Comes Abercorn.
Comes Dunmore.
Comes March.
Comes Marchmont.
Comes Hyndford.
Comes Hardwicke.
Comes Fauconberg.
Viscount Weymouth.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Cathcart.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Mansfield.
Ds. Lyttelton.
Ds. Wycombe.
Ds. Scarsdale.
Ds. Boston.

PRAYERS.

Boyd's and Trustees of Bexley Charity, Petition referred to Judges.

Upon reading the Petition of John Boyd of London Esquire; praying Leave to bring in a Bill, for compleating and carrying into Execution an Agreement entered into between the Petitioner and the Trustees of a Charity belonging to the Poor of the Parish of Bexley, in the County of Kent, for the Benefit of the said Charity; and for other Purposes therein mentioned:

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

Blunt & al. Petition referred to Judges.

Upon reading the Petition of Samuel Blunt Esquire, on Behalf of himself and Charlotte Blunt his Daughter, an Infant, Henry Humphery Esquire, James Clitherow Esquire and Ann his Wife, and Phillippa Clitherow Widow, on Behalf of herself and Christopher Clitherow her Son, an Infant, Paule Fielde Esquire, and Charles Scrase Gentleman; praying Leave to bring in a Bill, for confirming a Partition and Division of Three undivided Parts of certain Manors, Lands, and Hereditaments, in the several Counties of Sussex, Surry, and Kent, among the Parties interested in the same, in the Manner therein mentioned, pursuant to Articles of Agreement entered into for that Purpose:

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.

Sunderland against Rawlinson; Writ of Error.

The Lord Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in a Writ of Error, wherein John Sunderland is Plaintiff, and William Rawlinson Defendant.

Mullen's Pond, &c. Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from Mullen's Pond in the County of Southampton, to the Eighteen Mile Stone from the City of Salisbury near Willoughby Hedge, and from West Amesbury to Anstlow Hill, and from Amesbury to Fiddleton, and from The New Inn in Amesbury to the End of the Parish leading to Durrington, and from Wily to Cook's House and Landford, and from Beacon Hill to The Nag's Head, and from thence One Mile of the Road leading to Shrewton in the County of Wilts."

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

It was Resolved in the Affirmative.

Berens' Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John Berens."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Daval and Mr. Bonner:

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

Adjourn.

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

DIE Jovis, 17o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Meneven.
Epus. Landaven.
Ds. Henley, Cancellarius.
Dux Bridgewater.
Comes Shaftesbury.
Comes Eglintoune.
Comes Moray.
Comes Abercorn.
Comes Marchmont.
Comes March.
Comes Hyndford.
Comes Gower.
Comes Hardwicke.
Comes Fauconberg.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Delamer.
Ds. Cathcart.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Hyde.
Ds. Mansfield.
Ds. Melcombe.
Ds. Grantham.
Ds. Boston.

PRAYERS.

E. of Bute against E. Gower & al.

The Answer of the Honourable James Archibald Stuart, an Infant, by the Right Honourable George Lord Melcombe his Guardian, One of the Respondents to the Appeal of the Right Honourable John Earl of Bute, was brought in.

Spirituous Liquors, additional Duties, Bill.

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

With a Bill, intituled, "An Act for more effectually preventing the excessive Use of Spirituous Liquors for Home Consumption, by laying additional Duties upon Spirits made in Great Britain, or imported into the same; and for better regulating and encouraging the Exportation of British made Spirits; and for securing the Payment of the Duties upon Spirituous Liquors;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Hamilton to amend Appeal.

Upon reading the Petition of Robert Hamilton, Appellant in a Cause depending in this House, wherein Smith Earl of Clanrickard is Respondent; praying Leave to amend his Appeal, by inserting therein several Proceedings in the Cause in the Court below, subsequent to the Order complained of in his Appeal, and by making Peter Kilkenny a Party Respondent thereto, he amending the Respondent's Copy; no Answer being yet put in:

It is Ordered, That the Petitioner be at Liberty to amend his Appeal, as desired, he amending the Respondent's Copy; and that the said Peter Kilkenny may have a Copy of the said amended Appeal; and do put in his Answer thereunto, in Writing, on or before Thursday the 21st Day of January next; and Service of this Order upon the Six Clerk of the said Earl of Clanrickard in the Court of Chancery in Ireland shall be deemed good Service.

Adjourn.

