House of Lords Journal Volume 30: January 1762

January 1762

DIE Martis, 19^o Januarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gordon against Ogilvy.

The Answer of Grizel Ogilvie, to the Appeal of John Gordon of Auchanachy Esquire and his Trustee, was this Day brought in:

Brereton against Brereton.

As was also, the Answer of Edward Brereton of Carlow, to the Appeal of Edward Brereton of Springmount Esquire.

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:

Edward Duke of Somerset.

Evelyn Duke of Kingston.

Charles Marquis of Rockingham.

Henry Earl of Pembroke and Montgomery.

Basil Earl of Denbigh.

Other Lewis Earl of Plimouth.

John Earl of Loudoun.

John Earl of Breadalbane.

William Earl of Strafford.

William Earl of Dartmouth.

Heneage Earl of Aylesford.

John Earl of Portsmouth.

David Viscount Stormont.

Philip Lord Bishop of Norwich.

Anthony Lord Feversham.

E. of Bute against Earl Gower & al.

Ordered, That the Hearing of the Cause wherein John Earl of Bute is Appellant, and Granville Earl Gower and Sir Mathew Lamb Baronet, and others, are Respondents, which stands appointed for Friday next, be put off to Wednesday the 27th Instant.

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;

His Majesty was pleased to speak as follows; (videlicet).

My Lords, and Gentlemen,

His Majesty's Speech, concerning a War with Spain.

"I have so often assured you of My sincere Disposition to put an End to the Calamities of War, and to restore the Publick Tranquillity on solid and lasting Foundations, that no impartial Person, either at Home or Abroad, can suspect Me of unnecessarily kindling a new War in Europe. But it is with Concern I acquaint you, that, since your Recess, I have found Myself indispensably obliged to declare War against Spain. The Causes are set forth in My Publick Declaration on this Occasion; and therefore I shall not detain you with a Repetition of them. My own Conduct since My Accession to the Throne, as well as that of the late King My Royal Grandfather, towards Spain, has been so full of Good-will and Friendship, so averse to the laying Hold of several just Grounds of Complaint, which might have been alleged, and so attentive to the Advantages of the Catholick King and His Family, that it was Matter of the greatest Surprize to Me, to find that Engagements had, in this Conjuncture, been entered into between that Crown and France, and a Treaty made to unite all the Branches of the House of Bourbon in the most ambitious and dangerous Designs, against the Commerce and Independency of the rest of Europe, and particularly of My Kingdoms.

"Whatever Colours may be endeavoured to be put upon these injurious Proceedings of the Court of Madrid, I have nothing to reproach Myself with; and though I have left nothing untired, that could have prevented this Rupture, I have thought it necessary to prepare against every Event.

"I therefore rely on the Divine Blessing on the Justice of My Cause, the zealous and powerful Assistance of My faithful Subjects, and the Concurrence of My Allies, who must find themselves involved in the pernicious and extensive Projects of My Enemies.

"I leave these Considerations with you; full of the justest Confidence, that the Honour of My Crown, and the Interests of My Kingdoms, are safe in your Hands."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

The Lord Chancellor reported His Majesty's Speech.

And the same being read by the Clerk:

Order for an Address thereupon:

Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Speech from the Throne:

"To express our thorough Conviction, that His Majesty's Paternal Love of His People, and the Greatness and Goodness of His Royal Mind, have made Him most sincerely desirous to put an End to the Calamities of War, and to avoid the extending of it; and to declare our Surprize and Indignation at the injurious and unprovoked Proceedings of the Court of Spain, so inconsistent with their solemn and repeated Professions of Amity, and so contrary to their Treaties actually subsisting, and the true Interest, not only of these Kingdoms, but also of that Nation.

"Thankfully to acknowledge His Majesty's Wisdom and Vigilance, in taking Care to be prepared against every Event; at the same Time that He left nothing untried to prevent a Rupture.

