Pages 340-351
Journal of the House of Lords Volume 30, 1760-1764. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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In this section
March 1763, 1-10
DIE Martis, 1o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker.
Wood against Daly.
The Answer of Catherine Daly Widow, to the Appeal of Alexander Woods:
Espinasse against Espinasse & al.
And the Answer of William Espinasse Esquire, Thomas Colley Esquire and Isabella his Wife, William Luffingham Esquire and Frances his Wife, Alexander M' Aulay Esquire, and Robert Hamilton Esquire, to the Appeal of Isaac Espinasse Esquire and Mary his Wife;
Were this Day brought in.
Earl Kerr takes his Seat.
This Day John Earl Kerr sat first in Parliament after the Death of his Father Robert Earl Kerr; 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.
Ld Edgecumbe takes the Oaths.
George Lord Edgecumbe also took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.
State of the Nation to be considered.
Ordered, That this House will, on Monday next, take into Consideration the State of the Nation; and the Lords to be summoned.
Ld. Robert Manners & al. against Moore & al.
After hearing Counsel in Part, in the Cause wherein the Lord Robert Manners and others are Appellants, and Stephen Moore Esquire and others are Respondents:
It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Cause which stands for To-morrow be put off till Friday next; and that the other Causes be removed in Course.
Nightingales and Bolton in the Moors, Road, Bill:
Hodie 3a 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."
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. Graves and Mr. Pechell:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Adjourn.
Ds. Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, secundum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 2o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker.
Belchier against Renforth.
The Answer of John Renforth, to the Appeal of William Belchier Esquire and others, was brought in.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein James Earl of Abercorn is Appellant, and Andrew Wallace 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.
Cunison against Marshall.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Archibald Cu nison Merchant and James Cunison are Appellants, and David Marshall 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.
Espinasse & Ux. against Lowe & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Isaac Espinasse Esquire and his Wife are Appellants, and Eusebius Lowe and others are Respondents:"
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.
Dunbar & al. against Wilson et al.
The House being moved, "That Tuesday next may be appointed, for hearing the Cause wherein John Dunbar and others are Appellants, and Robert Wilson is Respondent:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday next.
Child's Nat. Bill.
The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Josiah Child, an Infant of the Age of Nine Years," 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.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Road from Newmarket, over Newmarket Heath, to the Turnpike Road leading to Stump Cross, in the Counties of Cambridge and Suffolk."
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.
Ld. Robert Manners & al. against Moore & al.
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of the Honourable Robert Manners, commonly called Lord Robert Manners, and Mary his Wife, Sir Cecil Bishop Baronet, and Hutchinson Mure Esquire (which Appeal, upon the Death of Alice Moore, One of the Respondents thereto, was, by Order of this House, of the 29th Day of November last, revived against Stephen Moore the Younger, her Heir at Law); complaining of an Order of the Court of Chancery in Ireland, of the 29th Day of June, 1761; and praying, "That the said Order might be reversed or set aside; and that the Appellants might have such other Relief in the Premises as the Nature and Circumstances of the Case might require:" As also upon the Answer of Stephen Moore Esquire and Alice Moore otherwise Colvill his Wife, and the Answer of the said Stephen Moore the Younger, put in to the said Appeal; 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 Petition and Appeal be, and is hereby, dismissed this House; and that the said Order therein complained of be, and the same is hereby, affirmed.
Kettler & al. sworn, in order to their Naturalization.
John Vallraht Kettler, Cornelius Gerhard Kettler, and James Shedel, took the Oaths appointed, in order to their Naturalization."
Causes removed.
Ordered, That the Cause wherein Alexander Duke of Gordon and his Curators are Appellants, and James Earl of Moray and William Earl of Fife are Respondents, which stands appointed for Friday next, be put off to Wednesday next; and that the other Causes on Causedays be removed in Course.
Adjourn.
Ds. Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tertium diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 3o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker.
Chollet & al. Nat. Bill.
The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Samuel Chollet, John Francis Gabriel Bize, and Samuel Grellet," 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."
