House of Lords Journal Volume 32: February 1770, 11-20

Die Lunse, 12^o Februarii 1770.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker b virtue of His Majesty's Commission.

Norwich, &c. to Trowse Road Bill.

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

With a Bill, intituled, An Act for amending the Road from Saint Stephen's Gate, in the City of Norwich to Block Hill in Trowse, at the Angle where the Road divides, to Bixley and Kirby, in the County of Norfolk; to which they desire the Concurrence of this House.

Schuster's Nat, Bill.

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

With a Bill, intituled, An Act for naturalizing Christian Gottlieb Schuster; to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

E. Radnor's et al. Petition referred to Judges.

Upon reading the Petition of William Earl of Radnor, on Behalf of himself and Jacob Pleydell Bouverie, commonly called Viscount Folkestone, William Henry Bouverie, Bartholomew Bouverie, and Edward Bouverie, his Sons, who are all Infants; praying Leave to bring in a Bill for the 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 Teates, 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.

L. Orwell's et al. referred to judges.

Upon reading the Petition of Francis Lord Orwell in the Kingdom of Ireland and others; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Mali, &c. Bill

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

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

Ordered, That the House be put into a Committee tipon the said Bill Tomorrow.

Kroll's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing Kroll.

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

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

Cailler's Nat. Bill.

Hodie 2^a vice lecta est Billa intituled, An Act for naturalizing John Daniel Cailler.

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.

Schneider's Nat. Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing John Cospar Schneider, was committed: " That they had Considered the said Bill, And examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Horned Cattle, indemnity Bill.

Moved, That the Bill, intituled, An Act for indemnifying all Persons with respect to advising or carrying into Execution. His Majesty's Orders of Council, made for preventing the spreading of a contagious Distemper amongst the Horned Cattle, and for rendering the same valid and effectual, and for preventing Suits in Consequence thereof; and to authorize the continuing, extending, and executing the same, for a further Time," be read the Third Time.

Which being objected to:

It was moved, That the said Bill be recommitted.

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

Motion relating to the Jurisdiction of H. C. in Matters et Election.

Moved, That the Resolution of Friday last be read.

The said Resolution was accordingly read by the Clerk.

Then it was moved, That the Capacity df being chosen under certain legal Qualifications and Restrictions to serve as a Representative in Parliament, is An original inherent Right of the Subject, triableiri a Court of Law, and a Matter where the Jurisdiction of the House of Commons is not final and conclusive.

Which being objected td,

And a Question stated thereupon;

After Debate,

The previous Question was put, Whether the said Question shall be now put?

It was resolved in the Negative.

Motion of Friday last considered.

The Order of the Day being read for taking into Consideration the Motion made on Friday last, and for the Lords to be summoned.

The said Motion was read by the Clerk as follows:

That for the future no Motion shall be granted for defining or explaining the Powers or Privileges of this House the same Day it is made, nor before the House shall be summoned to Consider of the said Motion.

And the same being objected to:

After Debate,

The Question was put thereupon,

It was resolved in the Negative.

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque Act ct in diem Martis, decimum tertium diem instantis Februarii, hora undecima Aurors, Dominis sic decernentibus.

Die Martis, 13^o Februarii 1770;

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker, by virtue of His Majesty's commission

Sinclair et al. against Threiplands et c con.

After hearing Counsel upon the original Petition and Appeal of Mrs. Katherine Sinclair, Second lawful Daughter of David Sinclair of Southdun, deceased, by his Second Wife, and James Sinclair of Durron Esquire, her Trustee, and Henrietta, Janet, Amelia, and Margaret Sinclair, only Children now in Life of the Marriage between James Sinclair of Harpsdale and Mrs. Marjory Sinclair deceased, eldest Daughter of the said David Sinclair's Second Marriage, and their said Father as Administrator in Law for them; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 11th of February and 10th of March 1767; and also, of an Interlocutor of the Lords of Session there, of the 26th of July 1768; and of Two Interlocutors of the same Lords of the 25th of November 1768; 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 meet:And likewise, upon the Cross Appeal of David Threipland Sinclair of Southdun, and Stuart Threipland of Fingajk his Father and Administrator in Law, complaining Qf an Interlocutor of the Lords of Session in Scotland, of the 4th of December 1767, and of Two Interlocutors of the Lord Ordinary there, of the nth of February and 10th of March 1767; 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 meet: As also upon the Answer of David Threipland and Stuart Threipland, put in to the said original Appeal; and the Answer of Catherine Sinclair, put in to the said Cross Appeal and due Consideration had of what was offered on either Side in these Causes:

Judgement

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

Wilson and Wall, Petition referred to Judges.

