House of Lords Journal Volume 32: December 1768, 1-10

DIE Jovis, 1^o Decembris 1768.

Domini tam Spirituales quam Temporales præsentca fuerunt:

PRAYERS.

Sparhauke's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, “An Act for Sparhauke's vesting certain Messuages, Lands, and Hereditaments, in Baldock, in the County of Hertford, devised by the Will of Edward Sparhauke Gentleman, deceased, in Lawndey Sparhauke Esquire, and his Heirs, discharged from the Uses of the said Will, and for substituting and settling an undivided Moiety of other Lands and Hereditaments in Hertfordshire in lieu thereof, to the like Uses.”

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

Their Lordships, or any Five of them, to meet on Friday the 16th Day of this instant December, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Message from H. C. for Leave for E. Temple, E. Sandwich, and E. March, to be examined there.

A Message was brought from the House of Commons, by Sir Joseph Mawbey and others:

To desire, “That this House will give Leave to the Earl Temple, the Earl of Sandwich, and the Earl of March, to come to the House of Commons, in order to be examined on Friday next, when the Matter of the Petition of John Wilkes Esquire, (a Member of that House), and the Proceedings on several Informations in the Court of King's Bench against the said Mr. Wilkes are Ordered to be heard.”

And then the Messengers withdrew.

Whereupon the Earl of Sandwich, in his Place, acquainted the House, “That he was ready and desirous to go to the House of Commons, if it is confident with the Rules and Orders of this House.”

Then the Messengers were again called in, and acquainted, “That this House will send an Answer by Messengers of their own.”

Ordered, That the said Message be referred to the Committee of Privileges to consider thereof, and to report their Opinion thereupon to the House.

Ordered, That the said Committee do meet Tomorrow.

Author and Published, of the Pamphlets relating to the Douglas Cause reprimanded and discharged, and the remaining Copies to be delivered to the Clerk.

The Yeoman Usher acquainted the House, “That William Bogle, E. and C. Dilly, and I. Wilkie, were attending according to their Lordships Order:”

Whereupon they were called in, and E. and C. Dilly being shewn the Pamphlet, intituled, “Observations on the Douglas Cause,” said to be printed for them, they acquainted the House, “That the Title-page was false, the said Pamphlet having been printed at Aberdeen by I. Chalmers Printer there: That they had a Parcel of 250 sent them by Francis Douglas, the Author, with a Letter from him, desiring they would advertize the said Pamphlet: That they accordingly did advertize it, and had sold about Sixty of the Pamphlets.”

Then Mr. Wilkie was examined in relation to the Two Pamphlets, the One intituled, “Letters of the Right Honourable Lady Jane Douglas;” and the other intituled, “The Essence of the Douglas Cause;” and gave the House an Account, “That he published them for Mr. Bell of Edinburgh, but does not know the Authors: That the first was published in December 1767, and the other in November 1767: That he has not advertized them since November 1767: That 1000 Copies were printed, 500 of which he sent to Mr. Bell at Edinburgh, and there are about 200 remaining.”

They were directed to withdraw.

Ordered, That the Lord Chancellor do reprimand them on their Knees at the Bar; and that they be discharged; the said E. and C. Dilly, and I. Wilkie, delivering to the Clerk the remaining Copies of the said Pamphlets.

Whereupon they were again called in, and, upon their Knees, reprimanded by the Lord Chancellor, and discharged accordingly.

Writs of Error.

The Lord Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table Three Writs of Error:

In the First of which,

Wilkes against the King.

John Wilkes Esquire is Plaintiff, and the King is Defendant.

In the Second,

Wilkes against the King.

John Wilkes Esquire is Plaintiff, and the King is Defendant.

And in the last,

Evans and Hone against Lafontaine.

Richard Evans and William Hone are Plaintiffs, and John Lafontaine is Defendant.

Viscount Courtenay takes the Oaths.

William Viscount Courtenay took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

J Biggs and E Aylett attend respecting the Action brought against Mr. Hesse.

The Order of the Day being read for the Attendance of Mr. Hesse, Mr. Aylett, and John Biggs:

The Yeoman Usher acquainted the House, they were attending without:

Whereupon the Order of the House, of the 10th of May last, to the Justices, was read.

