Journal of the House of Lords Volume 30, 1760-1764. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 30: March 1762, 1-10', in Journal of the House of Lords Volume 30, 1760-1764( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol30/pp173-188 [accessed 22 December 2024].
'House of Lords Journal Volume 30: March 1762, 1-10', in Journal of the House of Lords Volume 30, 1760-1764( London, 1767-1830), British History Online, accessed December 22, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol30/pp173-188.
"House of Lords Journal Volume 30: March 1762, 1-10". Journal of the House of Lords Volume 30, 1760-1764. (London, 1767-1830), , British History Online. Web. 22 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol30/pp173-188.
In this section
March 1762, 1-10
DIE Lunæ 1o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Tavistock Road, Bill.
The Earl Delawar reported from the Lords Committees to whom the Bill, intituled, "An Act for re pairing, widening, and altering, several Roads leading from Tavistock to Plymouth, and other Places, in the County of Devon," 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."
Bolton Road, Bill.
The Earl Delawar reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Roads from a certain Place near Bolton in the Moors to Leigh, and thence to the Guide Post near Golbourne Dale, and to the South End of Newton Bridge, and from the said Guide Post to Winwick, and from Newton by Parr Stocks to the Guide Post in Parr, in the County Palatine of Lancaster," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Swindon, Marlborough, &c. Road, Bill.
The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for amending and widening the Road from the Turnpike Road, at or near the Town of Swindon, to the North End or Side of the Town of Marlborough, and from the said Town of Marlborough to the Village of Everley, in the County of Wilts," 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."
Tancred's Charity, Bill; Committee revived.
Ordered, That the Committee to whom the Bill, intituled, "An Act for incorporating the Trustees named in the Settlement and Will of Christopher Tancred Esquire, deceased; and to enable them to take the Estate late of the said Christopher Tancred, to them and their Successors, in Perpetuity, for the Charitable Uses in such Settlement and Will, and for the better Management of the Charity," be revived, and meet on Wednesday next; and that all the Lords who have been present this Session, and are not named of the Committee, be added thereto.
Boyd's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting a Rent Charge in Fee Simple in Trustees, for the Benefit of certain poor Families, described in the Will of John Styleman, deceased, in Lieu of a Moiety of certain Lands and Hereditaments devised by the same Will, for the Benefit of the said poor Families; and for vesting the said Moiety in Fee Simple in John Boyd Esquire and his Heirs."
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. Montague and Mr. Lane:
To carry down the said Bill, and desire their Concurrence thereto.
Blake's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Patrick Blake Esquire, a Minor, to make a Settlement on Annabella Bunbury Spinster, and the Issue of their intended Marriage; and for other Purposes therein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Tuesday the 16th Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
L. Bolingbroke's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for discharging the Estate of Frederick Viscount Bolingbroke, in the County of Surry, from the Uses and Limitations of a former Settlement; and for settling Lands and Hereditaments in the County of Kent, in Lieu thereof, to the same Uses."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
Tregony Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Lostwithiel Turnpike Road in the Parish of Creed in the County of Cornwall, through Tregony, to Ruan Lanehorne, and from Dennis Water to Three Hundred Yards of the South Side of Trethim Mill in the Parish of Saint Just in the said County."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Friday next, at the usual Time and Place; and to adjourn as they please.
D. of Bedford and Feoffees of Tavistock Parish Lands, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of his Grace the Duke of Bedford and others, Feoffees of certain Lands in the Parish of Tavistock, called Parish Lands; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, commonly called The Feoffees Lands of the Parish of Tavistock, in the County of Devon, in his Grace John Duke of Bedford; and for establishing a better Fund in Lieu thereof."
Mackenzie & Ux Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of George Mackenzie Esquire and Elizabeth his Wife; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting all the Real and Personal Estates late of Elizabeth Morgan Widow, deceased, in Elizabeth Mackenzie, Wife of George Mackenzie Esquire, her Niece, Heir at Law, and only next of Kin, discharged from all Right, Claims, and Interest, of the Master and Fellows of Gonville and Caius College in the University of Cambridge."
The King's Answer to Address for State of National Debt.
The Earl of Powis reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, for a State of the National Debt; and that His Majesty was pleased to say, He would give Directions that the same be laid before the House accordingly."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, secundum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 2o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Bp. of London takes the Oaths.
Richard Lord Bishop of London took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Hinckley Road, Bill.
A Message was brought from the House of Commons, by Sir John Phillips and others:
With a Bill, intituled, "An Act for amending, widening, and keeping in Repair, the Road from Castle Street at the End of the Town of Hinckley, to Lutterworth Town's End, and from or near the Guide Post at Walcot Town's End, in the County of Leicester, to the Eighty Mile Stone in Welford Field in the County of Northampton;" to which they desire the Concurrence of this House.
Schumather and Brandt's Nat. Bill.
A Message was brought from the House of Commons, by Mr. Smith and others:
With a Bill, intituled, "An Act for naturalizing Philip Schumacher and Nicholas Brandt;" to which they desire the Concurrence of this House.
Woods Tidemills at Bishopston, Bill.
A Message was brought from the House of Commons, by Mr. Butler and others:
With a Bill, intituled, "An Act for authorizing and enabling John Woods, William Woods, and John Challen, Merchants, to erect and build One or more Tide Mill or Tide Mills, for grinding Corn and Grain, upon a Creek or Channel in the Manor and Parish of Bishopston, in the County of Sussex;" to which they desire the Concurrence of this House.
The said Three Bills were severally read the First Time.
