House of Lords Journal Volume 30: February 1763, 21-28

February 1763, 21-28

DIE Lunæ, 21^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Elphinston against Hay.

The Answer of James Hay, to the Appeal of Charles Elphinston and John Gray Esquire, was this Day brought in.

Lords take the Oaths.

This Day George Earl of Pomfret and Frederick Lord Bishop of Exeter took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; their Lordships having first delivered Certificates of their receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Marine Forces regulating, Bill.

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

With a Bill, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore;" to which they desire the Concurrence of this House.

Nightingales, &c. Roads, Bill.

A Message was brought from the House of Commons, by Sir George Warren and others:

With a Bill, intituled, "An Act for repairing and widening the Road from a Place called Nightingales in the Township of Heath Charnock, to the Bridge at the West End of the Town of Bolton in the Moors in the County of Lancaster;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Message from H. C. to return Neal's Bill.

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

To return the Bill, intituled, "An Act for explaining and amending a Power given by the Marriage Settlement of Nathaniel Neal Gentleman and Elizabeth his Wife, and for making the same more effectual, for the Benefit of the Children of that Marriage;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Godmanchester to Newmarket Heath, Roads, Bill.

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

With a Bill, intituled, "An Act to enlarge the Term and Powers granted by an Act made in the Eighteenth Year of the Reign of His late Majesty King George the Second, intituled, "An Act to repair and widen the Road leading from Godmanchester in the County of Huntingdon, through Fen Staunton and Cambridge, to the First Rubbing House on Newmarket-heath in the County of Cambridge;" to which they desire the Concurrence of this House.

D'Orville & al Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing "John D'Orville and Michael Wiegand;" to which they desire the Concurrence of this House.

Child's Nat. Bill.

A Message was brought from the House of Commons, by Sir Robert Long and others:

With a Bill, intituled, "An Act for naturalizing "Josiah Child, an Infant of the Age of Nine Years;" to which they desire the Concurrence of this House.

The said Three Bills were severally read the First Time.

Hill to take the Name of Medlycott, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling Ann Barbara Hill Medlycott to take and use the Surname and Arms of Medlycott, pursuant to the Will of Thomas Medlycott Esquire, 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 directed him to report the same to the House, without any Amendment."

Brebner against Haliburton & al.

A Petition of Alexander Brebner, Appellant in a Cause depending in this House, which stands for Hearing, was presented, and read; setting forth, "That the Petitioner's Agent in the Court of Session has been for some Time in Treaty with the Respondents Agent for compromising Matters; but that there is not Time for advising with, and receiving Instructions from, the Appellant, who lives in the North of Scotland, at this Season, when Roads are impassable;" and alleging, "That the Instructions, Papers, and Materials, necessary for the Hearing, are not yet transmitted to his Agent here;" and therefore praying, "That the Hearing of the said Cause may be put off for Three Weeks, or such other reasonable Time as their Lordships shall think proper."

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

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off till after all the Causes already appointed.

Thom & al. against Dalrymple.

After hearing Counsel in Part, in the Cause wherein William Thom and others are Appellants, and David Dalrymple and others Respondents:

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

Edwards Petition referred to Judges.

Upon reading the Petition of William Edwards of Johnston in the County of Pembroke Esquire; praying Leave to bring in a Bill, for vesting an Estate at Kensington in the County of Middlesex, comprised in the Will of Edward Henry Edwardes his late Brother, deceased, in Trustees, to be sold, in order to raise Money for discharging Debts and Encumbrances:"

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

Brett & Ux. Petition referred to Judges.

Upon reading the Petition of Charles Brett Esquire and Elizabeth his Wife; praying Leave to bring in a Bill, for Sale of certain Freehold Messuages, with the Appurtenances, situate in Fleet Street, London, Part of the Petitioner's settled Estate; and for settling another Estate, in the County of Middlesex, of greater Value, which he hath lately articled for the Purchase of, to the same Uses, in Lieu thereof:

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

Barry et al. Petition referred to Judges.

