House of Lords Journal Volume 30: January 1764

January 1764

DIE Lunæ, 16^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Kinnaird against Hunter.

The Answer of James Hunter, to the Appeal of Charles Lord Kinnaird, was this Day brought in.

French against French & al.

The Answer of Robert French of Rahassane in the County of Galway in the Kingdom of Ireland, One of the Respondents to the Appeal of Robert French of the City of Dublin Esquire:

Also, the Answer of Patrick French, an Infant under the Age of Twenty-one Years, by Robert French of Moneva in the County of Galway Esquire, his Guardian, to the same Appeal:

And also, the Answer of Newton Radford of the City of Dublin Yeoman, One other of the Respondents, to the same Appeal;

Were this Day brought in.

Barber against Thomas & al.:

Upon reading the Petition of Nathaniel Thomas, Thomas Chisim, and William Coleman, Defendants in a Writ of Error brought into this House, wherein William Barber is Plaintiff in Error; praying, "In regard the said Plaintiff hath not assigned Errors within the Time limited by their Lordships Standing Order, that the said Writ of Error may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

Writ of Error Non pros'd, with Costs.

It is Ordered, That the said Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Delamayne against Brockway:

Upon reading the Petition of John Brockway, Defendant in a Writ of Error brought into this House, wherein Thomas Delamayne is Plaintiff in Error; praying, "In regard the said Plaintiff hath not assigned Errors within the Time limited by their Lordships Standing Order, that the said Writ of Error may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

Writ of Error Non pros'd, with Costs.

It is Ordered, That the said Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Vanderheyden against Dudbridge:

Upon reading the Petition of John Dudbridge, Defendant in a Writ of Error brought into this House, wherein Dirk Vanderheyden is Plaintiff in Error; praying, "In regard the said Plaintiff hath not assigned Errors within the Time limited by their Lordships Standing Order, that the said Writ of Error may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

Writ of Error Non pros'd, with Costs.

It is Ordered, That the said Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Vanderheyden against Clifford:

Upon reading the Petition of George Clifford Esquire, Defendant in a Writ of Error brought into this House, wherein Dirk Vanderheyden is Plaintiff in Error; praying, "In regard the said Plaintiff hath not assigned Errors within the Time limited by their Lordships Standing Order, that the said Writ of Error may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

Writ of Error Non pros'd, with Costs.

It is Ordered, That the said Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs, by reason of the Delay of the Execution of the said Judgement.

Goddard against Clifford:

Upon reading the Petition of George Clifford Esquire, Defendant in a Writ of Error brought into this House, wherein John Goddard is Plaintiff in Error; praying, In regard the said Plaintiff bath not assigned Errors within the Time limited by their Lordships Standing Order, that the said Writ of Error may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

Writ of Error Non pros'd, with Costs.

It is Ordered, That the said Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Beach, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Whaley to amend his Appeal.

Upon reading the Petition of Richard Chappel Whaley Esquire; setting forth, "That the Petitioner, on the First of December last, presented his Appeal to this House, to which Beauchamp Bagenall Esquire is Respondent; complaining of an Order of the Court of Chancery in Ireland, which, in the said Appeal, is said to be made on the 18th Day of June last; but that he since finds, by a Letter from Ireland, that there was a Mistake in the Date, the said Order not having been made till the 20th Day of the said Month of June; and that the Petitioner's Agent in Ireland, finding the said Mistake, did not serve their Lordships Order upon the said Respondent;" and therefore praying, "That he may be at Liberty to amend his said Appeal, by rectifying the said Mistake:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired; and that the Respondent may have a Copy of the said amended Appeal; and do put in his Answer thereto, in Writing, on or before Monday the 20th Day of February next.

M'Donald against M'Donald.

Upon reading the Petition and Appeal of Lieutenant John Mac Donald Younger of Moror; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 5th of February, 26th of July, and 24th of December, 1763; and praying, "That the same may be reversed or varied; and that this House would give the Appellant such other Relief in the Premises as to their Lordships in their great Wisdom shall seem just; and that Alexander Mac Donald may be required to answer the said Appeal:"

It is Ordered, That the said Alexander Mac Donald may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Monday the 13th Day of February next; and Service of this Order upon any of the Counsel or Agents of the said Respondent in the Court of Session in Scotland shall be deemed good Service.

Douglas against D. of Hamilton & al.

Upon reading the Petition and Appeal of Archibald Douglas of Douglas Esquire; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 21st of June 1763; and of Five Interlocutors of the Lords of Session there, of the 30th of June, 27th of July, 11th of August, and 21st and 24th of December, 1763; and praying, "That the same may be reversed, varied, or altered, so far as therein complained of; or that this House would grant the Appellant such other Relief in the Premises as to their Lordships shall seem just; and that George James Duke of Hamilton and his Tutors, Lord Douglas Hamilton and his Tutors, Sir Hew Dalrymple of North Berwick Baronet, John Earl of Hyndford, Dunbar Earl of Selkirk, Basil William Lord Daer, Sir Robert Menzies of Weem Baronet, and John Swinton Esquire of that Ilk, may be required to answer the said Appeal:"

It is Ordered, That the said George James Duke of Hamilton and his Tutors, and the several other Persons last-named, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 13th Day of February next; and Service of this Order upon the known Agents or Procurators of the said Respondents in the said Court of Session in Scotland shall be deemed good Service.