D. of Bedford and Feoffees of Woburn Charity, Bill.
The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, heretofore given in Trust for the Benefit of the poor Inhabitants of the Parish of Woburn, in the County of Bedford, in his Grace John Duke of Bedford and his Heirs; and for establishing a better Fund in Lieu thereof," 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.
Report concerning Standing Orders on Private Bills and Causes; and Order thereupon.
The Earl of Shaftesbury reported from the Lords Committees appointed to take into Consideration the Roll of Standing Orders of this House, and to report from Time to Time what they shall think proper thereupon: "That the Committee have met; and, having agreed to consider of the Standing Orders relating to Private Bills in the First Place, their Lordships are of Opinion, That none of the Standing Orders of this House, directed to be observed by Committees upon Private Bills, be dispensed with for the future, in any Case, before the Committee upon such Bill have met and considered the Bill; and unless the said Committee do report their Opinion thereupon to the House, together with the particular Reasons for the Dispensation desired; and unless the said Reasons be read, at the Table, on the Day appointed (according to the Standing Orders of this House) for taking the Motion for dispensing with such Standing Order into Consideration.
"That the Committee, having also taken into Consideration the Standing Orders of the 28th of June 1715, and 14th of January 1705, relating to the Hearing of Causes; their Lordships are of Opinion, that the said Standing Orders be strictly observed for the future."
Which Report, being read by the Clerk, was agreed to by the House; and ordered accordingly.
Swindon, Marlborough, &c. Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for amending and widening the Road from the Turnpike Road, at or near the Town of Swindon, to the North End or Side of the Town of Marlborough, and from the said Town of Marlborough to the Village of Everley, in the County of Wilts."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Bolton Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from a certain Place near Bolton in the Moors to Leigh, and thence to the Guide Post near Golbourne Dale, and to the South End of Newton Bridge, and from the said Guide Post to Winwick, and from Newton, by Parr Stocks, to the Guide Post in Parr, in the County Palatine of Lancaster."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Tavistock Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing, widening, and altering, several Roads leading from Tavistock to Plymouth, and other Places in the County of Devon."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Three preceding Bills.
And Messages were severally ordered to be sent to the House of Commons, by Mr. Montague and Mr. Lane:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Mason & al. Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of William Mason Esquire and Elizabeth his Wife, and others; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for selling Part of the Estates of William Mason Esquire, devised to him by the Will of William Mason Esquire, deceased; and for laying out the Money to arise thereby in the Purchase of other Lands and Hereditaments, to be settled, in Lieu thereof, to the Uses limited by the said Will; and for exchanging other Part of the said Estates of the said William Mason, so devised, for other Lands and Tenements, to be settled, in Lieu thereof, to the Uses limited by the same Will."
Dicker's Executors, Petition referred to Judges.
Upon reading the Petition of John Curtis and Mark Davis of Bristol, Merchants, the acting Executors and Trustees of the Will of Samuel Dicker late of Walton upon Thames in the County of Surry Esquire, deceased, and also of William Field and Ann his Wife, late Ann Delver, for herself, and on the Behalf of Mary Delver her Daughter, an Infant; praying Leave to bring in a Bill, for vesting the Inheritance of a Piece of Ground, called Wharf Field, in Walton aforesaid, in the Petitioners John Curtis and Mark Davis, for the considerations and Purposes therein mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Foster; who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
Report on Scotch Peerage:
The Lord Willoughby of Parham reported from the Lords Committees for Privileges, to whom it was referred to consider of, and make up a List of, the Peers of Scotland at the Time of the Union, whose Peerages are still continuing, "That the Committee have met, and considered further of the Matter to them referred; and have come to the following Resolutions; (videlicet,)
Resolutions concerning Graham, styling himself Earl of Monteith.
"Resolved, That it is the Opinion of this Committee, That William Graham, taking upon himself the Title of Earl of Monteith, not having attended, by himself, or any Person properly authorized for him, to shew by what Authority, and upon what Grounds, he takes upon himself the said Title, pursuant to the Order of this House of the 27th of January last; and it not appearing that the said William Graham hath taken any Step towards the Prosecution of his Claim; he ought, to all Intents and Purposes, to be considered as having no Right to the said Title by him assumed, until he shall have made out his Claim, and procured the same to be duly allowed in the legal Course of Determination; and that, in the mean Time, until the same shall be so allowed, the said William Graham, or any Person claiming under him, shall not be admitted to vote, by virtue of the said Title, at the Election of any Peer of Scotland to sit and vote in this House, pursuant to the Articles of Union.
"2. Resolved, That it is the Opinion of this Committee, That the said William Graham be ordered not to presume to take upon himself the said Title, Honour, and Dignity, until his Claim shall have been allowed in due Course of Law; and that Notice of these Resolutions and Orders be given to the Lord Clerk Register of Scotland."
Which Report was read by the Clerk.
And the said Resolutions, being read a Second Time, were severally agreed to by the House; and ordered accordingly.
Morgan & al. against E. of Winchilsea.
Ordered, That the Hearing of the Cause wherein Thomas Morgan Esquire and others are Appellants, and Daniel Earl of Winchilsea and others Respondents, which stands appointed for To-morrow, be put off to Wednesday the 28th Day of April next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, tertium diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 3o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Chester Nightly Watch, Bill.
