House of Lords Journal Volume 27: March 1747, 1-10

March 1747, 1-10

DIE Lunæ, 2^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Rotherham against Brown.

The Answer of Edward Brown, One of the Respondents to the Appeal of Anne Rotherham Widow and others, was brought in.

As was also, the Answer of Elizabeth Brown an Infant, by Penelope Brown her Mother and Guardian, to the same Appeal.

V Leinster introduced:

James Earl of Kildare in the Kingdom of Ireland, being, by Letters Patent, dat 21^o Februarii, 20^o Georgii 2^di, created Viscount Leinster of Taplow in the County of Bucks, was (in his Robes) introduced, between the Lord Viscount St John and the Lord Viscount Harcourt (also in their Robes), the Deputy Gentleman Usher of the Black Rod, Garter King at Arms, the Deputy Earl Marshal of England, and the Lord Great Chamberlain, preceding.

The said Viscount Leinster, on his Knee, presented his Patent to the Lord Chancellor, at the Woollack, 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 Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Fath, &c To Our Right Trusty and Wellbeloved Cousin James Viscount Leinster of Taplow in Our County of Buckingham, Greeting Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church, is now met at Our City of Westminster, We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice, and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Twenty-first Day of February, in the Twentieth Year of Our Reign.

"Yorke and Yorke."

Bp of Exeter takes the Oaths.

Then his Lordship, together with George Lord Bishop of Exeter, having (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, the said Viscount was placed on the lowest End of the Earls Bench.

Newcastle upon Tyne Road, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the High Road leading from the North End of The Cow Cawsey, near the Town of Newcastle upon Tyne, to the Town of Belford, and from thence to Buckton Burn, in the County of Northumberland," 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."

Harrison & al Pet referred to Judges.

Upon reading the Petition of George Harrison and Kingsmill Evans Esquires and Susanna Clarke Widow, for and on the Behalf of Jane Kemeys, Ann Kemeys, Mary Kemeys, and Susanna Audry Kemeys, Infants, Daughters and only Children of Reginald Kemeys Esquire, deceased, by Jane his Wife, also deceased, who was One of the Daughters of Charles Proby Doctor in Divinity by Mary his Wife, both deceased, and of Joseph Reynardson Merchant and Audry his Wife, another Daughter of the said Charles Proby by the said Mary his Wife, praying Leave to bring in a Bill, to enable the said Petitioners to sell a Messuage, Tenement, Lands, and Premises, in Tewin and Datchworth, in the County of Hertford, pursuant to an Agreement in the Petition mentioned, for the Benefit of the Petitioners the Infants.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Abney and Mr Justice Birch, with the usual Directions, according to the Standing Order.

Cary & al Pet referred to Judges.

Upon reading the Petition of George Cary Esquire and Anne his Wife, praying Leave to bring in a Bill, for rectifying certain Defects in an Act of Parliament passed in the Tenth Year of the Reign of His present Majesty, for Sale of Part of the settled Estate late of George Cary Esquire, in the County of Devon, for discharging Debts and Encumbrances, and for explaining and amending the same, with respect to the several Particulars in the Petition mentioned.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Clive, with the usual Directions, according to the Standing Order.

Rotherham & al against Brown & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Anne Rotherham Widow and others are Appellants, and Ralph Browne and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 23d Instant.

E Stamford's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of Harry Earl of Stamford, in order to discharge several Encumbrances affecting the same"

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

Their Lordships, or any Five of them, to meet on Tuesday the 17th Instant, at the usual Time and Place, and to adjourn as they please.

Motion to shorten the Time of meeting of the Committee.

The House being moved, "That the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, may be so far dispensed with, as that the Committee on the last mentioned Bill may meet on an earlier Day, in regard the Session is far advanced"

Ordered, That the said Motion be taken into Consideration To-morrow, and the Lords to be summoned.

Kyraston's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Rectory of St Buttolph without Aldgate, London, the Estate of Thomas Kynaston Clerk, comprized in his Marriage Settlement, and for purchasing another Estate, to be settled to the Uses of the said Settlement"

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. Burroughs and Mr Allen

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

L Lovat's Pet to put off his Trial rejected.