Darcy against Mitchell & al.

Upon reading the Petition and Appeal of Francis Darcy and Nicholas Darcy; complaining of a Decree of the Court of Exchequer in Ireland, of the 19th of June 1761; and of an Order of the said Court, of the 6th of December 1763; and praying, "That the same may be reversed; and that this House would make such Order and Decree in the Premises as the Nature of the Case shall require; and that Henry Mitchell, Nathaniel Clements, Carleton Whitelock, Mary King and Margaret King, Michael Clarke, Robert King, Charles Gordon and Mary his Wife, James King, and Patrick Boyd, may be required to answer the said Appeal:"

It is Ordered, That the said Henry Mitchell, and the several Persons last named, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 20th Day of February next; and Service of this Order upon the Clerks in Court or Agents of the said Respondents in the said Court of Exchequer in Ireland shall be deemed good Service.

York Buildings Company to amend their Appeal.

A Petition of the Governor and Company of Undertakers for raising the Thames Water in York Buildings, Appellants in a Cause depending in this House, wherein his Grace the Duke of Norfolk and others are Respondents, was presented, and read; setting forth, "That the Petitioners some Time ago exhibited their Appeal to this House, from Two Interlocutors of the Lords of Session in Scotland, dated the 11th of August and 10th of December 1763; that the First Interlocutor appealed from, dated the 11th of August, is stated in the said Appeal in general Terms only;" and praying, "In regard the Petitioners have now obtained an Extract of the Decree of the Court of Session, that they may be at Liberty to amend their said Appeal, by inserting therein the Words of the said Interlocutor of the 11th of August as taken from the Record of the Court of Session, instead of the said Interlocutor as stated in general in their said Appeal."

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 amend their said Appeal, as desired; they amending the Respondents Copy.

Sir W. Dunbar & al. against Brodie & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir William Dunbar Baronet and others are Appellants, and Alexander Brodie and others 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.

Ld Kinnaird against Hunter.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charles Lord Kinnaird is Appellant, and James Hunter 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.

Mutiny Bill.

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

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

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

Nedham & al. Petition referred to Judges.

Upon reading the Petition of Catherine Nedham Widow, Mother and Guardian of William Nedham Esquire, (an Infant of the Age of Twenty Years or thereabouts,) Youngest Son of Robert Nedham Esquire, deceased, and George Nedham Esquire, Eldest Son and Heir of the said Robert Nedham; praying Leave to bring in a Bill, for confirming and establishing an Agreement between the said Robert Nedham and the Governors and Guardians of The Foundling Hospital in London, and more effectually carrying the same into Execution; 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 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.

Committee of Privileges, on Bottetourt Barony, Sitting put off.

Ordered, That the Sitting of the Committee of Privileges, to whom the Petition of Norborne Berkeley Esquire to His Majesty, in relation to the Barony of Bottetourt, with His Majesty's Reference and the Attorney General's Report thereupon, are referred, which stands appointed for To-morrow, be put off till Wednesday the 8th Day of February next.

Adjourn.

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

DIE Jovis, 19^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Crowe against Robinson & Ux.

The Answer of John Robinson and Mary his Wife, to the Appeal of David Crowe Gentleman:

Cathcart against Blackwood.

And also, the Answer of Alexander Blackwood of Edinburgh Merchant, to the Appeal of John Cathcart of London Merchant;

Were this Day brought in.

Bland & al. Bill.

The Earl of Suffolk reported from the Lords Committees to whom the Bill, intituled, "An Act for establishing and carrying into Execution certain Ar ticles of Agreement therein mentioned, for a Division of certain Real Estates in the County of York, late of Sir Hungerford Bland Baronet, deceased, and for other Purposes therein mentioned," 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.

Their Majesties and the Princels of Wales to be congratulated on the Marriage of the Princess Augusta with the Hereditary Prince of Brunswick.

Ordered, That the Lords with White Staves do attend His Majesty, with the humble Congratulations of this House, upon the happy Nuptials of the Princess Augusta with the Hereditary Prince of Brunswick Lunenburg.

Ordered, That a Message be sent, from this House, to Her Majesty, with their Lordships Congratulations on the joyful Occasion of the Marriage of the Princess Augusta with the Hereditary Prince of Brunswick Lunenburg; and that the Lord President, the Duke of Somerset, and the Earl of March, do carry the said Message.

Ordered, That a Message be sent, from this House, to her Royal Highness the Princess of Wales, with their Lordships Congratulations on the joyful Occasion of the Marriage of the Princess Augusta with the Hereditary Prince of Brunswick Lunenburg; and that the Duke of Leeds, the Earl Temple, and Lord Bathurst, do carry the said Message.