Upon reading the Petition of John Wilson the surviving Executor of the Will of Thomas Ehey late of the Parish of Greenwich, in the County of Kent, Bricklayer, deceased, and Henry Wall Joint Executor (with the said John Wilson) of the Will of John Ehey deceased, who was the other Executor of the Will of the said Thomas Elvey; praying Leave to bring in a Bill, for vesting certain Houses, in the Petition mentioned, in Trustees, to be sold to the Commissioners or Governors and Directors of the Royal Hospital for Seamen at Greenwich, for the Benefit of the Children of the said Thomas Ehey:

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 th" Petition; and also that the Judges, having perused the Bill, do sign the same.

Schneider's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing John Caspar Schneider

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. Harris Mr. Browning:

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

Norwich to Trowse Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for amending the Road from Saint Stephen's Gate in the City of Norwich, to Block Hill in Trowfe, at the (fn. 1) Angle where the Road divides to Bixley and Kirbyin the County of Norfolk.

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 o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Schuster's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing Christian Gottlieb Schuster.

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.

Mait, &c. Bill

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

After some Time the House was resumed:

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

Dalgleish and Mackintosh against Sibbald

The House being moved, That a Day may be appointed for hearing the Cause, wherein James Dalgleish and Robert Mackintosh Esquires are Appellants, and James Sibbald 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.

Liverpoole Playhouse Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act to enable His Majesty to license a Play-house in the Town of Liverpoole, m the County Palatine of Lancaster."

Ordered, That the said Bill be read a Second Time on Thursday next, and the Lords summoned.

Martin's Petition referred to Judges

Upon reading the Petition of John Martin of Overbury, in the County of Worcester Esquire, eldest Son and Heir of John Martin late of Overbury aforesaid Esquire deceased; Joseph Martin of Downing Street, in the Parish of Saint Margaret, Westminster, Esquire; and James Martin of Lombard Street, London, Goldsmith, the Two younger Sons of the said John Martin deceased; praying Leave to bring in a Bill for confirming a Jointure made on Judith Martin his Wife, pursuant to a Power in the Will of James Martin deceased, and for explaining the said Power; and for other Purposes:

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 Teates, 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.

Horned Cattle, Indemnity Bill.

The Order of the Day being read, for the Recommitting the Bill, intituled, An Act for indemnifying all Persons with respect to advising or carrying into Execution His Majesty's Orders of Council, made for preventing the Spreading of a contagious Distemper amongst the Horned Cattle; and for rendering the same valid and effectual, and for preventing Suits in Consequence thereof; and to authorize the continuing, extending, and executing, the same for a further Time:

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit praesens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum quartum diem instantis Februarii, hora undecima Aurors, Dominis sic decernentibus

Die Mercurii, 14^o Februarii 1770.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS,

The Lord Mansfield sat Speaker, by virtue of His Majesty's Commission.

Waddell against Inglis.

After hearing Counsel upon the Petition and Appeal of Robert Waddell, Conjund Principal Clerk of the Bills to the Court of Session in Edinburgh, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 18th of June and 8th of August 1766, the 27th of July and 9th of August 1768; and praying, That the same might be reverted, varied, or altered, or that the Appellant might have" such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem Just; as also, upon the Answer of Charles Inglis put in to .the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed with Costs

It Is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby affirmed: And it is further Ordered, That the AppeU lant do pay, or cause to be paid, to the said Respondent the Sum of One hundred Pounds, for his Costs in respect of the said Appeal.

Bp Bristol Leave for a Bill.

Upon reading the Petition of the Right Reverend Thomas Lord Bishop of Bristol; praying Leave to bring in a Bill for the Purposes therein mentioned, with such Powers and Authorities, and subject to such Regulations and Restrictions, as to the House shall seem meet:

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

Cailler's Nat. Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing John Daniel Cailler 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.

Kroll's Nat. Bill.