A Petition of Simon Lord Fraser of Lovat, was presented, and read, setting forth, "That Two of the Petitioner's Witnesses, served with the Order of this House for their Attendance, were prevented by Sickness from setting out as early as some of the rest, but are willing to obey the Summons as soon as able to travel, and that Five other material Witnesses have absolutely refused to attend, though regularly served with the Order of this House for that Purpose," and praying, "That this House will appoint a more distant Day for the Petitioner's Trial, and that the Persons so refusing may be compelled to attend at such Time as shall be thought fit, or that their Lordships will grant the Petitioner such other Relief as to their great Wisdom shall seem meet."

As was also read, an Affidavit of Hugh Fraser Gentleman, the said Lord's former Solicitor, in order to verify the Truth of the Allegations of the said Petition.

Whereupon he and Mr Goostrey, One of the Petitioner's Solicitors, were called in, and examined at the Bar.

And being withdrawn.

Ordered, That the said Petition be rejected.

L Lovat to be brought to his Trial.

Ordered, That the Lieutenant of The Tower of London, or his Deputy, do bring to the Bar of this House, in Westm'r Hall, on Thursday next, at Ten of the Clock in the Forenoon, Simon Lord Lovat, in order to his Trial, upon the Impeachment of High Treason, exhibited against him by the House of Commons.

To Charles Lord Cornwallis, Constable of His Majesty's Tower of London; or, in his Absence, to the Lieutenant of the said Tower, or his Deputy.

Message to H C to acquaint them with it.

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

To acquaint them, "That the Lords will be ready to go down into Westm'r Hall at the Time abovementioned, in order to the Trial of the said Lord Lovat."

Adjourn.

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

DIE Martis, 3^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Garden against Rigg.

Upon reading the Petition and Appeal of Alexander Garden of Troup Esquire, complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 26th of November 1743, and also of an Interlocutor of the said Lords, of the 6th of January 1746/7, and of their Adherence thereto, the 11th of February following, made on the Behalf of Thomas Rigg, and praying, That the same may be reversed, and that this House will give the Appellant such Relief as their Lordships in their great Wisdom shall think fit"

It is Ordered, That the said Thomas Rigg may have a Copy of the said Appeal. and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the 31st Day of this Instant March, and that Service of this Order on his Counsel, or Agents in the said Cause, be deemed good Service.

Newcastle upon Tyne Road, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the High Road leading from the North End of The Cow Cawsey, near the Town of Newcastle upon Tyne, to the Town of Belford, and from thence to Buckton Burn, in the County of Northumberland"

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 Burroughs and Mr. Allen

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

E Stamford's Bill,

The Order of the Day being read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, so as that the Committee to whom the Bill, intituled, "An Act for Sale of Part of the settled Estate of Harry Earl of Stamford, in order to discharge several Encumbrances affecting the same," stands committed, may meet on an earlier Day, in regard the Session is far advanced.

And Consideration being had thereof accordingly.

Committee shortened.

Ordered, That the said Standing Order be so far dispensed with, in this Case, That the said Committee may meet, to consider of the said Bill, To morrow.

Servants Wages adjusting, Bill.

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

With a Bill, intituled, "An Act for the better adjusting and more easy Recovery of the Wages of certain Servants, and for the better Regulation of such Servants," to which they desire the Concurrence of this House.

And the same was read the First Time.

Ordered, That the said Bill be printed.

Trial of Ld Lovat put off.

A Petition of Simon Lord Fraser of Lovat, was presented, and read, setting forth, "That some of his Witnesses came to Town on Friday, and Two others set out from Edinburgh on the 24th and 25th of last Month, who are expected in Town by the End of this Week, and representing his Want of Money, having been supplied by his Agents, who have advanced him considerable Sums," and praying, "That Mr Charles Hamilton Gordon may be assigned One of his Counsel, in the Place of Mr. Starkie, who, on account of the bad State of his Health, has declined giving the Petitioner his Assistance, and that his Trial may be put off until next Monday, and such other Order made upon this Application as to the House shall seem meet."

As also upon reading Two Affidavits annexed.

One, of Mr George Ross, averning the Disbursement of a very large Sum of Money to the Petitioner.

And the other, of Mr William Fraser, "That the Witnesses are upon the Road, and expected here by Saturday or Sunday next"

Ordered, That the Trial of the Petitioner be put off to Monday next, as desired, and that Mr Charles Hamilton Gordon be assigned One of his Counsel, in Place of Mr. Starkie, as desired.

Message to H C to acquaint them that his Trial is deferred.