The Lord Grosvenor reported from the Lords Committees to whom the Bill, intituled, "An Act for better regulating the Poor, maintaining a Nightly Watch, lighting, paving, and cleansing, the Streets, Rows, and Passages, providing Fire Engines and Firemen, and regulating the Hackney Coachmen, Chairmen, Carmen, and Porters, within the City of Chester," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
D. of Bedford and Feoffees of Woburn Charity, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, heretofore given in Trust for the Benefit of the poor Inhabitants of the Parish of Woburn, in the County of Bedford, in his Grace John Duke of Bedford and his Heirs; and for establishing a better Fund in Lieu thereof."
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. Montague and Mr. Lane:
To carry down the said Bill, and desire their Concurrence thereto.
Hinckley Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the Road from Castle Street, at the End of the Town of Hinckley, to Lutterworth Town's End, and from or near the Guide Post at Walcot Town's End in the County of Leicester, to the Eighty Mile Stone in Welford Field in the County of Northampton."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Tuesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Wadesmill Road, Bill.
A Message was brought from the House of Commons, by Mr. Byde and others:
With a Bill, intituled, "An Act for enlarging the Term and Powers granted by Two several Acts, passed in the Sixth and Sixteenth Years of His late Majesty, for the more effectual repairing the Roads leading from Wadesmill, in the County of Hertford, to Barley and Royston; and for making the said Acts more effectual;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ly. Stormont, Leave for a Nat. Bill.
Upon reading the Petition of Henrietta Frederique Viscountess Stormont, Wife of David Viscount Stormont; praying, "That Leave may be given to bring in a Bill for her Naturalization:"
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
L. Chedworth & al. Petition referred to Judges.
Upon reading the Petition of the Right Honourable John Thynne Lord Chedworth, and of the Honourable Frederick Henry Howe, Thomas Howe, James Howe, and William Howe (the Younger Brothers of the said John Thynne Lord Chedworth), and also of the said Thomas Howe as Guardian, and for and on Behalf of John Howe an Infant, his only Son; praying Leave to bring in a Bill, for Sale of certain Estates, in the Counties of Glamorgan and Wilts, entailed by the Wills of John Grobham Howe and John late Lord Chedworth, deceased, for discharging of Debts and Encumbrances; 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 Justice of the Court of Common Pleas and the Lord Chief Baron of the Court of Exchequer; 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.
Sir N. Carew, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Nicholas Hackett Carew and John Arbuthnot; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act to enable Sir Nicholas Hackett Carew Baronet to grant a Lease or Leases of Part of his settled Estate, for the Improvement thereof, pursuant to a Contract by him entered into for that Purpose."
Ram, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Humfreys Ram Esquire and Mary his Wife; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for discharging certain Leasehold Houses and Tenements, comprized in the Marriage Settlement of Humfreys Ram Esquire, from the Trusts of that Settlement; and for settling Freehold Estates, of greater Value, in Lieu thereof."
Trustees of Tancred's Charity, Bill.
The Lord Hay reported from the Lords Committees to whom the Bill, intituled, "An Act for incorporating the Trustees named in the Settlement and Will of Christopher Tancred Esquire, deceased; and to enable them to take the Estate late of the said Christopher Tancred to them and their Successors in Perpetuity, for the Charitable Uses in such Settlement and Will, and for the better Management of the Charity," 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.
Mason's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for selling Part of the Estates of William Mason Esquire, devised to him by the Will of William Mason Esquire, deceased; and for laying out the Money to arise thereby in the Purchase of other Lands and Hereditaments, to be settled, in Lieu thereof, to the Uses limited by the said Will; and for exchanging other Part of the said Estates of the said William Mason, so devised, for other Lands and Tenements, to be settled, in Lieu thereof, to the Uses limited by the same Will."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Thursday the 18th Day of this Instant March, at the usual Time and Place; and to adjourn as they please.
Mackenzie's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting all the Real and Personal Estates late of Elizabeth Morgan Widow, deceased, in Elizabeth Mackenzie, Wife of George Mackenzie Esquire, her Niece, Heir at Law, and only next of Kin, discharged from all Right, Claims, and Interest, of the Master and Fellows of Gonville and Caius College in the University of Cambridge."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
Schumacher & Brandt's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Philip Schumacher and Nicholas Brandt."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Friday next, at the usual Time and Place; and to adjourn as they please.
E. Bucks & al. against Ly. Drury.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Earl of Buckinghamshire and others are Appellants, and Dame Martha Drury Widow 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 the Recess at Easter.
Swanburne Common Bill, the King's Consent signified.
The Earl of Egremont acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, Common Grounds, and Commonable Places, in the Parish of Swanburne, in the County of Bucks," was pleased to consent (as far as His Majesty's Interest is concerned), that their Lordships may proceed therein as they shall think fit."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 4o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Swansea Enclosure, Bill:
The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing Two Pieces or Parcels of Open and Unenclosed Lands, called The Town Hill, and The Burroughs, in the Borough and Manor of Swansea, in the County of Glamorgan," 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."
Swanburne Enclosure, Bill.
The Earl of Shaftesbury also reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, Common Grounds, and Commonable Places, in the Parish of Swanburne, in the County of Berks," 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 made One Amendment thereto."
Which Amendment, being read Twice by the Clerk, was agreed to by the House; and is as follows:
"Press 4. L. 8. After ["be"], leave out ["before the enclosing thereof equal in Value to Fourteen Pounds and Ten Shillings by the Year, free from Tythe,"]; and instead thereof insert, ["at the Time of making such Allotment, a full Equivalent and Compensation for the Glebe Lands and Right of Common now belonging to the said Vicarage."]."
