House of Lords Journal Volume 30
February 1763, 1-10

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History of Parliament Trust

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1767-1830

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324-329

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'House of Lords Journal Volume 30: February 1763, 1-10', Journal of the House of Lords volume 30: 1760-1764 (1767-1830), pp. 324-329. URL: http://british-history.ac.uk/report.aspx?compid=114525 Date accessed: 16 April 2014. Add to my bookshelf


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February 1763, 1-10

DIE Martis, 1o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Eliens.
Epus. Sarum.
Epus. Wigorn.
Epus. Cicestrien.
Epus. Petriburg.
Epus. Norvicen.
Epus. Meneven.
Epus. Landaven.
Epus. Carliol.
Ds. Henley, Cancellarius.
Dux Portland.
Comes Suffolk.
Comes Westmorland.
Comes Winchilsea.
Comes Shaftesbury.
Comes Rothes.
Comes Morton.
Comes Abercorn.
Comes Dunmore.
Comes Marchmont.
Comes Aylesford.
Comes Granville.
Comes Bath.
Comes Gower.
Comes Hertford.
Comes Hardwicke.
Viscount Weymouth.
Viscount Stormont.
Viscount Folkestone.
Viscount Spencer.
Viscount Wentworth.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Ward.
Ds. Delamer.
Ds. Cathcart.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Feversham.
Ds. Hyde.
Ds. Mansfield.
Ds. Wycombe.
Ds. Sondes.
Ds. Boston.
Ds. Milton.

PRAYERS.

M'Murtrie against Macartney & al.

The Answer of William Macartney Esquire, One of the Respondents to the Appeal of William Mac Murtrie Merchant, was this Day brought in.

Thanks to the Bp. of Lincoln, for his Sermon.

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

Aberbrothock, Duty on Beer, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing an Act passed in the Eleventh Year of His late Majesty King George the Second, intituled, An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer which shall be brewed for Sale, brought into, vended, tapped, or sold, within the Town of Aberbrothock, and Liberties thereof," 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."

Mackenzie & al. against Col. Scott & al.:

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Mackenzie of Brae and Donald Morison are Appellants, and Colonel John Scott and others Respondents:"

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

The same Appellants and His Majesty's Advocate for Scotland against Col. J. Scot & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Mackenzie of Brae and Donald Morison, and His Majesty's Advocate for Scotland, are Appellants, and Colonel John Scott and others are Respondents:"

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

Grofett against Sir J. Murray.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein James Grosett of London Merchant is Appellant, and Sir James Murray Baronet 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.

Spottiswoods against Burnett.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Spottiswoode Esquire is Appellant, and James Burnett 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.

Chaillett & al. take the Oaths for their Naturalization.

Rodolff Nicholas Chaillet, and Abraham Du Bois, took the Oaths appointed, in order to their Naturalization.

Hazeland's Divorce Bill.

The House was moved, "That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of William Hazeland Clerk with Mary Walley his now Wife; and to enable him to marry again and for other Purposes therein mentioned;" and hearing of Counsel for and against the same, which is appointed for Thursday next, may be put off till Thursday the 24th Instant, in regard of the Indisposition of a material Witness:"

Ordered, That the Second Reading of the said Bill be put off till Thursday the 24th Instant, as desired; and that the Witnesses, formerly ordered to attend, do then attend.

E. Granville takes his Seat.

This Day Robert Earl Granville sat first in Parliament, after the Death of his Father John Earl Granville; his Lordship having first, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Lade, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Lade and others; 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 Part of the settled Estate of John Lade the Younger and Hester his Wife, situate at Barham in the County of Kent, in Trustees, to be sold; and for laying out the Money to arise by such Sale in the Purchase of other Lands, to be settled to the same Uses."

Sutton in Holderness, Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enclosing and dividing several Lands and Grounds in the Parish of Sutton in Holderness, in the County of York."

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

D. Portland.
E. Suffolk.
E. Winchilsea.
E. Shaftesbury.
E. Abercorn.
E. Marchmont.
E. Aylesford.
E. Gower.
E. Hardwicke.
Vis. Weymouth.
Vis. Stormont.
Ld. Bp. Durham.
L. B. Sarum.
L. B. Landaff.
Ld. Willoughby Par.
L. St. John Blet.
L. Delamer.
L. Cathcart.
L. Sandys.
L. Boston.

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

Chaillet and Du Bois, Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Nicholas Chaillet and Abraham Du Bois."

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.