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

To acquaint them, "That this House, upon the Petition of the said Lord Lovat, for the Reasons therein contained, have enlarged the Time of his Trial, upon the Impeachment of High Treason, exhibited against him by the House of Commons, to Monday next, at Eleven of the Clock in the Forenoon, and that their Lordships will be ready to go down into WestminsterHall at the Time abovementioned, in order to his Trial."

L Lovat to be brought to the Bar.

Ordered, That the Lieutenant of The Tower of London, or his Deputy, do bring the said Lord Lovat to the Bar of this House, in Westm'r-Hall, at Ten of the Clock in the Forenoon, on Monday next, in order to his Trial upon the said Impeachment.

Adjourn.

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

DIE Jovis, 5^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

E Stamford's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Put of the settled Estate of Harry Earl of Stamford, in order to discharge several Encumbrances affecting the same," 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, and that the Committee had gone through the Bill, and made some Amendments thereunto"

Which, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Sambrooke & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Mary Sambrooke 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 1^a vice lecta est Billa, intituled, "An Act to enable the Guardians of Elizabeth and Diana Sambrooke, Infants, to Join with Mary Sambrooke, their Sister, in making Building Leases of divers Houses and Tenements, in the County of Middlesex."

Oakeley & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Richard Oakeley, in the County of Salop, Esquire, 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 1^a vice lecta est Billa, intituled, "An Act for raising Money, out of the settled Estates of Richard Oakeley Esquire, in the Counties of Salop and Oxford, for the Payment of several Debts and Encumbrances; and providing a Recompense for the same, in such Manner as is therein mentioned."

Barry to take the Name of Smith, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Barry Esquire, and his Issue by Dorothy his Wife (late Dorothy Smith), to take and use the Name of Smith, and bear the Arms of Smith."

The House was moved, "That the said Bill be committed, for Tuesday the 17th Instant."

And Consideration being had thereof.

Ordered, That the said Bill be rejected.

Messages from H C with Bills; and to return the one for Smith to take the Name of Aynscombe.

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

To return the Bill, intituled, "An Act to enable Lillie Smith, and his Heirs by Valentina his Wife (formerly Valentina Aynscombe), to take and use the Surname of Aynscombe, pursuant to the Will of Thomas Aynscombe Esquire, deceased," and to acquaint this House, that they have agreed to the same, without any Amendment.

Sunderland Road, Bill.

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

With a Bill, intituled, "An Act for repairing the Road from Sunderland, near the Sea, to the City of Durham, in the County of Durham," to which they desire the Concurrence of this House.

Durham Road, Bill.

A Message was brought from the House of Commons, by the same Mr Bowes and others.

With a Bill, intituled, "An Act for repairing the High Road leading from the City of Durham, in the County of Durham, to Tyne Bridge, in the said County," to which they desire the Concurrence of this House.

Coaches, &c Duties on, Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty several Rates and Duties upon Coaches, and other Carriages therein mentioned, and for raising the Sum of One Million, by Way of Lottery, to be charged upon the said Rates and Duties," to which they desire the Concurrence of this House.

The Three last mentioned Bills were read the First Time.

Garden to enter into Recognizance for Garden.

The House being moved, "That Robert Carden of The Middle Temple London Gentleman may be permitted to enter into a Recognizance for Alexander Garden Esquire, on account of his Appeal depending in this House, he being in Scotland"

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

Adjourn.

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

DIE Veneris, 6^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E Stamford's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of Harry Earl of Stamford, in order to discharge several Encumbrances affecting the same."

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

It was Resolved in the Affirmative.

A Message was sent to the House of Commons, by Mr Burroughs and Mr Allen

To carry down the said Bill, and desire then Concurrence thereunto.

State of National Debt delivered.

The House being informed, "That Mr Dawson, from the Exchequer, attended"

He was called in, and delivered, at the Bar, pursuant to their Lordships Address of the 4th of February last,

"A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1745, and on the 31st of December 1746, together with an Accompt of the Produce of the Sinking Fund in that Year, and to the Payment of what Debts, contracted before the 25th Day of December 1716, the said Fund has been applied"

And then he was directed to withdraw.

And the Title thereof being read, by the Clerk.

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

Cornwall to bring up a Writ of Error.