Prince and Princess of Brunswick to be congratulated on their Marriage.

Ordered, That a Message be sent, from this House, to congratulate the Hereditary Prince and Princess of Brunswick Lunenburg, on the late Solemnization of their Marriage; and that the Duke of Grafton, the Earl of Marchmont, and the Lord Willoughby de Broke, do carry the said Message.

Kidgell to attend:

Ordered, That the Reverend Mr. J. Kidgell Rector of Horne in Surry and Preacher of Berkeley Chapel do attend this House on Tuesday next.

Mr. Webb to re-deliver the Papers which were delivered to him by Order of the 22d of November.

Ordered, That Philip Carteret Webb Esquire do re-deliver to the Clerk of this House the printed Papers complained of, together with the Three Letters signed "John Wilkes," which were delivered to him, pursuant to an Order of this House of the 22d of November last, in order to carry on the Prosecution referred to in the said Order.

Young to amend his Appeal.

Upon reading the Petition of John Young of Newhall Esquire; setting forth, "That the Petitioner lately exhibited his Appeal to this House, from a Decree of the Court of Session in Scotland, to which John Scott Nisbet only is made Respondent; but the Petitioner is advised it will be necessary and proper, in Point of Form, to make all the other Heirs of Entail now in Being (other than the said John Scott Nisbet) who were called as Parties in the Action below, Parties to the said Appeal;" and therefore praying, "As, in regard to the Nature of the Thing, these Heirs of Entail must be made Appellants, it being their Interest to obtain a Reversal of the said Decree; that the Petitioner may be at Liberty to amend his said Appeal, by adding thereto, as Parties Appellants, all the Heirs of Entail now in Being (other than the said John Scott Nisbet) who were called as Parties to the Action below:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by adding Parties Appellants, as desired; he amending the Respondent's Copy.

Heckington Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Heckington, in the County of Lincoln;" to which they desire the Concurrence of this House.

Mercers Company Accompts delivered.

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

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

"The Accompts of the Warden and Commonalty of the Mystery of Mercers of the City of London, from the 10th of October 1762, to the 10th of October 1763."

And then he withdrew.

And the Title of the said Accompts being read by the Clerk:

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

Ly. Dowager Forbes & al. against Ld. Forbes

The House was informed, "That an Appeal was preferred the last Session of Parliament, by Dorothea Lady Dowager Forbes and others, from certain Interlocutors of the Lords of Session in Scotland; and an Order made, for the Respondent to answer; but, no Answer being put in, the Agent for the Appellants had omitted to apply for a peremptory Day for putting in the Answer this Session within the Time limited by the Standing Order for that Purpose, whereby that Appeal stands dismissed; and that the Appellants had prepared a new Appeal, to be offered to the House, if their Lordships will be pleased to receive the same."

And thereupon Samuel Joynes, the Agent for the Appellants, was called in, and sworn; and, being examined as to his Knowledge of the said Order, said, "He knew, by their Lordships Orders, he was at Liberty to apply for a peremptory Day for the Respondent to put in his Answer; but did not know of the Standing Order, requiring such Application to be made peremptorily within Eight Days from the First Day of the next Session."

He was directed to withdraw.

Then it being moved, "That the said new Appeal be now received:"

Ordered, That the said Appeal be received accordingly.

Upon reading the Petition and Appeal of Dorothea Lady Dowager of Forbes, Mrs. Jean Maria Forbes Daughter of the deceased William Lord Forbes, and Wife of Captain James Dundas of Dundas, and the said Captain James Dundas for his Interest, and Doctor John Gregory Physician in Aberdeen, as having Right from Mrs. Elizabeth Forbes, also Daughter of the deceased William Lord Forbes, his Wife, now deceased; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 5th of July and 15th of December 1762; and also of Two Interlocutors of the Lords of Session, of the 19th of January and 15th of February 1763; and praying, "That the same may be reversed, varied, or altered; and that the Appellants may have such other Relief in the Premises as to their Lordships shall seem just; and that James Lord Forbes may be required to answer the said Appeal:"

It is Ordered, That the said James Lord Forbes may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Thursday the 16th Day of February next; and Service of this Order upon the said James Lord Forbes, or upon any of his Procurators or Agents in the Court of Session in Scotland, shall be deemed good Service.

Causes put off.

The House being moved, "That the Hearing of the Cause wherein James Earl of Abercorn is Appellant; and Andrew Wallace is Respondent, which is appointed for To-morrow, may be put off, in regard of the Indisposition of One of the Counsel:"

It is Ordered, That the Hearing of the said Cause be put off till Wednesday next; and that the other Causes on Cause-days be removed in Course.

Walker & al. against Drummond & al.

