House of Lords Journal Volume 30: December 1760

December 1760

DIE Lunæ, 1^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

Edward Earl of Oxford and Earl Mortimer, and Zachary Lord Bishop of Rochester, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Thorrton, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Thornton Esquire and Mary his Wife; 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 Part of the settled Estate of William Thornton Esquire, in the County of York, in him, in Fee Simple, discharged of the Uses of his Marriage Settlement; and for settling other Lands, of greater Value, to the same Uses."

Edwyn & al. Petition referred to Judges.

Upon reading the Petition of John Edwyn Esquire and Mary his Wife, Lebbeus Humfrey Gentleman, Christian Sharpe Spinster, Henry Coleman Gentleman and Ann his Wife, John Talbot Gentleman, the Committee of the Person and Estate of James Tayler Gentleman, a Lunatick, the Reverend Samuel Statham, and George Coulton Clerk, Vicar of the Parish Church of Evington in the County of Leicester; praying Leave to bring in a Bill, for rendering effectual an Agreement for a Partition of certain Messuages, Lands, Tenements, and Hereditaments, in the Parish of Evington and elsewhere in the County of Leicester, and for settling the same, when respectively allotted to the several Parties interested therein, to the same Uses as their undivided Shares thereof now stand limited; and for other Purposes therein mentioned:

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

Fulton & al. Magistrates of Paisley a ainst Murray:

Upon reading the Petition of Robert Fulton and others, Magistrates of the Borough of Paisley, Appellants in a Cause depending in this House, wherein John Murray of Broughton is Respondent, which stands for hearing on Wednesday next; praying Leave to withdraw their said Appeal, the Respondent's Agent having signed the said Petition, as consenting thereto:

Appeal withdrawn.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, with the Respondent's Consent, as desired.

Farrell against Tomlison; and Farrell against Crosbie:

The House being informed, "That Edward Farrell attended, in order to deliver in Copies of Papers and Proceedings relating to Two Causes depending in this House; in one of which, Edward Farrell Esquire is Appellant, and Samuel Tomlison is Respondent; and in the other, the same Edward Farrell is Appellant, and Edward Crosbie and his Wife are Respondents."

Pleadings proved.

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

And then he was directed to withdraw.

Mure against Campbell:

After hearing Counsel, upon the Petition and Appeal of William Mure of Caldwell Esquire; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 5th of February 1760; and praying, "That the same might be reversed; or that the (fn. 1) Appellant might have such other Relief in the Premises as to this House in their Lordships great Wisdom should seem just:" As also upon the Answer of Daniel Campbell and William Graham Esquires put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors assirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House and that the said Interlocutors therein complained or be, and the same are hereby, affirmed.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, quintum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 5^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Farrell against Tomlison.

The Answer of Samuel Tomlison, to the Appeal of Edward Farrell Esquire, was brought in.

Lords take the Oaths.

Anthony Ashley Earl of Shaftesbury and Thomas Lord Foley took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Morgan & al. against E. of Winchilsea & al.

A Petition of Thomas Morgan Esquire and others, Appellants in a Cause depending in this House, wherein the Earl of Winchilsea and others are Respondents, which stands appointed to be heard on Wednesday next, was presented, and read; praying, "In regard the Petitioners have laid their Case before their Counsel, who cannot be fully prepared by the Time fixed for the said Hearing; that the same may be put off till such Day after Christmas as their Lordships shall please to appoint."

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

And being withdrawn:

Ordered, That the said Hearing be put off till the 4th Cause-day after the Recess at Christmas.

Westminster Bridge, Accompts delivered.

The House being informed, "That Mr. Seddon, from the Commissioners of Westminster Bridge, attended:"

He was called in; and delivered, at the Bar, pursuant to the Directions of several Acts of Parliament.

"A State of the Proceedings of the said Commissioners, from the 20th Day of November 1759, to the 2d Day of December 1760."

And also, "Accompts of the Treasurer to the said Commissioners, from the 10th Day of October 1759, to the 10th Day of October 1760."

And then he was directed to withdraw.

And the Titles thereof being read by the Clerk:

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

The House was adjourned during Pleasure.

The House was resumed.