Huber's Nat. Bill.
The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Abraham Huber," 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."
D'Orville's and Wregand's Nat. Bill.
The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, An Act for naturalizing John D'Orville and Michael Wiegand," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and had also considered the Petition to them referred; and that the Committee had gone through the Bill, and had made some Amendments thereto, by adding the Names of the Petitioners."
Which Amendments, being read Twice by the Clerk, were agreed to by the House.
Commissioners of Land Tax, Bill.
A Message was brought from the House of Commons, by Mr. Alderman Dickinson and others:
With a Bill, intituled, "An Act for rectifying Mistakes in the Names of several of the Commissioners appointed, by an Act made in the last Session of Parliament, to put in Execution an Act made in the same Session, 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-two; and for appointing other Commissioners, together with those named in the first-mentioned Act, to put in Execution an Act of this Session of Parliament, 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-three;" to which they desire the Concurrence of this House.
River Ludd, Navigation of, Bill.
A Message was brought from the House of Commons, by Mr. Whichcot and others:
With a Bill, intituled, "An Act for making a Navigation from the River Humber, by a Canal or Cut, at or near Tetney Haven, to the River Ludd in the Parish of Alvingham in the County of Lincoln; and for continuing the said Navigation, in or near the said River, from thence to or near the Town of Louth, in the said County;" to which they desire the Concurrence of this House.
The said Two Bills were read the First Time.
Hazeland's Divorce, Bill:
Hodie 3a vice lecta est Billa, 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."
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. Graves and Mr. Pechell:
To carry down the said Bill, and desire their Concurrence thereto.
Nedham, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Catherine Nedham Widow, Mother and Guardian of William Nedham, Youngest Son of Robert Nedham Esquire, deceased, and of George Nedham Esquire, Eldest Son and Heir of the said Robert Nedham; 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 for carrying into Execution an Agreement between the Governors and Guardians of the Hospital for the Maintenance and Education of exposed and deserted young Children and Robert Nedham Esquire, deceased, relating to an Estate in the Island of Jamaica, devised by the Will of Henry Nedham Esquire, deceased; and to authorize the Sale of the said Estate."
Child's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Josiah Child, an Infant of the Age of Nine Years."
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.
Greetham Enclosure, Bill.
A Message was brought from the House of Commons, by Sir Edward Bayntun and others:
With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Heath, and Waste Grounds, within the Manor and Parish of Greetham, in the County of Rutland;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Belchier & al. against Renforth.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Belchier Esquire and others are Appellants, and John Renforth 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.
Further Time to qualify for Offices, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee on the 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."
After some Time, the House was resumed.
And the Lord Willoughby reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Adjourn.
Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 7o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker.
D. of Bedford, Lands in Tavistock to vest in him, Bill.
A Message was brought from the House of Commons, by Mr. Rigby and others:
With a Bill, intituled, "An Act for vesting certain Lands, Tenements, Rents, and Hereditaments, in the Parish of Tavistock, in the County of Devon, and elsewhere, in his Grace John Duke of Bedford; and for settling and assuring, in Lieu thereof, a Rent Charge of greater Value, to be issuing out of Lands and Tenements belonging to the said Duke, for the Purposes in the Bill mentioned;" to which they desire the Concurrence of this House.
Draycott Enclosure, Bill.
A Message was brought from the House of Commons, by Sir Jarrit Smith and others:
With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, in the Manor of Draycott, in the Parish of Wilne, in the County of Derby;" to which they desire the Concurrence of this House.
Scropton Enclosure, Bill.
A Message was brought from the House of Commons, by the Lord George Cavendish and others:
With a Bill, intituled, "An Act for dividing and enclosing the several Open and Common Fields, Common Meadows, Commons, and Waste Grounds, within the Manor and Parish of Scropton, in the County of Derby;" to which they desire the Concurrence of this House.
Carmarthenshire Roads, Bill.