The Lord Viscount Wentworth also made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing Adam Kroll, was committed.

Malt, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act tor continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy.

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

It was resolved in the Affirmative.

Horned Catttle, Indemnity

Hodie 3^a vice lecta est Billa, intituled, An Act for indemnifying all Persons, with respect to advising or carrying into Execution His Majesty's Orders of Council, made for preventing the Spreading of a, contagious Distemper amongst the Horned Cattle, And for rendering the same valid and effectual, and ^M for preventing Suits in Consequence thereof; and to authorize the continuing, extending, and executing, the same, for a further Time.

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. Harris and Mr. Browning:

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

Message Mutiny Bill.

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

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

Land Tax Bill.

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

With a Bill, intituled, An Act for granting an Aid to His Majesty by a Land Tax, to be raised in " Great Britain, for the Service of the Year One thousand seven hundred and seventy; to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Marine Mutiny Bill.

Hodie 2^a vice Leila est Billa, intituled, An Act for the Regulation of His Majesty's Marine Forces while on Shore.

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

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

Land Tax Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for granting an Aid to His Majesty by a Land Tax to be raised in Great Britain for the Service of the Year One thousand seven hundred and seventy.

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

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

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quintum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Jovis, 15^o Februarii 1776.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.

Weir against Hogg

The Answer of Roger Hogg Junior to the Appeal of Charles Hope Weir Esquire was this Day brought in:

Weir against Robertson.

As was also, The Answer of John Robertson Esquire to the Appeal of Charles Hope Weir Esquire:

Mackintosh et al. Baxter et al.

And also, The Answer of John Baxter and others to the Appeal of Robert Mackintosh Esquire and others.

Mylne et al. against Magistrates of Edinburgh:

After hearing Counsel upon the Petition and Appeal of William Mylne Architect in Edinburgh, Alexander Broivn Architect there, and Robert Mylne of London, complaining of Five Interlocutors of the Lords of Session in Scotland, of the 5th, 9th, 16th, and 31ft of December 1769, and 18th of January last; 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 meet: As also, upon the Answer of the Lord Provost, Magistrates, and Town Council of the City of Edinburgh, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement

It is Declared, by the Lords Spiritual and Temporal, in Parliament assembled, That tsic Plea pleaded on the 14th of December last, in Bar of this Aftion, is irrelevant and inadmissable, although there had been no Conclusion for having the Contract Adjudged to be totally null and void: And it is Ordered, That the said Petition and-Appeal be, and is hereby dismissed this House, and that the said Interlocutors therein complained of be and the same are hereby affirmed.

City of Norwich to Trowse Road Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act for amending, the Road from Saint Stephen's Gate, in the City of Norwich, to Block Hill, in Trowfe, at the Angle where the Road divides to Bixley and Kir by in the County of Norfolk, 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. Norfolk et al Petition referred to judges.

Upon reading the Petition of the Most Noble Edward Duke of Norfolk, the Right Honourable Hugh Lord Clifford, and the Right Honourable Anthony Lord Viscount Montagu, Sir Walter Blount Baronet, and the Honourable Dame Mary his Wife, the Honourable Thomas Clifford the Elder, Esquire, and the Honourable Barbara his Wife, the Honourable Charles Dormer Esquire, Sir William Sagot and Sir Edward Winnington Baronets, and the Honourable Marmaduke Langdale; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Bathurst and Mr. Justice Blocstonr, who are forth with 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 Booth William, Petition referred to judges

Upon reading the Petition of Sir Booth Wilhems of in the County of Surrey Baronet; praying Leave to bring in a Bill for the Purposes in the Petition 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. (fn. 2) Baron Smythe, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether allParties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

E. Aylesford et Ux Petition referred to judges.

Upon reading the Petition of the Right Honourable Heneage Earl of Iylesford and the Right Honourable Charlotte Countess of Aylesford his Wife, One of the Daughters of the Most Noble Charles late Duke of Somerset deceased, for themselves and on the Behalf of the Right Honourable Heneage Finch, commonly called Lord Guernsey, their eldest Son and Heir apparent, Charles Finch, William Clement Finch, John Fmch, Edward Finch, Darnel Fmch, Seymour Fmch, Henry Allington Finch, Lady Charlotte Finch, Lady Frances Finch) Lady Maria Elizabeth Fmch, and Lady Henrietta Finch, their Infant Sons and Daughters; praying Leave to bring in a Bill for the Purposes in the said Petition 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. Bason Smythe, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House" the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do lign the same.