Upon reading the Petition of George Drummond Esquire Lord Provost of Edinburgh, and others the Magistrates and Counsellors of the said City, Respondents in a Cause depending in this House, wherein John Walker and others are Appellants; setting forth, "That the Petitioners, who are acknowledged to be Patrons of all the Parish Churches within the City of Edinburgh, having, on a Vacancy, presented a Person duly qualified to One of the said Parishes, the Appellants applied to the Court of Session to stop the Settlement, under Pretence that the Presentation was not agreeable to former Usage; and have now appealed to this House;" and alleging, "That the Delay in the said Settlement has already been attended with bad Consequences, which are likely to increase;" and therefore praying, "That their Lordships would be pleased to appoint a Bye-day for the Hearing of this Cause:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 28th Day of February next.

E. of Ashburnham's Petition referred to Judges.

Upon reading the Petition of John Earl of Ashburnham and Elizabeth Countess of Ashburnham his Wife, for themselves and on the Behalf of their several Children, who are all Infants; praying Leave to bring in a Bill, for vesting certain Estates therein mentioned, in the Counties of Bedford, Dorset, and Lancaster, in the said Earl, in Fee Simple; and for settling other Lands and Hereditaments in Wales, of greater Value, in Lieu thereof:

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

E. of Bath, Committee of Newport, Petition referred to Judges.

Upon reading the Petition of William Earl of Bath, for himself and in Behalf and as Committee of the Estate of John Newport Esquire, a Lunatick; praying Leave to bring in a Bill, for empowering the Committee or Committees, for the Time being, of the Estate of the said Lunatick, to make such Leases of his said Estates as therein mentioned:

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

Bunn to enter into a Recognizance on Darcy's Appeal.

The House being moved, "That James Bunn of Lincoln's Inn Gentleman may be permitted to enter into a Recognizance for Francis Darcy and Nicholas Darcy, on account of their Appeal depending in this House; they living in Ireland:"

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

Davidson to enter into Recognizance on M'Donald's Appeal.

The House being moved, "That Mr. Henry Davidson may be permitted to enter into a Recognizance for John Mac Donald, on account of his Appeal depending in this House; he living in Scotland:"

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

Mutiny Bill.

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

After some Time, the House was resumed.

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

Young against Nisbet.

The Answer of John Scott Nisbett Esquire, to the Appeal of John Young Esquire, was this Day brought in.

Adjourn.

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

DIE Veneris, 20^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Their Majesties and the Princess of Wales's Answers to the Congratulation on the Princess Augusta's Marriage.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves had (according to Order) attended His Majesty, with their Lordships Congratulations upon the happy Nuptials of the Princess Augusta with the Hereditary Prince of Brunswick Lunenburg; and that His Majesty was pleased to say, "I take this Address very kindly; and am glad that the Marriage of My Sister the Princess Augusta with the Hereditary Prince of Brunswick Lunenburgh is so agreeable to the House of Lords."

The Lord President acquainted the House, "That he, and the Duke of Somerset, and the Earl of March, had (pursuant to the Order of Yesterday) carried their Lordships Message of Congratulation to Her Majesty, upon the joyful Occasion of the Marriage of the Princess Augusta with the Hereditary Prince of Brunswick Lunenburg; and that Her Majesty was pleased to say, "She sincerely thanks the House of Lords, for their Attention; and rejoices that the Marriage of the Princess Augusta with the Hereditary Prince of Brunswick Lunenburg is so agreeable to them."

The Lord Bathurst acquainted the House, "That he, and the Duke of Leeds, and the Earl Temple, had (pursuant to the Order of Yesterday) carried their Lordships Message of Congratulation to Her Royal Highness the Princess of Wales, on the joyful Occasion of the Marriage of the Princess Augusta with the Hereditary Prince of Brunswick Lunenburg; and that her Royal Highness was pleased to say, "She returns their Lordships her most hearty Thanks, for this Mark of their Affection and Attention to her, and Zeal for the Happiness of her Family."

Mutiny Bill:

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

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Lane and Mr. Holford:

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

Bland & al Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for establishing and carrying into Execution certain Articles of Agreement therein mentioned, for a Division of certain Real Estates, in the County of York, late of Sir Hungerford Bland Baronet, deceased; 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 the same Messengers:

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

Heckington Enclosure, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Heckington, in the County of Lincoln."

Young against Nisbett.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Young Esquire is Appellant, and John Scott Nisbett 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.

Marteilhe, Leave for a Nat. Bill:

Upon reading the Petition of John Marteilhe of London Merchant; praying, "That Leave may be given to bring in a Bill for his Naturalization:"

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

Bill read.

Accordingly, the Lord Willoughby of Parham presented to the House a Bill, intituled, "An Act for naturalizing John Marteilhe of London Merchant."

The said Bill was read the First Time.

Cathcart against Blackwood.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Cathcart is Appellant, and Alexander Blackwood 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.

Adjourn.

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

DIE Lunæ, 23^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Mansfield, Lord Chief Justice of the King's Bench, sat Speaker, by virtue of a former Commission.

His Majesty's Advocate against Douglas.

The Answer of Archibald Douglas of Douglas Esquire and his Curators or Guardians, to the Appeal of His Majesty's Advocate for Scotland, on Behalf of His Majesty, was this Day brought in.

Marteilhe takes the Oaths for Naturalization.