Civil List, Bill.

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

With a Bill, intituled, "An Act for the Support of His Majesty's Household, and of the Honour and Dignity of the Crown of Great Britain;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

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 1759, to the 10th of October 1760."

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.

Land Tax Bill.

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

With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixty-one;" to which they desire the Concurrence of this House.

Malt Bill.

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

With a Bill, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Sixty-one;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, sextum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 6^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Civil List Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Support of His Majesty's Household, and of the Honour and Dignity of the Crown of Great Britain."

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.

Land Tax Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixtyone."

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.

Malt Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Sixty-one."

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.

Thornton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estate of William Thornton Esquire, in the County of York, in him, in Fee Simple, discharged of the Uses of his Marriage Settlement; and for settling other Lands, of greater Value, to the same Uses."

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

Their Lordships, or any Five of them; to meet on Monday the 22d Day of this Instant December, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sir T. Maxwell against Maxwell.

Upon reading the Petition and Appeal of Sir Thomas Maxwell of Orchyardton Baronet; complaining of several Interlocutors of the Lord Ordinary in Scotland, of the 9th of August, 23d of November, 7th and 21st of December, 1758; the 18th of January, 14th of July, and 11th of December 1759; and also of an Interlocutor of the Lords of Session, of the 2d of July 1760; and of another Interlocutor of the said Lords, of the 26th of November last, adhering thereto; 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 Robert Maxwell, the Son of Mungo Maxwell, may be required to answer the said Appeal:"

It is Ordered, That the said Robert Maxwell may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Saturday the 3d Day of January next; and Service of this Order upon his Procurators or Agents before the Court of Session in Scotland shall be deemed good Service.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, octavum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 8^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Civil List Bill, His Majesty's Consent to it signified:

The Duke of Newcastle acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for the Support of His Majesty's Household, and of the Honour and Dignity of the Crown of Great Britain;" and being desirous at all Times to give the strongest and most substantial Proofs of His Attention and tender Regard to the Ease and Welfare of His People; had commanded him to acquaint their Lordships, that His Majesty was pleased to give His Consent, that their Lordships may proceed upon the said Bill, as now framed, in such Manner as they shall think fit."

Address of Thanks to His Majesty thereupon.

Ordered, That an humble Address be presented to His Majesty, "To return our most grateful Thanks to His Majesty, for graciously acquainting us with His Royal Consent, that this House may proceed upon the said Bill, as now framed, in such Manner as they shall think fit.

"To assure His Majesty, that this early Attention to the Ease and Welfare of His People, expressed in a Manner so gracious, formed upon Principles so generous, and productive of Consequences so beneficial to the National Revenue, must imprint on the Mind of every British Subject the most loyal and ardent Affection; and that this House will zealously endeavour constantly to express our Felicity, in being blessed with a Sovereign of such true Liberality, Benevolence, and Wisdom, as we are confident these great Qualities will be incessantly employed in promoting the Happiness and Glory of an admiring, affectionate, and grateful People."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Ld. Vere takes the Oaths.

Vere Lord Vere took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Civil List Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for the Support of His Majesty's Household, and of the Honour and Dignity of the Crown of Great Britain."

After some Time, the House was resumed.

And the Lord Willoughy 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."

Then the said Bill was read the Third Time.

And 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. Montague and Mr. Lane:

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

Land Tax Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixty-one."

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."

Malt Bill.

The House (according to Order) was adjourned, during Pleasure, and put into a Committee on the Bill, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Sixty-one."

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."

Farrell against Crosbie.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Edward Farrell Esquire is Appellant, and Edward Crosbie and Frances his Wife are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Fifth Cause-day after the Recess at Christmas.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, nonum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 9^o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Land Tax Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixty-one."

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

It was Resolved in the Affirmative.

Malt Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Sixty-one."

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. Montague and Mr. Lane:

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 His 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 Speech in relation to the Money Bills to be passed, delivered them to the Clerk; who brought them to the Table; where the Deputy Clerk of the Crown read the Titles of the said Bills, as follow:

Bills passed.

"1. An Act for the Support of His Majesty's Household, and of the Honour and Dignity of the Crown of Great Britain."

"2. An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixty-one."

