House of Lords Journal Volume 30: February 1762, 1-10

February 1762, 1-10

DIE Mercurii, 3^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ward against Brown.

The Answer of Thomas Browne Esquire, one of the Respondents to the Appeal of James Ward, was this Day brought in.

Thanks to the Bp. of St. David's, for his Sermon.

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

V. Torrington takes his Seat.

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

Bp. of Bath & Wells takes the Oaths.

Edward Lord Bishop of Bath and Wells took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

His Majesty's Speech to be considered.

Ordered, That this House will, on Friday next, take into Consideration His Majesty's most Gracious Speech from the Throne at the Opening of this Session, and also His Majesty's most Gracious Speech from the Throne on Tuesday the 19th Day of January last; and the Lords to be summoned.

Stoken Church Roads, Bill.

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

With a Bill, intituled, "An Act for rendering more effectual several Acts passed in the Fifth Year of His late Majesty King George the First, and the Thirteenth Year of His late Majesty King George the Second, for repairing the Roads from the Top of Stoken Church Hill to Enslow Bridge, through the City of Oxford, by Begbrooke, to New Woodstock in the County of Oxon, and for repairing the Road from The Crown Alehouse to the Turnpike on Stoken Church Hill aforesaid, and for repairing the Mile Ways on each Side the said City as therein mentioned;" to which they desire the Concurrence of this House.

Elvaston and Thulston, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for establishing and confirming certain Articles of Agreement, for the dividing and enclosing several Common Fields, Meadows, and Pastures, in the Townships of Elvaston and Thulston, in the County of Derby."

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

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

Mercers Company Accompts delivered.

The House being informed, "That Mr. Cawne, Clerk to the Mercers Company, attended:"

He was called in; and delivered, at the Bar, pursuant to an Act of Parliament of the 21st Year of His late Majesty's Reign,

"The Accompts of the Wardens and Commonalty of the Mystery of Mercers of the City of London, from the 10th of October 1760, to the 10th of October 1761."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

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

Holden & al. Petition referred to Judges.

Upon reading the Petition of John Holden of Erdington in the Parish of Aston in the County of Warwick Gentleman, Thomas Holden an Infant, only Son of the said John Holden, of the Age of Seven Years, Thomas Caldecott of The Middle Temple London Esquire and Catherine his Wife, Thomas Wearden of Birmingham in the County of Warwick Clerk and Lætitia his Wife; praying Leave to bring in a Bill, for enabling the Petitioners John Holden and Thomas Holden to raise a Sum of Money upon certain Estates therein mentioned, in the Counties of Leicester, Warwick, and Worcester, to be paid to the Petitioners Thomas Caldecott and Thomas Wearden, in Performance of an Agreement for that Purpose:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and 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.

Aid of Twelve Milliors, Bill.

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

With a Bill, intituled, "An Act for raising, by Annuities, in the Manner therein mentioned, the Sum of Twelve Millions, to be charged on the Sinking Fund; and for applying the Surplus of certain Duties on Spirituous Liquors, and also the Monies arising from the Duties on Spirituous Liquors granted by an Act of this Session of Parliament;" to which they desire the Concurrence of this House.

Duties upon Windows, Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty several Rates and Duties upon Windows or Lights;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

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

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

After some Time, the House was resumed.

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

Baker & al. against Lightburne & al.

After hearing Counsel in Part, in the Cause wherein Anderson Baker Esquire and others are Appellants, and Stafford Lightburne Clerk and others Respondents:"

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

Navy Debt, Bill.

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

With a Bill, intituled, "An Act to enable His Majesty to raise a certain Sum of Money, towards paying off and discharging the Debt of the Navy, and towards Naval Services, for the Year One Thousand Seven Hundred and Sixty-two;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ld. R. Manners against Moore & Ux.

This Day the Answer of Stephen Moore Esquire and Alice Moore, otherwise Colvill, his Wife, Two of the Respondents to the Appeal of Lord Robert Manners and others, was brought in:

Davys against Howard & Ux.

As was also, the Answer of Michael Howard and Alice his Wife, to the Appeal of Charles Davys Esquire.

Adjourn.

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

DIE Jovis, 4^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Bedford and the Feoffees of the Parish Lands of Tavistock; Petition referred to Judges.