"To assure His Majesty of the just Sense we have of the ambitious, dangerous, and extensive, Designs of the new Union formed between the several Branches of the House of Bourbon; and that this House, though far from any Views of encroaching upon or injuring any of our Neighbours, will, with the utmost Zeal and Ardour, support His Majesty in repelling and suppressing the pernicious Effects of this Union, and stand by and assist His Majesty, with the greatest Chearfulness and Vigour, in prosecuting the War, until just and honourable Conditions of Peace can be obtained."

The Lords following were appointed a Committee, to draw an Address, pursuant to the said Order; and report to the House; (videlicet,)

Their Lordships, or any Five of them; to meet immediately, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure; and the Committee withdrew, to prepare the Address.

After some Time, the House was resumed.

Address reported.

And the Lord Hay reported from the Committee, an Address prepared by them, pursuant to the foregoing Order.

And the same, being read by the Clerk, was agreed to by the House, and is as follows; (videlicet,)

"Most Gracious Sovereign,

"We, Your Majesty's most Dutiful and Loyal Subjects, the Lords Spiritual and Temporal, in Parliament assembled, beg Leave to return Your Majesty our humble Thanks, for Your most Gracious Speech from the Throne.

"We have had so many Proofs of Your Majesty's Paternal Love of Your People, and of the Goodness and true Greatness which inspire Your Royal Breast, that we are fully convinced of Your Majesty's sincere Desire to put an End to the Calamities of War; and that Your Majesty has left nothing untried, in order to avoid, if possible, the Necessity of extending it: We cannot, therefore, but express the utmost Surprize and Indignation at the injurious and unprovoked Proceedings of the Court of Spain, which have rendered ineffectual Your Majesty's salutary Endeavours; and particularly at the late Engagements entered into between that Crown and France, so inconsistent with their solemn and repeated Professions of Amity, so contrary to the Treaties actually subsisting between Your Majesty and the Catholick King, and so prejudicial, not only to the true Interest of these Kingdoms, but also of the Spanish Nation itself.

"With Hearts full of Gratitude, we acknowledge Your Majesty's Wisdom and Vigilance for the Security of Your People, in taking effectual Care, at the same Time that the preventing of a Rupture was the great Object of Your Majesty's Attention, to be prepared, however, and ready for every Event.

"Animated with the warmest Zeal for the Defence of the Honour of Your Majesty's Crown, and the undoubted Rights of Your People, though free from any View of encroaching on those of other Nations; we have a lively Sense of the Dangers which threaten Your Majesty's Kingdoms, as well as the Commerce and Independency of the rest of Europe, from the ambitious and extensive Designs of the Confederacy now formed between the several Branches of the House of Bourbon: And we beseech Your Majesty to accept the strongest and most affectionate Assurances, that we will, with the utmost Ardour, assist and support Your Majesty in repelling and suppressing the pernicious Effects, so greatly to be apprehended from this Union; and that we will readily concur in such Measures, as may enable Your Majesty to prosecute the War with Vigour, until just and honourable Conditions of Peace can be obtained."

Ordered, That the said Address be presented to His Majesty by the whole House.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know when His Majesty will please to be attended therewith.

Minutes of Elections of Scots Peers, delivered.

The Earl of Hardwicke acquainted the House, "That the Earl of Morton, Lord Clerk Register of Scotland, not being able to attend the House, by reason of his ill State of Health, had desired him to lay before the House, pursuant to their Lordships Order of the 14th of December last."

"Copy of the Minutes of the Election of the Sixteen Peers for Scotland, 5th May, 1761."

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

And his Lordship delivered in the same accordingly.

And the Titles thereof being read by the Clerk:

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

Waite's Guardians Petition referred to Judges.

Upon reading the Petition of the Reverend William Hartopp Clerk, and Francis Ellaby Gentleman, on the Behalf of Thomas Waite an Infant, for whom they are Guardians; praying Leave to bring in a Bill, for Sale of the Estate of the said Infant, in the Parish of Raynham, in the County of Essex, for Payment of Debts, and discharging Encumbrances affecting the same; and for other Purposes therein mentioned:

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

Ward against Browne:

The House being informed, "That Dominick Roche attended, with Copies of Pleadings and Proceedings relating to a Cause depending in this House, wherein James Ward is Appellant, and Thomas Browne and others are Respondents:"

Pleadings proved.