"3. An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Sixty-one."

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."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, duodecimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 12^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Abp. Canterbury takes the Oaths.

Thomas Lord Archbishop of Canterbury took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Grace having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

The King's Answer to Address on the Civil List Bill.

The Lord Edgecumbe reported, "That the Lords with White Staves had (according to Order) presented to His Majesty their Lordships Address of Thanks, for His Majesty's Gracious Signification of His Consent to the Civil List Bill; and that His Majesty received the same very graciously; and was pleased to acknowledge it as a fresh Mark of Affection and Duty to His Person and Government; for which His Majesty returns His Thanks to this House."

Salt Provisions from Ireland, Bill.

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

With a Bill, intituled, "An Act to continue, for a limited Time, the Importation of Salted Beef, Pork, and Butter, from Ireland;" to which they desire the Concurrence of this House.

Dolignon & al. Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing John Dolignon, Peter Thellusson, and Peter Anthony Planché;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Heath's Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Rose Marie Heath, Wife of Benjamin Heath Esquire;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Poppe to be added to Dolignon & al. Nat. Bill.

Upon reading the Petition of Christian Poppe; praying, "That his Name may be inserted in the Bill now depending before their Lordships, for naturalizing John Dolignon, Peter Thellusson, and Peter Anthony Planché:"

It is Ordered, That the said Petition do lie on the Table till the said Bill be read a Second Time.

Respondents peremptotily to answer the Appeal of Baker & al.

The House being informed, "That Stafford Lightburne, Alice Murphy, James Fitzgerald, and Elizabeth his Wife, Respondents to the Appeal of Anderson Baker and others, 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 Alexander Smith of the City of Dublin Gentleman, of the due Service of the said Order, being read:

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

Wilson to enter into Recognizance on Sir T. Maxwell's Appeal.

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

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quintum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 15^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. of Hereford takes the Oaths.

James Lord Bishop of Hereford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Salted Provisions from Ireland, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue, for a limited Time, the Importation of Salted Beef, Pork, and Butter, from Ireland."

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, To-morrow.

Heath's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Rose Marie Heath Wife of Benjamin Heath Esquire."

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

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

Christian Poppe took the Oaths appointed, in order to his Naturalization.

Dolignon & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Dolignon, Peter Thellusson, and Peter Anthony Planché."

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.

Ordered, That the Petition of Christian Poppe, praying that his Name may be inserted in the said Bill, be referred to the said Committee.

Hanbury, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Capel Hanbury and George Hanbury Esquires; praying Leave to bring in a Private Bill:

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

Mutiny Bill.

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

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

The said Bill was read the First Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum sextum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 16^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Heath's Nat. Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Rose Marie Heath, Wife of Benjamin Heath Esquire," 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."

Dolignon & al. Nat. Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Dolignon, Peter Thellusson, and Peter Anthony Planché," 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 several Amendments thereto."

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

Hanbury's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Capel Hanbury Esquire and George Hanbury Esquire, for themselves and their respective Issue Male, to make an Exchange of their settled Estates in the County of Monmouth; and for other Purposes therein mentioned."

Ld. Bolingbroke & al. Petition referred to Judges.

Upon reading the Petition of Frederick Viscount Bolingbroke Baron of Lediard Tregoze in the County of Wilts and also Viscount St. John Baron of Battersea in the County of Surrey, and of Henry St. John Esquire his Brother, for themselves and on the Behalf of John St. John their Younger Brother, an Infant; praying Leave to bring in a Bill, for Sale of certain settled Estates in the County of Kent; and for settling another Estate, in the County of Surrey, of greater Value, to the same Uses, in Lieu thereof; and for other Purposes therein mentioned:

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

Mutiny Bill.

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

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

Ordered, That the House be put into a Committee upon the said Bill, To-morrow.

His Majesty to be Governor of the S. S. Company, Bill.

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

With a Bill, intituled, "An Act to enable His Majesty to be Governor of the South Sea Company;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bertie & al. Pet. referred to Judges.