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

DIE Veneris, 18o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Litch. & Cov.
Epus. Wigorn.
Epus. Petriburg.
Epus. Meneven.
Epus. Landaven.
Ds. Henley, Cancellarius.
Dux Argyll.
Dux Newcastle.
Comes Winchilsea.
Comes Coventry.
2. Comes Moray.
1. Comes Eglintoune.
Comes Abercorn.
Comes Dunmore.
Comes March.
Comes Marchmont.
Comes Fauconberg.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Cathcart.
Ds. Foley.
Ds. Romney.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Ponsonby.
Ds. Mansfield.
Ds. Melcombe.
Ds. Grantham.
Ds. Boston.

PRAYERS.

E. of Bute against E. Gower & al.

The Answer of the Right Honourable Granville Levison Earl Gower and Sir Mathew Lamb Baronet, to the Appeal of the Right Honourable John Earl of Bute:

And also, the Answer of Edward Wortley Esquire, to the same Appeal:

Were this Day brought in.

Salted Beef, &c. from Ireland, Bill.

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

With a Bill, intituled, "An Act for the Importation of Salted Beef, Pork, and Butter, into this Kingdom, from Ireland, for a limited Time, for the Supply of His Majesty's Ships, Transport and other Ships and Vessels, in His Majesty's immediate Service and Pay;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Holy Cross Common, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing certain Common Fields and Meadows in the Parish of Holy Cross in Pershore, in the County of Worcester," 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."

Krauter and Paris, Nat. Bill.

The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Philip Jacob Krauter and John Paris," 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."

Spirituous Liquors, additional Duties, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually preventing the excessive Use of Spirituous Liquors for Home Consumption, by laying additional Duties upon Spirits made in Great Britain, or imported into the same; and for better regulating and encouraging the Exportation of British-made Spirits; and for securing the Payment of the Duties upon Spirituous Liquors."

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 Monday next.

Adjourn.

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

DIE Lunæ, 21o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Litch. & Cov.
Epus. Landaven.
Ds. Henley, Cancellarius.
Dux Bridgewater.
Comes Shaftesbury.
Comes Abercorn.
Comes Marchmont.
Comes Powis.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Foley.
Ds. Melcombe.

PRAYERS.

Bp. of St. Davids to preach on Fast day.

Ordered, That the Lord Bishop of St. Davids be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Saturday the 30th Day of January next.

Holy Cross Common, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Common Fields and Meadows, in the Parish of Holy Cross in Pershore, in the County of Worcester."

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

It was Resolved in the Affirmative.

Krauter and Paris, Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Philip Jacob Krauter and John Paris."

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 preceding Bills.

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

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

Salted Beef, &c. from Ireland, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the Importation of Salted Beef, Pork, and Butter, into this Kingdom, from Ireland, for a limited Time, for the Supply of His Majesty's Ships, Transport and other Ships and Vessels, in His Majesty's immediate Service and Pay."

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

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

E. of Egremont & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Charles Earl of Egremont and Percy Wyndham Obrien Earl of Thomond; praying Leave to bring in a Private Bill:

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 Sale of certain Lands, Tenements, and Hereditaments, in the Parishes of Witham, Freary, Marston, or Nunney, in the County of Somerset, devised and limited by the Will of Sir William Wyndham Baronet, deceased; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the same Uses, except as therein mentioned."

Mendez & al. Petition referred to Judges.

Upon reading the Petition of Solomon Mendes Esquire and Sarah his Wife, and Jael Mendes Spinster their only Daughter and Child, and of Isaac Mendes, Jacob Mendes, and Esther Mendes, who, with the said Sarah Mendes, are the only Children of Abraham Mendes, deceased, and of Mordecai Carolino and Deborah his Wife, the only Daughter and Child of Isaac Mendes, deceased; praying Leave to bring in a Bill, for raising Money, out of certain Stocks and Funds vested in the Accomptant General of the Court of Chancery, for the Purchase or Redemption of certain Annuities therein mentioned, for the Payment of Debts, and for the Marriage Portion of the said Jael Mendes:

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 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.

E. of Bute against Earl Gower & al.

The House being moved, "That Friday the 22d Day of January next may be appointed, for hearing the Cause wherein John Earl of Bute is Appellant, and Granville Earl Gower and Sir Mathew Lamb Baronet and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 22d Day of January next, as desired.

Spirituous Liquors additional Duties, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for more effectually preventing the excessive Use of Spirituous Liquors for Home Consumption, by laying additional Duties upon Spirits made in Great Britain, or imported into the same; and for better regulating and encouraging the Exportation of British-made Spirits; and for securing the Payment of the Duties upon Spirituous Liquors."