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

And then he withdrew.

Adjourn.

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

DIE Mercurii, 20^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Kinnaird against Hunter.

Upon reading the Petition and Appeal of Charles Lord Kinnaird; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 26th of November, and 16th of December, 1761; and praying, "That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises, as to this House in their Lordships great Wisdom shall seem just; and that James Hunter, Tenant in Inchture, may be required to answer the said Appeal:"

It is Ordered, That the said James Hunter may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Wednesday the 17th Day of February next; and Service of this Order upon his known Counsel or Agents in the Court of Session in Scotland shall be deemed good Service.

King against Sir Edw. King:

Upon reading the Petition of Henry King Esquire, Appellant in a Cause depending in this House, wherein Sir Edward King Baronet is Respondent; praying, "In regard the Petitioner and the Respondent his Brother have most happily accommodated all Matters in Difference between them, that he may be at Liberty to withdraw his said Appeal; the Respondent's Agent having signed the said Petition, as consenting thereto:"

Appeal withdrawn.

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

Respondents peremptorily to answer Ward's Appeal.

The House was informed, "That Thomas Browne and others, Respondents to the Appeal of James Ward, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon, an Affidavit of Dominick Roche of the City of Dublin Gentleman, of the due Service of the said Order, being read:

It is Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily, in a Week.

Davys against Howard; Hamilton against E. Clanrickard; and Baker & al. against Lightburne & al.;

The House being informed, "That Thomas Coffy attended, in order to deliver in Copies of Pleadings and Proceedings relating to Three Causes depending in this House; in one of which, Charles Davys Esquire is Appellant, and Michael Howard and his Wife are Respondents; in another, Robert Hamilton is Appellant, and the Earl of Clanrickard is Respondent; and in the Third, Anderson Baker and others are Appellants, and Stafford Lightburne and others are Respondents:"

Pleadings proved.

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

And then he was directed to withdraw.

His Majesty to be attended with Address.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) waited on (fn. 1) His Majesty, humbly to know what Time He would please to be attended with their Lordships Address; and that His Majesty was pleased to appoint this Day, at Two o'Clock, at His Palace of St. James."

Baker & al. against Lightburne & al.

Ordered, That the Hearing of the Cause wherein Anderson Baker and others are Appellants, and Stafford Lightburne and others Respondents, which stands appointed for Monday next, be put off to the Friday following.

Adjourn.

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

DIE Veneris, 22^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker, by virtue of a former Commission.

The King's Answer to Address reported.

The Lord Mansfield reported, "That the House did, on Wednesday last, present their Address to His Majesty; to which His Majesty was pleased to return the following most Gracious Answer:

"My Lords,

"I return You My hearty Thanks for this Address. The affectionate Assurances you give Me, of your Support and Assistance in the vigorous Prosecution of this necessary War, are very agreeable to Me; and cannot fail of producing the most salutary Effects."

Ordered, That the said Address and Answer be forthwith printed and published.

E. of Egremont's Bill: Motion to dispense with the Standing Order.

The House was moved, "That the Standing Order of this House, in relation to Bills for selling Lands in one Place, and buying Lands in another, may be so far dispensed with, as that the Committee to whom the Bill, intituled, "An Act for Sale of certain Lands, Tenements, and Hereditaments, in the Parishes of Witham, Frary, 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," may proceed upon the said Bill, though there is not an Agreement yet made for the Purchase of another Estate, to be settled in Lieu of that to be sold, as required by the said Order."

Ordered, That the said Motion be taken into Consideration on Wednesday next; and the Lords to be summoned.

Wilson to enter into a Recognizance on Ld. Kinnaird's Appeal.

The House being moved, "That John Wilson of The Middle Temple London may be permitted to enter into a Recognizance for Charles Lord Kinnaird, on account of his Appeal depending in this House; he living in Scotland:"

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

Adjourn.

Dominus Mansfield, Primus Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum septimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 27^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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.

William Lord Bishop of Gloucester.

John Lord Bishop of Lincoln.

Thomas Lord Bishop of Bristol.