Upon reading the Petition of Richard Barry and Arthur Barry, Two of the Younger Sons of James Earl of Barrymore in the Kingdom of Ireland, deceased, and also of John Smith Barry, another of the Younger Sons of the said Earl, for himself and on Behalf of his Two Insant Sons; praying Leave to bring in a Bill, for vesting a competent Part of certain Estates comprised in the Settlements and Will of James late Earl of Barrymore, deceased, in Trust, for raising Money, to discharge Debts and Encumbrances, by such Ways and Means as shall be thought proper, just, and reasonable:

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 Foster; 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.

Lade's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for vesting Part of the settled Estate of John Lade the Younger and Hester his Wife, situate at Barham in the County of Kent, in Trustees, to be sold; and for laying out the Money to arise by such Sale in the Purchase of other Lands, to be settled to the same Uses," stands committed, be revived; and meet To-morrow.

Cliston and Bootham, Yorkshire, Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for extinguishing the Right of Average in and upon all the ancient Enclosures in the Township of Clifton in the County of York, and in Bootham in the Suburbs of the City of York; and for dividing and enclosing the Common and Moor of Clifton aforesaid."

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.

Woodford Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Waste Grounds, in the Manor and Parish of Woodford, in the County of Northampton."

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.

Urquhart to enter into a Recognizance on Cunison's Appeal.

The House being moved, "That Mr. George Urquhart may be permitted to enter into a Recognizance for Archibald and James Cunison, on account of their Appeal depending in this House; they living in Scotland:"

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

Renforth peremptorily to answer Belchier's Appeal.

The House was informed, "That John Renforth, Respondent to the Appeal of William Belchier 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 William Johnston, Clerk to Richard Clark of The Old South Sea House London Gentleman, of the due Service of the said Order, being read:

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

E. of Abercorn against Wallace.

The Answer of Andrew Wallace, Writer to the Signet, to the Appeal of James Earl of Abercorn, was this Day brought in.

Adjourn.

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

DIE Martis, 22^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thom against Dalrymple et al.:

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of William Thom Advocate in Aberdeen, Doctor John Chalmers Principal, Alexander Burnet Sub-Principal, Roderick Macleod and John Leslie Regents, in the King's College of Old Aberdeen, George Burnett of Kemnay Esquire as Rector, and Messieurs Thomson, Robertson, Skene, and Burnet, as Procuratores Nationum of the University of Old Aberdeen; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 2d and 10th Days of March 1762; and praying, "That the same might be reversed; or that the Appellants might have such other Relief as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of David Dalrymple Esquire Advocate in Edinburgh, John Lumsden Professor of Divinity, George Gordon Professor of Oriental Languages, Doctor John Gregory Professor of Medicine, Thomas Gordon Humanist, Thomas Reid Regent of The King's College of Aberdeen, George Middleton Esquire Rector, Theodore Gordon, Patrick Wilson, Charles Forbes, and Thomas Mosman, the Procuratores Nationum duly elected by the University of Old Aberdeen, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed, with Costs.

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 of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the Respondents, the Sum of Fifty Pounds, for their Costs in respect of the said Appeal.

D. of Newcastle et al. Petition referred to Judges.

Upon reading the Petition of Thomas Holles Duke of Newcastle, Henry Earl of Lincoln, on Behalf of his Three Infant Sons, by Katherine Countess of Lincoln, deceased, who was the Eldest Daughter of the Right Honourable Henry Pelham Esquire, deceased, and Margaret Cavendishe Dutchess of Portland, and William Henry Cavendishe Duke of Portland; praying Leave to bring in a Bill, for confirming and establishing an Exchange agreed to be made, between the Petitioners the Duke of Newcastle and the Dutchess of Portland, of certain Parts of their settled Estates in the County of Nottingham; and for settling the Lands given in Exchange to each Party to such Uses as the Lands for which the same are exchanged stood settled:

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.

Master and Fellows of Clare Hall, Cambridge, Petition referred to Judges.