John Marteilhe took the Oaths appointed, in order to his Naturalization.

Mr. Wilkes to attend:

Ordered, That John Wilkes Esquire of Great George Street Westminster do attend this House To-morrow.

Other Persons also ordered to attend.

Ordered, That William Tringham Engraver and William Sherwin do attend this House To-morrow.

Ld. Kinnaird to amend his Appeal.

Upon reading the Petition of Charles Lord Kinnaird; setting forth, "That the Petitioner lately exhibited his Appeal to this House, from Three Interlocutors of the Lords of Session in Scotland, to which Appeal James Hunter only is made Respondent;" and alleging, That he is advised that it will be necessary and proper to make all the Heirs of Entail now in Being, who were called as Parties in the Action below, likewise Parties to the Appeal;" and therefore praying, That he may be at Liberty to amend his said Appeal, by adding thereto as Respondents all the Heirs of Entail now in Being, who were called as Parties to the Action below; and that they may be required to put in their Answer:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired; and that the Parties so added as Respondents may have a Copy of the said amended Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 20th Day of February next; and Service of this Order upon their known Procurators or Agents before the Court of Session in Scotland shall be deemed good Service.

Prince and Princess of Brunswick's Answer to their Lordships Congratulatory Message.

The Duke of Grafton acquainted the House, "That he, and the Earl of Marchmont, and the Lord Willoughby de Broke, had (pursuant to the Order of Thursday last) carried their Lordships Message of Congratulation to the Hereditary Prince and Princess of Brunswick Lunenburg, on the late Solemnization of their Marriage; and that they were pleased to say, "They had a due Sense of the Favour done them by this House; and were glad that what gave Occasion for this Message met with their Lordships Approbation."

Heckington Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Heckington, in the County of Lincoln."

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 the 31st Day of this Instant January, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Marteilhe's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Marteilhe of London Merchant.

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

Their Lordships, or any Five of them; to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.

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

The House being moved, "That John Wilson of The Inner Temple Gentleman may be permitted to enter into a Recognizance for Archibald Douglas Esquire and his Curators or Guardians, on account of their Appeal depending in this House; they not residing in London:"

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

His Majesty's Advocate against Douglas.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein His Majesty's Advocate for Scotland is Appellant, and Archibald Douglas Esquire and his Curators or Guardians 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.

Bill to exhibit a Bill for naturalizing the Prince of Brunswick presented; and read.

The Lord President presented to the House a Bill, intituled, "An Act for exhibiting a Bill in this present Parliament, for naturalizing his Highness the Hereditary Prince of Brunswick Lunenburg."

The said Bill was read the First Time.

Ordered, That the said Bill be now read a Second Time.

And the same being read a Second Time accordingly:

Ordered, That the said Bill be engrossed.

Young, to amend his Appeal.

Upon reading the Petition of John Young of Newhall Esquire; setting forth, "That, the Petitioner having applied to their Lordships for Leave to amend his Appeal, by adding Parties Appellants, their Lordships were pleased, on the 19th of this Instant January, to order that the Petitioner should be at Liberty to amend his said Appeal, by adding thereto, as Parties Appellants, the several Heirs of Entail, who, though made Parties to the Cause before the Court of Session, were omitted to be made Parties to the Appeal;" and alleging, "That he is now advised, that the putting in of the Names of the said Heirs of Entail, as Appellants, without their express Authority, may hereafter be thought irregular;" and therefore praying, "That their Lordships would be pleased to recall their said Order of the 19th Instant; and to order, that the Petitioner may be at Liberty to amend his said Appeal, by adding the Names of the said Heirs of Entail as Respondents; and that they may be required to put in their Answer:"

It is Ordered, That the said Order of the 19th Instant be discharged; and that the Petitioner be at Liberty to amend his said Appeal, by adding the Names of the said Heirs of Entail as Respondents; and that the Parties so added as Respondents may have a Copy of the said amended Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 20th Day of February next; and Service of this Order upon their known Procurators or Agents in the Court of Session shall be deemed good Service.

Appointments of the Reading Clerk and Clerk of the Journals, Sitting of the Committee put off.

Ordered, That the Sitting of the Committee appointed to consider of the Appointment of Mr. Arnott to be Reading Clerk and Clerk of the Committees, by Ashley Cowper Esquire, and of all Circumstances material and relative thereto; and to whom it is also referred to consider of the Appointment made by the said Ashley Cowper of Mr. William Cowper to be Clerk for making up the Journal; and delivering out the Orders of the House, together with the said William Cowper's Resignation, and the subsequent Appointment of Mr. Richard Blyke upon the said Resignation, which is appointed for Wednesday next, be put off till Thursday the 2d Day of February next, by reason of the present Indisposition of the Lord Chancellor.

Adjourn.

Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum quartum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 24^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.

PRAYERS.

The Lord Mansfield sat Speaker.