Edward Lord Wentworth.

To charge Annuities on the Sinking Fund, Bill.

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

With a Bill, intituled, "An Act for charging certain Annuities granted in the Year One Thousand Seven Hundred and Sixty, on the Sinking Fund; and for carrying the Duties therein mentioned to the said Fund; and for making forth Duplicates of Exchequer Bills, Tickets, Certificates, Receipts, Annuity Orders, and other Orders, lost, burnt, or otherwise destroyed;" to which they desire the Concurrence of this House.

Phillimore's Bill.

The Lord Delamer reported from the Lords Committees to whom the Bill, 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," 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."

Ordered, That the said Bill be engrossed.

Minutes of Elections of Scots Peers read;

The Copy of the Minutes of the Election of the Sixteen Peers for Scotland, on the 5th of May 1761, was in Part read.

And it appearing thereby, "That a Person taking upon himself the Title of Earl of Monteith was present, and voted at the said Election:"

Graham, styling himself E. of Monteith, to attend.

Ordered, That William Graham, taking upon himself the Title of Earl of Monteith, do attend the Lords Committees for Privileges, appointed to consider of, and make up, a List of the Peers of Scotland at the Time of the Union, whose Peerages are still continuing, by himself or some Person properly authorized for him, on Monday the First Day of March next, to shew by what Authority, and upon what Grounds, he takes upon himself the said Title; and that the Lord Clerk Register of Scotland do cause a Copy of this Order to be affixed upon the Gate of the Palace of Holyrood House, and also upon the Doors of the Parliament House in Edinburgh.

Bp. Landaff to preach on the Fast-day.

Ordered, That the Lord Bishop of Landaff be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Friday the 12th Day of March next; being appointed, by His Majesty's Royal Proclamation, to be observed as a general Fast.

E. of Egremont & al. Bill:

The Order of the Day was read, for taking into Consideration the Motion made on Friday last, for dispensing with the Standing Order, in relation to Bills for selling Lands in one Place, and buying Lands in another, so far as that the Committee to whom the Bill, intituled, "An Act for Sale of certain Lands, Tenements, and Hereditaments, in the Parishes of Witham, Frary, 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," stands committed, may proceed on the said Bill, notwithstanding there is not an actual Agreement yet made for the Purchase of other Lands, to be settled in Lieu of those to be sold, as required by the said Order.

And Consideration being had thereof accordingly:

Standing Order dispensed with.

Ordered, That the said Standing Order be dispensed with in this Case; and that the Committee upon the said Bill be revived; and meet To-morrow.

Peerage of the E. of Cassillis; Report of Committee Privileges:

The Lord Willoughby of Parham reported from the Lords Committees for Privileges, to whom it was referred to consider of the Petition of William Earl of March and Ruglen, claiming the Titles and Honours of Earl of Cassillis and Lord Kennedy; and also the Petition of Sir Thomas Kennedy of Colzean Baronet, claiming the same Titles and Honours; with His Majesty's Reference thereof to this House: "That the Committee had met, and considered the Matter to them referred; and have heard Counsel for the Petitioners, upon their respective Claims; and, after Debate, and full Consideration had of what was offered and produced in Evidence by the Counsel on either Side, their Lordships are of Opinion, that the Petitioner Sir Thomas Kennedy hath a Right and Title to the Honour and Dignity of Earl of Cassillis, as Heir Male of the Body of David the First Earl of Cassillis; and that he hath also a Right and Title to the Honour and Dignity of Lord Kennedy, as Heir Male of the Body of Gilbert the First Lord Kennedy."

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

Resolution that Sir T. Kennedy has a Right to the Title.

Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner Sir Thomas Kennedy hath a Right and Title to the Honour and Dignity of Earl of Cassillis, as Heir Male of the Body of David the First Earl of Cassillis; and that he hath also a Right and Title to the Honour and Dignity of Lord Kennedy, as Heir Male of the Body of Gilbert the First Lord Kennedy.

Ordered, That the said Resolution and Judgement be laid before His Majesty, by the Lords with White Staves.