Counts Leslies against Grant and Orme, et è contra:

The Order of the Day being read, for the further Hearing of the Cause wherein Charles Cajetan Count Leslie and others are Appellants, and Peter Grant and David Orme his Tutor in Litem are Respondents, et è contra; and for the Judges to deliver their Opinions upon the Case and Question put to them on Friday last:

Judges Opinion delivered.

The Lord Chief Justice of the Common Pleas delivered the unanimous Opinion of the Judges present, upon the said Case and Question; videlicet,

"That Anthony is not capable to inherit or take Land for his own Benefit, and ought to be deemed an Alien:"

With their Reasons.

Then the Counsel were called in; and directed to proceed on the other Points in the Cause.

And One Counsel on each Side having been heard, as to the State of the Fact, and the Proofs in the Cause:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of this Cause, upon the remaining Points, be adjourned till To-morrow.

Adjourn.

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

DIE Mercurii, 2o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Eliens.
Epus. Bath. & Wells.
Epus. Sarum.
Epus. Wigorn.
Epus. Cicestrien.
Epus. Landav.
Epus. Exon.
Ds. Henley, Cancellarius.
Dux Argyll.
Dux Portland.
Comes Suffolk.
Comes Shaftesbury.
Comes Rothes.
Comes Eglintoun.
Comes Morton.
Comes Abercorn.
Comes Marchmont.
Comes Aylesford.
Comes Halifax.
Comes Gower.
Comes Powis.
Comes Guilford.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Boyle.
Ds. Sandys.
Ds. Mansfield.
Ds. Grosvenor.
Ds. Boston.
Ds. Milton.

PRAYERS.

D. of Hamilton & al. against Cochrane:

Upon reading the Petition of George James Duke of Hamilton and Brandon and his Tutors, and others, Appellants in a Cause depending in this House, wherein John Cochrane is Respondent, which stands appointed for hearing; praying, "In regard the Matters in Dispute between the Parties in this Cause are under Accommodation, that the Hearing thereof may be put off till the next Session of Parliament; the Respondent's Agent having signed the said Petition, as consenting thereto:"

Hearing put off till next Session.

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

Aberbrothock, Duty on Beer, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing an Act, passed in the Eleventh Year of His late Majesty King George the Second, intituled, An Act for laying a Duty of Two Pennies Scots, or one Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, vended, tapped, or sold, within the Town of Aberbrothock, and Liberties thereof."

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

It was Resolved in the Affirmative.

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

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

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

Counts Leslies against Grant and Orme; et è contra:

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Charles Cajetan Count Leslie and others are Appellants, and Peter Grant and David Orme his Tutor in Litem are Respondents, et è contra.

And the Counsel on both Sides having been fully heard, upon the remaining Points in the Cause:

They were directed to withdraw.

And the following Order and Judgement was made; (videlicet,)

Interlocutors affirmed.

"After hearing Counsel, on Thursday and Friday last, upon the Original Petition and Appeal of Charles Cajetan Count Leslie, Leopoldus Count Leslie Eldest Son, Anthony Count Leslie of Balquhain Second Son, and Charles Count Leslie Third Son, of the said Count Charles Cajetan; complaining of certain Interlocutors of the Lords of Session in Scotland, of the 1st of July, 21st of November, and 4th of December, 1761, and of the 5th of February 1762; and praying, that the same might be reversed, varied, or amended, or that the Appellants might have such other Relief as to their Lordships should seem just; And likewise upon the Cross Appeal of Peter Leslie Grant of Balquhain, and David Orme Writer in Edinburgh his Curator in Litem; complaining of Part of the said Interlocutor of the 4th of December 1761, and of the said Interlocutor of the 5th of February 1762 adhering thereto; and praying, that the same might be reversed, varied, or amended, or such other Relief given the Appellants as to this House should seem just: As also upon the Answer of the said Peter Leslie Grant and David Orme put in to the said Original Appeal; and the Answer of the said Charles Cajetan Count Leslie, Leopoldus Count Leslie, Anthony Count Leslie, and Charles Count Leslie, put in to the said Cross Appeal; the Judges present having been directed to deliver their Opinions to the House upon the following Case and Question; (videlicet,) "Ernest a natural-born Subject of England had Issue Charles Cajetan, now alive, born before the 7th Year of the Reign of Queen Anne out of the Liegeance of the King, who has Issue Anthony, born out of the Liegeance of the King." Question, "Whether Anthony is capable to inherit or take Land for his own Benefit, or ought to be deemed an Alien?" The Lord Chief Justice of the Common Pleas delivered the unanimous Opinion of the Judges present, "That Anthony is not capable to inherit or take Land for his own Benefit, and ought to be deemed an Alien." And after hearing the Counsel, as well Yesterday as this Day, upon the other Points in the Cause; and due Consideration had of what was offered on both Sides; it is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said 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 Court of Session in Scotland do give all proper Directions relating to the Continuance or Discharge of the Factor or Receiver of the Rents and Profits of the Estate in Question, appointed by Order of the said Court; and for his accompting for, and paying over, the Rents and Profits of the said Estate, as to the said Court shall seem just."