After some Time, the House was resumed.

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

Adjourn.

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

DIE Martis, 22o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Wigorn.
Epus. Landaven.
Ds. Henley, Cancellarius.
Comes Shaftesbury.
Comes Abercorn.
Comes Marchmont.
Comes Gower.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Delamer.
Ds. Bathurst.
Ds. Sandys.
Ds. Melcombe.
Ds. Boston.

PRAYERS.

Spirituous Liquors, additional Duty, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for more effectually preventing the excessive Use of Spirituous Liquors for Home Consumption, by laying additional Duties upon Spirits made in Great Britain, or imported into the same; and for better regulating and encouraging the Exportation of British-made Spirits; and for securing the Payment of the Duties upon Spirituous Liquors."

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. Browning and Mr. Anguish:

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

E. of Egremont & al. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of certain Lands, Tenements, and Hereditaments, in the Parishes of Witham, Freary, Marston, or Nunny, in the County of Somerset, devised and limited by the Will of Sir William Wyndham Baronet, deceased; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the same Uses, except as therein mentioned."

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

E. Shaftesbury.
E. Abercorn.
E. Marchmont.
E. Gower.
L. Bp. Worcester.
L. Bp. Landaff.
L. Willoughby Par.
L. Delamer.
L. Sandys.
L. Melcombe.

Their Lordships, or any Five of them; to meet on Thursday the 21st Day of January next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Salted Beef, &c. from Ireland, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for the Importation of Salted Beef, Pork, and Butter, into this Kingdom from Ireland, for a limited Time, for the Supply of His Majesty's Ships, Transport and other Ships and Vessels in His Majesty's immediate Service and Pay."

After some Time, the House was resumed.

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

Then the said Bill was read the Third Time.

And 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 Mercurii, vicesimum tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 23o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Winton.
Ds. Henley, Cancellarius.
Dux Rutland.
Dux Newcastle.
Comes Talbot, Senescallus.
Comes Winchilsea.
Comes Shaftesbury.
Comes Eglintoun.
Comes Abercorn.
Comes Marchmont.
Comes Bute.
Comes Effingham.
Comes Gower.
Comes Powis.
Comes Fauconberg.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawar.
Ds. Willoughby Par.
Ds. Berkeley Str.
Ds. Delamer.
Ds. Montfort.
Ds. Sandys.
Ds. Lyttelton.
Ds. Melcombe.
Ds. Scarsdale.
Ds. Boston.

PRAYERS.

The King present:

The House was adjourned during Pleasure, to robe.

The House was resumed.

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State (the Lords being in their Robes) commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House:"

Who being come, with their Speaker;

He, after a short Introduction in relation to the Money Bill to be passed, delivered the same to the Clerk, who brought it to the Table; where the Deputy Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for more effectually preventing the excessive Use of Spirituous Liquors for Home Consumption, by laying additional Duties upon Spirits made in Great Britain, or imported into the same; and for better regulating and encouraging the Exportation of British-made Spirits; and for securing the Payment of the Duties upon Spirituous Liquors."

To this Bill the Royal Assent was pronounced, by the Clerk Assistant, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"2. An Act for the Importation of Salted Beef, Pork, and Butter, into this Kingdom, from Ireland, for a limited Time, for the Supply of His Majesty's Ships, Transport and other Ships and Vessels in His Majesty's immediate Service and Pay."

"3. An Act for repairing and widening the Roads from Mullen's Pond in the County of Southampton, to the Eighteen Mile Stone from the City of Salisbury, near Willoughby Hedge, and from West Amesbury to Anstlow Hill, and from Amesbury to Fiddleton, and from The New Inn in Amesbury to the End of the Parish leading to Durrington, and from Wily to Cook's House and Landford, and from Beacon Hill to The Nag's Head, and from thence One Mile of the Road leading to Shrewton in the County of Wilts."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words (videlicet,)

"Le Roy le veult."

"4. An Act for dividing and enclosing certain Common Fields and Meadows in the Parish of Holy Cross in Pershore, in the County of Worcester."

"5. An Act for naturalizing Philip Jacob Krauter and John Paris."

"6. An Act for naturalizing John Berens."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words, videlicet,

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Lords take the Oaths.

John Lord Bishop of Salisbury and Zachary Lord Bishop of Rochester took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Adjourn.

Dominus Cancellarius, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum nonum Januarii, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.