Upon reading the Petition of the Master, Fellows, and Scholars, of the College of Clarehall in the University of Cambridge; praying Leave to bring in a Bill, for Sale of One Thousand Five Hundred Pounds Bank Stock; to place out the Money in the Purchase of Lands; and for settling the same, with other Freehold and Leasehold Estates in the Petition mentioned, for augmenting the Vicarages of Everton and Great Gransden, for the Benefit of the Fellows of the said College:

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.

Nightingales, &c. Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from a Place called Nightingales in the Township of Heath Charnock, to the Bridge at the West End of the Town of Bolton in the Moors, in the County Palatine of Lancaster."

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

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

Godmanchester to New market Heath; Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers granted by an Act made in the Eighteenth Year of the Reign of His late Majesty King George the Second, intituled, An Act to repair and widen the Road leading from Godmanchester in the County of Huntingdon, through Fen Stanton and Cambridge, to the First Rubbing House on Newmarket Heath in the County of Cambridge."

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 Thursday next, at the usual Time and Place; and to adjourn as they please.

Lade's Bill.

The Lord St. John of Bletsoe reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the settled Estate of John Lade the Younger and Hester his Wife, situate at Barham in the County of Kent, in Trustees, to be sold; and for laying out the Money to arise by such Sale in the Purchase of other Lands, to be settled 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.

Dunbar & al. against Wilson.

Upon reading the Petition and Appeal of John Dunbar, Christopher Scandrett, and Martin Goble, of London, Merchants; complaining of an Order of the Court of Chancery, of the 19th Day of this Instant February; and praying, "That the same may be reversed; or that this House will be pleased to give the Appellants such other Relief as to their Lordships shall seem meet; and that Robert Wilson may be required to answer the said Appeal:"

It is Ordered, That the said Robert Wilson may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 7th Day of March next.

Master and Fellows of Jesus College Petition referred to Judges.

Upon reading the Petition of the Master or Keeper of the College of The Blessed Virgin St. Mary, St. John the Evangelist, and The Glorious Virgin St. Rhadegund (commonly called Jesus College), near Cambridge, in the County of Cambridge, and the Fellows and Scholars of the same College; praying Leave to bring in a Bill; for Sale of Bank Annuities in the Petition mentioned; and for laying out the same, with Two other Sums of Money, in the Purchase of Lands; and appropriating the Lands so to be purchased, and Fifteen Parts out of Twenty-one of the Impropriate Rectory of Hundon, to augment the Rectories of Harlton and Gravely, and the Vicarages of Swansey and Elmstead, for the Benefit of the Fellows of the said College:

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.

Marine Forces regulating, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

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 Thursday next.

Hill, to take the Name of Medlycott, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling Ann Barbara Hill Medlycott to take and use the Surname and Arms of Medlycott, pursuant to the Will of Thomas Medlycott Esquire, deceased."

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. Bonner and Mr. Anguish:

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

Cunison against Marshal.

The Answer of David Marshall, to the Appeal of Archibald Cunison and James Cunison, was this Day brought in.

Adjourn.

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

DIE Jovis, 24^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Godmanchester to Newmarket Heath; Road, Bill.

The Lord Hay reported from the Lords Committees to whom the Bill, intituled, "An Act to enlarge the Term and Powers granted by an Act made in the Eighteenth Year of the Reign of His late Majesty King George the Second, intituled, "An Act to repair and widen the Road leading from Godmanchester in the County of Huntingdon, through Fen Stanton and Cambridge, to the First Rubbing House on Newmarket Heath in the County of Cambridge," 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."

Cliston and Bootham, Yorkshire Enclosure, Bill.

The Lord Hay also reported from the Lords Committees to whom the Bill, intituled, "An Act for extinguishing the Right of Average in and upon all the ancient Enclosures in the Township of Cliston in the County of York, and in Bootham in the Suburbs of the City of York; and for dividing and enclosing the Common and Moor of Cliston aforesaid," 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."

Woodford Enclosure, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Waste Grounds, in the Manor and Parish of Woodford, in the County of Northampton," 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."