A Message was brought from the House of Commons, by Mr. Rice and others:
With a Bill, intituled, "An Act for repairing, widening, and keeping in Repair, the High Road leading from the Fourteen Mile Stone in the Parish of Mothvey in the County of Carmarthen, through Llandovery, to Llydiad y Gwyn in the Parish of Llandilo-vawr; and from thence, by Cledfulch, and over Duless Bridge, to the Town of Llandilo-vawr; and from the said Town, along the Post Road by Rhwyrader, through the County Borough of Carmarthen and Village of Saint Clears, to Tavern Spite in the Parish of Kiffig at the Borders of the County of Pembroke;" to which they desire the Concurrence of this House.
Lowson Enclosure, Bill.
A Message was brought from the House of Commons, by Mr. Shuttleworth and others:
With a Bill, intituled, "An Act for dividing and enclosing several Commons and Waste Grounds, within the Manor and Township of Lowton, in the County of Lancaster;" to which they desire the Concurrence of this House.
Message from H. C. to return Chaillet and Du Bois' Nat. Bill.
A Message was brought from the House of Commons, by Mr. Mawbey and others:
To return the Bill, intituled, "An Act for naturalizing Rodolff Nicholas Chaillet and Abraham Du Bois;" and to acquaint this House, that they have agreed to the same, without any Amendment."
Astley Enclosure, Bill.
A Message was brought from the House of Commons, by Mr. Shuttleworth and others:
With a Bill, intituled, "An Act for dividing, enclosing, and allotting, the Commons and Waste Grounds, Moss Rooms, and Parcels of Moss Grounds, within the Manor and Township of Astley, in the County Palatine of Lancaster;" to which they desire the Concurrence of this House.
Newmarket to Stump Cross, Road, Bill.
The Duke of Portland reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road from Newmarket, over Newmarket Heath, to the Turnpike Road leading to Stump Cross, in the Counties of Cambridge and Suffolk," 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."
Kirkby Kendal Road, Bill.
The Earl of Suffolk reported from the Lords Committees to whom the 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," 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."
Greetham Enclosure, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Heath, and Waste Grounds, within the Manor and Parish of Greetham, in the County of Rutland."
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.
River Ludd, Navigation, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for making a Navigation from the River Humber, by a Canal, or Cut, at or near Tetney Haven, to the River Ludd in the Parish of Alvingham in the County of Lincoln; and for continuing the said Navigation, in or near the said River, from thence to or near the Town of Louth, in the said County."
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.
Nedham's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for carrying into Execution an Agreement, between the Governors and Guardians of the Hospital for the Maintenance and Education of exposed and deserted Young Children and Robert Nedham Esquire, deceased, relating to an Estate in the Island of Jamaica, devised by the Will of Henry Nedham Esquire, deceased; and to authorize the Sale of the said Estate."
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 22d Day of this Instant March; and to adjourn as they please.
Commissioners of Land Tax, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for rectifying Mistakes in the Names of several of the Commissioners appointed, by an Act made in the last Session of Parliament, to put in Execution an Act made in the same Session, 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-two; and for appointing other Commissioners, together with those named in the First-mentioned Act, to put in Execution an Act of this Session of Parliament, 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 Sixtythree."
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.
Bread, Price and Assize of, in Scotland, Bill.
A Message was brought from the House of Commons, by the Lord Advocate of Scotland and others:
With a Bill, intituled, "An Act for explaining and amending an Act made in the Thirty-first Year of the Reign of His late Majesty King George the Second, intituled, "An Act for the due making of Bread, and to regulate the Price and Assize thereof; and to punish Persons who shall adulterate Meal, Flour, or Bread," so far as the same relates to that Part of Great Britain called Scotland; and for rendering the said Act more effectual in that Part of the United Kingdom;" to which they desire the Concurrence of this House.
Qualifying for Offices, to allow further Time for, Bill:
Hodie 3a 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."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Huber's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Abraham Huber."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Chollet & al. Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Samuel Chollet, John Francis, Gabriel Bize, and Samuel Grellet."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Three preceding Bills.
And Message were severally ordered to be sent to the House of Commons, by Mr. Bennett and Mr. Edwards:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
D'Orville's and Wiegand's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John D'Orville and Michael Wiegand."