Upon reading the Petition of the most Noble John Duke of Bedford, William Spry, Robert Butcher, William Rowe, John Condy, Walter Shellaber, Roger Long, Henry Manaton, Thomas Butcher, John Jago, John Rowe, Nathaniel Beard, Richard Vivian Willesford, Richard Turner, and Thomas Lang, Feoffees of the Lands commonly called The Parish Lands of Tavistock, and of Ralph Elford and George Crabb, Churchwardens of the said Parish of Tavistock, in the County of Devon; praying Leave to bring in a Bill, for vesting the said Lands in the Petitioner the Duke of Bedford, discharged of the said Trust, upon the said Duke's charging certain Lands of Inheritance belonging to him with the Payment of a clear Annuity, or Yearly Rent-charge, for the Benefit of the said Parish, in the Manner therein mentioned:

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

Mason & al. Petition referred to Judges.

Upon reading the Petition of William Mason Esquire and Elizabeth his Wife, in Behalf of themselves and William Mason, Thomas Mason, and John Mason, their Infant Children, John Marcon and Mary his Wife, in Behalf of themselves and Mary Marcon, John Marcon, Edmund Mason Marcon, and Thomas Marcon, their Infant Children, Francis Colombine and Susannah his Wife, in Behalf of themselves and Francis Colombine, Peter Colombine, and Susannah Colombine, their Infant Children, and of Susan Porter; praying Leave to bring in a Bill, for Sale of certain Lands therein mentioned, devised by the Will of William Mason Esquire, deceased; and for laying out the Money arising thereby in the Purchase of other Lands, 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. 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.

Baker & al. against Lightburne & al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Anderson Baker and Anna his Wife, Abraham White Baker, Mary White, and Frances Shaw; complaining of a Decree of the Court of Chancery in Ireland, of the 31st of January 1760; and praying, "That the same might be reversed or varied; or that the Appellants might have such other Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of Stafford Lightburne Clerk, Alice Murphy, and James Fitzgerald and Elizabeth his Wife, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of in the said Appeal be, and the same is hereby, reversed: And it is hereby Declared, That the Order and Judgement of this House, of the 5th of February 1722, ought to bind, and be carried into Execution, against the Appellants; and that the Respondents should have the Benefit of the Accompts taken in Pursuance of the said Order and Judgement, so far as the same are not herein after varied: And it is hereby Ordered, That it be referred to the Master, to reveiw the several Reports made since the said Order and Judgement, in the following respects only; that is to say, That he compute Interest upon the Rents of the Aughavana Estate, not from the Day, but from the End of Six Months after each respective Year's Rent became due; and that he give Credit to the Appellants for the Money paid by Abraham White, upon the Assignments of the Judgements obtained by Alice Smith, William Langton, and John Leland, against John Pue, deceased, with Interest for the same, according to the said Order and Judgement of this House, of the 5th of February 1722: And it is Ordered, That all further Directions be reserved till after the Master shall have made his Report; and that the said Court of Chancery in Ireland do give all proper Directions for carrying this Judgement into Execution.

Boyd & al. Bill.

Hodie 2^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."

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

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

Fatio & al. Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Francis Rodolph Fatio, John Le Coq, John Henry Cazenove, and Henry Peter Kuhff;" to which they desire the Concurrence of this House.

Adjourn.

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

DIE Veneris, 5^o Februarii.

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:

John Duke of Rutland.

John Earl of Westmorland.

George Earl of Orford.

Henry Earl of Darlington.

Mathew Lord Ducie.

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

Hodie 3^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."

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. Holford and Mr. Harris:

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

Aid of Twelve Millions, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for raising by Annuities, in the Manner therein mentioned, the Sum of Twelve Millions, to be charged on the Sinking Fund; and for applying the Surplus of certain Duties on Spirituous Liquors, and also the Monies arising from the Duties on Spirituous Liquors granted by an Act of this Session of Parliament."

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

Ordered, That the House be put into a Committee upon the said Bill, on Monday next.

Navy Debt, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable His Majesty to raise a certain Sum of Money, towards paying off and discharging the Debt of the Navy, and towards Naval Services, for the Year One Thousand Seven Hundred and Sixtytwo."

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

Ordered, That the House be put into a Committee upon the said Bill, on Monday next.

Duty on Windows, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting to His Majesty several Rates and Duties upon Windows or Lights."

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

Ordered, That the House be put into a Committee upon the said Bill, on Monday next.