E. of Bute against Earl Gower & al.

After hearing Counsel in Part, in the Cause wherein John Earl of Bute is Appellant, and Granville Levison Earl Gower and Sir Mathew Lamb Baronet and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Respondents peremptorily to answer Plunkett's Appeal.

The House was informed, "That Arthur Plunkett, John Knox, William Knox, Roger Palmer, and Josiah Richardson, Respondents to the Appeal of James Plunkett Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of John Dowdall of the City of Dublin Gentleman, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily, in a Week.

Respondents peremptorily to answer Davys's Appeal.

The House was also informed, "That Michael Howard and Alice his Wife, Respondents to the Appeal of Charles Davys Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Charles Gillespie of the City of Dublin Gentleman, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily, in a Week.

Respondent peremptorily to answer Hamilton's Appeal.

The House was also informed, "That Smith Earl of Clanrickard, Respondent to the Appeal of Robert Hamilton Gentleman, 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 John Burke of the City of Dublin Gentleman, 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.

Respondent peremptorily to answer Hamilton's amended Appeal.

The House was also informed, "That Peter Kilkenny, Respondent to the amended Appeal of the said Robert Hamilton, 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 John Lynch of the City of Dublin, of the due Service of the said Order, being read:

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

Ld. Bolingbroke's Pet. referred to Judges.

Upon reading the Petition of Frederick Viscount Bolingbroke, for himself and on the Behalf of George St. John his only Son, and of John St. John his Youngest Brother, both Infants, and also of Henry St. John Esquire, the other Brother of the said Frederick Viscount Bolingbroke; praying Leave to bring in a Bill, for discharging certain Estates in Kent and Surry, from the Uses and Trusts of a former Act of Parliament; and for re-settling the same upon the same Uses and Trusts to which they respectively stood limited before the passing of the said Act:

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.

Mellish's Petition referred to Judges.

Upon reading the Petition of William Mellish, Charles Mellish, and Joseph Mellish, Esquires; praying Leave to bring in a Bill, for Sale of certain Estates therein mentioned, entailed by the Will of Edward Mellish Esquire, deceased; and for laying out the Money arising thereby in the Purchase of other Lands and Hereditaments, to be settled and entailed in like Manner, in Lieu thereof:

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

Adjourn.

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

DIE Jovis, 28^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Egremont & al. Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of certain Lands, Tenements, and Hereditaments, in the Parishes of Witham, Frary, 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," 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."

Ordered, That the said Bill be engrossed.

E. of Harrington & Ux. Petition referred to Judges.

Upon reading the Petition of William Earl of Harrington and Caroline Countess of Harrington his Wife, for themselves and on the Behalf of their Six Younger Infant Children, Lady Carolina Stanhope, Lady Isabella Stanhope, Lady Amelia Stanhope, Lady Henrietta Stanhope, the Honourable Henry Fitz Roy Stanhope, and Lady Anna Maria Stanhope; praying Leave to bring in a Bill, for rectifying a Mistake in the Name of One of the Trustees in the Settlement made upon the Petitioner's Intermarriage:

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

Phillimore's Bill:

Hodie 3^a 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."

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. Bennett and Mr. Edwards:

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

Sunderland against Rawlinson:

Upon reading the Petition of William Rawlinson, Defendant in a Writ of Error depending in this House, wherein John Sunderland is Plaintiff; praying, "In regard the said Writ of Error is brought merely for Delay, and that the Plaintiff hath not assigned Errors within the Time limited by the Standing Order of this House for that Purpose; that the same may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

Writ of Error Non pros'd, with Costs.

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

Boyd, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Boyd Esquire; 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 vesting a Rent Charge in Fee Simple in Trustees, for the Benefit of certain poor Families, described in the Will of John Styleman, deceased, in Lieu of a Moiety of certain Lands and Hereditaments devised by the same Will, for the Benefit of the said poor Families; and for vesting the said Moiety in Fee Simple in John Boyd Esquire and his Heirs."

Annuities, 1760, to charge on the Sinking Fund, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for charging certain Annuities granted in the Year One Thousand Seven Hundred and Sixty on the Sinking Fund; and for carrying the Duties therein mentioned to the said Fund; and for making forth Duplicates of Exchequer Bills, Tickets, Certificates, Receipts, Annuity Orders, and other Orders, lost, burnt, or otherwise destroyed."