Lade's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estate of John Lade the Younger and Hester his Wife, situate at Barham, in the County of Kent, in Trustees, to be sold; and for laying out the Money to arise by such Sale in the Purchase of other Lands, to be settled 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. Anguish and Mr. Graves:

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

Address for a State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 11th of January 1762, and the 11th of January 1763; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 25th Day of December 1716, the said Fund hath been applied."

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

D. of Marlborough, Pet. referred to Judges.

Upon reading the Petition of the most Noble George Duke of Marlborough, and of the Right Honourable John Lord Viscount Spencer, on Behalf of himself and of the Honourable George Spencer, his Son, an Infant under the Age of Twenty-one Years, and of the Right Honourable Charles Spencer, commonly called Lord Charles Spencer, and of the Right Honourable John Lord Trevor Baron of Broomham, as Guardian, and on Behalf, of the Right Honourable Robert Spencer, commonly called Lord Robert Spencer, an Infant under the Age of Twenty-one Years; praying Leave to bring in a Bill, for discharging certain Estates in Bedfordshire from the Trusts and Agreements contained in the Indentures of the 29th and 30th of May 1760, in the Petition mentioned; and for settling other Estates, and making further Provision, 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. 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.

Dashwood & al. Petition referred to Judges.

Upon reading the Petition of Samuel Dashwood Esquire and Ann Dashwood his Wife, for themselves, and on the Behalf of Francis Bateman Dashwood their only Son, and of Ann Katherine Dashwood, Diana Dashwood, and Sophia Dashwood, their Three Daughters, all Infants; and also of Katherine Dashwood and Ann Dashwood, Sisters of the said Samuel Dashwood; praying Leave to bring in a Bill, for vesting divers Messuages, Buildings, Lands, and Hereditaments, in the City of London and County of Middlesex, in Trustees, to be sold; and for applying the Money arising by such Sale for the several Purposes therein mentioned:

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 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.

Paterson, & Ux. Petition referred to Judges.

Upon reading the Petition of John Paterson Esquire and Jane his Wife; praying Leave to bring in a Bill, for authorizing the Executors of John Hope Esquire, deceased, to assign and make over to John Thornton and Thomas Hankin Twenty Thousand Pounds, as Part of the Petitioner Jane's Share of the Personal Estate of the said John Hope, in Trust, for the Uses and Purposes therein mentioned:

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

Marine Forces regulating, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

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."

Hazeland's Divorce Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of William Hazeland Clerk with Mary Walley his now Wife, and to enable him to marry again; and for other Purposes therein mentioned; and for hearing Counsel for and against the same:"

Counsel were accordingly called in:

And Mr. Walker appearing as Counsel for the Bill; but no Counsel appearing, on Behalf of Mrs. Hazeland, against it:

James Baden Carpenter was called in, to prove Service of the Order; who, being sworn, acquainted the House, "That he served Mrs. Hazelana personally with the Order of this House, for the Second Reading of the Bill, on the 19th Day of January last, at the House of Mr. Vallach, Surgeon in White Chapel; and, at the same Time, delivered to her a Copy of the Bill."

And then he was directed to withdraw.

And the said Bill was read a Second Time.

And the Counsel was heard, in Support of the Bill, and to make out the Allegations thereof; and, in order to prove the Marriage, called

Doctor Richard Hind; who, being sworn, acquainted the House, "That, in November 1754 he married Mr. Hazeland to his said Wife, in the Church of Bishop Stortford, in Hertfordshire."

And then he withdrew.

Then Mary Ealand was called, in order to prove the Adultery; who, being sworn, gave an Account, That she lived as a Servant with Mr. and Mrs. Hazeland, at their House in Hertford, in the Year 1761; and, having a Suspicion of a Criminal Conversation between her Mistress and Mr. John Nicholls, she, on Sunday the 25th of January in that Year, looked through the Key Hole of the Chamber Door where the said John Nicholls usually lay at Mr. Hazeland's, and there saw the said John Nicholls and Mrs. Hazeland alone together in the said Bed-chamber, and saw the said John Nicholls lay Mrs. Hazeland down upon the Bed, and her Clothes up; that she could see her quite naked up to her Middle; and the said John Nicholls let down his Breeches, and lay upon her; and that they had Carnal Knowledge of each other; and that her Fellow Servant, whom she called, saw the same."