Stoken Church Roads, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for rendering more effectual several Acts, passed in the Fifth Year of His late Majesty King George the First, and the Thirteenth Year of His late Majesty King George the Second, for repairing the Roads from the Top of Stoken Church Hill to Enslow Bridge, through the City of Oxford, by Begbrooke, to New Woodstock in the County of Oxon; and for repairing the Road from The Crown Alehouse to the Turnpike on Stoken Church Hill aforesaid; and for repairing the Mile Ways on each Side the said City as therein mentioned."

D. of Bedford and Feoffees of Wooburn Charity.

Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of his Grace the Duke of Bedford 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 vesting certain Lands, Tenements, and Hereditaments, heretofore given in Trust for the Benefit of the poor Inhabitants of the Parish of Woburn in the County of Bedford, in his Grace John Duke of Bedford and his Heirs; and for establishing a better Fund in Lieu thereof."

Fatio & al. Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Francis Rodolph Fatio, John Le Coq, John Henry Cazenove, and Henry Peter Kuhff."

Saltash Roads, Bill.

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

With a Bill, intituled, "An Act for repairing and widening several Roads in the Counties of Cornwall and Devon, leading to the Borough of Saltash in the County of Cornwall;" to which they desire the Concurrence of this House.

Ly. F. Williams to take the Name of Coningesby, Leave for a Bill:

Upon reading the Petition of the Right Honourable the Lady Frances Hanbury Williams; praying Leave to bring in a Bill, to enable her to take and use the Surname of Coningesby:

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

Bill read.

Whereupon the Earl of Oxford presented to the House a Bill, intituled, "An Act to enable the Right Honourable the Lady Frances Hanbury Williams to take upon her and use the Surname of Coningesby, pursuant to a Proviso in a Settlement made by her Father Thomas Earl Coningesby, deceased."

The said Bill was read the First Time.

King's Speech considered.

The House (according to Order) proceeded to take into Consideration His Majesty's most Gracious Speech from the Throne at the Opening of this Session, and also His Majesty's most Gracious Speech from the Throne on Tuesday the 19th Day of January last.

And the same being read by the Clerk:

Motion for a Resolution against carrying on the War in Germany:

It was moved, "To resolve, That it is the Opinion of this House, that the War at present carried on in Germany is necessarily attended with a great and enormous Expense; and that, notwithstanding all the Efforts that can possibly be made, there seems no Probability the Army there in the Pay of Great Britain, so much inferior to that of France, can be put into such a Situation as to essectuate any good Purpose whatsoever; and that the bringing the British Troops Home from Germany would enable His Majesty more effectually to carry on with Vigour the War against the United Forces of France and Spain, give Strength and Security to Great Britain and Ireland, support Publick Credit, and, by easing the Nation of a Load of Expense, be the likeliest Means, under the Blessing of God, to procure a safe and honourable Peace."

Which being objected to:

And a Question being stated thereupon;

After Debate;

The previous Question was put, "Whether the said Question shall be now put?"

It was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

"1st, Because, the main Question being so true in every Particular, which was assented to by most of the Lords who spoke in this Debate, and no Arguments being alleged that it was unconstitutional, the previous Question should not, in the present Case, have been insisted on, as thereby Lords were debarred from laying before the Throne their Sense on a Matter of this Importance.

"2dly, Because, in the Debate, there was no Shadow of Argument used to shew the Impropriety of this Question being brought before the House at this Time, or that it was prematurely undertaken by the Lord who moved it: On the contrary, it was proved, by irrefragable Arguments, that if the Measure was right to be done, no Time should be lost in bringing the British Forces Home during their Winter Quarters, which was the only Season when it could be done with Safety, and without any possible Impediment from the Enemy.

"3dly, The present Situation of the War, by the additional Weight of the Crown of Spain being thrown into the Scale against us, doth undoubtedly require, at this very critical Time, the utmost Frugality, towards easing the Nation from any unnecessary Expense: And as the present War in Germany is indisputably carried on at a great and enormous Expense, and, in the general Conception of Mankind, without any Possibility of any Good being reaped from it, it seems the undoubted Right of every Lord of this House to submit to Parliament his Opinion against a longer Continuance of such Measures as have already proved so detrimental to the Publick, by involving this Nation in an additional Debt of near Six Millions Yearly, without serving any One British Purpose, or even supporting with Efficacy those Countries for whose Preservation it has been pretended these immense Supplies have been granted.