D Norfolk Leave for a Bill.

Upon reading the Petition of Edward Duke of Norfolk, praying Leave to bring in a Bill for the Purposes therein mentioned:

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

Palmes's Petition referred to Judges.

Upon reading the Petition of George Palmes of Naburn of the County of York Esquire, and John Palmes of Naburri aforesaid Esquire; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

Edgecumbe et Ux. Petition referred to Judges.

Upon reading the Petition of the Right Honour able George Lord Edgecumbe Baron, Edgecumbe in the County of Devon, and the Right Honourable (fn. 3) Emm Lady Edgecumbe his Wise, on Behalf of themselves and of the Honourable Richard Edgecumbe their Infant Son; playing Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

L. Milton et al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable Joseph Lord Milton, the Reverend Christopher Twynihoe, John Trentharcf Esquire, and Awnfham Churchill Esquire; praying Leave to bring in a Bill for the Purposes in the said Petition 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.

Salvin et Ux. Petition referred to Judges.

Upon reading the Petition of William Falvin Esquire and Catherine his Wife, the only surviving Daughter and Heir of Thomas Thornton Esquire deceased, by Mary his Wife, now the Wife of Thomas Swinburn Esquire, on Behalf of themselves and Gerard Salvm an Infant, their eldest Son and Heir apparent; Margaret Thornton Spinster, One of the Two Daughters and Co-heirs of James Thornton Esquire deceased; Margaret Thornton Spinster, the Aunt and Testamentary Guardian under the Will of the said James Thornton; of Mary Thornton Spinster, an Infant, the other of the Two Daughters and Co-heirs of the said James Thornton; and Thomas Selbye Esquire and George Silvertop Esquire, who were the Guardians appointed by the High Court of Chancery and Court of King's Bench, of the said Margaret and Mary Thornton, the Daughters of the said James Thornton, for defending, and by whom they accordingly defended, the Chancery and Ejectment Causes therein-after mentioned, she, the said Margaret Thornton, the Daughter of the said James Thornton, riot having, at the Time the said Causes were instituted, attained the Age of Twenty-one Years; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

Sutherland against Urquhart et al.

Upon reading the Petition and Appeal of Lieutenant William Sutherland of Little Torboll, complaining of an Interlocutor of the Lords of Session in Scotland, of the 7th Day of this Instant February; and praying, That the same may be reversed or altered, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Leonard Urquhart Writer to the Signet, as being now, in Right of Adam Gordon of Ardoch, Son and Heir of Alexander Gordon, Neil Mac Vicar Writer in Edinburgh, the Representatives of Katherine Lady Strathnaver, Sir John Gordon of Invergordon Baronet, and Captain George Sutherland the Appellant's Brother, may be required to Answer the said Appeal:

It is Ordered, That the said Leonard Urquhart and the said several Persons last named, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Thursday the 15th Day of March next and Service of this Order upon the said Respondents, or upon their known Procurators or Agents, in the said Couit of Session in Scotland, Ihall be deemed good Service.

Liverpoole Playhouse Bill.

The Order of the Day being read, for the Seconding of the Bill, intituled, An Act to enable His Majesty to license a Playhouse in the Town of Liverpoole in the County Palatine of Lancaster

The said Bill was accordingly read a Second Time.

It was moved, To commit the Bill.

Which being objected to:

After Debate,

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

It was resolved in the Negative.

Ordered, That the said Bill be rejected.

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy.

After some Time, the House was resumed:

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

Marine Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the (fn. 4) Bill, intituled, An Act for the Regulation of His Majesty's Marine Forces while on Shore.

After some Time, the House was resumed:

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

City of Norwich to Trowse Road Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for amending the Road from Saint Stephen's Gate in the City of Norwich, to Block Hill in Trowse, at the Angle where the Road divides to Bixley and Kirby in the County of Norfolk.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Land Tax Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy.

The Question was put, Whether this Bill shall pass ?

It was resolved in the Affirmative.

Marine Mutiny Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for the Regulation of His Majesty's Marine Forces while on Shore.

