Journal of the House of Lords Volume 32, 1768-1770. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 32: January 1769', in Journal of the House of Lords Volume 32, 1768-1770( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol32/pp221-240 [accessed 23 December 2024].
'House of Lords Journal Volume 32: January 1769', in Journal of the House of Lords Volume 32, 1768-1770( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol32/pp221-240.
"House of Lords Journal Volume 32: January 1769". Journal of the House of Lords Volume 32, 1768-1770. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol32/pp221-240.
In this section
Die Lunas, 16o Januarii 1769.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
The Answer of George Dawes Gentleman to the Kealy against Appeal of James Kealy Esquire, was this Day brought Dawes, in.
Return of the Marquis of Lothian in the Room of the Earl of Morton deceased.
This Day the Deputy Clerk of the Crown in Chancery delivered in a Certificate of the Name of the Peer of Scotland, who by virtue of His Majesty's Proclamation is chosen to sit and vote in this House in the Room of James Earl of Morton deceased; which was read as follows; (videlicet),
May it please your Lordships.
We do hereby certify, That by virtue of His Majesty's Royal Proclamation, dated the 26th Day of October 1768, a Certificate under the Hands and Seals of Thomas Gibsone and Alexander Tait Esquires, Two of the principal Clerks of Session attending the Election above mentioned in virtue of the Lord Clerk Register's Commission to them granted, hath been delivered into the Crown Office in Chancery, whereby it appears that William Marquis of Lothian was elected and chosen to sit and vote in the House of Peers, in this present Parliament, in the Room of James Earl of Morton deceased. Given under our Hands this 16th Day of January 1769.
Charles Yorke John Yorke Clerk of the Crown in Chancery.
Lords take the Oaths.
Then the Lords following tock the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:
James Earl of Macclesfield.
James Lord Bishop of Hereford.
Frederick Lord Bishop of Litchfield and Coventry.
D. of Dorset takes his Seat.
This Day John Frederick Duke of Dorset sat first in Parliament after the Death of his Uncle Charles Duke of Dorset; his Grace 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.
His Pedigree delivered.
Garter King at Arms delivered in at the Table his Grace's Pedigree, pursuant to the Standing Order.
E. Stamford takes his Seat.
This Day George Harry Earl of Stamford sat first: in Parliament after the Death of his Father George Harry Earl of Stamford; 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.
His Pedigree delivered.
Garter King at Arms also delivered in at the Table his Lordship's Pedigree, pursuant to the Standing Order.
Biddulph's Bill.
The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act to enable Charles Biddulph Esquire and his Three Infant Sons, John Biddulph, Charles Biddulph, and Thomas Biddulph, to grant Leases of certain Manors, capital and other Messuages, Mansion Houses, Farms, Lands, Tenements, and Hereditaments, situate in the several Counties of Surrey, Sussex, and Stafford, of which they are Tenants for Lire successively, 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.
Wilkes against the King; Writ of Error on the North Briton, No. 45.
The Order of the Day being read for hearing the Errors argued, assigned upon Two Writs of Error, in each of which John Wilkes Esquire is Plaintiff, and the King is Defendant, brought in order to reverse Two Judgements of the Court of King's Bench; and for the Judges to attend:
Counsel were accordingly called in;
And the Counsel on both Sides having been fully heard:
The Counsel were directed to withdraw.
Questions to the Judges.
Then the Judges present were directed to deliver their Opinions upon the following Questions; (videlicet),
1. Whether an Information filed by the King's Solicitor General, during the Vacancy of the Office of the King's Attorney General is good in Law?
2. Whether in such a Case it is necessary, in Point of Law, to aver upon the Record, that the Attorney General's Office was vacant?
Upon the Second Record:
3. Whether a Judgement of Imprisonment against a Defendant to commence from and after the Determination of an Imprisonment to which he was before sentenced for another Offence, is good in Law?
Judgea Opinion delivered.
Whereupon the Lord Chief Justice of the Court of Common Pleas, having conferred with the Rest of the Judges present, acquainted the House, That they all agreed in Opinion; and then his Lordship delivered their Reasons, concluding with their Opinion,
1. That an Information filed by the King's Solicitor General, during the Vacancy of the Office of the King's Attorney General, is good in Law.
2. That in such a Case it is not necessary, in Point of Law, to aver upon the Record, that the Attorney General's Office was vacant.
3. That a Judgement of Imprisonment against a Defendant to commence from and after the Determination of an Imprisonment to which he was before sentenced for another Offence, is good in Law.
And due Consideration being had of what had been offered on both Sides in these Two Causes;
The following Orders and Judgements were made:
After hearing Counsel to argue the Errors assigned upon a Writ of Error, brought into this Hodie on the 1st Day of December 1768, wherein John Wilkes Esquire is Plaintiff, and the King's Majesty is Defendant, in order to reverse a Judgement given in the Court of King's Bench for the said Defendant, and hearing the unanimous Opinion of the Judges present, upon (fn. 1) Three Questions of Law to them proposed, and due Consideration had of what was offered on either Side in this Cause:
Judgement affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Judgement of the Court of King's Bench be, and the same is hereby affirmed; and that the Record be remitted, to the End such Proceeding may be had thereupon, as if no such Writ of Error had been brought into this House.
The Tenor of which Judgement to be affixed to the Transcript of the Record to be remitted, is as follows; (videlicet),
But because the said Court of Parliament now here will advise themselves of what Judgement to give of and upon the Premises, a Day is for that Purpose given, as well to the said John Wilkes, as to the said William De Grey Attorney General of our said Lord the King, who prosecutes, &c. to be before our said Lord the King, and Peers, in the said Court of Parliament now here, until Monday the 16th Day of January now next ensuing, at Westminster, in the County of Middlesex aforesaid, to hear Judgement of and upon the Premises aforesaid, because the said Court of Parliament now here are not yet advised thereof, &c. on which Day, before our said Lord the King, and Peers, in the same Court of Parliament now here at Westminster, in the said County of Middlesex, assembled, comes as well the said John Wilkes, as the said William De Grey Attorney General for our said Lord the King, who prosecutes, &c. in their proper Persons: Whereupon all and singular the Premises having been seen, and by the said Court of Parliament now here fully understood, as well the Record and Proceedings aforesaid, and the Judgement thereupon given; as also the said Causes and Matters by the said John Wilkes above assigned for Error being diligently examined and inspected, and mature Deliberation being thereupon had; it appears to the said Court of Parliament now here, that there is no Error either in the Record and Proceedings aforesaid, or in giving the Judgement aforesaid; and that the Record is in no wise vicious or defective: Therefore it is considered by the same Court of Parliament aforesaid, That the, Judgement aforesaid given in the Court of our said Lord the King, before the King himself, be in all Things affirmed, and in full Force and Effect, the said Causes and Matters above assigned for Error by the said John Wilkes in any wife notwithstanding; and hereupon the aforesaid Record, and also the Proceedings aforesaid had in the said Court of Parliament, are here sent back to the Court of our said Lord the King, before the King himself, wheresoever he shall be in England, to the End that Execution may be done thereupon.
Wilkes against the King; Writ of Error on the Essay on Wo man.