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.
State of the Nation considered:
The Order of the Day being read, for taking into Consideration the State of the Nation:
Motion for Accompts of Money expended for the Armes in Germany:
It was moved, "That an humble Address be presented to His Majesty, That He will be graciously pleased to give Directions, that there be laid before this House, an Accompt of all Sums expended for the Service of the Armies in Germany, from the Commencement of the late War; distinguishing the Expenses of each Year, and the particular Service to which each Sum has been applied, and to whom issued."
Which being objected to:
After Debate;
The Question was put, upon the said Motion.
It was Resolved in the Negative.
Motion for a Last of Contracts for the Army in Germany in 1758:
Then it was moved, "That an humble Address be presented to His Majesty, that He will be graciously pleased to give Directions, that there be laid before this House, a List of all Contracts made for the Service of His Majesty's Armies in Germany, for the Year 1758; distinguishing for what Purpose each Contract was made, and with whom."
Which being likewise objected to:
After Debate;
The Question was put, upon the said Motion.
It was Resolved in the Negative.
Address for a List of Commissioned Officers of the Army.
Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that a List of the Commissioned Officers, composing each separate Regiment of His Majesty's Land Forces, as they stood on the First Day of January 1763, as also the Dates of each of their several Commissions, may be laid before this House."
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
Adjourn.
Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, octavum diem instantis Marii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 8o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker.
Report of Committee, relating to Cross Appeals.
The Lord Willoughby of Parham reported from the Lords Committees appointed to consider of the Order of this House, of the 4th of March 1726, limiting a Time for exhibiting Cross Appeals, and to report what they shall think proper thereupon to the House: "That the Committee had met, and considered the Matter to them referred; and are of Opinion, that, for the future, if the Respondent or Respondents to any Appeal depending in this House shall be desirous to exhibit a Cross Appeal, they shall present the same within One Week after their Answer put in to the Original Appeal; otherwise the same shall not be received."
Which Report, being read by the Clerk, was agreed to by the House.
Accordingly,
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, for the future, if the Respondent or Respondents to any Appeal depending in this House shall be desirous to exhibit a Cross Appeal, they shall present the same within One Week after their Answer put in to the Original Appeal; otherwise the same shall not be received.
Then it being moved, "That the same be made a Standing Order:"
Ordered, That the said Motion be taken into Consideration on Thursday next; and the Lords to be summoned.
Evenwood Moor Enclosure, Bill.
A Message was brought from the House of Commons, by Mr. Vane and others:
With a Bill, intituled, "An Act for enlarging the Times appointed by an Act passed in the Second Year of the Reign of His present Majesty, for dividing and enclosing a certain Moor, or Common, within the Manor of Evenwood and Chapelry of Saint Helen's Auckland, and County of Durham, for certain Arbitrators therein named to make their Awards; and for certain Commissioners therein mentioned to set out, divide, and allot, the said Moor or Common;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
State of National Debt delivered.
The House being informed, "That Mr. Wilford, from the Exchequer, attended:"
He was called in; and delivered, at the Bar, pursuant to their Lordships Address to His Majesty,
"A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 11th Day of January 1762, and on the 11th Day 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."
And then he withdrew.
And the Title thereof being read by the Clerk:
Ordered, That the said State do lie on the Table.
Dunbar & al. to amend their Appeal.
A Petition of John Dunbar, Christopher Scandrett, and Martin Goble, Appellants in a Cause depending in this House, which stands appointed for Hearing this Day, was presented, and read; setting forth, "That the Petitioners brought their Appeal to this House from an Order of the Court of Chancery, made so late as the 19th Day of last Month, to which Appeal Robert Wilson only is named as Respondent; and that the Petitioners are advised, it will be necessary for all the Persons named as Parties in the Cause below to be made Parties to this Appeal;" and therefore praying, "That they may be at Liberty to amend their said Appeal, by adding Parties as they shall be advised."
And thereupon the Agents on both Sides were called in, and heard at the Bar.