Bill to exhibit a Bill for naturalizing the Prince of Brunswick:

Hodie 3^a vice lecta est Billa, intituled, "An Act for exhibiting a Bill in this present Parliament, for naturalizing his Highness the Hereditary Prince of Brunswick Lunenburg."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by the Lord Chief Baron of the Court of Exchequer and Mr. Baron Smythe:

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

Ld. Spencer's Pet. referred to Judges.

Upon reading the Petition of the Right Honourable John Lord Viscount Spencer; praying Leave to bring in a Bill, to enable him to make Leases of certain Estates in Battersea and Wandsworth in the County of Surry, lately purchased, for the Improvement thereof, for such Term of Years, and under and subject to such Conditions and Restrictions, as shall be thought requisite and expedient:

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

Bulwer & al. Pet. referred to Judges.

Upon reading the Petition of William Wiggett Bulwer, Son and Heir of Rice Wiggett Esquire, deceased, and Mary Wiggett Bulwer his Wife, for themselves and on the Behalf of their several Children, who are all Infants, and of Edward Fuller the Younger Gentleman and Dorothy Frances Fuller his Wife, Daughter of the said Rice Wiggett deceased, and Elizabeth Earle Spinster Daughter of Augustine Earle Esquire, deceased; praying Leave to bring in a Bill, for vesting and settling certain Estates, devised, settled, and limited, unto and for the Benefit of the said William Wiggett Bulwer and Mary his Wife, and their respective Issues, and other the Persons claiming under the Will of the said Rice Wiggett, in and upon the said William Wiggett Bulwer in Fee Simple; and for substituting and settling other Lands and Hereditaments of the said William Wiggett Bulwer, in Lieu thereof, to the like Uses:

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

Yeoman Usher's Account of the Service of the Order for Mr. Wilkes's Attendance.

The Yeoman Usher, being called upon to give an Account of the Service of the Order of this House for the Attendance of Mr. Wilkes, acquainted the House, "That he went, with their Lordships said Order, Yesterday Evening, to Mr. Wilkes's House in Great George Street Westminster; and that Mr. Wilkes's Servant told him, he believed his Master was in France, for that he saw a Letter from him on Tuesday last, from Paris; that he could not tell the Date of it; but, as he was told it was Six Days in coming, he supposes it was dated about the 11th of this Month."

Complaint of a Breach of Privilege, for putting a Lord's Name to Notes to a Libel, further considered:

The Order of the Day, for taking into further Consideration the Matter of the Complaint of a Breach of Privilege, in putting the Name of a Lord of this House to certain Notes to a scandalous Libel, intituled, "An Essay on Woman;" and for the Attendance of several Witnesses; was read.

The Entry in the Journal of the 15th of November last, of the Matter of the said Complaint, with the Resolution of this House thereupon, and the Examinations of Witnesses taken in relation thereto, was also read.

The Order of the 17th of November last, for an Address to His Majesty, to lay before him the said Resolution; and to desire His Majesty, "That He will be graciously pleased to give the most effectual Orders for the immediate Prosecution of the Author or Authors of the said scandalous and impious Libel; and for bringing them to condign Punishment," was also read.

After Debate;

Mr. Wilkes ordered into Custody, as the Author and Publisher of the said Libel:

Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That it appearing to this House, that John Wilkes Esquire of Great George Street Westminster is the Author and Publisher of "The Essay on Woman," with Notes; and of another Paper, intituled, "The Veni Creator paraphrased;" he be, for the said Offence, taken into the Custody of the Gentleman Usher of the Black Rod.

Accordingly, Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House do forthwith attach the Body of the said John Wilkes, and bring him in safe Custody to the Bar of this House, to answer for his said Offence: And this shall be a sufficient Warrant in that Behalf.

To Sir Septimus Robinson Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Committee appointed to search Precedents of Punishments for Breach of Privilege, or Contempts of the House.

Ordered, That all the Lords this Day present be appointed a Committee, to search Precedents, as to what Punishments have been inflicted, or Methods taken to vindicate the Honour of this House, in Cases of any Breach of their Lordships Privilege, or Contempts of this House; and to report to the House.

Their Lordships, or any Five of them; to meet on Tuesday the 7th Day of February next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Adjourn.

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

DIE Mercurii, 25^o Januarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker.

Message from H. C. to return the Bill for exhibiting a Bill for naturalizing the Prince of Brunswick.

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

To return the Bill, intituled, "An Act for exhibiting a Bill in this present Parliament, for naturalizing his Highness the Hereditary Prince of Brunswick Lunenburg;" and to acquaint this House, that they have agreed to the same, without any Amendment.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present.

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

Who being come, with their Speaker;

The Deputy Clerk of the Crown, at the Table, read the Titles of the Bills to be passed, severally, as follow; videlicet,

Bills passed.

"1. An Act for exhibiting a Bill in this present Parliament, for naturalizing his Highness the Hereditary Prince of Brunswick Lunenburg."

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

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

"Le Roy le veult."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Clerk to redeliver Papers to Mr. Webb.

Ordered, That the Clerk of this House do forthwith re-deliver to Philip Carteret Webb Esquire the several Papers delivered to him by the said Mr. Webb, in Pursuance of an Order of this House of the 19th Instant, upon his giving a Receipt for the same.