After hearing Counsel to argue the Errors assigned upon a Writ of Error, brought into this House on the st Day of December 1768, wherein John Wilkes Esquire is Plaintiff, and the King's Majesty is Defendant, in order to reverse a Judgement given in the Court of King's Bench for the said Defendant, and hearing the unanimous Opinion of the Judges present upon Three Questions of Law to them proposed, and due Consideration had of what was offered on either Side in this Cause:
Judgement affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Judgement of the Court of King's Bench be, and the same is hereby affirmed; and that the Record be remitted, to the End such Proceeding may be had thereupon, as if no such Writ of Error had been brought into this House.
The Tenor of which Judgement to be affixed to the Transcript of the Record to be remitted, is as follows:
But because the said Court of Parliament now here will advise themselves of what Judgement to give of and upon the Premises, a Day is for that Purpose given, as well to the said John Wilkes, as to the said William De Grey Attorney General of our said Lord the King, who prosecutes, &c. to be before our said Lord the King, and Peers, in the said Court of Parliament now here, until Monday the 16th Day of January now next ensuing, at Westminster, in the County of Middlesex aforesaid, to hear Judgement of and upon the Premises aforesaid, because the said Court of Parliament now here, are not yet advised thereof, &c. on which Day, before our said Lord the King, and Peers, in the same Court of Parliament, now here at Westminster aforesaid, in the said County of Middlesex, assembled, comes as well the said John Wilkes, as the said William De Grey, Attorney General for our said Lord the King, who prosecutes, &c. in their proper Persons: Whereupon all and singular the Premises having been seen, and by the said Court of Parliament now here fully understood, as well the Record and Proceedings aforesaid, and the Judgement thereupon given; as also the said Causes and Matters by the said John Wilker above assigned for Error, being diligently examined and inspected, and mature Deliberation being thereupon had; it appears to the said Court of Parliament now here, that there is no Error either in the Record and Proceedings aforesaid, or in the giving the Judgement aforesaid, and that the Record is in no wise vicious or defective: Therefore it is considered by the same Court of Parliament aforesaid, That the Judgement aforesaid, given in the Court of our said Lord the King, before the King himself, be in all Things affirmed, and in full Force and Effect, the said Causes and Matters above assigned for Error by the said John Wilkes in any wife notwithstanding; and hereupon the aforesaid Record, and also the Proceedings aforesaid had in the said Court of Parliament, are sent back to the Court of our said Lord the King, before the King himself, wheresoever he shall be in England, to the End that Execution may be done thereupon.
Causes put off.
Ordered, That the Cause wherein Archibald Douglas Esquire and others are Appellants, and his Grace the Duke of Hamilton and others are Respondents, which stands appointed for hearing Tomorrow, be adjourned till Thursday next; and that the Cause which stands for Wednesday next, be adjourned till Friday next; and that the Rest of the Causes be removed in Course.
Garth's Bill.
Ordered, That the Committee to whom the Bill, intituled, An Act to empower Richard Garth Esquire to make Leases of his Settled Estates in the County of Surry, for building upon and improving the same, stands referred, be revived, and meet on Thursday next.
M'Intosh et al against Baxter et al.
Upon reading the Petition and Appeal of Mr. Robert 'Intosh Advocate, and Robert Cheyne and Thomas Myles, Constituent Members of the Town Council of Cupar, at the Meeting for the Annual Election of the Magistrates, on the 7th Day of October 1767, and of John Smith, Smith in Cupar, complaining of several Interlocutors of the Lords of Session in Scotland, of the 7th and 20th Days of July, and nth Day of August 1768; and also of an Interlocutory Judgement or Decree of the 22d Day of December 1768; and praying, That the same may be reversed, varied, or altered, or that the Appellants may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that John Baxter pretended Provost, John Bonthron, James Tod, and Thomas Creig, pretended Baillies, Alexander Milter pretended Treasurer, Robert Munro Dean of Guild, James Davie, William Toung, James Scott, Thomas Robertson, John Thomson Merchant, John Smith, John Stewart, Prymrose Rymer, and George Tod, New Guild Counsellors nominated, or pretended to have been nominated as such, and Doctor George Bethune, Robert Lawson, Christianus Adamson, and David Ritchie, pretended adjoined Counsellors, and James Sibbald Deacon of the Shoemakers and Conveener of the Trades, Alexander Ferguson pretended Deacon of the Incorporation of Smiths, Henry Robertson Deacon of the Wrights, Robert Newlands Deacon of the Weavers, James Mories Deacon of the Waulkers, Robert Williamson Deacon of the Taylors, David Duncan Deacon of the Bakers, and James Thomson Deacon of the Fleshers, all of the said Burgh of Cupar, may be required to answer the said Appeal:
It is Ordered, That the said John Baxter, and the said several Persons last named, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Monday the 13th Day of February next; and Service of this Order upon the said Respondents, or upon any of their known Agents or Counsel, in the said Court of Session in Scotland, shall be deemed good Service.
D Newscastle's Petition referred to Judges.
Upon reading the Petition of Henry Fiennes Pelham Clinton Duke of Newcastle, Guardian of his Son Henry Fiennes Pelham Clinton, now called Earl of Lincoln, an Infant of the Age of Eighteen Years; praying Leave to bring in a Bill, to enable the Petitioner to grant Leases of all or any Part of his Settled Estates during the Minority of his said Infant Son, and for other Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice 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.
For allowing Vintners and Victuallers to use Plate, Bill.
The Order of the Day being read for the House to be in a Committee upon the Bill, intituled, An Act for repealing so much of an Act, made in the Seventh and Eighth Years of the Reign of King William the Third, intituled, An Act to encourage the bringing Plate into the Mint to be coined, and for the further remedying the ill State of the Coin of the Kingdom; as restrains any Person keeping an Inn, Tavern, Alehouse, or Victualling House, or selling Wine, Ale, Beer, or any other Liquors, by Retail, from publickly using any wrought or manufactured Plate, or any Utensil or Vessel thereof, except Spoons, and for putting an End to Prosecutions commenced for Offences against such Part of the said Act:
It is Ordered, That the House be put into a Committee upon the said Bill on Thursday next.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum nonum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Jovis, 19o Januarii 1769.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Fairie against Watson.
The Answer of James Watson to the Appeal of James Fairie was this Day brought in.
Arthur against Gourlay.
As was also, The Answer of Janet Gourlay to the Appeal of James Arthur.
Marquis of Lothian takes the Oaths.
William Marquis of Lothian took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
E. of Shelburne's Petition referred to Judges.
Upon reading the Petition of the Right Honourable William Petty Earl of Shelburne, in the Kingdom of Ireland, Lord Wycomb, Baron of Chipping Wycomb, in the County of Bucks, in the Kingdom of Great Britain; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. 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.
Walker et al. Petition referred to Judges.
Upon reading the Petition of John Walker of Compion Bassett, in the County of Wilts, Esquire, eldest and only surviving Son and Heir of John Walker, late of Lyneham in the said County, Esquire, deceased, by Dionisa his Wife, also deceased, and Arabella Walker, Wife of the said John Walker the Son; praying Leave to bring in a Bill for vesting certain Estates in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Adams and Mr. Baron Perrott, 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.
Dolman et al. Petition referred to Judges.
Upon reading the Petition of Robert Dolman the Younger of Pockington, in the County of York, Doctor in Physic, and Peggy his Wife, and Robert Dolman the Elder of the same Place, Esquire, and Anne his Wife; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Smythe and Mr. Justice Clive, who are forthwith to s]common 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.
Garth's Bill.