And being withdrawn:
Ordered, That the Petitioners do pay, or cause to be paid, to the said Respondent Robert Wilson, the Sum of Twenty Pounds, for the Costs of the Day; and that they be at Liberty to amend their said Appeal, by adding proper Parties forthwith; they amending the Respondent's Copy.
Newmarket to Stump Cross Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Road from Newmarket, over Newmarket Heath, to the Turnpike Road leading to Stump Cross, in the Counties of Cambridge and Suffolk."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Kirkby Kendall Road, Bill:
Hodie 3a 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."
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. Bennett and Mr. Edwards:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Elphinston against Hay.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charles Elphinston Esquire is Appellant, and James Hay 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.
D. of Bedford, Lands in Tavistock to vest in him, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting certain Lands, Tenements, Rents, and Hereditaments, in the Parish of Tavistock in the County of Devon, and elsewhere, in his Grace John Duke of Bedford; and for settling and assuring, in Lieu thereof, a Rent Charge of greater Value, to be issuing out of Lands and Tenements belonging to the said Duke, for the Purposes in the Bill mentioned."
Ordered, That the Consideration of the said Bill 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 therein, and, after hearing them, and perusing a Copy of the Bill attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.
Lowton Enclosure, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Commons and Waste Grounds within the Manor and Township of Lowton, in the County of Lancaster."
Astley Enclosure, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for dividing, enclosing, and allotting, the Commons and Waste Grounds, Moss Rooms, and Parcels of Moss Grounds, within the Manor and Township of Astley in the County Palatine of Lancaster."
Bread, in Scotland, Price and Assize of, &c. Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for explaining and amending an Act made in the Thirty-first Year of the Reign of His late Majesty King George the Second, intituled, "An Act for the due making of Bread, and to regulate the Price and Assize thereof, and to punish Persons who shall adulterate Meal, Flour, or Bread," so far as the same relates to that Part of Great Britain called Scotland;" and for rendering the said Act more effectual in that Part of the United Kingdom."
Scropton Enclosure, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the several Open and Common Fields, Common Meadows, Commons, and Waste Grounds, within the Manor and Parish of Scropton in the County of Derby."
Carmarthenshire Roads, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for repairing, widening, and keeping in Repair, the High Road leading from the Fourteen Mile Stone in the Parish of Mothvey in the County of Carmarthen, through Llandovery, to Llydiady Gwyn in the Parish of Llandilo-vawr, and from thence, by Cledsulch and over Duless Bridge, to the Town of Llandilo-vawr, and from the said Town, along the Post Road by Rhwyradar, through the County Borough of Carmarthen and Village of Saint Clears, to Tavern Spite in the Parish of Kiffig at the Borders of the County of Pembroks."
Draycott Enclosure, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, in the Manor of Draycott, in the Parish of Wilne, in the County of Derby."
Commissioners of Land Tax, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for rectifying Mistakes in the Names of several of the Commissioners, appointed by an Act made in the last Session of Parliament, to put in Execution an Act made in the same Session, 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-two;" and for appointing other Commissioners, together with those named in the first-mentioned Act, to put in Execution an Act of this Session of Parliament, 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 Sixtythree."
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."
Lightburne & al. to amend their Appeal.
Upon reading the Petition of Willoughby Lightburne and others; setting forth, "That, on the 26th of November last, an Appeal was presented to this House, in the Name of the Petitioners, and of Stafford Lightburne the Elder, Clerk, as Administrator of Stafford (fn. 1) Lightburne the Younger, Clerk, deceased; and that, at the Time of giving Instructions for presenting the said Appeal, the said Stafford Lightburne was alive, but died before the said Appeal was presented; and the Petitioners Agent was not advised thereof; and that the Petitioner Willoughby Lightburne has obtained Administration of the Goods of the said Stafford Lightburne the Younger unadministered by the said Stafford Lightburne the Elder, as also Letters of Administration to the said Stafford Lightburne the Elder;" and therefore praying, "That they may be at Liberty to amend their said Appeal, by striking out the Name of the said Stafford Lightburne the Elder as a Party Appellant, and stating his Death, and the Administration granted to the Petitioner Willoughby Lightburne of his Effects and of the Effects of the said Stafford Lightburne the Younger unadministered by him, upon their amending the Respondent's Copy:"
It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, as desired; they amending the Respondent's Copy.