"4thly, A Continental War, carried on in Germany without Allies, and at the sole Expense of Great Britain, whilst this Nation is involved in a War with the Two most considerable Maritime Powers of Europe, cannot be esteemed a System of true Policy; as France, let the Success against her Arms be ever so great, is not vulnerable from that Quarter; and Spain, on account of her Distance, would doubtless not be intimidated by the Success of the British Arms in Germany.

"5thly, The Expedience of the present Continental Measures cannot be justified, either on the Principles of its being a War of Diversion of the Forces of France from the invading His Majesty's Dominions or the succouring their own Colonies, both of which they are incapacitated from doing, by the Ruin of their Naval Force; neither can it be alleged as a Measure calculated to support the King of Prussia, who is not at War with France, nor in Danger, though the British Troops should be withdrawn, of being crushed by that Power, whose Interest will undoubtedly restrain her from taking a Step which could only tend to the Aggrandizement of the House of Austria, the ancient and natural Rival of the House of Bourbon.

"6thly, The present great Scarcity of Specie, and the low State of the Publick Funds, renders it the indispensable Duty of this House, to suggest to the Throne every Means of preventing an unnecessary Profusion of the publick Treasure; more especially when the Payments that must be daily made, and which must be done by the Exportation of Bullion, must unavoidably cause such a Stagnation of Trade and Industry, as may be of the most fatal Consequence to this Country, which can in no Degree be compensated for on the ill-grounded Notion, that the Expenses of the Enemy are equally great and burthensome to them; which is not only denied, as it can never be proved, but is moreover exploded by this undeniable Truth, that France, by withdrawing her Troops, can put an End to it whenever she pleases, and without any Danger to herself of being attacked by an inferior Army on her own Frontiers on that Side; and which, as she has not yet done, is a sufficient Proof of the Truth of this Proposition.

"7thly, The agreeing to the Resolution proposed could be in no Degree construed as a Breach of Faith to our Allies, or a Stain to the Honour of the Nation, as we are bound by no Treaties to keep an Army in Germany; and the War on that Continent seems to have been entered into voluntarily by us, without being called upon by any other Powers, and most precipitately taken up again, when it had been so happily extinguished by the Convention of Closter Seven.

"Wycombe.
Bedford, C. P. S.
Dunmore.
Bridgwater.
Pomfret.
Vere.
Brooke & Warwick."

Adjourn.

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

DIE Lunæ, 8^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hamilton against E. of Clanrickard & al.

The several Answer of Smith Earl of Clanrickarde in the Kingdom of Ireland and Peter Kilkenny, to the Original and Amended Appeal of Robert Hamilton Gentleman, was brought in.

Saltash, Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing and widening several Roads in the Counties of Cornwall and Devon, leading to the Borough of Saltash in the County of Cornwall."

Stoken Church Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for rendering more effectual several Acts, passed in the Fifth Year of His late Majesty King George the First, and the Thirteenth Year of His late Majesty King George the Second, for repairing the Roads from the Top of Stoken Church Hill to Enslow Bridge, through the City of Oxford, by Begbroke, to New Woodstocke in the County of (fn. 2) Oxon; and for repairing the Road from The Crown Alehouse to the Turnpike on Stoken Church Hill aforesaid; and for repairing the Mile Ways on each Side the said City, as therein mentioned."

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

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

Fatio & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Francis Rodolph Fatio, John Le Coq, John Henry Cazenove, and Henry Peter Kuhff."

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

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

Trustees of Tancred's Charity, Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of the Trustees of Tancred's Charity; 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 incorporating the Trustees named in the Settlement and Will of Christopher Tancred Esquire, deceased; and to enable them to take the Estate late of the said Christopher Tancred, to them and their Successors in Perpetuity, for the Charitable Uses in such Settlement and Will, and for the better Management of the Charity."

Haynes, Leave for a Bill of Divorce:

Upon reading the Petition of Saint John Haynes of Brockton in the County of Salop Clerk; praying Leave to bring in a Bill, to dissolve his Marriage with Mary Clerke, his now Wife; and to enable him to marry again; and for other Purposes therein mentioned:

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

Bill read.

Accordingly, the Lord Willoughby of Parham presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Saint John Haynes Clerk with Mary Clerke his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Tuesday the 9th Day of March next; and that Notice thereof be fixed on the Doors of this House; and the Lords to be summoned; and that the said St. John Haynes may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Mary Clerke may have a Copy of the said Bill; and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at the same Time.