Trustees of Tancred's Charity, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for incorporating the Trustees named in the Settlement and Will of Christopher Tancred Esquire, deceased, and to enable them to take the Estate late of the said Christopher Tancred to them and their Successors, in Perpetuity, for the Charitable Uses in such Settlement and Will; and for the better Management of the Charity."
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. Montague and Mr. Lane:
To carry down the said Bills, and desire their Concurrence thereto.
Aston upon Trent Enclosure, Bill.
A Message was brought from the House of Commons, by Mr. Loundes and others:
With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Meadows, Pastures, and Waste Grounds, in the Township of Aston upon Trent, in the County of Derby;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Phillimore's Bill:
A Message was brought from the House of Commons, by Mr. Rigby and others:
To return the Bill, intituled, "An Act for vesting a Piece or Pieces of Ground in Kensington, in the County of Middlesex, Part of the settled Estate of Robert Phillimore Gentleman, in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of Lands, Tenements, and Hereditaments, to be settled and limited to the like Uses as the said Ground now stands settled;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Nottingham Streets, Bill.
A Message was brought from the House of Commons, by Mr. Montague and others:
With a Bill, intituled, "An Act for the Enlightening the Streets, Lanes, and Passages, within the Town and County of the Town of Nottingham;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Chester Nightly Watch, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for better regulating the Poor, maintaining a Nightly Watch, lighting, paving, and cleansing, the Streets, Rows, and Passages, providing Fire Engines and Firemen, and regulating the Hackney Coachmen, Chairmen, Carmen, and Porters, within the City of Chester."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by the former Messengers:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Holden's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable John Holden Gentleman, and Thomas Holden his Son an Infant, and their Trustees, to raise the Sum of One Thousand Pounds upon certain Estates in Leicestershire and Warwickshire, or on a sufficient Part thereof, to be applied to the Purposes therein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Friday the 19th Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Sir D. Cunningham against Wardrobe & al.
Upon reading the Petition and Appeal of Major General Sir David Cunninghame of Livingstone Baronet; complaining of an Interlocutor of the Lords of Session in Scotland, of the 26th of February 1762; and praying, "That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief as to this House in their Lordships great Wisdom shall seem meet; and that William Wardrobe, John Warden, James Waddell, John Scott, George White, and William Meek, Heretors and Defenders, may be required to answer the said Appeal:"
It is Ordered, That the said William Wardrobe, John Warden, James Waddell, John Scott, George White, and William Meek, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the First Day of April next; and Service of this Order upon any of their Agents or Solicitors in the Court of Session in Scotland shall be deemed good Service.
Woods, Tide Mills at Bishopston, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for authorizing and enabling John Woods, William Woods, and John Challen, Merchants, to erect and build One or more Tide Mill or Tide Mills, for grinding Corn and Grain, upon a Creek or Channel in the Manor and Parish of Bishopston, in the County of Sussex."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Tuesday next, at the usual Time and Place; and to adjourn as they please.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 5o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Tregony Road, Bill.
The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road from the Lostwithiel Turnpike Road in the Parish of Creed, in the County of Cornwall, through Tregony to Ruan Laneborne, and from Dennis Water to Three Hundred Yards on the South Side of Trethim Mill, in the Parish of Saint Just, in the said County," 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."
Schumacher and Brandt's Nat. Bill.
The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Philip Schumacher and Nicholas Brandt," 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."
Ram's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for discharging certain Leasehold Houses and Tenements comprized in the Marriage Settlement of Humfreys Ram Esquire, from the Trusts of that Settlement; and for settling Freehold Houses, of greater Value, in Lieu thereof."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
D. Bridgewater. E. Shaftesbury. E. Moray. E. Abercorn. E. Marchmont. |
L. Bp. Landaff. L. Bp. Lincoln. |
L. Willoughby Par. L. Ward. L. Delamer. |
Their Lordships, or any Five of them; to meet on Monday the 22d Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Sir N. Carew's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Sir Nicholas Hacket Carew Baronet, to grant a Lease or Leases of Part of his settled Estate, for the Improvement thereof, pursuant to a Contract by him entered into for that Purpose."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
Swansea Enclosure, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing Two Pieces or Parcels of Open and Unenclosed Lands, called The Town Hill and The Burroughs, in the Borough and Manor of Swansea, in the County of Glamorgan."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Montague and Mr. Lane:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Wilson to enter into a Recognizance on Sir D. Cunningham's Appeal.
The House being moved, "That John Wilson of The Middle Temple Gentleman may be permitted to enter into a Recognizance for Sir David Cuninghame Baronet, on account of his Appeal depending in this House; he living in Scotland:
It is Ordered, That the said John Wilson may enter into a Recognizance for the said Appellant, as desired.
Swanburne Common, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, Common Grounds, and Commonable Places, in the Parish of Swanburne, in the County of Berks."
The Question was put, "Whether this Bill, with the Amendment, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by the former Messengers:
To acquaint them, that the Lords have agreed to the said Bill, with One Amendment, to which their Lordships desire their Concurrence.
Mackenzie & al. Magistrates of Dingwall against Col. Scott & al.