Adjourn.

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

DIE Jovis, 3o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Wigorn.
Epus. Petriburg.
Epus. Norvicen.
Epus. Meneven.
Epus. Landaven.
Epus. Exon.
Ds. Henley, Cancellarius.
Dux Devon.
Comes Suffolk.
Comes Winchilsea.
Comes Essex.
Comes Rochford.
Comes Morton.
Comes Abercorn.
Comes Dunmore.
Comes Marchmont.
Comes Dartmouth.
Comes Aylesford.
Comes Gower.
Comes Hardwicke.
Viscount Weymouth.
Viscount Stormont.
Viscount Spencer.
Viscount Wentworth.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Boyle.
Ds. Cathcart.
Ds. Bathurst.
Ds. Sandys.
Ds. Ravensworth.
Ds. Archer.
Ds. Vere.
Ds. Hyde.
Ds. Mansfield.
Ds. Grantham.
Ds. Scarsdale.
Ds. Boston.
Ds. Lovel.

PRAYERS.

L. Cha. Spencer & al. against D. of Marlborough & al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein the Right Honourable Charles Spencer, commonly called Lord Charles Spencer, and others, are Appellants, and his Grace the Duke of Marlborough and others Respondents.

And the Counsel for the Appellants having been fully heard;

As also the First Counsel for the Respondent the Duke of Marlborough:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till Monday next.

Causes removed.

Ordered, That the Hearing of the Cause wherein Richard Cheslyn and Edward Cheslyn are Appellants, and Henry Cresswell and others are Respondents, which stands appointed for To-morrow, be put off till Wednesday next; and that the other Causes be removed in Course.

Lade's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estate of John Lade the Younger and Hester his Wife, situate at Barham in the County of Kent, in Trustees, to be sold; and for laying out the Money to arise by such Sale in the Purchase of other Lands, to be settled to the same Uses."

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

D. Devon.
E. Suffolk.
E. Winchilsea.
E. Essex.
E. Abercorn.
E. Dunmore.
E. Marchmont.
E. Aylesford.
E. Hardwicke.
Vis. Weymouth.
Vis. Stormont.
L. Bp. Durham.
L. B. Litch & Cov.
L. B. Norwich.
L. Willoughby Par.
L. Delamer.
L. Sandys.
L. Archer.
L. Boston

Their Lordships, or any Five of them; to meet on Friday the 18th 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.

Adjourn.

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

DIE Lunæ, 7o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin.
Epus. Duresm.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Wigorn.
Epus. Landav.
Epus. Bristol.
Epus. Exon.
Ds. Henley, Cancellarius.
Dux Portland.
Comes Suffolk.
Comes Winchilsea.
Comes Cardigan.
Comes Shaftesbury.
Comes Morton.
Comes Abercorn.
Comes Marchmont.
Comes Aylesford.
Comes Waldegrave.
Comes Effingham.
Comes Guilford.
Viscount Stormont.
Viscount Falmouth.
Viscount Folkestone.
Viscount Wentworth.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Hay.
Ds. Sandys.
Ds. Ravensworth.
Ds. Archer.
Ds. Vere.
Ds. Hyde.
Ds. Mansfield.
Ds. Grantham.
Ds. Scarsdale.
Ds. Boston.
Ds. Lovel.

PRAYERS.

E. of Sandwich & al. to qualify as Vice Treasurer, &c. of Ireland, Bill.

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

With a Bill, intituled, "An Act to enable John Earl of Sandwich, Robert Nugent Esquire, and Richard Rigby Esquire, to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices;" to which they desire the Concurrence of this House.

Reessen's Nat. Bill.

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

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

The said Two Bills were read the First Time.

Rich's Pet. referred to Judges.

Upon reading the Petition of Thomas Rich of North Cerney in the County of Gloucester Gentleman; praying Leave to bring in a Bill, for vesting the Petitioner's Estate at North Cerney aforesaid 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 Adams; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

L. Cha. Spencer & al. against D. of Marlborough & al.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein the Right Honourable Charles Spencer, commonly called Lord Charles Spencer, and others, are Appellants, and his Grace the Duke of Marlborough and others Respondents.