Upon reading the Petition of George Burrington Esquire, setting forth, "That, in Trinity Term, in the Sixth Year of His late Majesty, he recovered Judgement against Velters Cornwall Esquire and Samuel Morris Esquire, in the Court of King's Bench, for Eight Thousand Eight Hundred Pounds Debt, and for Costs Fifty-three Shillings, and afterwards, for Delay, the said Cornwall and Morris brought a Writ of Error, in the Exchequer Chamber at Westminster, and, after some Proceedings thereon, the Judgement was affirmed, with Eight Pounds Costs, by reason of the Delay occasioned by the said Writ of Error, since which, the said Velters Cornwall has sued forth a Writ of Error returnable in Parliament, but hath not procured the Record of the Judgement to be transcribed, not taken any Steps towards doing the same," and praying, "That the said Velters Cornwall may, by a short Day, be required to transcribe the Record, and procure the same to be brought into this House, or, in Default thereof, that the Petitioner may be at Liberty to take out Execution, as if no such Writ of Error had been sued out"

It is Ordered, That the said Velters Cornwall do, on or before this Day Fortnight, procure the said Record to be transcribed, and brought into this House, according to the Prayer of the said Petition.

Sir Brownlow Sherard & al Petition referred to Judges.

Upon reading the Petition of Sir Brownlow Sherard Baronet and Dame Mary Sherard his Wife, William Perry Esquire and Elizabeth Perry his Wife, the said Dame Mary Sherard and Elizabeth Perry being the Nieces and Coheirs of Joceline late Earl of Leicester, deceased, who in his Life-time was the Fourth and Youngest Son of Robert late Earl of Leicester, and also Grand-daughters and Heirs of the Body and Heirs General of the said Earl Robert, and also Nieces and Coheirs of Philip late Earl of Leicester, deceased, who was in his Life-time the Eldest Son of the said Earl Robert, and also Nieces and Coheirs of John late Earl of Leicester, deceased, who was in his Life-time the Second Son of the said Earl Robert, and also Daughters and Coheirs of Thomas Sidney Esquire, deceased, who was in his Life-time the Third Son of the said Earl Robert, and also the Petition of Ann Sidney Spinster, an Infant, Natural Daughter of the said Earl Joccline, and the Petition of John Duke of Bridgewater, an Infant, and of Rachel Dutchess of Bridgewater, One of his Guardians, and the humble Petition of Samuel Fgerton Esquire, the other Guardian of the said Duke, and also Guardian of the said Ann Sidney the Infant, and Administration of the said Earl Joceline, with his Will annexed, during the Minority, and for the Benefit, of the said Ann Sidney; praying Leave to bring in a Bill, for establishing an Agreement between the Petitioners, made the 23d of January last, and making the same effectual, it being apprehended, that the carrying the same into Execution will be greatly for the Benefit of the Parties concerned, and be a Means to preserve great Part of the Estate of the late Earls of Leicester in that Family, which might otherwise be wasted and consumed in expensive Suits of Law and Equity.

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 Clive, with the usual Directions, according to the Standing Order.

Oakeley's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for raising Money, out of the settled Estates of Richard Oakeley Esquire, in the Counties of Salop and Oxford, for the Payment of several Debts and Encumbrances, and for providing a Recompense for the same, in such Manner as is therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

Their Lordships, or any Five of them, to meet on Monday the 23d Instant, at the usual Time and Place, and to adjourn as they please.

Sambrooke's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Guardian of Elizabeth and Diana Sambrooke, Infants, to join with Mary Sambrooke, their Sister, in making Building Leases of divers Houses and Tenements, in the County of Middlesex"

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.

Sunderland Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road from Sunderland, near the Sea, to the City of Durham, in the County of Durham."

Ordered, That the said Bill be committed to the same Committee.

Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place, and to adjourn as they please.

Durham Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the High Road leading from the City of Durham, in the County of Durham, to Tyne Bridge, in the same County"

Ordered, That the said Bill be committed to the Consideration of the same Committee.

Their Lordships, or any Five of them, to meet To-morrow, at the same Place, and to adjourn as they please.

Rose & al. against Countess Dowager of Roscommon.

The House being informed, "That Angel Countess Dowager of Roscommon has not put in her Answer to the Appeal of George Rose and Arthur Usher Esquires, though duly served with the Order of this House for that Purpose"

And thereupon an Affidavit, made by Robert Kean of the City of Dublin, of the due Service of the said Order, being read.

Respondent peremptorily to answer.

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

Mutiny Bill.

A Message was brought from the House of Commons, by Mr. Fox Secretary at War and others.

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

The said Bill was read the First Time.

Coaches, &c Duties on, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting to His Majesty several Rates and Duties upon Coaches, and other Carriages therein mentioned, and for raising the Sum of One Million, by Way of Lottery, to be charged upon the said Rates and Duties."