The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, An Act to empower Richard Garth Esquire to make. Leases of his Settled Estates in the County of Surry for building upon and improving the same, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, 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.
Waddell against Inglis, Hearing appointed, ex parte.
The House being moved, That a Day may be appointed for hearing the Cause, wherein Robert Waddell is Appellant, and Charles Inglis is Respondent, ex parte, the Respondent not having put in his Answer to the said Appeal, though peremptorily ordered so to do:
It is Ordered, That this House will hear the said Cause, ex parte, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed, sunless the Respondent put in an Answer thereto in the mean Time.
O'Shaugnussy against Smith.
The House being moved, That a Day may be appointed for hearing the Cause, wherein Joseph O'Shaughnussy Esquire is Appellant, and John Smith alias Prendergast is Respondent:
It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.
Douglas against Hamilton et al.
After hearing Counsel in Part, in the Cause wherein Archibald Douglas Esquire is Appellant, and George James Duke of Hamilton and others are Respondents:
It is Ordered, That the further hearing of the said Cause be put off till Tomorrow, and that the Counsel be called in at Eleven o'Clock; and that the Cause which stands for Tomorrow be put off to Monday Sevennight; and that the Rest of the Causes be removed in course.
E. Clanrickarde's et al. Petition referred to Judges.
Upon reading the Petition of the Right Honourable John Earl of Clanrickarde, of the Kingdom of Ireland, Hester Countess of Clanrickarde, his Wife, and the Right Honourable Henry Lord Viscount Dunkellin, his eldest Son and Heir Apparent, and the Honourable John Thomas de Burgh, the younger Son of the said Earl by the said Countess; praying Leave to bring in a Bill for the several Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice 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.
D. Northumberland Petition referred to Judges.
Upon reading the Petition of the Most Noble Hugh Duke of Northumberland, and the Most Noble Elizabeth Duchess of Northumberland, his Wife, for themselves, and on Behalf of the Honourable Algernon Percy, commonly called Lord Algernon Percy, their Second Son, who is an Infant; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Perrott, 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.
Prowse et al. Petition referred to Judges.
Upon reading the Petition of Mary Prowse, the eldest of the Two only Daughters of Thomas Prowse, late of Berkeley, in the County of Somerset, Esquire, deceased, and of John Mordaunt Esquire, and Elizabeth his Wife, an Infant under the Age of Twenty-one Years, the other and youngest of the said Two Daughters of the said Thomas Prowse deceased, and of Elizabeth Prowse the Widow and Relict of the said Thomas Prowse deceased, and Mother of them the said Mary Prowse and Elizabeth the Wife of the said John Mordaunt; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Clive and Mr. Justice 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.
Sir George Yonge et Ux. Petition referred to Judges.
Upon reading the Petition of Sir George Yonge of Escott, in the County of Devon, Baronet, and Dame Ann his Wife; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron 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.
Hurst et al. Petition referred to Judges.
Upon reading the Petition of William Hurst Esquire and Lucy his Wife, late Lucy Allen Spinster, as well on Behalf of themselves as of Herbert Hurst their only Child, an Infant under the Age of Twenty-one Years, Calvert Richard Jones Esquire, and Elizabeth his Wife, late Elizabeth Allen Spinster, as well on Behalf of themselves as of Calvert Richard Jones, George Jones, Elizabeth Herbert Jones, Sarah Jones, and Lucy Jones, Infants under the Age of Twenty-one Years, Edward Hurst, John Phillips, William Powell Esquire, lately called William Richards, and the Honourable Thomas Morgan, who survived Capel Hanbury Esquire deceased; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. 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.
Lidy Chabot et al. Petition referred to Judges.
Upon reading the Petition of Maria Appollonia Scholastica de Rohan Chabot, Lady Anastatia Stafford Howard, and Lady Ann Stafford Howard, Daughters of the Right Honourable William Earl of Stafford deceased, and William Stafford Esquire; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron 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.
Payne to take the Name of Galwey, Bill.
The Lord Sandys presented to the House (pursuant to an Order of Leave of the 22d of December last) a Bill, intituled, An Act to enable Stephen Payne Esquire and his Issue to take, use, and bear, the Surname and Arms of Galwey, pursuant to the Will of Tobias Wall Galwey Esquire deceased.
The said Bill was read the First Time.
Wood for a Bill to take the Name of Davies.
Upon reading the Petition of the Reverend John Wood the Younger, praying Leave to bring in a Bill to enable the Petitioner to take the Surname and use the Arms of Davies, pursuant to the Will of the Reverend John Davies deceased:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Bill read.
Whereupon, The Lord Viscount Wentworth presented to the House a Bill, intituled, An Act to enable the Reverend John Wood, his First and other Sons, and their Heirs Male, to take and use the Surname of Davies, in pursuance of the Will of the Reverend John Davies Doctor in Divinity deceased.
The said Bill was read the First Time.
New Windsor Paving, &c. Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for the better paving, cleansing, lighting, and watching, the Streets and Lanes in the Parish and Borough of New Windsor, in the County of Berks, and for preventing Nuisances and Annoyances therein.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Anguish and Mr. Pechell:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Biddulph's Bill.
Hodie 3a vice lecta est Billa, intituled, An Act to enable Charles Biddulph Esquire, and his Three Infant Sons, John Biddulph, Charles Biddulph, and Thomas Biddulph, to grant Leases of certain Manors, capital and other Messuages, Mansion Houses, Farms, Lands, Tenements, and Hereditaments, situate in the several Counties of Surry, Sussex, and Stafford, of which they are Tenants for life successively.
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 the former Messengers:
To carry down the said Bill, and desire their Concurrence thereto.
Indemnity Bill.
Hodie 2a vice lecta est Billa, intituled, An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments within the Time limited by Law, and for allowing further Time for that Purpose; and to indemnify Members and Officers in Cities, Corporations, and Borough Towns, whose Admissions have been omitted to be stamped according to Law, or having been stamped have been lost or mislaid, and for allowing them Time to provide Admissions duly stamped.
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 Tomorrow.
For allowing Vintners and Victuallers to use Plate, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for repealing so much of an Act, made in the Seventh and Eighth Years of the Reign of King William the Third, intituled, An Act to encourage the bringing Plate into the Mint to be coined, and for the further remedying the ill State of the Coin of the Kingdom, as restrains any Person keeping an Inn, Tavern, Alehouse, or Victualling House, or selling Wine, Ale, Beer, or any other Liquors, by Retail, from publickly using any wrought or manufactured Plate, or any Utensil or Vessel thereof, except Spoons; and for putting an End to Prosecutions commenced for Offences against such Part of the said Act.
After some Time, the House was resumed:
And the Lord Viscount Wentworth reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Johnstone against Goridon.
The House being informed, That William Cordon of Newhall, Respondent to the Appeal of John Johnstone Esquire, 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 James Bremner Writer in Edinburgh, 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.
D. Ross against Sir J. Gordon.
The House being informed, That Sir John Gordon Baronet and William Gordon, Respondents to the Appeal of David Ross Commissary Clerk of Ross, 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 James Bremner Writer in Edinburgh, 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.
Ross, of Inverchasly against Sir J. Gordon.
The House being informed, That Sir John Gordon Baronet and William Gordon of Newhall, Respondents to the Appeal of David Ross of Inverchasly, 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 James Bremner Writer in Edinburgh, 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.
Fearon and Bond against Lechmere.