Then Mr. Hesse was called in; and being sworn, gave the House an Account, “That, in Obedience to the Order of this House on the 10th of May last, he went into the Old Palace yard, in order to disperse a riotous Mob then assembled there: That there was a great Cry of Wilkes and Liberty; and that the Mob were very insolent, chalking the Coaches of the Peers of this House with No. 45: That upon the Mob's crying out to a Reverend Prelate, as he was getting out of his Coach, “Lower the Price of Provisions!” One of them said, “By God, it is not a Sign Provisions are dear, if you look at his Belly.” That he saw at a Distance several of the Peers Coaches were chalked: That seeing the Mob gather in one Part of the Yard, he went there, and got near One of them, who seemed to give Directions, he swearing at another for not chalking a Coach, and bid One of them go and chalk a Coach: That he (Mr. Hesse) seized him, and said he would chalk him; but that the Fellow struggled, and got from him, and in the Scuffle his Ruffle was very much torn: That he observed another, namely, John Biggs, giving Directions to the Mob about chalking the Coaches, and Ordered a Constable to secure him, which he did: That he saw another of the, Mob very busy also in chalking the Lords Coaches; but a Coach passing between them, he lost Sight of him, and being fearful the Prisoner might be rescued, he returned, and was bringing him up to the House; but upon seeing the Chancellor going away, he concluded the. House was up, otherwise he should have brought, him to their Lordships Bar: That upon finding the House was up, and being fearful of doing any Thing wrong, he carried the Prisoner before the Justices at Guildhall, and acquainted them, with the Circumstances of taking him: That the Prisoner before them said, That he bid a Man not chalk the Duke of Northumberland's Coach, because he was a good Man; and acquainted the Justices, that the was a Servant out of Place, and that his Wife took in Washing: That he did not offer any Bail, but begged to be released: That it being the Opinion of the Justices he Should be committed to Bridewell, he (Mr. Hesse) made cut his Warrant, but considering himself as acting under the Order of this House, inserted in the Warrent Words, and disturbing the Peace of the Right Honorable the House of Lords: That upon his coming to this House on Wednesday, with an Intention to acquaint their Lordships what he had done, he met with a large Body of Sailors in the Merchants Service, wanting to have their Wages raised; that the pacifying them, and prevailing upon them to disperse, took up so much Time, that he was not able to make his Report; and that he was fearful he had been guilty of an Error in not making it: That on Thursday, on his coming to the House for that Purpose, he was again prevented by a Mob of Coalheavers; and that on Friday he was employed at the Wharfs in pacifying them: That on Saturday the House adjourned; and that on Monday, as he was again coming for that Purpose, he was prevented by a Mob of Taylors: That as he belonged to a Publick Office, he was obliged to attend his Duty there, but had left Word with the Yeoman Usher of this House where he might be found, in case their Lordships should order him to attend: That upon the Adjournment of the House he discharged the said John Biggs, as he had considered himself, when he committed him, as acting under the Orders of this House, and not as a Justice of the Peace: That while the said John Biggs was in Bridewell, he sent for the Keeper thereof, in order that he might be able to give the House some Account of the Prisoner; and that he told the Keeper, if the Prisoner thought Five Guineas would be of Service to him, he might offer it him: That about Three Months after his discharging the Prisoner, Mr. Aylett served a Notice on him, that a Writ was intended to be sued out of the Court of Common Pleas against him, for false Imprisonment of the said John Biggs, with 500 l. Damages: That he was served with a Writ of Capias, returnable on the 12th of November 1768, on Account of Want of Form in his Warrant: That he had Ordered his Attorney to enquire when the Cause would come on; and that he was told by Mr. Aylett, it was put off till next Term; and that Mr. Aylettæs Client would make it up for a Trifle, which he (Mr. Hesse) refused to do.” Being asked, “If his Attorney told Mr. Aylett that Mr. Hesse acted under the Order of the House of Lords?” says, “He can't tell.”

He is directed to withdraw.

Then Mr. Thomas Francis (Mr. Hesse's Attorney) was called in; and being sworn, acquainted the House, That Mr. Aylett called upon him about a Week ago, and asked him what he intended to do? That he told Mr. Aylett, he was sorry to find him engaged in a Cause which might be attended with many Difficulties to him; and thinks he told him that Mr. Hesse asted under the Order of the House of Lords.”

He was directed to withdraw.

Then Mr. Hesse was again called in, and acquainted the House, “That he saw Mr. Aylett Yesterday; and that upon his telling him, that what he had done was in consequence of an Order of the House of Lords, he expressed great Concern at his having undertaken the Cause: That a Person called upon him during Biggs's Confinement, to know what Biggs had done; and that he referred him to the Warrant: That Mr Aylett said, he was a Man of Consequence, and would be a Witness; which if he is, he the said Mr. Hesse is certain he must be perjured.”

He is directed to withdraw.