Adjourn.
Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 9o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker.
D. of Gordon & al. against E. of Moray and E. of Fife:
After hearing Counsel, upon the Petition and Appeal of Alexander Duke of Gordon and his Curators; complaining of an Interlocutor of the Lords of Session in Scotland, of the 27th of June 1761; and of an Interlocutor of the Lord Ordinary, of the 30th of June 1761; and of another Interlocutor of the Lords of Session, of the 29th of July 1761; and praying, "That the same might be reversed; or that this House would give the Appellants such Relief in the Premises as to their Lordships in their great Wisdom should seem meet." As also upon the Answer of James Earl of Moray and William Earl of Fife put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said 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.
His Majesty's Answer to Address for & List of the Officers of the Army.
The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty their Lordships Address, of Monday last, for a List of the Commissioned Officers of each separate Regiment of His Majesty's Land Forces, with the Dates of their several Commissions; and that His Majesty was pleased to say, He would give Directions that the same be laid before the House accordingly."
D. of Marlborough & al Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of his Grace the Duke of Marlborough 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 to discharge certain Manors and Lands, in the County of Bedford, the Estates of the most Noble George Duke of Marlborough, from certain Trusts and Agreements created and entered into by the said Duke, whereby the said Estates were to be settled on Lord Charles Spencer, Brother to the said Duke, and his Issue, in strict Settlement; and for settling other Lands and Hereditaments, in the County of Oxford, in Lieu thereof; and likewise for varying and carrying into Execution certain other Trusts and Agreements of the said Duke, for the making a Settlement of certain Manors and Lands, in the County of Lincoln, upon Lord Robert Spencer, now an Infant, another Brother of the said Duke, and his Issue, in like strict Settlement; and for other Purposes."
Barnstaple Roads, Bill.
A Message was brought from the House of Commons, by Mr. Buller and others:
With a Bill, intituled, "An Act for repairing, widening, and keeping in Repair, several Roads leading from the Town of Barnstaple in the County of Devon;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Evenwood Moor, Enclosure, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Times appointed by an Act passed in the Second Year of the Reign of His present Majesty, for dividing and enclosing a certain Moor, or Common, within the Manor of Evenwood and Chapelry of Saint Helen's Auckland, and County of Durham, for certain Arbitrators therein named to make their Awards; and for certain Commissioners therein mentioned to set out, divide, and allot, the said Moor, or Common."
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.
Scropton Enclosure, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the several Open and Common Fields, Common Meadows, Commons, and Waste Grounds, within the Manor and Parish of Scropton, in the County of Derby."
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.
Lowton Enclosure, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Commons and Waste Grounds within the Manor and Township of Lowton, in the County of Lancaster."
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 Monday next, at the usual Time and Place; and to adjourn as they please.
Astley Enclosure, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing, enclosing, and allotting, the Commons and Waste Grounds, Moss Rooms, and Parcels of Moss Grounds, within the Manor and Township of Astley, in the County Palatine of Lancaster."
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.
Draycott Enclosure, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, in the Manor of Draycott, in the Parish of Wilne, in the County of Derby."
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.
Carmarthenshire Roads, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing, widening, and keeping in Repair, the High Road leading from the Fourteen Mile Stone in the Parish of Mothvey in the County of Carmarthen, through Llandovery, to Llydiad y Gwyn in the Parish of Llandilovawr, and from thence, by Cledfulch and over Duless Bridge, to the Town of Llandilo-vawr, and from the said Town along the Post Road by Rhwyradar, through the County Borough of Carmarthen and Village of Saint Clears, to Tavern Spite in the Parish of Kiffig at the Borders of the County of Pembroke."
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 next, at the usual Time and Place; and to adjourn as they please.
