House of Lords Journal Volume 31: April 1767, 1-10

Die Mercurii, 1^o Aprilis.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

D. of Buccleughs Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, An Act to enable Henry Duke of Buccleugh, a Minor, to make a Settlement on his intended Marriage with the Lady Elizabeth Montagu, 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.

Huggate Common, Bill.

The Lord Botetourt made the like Report from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing several Open Fields, Common Pastures, and Parcels of Land and Grounds, within the Manor and Township of Huggate, in the East Riding of the County of York, was committed.

Coopers Bill.

The Lord Botetourt also reported from the Lords Committees to whom the Bill, intituled, An Act for Sale of the Real Estate of Tomkinson Cooper and Ann his Wife; and for laying out the Money arising from such Sale in the Purchase of other Lands and Hereditaments for the Benefit of the said Tomkinson Cooper and Ann his Wife, 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, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Aileston Common Bill.

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

With a Bill, intituled, An Act for dividing and enclosing certain Open Common Fields and Unenclosed Meadows in the Parish of Ailestone, in the County of Leicester; to which they desire the Concurrence of this House.

Jeffereys & Ux. against Reynous & Ux.

After hearing Counsel, upon the Petition and Appeal of John Jeffreys Esquire and Elizabeth his Wife; complaining of Part of a Decree of the Court of Chancery, of the 26th Day of April 1766; and praying, That the same might be set aside, or that the Appellants might have such further or other Relief in the Premises as the Nature and Circumstances of the Case might require: As also upon the Answer of Isaac Reynous Esquire and Elizabeth his Wife put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of be, and the same is hereby, affirmed:

D. of Buccleughs Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to enable Henry Duke of Buccleugh, a Minor, to make a Settlement on his intended Marriage with the Lady Elizabeth Montagu.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

D. of Portlands Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to vacate an Agreement, made the Tenth Day of July One Thousand Seven Hundred and Fifty-eight, between the most Noble William late Duke of Portland deceased and Margaret Cavendish Dutchess of Portland then his Wife, but now his Widow, and the Right Honourable Thomas Lord Foley also deceased, concerning a Building Lease, to be granted to the said Lord Foley, of a Parcel of Land in the Parish of Marybone, in the County of Middlesex; and establish and render effectual another Agreement, dated the Thirtieth Day of January One Thousand Seven Hundred and Sixty-seven, concerning the Premises.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bills.

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

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

Mr. Becke, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Judith Becke Widow, and Thomas Kellett Becke Gentleman; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for exonerating Part of the Estate late of Thomas Becke Gentleman, deceased, charged with an Annuity, or clear Yearly Rent, of One Hundred Pounds, of and from the Payment of the said Rent; and for substituting and making liable to the Payment thereof other Part of the Estate of the said Thomas Becke, of equal Value.

Mr. Pitts Exchange of Lands, Bill.

After reading, and considering, the Report of the Judges to whom was referred the Bill, intituled, An Act for carrying into Execution certain Articles of Agreement, entered into by George Pitt Esquire and his Tenants of the Manor of Kingston, and John Pitt Esquire, and by the said George Pitt and John Pitt, for the Exchange of Lands in Purbeck, in the County of Dorset:

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

And the same being read accordingly:

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

Their Lordships, or any Five of them; to meet on Thursday the 16th Day of this lnstant April, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Ailestone Common, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open Common Fields and Unenclosed Meadows in the Parish of Ailestone, in the County of Leicester.

Shalstone Common, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Grounds, Waste Grounds, and Commonable Lands, within the Manor, Parish, and Liberties of Shalstone, in the County of Bucks.

Bridlington Road, Bill:

Hodie 2^a vice lecta est Billa, intituled, An Act to repair and widen the Road from White Cross to the Town of Bridlington, in the East Riding of the County of York.

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.

For raising Money by Exchequer Bills, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for railing a certain Sum of Money, by Loans or Exchequer Bills, for the Service of the Year One Thousand Seven Hundred and Sixty-seven.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Militia Pay and Cloathing, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for defraying the Charge of the Pay and Cloathing of the Militia, in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March, One Thousand Seven Hundred and Sixty-seven; for the more effectually punishing Serjeants, Drummers, and Fifers, for Misbehaviour and Desertion; for securing Deserters from the Militia Regiments; and for explaining and amending so much of an Act:, passed in the last Session of Parliament, as relates to enlisting Militia Men into His Majestys other Forces;

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 the former Messengers:

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

Keily against Fowler.

The House being moved, That a Day may be appointed, for hearing the Cause, wherein Robert Keily and others are Appellants, and William Fowler is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

The House was informed, That Thomas and Alexander Peter, Respondents to the Appeal of Alexander Speirs and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose.

And thereupon an Affidavit of Alexander Gray, Writer to the Signet, of the due Service of the said Order being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily, in a Week.

Haggate Common. Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing several Open Fields, Common Pastures, and Parcels of Land and Grounds, within the Manor and Township of Huggate, in the East Riding of the County of York

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.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, tertium diem instantis Aprilis, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 3^o Aprilis.

REX.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

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

Who being come, with their Speaker; he, after a short Introduction in relation to the Money Bill to be patted, delivered it to the Clerk; who brought it to the Table; where the Deputy Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follow; (videlicet,)

Bills passed.

1. An Act for raising a certain Sum of Money, by Loans or Exchequer Bills, for the Service of the Year One Thousand Seven Hundred and Sixty-seven.

To this Bill the Royal Assent was pronounced, by the Clerk Assistant, in these Words; (videlicet,)

Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult.

2. An Act for defraying the Charge of the Pay and Cloathing of the Militia, in that Part of Great Britain:called England, for One Year, beginning the Twenty-fifth Day of March One Thousand Seven Hundred and Sixty-seven; for the more effectually punishing Serjeants, Drummers, and Fifers, for Misbehaviour and Desertion; for securing Deserters from the Militia Regiments; and for explaining and amending so much of an Act, passed in the last: Session of Parliament, as relates to enlisting Militia Men into His Majestys other Forces.

3. An Act for continuing and enlarging the Term and Powers of so much of Two Acts, made in the Twelfth Year of the Reign of King George the First, and in the Twelfth Year of the Reign of King George the Second, for repairing the Road from Spittlegate Hill near Grantham in the County of Lincoln, to Little Drayton in the County of Nottingham, as relates to the Road leading from Boston Bridge in the County of Lincoln, to Little Drayton in the County of Nottingham.