Upon reading the Petition of Charles Lechmere Esquire, Defendant in a Writ of Error depending in this House, wherein Peter Fearon and William Bond are Plaintiffs; setting forth, That the said Writ of Error is brought merely for Delay; and therefore praying, That the same may be Non-pros'd, with such Costs as to the House shalll 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 it is further Ordered, That the Plaintiffs in Error do pay, or cause to be paid, to the said Defendant the Sum of Twenty Pounds for his Costs, by Reason of the Delay of the Execution of the said Judgement.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Veneris, 20o Januarii 1769.
Domini tam Spirituales quam Temporales prsentes fuerunt:
Archiep. Cantuar. | Ds. Camden, Cancellarius. | Ds. Harwich, Unus Primariorum Secretariorum. |
Epus. Londin. | Comes Gower, Prses. | Ds. Abergavenny. |
Epus. Duresm. | Comes Bristol, C.P.S. | Ds. Willoughby Br. |
Epus. Costrien. | Dux Grafton. | Ds. Willoughby Par. |
Epus. Wigorn. | Dux Beaufort. | Ds. Berkeley Str. |
Epus. Bangor. | Dux Bolton. | Ds. Trevor. |
Epus. Norvicen. | Dux Bedford. | Ds. Romney. |
Epus. Oxon. | Dux Argyll. | Ds. King. |
Epus. Meneven. | Dux Atboll. | Ds. Godolphin. |
Dux Ancaster, Magnus Camerarius. | Ds. Ponsonby. | |
Dux Portland. | Ds. Vere. | |
Dux Manchester. | Ds. Hyde. | |
Dux Northumberland. | Ds. Mansfield. | |
Dux Montagu. | Ds. Lyttelton. | |
March. Lothian. | Ds. Sondes. | |
March. Rockingham. | Ds. Grosvenor. | |
Comes Talbot, Senescallus. | Ds. Lovel & Holland. | |
Comes Huntingdon. | Ds. Montagu. | |
Comes Suffolk. | Ds. Milton. | |
Comes Denbigh. | Ds. Digby. | |
Comes Westmorland. | Ds. Sundridge. | |
Comes Stamford. | ||
Comes Winchelsea | ||
Comes Sandwich. | ||
Comes Doncaster. | ||
Comes Litchfield. | ||
Comes Abingdon. | ||
Comes Scarbrough. | ||
Comes Coventry. | ||
Comes (fn. 2) Poulet. | ||
Comes Strathmore. | ||
Comes Abercorn. | ||
Comes Loudon. | ||
Comes Dunmore. | ||
Comes March. | ||
Comes Marchmont. | ||
Comes Roseberry. | ||
Comes Strafford. | ||
Comes Dartmouth. | ||
Comes Tankerville. | ||
Comes Kerr. | ||
Comes Waldegrave. | ||
Comes Harrington. | ||
Comes Buckinghamshire. | ||
Comes Powis. | ||
Comes Temple. | ||
Comes Hardwicke. | ||
Comes Ilchester. | ||
Viscount Say & Sele. | ||
Viscount Weymouth. | ||
Viscount Falmouth. | ||
Viscount Wentworth. |
PRAYERS.
Lords take the Oaths.
Vere Earl (fn. 1) Paulert, and John Lord Bishop of Bangor, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Doughs against D. Hamilton et al.
After hearing Counsel further in the Cause, wherein: Archibald Douglas Esquire is Appellant, and his Grace George James Duke of Hamilton and others are Respondents:
It is Ordered, That the further hearing of the said Cause be adjourned till Monday next; and that the Counsel be called in at Eleven o'Clock.
D. Garston for a Divorce Bill.
Upon reading the Petition of Augustus Henry Duke of Grafton, praying Leave to bring in a Bill to dissolve his Marriage with Anne Duchess of Grafton his now Wife, and to enable him to marry again, and for other Purposes in that Behalf:
It is Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.
Sir Edward Astley Petition referred to Judges.
Upon reading the Petition of Sir Edward Astley of Melton, Constable in the County of Norfolk, Baronet, for himself, and on the Behalf of Jacob Henry Astley, Francis Astley, Edward John Astley, Bernard Astley, and Henry Nicholas Astley, his Infant Children; praying Leave to bring in a Bill for vesting a Settled Estate in the County of Warwick in the Petitioners in Fee Simple, discharged of the Uses of the Settlement in the Petition mentioned, and for other Purposes:
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 Perrolt, 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.
Ld Camden et al. Petition referred to Judges.
Upon reading the Petition of the Right Honourable Charles Lord Camden Lord High Chancellor of Great Britain, and the Honourable Robert Bertie Esquire, commonly called Lord Robert Bertie, Charles Townshend Esquire, the Honourable George Hobart Esquire, and Albinia his Wife, and of Ann Lady Vere Bertie as Guardian of and on the Behalf of Louisa Bertie an Infant, and of the Honourable John Fane, commonly called Lord Burghersh, on the Behalf of John Fane, and Thomas Fane, his Infant Sons, and of Frances Bertie Spinster, and Mary Selwyn Widow; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Perrott, 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. Marlborough's Petition referred to Judges.
Upon reading the Petition of the Most. Noble George Duke of Marlborough, praying Leave to bring in a Bill for confirming certain Articles of Agreement in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron 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.
More Papers from America laid before the House.
The Lord Harwich (by His Majesty's Command) laid before the House more Copies of Letters relating to America, together with a List thereof, which was read by the Clerk as follows; (videlicet),
No. 1. Extract of a Letter from the Earl of Hillsborough to the Honourable Major General Gage, dated Whitehall, December 10th, 1768.
No. 2. (R. 14th Dec.) Copy of a Letter from the Lords of the Admiralty to the Earl of Hillsborough, dated December 14th, 1768, enclosing,
Copy of a Letter from Captain Smith, dated Boston, October 26th, 1768.
No. 3. (R. Dec. 23d.) Copy of a Letter from the Honourable Major General Gage to the Earl of Hillsborough, dated Boston, October 31st, 1768, enclosing,
Copy of the Address of the Subscribers, Members of His Majesty's Council of Massachusetts Bay, to the Honourable Major General Gage, with the General's Answer thereto.
No. 4. (R. Dec. 23d.) Extract of a Letter from the Honourable Major General Gage to the Earl of Hillsborough, dated Boston, November 3d, 1768.
No. 5 (R. Dec. 23d.) Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated November 1st, 1768, enclosing,
Copy of the Answer of the Justices.
Copy of Governor Bernard's Order to Joseph Goldthwaite Esquire.
Minutes of Council at Boston of 12th, 17th, and 26th October 1768.
No. 6 (R. Dec. 23d.) Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, November 5th, 1768, enclosing,
Copy of the Address of the Subscribers, Members of His Majesty's Council of Massachusetts Bay, to the Honourable Major General Gage, with the General's Answer thereto.
No. 7. Extras of a Letter from the Earl of Hillsborough to the Honourable Major General Gage, dated Whitehall, December 24th, 1768.
No. 8. Copy of a Letter from the Earl of Hillsborough to Governor Bernard, dated Whitehall, December 24th, 1768.
No. 9. (R. Dec. 30th.) Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, November 12th, 1768.
No. 10. (R. Dec. 30th) Copy of a Letter from Ditto to Ditto, dated Boston, November 14th, 1768.