Upon reading the Petition and Appeal of John Mackenzie of Brae, One of the Baillies of the Borough of Dingwall for the Year immediately preceding Michaelmas 1758, and Donald Morison Treasurer of the said Borough for said Year; complaining of several Interlocutors of the Lords of Session in Scotland, of the 8th of August and 12th of December 1759, the 29th of February, the 13th of June, the 23d of July, 1760; and of Two Interlocutors of the 5th of December 1761; and also of Two other Interlocutors, of the 13th of January and 26th of February 1762; and praying, "That the same may be reversed, varied, or altered; or that the Appellants may have such other Relief as to this House in their Lordships great Wisdom shall seem just; and that Colonel John Scott of the Third Regiment of Guards, Kenneth Bayne of Tulloch, Kenneth Mackenzie Provost, and Andrew Robertson Treasurer and Town Clerk of Dingwall, Colin Mackenzie late Baillie, Thomas Mackenzie of Highfield Baillie, Alexander Mackenzie late Baillie, John Mackenzie late Baillie, John Robertson late Dean of Guild, Donald Morison late Treasurer, John Dingwall Writer in Edinburgh, William Mackenzie of Balmaduthie Advocate, William Mackenzie of Strathgarvie, Alexander Mackenzie of Muirtoun, and Murdoch Mackenzie in Dingwall, Counsellors, may be required to answer the said Appeal:"
It is Ordered, That the said Colonel John Scott 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 Friday the 2d Day of April next; and Service of this Order upon their known Counsel or Agents before the Court of Session in Scotland shall be deemed good Service.
Aston upon Trent, Enclosure, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Meadows, Pastures, and Waste Grounds, in the Township of Aston upon Trent, in the County of Derby."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Tuesday next, at the usual Time and Place; and to adjourn as they please.
Fisherton Bridge, Road Bill.
A Message was brought from the House of Commons, by Mr. James Harris and others:
With a Bill, intituled, "An Act to amend and render more effectual an Act passed in the last Session of Parliament, intituled, "An Act for amending, widening, and keeping in Repair, the Road leading from Fisherton Bridge to the Turnpike Road at Willoughby Hedge in West Knoyle, and from Wilton Bridge to the Turnpike Road at the West End of Heytesbury; and also the Road from the Turnpike Road at the Top of Red Hone Hill, in the Parish of Urshfont, to the Mile Stone at the Western End of Fisherton Street, in the County of Wilts;" 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 Lunæ, octavum diem instantis Martii, hora undecima Auroræ, Domin's sic decernentibus.
DIE Lunæ, 8o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Ly. Stormont's Nat. Bill.
The Lord Hay (pursuant to an order of the 3d Instant) presented to the House a Bill, intituled, "An Act for naturalizing Henrietta Frederique Viscountess Stormont, Wife of the Right Honourable David Lord Viscount Stormont."
The said Bill was read the First Time.
D. of Bridgewater's Navigation Bill.
A Message was brought from the House of Commons by Mr. Rigby and others:
With a Bill, intituled, "An Act to enable the most Noble Francis Duke of Bridgewater to make a Navigable Cut, or Canal, from Longford Bridge in the Township of Stretford in the County Palatine of Lancaster, to the River Mersey, at a Place called The Hemp Stones in the Township of Halton in the County of Chester;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Mellish's Bill.
The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for the Sale of Part of the Estates entailed by the Will of Edward Mellish Esquire, deceased; and for laying out the Money arising by such Sale in the Purchase of other Estates, to be settled to the like Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto, which Amendments, together with the Reasons offered to the Committee for dispensing with the Standing Order of the House, in relation to Bills for selling settled Estates, and purchasing other Estates to be settled in Lieu thereof, upon this Bill (there not being an Agreement made for the Purchase of another Estate to be settled in Lieu thereof, as required by the said Standing Order), he was ready to report, when the House will please to receive the same."
Ordered, That the said Report be received on Wednesday next.
Then it being moved, "That the said Standing Order be dispensed with in this Case:"
Ordered, That the said Motion be taken into Consideration on Wednesday next; and the Lords to be summoned.
Wadesmill Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by Two several Acts, passed in the Sixth and Sixteenth Years of His late Majesty, for the more effectual repairing the Roads leading from Wadesmill, in the County of Hertford, to Barley and Royston; and for making the said Acts more effectual."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Tregony Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Lostwithiel Turnpike Road in the Parish of Creed, in the County of Cornwall, through Tregony, to Ruan Laneborne, and from Dennis Water to Three Hundred Yards on the South Side of Trethim Mill in the Parish of Saint Just in the said County."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Schumacher and Brandt's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Philip Schumacher and Nicholas Brandt."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to the Two preceding Bills.
A Message was sent to the House of Commons, by Mr. Edwards and Mr. Holford:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Nottingham Streets, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the enlightening the Streets, Lanes, and Passages, within the Town and County of the Town of Nottingham."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Monday next, at the usual Time and Place; and to adjourn as they please.
Fisherton Bridge, Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to amend and render more effectual an Act passed in the last Session of Parliament, intituled, "An Act for amending, widening, and keeping in Repair, the Road leading from Fisherton Bridge to the Turnpike Road at Willoughby Hedge in West Knoyle, and from Wilton Bridge to the Turnpike Road at the West End of Heytesbury; and also the Road from the Turnpike Road at the Top of Red Hone Hill, in the Parish of Urshfont, to the Mile Stone at the Western End of Fisherton Street, in the County of Wilts."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Thursday next, at the usual Time and Place; and to adjourn as they please.
Tavistock Lands, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, commonly called The Feoffees Lands of the Parish of Taviftock, in the County of Devon, in his Grace John Duke of Bedford, and for establishing a better Fund in Lieu thereof."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Tuesday the 23d Day of this Instant March at the usual Time and Place; and to adjourn as they please.
Ruggles & al. Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Samuel Ruggles Esquire and others; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for discharging divers Lands, Estates, and Hereditaments, devised by the Will of Thomas Ruggles Esquire, deceased, from the Uses and Trusts of the said Will; and for settling other Lands and Tenements, of greater Value, in Lieu therof, to the like Uses."