4. An Act for repairing the Roads from Tunbridge Wells in the County of Kent, to Swifts Den in the Parish of Etchingham, and from Frant to Possingworth Great Wood adjoining to the Turnpike Road there leading to Blackboys in the County of Sussex.

5. An Act to explain, alter, and amend, an Act for repairing and widening several Roads leading from between the Second and Third Mile Stones on the Turnpike Road between the Town and County of Poole and Winborn Minster in the County of Dorset, to Bratton Corner in the County of Somerset; and for repairing and widening the Road from the Turnpike Road in Brainston, to or near a House called Fontleroys Farm House in the County of Dorset.

6. An Act for continuing and enlarging the Term and Powers of so much of an Act, made in the Thirty-second Year of the Reign of His late Majesty King George the Second, for repairing and widening the Roads from Grantham in the County of Lincoln, through Bottesford and Bingham, to Nottingham Trent Bridge, and from Chappel Bar near the West End of the Town of Nottingham to Saint Marys Bridge in the Town of Derby, and from the Guide Post in the Parish of Lenton to Sawley Ferry, as relates to the Road leading from Grantham to Nottingham Trent Bridge.

7. An Act for repairing and widening the Road from the Turnpike Road at Hatton near the Borough of Warwick through Kings Norton in the County of Worcester, and to the upper End of Gannow Green in the Parish of Bromsgrove, and to The Bell Inn in the Parish of Bell Broughton in the said County of Worcester.

8. An Act for enlarging the Term and Powers, granted by an Act of the Second Year of the Reign of His present Majesty, for erecting and building Two new Churches, and providing Burial Places, in the Town and Parish of Liverpool, in the County Palatine of Lancaster.

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

Le Roy le veult.

9. An Act for confirming a Contract of Lease of Mines, between Charles Duke of Queensberry and Dover of the one Part, and Patrick Crawfurd, James Crawford, and Gilbert Meason, of the other Part; and for enabling the said Duke and his Heirs of Entail, to grant Leases (fn. 1) in Terms of the said Contract.

10. An Act for dividing and enclosing a certain Common called The Tarn Moor, in the Township of Skipton, in the West Riding of the County of York; and for applying the Produce thereof towards the Relief of the Poor of the said Parish.

11. An Act for dividing, enclosing, and draining, a Parcel of Waste Ground, or Common, called Bishop Soil, in the several Parishes of Howden and Eastrington, and in the Parish or Parochial Chapelry of Blacktost in the East Riding of the County of York.

12. An Act for dividing and enclosing several Open Fields, Commons, Moor, or Waste Grounds, within the Manors of North Anston and Todwick, in the County of York.

13. An Act for dividing and enclosing the Common Waste Grounds and Sand Hills called Layton Howes, within the Manor of Layton, in the Parishes of Paulton and Bispham, in the County Palatine of Lancaster.

14. An Act for dividing and enclosing certain Open Fields, Meadows, and Stinted Pastures, in the Parish of Carlton in Lindrick, in the County of Nottingham.

15. An Act for dividing and enclosing the Open Fields and Commonable Places in Cosby and Littlethorpe, in the Parish of Cosby, in the County of Leicester.

16. An Act for dividing and enclosing several Open Fields, Common Pastures, and Parcels of Land and Grounds, within the Manor and Township of Huggate, in the East Riding of the County of York.

17. An Act to enable John Bowes Earl of Strathmore and Kinghorne and Mary Eleanor Bowes Countess

of Strathmore and Kinghorne his Wife, the Daughter and only Child of George Bowes Esquire, deceased, to take and use the Surname of Bowes only, pursuant to his Will, and the Settlement executed previous to the Marriage of the said Earl and Countess.

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

Soit fait comme il est desir.

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Sir John Dixon Dykes Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, An Act for vesting: Part of the settled Estates of Sir John Dixon Dyke Baronet, lying in the Counties of Oxford, Sussex, and Kent, n Trustees, in Trust, to be sold, for raising Money to discharge a Mortgage Debt affecting other Parts of the said settled Estates, 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.

Bridlington, Road, Bill:

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, An Act to repair: and widen the Road from Whitecross to the Town of Bridlington, in the East Riding of the County of York, 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.

Minchins Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, An Act to empower the High Court of Chancery to order so much as the Personal Estate of George Minchin deceased, as now stands in the Name of the Accomptant General of the said Court, to be transferred and paid to Paul Minchin and Henrietta Minchin, the only Children of the said George Minchin, without their giving any Security to resund the same, 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.

East Mailing Heath, Road Bill.

The Lord Botetourt also reported from the Lords Committees to whom the Bill, intituled, An Act for repairing and widening the Road from the Brick Kilns on East Mailing Heath to the Turnpike Road on Pembury Green, and from Brand Bridges to the Four Wents near Matfield Green in the County of Kent 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.

Newton Enclosure, Bill.

The Lord Botetourt also reported from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing several Open and Common Fields, Meadows, and Commonable Grounds, within the Manor and Parish of Newton, in the County of Lincoln, 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.

More American Papers Lord before the House.

The Lord Wycombe laid before the House (by His Majestys Command) more Copies of Letters, &c. from His Majestys Governors in America, with a List thereof; which was read by the Clerk, as follow:

R 10th Mar. 1767 Extract of a Letter from Governor Bernard, to the Earl of Shelburne, dated Boston, Decemr 24th 1766, (N^o 2.).

R. 25th Mar. 1767. Extract of a Letter from Major General Gage, to the Earl of Shelburne, dated New York, 20th Febry, 1767, (N^o4.); enclosing,

Copy of a Letter from Major General Gage, to Governor Pitkin, 8th Jany, 1767.

Ditto, from Governor Pitkin, to Major General Gage, 20th Jany, 1767.

Ditto, from General Gage, to Governor Pitkin, 25th Jany, 1767.

Ditto, from Governor Pitkin, to General Gage, 31st Jany, 1767.

R. 26th Mar, Extract of a Letter from Governor Bernard, to the Earl of Shelburne, dated February 14th, 1767, (N^o 5.); enclosing,

Copy of a Message from the House of Representatives, to Governor Bernard, (N^o 1.).

Copy of a Message from Governor Bernard, to the House of Representatives, (N^o 2.).

Copy of a Message from the House of Representatives, to Governor Bernard, (N^o 3.).

Copy of a Message from Governor Bernard, to the House of Representatives, Febry 17th 1767,(N^o 4.).