Then it was moved, “To resolve, That according to the known Laws and Usage of Parliament, it is the undoubted Right and Duty of the Peers of Great Britain, in Parliament assembled, to give such Orders as may from Time to Time be found necessary to disperse or suppress any Force which shall obstruct their coming to, remaining in, or returning peaceably from this House, or tend to interrupt the Freedom of Parliamentary Proceedings.”

The same was agreed to, and Ordered accordingly.

Biggs to be attached.

Then John Biggs was called in, and examined in relation to his being taken up by the said Mr. Hesse, for his riotous Behaviour with the Rest of the Mob in the Old Palace Yard, Westminster, on the 10th of May last, in insulting the Peers, and chalking their Coaches; and also in relation to his bringing an Action against the said Mr. Hesse for false Imprisonment; and also as to his Knowledge of any of the Rioters, and who it was that advised him to bring the said Action.

He is directed to withdraw.

Ordered, That the Gentleman Usher of the Black Rod attending this House do forthwith attach the Body of the said John Biggs, and keep him in safe Custody till the further Order of this House: And this shall be a sufficient Warrant in that Behalf:

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

Ayles attached.

Then Edward Aylett, an Attorney employed by the said John Biggs in bringing the said Action against the said Mr. Hesse, was called in, and examined in relation thereto, and upon several Questions being asked him by several of the Lords, prevaricated very much.

He is directed to be taken from the Bar.

Ordered, That the Gentleman Usher of the Black Rod attending this House do forthwith attach the Body of the said Edward Aylett, and keep him in safe Custody till the further Order of this House: And this shall be a sufficient Warrant in that Behalf:

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

And committed to Newgate.

Then it was moved, “That the said Edward Aylett, having been guilty of a notorious Breach of the Privilege of this House, and having prevaricated in his Examination at the Bar, be, for his said Offences, committed to Newgate.”

Which being objected to;

After Debate,

The Question was put thereupon.

It was resolved in the Affirmative.

Ordered, That the Gentleman Usher of the Black Rod, in whose Custody the said Edward Aylett now is, do convey, or cause him to be conveyed, to the Prison of Newgate, and delivered to the Keeper thereof accordingly: And this shall be a sufficient Warrant in that Behalf:

To Sir Francis Molyneux Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them; and also to the Keeper of Newgate, his Deputy or Deputies, and every of them.

Biggs reprimanded, and discharged, upon his signing a Release to Mr Hesse:

Then it was moved, “That John Biggs be called in, and at the Bar, on his Knees, reprimanded by the Lord Chancellor, and directed to stop all further Prosecution against Mr. Hesse; and that upon his signing a Release to the said Mr. Hesse, he be discharged out of Custody.”

The same was agreed to.

And the said John Biggs was accordingly called in, and on his Knees, at the Bar, reprimanded by the Lord Chancellor, and directed to stop all further Prosecution against Mr. Hesse; and upon his signing a Release to the said Mr. Hesse, he was Ordered to be discharged out of Custody.

Resolution approving Mr. Hesse's Conduct.

Then it was moved, “To resolve, That John Hesse Esquire, One of His Majesty's Justices of the Peace for the County of Middlesex, and City of Westminster, did his Duty on the 10th of May last, in Obedience to the Orders and immediate Commands of this House, by him received at the Bar of this House, for dispersing the Mob then assembled before the Doors of this House, and preventing the like riotous Proceedings for the future.”

The same was agreed to, and Ordered accordingly.

American Papers, Consideration adjourned.

Ordered, That the Consideration of the American Papers, which (lands appointed for Tuesday next, be put off to Wednesday next; and that the Lords be summoned.

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

The House being moved, “That Henry Davidson Gentleman may be permitted to enter into a Recognizance for Robert M'Queen Esquire, 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.

and on Napier's Appeal

The House being moved, “That Henry Davidson Gentleman may be permitted to enter into a Recognizance for Captain Charles Napier, on Account of his Appeal depending in this House, he residing in Scotland:”

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

and on Durdas's Appeal.

The House being moved, “That Henry Davidson Gentleman may be permitted to enter into a Recognizance for David Dundas Esquire, on Account of his Appeal depending in this House, he residing in Scotland:”

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

Spottiswoode to enter into Recognizance on Sir Ludovic Grant's Appeal.

The House being moved, “That John Spottiswoode, of the Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for Sir Ludovic Grant Baronet, on Account of his Appeal depending in this House, he living in Scotland:”

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

and on Scott's Appeal.

The House being moved, “That John Spottiswoode Gentleman may be permitted to enter info a Recognizance for John Scott Gentleman, on Account of his Appeal depending in this House, he residing in Scotland:”

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

Lodge to enter into Recognizance on Gray et al. Appeal.