E. of Bute against Earl Gower & al.:

After hearing Counsel, as well Yesterday as this Day, upon 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 1761; and praying, "That the same might be reversed; and that this House would be pleased to grant the Appellant such other Relief as to their Lordships in their great Wisdom should seem meet:" As also upon the Answer of the Honourable James Archibald Stuart, an Infant, by the Right Honourable George Lord Melcombe his Guardian, and the Answer of Edward Wortley Esquire, and likewise the Answer of the Right Honourable Granville Levison Earl Gower and Sir Mathew Lamb Baronet, put in to the said Appeal; and due Consideration had of what was offered on both Sides 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.

Baker & al. against Lightburne & al.

Ordered, That the Cause wherein Anderson Baker is Appellant, and Stafford (fn. 2) Lightburne Clerk and others are Respondents, which stands for hearing To-morrow, be put off till Wednesday next.

Adjourn.

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

DIE Veneris, 29^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day Richard Earl of Scarbrough and Richard Lord Bishop of Carlisle took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Elvaston and Thulston Common, Bill.

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

With a Bill, intituled, "An Act for establishing and confirming certain Articles of Agreement, for dividing and enclosing several Common Fields, Meadows, and Pastures, in the Townships of Elvaston and Thulston, in the County of Derby;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

E. of Egremont's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of certain Lands, Tenements, and Hereditaments, in the Parishes of Witham, Frary, 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."

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. Montague and Mr. Lane:

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

Annuities, 1760, to charge on the Sinking Fund, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for charging certain Annuities, granted in the Year One Thousand Seven Hundred and Sixty, on the Sinking Fund; and for carrying the Duties therein mentioned to the said Fund; and for making forth Duplicates of Exchequer Bills, Tickets, Certificates, Receipts, Annuity Orders, and other Orders, lost, burnt, or otherwise destroyed."

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 Wednesday next.

Ord's Pet. referred to Judges.

Upon reading the Petition of Ann Ord Widow, in Behalf of herself and John Ord and Craven Ord her Infant Sons, by Henry Ord her late Husband, deceased; praying Leave to bring in a Bill, for Sale of a settled Estate at Igborough, in the County of Norfolk; and for laying out the Money arising thereby in the Purchase of another Estate, to be settled to the same Uses, in Lieu thereof:

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.

D. of Hamilton's Claim to the Earldom of Angus.

The Earl of Bute (by His Majesty's Command) presented to the House a Petition of George James Duke of Hamilton and Brandon to His Majesty, claiming the Honour and Dignity of Earl of Angus; 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 George James Duke of Hamilton and Brandon;

"Sheweth,

"That, on the Death of Archibald late Duke of Douglass, Your Petitioner became entitled to the Honour and Dignity of Earl of Angus; notwithstanding which Dunbar Earl of Selkirk and Archibald Stewart Esquire claim Title thereto.

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

"And Your Petitioner shall ever pray, &c.

"Hamilton & Brandon."

"St. James's, January 8th, 1762.

"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 herein 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.

Fleming's Claim to the Earldom of Wigtoun.

The Earl of Bute also (by His Majesty's Command) presented to the House a Petition of Charles Ross Fleming, claiming the Title and Dignity of Earl of Wigtoun; and His Majesty's Reference thereof to this House.

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

"To the King's Most Excellent Majesty.

"The humble Petition of Charles Ross Fleming, claiming the Title and Dignity of Earl of Wigtoun;

"Sheweth,

"That, in the Year 1606, John Lord Fleming obtained, by Patent from King James the Sixth, the Title and Dignity of Earl of Wigtoun, descendable to the Heirs Male of his Body.

"That the said Dignity descended lineally in the Male Line to Charles Earl of Wigtoun, lately deceased, who left no Issue.

"That, the Petitioner being the nearest Heir Male now existing, descended of the Body of John the First Earl of Wigtoun, he most humbly apprehends he is entitled to the said Dignity.