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

Farquharson against Adam: petitioner to revive Appeal.

Upon reading the Petition of Lewis Grant Writer in Edinburgh, a surviving Trustee for the Creditors of Messieurs Adam and Thomas Fairhalme; setting forth, That the Appeal depending in this House, wherein Francis Farquharson is Appellant, and John Adam is Respondent, is abated by the Death of the said Francis Farquharson; and therefore praying, That the said Appeal may stand revived in the Name of the Petitioner:

It is Ordered, That the said Appeal be revived; and that the Petitioner do stand in the Place of the said Francis Farquharson the late Appellant, and have the same Benefit of the Appeal as if he was now living.

Fraser et al. to withdraw Appeal, on Payment of Costs.

A Petition of William Fraser and others, Appellants in a Cause depending in this House, to which William Gordon of Newball Esquire is Respondent, which stands appointed to be heard, was presented, and read; setting forth, That the Petitioners are advised by their Counsel, to submit to the Judgement of the Court below; and therefore praying Leave to withdraw their said Appeal.

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

And being withdrawn:

Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petitions and Appeals be, and are hereby, dismissed this House; and that the Interlocutors therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said Respondents, the Sum of Twenty Pounds, for their Costs in each of the said Appeals.

Johnstone against Sir J. Gordon; Fraster against; Sir J. Gordon; Davidson against: Sir J. Gordons Appellants to withdraw their Appeal, on Payment of Costs.

A Petition of William Johnstone (now Pultney Esquire); and of Captain Alexander Fraser of Gulduthill, and also of Henry Davidson, Appellants in Three Appeals depending in this House, to which Sir John Gordon Baronet and others are Respondents, which stand appointed to be heard, was presented, and read; praying Leave to withdraw their said Three Appeals.

And thereupon the Agents in each of the said Appeals were called in, and heard at the Bar.

And being withdrawn:

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 Interlocutors therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said Respondent, the Sum of Twenty Pounds, for their Costs in each of the said Appeals.

Martin & al. against Ramsay et al Appellants to withdraw Appeal.

A Petition of Thomas Martin and others, Appellants; in a Cause depending in this House, to which Peter Ramsay and others are Respondents, was presented, and read; setting forth, That this Appeal was brought merely consequential of, and to be determined by, the Judgement in another Cause between the same Parties, which the House was pleased to affirm on the 27th of March last; and therefore praying Leave to withdraw their said Appeal.

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

And being withdrawn:

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 Interlocutors therein complained of be, and the same are hereby, affirmed.

Robb et al. against Hunter et al. Appellants to withdraw Appeal.

A Petition of Robert Robb and others, Appellants in a Cause depending in this House, to which Robert Hunter and others are Respondents, was presented, and read; setting forth, That this Appeal was brought as merely consequential of, and to be determined by, the Judgement in another Cause between the lame Parties, which the House was pleased to affirm on the 25th of March last; and therefore praying Leave to withdraw their said Appeal.

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

And being withdrawn:

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 Interlocutors therein complained of be, and the same are hereby, affirmed.

British Museum, Trustees to sell Duplicates of Books, Bill.

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

With a Bill, intituled, An Act to enable the Trustees of the British Museum to exchange, sell, or dispose of, any Duplicates of printed Books, Medals, Coins, or other Curiosities; and for laying out the Money arising by such Sale in the Purchase of other Things that may be wanting in, or proper for, the said Museum; to which they desire the Concurrence of this House.

River Ure Navigation, Bill.

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

With a Bill, intituled, An Act for making navigable the River Ure, from its Juncture with the River Swale, to the Borough of Rippon in the County of York: to which they desire the Concurrence of this House.

Donington Enclosure, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing several Open Fields, Meadows, Common Fens, and other Commonable Places, within the Parish of Donington, in the County of Lincoln, and for draining and improving the same; to which they desire the Concurrence of this House.

Langton and Wood Enclosure, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing certain Open Arable Fields, Moors, and Commons, in the Parishes of Langton and Woodall, in the County of Lincoln; to which they desire the Concurrence of this Houe.

His Majestys Brothers Annuities, Bill.

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

With a Bill, intituled, An Act to enable His Majesty to settle certain Annuities on their Royal Highnesses the Dukes of York, Gloucester, and Cumberland; to which they desire the Concurrence, of this House.

The last-mentioned Bill was read the First Time.

E. of Roseberry against the Creditor of the late Ld. Primrose, Petition that the Countess of Roseberry and her Trustees may be made. Fames in this Cause.

A Petition of George Lord Viscount Townshend, was presented, and read; setting forth, That there is a Cause now depending, and appointed for hearing before their Lordships, between the Right Honourable Neill Earl of Roseberry Appellant, and the Creditors of Hugh Lord Viscount Primrose deceased, Respondents, which, in its Consequences, may carry off the whole Estate of Primrose from the Appellant; the Petitioner, as Trustee for the Right Honourable Susan Countess of Roseberry Wife of the said Earl, thinks it his Duty to represent to their Lordships, that, as by their Marriage Articles, wherein he is a Trustee, the Jointure provided for the said Countess is charged on the Estate, of Primrose, for which Security has since been given to her by Enfeoffment on that Estate, the said Countess and her Trustees ought to be made Parties, and heard for their Interest before a final Judgement, which, if favourable for the Respondents, will absolutely vacate and render ineffectual the Security stipulated and given to the Countess for her Jointure; and therefore praying, That the said Countess of Roseberry and her Trustees may be made Parties, and heard for their Interest before the final Determination of the said Cause.

Then it was moved, That an Entry in the Journal, 2d April 1759, might be read.

The same was according read by the Clerk.

Chatteris Ferry to Wisbech, Road Bill.

A Message was brought from the House of Commons, by Sir John Hynde Cotton and others:

With a Bill, intituled, An Act to amend an Act made in the Fifth Year of His present Majesty, for amending the Road from Chatteris Ferry through Chatteris and March to Wisbeach Saint Peters, and from thence to Tide Gate in the Isle of Ely, and from Wisbeach aforesaid through Outwell, to Downham Bridge, in the County of Norfolk; and for repealing the several Acts for repairing the said Road between Wisbeach and March; and also for charging certain Lands in Waldersea and on Wisbeach South Side towards the Repairs of the Waldersea and South Side Banks, which before the passing of the said Act were liable to such Repairs; to which they desire the Concurrence of this House.

His Majestys Brothers, Annuities, Bill.