No. 11. Copy of a Letter from the Earl of Hillsborough to Governor Bernard, dated Whitehall, January 4th, 1769.
No. 12. Copy of a Letter from the Lords of the Admiralty to the Earl of Hillsborough, dated January 7th, 1769, enclosing,
Extract of a Letter from Commodore Hood to Mr. Stephens, dated Boston Harbour, November 15th, 1768.
Extract of a Letter from Ditto to Ditto, November 22d, 1768.
Copy of a Letter from Ditto to Ditto, November 25th, 1768.
Copy of a Letter from Ditto to Ditto, November 27th, 1768.
No. 13. (R Jan. 13th.) Copy of a Letter from the Lords Commissioners of the Admiralty to the Earl of Hillsborough, dated January 13th, 1769, enclosing,
Extract of a Letter from Commodore Hood to Mr. Stephens, dated Boston Harbour, December 7th, 1768.
No. 14 (R. Jan. 16th.) Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, November 30th, 1768.
No. 15. (R. Jan. 16th.) Copy of a Letter from Ditto to Ditto, dated Boston, December 5th, 1768.
No. 16. (R. Jan. 19th.) Copy of a Letter from the Lords of the Admiralty to the Earl of Hillsborough, dated January 19th, 1769, enclosing,
Copy of a Letter from Commodore Hood, dated Boston Harbour, December 12th, 1768.
Ordered, That the said Papers do lie on the Table.
Dr. Wilson's Petition referred to Judges.
Upon reading the Petition of Christopher Wilson Doctor in Divinity, Prebendary of the Prebend of Halliwell and Finsbury, within the Cathedral Church of Saint Paul, London, and the Mayor and Commonalty and Citizens of the City of London; praying Leave to bring in a Bill to enable the Petitioner, Doctor Wilson, to grant Leases of the Prebendal Estate in the Petition mentioned, unto the Mayor and Commonalty and Citizens of London, for a Term of Ninety-nine Years, renewable according to the Agreement in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron 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.
Sir Thomas Broughton's Petition referred to Judges.
Upon reading the Petition of Sir Thomas Broughton Baronet, praying Leave to bring in a Bill to enable the Petitioner to sell and dispose of Timber growing upon the Settled Estates in the Petition mentioned, and for laying out the Money arising by such Sale in the Manner in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron 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.
Ness et Ux. Petition referred to Judges.
Upon reading the Petition of James Ness of New Malton, in the County of York, Gentleman, and Charlotte his Wife; praying Leave to bring in a Bill for the several Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Perrott, 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.
Markham et al. Patition referred to Judge.
Upon reading the Petition of Mary Markham Widow, George Fiescht Heneage and John Mare Esquires, for and on the Behalf of, as the Testamentary Guardians of, Mary and Catherine Markham Spinsters, the Infant Daughters of the late George Markham Esquire deceased, and of Edward Markham Esquire, the only surviving Brother of the said George Markham; praying Leave to bring in a Bill for vesting the Estate of George Markham her Husband in Trustees to be sold for Payment of his Debts, and for other Purposes:
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.
Brickstone et al. Petition referred to Judges.
Upon reading the Petition of William Blackslone Esquire, Solicitor General to Her Majesty, in Behalf of himself and the Honourable and Reverend John Tracey, and the Reverend Benjamin Buckler, Doctors in Divinity, the Visitors of the Foundation of John Michell Esquire, in the Queen's College, in the University of Oxford; praying Leave to bring in a Bill, for the several Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Teates, 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.
Garth's Bill.
Hodie 3a vice lecta est Billa, intituled, An Act to empower Richard Garth Esquire to make Leases of his Settled Estates in the County of Surrey, for building upon and improving the same.
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. Anguish and Mr. Pechell:
To carry down the said Bill, and desire their Concurrence thereto.
Fairie against Watson.
The House being moved, That a Day may be appointed for hearing the Cause, wherein James Fairie is Appellant, and James Watson is Respondent:
It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.
Arthur against, Gourlay.
The House being moved, That a Day may be appointed for hearing the Cause, wherein James Arthur is Appellant, and Janet Gourlay is Respondent:
It is Ordered, That this House will hear, the said Cause, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.
Wood to take the Name of Davies, Bill.
Hodie 2a vice lecta est Billa, intituled, An Act to enable the Reverend John Wood, his First and other Sons, and their Heirs Male, to take and use the Surname of Davies, in pursuance of the Will of the Reverend John Davies Doctor in Divinity, deceased.
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 next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
For allowing Vintners and Victuallers to use Plate, Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for repealing so much of an Act, made in the Seventh and Eighth Years of the Reign of King William the Third, intituled, An Act to encourage the bringing Plate into the Mint to be coined, and for the further remedying the ill State of the Coin of the Kingdom, as restrains any Person keeping an Inn, Tavern, Alehouse, or Victualling House, or selling Wine, Ale, Beer, or other Liquors, by Re tail, from publickly using any wrought or manufactured Plate, or any Utensil or Vessel thereof, except Spoons, and for putting an End to Prosecution commenced for Offences against such Part of the said Act.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by the former messengers:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Time for receiving Petitions for Private Bills enlarged.
Ordered, That the Time limited for receiving Petition for Private Bills be enlarged to Friday the 27th Day of this instant January.
Indemnity Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments within the Time limited by Law, and for allowing further Time for that Purpose; and to indemnify Members and Officers in Cities, Corporations, and Borough Towns, whose Admissions have been omitted to be stamped according to Law, or having been stamped, have been lost or mislaid, and for allowing them Time to provide Admissions duly stamped.
After some Time the House was resumed:
And the Lord Viscount Wentworth reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Petition of the Agent for the Appellants in Three Appeals to receive them, though out of Time.
A Petition of John Spottiswoode, Agent for the Appellants in Three Appeals from the Court of Session in Scotland, was presented and read; setting forth, That the Petitioner, being Agent in the Douglas Cause, was obliged to attend the House on Monday last, being the last Day for receiving these Appeals, pursuant to the Standing Order, till the Rising thereof, in order to know when that Cause would come on to be heard; that during his Attendance, the said Appeals were brought to his House; and therefore praying their Lordships to receive the said Appeals, notwithstanding the Time limited is expired:
Whereupon he was called in, and heard at the Bar:
And being withdrawn:
Ordered, That the Petitioner be at Liberty to present the said Appeals as desired.
Murray and Carlyle against Carlyes.
Upon reading the Petition and Appeal of Jean Murray, alias Carlyle of Locharthur, and John Hannah Carlyle her Husband, complaining of several Interlocutors of the Lord Ordinary in Scotland, of the 28th of January, 24th of June, 26th of July, and 9th of August 1768; of an Interlocutor of the Lords of Session there of the 21st of December 1768; and of another Interlocutor of the Lord Ordinary of the 22d of December 1768; and praying, That the same may be reversed, varied, or amended, or that the Appellants may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Thomas Carlyle, in Travalash, in Wales, may be required to answer the said Appeal:
It is Ordered, That the said Thomas Carlyle may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Friday the 17th Day of February next; and Service of this Order upon any of the Counsel or Agents of the said Respondent, in the said Court of Session in Scotland, shall be deemed good Service.
Dundas against Wardrope.
Upon reading the Petition and Appeal of James Dundas of Dundas Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 23d of November and 23d of December last; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that William Wardrope may be required to answer the said Appeal:
It is Ordered, That the said William Wardrope may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Friday the 17th Day of February next; and Service of this Order upon the said Respondent, or upon any of his Procu rators or Agents, in the said Court of Session in Scotland, shall be deemed good Service.