Upon reading the Petition of Peregrine Bertie the Elder and Elizabeth Bertie his Wife, and Peregrine Bertie the Younger their Eldest Son, for themselves and on the Behalf of Albemarle Bertie the Younger Son of the said Peregrine Bertie the Elder by the said Elizabeth Bertie, and Elizabeth Bertie, Sophia Bertie, Lcuisa Bertie, and Henrietta Bertie, their Four Daughters, who are all Infants; praying Leave to bring in a Bill, for making such Settlement and Disposition of the Real and Personal Estates devised by the Will of John Morse late of London Goldsmith, as therein mentioned:

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

Salted Previsions from Ireland, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue, for a limited Time, the Importation of Salted Beef, Pork, and Butter, from Ireland."

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."

Weymouth &c. Roads, Bill.

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

With a Bill, intituled, "An Act for repairing and widening several Roads leading to and through the Towns of Weymouth and Melcombe Regis and Dorchester in the County of Dorset;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem (fn. 2) Mercurii, decimum septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 17^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty to be Governor of the S. S. Company, Bill:

Hodie 2^a & 3^a vice lecta est Billa, intituled, "An Act to enable His Majesty to be Governor of the South Sea Company."

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

It was Resolved in the Affirmative.

Salted Provisions from Ireland, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue, for a limited Time, the Importation of Salted Beef, Pork, and Butter, from Ireland."

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

It was Resolved in the Affirmative.

Heath's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Rose Marie Heath, Wife of Benjamia Health Esquire."

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 preceding Bills.

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

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

Dolignon & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Dolignon, Peter Thellusson, and Peter Anthony Planché."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by the same Messengers:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

Weymouth &c. Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening several Roads leading to and through the Towns of Weymouth and Melcombe Regis and Dorchester, in the County of Dorset."

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

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

Cunningham & al. against Warner.

Upon reading the Petition and Appeal of John Cuningham Minister of the Gospel at Dallmellingtoun, the Representatives of the deceased Robert Kerr Writer in Kilmarnock, and Mathew Brown in Barkers; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 15th of July 1760; and of Two Interlocutors of the said Lords, of the 15th and 27th of November 1760; and praying, "That the same may be reversed, varied, or altered; or that the Appellants may have such other Relief as to this House in their Lordships great Wisdom shall seem meet; and that Patrick Warner of Ardeir may be required to answer the said Appeal:"

It is Ordered, That the said Patrick Warner may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Wednesday the 14th Day of January next; and Service of this Order upon any of his Procurators or Agents before the Court of Session in Scotland shall be deemed good Service.

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for punishing Mutiny and Defertion; and for the better Payment of the Army and their Quarters."

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."

Treaty between His Majesty and the King of Prussia.

The Earl of Holdernesse (by His Majesty's Command) laid before the House,

"Copy of a Convention between His Majesty and the King of Prussia, concluded and signed at London, the 12th of December 1760;" and Translation.

And the Title thereof being read by the Clerk:

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum octavum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 18^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Weymouth, and other Roads, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening several Roads leading to and through the Towns of Weymouth and Melcombe Regis, and Dorchester, in the County of Dorset," 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."

Mutiny Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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.

E. of Dartmouth's Pet. referred to Judges.

Upon reading the Petition of the Right Honourable William Earl of Dartmouth and Frances Katherine Countess of Dartmouth, on Behalf of themselves and of George Legge commonly called Lord Viscount Lewisham their Eldest Son and Heir Apparent, and William Legge and Charles Legge their Younger Sons, all now Infants; praying Leave to bring in a Bill, for Sale of divers Freehold Messuages, Lands, and Premises, inthe City of London and Suburbs thereof, consisting chiefly of Houses; and for laying out the Money arising thereby 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 Mr. Justice Clive and Mr. Baron Adams; who are forth with 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.

Wilson to enter into a Recognizance on Cunningham's Appeal.

The House being moved, "That John Wilson of The Middle Temple London may be permitted to enter into a Recognizance for John Cunningham and others, on account of their Appeal depending in this House; they living in Scotland:"

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, vicesimum secundum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 22^o Decembris.

Domini tam Spirituales quam Temporales Præsentes fuerunt:

PRAYERS.

Thornton's Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the settled Estate of William Thornton Esquire, in the County of York, in him, in Fee Simple, discharged of the Uses of his Marriage Settlement; and for settling other Lands, of greater Value to the same Uses" 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.