Ordered, That the Bill, intituled, An Act to enable His Majesty to settle certain Annuities on their Royal Highnesses the Dukes of York, Gloucester, and Cumberland, be read a Second Time on Tuesday next; and the Lords summoned.

E. of Roseberry against the Creditors of the late Visc. Primrose.

This Day being appointed, for hearing Counsel, upon the Petition and Appeal of Neill Earl of Roseberry; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 21st of July 1763, and 7th of August 1764; of Two Interlocutors of the Lords of Session there, of the 25th of June and 9th of July 1765; of Two other Interlocutors of the Lord Ordinary, of the 25th of January and 12th of February 1766; and also of an Interlocutor of the said Lords of Session, of the 18th of of July 1766; and praying, That the same might be reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises, as to this House in their Lordships great Wisdom should seem just: As also upon the Answer of William Forbes, William Mac Ewan, and Alexander Orr, put in to the said Appeal:

Counsel were accordingly called in.

And the First Counsel for the Appellant declaring at the Bar, That, upon Consideration of the Decree of this House, of the 16th of January 1761, wherein John Earl of Rothes and others are Appellants, and John Philip is Respondent, he thought it improper to trouble the House with any Argument upon the Point thereby decided:

The Counsel were directed to withdraw.

Judgement.

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 several Interlocutors therein complained of be, and the same are hereby, affirmed.

British Museum, Trustees to sell Duplicates of Books, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act to enable the Trustees of The British Museum to exchange, sell, or dispose of, any Duplicates of printed Books, Medals, Coins, or other Curiosities; and for laying out the Money arising by such Sale in the Purchase of other Things that may be wanting in, or proper for, the said Museum.

St. Botolph Aldgate, paving, Bill.

A Message was brought from the House of Commons, by Sir William Beauchamp Proctor and others:

With a Bill, intituled, An Act for paving the Streets and other Places in that Part of the Parish of Saint Botolph Aldgate which lies in the County of Middlesex, and Part of a Street called East Smithfield, in the Precinct of Saint Catherine, and for cleansing, lighting, and watching, the same, and preventing Obstructions and Annoyances therein; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Chatteris Ferry to Wisbech, &c. Roads, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act to amend an Act made in the Fifth Year of His present Majesty, for amending the Road from Chatteris Ferry through Chatteris and March to Wisbech Saint Peters, and from thence to Tide Gate in the Isle of Ely, and from Wisbech aforesaid through Outwell to Downham Bridge, in the County of Norfolk; and for repealing the several Acts for repairing the said Road between Wisbech and March; and also for charging certain Lands in Waldersea and on Wisbech South Side towards the Repairs of Waldersea and South Side Banks, which before the passing of the said Act were liable to such Repairs.

River Ure, navigation, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for making navigable the River Ure, from its Junction with the River Swale, to the Borough of Ripon in the County of York

Langton Common, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open Arable Fields, Moors, and Commons, in the Parishes of Langton and Woodall, in the County of Lincoln.

Donington Fen, Enclosure and draining, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing several Open Fields, Meadows, Common Fens, and other Commonable Places within the Parish of Donington, in the County of Lincoln; and for draining and improving the same.

Burrowstounnets, Duty on Beer, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for continuing the Duty of Two Pennies Scots, or a Sixth Part of a Penny Sterling, upon every Sects Pint of Ale and Beer, which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Burrowstounness and Liberties thereof, in the County of Linlithgow and for extending the same over the Parish of Burrowstounness; for repairing the Harbour of the said Town; 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 Wednesday next, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Beckes Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for exonerating Part of the Estate late of Thomas Becke Gentleman, deceased, charged with an Annuity or clear Yearly Rent of One Hundred Pounds, of and from the Payment of the said Rent; and for substituting, and making liable to the Payment thereof, other Part of the Estate of the said Thomas Becke, of equal Value.

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 First Day of Meeting after the Recess at Easter, at the usual Time and Place, and to adjourn as they please.

Sir J. Dixon Dykes Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for vesting Part of the settled Estates of Sir John Dixon Dyke Baronet, lying in the Counties of Oxford, Sussex, and Kent, in Trustees, in Trust to be fold, for raising Money to discharge a Mortgage Debt affecting other Parts of the said settled Estates.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Coopers Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for Sale of the Real Estate of Tomkinson Cooper and Ann his Wife; and for laying out the Money arising from such Sale in the Purchase of other Lands and Hereditaments, for the Benefit of the said Tomkinson Cooper and Ann his Wife.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bills.

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

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, sextum diem instantis Aprilis, hora undecima Auror, Dominis sic decernentibus.

Die Lun, 6^oAprilis.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Gilkie against Sir J. Steward Sheriff of Berwickshire, and Cockburn.

The Answer of Sir John Stewart Sheriff of the County of Berwick, and John Cockburn Writer, to the Appeal of James Gilkie, was this Day brought in.

Upon reading the Petition of James Gilkie, Appellant in a Cause depending in this House, to which the Sheriff of Berwickshire and John Cockburn are Respondents, which stands appointed to be heard; setting forth, That the Appellants Agent has but very lately received the bulky Extract of the Proceedings in Scotland in this Cause; and, upon a Perusal thereof, finds that the Hearing cannot be gone into without several Exhibits, and Parts or Steps of the Proceedings themselves, which have not yet been transmitted, and therefore praying, That the Hearing of this Case may be put off till after those already appointed:

It is Ordered, That the Hearing of the said Cause be put off till after the Causes already appointed, as desired.

Lambert & al. against Lambert & al. Hartwell against Townshend & al Capel & Ux. against MCarthy, Pleading proved.

The House being informed, That Walter Sweet man attended, in order to deliver in Copies of Pleadings and Proceedings, in Three Causes depending in this House; in the First of which, Walter Lambert and others are Appellants, and Catherine Lambert is Respondent; in the Second, Roderick Hartwell Esquire is Appellant, and Richard Townsend Clerk and others are Respondents; and in the Third, Joseph Capel and his Wife are Appellants, and Charles MCarthy Esquire and others are Respondents:

He was called in, and delivered the same at the Bar; and attested upon Oath, They were true Copies, he having examined them with the Originals in the pro per Offices in Ireland.

And then he withdrew.

Sit J. Gordon against Role & al. Cross Appeal.

The Answer of Hugh Rose and others, to the Cross Appeal of Sir John Gordon of Invergordon Baronet, was this Day brought in.