Dundas gainst Durham.
Upon reading the Petition and Appeal of James Dundas of Dundas Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland of the 15th of November and 23d of December 1768; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wis dom, shall seem meet; and that Robert Durham may be required to answer the said Appeal:
It is Ordered, That the said Robert Durham may have a Copy of the said Appeal, and do put in his Answer thereto in Writing, on or before Friday the 17th Day of February next; and Service of this Order upon the said Respondent, or upon any of his Procurators or Agents in the said Court of Session in Scotland, shall be deemed good Service.
Noel et al. Petition referred to judges.
Upon reading the Petition of Elizabeth Noel Spinster, and Noel Hill Esquire, and of the Right Honourable Edward Lord Viscount Wentworth, for and in Behalf of the Right Honourable Lady Frances Sherard, who is an Infant under the Age of Twenty-one Years; praying Leave to bring in a Bill for effectuating a Sale and Conveyance in the Petition mentioned, under such Regulations and with such Restrictions as to the House shall seem meet:
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 Willes, 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 prsens Parliamentum continuandum esse usque ad et in diem Lun, vicesimum tertium diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Lun, 23o Januarii 1769.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Douglas against D. Hamilton et al.
After hearing Counsel further in the Cause wherein Archibald Douglas Esquire is Appellant, and his Grace the Duke of Hamilton and others are Respondents:
It is Ordered, That the further hearing of the said Cause be adjourned till Tomorrow, and that the Counsel be called in at One o'Clock.
Sir H. Cavendish to shut up Roads, Bill.
A Message was brought from the House of Commons, by Mr. Cavendish and others:
With a Bill, intituled, An Act to empower the Right Honourable Sir Henry Cavendish Baronet to shut up certain Roads and a Foot Path in the Parish of Doveridge, in the County of Derby, and to oblige him to make and keep in Repair for the future a new Road and Foot Path in lieu thereof; to which they desire the Concurrence of this House.
The said Bill was read the First Time.
E. Darlington takes the Oaths.
Henry Earl of Darlington took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
A Message was brought from the House of Commons, by Mr. Sandys and others:
Saint Martin le Grand Paving, &c. Bill.
With a Bill, intituled, An Act for the better paving, cleansing, lighting, and watching, the Liberty of Saint Martin le Grand, within the City and Liberty of Westminster, in the County of Middlesex, and for preventing Obstructions and Annoyances therein; to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Mr. Kynaston and others:
Greenfield, &c. Road Bill.
With a Bill, intituled, An Act for repairing the Road from the Turnpike Gate in the Township of Greenfield, to the North Limits of the Township of Mostyn, and from Mostyn to Henllam, and from Llanerch y Mor to Pen y Fordd Wain, in the Counties of Flint and Denbigh; to which they desire the Concurrence of this House.
Denbigh, &c. Road Bill.
A Message was brought from the House of Commons, by Mr. Kynaston and others:
With a Bill, intituled, An Act for repairing the Road from the Town of Denbigh to the Turnpike Road between Northorp and Holywell, and, from Avon Wen to the Town of Mold, in the Counties of Denbigh and Flint; to which they desire the Concur rence of this House.
The said Three Bills were read the First Time.
Sir Watkin Williams Wynne, Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of Dame Frances Williams Wynne, the Mother and natural Guardian of Sir Watkin Williams Wynne Baronet, a Minor; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, An Act to enable Sir Watkin Williams Wynne Baronet, a Minor, to make a Settlement on his intended Marriage with the Lady Harriet Somerset.
Indemnity Bill.
Hodie 3a vice lecta est Billa, intituled, An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments within the Time limited by Law, and for allowing further Time for that Purpose; and to indemnify Members and Officers in Cities, Corporations, and Borough Towns, whose Admissions have been omitted to be stamped according to Law, or having been stamped have been lost or mislaid, and for allowing them Time to provide Admissions duly stamped.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Message to H. C. that the Lord's have agreed to it.
A Message was sent to the House of Commons, by Mr. Montagu and Mr. Cudden:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Adjourn.Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum quartum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Martis, 24o Januarii 1769.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Douglas against D. Hamilton et al.
After hearing Counsel further in the Cause wherein Archibald Douglas Esquire is Appellant, and his Grace George James Duke of Hamilton and others are Respondents:
It is Ordered, That the further Hearing of the said Cause be adjourned till Tomorrow 5 and that the Counsel be called in at One o'Clock.
Sir Watkin Williams Wynne, Bill.
Hodie 2a vice lecta est Billa, intituled, An Act to enable Sir Watkin Williams Wynne Baronet, a Minor, to make a Settlement on his intended Marriage with the Lady Harriot Somerset.
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 the 8th Day of February next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Saint Martin le Grand Paving, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for the better paving cleansing, lighting, and watching, the Liberty of Saint Martin le Grand, within the City and Liberty of Westminster, in the County of Middlesex, and for preventing Obstructions and Annoyances therein.
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Friday next, at the usual Time and Place; and to adjourn as they please.
Denbigh, &c. Road Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for repairing the Road from the Town of Denbigh to the Turnpike Road between Northorp and Holywell, and from Avon Wen to the Town of Mold, in the Counties of Denbigh and Flint.
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed;
Their Lordships, or any Five of them, to meet on the same Day at the same Place; and to adjourn as they please.
Greenfield, &c Road Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for repairing the Road from the Turnpike Gate, in the Township of Greenfield, to the North Limits of the Township of Mostyn, and from Mostyn to Henllan, and from Lanerch y Mor to Pen Ford Wain, in the Counties of Flint and Denbigh.
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day at the same Place; and to adjourn as they please.
Payne to take Name of Galwey, Bill.
Hodie 2a vice lecta est Billa, intituled, An Act to the enable Stephen Payne Esquire, and his Issue, to take, use, and bear, the Surname and Arms of Galwey, pursuant to the Will of Tobias Wall Galwey Esquire deceased.
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 Tuesday the 31st Day of this Instant January, at the usual Time and Place and to adjourn as they please.
Spottiswoode to enter into on Murray's Appeal.
The House being moved, That John Spottiswoode, of the Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for Jean Murray, on Account of her Appeal depending in this House, she residing in Scotland:
It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum quintum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Mercurii, 25o Januarii 1769.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Napier against Ramsay et al.
The Answer of Robert Ramsay and others to the Appeal of Charles Napier was this Day brought in:
Dundas against Ramsay et al.
And also, The Answer of Robert Ramsay and others to the Appeal of David Dundas Younger of Newball Esquire:
M'Queen against Ramsay et al.
As was also, The Answer of Robert Ramsay and others to the Appeal of Robert M'Queen Esquire Advocate.
Douglas against D. Hamilton et al.
After hearing Counsel further in the Cause, wherein Archibald Douglas Esquire is Appellant, and his Grace George James Duke of Hamilton and others are Respondents:
It is Ordered, That the further Hearing of the said Cause be adjourned till Tomorrow; and that the Counsel be called in at One o'Cloek.
Swinburn's et Ux. Petition referred to Judges.
Upon reading the Petition of John Swinburn of Coxhow, in the County of Durham, Esquire, and Sarah his Wife; praying Leave to bring in a Bill for vesting the several Premises in the Petition mentioned in Trustees, to be sold upon the Condition, and for the Purposes therein mentioned;
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Perrott, 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.