The House being moved, “That Ralph Lodge, of Gray's Inn, Gentleman; may be permitted to enter into a Recognizance for Robert Gray Esquire, and others, on Account of their Appeal depending in this House, they residing in Scotland:”

It is Ordered, That the said Ralph Lodge may be permitted to enter into a Recognizance for the said Appellants, as desired.

Sweetman to enter into Recognizance on O'Shaughnussy Appeal.

The House being moved, “That Walter Sweetman Gentleman may be permitted to enter into a Recognizance for Joseph O'Shaughnussy Esquire, on Account of his Appeal depending in this House, he residing in Ireland:”

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

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad et in diem Veneris, secundum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 2^o Decembris 1768.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Murrey and another against Hamilton et al.

The Answer of Dame Helen Hamilton, Relict of the deceased Sir Patrick Murray of Ochtertyre Baronet, and others, to the Appeal of Patrick Murray Esquire, and another, was this Day brought in.

Lord Beaulieu takes the Oaths.

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

Schneider's Nat. Bill.

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

With a Bill, intituled, “An Act for naturalizing John Henry Schneider;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Wallace against Skene et al.

After hearing Counsel upon the Petition and Appeal of David Wallace Merchant in Aberhrotbock, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 18th of February and 19th of March last; 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 George Skene, William Miln, Archibald Scott, Thomas Miln, John Erskine, and David Maxwell, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors reversed, and Directions given.

It is Ordered and adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutors complained of in the said Appeal be, and the same are hereby reversed; and that the Appellant be replaced upon the Roll of Freeholders for the County of Forfar, from which he had been struck off.

Causes put off.

Ordered, That the Cause wherein the Honourable Lockhart Gordon is Appellant, and Jacob Adolphus and others are Respondents, which (lands appointed for hearing on Wednesday next, be put off to Friday the 20th of January next; and that the Cause wherein James Hunter is Appellant, and John Shepherd is Respondent, which stands appointed for hearing on Friday next, be put off to Monday the 23d of January next.

Murray against Hamiltons.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Patrick Murray Esquire is Appellant, and Helen and Jacobma Hamilton 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.

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad et in diem Lunæ, quintum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 5^o Decembris 1768.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

O'Shaughnussy against Prendergast and South.

The Answer of John Prendergast and Charles Smith Esquires, Two of the Respondents to the Appeal of Joseph O'Shaughnussy Esquire, was this Day brought in.

E. Strafford takes the Oaths.

William Earl of Strafford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

O'Donnell against Bigger.

After hearing Counsel upon the Petition and Appeal of Richard O'Donnell of Manganstown, in the County of Tipperary, and Kingdom of Ireland, complaining of a Decree of the Court of Chancery in Ireland of the 13th of May 1763; and praying, “That the same may be reversed, 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 William Bigger, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Decree 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 Decree therein complained of be, and the same is hereby affirmed.

Smythe et al. against. Clay et al.

Ordered, That the Cause wherein John Smythe and others are Appellants, and Richard Lomax Clay and others are Respondents, which stands appointed for hearing on Monday next, be put off to Wednesday the 25th of January next.

Ponsonby against Adams et al.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein William Carrique Ponsonby Esquire is Appellant, and Prudence Adams 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.

Geddie and Mackintosh against Dempster.

Ordered, That the Committee to whom the Appeal, wherein Robert Geddie and Robert Mackintosh Esquires are Appellants, and George Dempster Esquire is Respondent, stands referred, be revived, and meet on Friday the 16th Day of this instant December.

Malt Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, “An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and sixty-nine;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn;

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 7^o Decembris 1768.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. for E. Sandwich and E. March to be examined there.

A Message was brought from the House of Commons, by Sir Joseph Mawbey and others:

To desire this House will give Leave to the Earl of Sandwich and the Earl of March to come on Monday next to the House of Commons, in order to be examined as Witnesses on the Allegation in the Petition of John Wilkes Esquire, a Member of that House, charging Philip Carteret Webb Esquire, then Solicitor to the Treasury, with having suborned, and bribed with the public Money, one Michael Curry, to give Evidence against the Petitioner at the Trials, according to the Directions of the Said Mr. Webb.

And then the Messengers withdrew.

Which done, the Earl of Sandwich, in his Place, acquainted the House, “That he was willing and desirous to go, if the House thought fit.”

Then the Said message was read by the Clerk;

And the Messengers were again called in, and acquainted, “That this House will send an Answer by Messengers of their own.”

Greening to take the Name of Gott, Bill.

A message was brought from the House of Commons, by Mr. Sandys and others:

With a Bill, intituled, “An Act to enable Henry Thomas Greening Esquire to take and use the Surname of Gott, pursuant to the Will of Mary Gott deceased;” to which they desire the Concurrence of this House.