E and C. of Fife against Sir J Sinclair:

After hearing Counsel upon the Petition and Appeal of the Right Honourable Dorothea Countess Fife and James Earl Fife her Husband for his Interest; complaining of an Interlocutor of the Lords of Session in Scotland, of the 2d Day of August 1766; and praying, That the same might be reversed, varied, or altered; or that the Appellants might have such other Relief in the Premises as to this House in their Lordships great Wisdom should seem meet: As also upon the Answer of Sir John Sinclair of Stevenson Baronet put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Interlocutor therein complained of be, and the same is hereby, affirmed.

Rose & al. against Sir J. Gordon, et contra.

Upon reading the Petition of Sir John Gordon Baronet, Respondent in a Cause depending in this House, to which Hugh Rose and others are Appellants; praying, That this Cause (being relative to the Election Laws in Scotland) may be set down to be heard on a ByeDay:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the 30th Day of this Instant April.

Dr. Saunders & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Doctor Saunders and others; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for confirming a Partition between the Reverend Erasmus Saunders Doctor in Divinity and Mary his Wife, and Samuel Ryecroft the Younger Esquire and Ann his Wife, of several Estates in the County of Lincoln; and for vesting and settling the same to the Uses, and on the Trusts, contained in their respective Marriage Settlements, with respect to such Mates; and for other the Purposes therein mentioned.

Ailestone Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open Common Fields and Unenclosed Meadows in the Parish of Ailestone, in the County of Leicester.

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

Their Lordships, or any Five of them; to meet on Thursday next, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Shalstone Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Grounds, Waste Grounds, and Commonable Lands, within the Manor, Parish, and Liberties, of Shalstone, in the County of Bucks.

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.

British Museum, Trustees of, to fell Duplicates of Books, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable the Trustees of The British Museum to exchange, sell, or dispose of, any Duplicates of printed Books, Medals, Coins, or other Curiosities; and for laying out the Money arising by such Sale in the Purchase of other Things that may be wanting in, or proper for, the said Museum.

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

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

Message from H. C. to return Spencer & al. Bill.

A Message was brought from the House of Commons, by Sir Francis Vincent and others:

To return the Bill, intituled, An Act for vesting several undivided Estates late of John Bennett Esquire, deceased, and Ann Spencer Widow, in the Counties of Surry, Kent, and Middlesex, in Trustees, in order to effect a Partition between the said Ann Spencer and the Devisees named in the Will of the said John Bennett; and to acquaint this House, that they have agreed to the same, without any Amendment.

Wootton Common, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing certain Open Lands and Grounds m the Parish of Wootton, in the County of Lincoln; to which they desire the Concurrence of this House.

River Itching Navigation, Bill.

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

With a Bill, intituled, An Act to explain, amend, and render more effectual, an Act made in the Sixteenth and Seventeenth Years of King Charles the Second, intituled, An Act for making divers Rivers navigable, or otherwise passable, for Boats, Barges, and other Vessels, so far as the same relates to the River Itching running from Ahesford through Winchester to the Sea near Southampton; and for better regulating the said Navigation; to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Donington Fen, Enclosure add Drainage, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing several Open Fields, Meadows, Common Fens, and other Commonable Places, within the Parish of Donington, in the County of Lincoln; and for draining 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 Wednesday next, at the usual Time and Place; and to adjourn as they please.

La. gton Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open Arable Fields, Moors, and Commons, in the Parishes of Langton and Woodall, in the County of Lincoln.

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.

St Botolphs Aldgate, paving, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for paving the Streets, and other Places, in that Part, of the Parish of Saint Botolph Aldgate which lies in the County of Middlesex, and Part of a Street called East Smithfield, in the Precinct of Saint Catherine; and for cleansing, lighting, and watching, the same; and preventing Obstructions and Annoyances therein.

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

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

Minchins Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to empower the High Court of Chancer to order s much of the Personal Estate of George Minchin deceased, as now stands in the Name of the Accomptant General of the said Court, to be transferred and paid to Paul Minchin and Hewlett a Minchin, the only Children of the said George Minchin, without their giving any Security to refund the same.

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. Browning and Mr. Anguish:

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

Bridlington Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to repair and widen the Road from Whitecross to the Town of Bridlington, in the East Riding of the County of York

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

East Malling Heath Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for repairing and widening the Road from the Brick Kilns on East Mailing Heath to the Turnpike Road on Pembury Green, and from Brand Bridges to The Four Wents near Matfield Green, in the County of Kent.

The Question was put, Whether this Bill shall pass

It was Resolved in the Affirmative.

Newton Common, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing several Open and Common Fields, Meadows, and Commonable Grounds, within the Manor and Parish of Newton, in the County of Lincoln.

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 Three preceding Bills.

A Message was sent to the House of Commons, by the former Messengers:

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

Paper from America lard before the House.

The Lord Wycombe (by His Majestys Command) said before the House,

Copy of a Journal of the General Assembly of New York from the 10th of November to the 19th December 1766.

And the Title thereof being read, by the Clerk:

Ordered, That the same do lie on the Table.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamen tum continuandum esse usque ad et in diem Martis, septimum diem instantis Aprilis, hora undecima Auror, Dominis sic decernentibus.

Die Martis, 7^o Aprilis.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Withams Bill.

The Lord Sandys reported from the Lords Committers to whom the Bill, intituled, An Act for Sale of Part of the settled Estates of Matthew Henry Witham Esquire, in the County of York, for the discharging the Debts and Encumbrances thereon; and for other Purposes therein expressed, 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 several Amendments thereto.

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

ordered, That the said Bill, with the Amendments, be engrossed.

River Ure Navigation, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for making navigable the River Ure, from its Junction with the River Swale to the Borough of Ripon, in the County of York.

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

Their Lordships, or any Five of them; to meet on Thursday next, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Itching River Navigation, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to explain, amend, and render more effectual, an Act, made in the Sixteenth and Seventeenth Years of King Charles the Second, intituled, An Act for making divers Rivers navigable, or otherwise passable, for Boats, Barges, and other Vessels, so far as the same relates to the River Itching running from Alresford through Winchester to the Sea near Southampton; and for better regulating the said Navigation.

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.

Wootton Common Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open Lands and Grounds in the Parish of Wootton, in the County of Lincoln.

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.

Ouze and Swale Rivers Navigation, Bill.

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

With a Bill, intituled, An Act for making navigable the River Ouze, from below Widdington Ings at or near Linton to the Junction of the Rivers Swale and Ure; and for making navigable the said River Swale, from the said Junstion to Morton Bridge, and also the Brook running from Bedale into the River Swale, in the County of York; to which they desire the Concurrence of this House.