Glen against Baillie.
The House being informed, That Thomas Baillie and others, Respondents to the Appeal of Doctor Thomas Glen Physician in Linlithgow, 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 Robertson Junior, Writer in Edinburgh, 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.
Lumsdain against Baillie.
The House being informed, That Thomas Baillie and others, Respondents to the Appeal of John Lumsdain of Blancairn, 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 Robertson Junior, Writer in Edinburgh, 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.
Scott against Ogilvie et al.
The House being informed, That Thomas Fotheringham Ogilvie and others, Respondents to the Appeal of John Scott Writer in Edinburgh, 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 William Murray, Clerk to James Smyth Writer to the Signet, 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.
Skene against Ogilvie.
The House being informed, That David Ogivy, Respondent to the Appeal of George Skene of Skene and others, 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 Rannie, Clerk to Mr. James Smyth Writer to the Signet, of the due Service of the said Order, being read:
Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum, continuandum esse usque ad et in diem Jovis, vicesimum sextum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Jovis, 26o Januarii 1769.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS;
Douglas against D. Hamilton et al.
After hearing Counsel further in the Cause, wherein Archibald Douglas Esquire is Appellant, and his Grace George James Duke of Hamilton and others are Respondents:
It is Ordered, That the further Hearing of the said Cause be adjourned till Wednesday next; and that the Counsel be called in at One o'Clock.
Hilborowe Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Bacon and others:
With a Bill, intituled, An Act for dividing and enclosing the Common Fields, Commons, and Waste Grounds, in the Manor and Parish of Hilborowe, in the County of Norfolk; to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Torre et al. Petition refered to Judges.
Upon reading the Petition of James Torre of Snydall, in the County of York, Clerk, on the Behalf of himself, and of James Torre, Kirkby Torre, Nicholas Torre, Henry Torre, John Torre, and Betty Torre, his Infant Children, and of Nicholas Torre and Jane Torre, the Brother and Sister of the said James Torre the Father; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Adams and Mr. Baron Perrott, 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.
Sir John Sebright et al. Petition refered to Judges.
Upon reading the Petition of Sir John Saunders Sebright of Beechwood, in the County of Hertford, Baronet, Edward Knight of Wolverly, in the County of Worcester, Esquire, and John Hurtle of the Parish of Wolverly aforesaid, Esquire, Copyhold or Customary Tenants of the Manor of Wolverly, in the County of Worcester, on Behalf of themselves; and all other the Copyholders or Customary Tenants of the said Manor; praying Leave to bring in a therein mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Perrott, 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.
Sir Henry Cavendish to shut up road, Bill.
Hodie 2a vice lecta est Billa, intituled, An Act to vendish to that empower the Right Honourable Sir Henry Cavendish Baronet to shut up certain Roads and a Foot Path in the Parish of Doveridge, in the County of Derby, and to oblige him to make and keep in Repair for the future a new Road and Foot Path in lieu thereof.
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Ld. President. | L. Abp. Canterbury. | L. Harwich. |
Ld. Privy Seal. | L. Bp. London. | L. Willoughby Par. |
D. Grafton. | L. Bp. Durham. | L. Edgecumbe. |
D. Beaufort. | L. Bp. Chester. | L. Sandys. |
D. Bolton. | L. Bp. Oxford. | L. Vere. |
D. Bedford. | L. Bp. St. Davids. | L. Hyde. |
D. Ancaster. | L. Lyttelton. | |
M. Rockingham. | L. Boston. | |
Ld. Steward. | L. Lovel. & Holland. | |
E. Huntingdon. | L. Milton. | |
E. Suffolk. | L. Digby. | |
E. (fn. 4) Denbigh. | ||
E. Westmorland. | ||
E. Sandwich. | ||
E. Coventry. | ||
E. Abercorn. | ||
E. March. | ||
E. Marchmont. | ||
E. Waldegrave. | ||
E. Powis. | ||
E. Delawar. | ||
V. Weymouth. | ||
V. Wentworth. |
Their Lordships, or any Five of them, to meet on Wednesday next, at Ten o'Clock in the Fore noon, in the Prince's Lodgings, near ,the House of Peers; and to adjourn as they please.
Caldecot and Duncombe's Petition referred to Judges.
Upon reading the Petition of Gilbert Caldecot and Thomas Duncombe Esquires, praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
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.
wood to take the Name of Davies, Bill.
The Lord Bishop of Norwich reported from the Lords Committees, to whom the Bill, intituled, An Act to enable the Reverend John Wood, his First and other Sons, and their Heirs Male, to take and use the Surname of Davies, in pursuance of the Will of the Reverend John Davies Doctor in Divinity deceased, 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 made Two Amendments thereto.
Which Amendments, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
St. Martin le Grand Paving &c. Bill.
Ordered, That the Meeting of the Committee upon the Bill, intituled, An Act for the better paving, cleansing, lighting, and watching, the Liberty of Saint Martin le Grand, within the City and Liberty of Westminster, in the County of Middlesex, and for preventing Obstructions and Annoyances therein; which stands appointed for Tomorrow, be adjourned till Tuesday next.
Denbigh, c. Road Bill.
Ordered, That the Meeting of the Committee upon the Bill, intituled, An Act for repairing the Road from the Town of Denbigh to the Turnpike Road between Northorp and Holywell, and from Avon Wen to the Town of Mold, in the Counties of Denbigh and Flint; which stands appointed for Tomorrow, be adjourned till Tuesday next.
Greenfield, &c. Road Bill.
Ordered, That the Meeting of the Committee upon the Bill, intituled, An Act for repairing the Road from the Turnpike Gate in the Township of Greenfield, to the North Limits of the Township of Mostyn, and from Mostyn to Henllan, and from Llanerch y Mor to Pen y Ford Wain, in the Counties of Flint and Denbigh, which stands appointed for Tomorrow, be adjourned till Tuesday next.
Worgan for a Divorce, Bill.
Upon reading the Petition of John Worgan of the Parish of Saint Andrew, Holbourn, in the County of Middlesex, Gentleman; praying Leave to bring in a Bill to dissolve his Marriage with Sarah Mackelcan his now Wife, and to enable him to marry again, and for other Purposes in that Behalf:
It is Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.
Causes put off.
Ordered, That the Cause which stands appointed for Monday next, be put off to that Day Sevennight; and that the Rest of the Causes be removed in Course.
Dorchester Roads Bill.
A Message was brought from the House of Commons, by Mr. Darner and others:
With a Bill, intituled, An Act for amending, widening, altering, clearing, and keeping in Repair, several Roads leading from the Borough of Dorchester, in the County of Dorset; and for repealing so much of an Act, passed in the Sixth Year of His present Majesty's Reign, as relates to the repairing the Road leading from Wool to the said Borough; which they desire the Concurrence of this House.
The said Bill was read the First Time.
Edwardes et al. Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of John Edwardes Esquire and others, praying Leave to bring in a Private Bill for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, An Act for confirming a Partition between John Edwardes Esquire, John Fremantle Esquire, and Frances his Wife, and Mary Edwardes Spinster, of several Estates in the County of Middlesex and City of Bristol, devised by the Will of John Schoppens Esquire deceased, and of the Residue of the Personal Estate of the said John Schoppens.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, tricesimum diem instantis Januarii, hora decima Auror, Dominis sic decernentibus.