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

Message from H C to return the E of Leicesters Bill.

A Message was brought from the House of Commons, by Mr Horace Walpole and others.

To return the Bill, intituled, "An Act for settling the Estates of Thomas Earl of Leicester and Edward Coke Esquire, commonly called Lord Coke, his only Son, in the County of Norfolk, on the Marriage of the said Edward Lord Coke with the Lady Mary Campbell, One of the Daughters of John late Duke of Argyll, deceased," and to acquaint this House, that they have agreed to the same, without any Amendment.

Adjourn.

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

DIE Lunæ, 9^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

L. Byron's Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for settling the Estates of William Lord Byron and Elizabeth Shaw Spinster, an Infant, on their Intermarriage," 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 then Consents, and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Burton's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Estates of Doctor Simon Burton, deceased, in the Counties of Wilts and Southampton, in Trustees, to raise Money, for the Payment of several Debts and Encumbrances, and for other Purposes therein mentioned," 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, 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.

Commission, appointing a Lord High Steward, for the Trial of L Lovat.

The Commission granted by His Majesty, appointing a Lord High Steward during the Trial of Simon Lord Lovat, pursuant to the Address of this House for that Purpose, was delivered in, and read, all the Lords standing up uncovered, as follows.

"GEORGE R.

"George the Second, by the Grace of God, of Great Britain, France, and Leland, King, Defender of the Faith, and so forth To Our Right Trusty and Well beloved Counsellor Philip Lord Hardwicke, Baron of Hardwicke in Our County of Gloucester, Our Chancellor of Great Britain, Greeting. Whereas Simon Lord Lovat, before Us in Parliament, by the Knights, Citizens, and Burgesses, in Our Parliament assembled, in the Name of the said Knights, Citizens, and Burgesses, and in the Name of all the Commons of Our Kingdom of Great Britain, is and stands impeached and accused of High Treason, by him the said Simon Lord Lovat committed and perpetrated, We, considering that Justice is an excellent Virtue, and pleasing to the Most High, and being willing that the said Simon Lord Lovat should, before Us, in Our present Parliament, according to the Law and Custom of this Our Kingdom of Great Britain, and according to the Custom of Parliament, be heard, sentenced, and adjudged, touching and concerning the said High Treason, whereof he stands impeached and accused, as aforesaid, and that all other Things which are necessary in this Behalf should be in due Manner done and executed And forasmuch as the Lords Spiritual and Temporal, in Our present Parliament assembled, have most humbly besought Us, that We would vouchsafe to appoint a Steward of Great Britain for this Time, We, very much considing in your Fidelity, Prudence, provident Circumspection, and Industry, have, for this Cause, ordained and constituted you Steward of Great Britain, to bear, execute, and exercise, for this Time, the said Office, with all Things to the same Office in this Behalf due and belonging, and therefore We command you, that you diligently set about the Premises, and for this Time do exercise and execute, with Effect, all those Things which belong to the Office of Steward of Great Britain, and which are required on this Behalf. In Witness whereof, We have caused these Our Letters to be made Patent.

"Witness Ourself, at Westminster, the Ninth Day of March, in the Twentieth Year of Our Reign.

"By the King Himself, signed with His own Hand.

"Yorke and Yorke"

Trial of I Lovat.

This Day being appointed, to proceed to the Trial of Simon Lord Lovat, Garter King at Arms was permitted to come to the Table, and the House (according to Order) was called over by the Clerk, beginning at the lowest Baron, the Clerk, pursuant to the same Order, setting down the Names of those Lords who were absent.

And the said King at Arms having marked, in a List, such Lords as were present, the Names of the absent Lords were again called over; (videlicet,)

Lord King.
Lord Boyle.
Lord Barnard.
Lord Craven.
Lord Hunsdon.
Lord Percy.
Bp. Carlisle.
Bp. Ely
Bp Chester.
Bp Peterborough.
Bp. Winchester.
Bp. Durham.
Bp. London.
Viscount Cobham.
Viscount Say & Seale.
Viscount Hereford
E. Fitzwilliam.
E Harrington.
E Bristol.
E Dartmouth.
E. Ferrers.
E. Stair.
E. Hyndford.
E. Breadalbane.
E. Loudoun.
E Home.
E Moreton.
E. Sutherland.
E. Craufurd.
E Albemarle.
E Bradford.
E. Radnor.
E. Anglesey.
E. Clarendon.
E Sandwich.
E Thanet.
E Denbigh.
E. Exeter.
E Suffolk.
E. Derby.
D. Cleveland.
D. Somerset.
Lord Privy Seal.
D. Cumberland.
Prince of Wales.