The said Bill was read the First Time,

British Museum, Trustees of, to sell Duplicates of Books, &c. Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, An Act to enable the Trustees of The British Museum to exchange, sell, or dispose of, any Duplicates of printed Books, Medals, Coins, or other Curiosities; and for laying out the Money arising by such Sale in the Purchase of other Things that may be wanting in, or proper for, the said Museum,

After some Time, the House was resumed.

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

Langton Common, Bill; Kings Consent to it.

The Lord Wycombe acquainted the House, That His Majesty, having been informed of the Contents of the Bill, intituled, An Act for dividing and enclosing certain Open Arable Fields, Moors, and Commons, in the Parishes of Langton and Woodall, in the County of Lincoln, was pleased to consent (as far as His Majestys Interest is concerned) that their Lordships may proceed therein as they shall think fit.

Lords to be summoned.

Ordered, That all the Lords be summoned to attend the House on Friday next.

His Majestys Brothers Annuities, Bill;

The Order of the Day being read, for the Second Reading of the Bill, intituled, An Act to enable His Majesty to settle certain Annuities on their Royal Highnesses the Dukes of York, Gloucester, and Cumberland; and for the Lords to be summoned:

The said Bill was accordingly read a Second Time.

And it being moved, To commit the Bill:

After Debate;

The Question was put, Whether this Bill shall be committed?

It was Resolved in the Affirmative,

Protest against committing it.

Dissentient.
Temple.

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

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, octavum diem instantis Aprilis, hora undecima Auror, Dominis sic decernentibus.

Die Mercurii, 8^o Aprilis.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

St. Botolph Aldgate, Paving, Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, An Act for paving the Streets and other Places, in that Part of the Parish of Saint Botolph Aldgate, which lies in the County of Middlesex, and Part of a Street called East Smithfield in the Precinct of Saint Catherine; and for cleansing, lighting, and watching, the same, and preventing Obstructions and Annoyances therein, 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.

Burrowstounness, Duty on Beer, Bill.

The Lord Cathcart made the like Report from the Lords Committees to whom the Bill, intituled, An Act for continuing the Duty of Two Pennies Scots, or a Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Burrowstounness and Liberties thereof, in the County of Linlithgow; and for extending the same over the Parish of Burrowstounness; tor repaying the Harbour of the said Town; and for other Purposes therein mentioned, was committed.

Donington Fen, Enclosure Draining, Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, An Act for dividing; and enclosing certain Open Fields, Meadows, Common Fens, and other Commonable Places, within the Parish of Donington, in the County of Lincoln; and for draining and improving the same, 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.

His Majestys Brothers Annuities. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to enable His Majesty to settle certain Annuities on their Royal Highnesses the Dukes of York, Gloucester, and Cumberland.

After some Time, the House was resumed.

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

Hamilton against Hamilton.

After hearing Counsel in Part, in the Cause wherein Mrs. Eupham Hamilton and others are Appellants, and Archibald Hamilton of Dalziel is Respondent:

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

Manby Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Mr. Manby and others; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting divers Messuages, Lands, and Hereditaments, in the County of Norfolk, devised by the Wills of John Woodcock and Mary Platfoot deceased, in Mathow Pepper Manby and his Heirs; and for settling other Lands and Hereditaments, in the same County, in Lieu thereof, to the Uses therein mentioned.

E of Rednor, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Earl of Radnor; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting several Lands and Tenements, settled and entailed upon William Earl of Radnor and his Issue, by the Wills of Jacob late Viscount Folkestone and Sir Edward des Bouverre Baronet deceased, in Trustees, to be sold; and for purchasing and settling other Lands and Hereditaments in Lieu thereof; and to empower the Tenants for Life to make such Leases as are therein mentioned.

Withams Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for Sale of Part of the settled Estates of Mathe Henny Witham Esquire, in the County of York. for the discharging the Debts and Encumbrances thereon; and for other Purposes therein expressed.

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. Browning and Mr. Anguish.

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

British Muleum, Trustees of, to sell Duplicates of Books, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to enable the Trustees of The British Mustum to exchange, sell, or dispose of, any Duplicates of printed Books, Medals, Coins, or other Curiosities; and for laying out the Money arising by such Sale in the Purchase of other Things that may be wanting in, or proper for, the said Museum.

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.

Cunningham against Dalrymple; Hearing put off till next Session.

Upon reading the Petition of Daniel Cunningham Esquire, Appellant in a Cause depending in this House, to which Hew Dalrymple Esquire is Respondent, which stands appointed for hearing; praying, In regard the Matters in Dispute are under Accommodation, that the Hearing of this Cause may be put off till next Session; the Respondents Agent having signed the said Petition, as consenting thereto:

It is Ordered, That the Hearing of the said Cause be put off till the next Session, as desired.

River Ouse and Swale Navigation, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for making navigable the River Ouze, from below Widdington Ings, at or near Linton, to the Junction of the Rivers Swale and Ure; and for making navigable the Said River Swale from the said Junction to Mot ton Bridge, and also the Brook running from Bedale into the River Swale, in the County of rork.

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

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, nonum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.

Die Jovis, 9^o Aprilis.

Domini tam Spirituales quam Temporales prsesentes fuerunt:

PRAYERS.

Bromley and Fainborough Roads, Bill.

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

With a Bill, intituled, An Act for repairing, widening, and keeping in Repair, the Roads leading from the High Road between Bromley and Farnborough in the County of Kent, to Beggars Bush in the Turnpike Road leading from Tunbridge Wells to Maresfield in the County of Sussex; to which they desire the Concurrence of this House

Message from H. C. to return the E. of Amgdons Bill.

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

To return the Bill, intituled, An Act for exchanging Part of the settled Estates of Willoughby Earl of Abingdon, in the County of Wilts, for another Estate, of greater Value, in the County of Berks, to be settled in Lieu thereof; and for other Purposes therein mentioned; and to acquaint this House, that they have agreed to the same; without any Amendment.

Ryecrofts, Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, Intituled, An Act to empower Richard Rycroft Clerk, and his Issue claiming under his Marriage Settlement, to grant Leaces of Houses and Grounds in Clarges Street, in the County of Middle. Middlesex, 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.

Buntings Bill.