Bread, in Scotland, Price and Affize of, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for explaining and amending an Act made in the Thirty-first Year of the Reign of His late Majesty King George the Second, intituled, "An Act for the due making of Bread, and to regulate the Price and Assize thereof, and to punish Persons who shall adulterate Meal, Flour, or Bread," so far as the same relates to that Part of Great Britain called Scotland; and for rendering the said Act more effectual in that Part of the United Kingdom."
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.
Commissioners of Land Tax, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for rectifying Mistakes in the Names of several of the Commissioners appointed, by an Act made in the last Session of Parliament, to put in Execution an Act made in the same Session, 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-two;" and for appointing other Commissioners, together with those named in the firstmentioned Act, to put in Execution an Act of this Session of Parliament, 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-three."
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. Bennett and Mr. Edwards:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Adjourn.
Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 10o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
D. of Marlborough's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to discharge certain Manors and Lands in the County of Bedford, the Estates of the most Noble George Duke of Marlborough, from certain Trusts and Agreements created and entered into by the said Duke, whereby the said Estates were to be settled on Lord Charles Spencer, Brother to the said Duke, and his Issue, in strict Settlement; and for settling other Lands and Hereditaments, in the County of Oxford, in Lieu thereof; and likewise for varying and carrying into Execution certain other Trusts and Agreements of the said Duke, for the making a Settlement of certain Manors and Lands in the County of Lincoln upon Lord Robert Spencer, now an Infant, another Brother of the said Duke, and his Issue, in like strict Settlement; and for other Purposes."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Friday the 24th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Barnstaple Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing, widening, and keeping in Repair, several Roads leading from the Town of Barnstaple, in the County of Devon."
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 next, at the usual Time and Place; and to adjourn as they please.
Countess of Anglesey & al. Appellants in Two Appeals to withdraw their Appeals, on Payment of Costs.
A Petition of the Right Honourable Juliana Countess of Anglesey, Appellant in an Appeal depending in this House, to which Ann Simpson, styling herself Countess of Anglesey, is Respondent; and of the said Juliana Countess of Anglesey and others, Appellants in another Appeal, to which Peter Dubois and others are Respondents, was presented, and read; setting forth, "That the Petitioners, on the 7th of December last, exhibited their said Appeals to their Lordships from different Orders of the Court of Chancery in Ireland, of the 21st of June 1762, over-ruling the Petitioners Pleas to the different Bills of the Respondents; that the Respondents did not put in their Answers to the said Appeals till the 7th Day of February last, and neither of the said Appeals have been yet set down for Hearing; nor are the Papers arrived from Ireland on either Side; that, in this Situation, the Session being so far advanced, the Petitioners are desirous rather to forego the Benefit of their Pleas, than retard the further Progress of the Causes to a Hearing in the Court below;" and therefore praying, "That they may be at Liberty to withdraw their said Appeals:"
And thereupon the Agents on both Sides were called in, and heard at the Bar.
And being withdrawn:
Ordered, That the Petitioners be at Liberty to withdraw their said Appeals, upon Payment of Ten Pounds Costs to the Respondents on each of the said Appeals.
Bread in Scotland, Price and Assize of, &c. Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for explaining and amending an Act made in the Thirty-first Year of the Reign of His late Majesty King George the Second, intituled, "An Act for the due making of Bread, and to regulate the Price and Assize thereof; and to punish Persons who shall adulterate Meal, Flour, or Bread," so far as the same relates to that Part of Great Britain called Scotland, and for rendering the said Act more effectual in that Part of the United Kingdom."
After some Time, the House was resumed.
And the Earl of Marchmont reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Order limiting the Time for preventing Cross Appeals made a Standing Order.
The House (according to Order) proceeded to take into consideration the Motion made on Tuesday last, for making the Order then agreed to, limiting a Time for exhibiting Cross Appeals, a Standing Order.
And the said Order being read; the same was declared to be a Standing Order, and ordered to be entered upon the Roll of the Standing Orders of this House, and printed and published, to the End all Persons concerned may the better take Notice of the same.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, undecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.