Weymouth Roads, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening several Roads leading to and through the Towns of Weymouth and Melcombe Regis and Dorchester, in the County of Dorset."

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. Davall and Mr. Bonner:

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

Cooke to take the Name of Molloy, Bill.

A Message was brought from the House of Commons, by Sir William Beauchamp Proctor and others:

With a Bill, intituled, "An Act to enable Charles Molloy an Infant (lately called Charles Cooke) and the Heirs of his Body to take and use the Surname and Arms of Molloy, pursuant to the Will of Sir Charles Molloy Knight, deceased;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return Dolignon & al Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing John Dolignon, Peter Thellusson, and Peter Anthony Planché;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Hanbury's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Capel Hanbury Esquire and George Hanbury Esquire, for themselves and their respective issue Male, to make an Exchange of their settled Estates in the County of Monmouth; and for other Purposes 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 the 2d Day of meeting after the Recess, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Edwyn & al. Leave for a Bill to sell Sherard's and Freeman's Estates:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Edwyn 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 1^a vice lecta est Billa, intituled, "An Act for rendering effectual an Agreement, for making a Partition of several Lands, Tenements, and Hereditaments, in the County of Leicester, late the Estates of James Sherrard Doctor of Physick and Robert Freeman Gentleman, deceased; and for other Purposes therein mentioned."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 23^o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thornton's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estate of William Thornton Esquire, in the County of York, in him in Fee Simple, discharged of the Uses of his Marriage Settlement; and for settling other Lands, of greater Value, to the same Uses."

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. Davall and Mr. Bonner:

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

E. of Lauderdale & Ux. Petreferred to Judges.

Upon reading the Petition of James Earl of Lauderdale and Mary Turner Countess of Lauderdale his Wife; praying Leave to bring in a Bill, for Sale of the Real Estate of the Petitioner the Countess; and for investing the Money arising by such Sale, together with the Remainder of her Personal Estate, in the Purchase of Lands and Hereditaments in Great Britain, to be settled to the Uses of their Marriage Articles; and for other Purposes therein mentioned:

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

Cooke to take the Name of Molloy, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Charles Molloy, an Infant (lately called Charles Cooke), and the Heirs of his Body, to take and use the Surname and Arms of Molloy, pursuant to the Will of Sir Charles Molloy Knight, 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 the 2d Day of Meeting after the Recess at Christmas, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Edwyn & al. to sell Sherrard's and Freeman's Estates, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for rendering effectual an Agreement, for making a Partition of several Lands, Tenements, and Hereditaments, in the County of Leicester, late the Estates of James Sherrard Doctor of Physick and Robert Freeman Gentleman, deceased; and for other Purposes therein mentioned."

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 3d Day of meeting after the Recess, at the usual Time and Place; and to adjourn as they please.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

His Majesty, being seated on His 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; the Deputy Clerk of the Crown read, at the Table, the Titles of the Bills to be passed, severally, as follow:

Bills passed.

"1. An Act to enable His Majesty to be Governor of The South Sea Company."

"2. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

"3. An Act to continue, for a limited Time, the Importation of Salted Beef, Pork, and Butter, from Ireland."

"4. An Act for repairing and widening several Roads leading to and through the Towns of Weymouth and Melcombe Regis and Dorchester, in the County of Dorset."

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

"Le Ray le veult."

"5. An Act for naturalizing John Dolignon, Peter Thellusson, Peter Anthony Planché, and Christian Poppe."

"6. An Act for naturalizing Rose Marie Heath, Wife of Benjamin Heath Esquire."

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

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.

Lords take the Oaths.

Archibald Duke of Argyll and John Earl of Loudoun took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Time for receiving Petitiones enlarged.

Ordered, That the Time limited for receiving Petitions for Private Bills be enlarged, from Thursday the 8th to Wednesday the 14th Day of January next.

Baker & al. against Lightburne & al.

The Answer of Stafford Lightburne, Alice Murphy, and James Fitzgerald and Elizabeth his Wife, to the Appeal of Anderson Baker and others, was brought in.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum tertium diem Januarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.