Niedrick's Nat. Bill.

A message was brought from the House of Commons, by Mr. Burke and others:

With a Bill, intituled, “An Act for naturalizing Paul Niedrick;” to which they desire the Concurrence of this House.

Sinclair et al. against Threiplands.

Upon reading the Petition and Appeal of Mrs. Katherine Sinclair, Second lawful Daughter of David Sinclair of Southdun, deceased, by his Second Wife, and James Sinclair of Durham Esquire, her Trustee, Henrietta, Janet, Amelia, and Margaret Sinclair, only Children now in Life of the Marriage between James Sinclair of Harpsdale and Mrs. Marjory Sinclair deceased, eldest Daughter of the Said David Sinclair's Second Marriage, and their Said Father, as Administrator in Law for them; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the nth of February and 10th of March 1767; and of an Interlocutor of the Lords of Session there, of the 26th of July last; and of Two Interlocutors of the Said Lords, of the 25th of November last; and praying, That the same may be reversed, varied, or altered, or that the Appellants may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that David and Stewart Threiplands may be required to answer the Said Appeal:”

It is Ordered, That the said David and Stewart Threiplands may have a Copy of the Said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Wednesday the 6th Day of January next; and Service of this Order upon any of the Procurators or Agents of the Said Respondents, before the Said Court of Session in Scotland, shall be deemed good Service.

Arthur against Gourlay.

Upon reading the Petition and Appeal of James Arthur, late Surgeon to the Regiment of Foot commanded by Colonel Morris, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 16th of May and 22d of June last; of an Interlocutor of the Lord Ordinary there, of the 3d of August last; and also of an Interlocutor of the Said Lords of Session of the 25th of November last; and praying, “That the same may be reversed or varied, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem, just; and that Janet Gourlay may be required to answer the Said Appeal:”

It is Ordered, That the Said Janet Gourlay may have a Copy of the Said Appeal, and do put in her Answer thereto in Writing, on or before Wednesday the 6th Day of January next; and Service of this Order upon any of her known Agents, before the Court of Session in Scotland, shall be deemed good Service.

Garth, Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Richard Garth 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 to I empower Richard Garth Esquire to make Leases of his Settled Dates in the County of Surrey, for building upon, and improving the same.”

Proceedings of Commissioners for paving Westminster Streets, delivered.

The House being informed, “That Mr. Box, from the Commissioners for paving Westminster Streets, attended.”

He was called in, and delivered at the Bar, pursuant to Act of Parliament, the Proceedings and Accounts of the Said Commissioners, as follow:

“Copy of the Proceedings of the Commissioners for putting in Execution the several Acts of Parliament, made in the 2d, 3d, 4th, and 5th Years, of His present Majesty's Reign, for paving, cleansing, and lighting, the Squares, Streets, Lanes, and other Places, within the City and Liberty of Westminster, &C. from the 16th Day of December 1767, to the 23d Day of November 1768, both inclusive.”

And also, “An Account of all Contracts and Agreements made by the Said Commissioners from the 25th Day of November 1767, to the 23d Day of November 1768, both inclusive.”

And then he withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the same do lie on the Table.

More American Papers delivered.

The Lord Harwich (by His Majesty's Command) laid before the House more Copies of Letters, &c. from America, together with a List thereof, which was read by the Clerk, as follows;

No. 1. Copy of a Letter from the Lords Commissioners of the Admiralty to the Earl of Hillsborough, dated 2d December 1768, enclosing,

Copy of a Letter from Commodore Hood to Mr. Stephens, dated at Halifax, 12th October 1768.

Copy of a Letter from Colonel Dalrymple to Captain Smith, Commanding Officer of His Majesty's Ships at Boston, dated Boston, 2d October 1768.

Copy of a Letter from Colonel Dalrymple to Commodore Hood, dated at Boston, 4th October 1768.

Copy of a Letter from Captain Smith, Commanding Officer of His Majesty's Ships at Boston, to Commodore Hood, dated 5th October 1768.

Copy of a Diary kept by Captain Corner.

Extract of a Letter from Commodore Hood to Mr. Stephens, dated on board the Viper Sloop, in Halifax Harbour, October 23d, 1768.

Copy of a Letter from General Gage to Commodore Hood, dated at Boston, 18th October 1768.

“No. 2. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, 14th October 1768.”

Ordered, That the Said Papers do lie on the Table.

Consideration of American Papers put off.

Ordered, That the Consideration of the America) Papers, which stands appointed for this Day, be put off to Friday next; and that the Lords be summoned.