The Second Counsel for the Respondent the Duke of Marlborough was heard.

As was also One Counsel for the Respondent the Trustees under the Will of the late John Duke of Marlborough.

And One Counsel having been heard for the Appellants, in Reply:

The Counsel were directed to withdraw.

Ordered, That the Judges do deliver their Opinions to the House, upon the following Question; (videlicet,)

"Whether, by the Rules of Law, an Estate Tail, limited to the Use of Persons unborn by any Deed or Will, can, by virtue of any Power given by such Deed or Will to Trustees, be revoked upon the Births of such Persons, and a new Estate limited to such Persons for their Lives respectively, with Remainders to the Issue of such Persons, successively, in Tail?"

Whereupon the Lord Chief Justice of the Common Pleas, having conferred with the rest of the Judges present, delivered their unanimous Opinion upon the said Question, in the Negative.

Decree affirmed.

And the following Order and Judgement was made; (videlicet,)

"After hearing Counsel, as well on Thursday last as this Day, upon the Petition and Appeal of the Right Honourable Charles Spencer, commonly called Lord Charles Spencer, and of the Right Honourable Robert Spencer, commonly called Lord Robert Spencer (the said Robert Spencer being an Infant under the Age of Twenty-one Years, by the Right Honourable John Lord Trevor his Uncle and next Friend), and of the Right Honourable John Lord Viscount Spencer, and of the Honourable George Spencer his only Son, an Infant under the Age of Twenty-one Years, by the said John Lord Viscount Spencer his Father and next Friend; complaining of a Decree of the Court of Chancery, of the 16th of November 1759; and praying that the same might be reversed, set aside, or varied, or such other Order made in the Premises as the Nature and Circumstances of the Case might require: As also upon the Answer of the most Noble George Duke of Marlborough, and the Answer of the most Noble John Duke of Bedford, the Right Honourable Francis Earl Godolphin, and the Right Honourable Charles Lord Viscount Fane in the Kingdom of Ireland, put in to the said Appeal; and after hearing the unanimous Opinion of the Judges present upon the Question of Law put to them; 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 Decree therein complained of be, and the same is hereby, affirmed."

Countess of Anglesey against Dubois & al.

The Answer of Peter Dubois Esquire and others, to the Appeal of Juliana Donovan, styling hereself in the said Appeal Juliana Countess of Anglesey, Widow, Relict, and sole Executrix named in the last Will and Testament, of Richard late Earl of Anglesey, deceased:

Countess of Anglesey against Simpson.

Also, the Answer of Ann Simpson (styling herself Ann Countess of Anglesey), to the Appeal of the said Juliana (styling herself in the said Appeal Juliana Countess of Anglesey Widow, Relict, and sole Executrix named in the last Will and Testament, of Richard late Earl of Anglesey, deceased), and others;

Were this Day brought in.

Adjourn.

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

DIE Martis, 8o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bangor.
Epus. Exon.
Ds. Henley, Cancellarius.
Dux Portland.
Comes Winchilsea.
Comes Marchmont.
Comes Aylesford.
Comes Gower.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Boyle.
Ds. Monson.
Ds. Feversham.
Ds. Lyttelton.
Ds. Milton.

PRAYERS.

Chaillet and Du Bois, Nat. Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Radolff Nicholas Chaillet and Abraham Du Bois," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

E. of Sandwich & al. to qualify as Vice Treasurer, &c. of Ireland, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable John Earl of Sandwich, Robert Nugent Esquire, and Richard Rigby Esquire, to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices."

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

D. Portland.
E. Winchilsea.
E. Marchmont.
E. Aylesford.
E. Gower.
Ld. Bp. Bangor.
L. B. Exeter.
Ld. Willoughby Par.
L. Delamer.
L. Boyle.
L. Monson.
L. Feversham.
L. Lyttelton.
L. Milton.

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.

Reessen's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Jacob Reessen."

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.

Wallace, peremptorily to answer the E. of Abercorns Appeal.

The House was informed, "That Andrew Wallace, Respondent to the Appeal of James Earl of Abercorn, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Walter Scott, Writer to His Majesty's Signet, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily, in a Week.

Morse & al. against Campbell:

Upon reading the Petition of Elizabeth Morse and others, Appellants in a Cause depending in this House, wherein James Goodlet Campbell is Respondent, which stands appointed for Hearing; praying, "In regard the Matters in Dispute between the Parties in this Cause have been amicably compromised, that they may be allowed to withdraw their Appeal; the Respondent's Agent having signed the said Petition, as consenting thereto:"

Appeal withdrawn:

It is Ordered, That the Appellants be at Liberty to withdraw their said Appeal, as desired.