"The Petitioner therefore most humbly prays, that the said Title and Dignity of Earl of Wigtoun and Lord Fleming may be declared to belong to him and to the Heirs Male of his Body.

"And the Petitioner shall ever pray, &c.

"Charles Ross Fleming."

"St. James, January 27th, 1762.

"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.

Borthwick's Claim to the Barony of Borthwick.

The Earl of Bute also (by His Majesty's Command) presented to the House a Petition of Henry Borthwick, claiming the Title and Dignity of Lord Borthwick; and His Majesty's Reference thereof to this House.

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

"To the King's Most Excellent Majesty.

"The humble Petition of Henry Borthwick, claiming the Title and Dignity of Lord Borthwick;

"Sheweth,

"That it appears, from ancient Writings, and from the Records and most authentick History of Scotland, that Sir William Borthwick was created Lord Borthwick between the Year 1424 and 1430, long before any Patents of Honour were in Use; and as, by the Law of Scotland, these ancient Peerages have been considered as Male Fiess, descending to the Heirs Male of the Person first enobled; so this Title of Honour descended lineally from Father to Son to John the Ninth Lord Borthwick; who dying without Issue, in the Year 1672, the Title thereby devolved on the Heir Male of Alexander Borthwick of Nenthorn, who was Second Son of William the Third Lord Borthwick.

"That it will appear, by the most indisputable Evidence, that the Petitioner is the nearest and lawful Heir Male of the said John the Ninth Lord Borthwick, descended of the said Alexander Borthwick of Nenthorn, the Second Son of William the Third Lord Borthwick, who was Grandson of the Person first enobled; and as such is entitled to the said Dignity.

"The Petitioner therefore most humbly prays, that the Title and Dignity of Lord Borthwick may be declared to belong to the Petitioner and his Heirs Male.

"And your Petitioner shall ever pray, &c.

"Henry Borthwick."

"St. James's, January 27th, 1762.

"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; and that their Lordships do meet, to take the same into Consideration, on Monday the First Day of March next; and that Notice thereof be given to His Majesty's Attorney General and His Majesty's Advocate for Scotland.

Papers relating to the Rupture with Spain delivered.

The Earl of Egremont (by His Majesty's Command) presented to the House, Extracts and Copies of Letters, and other Papers, relating to the late Rupture with Spain; with a List thereof.

Which was read; as follows:

"1. Extract of a Letter from Mr. Pitt to the Earl of Bristol, dated July 28th, 1761; enclosing,

"Copy of a Memorial relating to Spain, delivered to Mr. Pitt by M. de Bussy, July 23d, 1761; and Translation.

"Copy of a Letter from Mr. Pitt to M. de Bussy; dated July 24th, 1761; and Translation."

"2. Extract of a Letter from the Earl of Bristol to Mr. Pitt, dated Segovia, August 31st, 1761; received September 11th; enclosing,

"Paper marked A. and Translation.

"Paper marked B. (Copy.)

"Translation of a Paper delivered to the Earl of Bristol, by General Wall, at St. Ildephonso, August 28th, 1761, marked C."

"3. Copy of a Letter from the Earl of Bristol to Mr. Pitt, dated Segovia, September 14th, 1761; received October 5th."

"4. Copy of a Letter from the Earl of Bristol to Mr. Pitt, dated Segovia, September 21st, 1761; received October 16th."

"5. Copy of a Letter from the Earl of Bristol to Mr. Pitt, dated Segovia, September 28th, 1761; received October 20th."

"6. Copy of a Letter from the Earl of Bristol to Mr. Pitt, dated Segovia, October 5th, 1761; received October 27th."

"7. Copy of a most Secret Letter from the Earl of Egremont to the Earl of Bristol, dated October 28th, 1761."

"8. Copy of a Letter from the Earl of Egremont to the Earl of Bristol, dated October 28th, 1761; Secret and Confidential."

"9. Copy of a Letter from the Earl of Egremont to the Earl of Bristol, dated October 28th, 1761; Separate and Secret."

"10. Copy of a Letter from the Earl of Bristol to Mr. Pitt, dated Escurial, October 12th, 1761; received November 8th."