Then the House was adjourned into Westminster Hall; whither the Officers, Attendants, Peers Eldest Sons, Minor Peers, and Lords, went in the Order directed, the before-mentioned King at Arms calling them in their due Places by his List.

And the Lords being come there, and seated; and the House resumed.

Proclamation was made, in the King's Name, for all Persons to keep Silence, upon Pain of Imprisonment.

Then the Commission, appointing a Lord High Steward, was presented to the Lord High Steward, sitting upon the Woolsack, by the Clerk of the Crown in Chancery (after Three Reverences) on his Knee And the same being brought to the Table, and Proclamation again made for keeping Silence, the said Commission was read by the said Clerk of the Crown in Chancery, all the Lords standing up uncovered.

Which being done, and the Lord High Steward having received his Staff in the usual Manner, and seated himself in a Chair, placed on the Second Step of the Throne, prepared for that Purpose.

Proclamation was again made, for keeping Silence, and also Proclamation, requiring the Lieutenant of The Tower of London to bring forth Simon Lord Lovat, his Prisoner, to the Bar, according to the Order of this House to him directed.

Who, being brought to the Bar accordingly, kneeled until the Lord High Steward acquainted him he might rise.

Then the Articles of Impeachment exhibited by the House of Commons against him, and his Lordship's Answer thereunto, as also the Replication of the Commons to the said Answer, were (according to Order) read.

After which, the Lord High Steward spake to the Prisoner, as follows, (videlicet,)

Lord High Steward's Speech to the Prisoner.

"Simon Lord Lovat,

"You stand impeached of High Treason, by the Knights, Citizens, and Burgesses, in Parliament assembled, in the Name of themselves and of all the Commons of Great Britain, and your Lordship is now brought to the Bar of this House, to receive your Trial upon that Impeachment.

"The Weight of this Accusation, the solemn Manner of exhibiting and prosecuting it, and the Awfulness of this Supreme Judicature, the most illustrious in the World, are Circumstances that may naturally strike your Mind with anxious and alarming Apprehensions Reasonable and well-grounded must those Apprehensions be, if they proceed from that greatest of all Terrors, a Consciousness of Guilt. But, if your Lordship is innocent, if you have really preserved yourself untainted with the heinous Crimes laid to your Charge, as you have averred by your Answer, these very awful Circumstances, when duly considered, ought to have a contrary Effect, and to afford you Support and Consolation.

"Your Lordship can never doubt of the greatest Fairness and Candour, in the Management of a Prosecution carried on by the House of Commons, entrusted and highly concerned to preserve the Rights and Liberties of their Fellow Subjects, neither can you entertain the least Doubt of a just and impartial Trial, where the Law of the Land, and the Custom and Usage of Parliament (an essential Part of that Law), constitute the Rule of proceeding, and the Decision and Judgement rests in the Breasts of those Noble Lords, your Peers, who are to try you upon that Honour which is inseparable from them, and to judge you by that Law which is the great Security of themselves and their Posterity.

"It is my Duty, to put your Lordship in Mind of some Things, which may be of Use to you in the Conduct of your Defence, but in this I shall be the shorter, since, at your own Request, Counsel have been already assigned you, with whom you must be presumed to have advised.

"Your Lordship must give due and patient Attention to the reading of the Articles, and what shall be said by the Managers for the House of Commons, or offered in Evidence against you, without giving any Interruption, but, when the Managers shall have finished the Examination, on then Part, of any Witness produced by them, you will have Liberty to cross-examine that Witness.

"When the Managers for the Commons shall have gone through their Evidence, and closed what they shall think fit to offer by Way of Charge, then will be your Lordship's Time to make your Defence In doing this, you and your Witnesses will be heard with the greatest Attention and Equity.

"But your Lordship must take Notice, that your Counsel are not to examine or cross-examine any Witnesses, not to give you any Assistance while Matter of Fact only is in Question, but if any Point or Matter of Law shall arise, during this Proceeding, they will, according to the known Rules in such Cases, be heard to it in your Behalf, and for that Purpose are permitted to be present whilst your Lordship is at the Bar.

"The Witnesses produced in your Defence must be examined upon Oath, pursuant to a very just and wise Provision made by an Act of Parliament in the First Year of the late Queen Anne, and according to the Form established by their Lordships in former Cases of Impeachments.