Being asked, "Whether she is a married Woman?" says, "She is."

She is directed to withdraw.

And Ann Franell, another Servant of Mr. Hazeland, was called in, and sworn; and proved the same as the former Witness, she being with her at that Time; and further gave an Account, "That, on the next Day, being Monday the 26th of January, 1761, she concealed herself under the Bed, in her Mistress's Bedchamber, about Nine o'Clock in the Evening; that her Mistress came into the Room, and went into a Closet which is between the said Room and Mr. Nicholls' Bed-chamber; and very soon after the said John Nicholls came into the Closet, there being a Door from the said Closet to his Bed-chamber, as well as a Door from the Closet to her Mistress's Bedchamber; which last Door being left open, she saw Mrs. Hazeland lay herself down on the Floor in the Closet, and pull up her Petticoats herself, and the said John Nicholls let down his Breeches and lay upon her; and that they had Carnal Knowledge of each other."

Being asked, "Whether she is a married Woman?" says, "She is."

She was directed to withdraw.

Then William Skelton, Register of the Consistory Court of the Bishop of London, was called; and, being sworn, produced the Original Definitive Sentence of Divorce of the said Court, against the said Mrs. Hazeland, for Adultery.

And the same was read.

And then he withdrew.

And Thomas Phillips, Keeper of the Records of the King's Bench, was called; and, being sworn, produced the Original Record of the Judgement of the Court of King's Bench, obtained against the said John Nicholls, upon an Action brought against him by Mr. Hazeland, for the said Criminal Conversation.

And the same was read.

The Evidence being finished; the Counsel was directed to withdraw.

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

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

Causes removed.

Ordered, That the Cause wherein the Lord Robert Manners and others are Appellants, and Stephen Moore Esquire and others are Respondents, which stands appointed for To-morrow, be put off till Tuesday next; and that the Cause which stands appointed for Monday next be put off to Wednesday next; and that the other Causes be removed in Course.

Beaghan's Petition referred to Judges.

Upon reading the Petition of Penelope Beaghan Spinster, and George Edmund Beaghan, an Infant; praying Leave to bring in a Bill, for vesting the Estate of the said George Edmund Beaghan the Infant, in the Counties of Kent and Sussex, in Trustees, to sell and convey the same, pursuant to an Agreement entered into for that Purpose:

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

Kirkby Kendal, &c. Road, Bill.

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

With a Bill, intituled, "An Act for repairing, widening, and keeping in Repair, the Road from Kirkby Kendall in the County of Westmorland, to Kirkby Ireleth in the County of Lancaster;" to which they desire the Concurrence of this House.

Huber's Nat. Bill.

A Message was brought from the House of Commons, by Sir Jarrit Smith and others:

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

Further Time for qualifying for Offices, Bill.

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

With a Bill, intituled, "An Act to indemnify such as have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace, Deputy Lieutenants, and Officers of the Militia, or others, who have omitted to register or deliver in their Qualifications within the Time limited by Law; and for giving further Time for those Purposes; and for the making and filing of Affidavits of Articles of Clerkship;" to which they desire the Concurrence of this House.

The said Three Bills were severally read the First Time.

Leave for a Bill, for enclosing Common Fields in Gilsborough and Coton, in Northamptonshire.

Upon reading the Petition of the Impropriators of Guilsborough and Coton, in the County of Northampton, and of the Vicars and Incumbents thereof; and of the Freeholders, Owners, and Proprietors of Lands, in the Open and Common Fields of Guilsborough and Coton aforesaid, whose Names are thereunto subscribed, on Behalf of themselves and the rest of the Owners of Land there; praying Leave to bring in a Bill, for dividing and enclosing the said Open and Common Fields into just Allotments and Proportions, in such Manner, and under such Regulations, as to their Lordships shall seem meet:

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

Child's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Josiah Child, an Infant of the Age of Nine Years."

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

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

Adjourn.

Ds. Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 25^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker.

Dunbar & al. against Wilson.