The Lord Botetourt also made the like Report from e Lords Committees to whom the Bill, intituled, An Act for vesting divers Lands and Hereditaments, in the Parish of Hillborough in the County of Norfolk, the Estate of Deborah Buntings the Widow and Relict of Edward Bunting Clerk, deceased, and Edward Bunting her Infant Son by the said Edward Bunting Clerk, in Trustees, to convey the same to Ralph Cauldwell Esquire and his Heirs; and for securing the Money to be paid for the same, was committed.

Ordered, That the said Bill be engrossed.

Wootton Common, Bill.

The Lord Botetourt also made the like Report from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing certain Open Lands and Grounds in the Parish of Wootton, in the County of Lincoln, was committed.

Langten Common, Bill.

The Lord Botetourt also made the like Report from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing certain Open Arable Fields, Moors, and Commons, in the Parishes of Langton and Woodall, in the County of Lincoln, was committed.

Ailestone Common, Bill.

The Lord Botetourt also made the like Report from the Lords Committees to whom the Bill, intituled An Act for dividing and enclosing certain Open, Common Fields, and Unenclosed Meadows, in the Parish of Ailestone, in the County of Leicester was committed.

River Ure Navigation, Bill.

The Lord Botetourt also reported from the Lords Committees to whom the Bill, intituled, An Act for making navigable the River Ure, from its Junction with the River Swale to the Borough of Ripon, in the County of rork 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, with Out any Amendment.

Itching River Navigation,

The Lord Botetourt also made the like Report from the Lords Committees to whom the Bill, intituled, An Act to explain, amend, and render more effectual, an Act, made in the Sixteenth and Seventeenth Years of King Charles the Second, intituled, An Act for making divers Rivers navigable, or otherwise passable for Boats, Barges, and other Vessels, so far as the same relates to the River Itching running from Aires ford through Winchester to the Sea near Southampton; and for better regulating the said Navigation, was committed.

His Majesty Brothers Annuitie Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to enable His Majesty to settle certain Annuities on their Royal Highnesses the Dukes of rork, Gloucester, and Cumberland.

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 Lord Chief Justice of the Court of Common Pleas and the Lord Chief Baron of the Court of Exchequer:

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

Hamilton against Hamilton:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Mrs. Eupham Hamilton Widow of Charles Hamilton Esquire at Canon, and Bethia and Charlotte Hamilton the only surviving Children procreated of the Marriage betwixt the said Mrs. Eupham Hamilton and her deceased Husband the said Charles Hamilton; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 5th and 20th of December 1760; and also of an Interlocutor of the Lord Ordinary there, of the 14th oi January 1761; and praying, That the same might be reversed, varied, or altered; or that the Appellants might have such Relief in the Premises as to this House in their Lordships great Wisdom should seem just. As also upon the Answer of Archibald Hamilton of Dalziel put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement;

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors complained of in the said Appeal be, and the same are hereby, reversed: And it is hereby Declared and Adjudged, that Mrs. Eupham Hamilton the Executrix of Miss Hamilton the last Apparent Heir, is preferable to Mr. Archibald Hamilton, the Heir, to the Rents falling due during the Apparency and remaining un-uplifted: And it is hereby further Ordered, That the Cause be remitted to the Court of Session in Scot. land, to proceed therein accordingly,

Duty on Chip &c. Hats and Bonnets; Bill.

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

With a Bill, intituled, An Act for granting to His Majesty additional Duties upon Bast or Straw, Chip, Cane, and Horse Hair, Hats and Bonnets, and upon certain Materials for making the same, imported into this Kingdom; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return the D. of Buccleughs Bill.

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

To return the Bill, intituled, An Act to enable Henry Duke of Buccleugh, a Minor, to make a Settlement on his intended Marriage with the Lady Elizabeth Montagu; and to acquaint this House, that they have agreed to the same, without any Amendment.

Measurement of Coals, Bill,

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

With a Bill, intituled, An Act to prevent Frauds and Abuses in the Admeasurement of Coals sold by Wharf Measure within the City of London and the Liberties thereof, and between Tower Dock and Limehouse Hole in the County of Middlesex; to which they desire the Concurrence of this House.

Whitchurch Roads, Bill.

A Message was brought from the House of Commons, by Sir Lynch Cotton and others:

With a Bill, intituled, An Act to repair and widen the Roads from Whitchurch in the County of Salop, to the Turnpike Road between Nantwich in the County of Chester and Newcastle under Lyne, and from Hmsock to Nantwich aforesaid; to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Bromley and Farnborough Roads, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for repairing, widening, and keeping in Repair, the Road leading from the High Road between Bromley and Farnborough in the County of Kent, to Beggats Bush in the Turnpike Road leading from Tunbridge Wells to Mansfield in the County of Sussex,

Manbye Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting divers Messuages, Lands, and Hereditaments, in the County of Norfolk, devised by the Wills of John Woodcock and Mary Platfoot deceased, in Mat hew Pepper Manby and his Heirs; and for settling other Lands and Hereditaments, in the same County, in Lieu thereof, to the Uses 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 the First Day of Meeting after the Recess at Easter, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Donington Fen, Enclosure and Drainage, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing several Open Fields, Meadows, Common Fens, and other Commonable Places within the Parish of Donington, in the County of Lincoln; and for draining and improving the same.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

St. Botolphs Aldgate, Paving, Bill

Hodie 3^a vice lecta est Billa, intituled, An Act for paving the Streets and other Places in that Part of the Parish of Saint Botolph Aldgate which lies irt the County of Middlesex, and Part of a Street called East Smithfield in the Precinct of Saint Catherine and for cleansing, lighting, and watching, the same, and preventing Obstructions and Annoyances therein,

The Question was put, Whether this Bill shall pass ?

It was Resolved in the Affirmative.

Message to H. C. that the Lord have agreed to the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Browning and Mr. Anguish:

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum diem instantis Aprilis, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 10^o Aprilis.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Account of Plate Duty, to be said before the House.

Ordered, That the proper Officer do lay before this House, an Account of the Nett Produce of the Duty on Silver Plate, imposed by an Act of the 29th Year. of King George the Second, from the Commencement of the said Act, to the present Time; distinguishing each Year.

Commissioners of Excise to attend.

Ordered, That the Commisioners of His Majestys Excise do attend this House, on Monday next.

Rivers Ouze and Swale Navigation, Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, An Act for making navigable the River Ouze, from below Widdington Ings, at or near Linton, to the Junction of the Rivers Swale and use; and for making navigable the said River Sevale from the Said Junction to Morton Bridge; and also the Brook running from Bedale into the River Swale in the County of rork, 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.