All Soul's College, Oxford, Pet referred to Judges.

Upon reading the Petition of Stephen Niblett Doctor in Divinity, Warden, and the College of The Souls of All Faithful People deceased, of Oxford, being seised in Fee Simple of the Advowson and Patronage of and to the Rectory of East Lockinge, in the County of Berks and Diocese of Salisbury; praying Leave to bring in a Bill, for annexing the said Rectory of East Lockinge to the Office of Warden of the said College, for the better Support of the same:

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

Blanch & al. Petition referred to Judges.

Upon reading the Petition of William Blanch Esquire, only Son and Heir of William Blanch Esquire, deceased, by Elizabeth his Wife, also deceased, Nephew and One of the Coheirs of Thomas Horton late of Wootton in the County of Gloucester Esquire, deceased, and of John Roberts Esquire, Eldest Son and Heir of Richard Roberts Esquire, deceased, by Eleanor his Wife, also deceased, the other of the Nephews and Coheirs of the said Thomas Horton; and also of Richard Brereton Clerk, and Thomas Burton and Bridget his Wife, and Elizabeth Brereton Spinster, the Residuary Devisees and Legatees of the said Thomas Horton, under his Will; praying Leave to bring in a Bill, for confirming the Conveyances which have been made of the Estates late of the said Thomas Horton deceased, subject respectively to the Uses, Trusts, Limitations, and Purposes, expressed in the Agreement therein mentioned:

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

The Hereditary Prince of Brunswick's Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing his Highness Charles William Ferdinand, Hereditary Prince of Brunswick Lunenburg;" to which they desire the Concurrence of this House.

E. of Abercorn against Wallace.

After hearing Counsel, upon the Petition and Appeal of James Earl of Abercorn; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 23d of December 1760, the 6th of March 1761, and the 24th of June 1762; and praying, "That the same might be reversed, varied, or altered; or that the Appellant might have such Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of Andrew Wallace, Writer to the Signet, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

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.

Adjourn.

Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum sextum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 26^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Mansfield fat Speaker.

Hereditary Prince of Brunswick's Nat. Bill:

Hodie 1^a, 2^a & 3^a vice lecta est Billa, intituled, "An Act for naturalizing his Highness Charles William Ferdinand, Hereditary Prince of Brunswick Lunenburg."

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. Browning:

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

Charles's Petition to receive an Appeal though out of Time, rejected.

A Petition of Charles Vipont Charles Esquire, was presented, and read; setting forth, "That the Indisposition and Consinement of the Petitioner's Agent below hath prevented him from drawing up his Petition of Appeal till the Day was elapsed which is appointed by their Lordships Standing Order for receiving such Appeals;" and therefore praying, "That their Lordships will be pleased now to receive his said Appeal."

And the Agent for the Petitioner being called in, and heard at the Bar; but not being able to prove the Allegation in the Petition:

He was directed to withdraw.

Ordered, That the said Petition be rejected.

Marteilhe's Nat. Bill.

The Lord Boston reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Marteilbe of London Merchant," 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."

Ordered, That the said Bill be engrossed.

Weller, Leave for a Bill of Divorce.

Upon reading the Petition of John Weller, Captain of His Majesty's Ship Venus; praying Leave to bring in a Bill, for dissolving his Marriage with Charlotte Wilson; and to enable him to marry again; and for other Purposes therein mentioned:

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

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, and in Performance of, a Contract 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.

Townsend & al. Petition referred to Judges.

Upon reading the Petition of James Townsend Esquire and Henrietta Rosa Peregrina his Wife, late Henrietta Rosa Peregrina Hare, and Rose Duplessis; praying Leave to bring in a Bill, for settling the Estate late of Henry Lord Colerane in the Kingdom of Ireland, deceased, pursuant to the Marriage Articles in the Petition mentioned, subject to the Charges and Encumbrances affecting the same; and for other Purposes therein mentioned:

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

Hearle & al. Petition referred to Judges.

Upon reading the Petition of Thomas Hearle of Saint Michael Penkeval in the County of Cornwall Clerk, Thomas Hamly of Saint Columb in the said County of Cornwall Gentleman, Thomas Biddulph of the City of Worcester Clerk and Martha his Wife, Mary Tregenna, Margery Tregenna, Catherine Tregenna, Ann Tregenna, Jane Tregenna, and Sarah Tregenna, of Saint Columb aforesaid, Spinsters, and of Elizabeth Tregenna of Saint Columb aforesaid Widow; praying Leave to bring in a Bill, for Sale of the Freehold and Leasehold Estates of which John Tregenna, late of Mawgan in Pyder in the County of Cornwall, died seised or possessed; and for dividing the Money to arise from such Sale amongst the Petitioners, or for their Benefit, in such Manner as shall be just:

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

Young & al. Petition referred to Judges.