The Answer of Robert Wilson, Respondent to the Appeal of John Dunbar and others, was this Day brought in.

Nightingales and Bolton in Moors, Road, Bill.

The Lord Hay reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road from a Place called Nightingales in the Township of Heath Charnock, to the Bridge at the West End of the Town of Bolton in the Moors, in the County Palatine of Lancaster," 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."

Newmarket to Stump Cross, Road, Bill.

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

With a Bill, intituled, "An Act for repairing the Road from Newmarket to the Turnpike Road leading to Stump Cross, in the Counties of Cambridge and Suffolk;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Godmanchester to Newmarket Heath, Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers granted by an Act made in the Eighteenth Year of the Reign of His late Majesty King George the Second, intituled, An Act to repair and widen the Road leading from Godmanchester in the County of Huntingdon, through Fen Stanton and Cambridge, to the First Rubbing House on Newmarket Heath in the County of Cambridge."

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

It was Resolved in the Affirmative.

Clifton to Bootham, Yorkshire, Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for extinguishing the Right of Average in and upon all the ancient Enclosures in the Township of Cliston in the County of York, and in Bootham in the Suburbs of the City of York; and for dividing and enclosing the Common and Moor of Cliston aforesaid."

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

It was Resolved in the Affirmative.

Woodford Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Waste Grounds, in the Manor and Parish of Woodford, in the County of Northampton."

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

It was Resolved in the Affirmative.

Marine Forces regulating, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

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 Four preceding Bills.

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

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

His Majesty's Answer to the Address for a State of the National Debt.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, for a State of the National Debt; and that His Majesty was pleased to say, "He would give Directions, that the same be laid before the House accordingly."

Kirkby Kendall, Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing, widening, and keeping in Repair, the Road from Kirkby Kendall in the County of Westmorland, to Kirkby Ireleth in the County of Lancaster."

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

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

Kettlar et al. Petition to be added to D'Orville's Nat. Bill.

Upon reading the Petition of John Vallraht Kettler, Cornelius Gerhard Kettler, and James Shedel; praying, That their Names may be inserted in the Bill now depending before their Lordships, for naturalizing John D'Orville and Michael Wiegand:"

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

D'Orvitle & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John D'Orville and Michael Wiegand."

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 Thursday next, at the usual Time and Place; and to adjourn as they please.

Petition of Kettler referred to Committee.

Ordered, That the Petition of John Vallraht Kettler, Cornelius Gerhard Kettler, and James Shedel; praying, "That their Names may be inserted in the said Bill," be referred to the said Committee.

Chollet & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Samuel Chollet, John Francis, Gabriel Bize, and Samuel Grellet."

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.

Huber's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Abraham Huber."

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.

Further Time for qualifying for Offices; &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to indemnify such as have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace, Deputy Lieutenants, and Officers of the Militia, or others, who have omitted to register or deliver in their Qualifications within the Time limited by Law; and for giving further Time for those Purposes; and for the making and filing of Affidavits of Articles of Clerkship."

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

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

Hazeland's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to dissolve the Marriage of William Hazeland Clerk with Mary Walley his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

After some Time, the House was resumed.

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

Sir W. Maynard, and Master and Fellows of Jesus College, Petition referred to Judges.

Upon reading the Petition of the Master, Fellows, and Scholars, of Jesus College in the University of Cambridge, and of Sir William Maynard Baronet; praying Leave to bring in a Bill, to empower the said Master, Fellows, and Scholars, to convey the Inheritance of certain Lands, in the Counties of Essex and Cambridge, to the Petitioner Sir William Maynard, subject to a Lease thereof made by the said College:

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 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.

Joye's Pet. referred to Judges.

Upon reading the Petition of Mary Joye Widow, Charles Joye and Peter Joye Esquires; praying Leave to bring in a Bill, for vesting several Messuages, Lands, and Tenements, late the Estate of James Joye Esquire, deceased, situate in the Parish of Saint Mary le Strand, in the County of Middlesex, in new Trustees; and to enable them to make Building Leases thereof:

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

Adjourn.

Ds. Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, primum diem Martii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.