The Message from H. C. for Two Peers to be examined there, referred to a Committee of the whole House.

Then it was moved, “That the Message from the Commons, desiring the Attendance of the Earl of Sandwich and the Earl of March, be referred to a Committee of the whole House, to consider thereof, and to report their Opinion thereupon.”

The same was agreed to, and Ordered accordingly.

Whereupon the House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time the House was resumed:

Revolution of Committee reported, and agreed to, and to be communicated to the H. C. at a Conference.

And the Lord Delamer reported from the Committee, “That they had considered the Message to them referred, and had come to the following Resolutions; (videlicet)

1st, Resolved, That it is the Opinion of this Committee, That the Message now sent from the House of Commons is not agreeable to the ancient and regular Course of Parliaments.

“2dly, Resolved, That it is the Opinion of this Committee, that the House of Commons be desired to inform this House, what Grounds have been laid before them for suspecting Two Peers of this House of being privy to the Subornation of Evidence with the Public Money.”

And the same, being read by the Clerk, were agreed by the House.

Ordered, That the Said Resolutions be communicated to the Commons at a Conference.

Message to H. C. for the Conference.

A Message was sent to the House of Commons, by Mr. Harris and Mr. Montagu:

To desire a present Conference with that House in the Painted Chamber, upon the Subject Matter of their Message to the Lords.

The Lords following were appointed a Committee to prepare what is proper to be offered to the Commons at a Conference:

Their Lordships, or any Five of them, to meet immediately in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Then the House was adjourned during Pleasure, and the Committee withdrew to prepare what they were directed.

After some Time, the House was resumed:

Heads for the Conference reported.

And the Lord President reported from the Committee what they had prepared to be offered at the Conference, as follows: (videlicet),

That the Lords, constantly desirous that all good Intelligence and right Understanding should be maintained betwixt the Two Houses, and considering that nothing can tend more effectually thereunto than a close Adherence to the ancient and regular Methods of Proceedings between the Two Houses, have desired this Conference, to communicate to the House of Commons, That, upon Inspection of Precedents, this House is of Opinion that the Message sent from the House of Commons, for Two Peers to attend them, in order to be examined as Witnesses, is not agreeable to the ancient and regular Course of Parliament.

“And taking into their Consideration how much their Honour is concerned in the Imputation contained in the Said Message against Two Members of their House, they desire to be informed what Grounds have been laid before the House of Commons for suspecting Two Peers of being privy to the Subornation of Evidence with the Public Money.”

Which Report, being read by the Clerk, was agreed to by the House.

Mutiny Bill.

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

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

The Said Bill was read the First Time.

H. C. Answer to Message for a present Conference.

The Messengers sent to the House of Commons, to desire a present Conference with that House, being returned, acquainted this House, “That the Commons, for Answer, say, “That they having sent several Messages this Day to the Lords, they do desire to know from their Lordships upon the Subject Matter of which Message their Lordships do desire a present Conference with (fn. 1) this House in the Painted Chamber.”

Another Message to H. C. thereon.

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

To desire a present Conference with that House in the Painted Chamber, upon the Subject Matter of their Message of this Day to the Lords, desiring the Attendance of Two. of their Members, to be examined as Witnesses, on Monday next.

Malt Bill.

Hodie 2^o vice lecta est Billa, intituled, “An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of, the Year, One thousand seven hundred and sixty-nine.”

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

Ordered, That the House be put into a Committee upon the Said Bill Tomorrow.

Earl of March desirous to go to the H. C.

The Earl of March, in his Place, acquainted the House, “That he was ready and desirous to go to the House of Commons, if this House thinks fit.”

Schneider's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, “An Act for naturalizing John Henry Schneider.”

Ordered, That the Said Bill be committed to the Considerations 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.

Niedrick's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, “An Act for naturalizing Paul Niedrick.

Greening to take the Name of Gott, Bill.

Hodie 1^a vice lecta est Billa, intituled, “An Act to enable Henry Thomas Greening Esquire to take and use the Surname of Gott, pursuant to the will of Mary Gott deceased.”

Conference had on Message from H. C. for the Attendance of Two Peers to be examined there.

The Messengers sent to the House of Commons, to desire a present Conference with that House, being returned, acquainted the House, “That the Commons do agree to a Conference with this House, as desired.”

Ordered, That the Committee appointed to prepare what is proper to be offered to the Commons at the Conference, be the Managers of the Conference.

The House being informed, “That the Managers for the Commons were ready for the Conference in the Painted Chamber:”

The Names of the Managers for the Lords were called over:

And the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended,

The House was resumed, and the Lord President reported, “That they had met the Managers for the Commons, and delivered to them what they were directed.”