Halyburton & al against Honeyman & al.
Upon reading the Petition and Appeal of Colonel James Halyburton of Pitcurr, Mungo Greme of Gremeshall, George Trail of Holland, Captain Benjamin Moodie of. Melsetter, Robert Greme of Breckness, James Baikie of Tankerness, Andrew Young of Castleyards, Andrew Ross Chamberlain of the Bishoprick of Orkney, and John Riddoch Sheriff Clerk of the Shire or Stewartry of Orkney and Zetland; complaining of Five Interlocutors of the Lords of Session in Scotland, of the 13th Day of February 1762; and praying, "That the same may be reversed, altered, or varied, or that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom and Justice shall seem meet; and that Patrick Honeyman, John Mackay, Thomas Baikie, Samuel Mitchelson, and David Covingtrie, may be required to answer the said Appeal:"
It is Ordered, That the said Patrick Honeyman, John Mackay, Thomas Baikie, Samuel Mitchelson and David Covingtrie, 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 5th Day of April next; and Service of this Order upon their Procurators or Agents in the Court of Session in Scotland shall be deemed good Service.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
4th December 1762, hitherto examined by us.
Marchmont.
St. John.
Boston.
DIE Martis, 9o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Aston upon Trent Enclosure, Bill.
The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Meadows, Pastures, and Waste Grounds, in the Township of Aston upon Trent, in the County of Derby," 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."
Hinckley Road, Bill.
The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for amending, widening, and keeping in Repair, the Road from Castle Street, at the End of the Town of Hinckley, to Lutterworth Town's End, and from or near the Guide Post at Walcot Town's End in the County of Leicester, to the Eighty Mile Stone in Welford Field in the County of Northampton," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Woods, Tide Mills at Bishopston, Bill.
The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for authorizing and enabling John Woods, William Woods, and John Challen, Merchants, to erect and build One or more Tide Mill or Tide Mills, for grinding Corn and Grain, upon a Creek or Channel in the Manor and Parish of Bishopston, in the County of Sussex," 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."
Fell & al. Leave for a Bill.
After reading, and considering, the Report of the Judges to whom was referred the Petition of Joseph Fell Esquire and John Perkins; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act to enable Joseph Fell Esquire to make a Lease of a Farm and Lands in Walthamstow, in the County of Essex, for a Term of Ninety-nine Years."
Dicker's Executors, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of the Executors of Samuel Dicker Esquire, deceased, and others; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting Two Acres of Land in Walton upon Thames in Trustees, to be sold and conveyed to the Executors of Samuel Dicker Esquire, for the Benefit of Mary Delver, an Infant."
Ruggles's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for discharging certain Lands, Estates, and Hereditaments, devised by the Will of Thomas Ruggles Esquire, deceased, from the Uses and Trusts of the said Will; and for settling other Lands and Tenements, of greater Value, 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 Wednesday the 24th Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Riddoch & al. against Honeyman & al.
Upon reading the Petition and Appeal of John Riddoch, Sheriff Clerk of the Shire or Stewartry of Orkney and Zetland, and of Colonel James Haliburton of Pitcurr; complaining of Ten Interlocutors of the Lords of Session in Scotland, of the 16th of February 1762; and praying, "That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom and Justice shall seem meet; and that Patrick Honeyman, John Mackay, Thomas Baikie, Samuel Mitchelson, and David Covingtrie, may be required to answer the said Appeal."
It is Ordered, That the said Patrick Honeyman, John Mackay, Thomas Baikie, Samuel Mitchelson, and David Covingtrie, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 6th Day of April next; and Service of this Order upon their Procurators or Agents, in the Court of Session in Scotland, shall be deemed good Service.
Morse & al. against Campbell.
Upon reading the Petition and Appeal of Mrs. Elizabeth Morse, only Child and Representative of the deceased Mr. David Miln, and John Sinclair Writer in Edinburgh, and others the Representatives of the deceased John Anderson, the Two Executors of the last Will and Testament of the deceased Mr. William Melrose Merchant in London; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 3d and 18th of February 1762; and praying, "That the House will, upon the Merits of the Cause, give the Appellants such Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that Goodlett Campbell may be required to answer the said Appeal:"
It is Ordered, That the said Goodlett Campbell may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 6th Day of April next; and Service of this Order upon his known Counsel or Agent before the Court of Session in Scotland shall be deemed good Service.
Charnaud's Nat. Bill.
A Message was brought from the House of Commons, by Mr. Olmius and others:
With a Bill, intituled, "An Act for naturalizing Jean Charnaud;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Haynes's Divorce Bill, rejected.
The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Saint John Haynes Clerk with Mary Clerke his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel for and against the same:
Counsel were accordingly called in.
And Mr. Serjeant Whitaker appearing as Counsel for the Bill; but no Counsel appearing on the Behalf of Mrs. Haynes against it:
Thomas Penson was called in, to prove Service of the Order for giving her Notice of this Proceeding; who, being sworn, acquainted the House, "That he delivered a true Copy of the Bill to Mrs. Haynes, and served her with the Order for the Second Reading of the Bill, at the House of Captain Whiteside, at Chester; and left a Copy of the said Order with her."
And then he was directed to withdraw.
And the said Bill was read a Second Time.
And the Counsel for the Bill was heard, in Support of the Bill; and, in order to make out the Truth of the Allegations thereof, called,
The said Thomas Penson, to prove the Marriage; who produced an Entry, from the Parish Register, of the Marriage of Saint John Haynes with Mary Clerke Spinster, in May 1739; and proved the same to be a true Copy, he having examined it with the Register.