"By Command of their Lordships, I am further to acquaint you, and all other Persons who shall have Occasion to speak to this Court, that they are to address themselves to the Lords in general, and not to any Lord in particular.

"Before I Conclude, I must beg the Indulgence of the House, to add One Thing more. If your Lordship shall desire to have the Use of Pen, Ink, and Paper, to take Notes, in order to your Defence, I presume, it will be permitted, and if, in the Course of your Trial, you should happen to omit any Advantage, which in Law and Justice ought to be allowed to you for your Defence, such is the Candour of my Lords your Judges, that, I trust, I shall meet with their Approbation in giving you Notice of it."

Which being ended, the Lord High Steward, with the Consent of the Court, went down to the Table, for the better hearing of what should be said during the Trial.

And Proclamation being again made for Silence;

The Lord High Steward said,

"Gentlemen of the House of Commons,

"You'll be pleased now to proceed."

Then Sir William Yonge, One of the Managers for the Commons, opened the Charge against the Lord Lovat.

The Lord Coke and Mr Attorney General were next severally heard, on the same Occasion, in Maintenance of the said Charge.

And the Managers for the Commons having done.

The Prisoner complained to the Court of his Infirmities and Defects, as Blindness and Deafness, and therefore desired, "His Counsel or Solicitors might be allowed Liberty to cross-examine the Witnesses, without which, he said, he conceived it would be impossible for him to make his Defence"

Whereupon the Lord High Steward acquainted him, That, by the known Rule of Law, his Request could not be granted, but he might be assisted by the Notes taken by the Counsel or Solicitors."

And the Managers for the Commons then objecting to the Prisoner's Request, as it not being in then Power to grant them without reforting back to their House.

They were directed to proceed in their Evidence, who produced.

Robert Chevis of Murtoun Esquire, in order to be examined as a Witness.

The Prisoner objected thereto, alleging, "As he was his Tenant, he could not be admitted a Witness against him," and desired the Act 1^o Georgii 1^mi, re lating to Vassals, Cap. 1. might be read, which was in Part accordingly done And the Witness, being sworn upon a Voir d re, was examined as to his Tenure, and insisted, "He held of the Crown, and not of the Prisoner, and could reap no Benefit by his Conviction"

Which done, he was sworn in Chief, and examined as to what he knew of the Prisoner's Conduct about public Affairs, relating to the late Rebellion.

And, being cross examined by the Prisoner, was directed to withdraw.

Next, Robert Fraser, the Lord Lovat's Secretary, was produced, sworn, and examined upon a Voir dire

His Lordship having objected to his Evidence, as holding a Tack of Land of him, which he offering to prove, was admitted so to do, but had no Witnesses to produce for that Purpose And the said Fraser, denying any such Tenure, and being sworn in Chief, was examined as to his Knowledge of the Prisoner's Conduct, with relation to the late Rebellion, his requiring his Son to excite the Clan, or Heads of the Frasers, to assist therein, the Prisoner's Transaction personally with the Pretender's Son, and of his receiving any Patent of Honour, or Commission, from the Pretender, and of the Prisoner's being taken after the Battle of Culloden

And the Prisoner declining to cross-examine the said Witness.

The House was moved, "To adjourn to the Chamber of Parliament."

Whither they adjourned accordingly.

And being there resumed.

The Trial to be further proceeded in.

Ordered, That this House will proceed further in the Trial of the said Lord Lovat, in Westminster Hall, To-morrow, at Eleven o'Clock in the Forenoon.

Message to H. C to acquaint them with it.

And a Message was sent to the House of Commons, by Mr Elde and Mr Thurston, to acquaint them therewith.

Ordered, That the Lieutenant of The Tower of London, or his Deputy, do take back the said Lord Lovat, and bring him again to the Bar of this House, in Westminster Hall, To-morrow, at Eleven o'Clock in in the Forenoor.

Adjourn.

Dominus Summus Senescallus declaravit præsens Parliamentum continuandum esse usque & ad in diem Martis, decimum diem instantis Martii, hora decima Auroræ, Dominis sic decernentibus.

DIE Martis, 10^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

I Byron's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for settling the Estates of William Lord Byron and Elizabeth Shaw Spinster, an Infant, on their Intermarriage."

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

It was Resolved in the Affirmative.