Adjourn.

Dominus Cancellarius declaravit prasens Parliamentum continuandum esse usque ad et in diem Jovis, octavum diem infant's Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 8^o Decembris 1768.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Advocate for Scotland, against Marquis of Lothian.

Upon reading the Petition of His Majesty's Advocate for Scotland, setting forth, “That the Estate of Henry Kerr having been vested in His late Majesty by Act of Parliament, in consequence of Kerr's Conviction for Accession to the Rebellion in 1745; and that the Marquis of Lothian having claimed the Said Estate, as Superior of the same, by virtue of an Act of Parliament for encouraging Superiors, &c. passed on Occasion of the Rebellion in 1715; the Court of Session, by their Judgement of the 18th of June last, was pleased finally to sustain the Claim of the Marquis: That by the Said Vesting Act, the Decrees of the Court of Session, acting under the Authority of that Statute, become final and binding upon all Parties, unless an Appeal be taken within Thirty Days at the Time of the Entry of Appeals in ordinary Cases: That this Question is of great Consequence to His Majesty as well as to the Public, and the Thirty Days to which the Petitioner on Behalf of His Majesty is limited, is not yet expired;” and therefore praying their Lordships “to receive his Said Appeal:”

It is Ordered, That the Petitioner be at Liberty to present his Said Appeal, as desired.

Whereupon, upon reading the Petition and Appeal of James Montgomery, His Majesty's Advocate for Scotland, on Behalf of His Majesty, complaining of several Interlocutors of the Lord Ordinary in Scotland, of the 7th of February 1756, the 27th of February, 11th of March, and 22d of July 1767, and 24th of February, 9th of March, and 18th of June last; and praying, “That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that William Marquis of Lothian may be required to answer the Said Appeal:”

It is Ordered, That the Said William Marquis of Lothian may have a Copy of the Said Appeal, and do put in his Answer thereto in Writing, on or before Thursday the 7th Day of January next; and Service of this Order upon the Said Respondent, or upon his Procurators or Agents in the Said Court of Session in Scotland, shall be deemed good Service.

Limitation of Appealls before Christmas.

Ordered, That this House will hear no more Appeals before the Recess at Christmas, than the Cause wherein Sir John Anstruther Baronet is Appellant, and David Maxwell of Cardeness is Respondent.

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, “An Act for punishing Mutiny and Desertion, and for the betted 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 Tomorrow.

Niedrick's Nat Bill.

Hodie 2^a vice lecta est Billa, intituled, “An Act for naturalizing Paul Niedrick.”

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

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

Gaith's Bill.

Hodie 2^a vice lecta est Billa, intituled, “An Act to empower Richard Garth Esquire to make Leases of his Settled Estates in the County of Surry, for building upon, and improving the same.”

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 the 23d Day of this instant December, at the usual Time and Place. .and to adjourn as they please.

Greening to take the Name of Gott, Bill.

Hodie 2^a vice lecta est Billa, intituled, “An Act to enable Henry Thomas Greening Esquire to take and use the Surname of Gott, pursuant to the Will of Mary Gott deceased.”

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

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

The House (according to Order) was adjourned Malt Bill, during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and sixty-nine.”

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.”

Aylett's Petition to be discharged.

A Petition of Edward Aylett was presented and read; setting forth, “That he was, by Order of their Lordships, committed Prisoner to Newgate the First of December instant, for a notorious Breach of the Privilege of this House, in bringing an Action at Law, at the Suit of John Biggs, against John Adam Frederick Hesse Esquire, One of His Majesty's Justices of the Peace acting under the Order of this Honourable House, for imprisoning the Said John Biggs; and for the Petitioner's having prevaricated at the Bar of this House: That the Petitioner is fully sensible of the Impropriety of the Said Action, and is deeply concerned and sorry for his having unwarily brought such Action, and been guilty of such Prevarication, in Contempt and Breach of the Privilege of this House, and thereby justly incurring their Lordships Displeasure and Censure: That the Petitioner hath at this Time under his Care a great Number of Causes, some of which are ready for Trial, and other affairs of great Importance to his Clients, and whose Interest will suffer greatly by the Petitioner's longer Confinement:” And therefore praying their Lordships “to take his Case under Consideration, and out of their great Goodness and Compassion, order the Petitioner to be discharged from his Confinement, in such Manner as to their Lordships shall seem meet.”

Then it was moved, “That the Said Edward Aylett be brought to the Bar of this House Tomorrow.”

After Debate,

The same was agreed to.

To be brought to the House Tomorrow.