And the same was read.
Then the said Thomas Penson was examined, in order to prove the unlawful Familiarity and adulterous Conversation between Doctor Berrington and Mrs. Haynes; and gave an Account, "That he is Servant to Mr. Haynes, and has lived several Years with him; that the first Time he saw Dr. Berrington at his Master's House (at Brockton in Shropshire), was, when he came Home with Mrs. Haynes in a Chaise, from a Place where she had met him upon a Visit, in the Beginning of the Year 1755; and that, soon after that, he came and visited at his Master's House; and that he has been sent to fetch him as a Physician when his Mintress has been ill; after which, his Visits were very frequent during the Course of that Year; that he would come all Hours, Morning, Noon, and Evenings; often slaid all Night, and sometimes several Nights together; and that, when his Master, has been from Home, he has very often seen them, in the Parlour, using very improper Familiarities, clipping, hugging, and kissing one another, with their Hands in each other's Bosoms, which he could easily see, as the Door of the Parlour was warped from the Frame, and would not shut close."
He withdrew; and,
Anne Dabbs, who is also a Servant to Mr. Haynes, and lived with him several Years, was called in; and, being sworn, was examined also to the same Point; and gave the like Account, as to improper Familiarities between Dr. Berrington and her Mistress, as the former Witness had done; and particularly, "That she once saw them in the Parlour standing, he with his Arms round her Waist, and she with her Hands upon his Shoulders; very close together; and, from the Motions they made, she has Reason to think, they were in the very Act; and; at another Time, she saw them in the same Place, in the same Posture, and making the like Motions, and believes, upon her Oath, that they were then in the very Act."
Being asked; "When she saw them in the Posture she describes, whether her Mistres's Petticoats were up, or the Doctor's Breeches down;" says, "She could not see that, her Mistress's Back being towards her."
And, being further examined, gave an Account, That, when the Doctor has lain at her Master's when her Master has gone out early in the Morning a hunting, as he often used to do, the Doctor has several Times gone into her Mistress's Room, and staid an Hour or so, before she got up; and she has several Times seen the Doctor lying upon her Mistres's Bed; and has seen her Mistress lying on the Doctor's Bed, when he was in Bed, but not in any indecent Posture."
She withdrew.
Then the Counsel for the Bill acquainted the House, That Mr. Haynes brought his Action at Law against the Doctor, which was tried at Shrewsbury, and obtained a Verdict against him for Eighty Pounds Damages, with Costs; but they cannot produce the Record of the Verdict, Search having been made for it, and it not being to be found."
Then the said Thomas Penson was again called in; and produced a Copy of the Definitive Sentence of Divorce, in the Consistory Court of the Bishop of Litchfield and Coventry, against Mrs. Haynes, for Adultery with the said Dr. Berrington; and, having proved it to be a true Copy, the same was read.
And then he withdrew.
Then the Counsel for the Bill having been heard, to sum up the Evidence, and observe thereupon:
He was directed to withdraw.
Proposed, "To commit the Bill."
Which being objected to;
The Question was put, "Whether this Bill shall be committed?"
It was Resolved in the Negative.
Then it being moved, "To reject the Bill;"
Ordered, That the said Bill be rejected.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DEI Mercurii, 10o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Waite's Bill.
The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for the Sale of the Estate of Thomas Waite, an Infant, for discharging Encumbrances affecting the same; and for applying the Surplus Money arising thereby for the Benefit of the said Infant," 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.
Wilson, to enter into a Recognizance on the Appeal of Morse & al.
The House being moved, "That John Wilson of The Middle Temple may be permitted to enter into a Recognizance for Elizabeth Morse and others, on account of their Appeal depending in this House; they residing in Scotland:"
It is Ordered, That the said John Wilson may enter into a Recognizance for the said Appellants, as desired.
Sir J. Gordon, to enter into a Recognizance on Mackenzie's Appeal.
The House being moved, "That Sir John Gordon Baronet may be permitted to enter into a Recognizance for John Mackenzie and Donald Morison, on account of their Appeal depending in this House; they living in Scotland:"
It is Ordered, That the said Sir John Gordon may enter into a Recognizance for the said Appellants, as desired.
Report from Committee on Scotch Peerages:
The Lord Willoughby of Parham reported from the Lords Committees for Privileges, to whom it was referred to consider of the Petition of William Alexander, claiming the Title of Earl of Stirling, with His Majesty's Reference thereof to this House, "That the Committee have met, to consider the Matter to them referred; but, the Agent for the said Claimant alleging that he was not prepared with Evidence to make out the said Claim, and desiring further Time, their Lordships have put off the further Proceeding upon the said Claim till the next Session of Parliament; and have come to the following Resolutions; videlicet,
Resolution concerning Alexander, stiling himself E. of Stirling.
"Resolved, That it is the Opinion of this Committee, That the said William Alexander ought, to all Intents and Purposes, to be considered as having no Right to the said Title by him assumed, until he shall have made out his said Claim, and procured the same to be allowed in the legal Course of Determination; and that, in the mean Time, until the same shall be so allowed, the said William Alexander, or any Person claiming under him, shall not be admitted to vote, by virtue of the said Title, at the Election of any Peer of Scotland, to sit and vote in this House pursuant to the Articles of Union.
"Resolved, That it is the Opinion of this Committee, That the said William Alexander be ordered, not to presume to take upon himself the said Title, Honour, and Dignity, until his Claim shall have been allowed in due Course of Law; and that Notice of these Resolutions and Orders be given to the Lord Clerk Register of Scotland."