"11. Copy of a Letter from the Earl of Bristol to the Earl of Egremont, dated Escurial, November 2d, 1761; received November 14th."

"12. Copy of a Letter from the Earl of Egremont to the Earl of Bristol, dated November 19th, 1761."

"13. Copy of a Letter from the Earl of Egremont to the Earl of Bristol, dated November 19th, 1761; most Secret."

"14. Copy of a Letter from the Earl of Egremont to the Earl of Bristol, dated November 19th, 1761; Separate and Secret."

"15. Copy of a Letter from the Earl of Bristol to the Earl of Egremont, dated Escurial, November 9th, 1761; received December 3d."

"16. Copy of a Letter from the Earl of Bristol to the Earl of Egremont, dated Madrid, November 16th, 1761; received December 8th."

"17. Copy of a Letter from the Earl of Bristol to the Earl of Egremont, dated Madrid, November 23d, 1761; received December 14th."

"18. Copy of a Paper delivered by the Count de Fuentes to the Earl of Egremont, December 21st, 1761; and Translation."

"19. Copy of a Letter from the Earl of Egremont to the Earl of Bristol, dated December 22d, 1761."

"20. Copy of a Letter from the Earl of Bristol to the Earl of Egremont, dated Madrid, December 11th, 1761; received December 24th; enclosing,

"Paper, given 6th December, 1761, (Copy,) marked A.

"Paper, given 8th December, 1761, (Copy,) marked B.

"General Wall, Buen Retiro, 10th December, 1761, (Copy,) marked C.

"General Wall, Buen Retiro, 10th December, 1761, (Translation,) marked D.

"Private; General Wall, Buen Retiro, 10th December 1761; and Translation."

"21. Copy of a Letter from the Earl of Bristol to the Earl of Egremont, dated Madrid, November 30th, 1761; received December 25th."

"22. Copy of a Note delivered to the Earl of Egremont by the Count de Fuentes, December 25th, 1761; and Translation."

"23. Copy of a Letter from the Earl of Bristol to the Earl of Egremont, dated Madrid, December 7th, 1761; received December 29th."

"24. Copy of the Answer delivered to the Count de Fuentes, by the Earl of Egremont, December 31st, 1761; and Translation."

"25. Copy of a Letter from the Earl of Bristol to the Earl of Egremont, most Secret; dated Madrid, December 6th, 1761; received January 9th, 1762.

"26. Copy of a Letter from the Earl of Bristol to the Earl of Egremont, Secret and Confidential; dated Madrid, December 6th, 1761; received January 9th, 1762; enclosing,

"Paper delivered 18th November, 1761; (Copy,) marked A. and Translation.

"Paper received 3d December, 1761, (Copy,) marked B.

"Paper received 3d December, 1761, (Translation,) marked C."

"27. Extract of a Letter from the Earl of Bristol to the Earl of Egremont, dated Madrid, 7th, 9th, and 11th December 1761; received January 9th, 1762; enclosing,

"Paper given 6th December, 1761, marked A.

"Paper given 8th December, 1761, marked B.

"General Wall, B. Retiro, 10th December, 1761, marked (1).

"General Wall, B. Retiro, 10th December, 1761, marked (2); Translation.

"General Wall, Madrid, 10th December, 1761, marked (3); and Translation.

"To General Wall, Madrid, December 10th, 1761, marked (4); and Translation."

"28. Copy of a Letter from the Earl of Bristol to the Earl of Egremont, dated Madrid, December 11th, 1761; most Secret; received January 9th, 1762."

"29. Copy of a Letter from the Earl of Bristol to the Earl of Egremont, dated Madrid, 11th December, 1761; Separate and Secret; received January 9th, 1762."

"30. Copy of a Letter from the Earl of Bristol to the Earl of Egremont, dated Elvas in Portugal, December 26th, 1761; received January 9th, 1762."

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to solemnize this Day; being appointed, by Act of Parliament, to be observed as a Day of Humiliation and Fasting, for the Martyrdom of King Charles the First;

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, tertium diem Februarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.