Ordered, That the Keeper of Newgate do bring the Said Edward Aylett to the Bar of this House Tomorrow.

Adjourn.

Dominus Cancellarius declaravit prasens Parliamentum continuandum esse usque ad et in diem Veneris, nonum diem instants Decembris, hora undecima Auroræ, Dominis sic decernentibus.

23^o Martini 1786.

Hitherto examined by us,

Morton.

Hopetoun.

Sundridge.

DIE Veneris, 9^o Decembris 1768.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Schncider's Nat. Bill.

The Lord Delamer reported from the Lords Committees, to whom the Bill intituled, “An Act for naturalizing John Henry Schneider,” 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.”

Niedrick's Nat. Bill.

The Lord Delamer also made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Paul Niedrick,” was committed.

Importation of Rice from America, Bill.

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

With a Bill, intituled, “An Act to allow for a further Time the free Importation of Rice into this Kingdom from His Majesty's Colonies in 'North America;” to which they desire the Concurrence of this House.

Stonely Enclosure Bill.

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

With a Bill, intituled, “An Act for dividing and enclosing the Common Fields and Common Grounds, in the Township of Stonely, in the Pariah and Manor of Kimbolton, in the County of Huntingdon;” to which they desire the Concurrence of this House.

The Said last-mentioned Bill was read the First Time.

Marine Mutiny Bill.

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

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

Crawford Green, &c. Road Bill.

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

With a Bill, intituled, “An Act for repairing and widening the Roads from the Turnpike Road at Gilford Green, in the Parish of Cranbrooke, to the Turnpike Road in the Pariah of Sandhurst, and from the Green near Benenden Church, to the Bull Inn at Rolvenden Cross, in the County of Kent,” to which they desire the Concurrence of this House.

Aylett reprimanded and discharged, paying his lees.

The Order of the Day being read for the Attendance of Edward Aylett:

The House was informed, “That the Deputy Keeper of Newgate attended with his Prisoner Edward Aylett, pursuant to the Order of Yesterday:”

The Said Edward Aylett was brought to the Bar, where he (on his Knees) was reprimanded by the Lord Chancellor, and acquainted, “That he was discharged out of Custody, paying his Fees;” and then he was directed to be taken from the Bar.

Ordered, That the Said Edward Aylett be discharged out of Newgate, paying his Fees; and this shall be a sufficient Warrant in that Behalf:

To the Keeper of Newgate, his Deputy or Deputies, and every of them.

Madrass's Nat. Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, “An Act for naturalizing George Madrass;” to which they desire the Concurrence of this House.

Accounts from the Chamberlain.

The House being informed, “That a Person from the Chamberlain of the City of London attended:

of the City of London delivered.

He was called in, and delivered at the Bar, pursuant to Acts of Parliament,

“An Account of Money received and paid in pursuance of the Acts for building and Completing the Bridge at Blackfryars, from the 28th Day of September 1767, exclusive, to 28th of September 1768, inclusive.”

Also, “An Account of Money received and paid in pursuance of an Act for the better paving, cleansing, and enlightening, the City of London, and the Liberties thereof, from the 28th September 1767, exclusive, to the 28th September 1768, inclusive.”

Also, “An Account of Money received and paid in pursuance, of an Act for repairing the Royal Exchange, in the City of London, from the 28th of September 1767, exclusive, to the 28th September 1768, inclusive.”

Also, “An Account of Money received and paid in pursuance of an Act for embanking Part of the River Thames, from the 28th Day of September 1767, exclusive, to the 28th September 1768, inclusive.”

Also, “An Account of Money received and paid in pursuance of an Act for rebuilding the Gaol of Newgate, in the City of London, from the 28th of September 1767, exclusive, to the 28th September 1768, inclusive.”

And also, “An Account of the Surplus of the Fund for the Relief of the Orphans and other Creditors of the City of London, on the 5th Day July 1768.”

And then he withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the Said Accounts do lie on the Table.

American Papers considered.

The Order of the Day being read for the Considerations of the American Papers, and for the Lords to be summoned:

Several of the Said Papers were read.

Then it was moved, “That the further Considerations of the Said Papers be adjourned to Monday next, and that the Lords be summoned.”

The same was agreed to, and Ordered accordingly.

Mutiny Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, “An Act for punching Mutiny and Desertion, and for the better Payment of the Army and their Quarters:”

Ordered, That the House be put into a Committee upon the Said Bill on Monday next.

Adjourn.

Dominus Cancellarius declaravit prasens Parliamentum continuandum esse usque ad et in diem Bunas, duodecimum diem instants Decembris, hora undecima Auroræ, Dominis sic decernentibus.