Which Report was read, by the Clerk.
And the said Resolutions, being read a Second Time, were severally agreed to by the House; and ordered accordingly.
Stockton Bridge, Bill.
A Message was brought from the House of Commons, by Mr. Frederick Vane and others:
With a Bill, intituled, "An Act for building a Bridge cross the River Teese, at or near the Ferry in the Parish of Stockton, in the County of Durham; to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Mellish's Bill, Special Report made, and Standing Order dispensed with.
The Earl of Marchmont (according to Order) reported the Amendments made by the Committee to the Bill, intituled, "An Act for the Sale of Part of the Estates entailed by the Will of Edward Mellish Esquire, deceased; and for laying out the Money arising by such Sale in the Purchase of other Estates, to be settled to the like Uses;" together with the Reasons offered to the Committee for dispensing with the Standing Order in this Case.
Which Amendments, being read Twice by the Clerk, were agreed to by the House.
And thereupon the House proceeded to take into Consideration the Motion made on Monday last, for dispensing with the Standing Order upon this Bill.
And the said Reasons reported from the Committee were read by the Clerk, as follow:
"That Mr. Mellish hath now a fair Opportunity of selling to Advantage the Estates which he hath petitioned to dispose of, and hath a Purchaser ready for Part thereof of the Yearly Value of £200, who hath agreed to give £.8000 for the same, provided Mr. Mellish can be enabled to make him a good Title.
"That Mr. Mellish hath actually agreed for the Purchase of an Estate (which now coth, or formerly did, belong to Sir Robert Cliston) adjoining to his own Estate, and in every respect more convenient and advantageous, and of a much larger Value than the Estates which he proposes to sell, provided a good Title can be made thereto. And a Petition hath been lately brought into this House, on Behalf of the said Sir Robert Cliston and his Family, for Leave to bring in a Bill for that Purpose; but Mr. Mcllish's Counsel have advised him not to bind himself to such Purchase by any written Article or Contract, until a good Title can be made.
"That, if Mr. Mellish should not now be enabled to sell the Estate which he hath so agreed to dispose of, he will be deprived of the Benefit of the Agreement which he hath made for such Sale, and may not afterwards have an Opportunity of selling the same to such Advantage.
"That express Provision is made by the Bill, to deposit the Money arising by the Sale of the Estates in the Bank of England, until a proper Purchase can be met with; and, as Mr. Mellish expects to be soon able to make the Purchase, which the said Standing Order requires, he humbly hopes that the said Order will be dispensed with."
And Consideration being had thereof:
Ordered, That the Standing Order be dispensed with in this Case.
Ordered, That the said Bill, with the Amendments, be engrossed.
Lady Stormont's Nat. Bill.
Henrietta Frederique Viscountess Stormont, at the Table, took the Oaths appointed, in order to her Naturalization.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Henrietta Frederique Viscountess Stormont, Wife of the Right Honourable David Lord Viscount Stormont."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
D. of Bridgewater's Navigation Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable the most Noble Francis Duke of Bridgewater to make a Navigable Cut, or Canal, from Longford Bridge in the Township of Stretford in the County Palatine of Lancaster, to the River Mersey, at a Place called The Hemp Stones in the Township of Halton in the County of Chester."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet To-morrow, at the usual Time and Place; and to adjourn as they please.
Hinckley Roads, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the Road from Castle Street at the End of the Town of Hinckley, to Lutterworth Town's End, and from or near the Guide Post at Walcot Town's End in the County of Leicester, to the Eighty Mile Stone in Welford Field in the County of Northampton."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Aston upon Trent, Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Meadows, Pastures, and Waste Grounds, in the Township of Aston upon Trent, in the County of Derby."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Woods, Tide Mills at Bishopston, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for authorizing and enabling John Woods, William Woods, and John Challen, Merchants, to erect and build One or more Tide Mill or Tide Mills, for grinding Corn and Grain; upon a Creek or Channel in the Manor and Parish of Bishopston, in the County of Sussex."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Three preceding Bills.
And Messages were severally ordered to be sent to the House of Commons, by Mr. Holford and Mr. Bonner:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Obstructions in the Streets and Passages to the House.
Ordered, That it be referred to the Committee appointed to consider of the Roll of Standing Orders, to consider the Inconveniencies attending the Lords from Obstructions in the Streets, Passages, and Avenues, to the House; and to report their Opinion thereupon to the House.
Dicker's Executors, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Two Acres of Land in Walton upon Thames in Trustees, to be sold and conveyed to the Executors of Samuel Dicker Esquire, for the Benefit of Mary Delver, an Infant."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Thursday the 25th Day of this Instant March, at the usual Time and Place; and to adjourn as they please.
Respondents peremptorily to answer Stewart's Appeal.
The House was informed, "That David Dalrymple, Respondent to the Appeal of James Stewart and others, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose."
And thereupon an Affidavit of Alexander McKnockie Writer in Edinburgh, of the due Service of the said Order, being read:
Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily, in a Week.
Perkins, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of John Perkins Gentleman; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting a Tost or Scite of a Copyhold House, at Richmond in the County of Surry, lately pulled down, in Trustees, to be sold, leased, or otherwise disposed of, for the Benefit of the Persons claiming under the Will of Matthias Perkins Gentleman, deceased; and for empowering John Perkins his Son to make such Leases of his Estate at Richmond and Tuddington as therein mentioned."
Charnaud's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Jean Charnaud."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet To-morrow, at the usual Time and Place; and to adjourn as they please.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, undecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.