Upon reading the Petition of William Young Esquire, for and on the Behalf of himself and of Sarah Eliza beth, William, Elizabeth, Brooke Marseilles, Portia, Mary, Henry, John, and Olivia Young, his Sons and Daughters, who are all Infants; praying Leave to bring in a Bill, for Sale of the Manor of Standlinch, and divers Lands and Hereditaments comprised in his Marriage Settlement; and for purchasing another Estate, of equal Yearly Rent and Value, to be settled to the like Uses, in Lieu thereof:

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

Whale Fishery, Scotland, Account delivered.

The House being informed, "That Mr. Rowe, from the Commissioners of the Customs in Scotland, attended:"

He was called in; and delivered, at the Bar,

"An Account of what Number of Ships from Scotland have been employed in the Whale Fishery to Davis's Streights and The Greenland Seas; with their respective Names and Burdens, from whence they were fitted out, and at what Port they were discharged; and also what Quantity of Oil and Whale Fins each Ship has imported, from the 10th of October 1762, to the 10th of October 1763."

And then he withdrew.

And the Title thereof being read, by the Clerk:

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

L. Napier against Livingston.

The Answer of Captain William Livingston of West Quarter, to the Appeal of the Right Honourable Francis Lord Napier, was this Day brought in.

Adjourn.

Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, vicesimum septimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 27^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker.

Countess of Egremont & al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable Alicia Maria Countess of Egremont, Widow and Relict of the Right Honourable Charles late Earl of Egremont deceased, and of the Right Honourable Percy Wyndham Obrien Earl of Thomond in the Kingdom of Ireland, the Testamentary Guardians of and for, and on Behalf of, the Right Honourable George now Earl of Egremont, the Honourable Percy Charles Wyndham, the Honourable Charles William Wyndham, and the Honourable William Frederick Wyndham, the Four Sons of the said Charles Earl of Egremont, deceased, by the said Alicia Maria Countess of Egremont, all Infants under the Age of Twenty-one Years; praying Leave to bring in a Bill, for empowering the Guardians of the said George Earl of Egremont to enfranchise the Customary Estates of the said Earl in the County of Cumberland, and to make Leases and Copyhold Grants of the Wharton Estate in the same County, during his Minority; 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 Smythe; who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Brett & al. 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, in the City of London, Part of the Petitioner's settled Estate; and for settling another Estate, in the County of Middlesex, which he hath lately purchased, to the same Uses, in Lieu thereof:

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

Crowe against Smith & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein David Crowe is Appellant, and Richard Smith Esquire 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.

L. Napier against Livingston.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Francis Lord Napier is Appellant, and Captain William Livingston 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.

Marteilhe's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Marteilhe of London Merchant."

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. Edwards and Mr. Pechell:

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

Cunison against Marshall:

After hearing Counsel, upon the Petition and Appeal of Archibald Cunison Merchant, late Baillie of Hamilton, and James Cunison Writer in Hamilton; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 24th of November 1762, and the 21st and 25th Days of January 1763; and praying, "That the same might be reversed, varied, or altered; or that the Appellants might have such other Relief in the Premises as to this House in their Lordships great Wisdom and Justice should seem meet:" As also upon the Answer of David Marshall 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 said Respondent, the Sum of One Hundred Pounds, for his Costs in respect of the said Appeal.

Kent's Petition referred to Judges.

Upon reading the Petition of Richard Kent Gentleman; praying Leave to bring in a Bill, for Sale of certain Messuages, Lands, and Hereditaments, in the Town of Northampton, devised by the Will of Edward Bayly, deceased; and for applying the Money arising by such Sale in the Purchase of other Lands, to be settled to the Uses contained in the said Will:

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.

Adjourn.

Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker.

Then, in order to proceed to the Abbey Church, Westminster, to solemnize this Day; being appointed, by Act of Parliament, to be observed as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First;

Adjourn.

Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, tricesimum primum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 31^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker.

French against Sir U. Blake & Ux.

The Answer of Sir Ulick Blake and Dame Mary his Wife, Two of the Respondents to the Appeal of Robert French, was this Day brought in.

Thanks to the Bp. of Bristol for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Bristol, for the Sermon by him preached before this House Yesterday, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be forthwith printed and published.

York Buildings Company against D. of Norfolk & al.:

After hearing Counsel, upon the amended Petition and Appeal of the Governor and Company of Undertakers for raising the Thames Water in York Buildings; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 11th of August and 10th of December 1763; and praying, "That the same might be reversed, varied, or amended; and 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 Edward Duke of Norfolk and others 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 said Respondents, the Sum of One Hundred Pounds, for their Costs in respect of the said Appeal, without Prejudice to the Creditors of the Appellants insisting, as they shall be advised, that the Managers for the Appellants, who have brought and prosecuted this Appeal, ought, under all the Circumstances of this Case, personally, to pay the Expense occasioned thereby.

Nedhams and Foundling Hospital, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Catherine Nedham Widow and George Nedham Esquire; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

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

Adjourn.

Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, primum diem Februarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

21^o Decembris, 1765, Hitherto examined by us,

Marchmont.
Wentworth.
Delamer.