Shalstone Common, Bill.

The Lord Botetourt also reported from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Grounds, Waste Grounds, and Commonable Lands, within the Manor, Parish, and Liberties, of Shalstone, in the County of Bucks, 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.

Bromley and Farnborough Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for repairing, widening, and keeping in Repair, the Road leading from the High Road between Bromley and Farnborough in the County of Kent, to Beggats Bush in the Turnpike Road leading from Tunbridge Wells to Maresfield in the County of Sussex.

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 oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Arthingworth Enclosure, Bill.

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

With a Bill, intituled, An, Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and Waste Grounds, in the Manor and Parish of Arthingworth, in the County of Northampton; to which they desire the Concurrence of this House.

Sn C Farnaby. To sell Letteais Estate, Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, An Act for vesting an undivided Third Part of. certain Manors, Messuages, Lands, Tenements, and Hereditaments, situate and being in the City of London, and in the Counties of Oxford and Bucks, heretofore the Estate of sannah Letten Widow, deceased; in certain Trustees and their Heirs, in Trust, to be sold; and for paying and applying the Moneys, arise by the Sale thereof, in the Manner therein mentioned, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made One Amendment thereto.

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

Ordered, That the Bill, with the. Amend ment, be engrossed.

E. of Radnors Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting several Lands and Tenements, settled and entailed upon William Earl of Radnor and his Issue by the Wills of Jacob late Viscount Folkestone and Sir Edward des Bouverie Baronet deceased, in Trustees, to be sold; and for purchasing and settling other Lands and Hereditaments in Lieu thereof; and to empower the Tenants for Life to make such Leases as are therein mentioned.

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 First Day of Meeting after the Recess at Easter, at the usual Time and Place; and to adjourn as they please.

Measurement of Coals, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to prevent Frauds and Abuses in the Admeasurement of Coals, sold by Whars Measure, within the City or London and the Liberties thereof, and between Tower Dock and Limehouse Hole in the County of Middlesex.

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.

Kensington to Hounslow,&c. Roads, Bill.

A Message was brought from the House of Commons, by Sir William Beauchamp Proclor and others:

With a Bill, intituled, An Act to continue and render more effectual several Acts of Parliament, for repairing the Highways from that Part of Countersbridge which lies in the Parish of Kensington in the County of Middlesex, leading through the Towns of Brentford and Hounslow, to The Powder Mills in the Road to Staines, and to Cranford Bridge in the said County, in the Road to Colnbrook; and for repairing turning, or altering, the Highway leading from the said Road, at or near the End of Sion Lane, to the Town of Isleworth in the said County and from thence to a Gate on the South Side of Tedington Field; and also the Highway leading out of the said Great Road near Smalberry Green Turnpike, to a House known by the Sign of The George in the Town of Isleworth aforesaid; and for lighting and watering Part of the said Highways; [ (fn. 2) to which they desire the Concurrence of this House.]

The said Bill was read the First Time.

Buntings Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for vesting divers Lands and Hereditaments in the Parish of Hilborough, in the County of Norfolk, the Estate of Deborah Bunting, the Widow and Relict of Edward Bunting Clerk, deceased, and Edward Bunting her Infant Son by the said Edward Bunting Clerk, in Trustees, to convey the same to Ralph Cauldwell Esquire and his Heirs; and for securing the Money to be paid for the same.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Rycrofts Bills.

Hodie 3^a vice lecta est Billa, intituled, An Act to empower Richard Rycroft Clerk, and his Issue claiming under his Marriage Settlement, to grant Leases of Houses and Grounds in Clarges Street, in the County of Middlesex.

The Question was put, Whether this Bill shall pass ?

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bill.

A Message was sent to the House of Commons, by Mr. Browning and Mr. Anguish:

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

Duty on Chip Hats, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for granting to His Majesty additional Duties upon Bast or Straw, Chip, Cane, and Horsehair, Hats and Bonnets, and upon certain Materials for making the same, imported into this Kingdom.

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

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

River Ure Navigation, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for making navigable the River Ure, from its Junction with the River Swale, to the Borough of Ripon, in the County of York

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Wooton Common, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open Lands and Grounds in the Parish of Wootton, in the County of Lincoln.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Langton Common, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for Langten dividing and enclosing certain Open Arable Fields Common, Moors, and Commons, in the Parishes of Langton and Woodall, in the County of Lincoln.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Ailestone Common, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open Common Fields and Unenclosed Meadows, in the Parish of Ailestone, in the County or Leicester.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Itching River Navigation, Bill

Hodie 3^a vice lecta est Billa, intituled, An Act to explain, amend, and render more effectual, an Act made in the Sixteenth and Seventeenth Years of King Charles the Second, intituled, An Act for making divers Rivers navigable, or otherwise passable, for Boats, Barges, and other Vessels so far as the same relates to the River Itching, running from Alrcsford through Winchester to the Sea near Southampton: and for better regulating the said Navigation.

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 Five preceding Bills.

A Message was sent to the House of Commons, by the former Messengers:

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

The Order of the Day being read, for the Lords to be summoned for this Day:

Motion to address His Majesty, relating to the Validity of Part of an Act passed by the Governor and Council of Massachusetts Bay for making Compensation to Sufferers there by the Rioters.

It was moved, That an humble Address be presented to His Majesty, that He will be graciously pleased to take under His Royal Consideration, in His Privy Council, the Validity of such Part of an Act granting Compensation to the Sufferers, passed by the Governor, Council, and Assembly, of Massachusetts Bay, and communicated to us by His Majestys Order, as purports to be a free and general Pardon, Indemnity, and Oblivion, to the Offenders in the late Times, tacked to the said Act from their own Motion, and by their own Authority; and if the same shall appear to be null and void, derogatory to His Royal Dignity, and what the said Governor, Council, and Assembly, had no Authority to enact, that His Majesty will take such Measures as may be necessary thereupon, it being highly important at this Juncture to restrain the Authority of the said Governor, Council, and Assembly, within the Bounds of their Charter, to assert the inherent and inseparable Right of His Majestys Crown alone to pardon Offenders, and to grant that Mercy which His Majesty may be graciously pleased to extend to His Subjects in America, under the Great Seal, or in Parliament.

Which being objected to:

After long Debate thereupon;

The previous Question was put, Whether that Question shall be now put ?

It was Resolved in the Negative.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun decimum tertium diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.