Aid of Twelve Millions, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for raising by Annuities, in the Manner therein mentioned, the Sum of Twelve Millions, to be charged on the Sinking Fund; and for applying the Surplus of certain Duties on Spirituous Liquors, and also the Monies arising from the Duties on Spirituous Liquors, granted by an Act of this Session of Parliament."

After some Time, the House was resumed.

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

Navy Debt; Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to enable His Majesty to raise a certain Sum of Money, towards paying off and discharging the Debt of the Navy, and towards Naval Services, for the Year One Thousand Seven Hundred and Sixty-two."

After some Time, the House was resumed.

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

Duties on Windows, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for granting to His Majesty several Rates and Duties upon Windows or Lights."

After some Time, the House was resumed.

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

Adjourn.

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

DIE Martis, 9^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Elvaston and Thulston, Enclosure Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for establishing and confirming certain Articles of Agreement, for the dividing and enclosing several Common Fields, Meadows, and Pastures, in the Townships of Elvaston and Thulston, in the County of Derby," 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."

Fatio & al. Nat. Bill.

The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Francis Rodolph Fatio, John Le Coq, John Henry Cazenove, and Henry Peter Kuhff," 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."

Saltash Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening several Roads in the Counties of Cornwall and Devon, leading to the Borough of Saltash in the County of Cornwall."

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

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

Trustees of Tancred's Charity, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for incorporating the Trustees named in the Settlement and Will of Christopher Tancred Esquire, deceased; and to enable them to take the Estate late of the said Christopher Tancred, to them and their Successors in Perpetuity, for the Charitable Uses in such Settlement and Will, and for the better Management of the Charity."

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

Their Lordships, or any Five of them; to meet on Wednesday the 24th Day of this Instant February, at the usual Time and Place; and to adjourn as they please.

Aid of Twelve Millions, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for raising by Annuities, in the Manner therein mentioned, the Sum of Twelve Millions, to be charged on the Sinking Fund; and for applying the Surplus of the Duties on Spirituous Liquors, and also the Monies arising from the Duties on Spirituous Liquors granted by an Act of this Session of Parliament."

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

It was Resolved in the Affirmative.

Navy Debt, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable His Majesty to raise a certain Sum of Money, towards paying off and discharging the Debt of the Navy, and towards Naval Services, for the Year One Thousand Seven Hundred and Sixty-two."

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

It was Resolved in the Affirmative.

Duties on Windows, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting to His Majesty several Rates and Duties upon Windows or Lights."

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

It was Resolved in the Affirmative.

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

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

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

Stewart & al. against Dalrymple.

Upon reading the Petition and Appeal of Lieutenant James Stewart, Second Son of John Stewart of Castle Stewart Esquire, William Rorison of Ardoch, and George Campbell of Airies Esquire; complaining of certain Parts of Two Interlocutors of the Lords of Session in Scotland, of the 10th of February and 28th of July 1761; and also of an Interlocutor of the said Lords, of the 2d Day of this Instant February; and praying, "That this House will give the Appellants such Relief in the Premises as to their Lordships shall seem just; and that David Dalrymple may be required to answer the said Appeal:"

It is Ordered, That the said David Dalrymple may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 9th Day of March next; and Service of this Order upon his known Agent before the Court of Session in Scotland shall be deemed good Service.

Mutiny Bill.

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

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

Metivier's Nat. Bill.

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

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

Wolffe's Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Jacob Wolffe Esquire, commonly called Baron Wolffe;" to which they desire the Concurrence of this House.

Repinder's Nat. Bill.

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

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

Blunt & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Samuel Blunt 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 confirming and establishing a Partition, between Samuel Blunt, Henry Humphery, James Clitherow, Esquires, and others, of several Estates in the Counties of Sussex, Surry, and Kent, and settling the entire Premises to the several Uses therein mentioned."

L. Robert Manners against Moore & al. and Brereton against Brereton:

The House being informed, "That George Cannon attended, in order to deliver in Copies of Pleadings and Proceedings relating to Two Causes depending in this House; in one of which, the Lord Robert Manners and others are Appellants, and Stephen Moore and others are Respondents; and in the other, Edward Brereton of Springmount is Appellant, and Edward Brereton of Carlow Respondent:"

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.