Kerr & al. to withdraw their Appeal, on Payment of Costs.

A Petition of George Urquhart, Agent for Thomas Kerr and Robert Pollock, Appellants in a Cause depending in this House, wherein Janet Wallace and Thomas Buchanan are Respondents, which stands appointed for Hearing, was presented, and read; setting forth, "That, the Appellants not having transmitted their Papers or Money to instruct and see Counsel, the Petitioner is authorized to withdraw their Appeal; and therefore praying, that their Lordships would be pleased to order that he may have Leave to withdraw the said Appeal."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Ordered, That the said Appellants be at Liberty to withdraw their said Appeal, upon Payment of Twenty Pounds Costs to the Respondents.

Grace against Egan & al.

Upon reading the Petition of George Grace, Appellant in a Cause depending in this House, wherein Terence Egan and others are Respondents, which stands for Hearing on Friday next; setting forth, "That, by accidental Delays, the Proceedings relating to this Cause were not transmitted hither till the 20th of January last; and they being long, and consisting of great Variety of Matter, the Petitioner's Agent hath not been able to finish his Case and Instructions necessary for the Hearing;" and alleging, "That he hath not the least Intention to delay the Hearing of the Cause longer than is necessary for preparing his Case and Instructions;" and therefore praying, "That the Hearing of the said Cause may be adjourned to such further Day as to their Lordships shall seem meet:"

Causes removed.

It is Ordered, That the Hearing of the said Cause be put off till Monday next.

Ordered, That the other Causes be removed in Course.

Nedham's Pet. referred to Judges.

Upon reading the Petition of Catherine Nedham Widow, Mother and Guardian of William Nedham Esquire (an Infant of the Age of Nineteen Years or thereabouts), Youngest Son of Robert Nedham Esquire, deceased, and George Nedham Esquire, Eldest Son and Heir of the said Robert Nedham; praying Leave to bring in a Bill, for confirming and establishing an Agreement between the said Robert Nedham and the Governors and Guardians of The Foundling Hospital in London, and more effectually carrying the same into Execution; and for other 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. 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.

Chollet & al. Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Samuel Chollett, John Francis Gabriel Bize, and Samuel Grellet;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

DIE Mercurii, 9o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Londin.
Epus. Duresm.
Epus. Wigorn.
Epus. Petriburg.
Epus. Meneven.
Epus. Lincoln.
Epus. Exon.
Ds. Henley, Cancellarius.
Dux Kingston.
Comes Shaftesbury.
Comes Breadalbane.
Comes Marchmont.
Comes Bute.
Comes Aylesford.
Comes Pomfret.
Comes Essingham.
Comes Gower.
Comes Guilford.
Viscount Stormont.
Viscount Weymouth.
Viscount Wentworth.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Delamer.
Ds. Hay.
Ds. Ducie.
Ds. Sandys.
Ds. Hyde.
Ds. Lyttelton.
Ds. Boston.
Ds. Milton.
Ds. Beaulieu.

PRAYERS.

Hill, to take the Name of Medlycot, Bill.

A Message was brought from the House of Commons, by Sir Edmund Isham and others:

With a Bill, intituled, "An Act for enabling Ann Barbara Hill Medlycott to take and use the Surname and Arms of Medlycott, pursuant to the Will of Thomas Medlycott Esquire, deceased;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Cheslyn against Creswell & al.

After hearing Counsel, upon the Petition and Appeal of Richard Cheslyn and Edward Cheslyn; complaining of Part of a Decree or Order of the Court of Chancery, of the 8th Day of March 1762; and praying, "That the same might be reversed; or that the Appellants might have such other Relief as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of Henry Cresswell and Sarah his Wife, Charlotte Cresswell, and Richard Cheslyn Cresswell, Infants, by the said Henry Cresswell their Father and next Friend, and the Answer of Peter Courtney Cheslyn, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

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 Decree therein complained of be, and the same is hereby, affirmed.

E. of Sandwich & al. to qualify as Vice Treasurer, &c. of Ireland, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Earl of Sandwich, Robert Nugent Esquire, and Richard Rigby Esquire, to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices," 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."

Reessen's Nat. Bill.

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

Chaillet and Du Bois, Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Rodolff Nicholas Chaillet and Abraham Du Bois."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Adjourn.

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