Die Lun, 30o Januarii 1769.
Domini tam Spirituales quam Temporales prsentes fuerunt:
Epus. Cestrien. | Ds. Camden, Cancellarius. | Ds. Willoughby Par. |
Epus. Norvicen. | ||
Epus. Oxon. | ||
Epus. Meneven. |
PRAYERS.
Then, in order to solemnize this Day, being appointed by Act of Parliament to be observed as a Day of Fasting and Humiliation for the Martyrdom of King Charles the First;
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, tricesimum primum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Martis, 31o Januarii 1769.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Thanks to the Bp. of St. Davids for his Sermon.
Ordered, That the Thanks of this House be, and they are hereby given to the Lord Bishop of St. Davids for the Sermon by him preached before this House, in the Abbey Church, Westminster, Yesterday; and he is hereby desired to cause the same to be forthwith printed and published.
Douglas et al. against D. Hamilton et al.
Ordered, That the further Hearing of the Cause wherein Archibald Douglas Esquire and others are Appellants, and George James Duke of Hamilton and others are Respondents, which stands appointed for Tomorrow, be put off to Friday next; and that the Counsel be called in at One o'Clock.
Saint Martin le Grand Paving, &c. Bill.
The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, An Act for the better paving, cleansing, lighting, and watching, the Liberty of Saint Martin le Grand, within the City and Liberty of Westminster, in the County of Middlesex, and for preventing Obstructions and Annoyances therein, 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.
Denbigh, &c. Road Bill.
The Lord Sandys also made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for repairing the Road from the Town of Denbigh to the Turnpike Road between Northorp and Holywell, and from Avon Wen to the Town of Mold, in the Counties of Denbigh and Fint, was committed.
Greenfield, &c. Road Bill.
The Lord Sandys also made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for repairing the Road from the Turnpike Gate in the Township of Greenfield, to the North Limits of the Township of Mostyn, and from Mostyn to Henllan, and from Llanerch y Mor to Pen y Ford Wain, in the Counties of Flint and Denbigh, was committed.
Hillborowe Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common Fields, Commons, and Waste Grounds, in the Manor and Parish of Hillborowe, in the County of Norfolk.
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 9th Day of February next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Chapmanet Ux. Petition referred to Judges.
Upon reading the Petition of Anthony Chapman Esquire, and Mary his Wife, on Behalf of themselves and of their infant Daughter Mary Chapman; praying Leave to bring in a Bill to empower the Petitioners, as they shall severally become possessed of the Estates in the Petition mentioned, to grant Leases thereof, or of any Part thereof, for such further Term than they are empowered to do by virtue of a Settlement in the Petition also mentioned, and under such Conditions and Restrictions, as to the House shall seem meet:
It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Clive and Mr. Justice Yates, 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.
Sutton's Petition referred to Judges.
Upon reading the Petition of John Sutton Esquire, praying Leave to bring in a Bill to enable Robert Sutton the Elder to sell so much of the reduced Annuities, in the Petition mentioned, as will be sufficient to reimburse the Petitioner the Charges and Expenses he has been put unto in the Premises by the several Means in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Clive and Mr. Justice 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.
Pulteney et Ux. Petition referred to Judges.
Upon reading the Petition of William Pulteney Esquire, and Frances his Wife, for themselves and on Behalf of Henrietta Laura Pulteney, their infant Daughter; praying Leave to bring in a Bill for effectuating the several Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron 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. Orford's Petition referred to Judges.
Upon reading the Petition of George Earl of Orford, praying Leave to bring in a Bill for vesting a Messuage Petition situate in Pall Mall, together with the Pictures and Furniture therein, in Trustees, to be sold, discharged of the Trusts of a Settlement in the Petition mentioned, and for laying out the Money arising by such Sale in the Purchase of other Lands to be settled to the same Uses:
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 Yates, 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.
Bortie et al. Petition referred to Judges.
Upon reading the Petition of Peregrine Bortie Esquire and Catharine his Wife, and Wickens Hodges: praying Leave to bring in a Bill, for effecting the Purposes in the Petition mentioned, in such Manner as to the House shall seem meet:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Adams and Mr. Baron Perrott, 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.
Wood to take the Name of Davies, Bill.
Hodie 3a vice lecta est Billa, intituled, An Act to enable the Reverend John Wood, his first and other Sons, and their Heirs Male, to take and use the Surname of Davies, in pursuance of the Will of the Reverend John Davies Doctor in Divinity deceased.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Message to H.C. that the Lord have agreed to it.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Cudden:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Saint Martin le Grand Paving, &c. the Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for the better paving, Jeansing, lighting, and watching, the Liberty of Saint Martin le Grand, within the City and Liberty of Westminster, in the County of Middlesex, and for preventing Obstructions and Annoyances therein.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Greensheld, &c Road Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for repairing the Road from the Turnpike Gate, in the Township of Greenfield, to the North Limits of the Township of Mosiyn, and from Mosiyn to Henllan, and from Llanerch y Mor to Pen y Ford Wain, in the Counties of Flint and Denbigh.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Denbigh, &c. Road Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for repairing the Road from the Town of Denbigh to the Turnpike Road between Northorp and Holywell, and from Avon Wen to the Town of Mold, in the Counties of Denbigh and Flint.
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 Three preceding Bills.
A Message was sent to the House of Commons, by the former Messengers:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Dorchester Roads Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for amending, widening, altering, clearing, and keeping in Repair, several Roads leading from the Borough of Dorchester, in the County of Dorset, and for repealing so much of an Act, passed in the Sixth Year of His present Majesty's Reign, as relates to the repairing the Road leading from Wool to the said Borough.
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforesaid:
Their Lordships, or any Five of them, to meet on Thursday next, at the usual Time and Place; and to adjourn as they please.
Murray against Hamilton et al.
A Petition of John Murray and others, Appellants in a Cause depending in this House, to which Jacobina Hamilton and others are Respondents, which stands appointed for hearing, and of the said Jacobina Hamilton and others, was presented and read; setting forth, That the Petitioners have settled the Disputes that subsisted between them, by an amicable Compromise; and therefore praying, That they may be at Liberty to withdraw the said Appeal.
And thereupon the Agents on both Sides were called in, and heard at the Bar:
And being withdrawn:
Appeal withdrawn.
Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.
Sir Henry Cavendish to shut up Roads, Bill.
Ordered, That the Meeting of the Committee, upon the Bill, intituled, An Act to empower the Right Honourable Sir Henry Cavendish Baronet, to shut up certain Roads and a Footpath in the Parish of Doveridge, in the County of Derby; and to oblige him to make and keep in Repair, for the future, a new Road and Footpath in lieu thereof, which stands appointed for Tomorrow, be adjourned till Thursday next.
E. India Treaties, Grants and Territorial Acquisitions to be laid before the House.
Ordered, That the proper Officer do lay before this House, Copies of all Treaties made with and Grants received from any of the Country Powers in India by the East India Company, from the Year 1756, together with all Letters, and Extracts of Letters of Correspondence between the East India Company and their Servants, relative thereto to the present Time.
Ordered, That the proper Officer do lay before this House, an Account of the present State of the Territorial (fn. 5) Acquisitions and Revenues obtained in India by the East India Company, since the Year 1756.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, secundum diem Februarii, jam prox. sequen. hora undecima Auror, Dominis sic decernentibus.