Hamilton against E. of Clanrickard.

The House being moved, "That Wednesday the 17th Day of March next may be appointed, for hearing the Cause wherein Robert Hamilton Gentleman is Appellant, and Smith Earl of Clanrickard and Peter Kilkenny are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 17th Day of March next, as desired.

Adjourn.

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

DIE Mercurii, 10^o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day George William Earl of Bristol and John Peyto Lord Willoughby of Brooke 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, Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for establishing and confirming certain Articles of Agreement, for the dividing and enclosing several Common Fields, Meadows, and Pastures, in the Townships of Elvaston and Thulston, in the County of Derby."

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

It was Resolved in the Affirmative.

Fatio & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Francis Rodolph Fatio, John Le Coq, John Henry Cazenove, and Henry Peter Kuhff."

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

It was Resolved in the Affirmative.

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

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

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

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

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

Who being come, with their Speaker;

He, after a short Introduction in relation to the Money Bills to be passed, delivered the same to the Clerk; who brought them to the Table; where the Deputy Clerk of the Crown read the Titles of those and the other Bills to be passed, as follow:

Bills passed.

"1. An Act for raising by Annuities, in the Manner therein mentioned, the Sum of Twelve Millions, to be charged on the Sinking Fund; and for applying the Surplus of certain Duties on Spirituous Liquors, and also the Monies arising from the Duties on Spirituous Liquors granted by an Act of this Session of Parliament."

"2. An Act for granting to His Majesty several Rates and Duties upon Windows or Lights."

"3. An Act for enabling His Majesty to raise a certain Sum of Money, towards paying off and discharging the Debt of the Navy, and towards Naval Services, for the Year One Thousand Seven Hundred and Sixtytwo."

"4. 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, Certi ficates, Receipts, Annuity Orders, and other Orders, lost, burnt, or otherwise destroyed."

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

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

"5. An Act for establishing and confirming certain Articles of Agreement, for the dividing and enclosing several Common Fields, Meadows, and Pastures, in the Townships of Elvaston and Thulston, in the County of Derby."

"6. An Act for naturalizing Francis Rodolph Fatio, John Le Coq, John Henry Cazenove, and Henry Peter Kuhff."

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

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Stoken Church Roads, Bill.

The Earl of Litchfield reported from the Lords Committees to whom the Bill, intituled, "An Act for rendering more effectual several Acts, passed in the Fifth Year of His late Majesty King George the First, and the Thirteenth Year of His late Majesty King George the Second, for repairing the Roads from the Top of Stoken Church Hill to Enslow Bridge, through the City of Oxford, by Begbroke, to New Woodstocke in the County of Oxon; and for repairing the Road from The Crown Alebouse to the Turnpike on Stoken Church Hill aforesaid; and for repairing the Mile Ways on each Side the said City, as therein mentioned," 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."

Blunt & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and establishing a Partition, between Samuel Blunt, Henry Humphery, James Clitherow, Esquires, and others, of several Estates in the Counties of Sussex, Surry, and Kent; and for settling the entire Premises to the several Uses therein mentioned."

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

Their Lordships, or any Five of them; to meet on Thursday the 25th Day of this Instant February, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sandon, Bullock Smithy, &c. Road Bill.

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

With a Bill, intituled, "An Act for repairing, widening, and altering, the Road from Sandon in the County of Stafford, to Bullock Smithy in the County of Chester, and from Hilderstone to Draycott in the Moors, and from Wetley Rocks to Tean, in the said County of Stafford;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Mutiny Bill.

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

Wolffe's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Jacob Wolffe Esquire, commonly called Baron Wolffe."

Repinder's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing James Repinder."

Metivier's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Paul Metivier."

Mackenzie & Ux. pet. referred to Judges.

Upon reading the Petition of George Mackenzie Esquire and Elizabeth his Wife, Niece, Heir at Law, and the only next of Kin, of Elizabeth Morgan, late of the Town and County of Cambridge, Widow, deceased; praying Leave to bring in a Bill, for vesting all the Real and Personal Estate late of the said Elizabeth Morgan, deceased, in the Petitioner Elizabeth Mackenzie, her Heirs and Assigns, upon Payment of a Sum of Money therein mentioned, pursuant to Articles of Agreement entered into for that Purpose:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron 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 et in diem Veneris, duodecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.