Burton's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Estates of Doctor Simon Burton, deceased, in the Counties of Wilts and Southampton, in Trustees, to raise Money, for the Payment of several Debts and Encumbrances, and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H C with the preceding Bills.

A Message was sent to the House of Commons, by Mr Elde and Mr Thurston

To carry down the said Bills, and desire their Concurrence to them.

Mutiny Bill.

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

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

L Lovat s Trial.

The Order of the Day being read, for proceeding further in the Trial of Simon Lord Lovat, upon the Articles of Impeachment of High Treason, exhibited against him by the House of Commons.

The Lords were called over by the Clerk, Garter King at Arms, at the Table, marking those that were present by his List.

The House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as Yesterday.

And, the Lords being there seated, Leave was asked, and given, for the Judges to be covered.

Proclamation was then made, for keeping Silence.

Also another, for bringing the Prisoner to the Bar.

Who, being brought accordingly, kneeled until he was acquainted by the Lord High Steward he might rise.

Then the Managers for the House of Commons were directed to proceed in their Evidence, who called John Murray of Broughton, in order to be sworn as an Evidence accordingly.

The Prisoner objected to his being a Witness, as having been attainted by Act of Parliament the last Session.

Whereupon the Act for attainting the Earl of Kellie and divers others, if they did not render themselves to Justice by a certain Day, was read by the Clerk, at the Table.

Which done; the Managers for the House of Commons were acquainted, "They might be heard to the Prisoner's Objection"

Accordingly, Mr Attorney General was heard, and insisted, "That the Condition was complied with by the said Murray's Surrender, as appeared upon a Record of the Court of King's Bench," which he desired might be read.

The same was objected to by the Prisoner.

Who desired his Counsel might be heard thereupon, before any further Proceeding should be had.

Accordingly Mr Forester, Mr. Ford, and Mr. Hamilton, were all heard.

Which done, Mr. Attorney General, Sir John Strange, Mr. Solicitor General, Mr. Noel, and Sir Richard Lloyd, Managers for the House of Commons, were heard, in Answer to the Prisoner's Objection.

And Mr. Forester being heard, by Way of Reply,

And some of the said Managers by Way of Rejoinder.

The House was moved, "To adjourn to the Chamber of Parliament."

And, adjourning accordingly, the Lords and others returned in the same Order they went down.

And the House being there resumed.

After Debate,

It was agreed, "That the Mangers for the Commons be admitted to prove, and give in Evidence, the Record of the Proceedings in the Court of King's Bench, upon the Certiorart, whereby the Act of the last Session of Parliament, for attainting John Murray of Broughton and others, unless they surrendered themselves by a certain Day therein mentioned, was removed before that Court."

Ordered, That the said Resolution be communicated to the Commons, by the Lord High Steward.

Then the House was again adjourned into Westm'r Hall.

And, being there resumed,

The Lord High Steward acquainted the Managers for the Commons with what the House had determined.

Whereupon the said Record was read, by the Clerk.

Which done, the Prisoner desired Liberty to falsify the said Record, by Evidence to be by him produced.

Which being objected to by the Managers.

The House was moved, "To adjourn to the Chamber of Parliament"

And, being there resumed.

After Debate,

It was agreed, "That the Counsel for the Lord Lovat be not admitted to argue, that Parole Evidence should be received, to prove that John Murray of Broughton did not surrender himself according to the Act of Parliament, in Contradiction to the Record of the Court of King's Bench, given in Evidence by the Managers for the Commons."

Ordered, That this Determination be communicated to the Prisoner by the Lord High Steward.

Ordered, That this House will proceed further in the Trial of the said Lord Lovat To-morrow, at Eleven of the Clock in the Forenoon.

Message to H C to acquaint there with it.

A Message was sent to the House of Commons, by Mr Elde and Mr Thurston, to acquaint them therewith.

Ordered, That the Lieutenant of The Tower of London, or his Deputy, do take back the said Lord Lovat, and bring him again to the Bar of this House, in Westm'r Hall, at Eleven of the Clock in the Forenoon, To-morrow.

High constable to attend, about clearing the Streets.

Complaint was made to the House, "That the Lords were obstructed Yesterday, in the Evening, in their Return Home, by Care not being duly taken in clearing the Streets."

Ordered, That the High Constable of the City of Westm'r do attend this House To-morrow, at Ten of the Clock.

Adjourn.

Dominus Summus Senescallus declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurn, undecimum diem instantis Martii, hora decima Auroræ, Dominis sic decernentibus.