The Question was put, Whether this Bill shall pass ?

It was resolved in the Affirmative.

Kroll's Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing Adam Kroll.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Cailler's Nat. Bill

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing John Daniel Cailler.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to H. C. that the Lord's have agreed to the Five Preceding Bill.

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

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

Glen and Lumsden against Baillie et al. and Lumsden against Baillie et al.

Upon reading the Petition of Doctor Thomas Glen and John Lumsden, Appellants in Two Causes depending in this House, to which Thomas Baillie and others are Respondents; setting forth, That these Two Causes relate to an Objection to the Appellants Qualifications as Freeholders of the County of Linlithgow; and that the Appeal of David Dundas against Robert Ramsay and others, now standing the Ninth in their Lordships Lift of Causes, relates to the same Objection, and of Course the same Judgement. will be given in the Petitioners Appeal; And therefore praying, That the above Two Appeals may Hand appointed to be heard on the same Day and immediately after the Cause wherein the said David Dundas is Appellant, and Robert Ramsay and others are Respondents:

It is Ordered, That this House will hear the said Two Appeals, by Counsel at the Bar, on the same Day and immediately after the Cause wherein the said David Dundas is Appellant, and Robert Ramsay and others are Respondents.

Adjourn.

Dominus Mansfield Capitahs Justicianus Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum sextum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 16^o Februarii 1770.

REX.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker, by virtue of His Majesty's Commission.

The House was adjourned during Pleasure, to robe.

The House was resumed.

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 User of the Black Rod to let the Commons know, It is His Majesty's Pleasure they attend Him immediately in this House."

Who being come, with their Speaker;

He, after a short Introduction in relation to the Money Bills to be passed, delivered them to the Clerk, who brought them to the Table, where the Deputy Clerk of the Crown read the Titles of those and the other Bills to be passed, severally, as follow:

Bills passed.

1. An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy.

2. An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, And Perry, for the Service of the Year One thousand seven hundred and seventy.

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

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

3. An Act, for indemnifying all Persons, with respect: to advising or carrying into Execution His Majesty's Orders of Council made for preventing the spreading of a contagious Distemper amongst the Horned Cattle, and for rendering the same valid And effectual, and for preventing Suits in consequence thereof; and to authorize the continuing, extending, and executing, the same, for a further Time.

4. An Act for punishing Mutiny and Desertion, And for the better Payment of the Army and their Quarters.

5. An Act for the Regulation of His Majesty's Marine Forces while on Shore.

6. An Act for amending the Road from Saint Stephen's Gate in the City of Norwich, to Block Hill Jn Trowse, at the Angle where the Road divides to Bixley and Kir by in the County of Norfolk.

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

Le Roy le veult.

7. An Act to enable the Right Honourable George Sackville, commonly called Lord George Sackville and his Issue Male, to take and use the Surname of Germain, pursuant to the Will of the Right Honourable the Lady Elizabeth Germain deceased.

8. An Act for naturalizing John Caspar Schneider.

9. An Act for naturalizing Adam Kroll.

10. An Act for naturalizing John Daniel Cailler

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

Soit fait comme il est desire

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

O'Shaughnussy against Prendergast and Smith:

After hearing Counsel upon the Petition and Appeal of Joseph O'Shaughnuffy of the City of Dublin Esquire, complaining of Two Orders of the Court of Exchequer in Ireland, of the 13th and 15th Days of June 1768; and praying, That the same might be revers, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also, upon the Answer of John Prendergast and Charles Smith Esquires, put in to the said Appeal 5 and due Consideration had of what was offered on either Side in this Cause:

Orders referred.

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

Ross to enter into Recognizance on Sutherlands Appeal.

The House being moved, That William Ross Gentleman may be permitted to enter into a Recognizance for Lieutenant William Sutherland of Little Turboll, on Account of his Appeal depending in this House, he living in Scotland:

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

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Luna;, decimum nonum diem instantis Februarii, hora undecima Aurors, Dominis sic decernentibus.

Die Lun, 19^o Februarii 1770

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker, by virtue of His Majesty's Commission.

Hutcheson against the Representatives of Shearer.

The Answer of the Representatives of James Shearer to the Appeal of William Hutcheson, was this Day brought in:

Dundas against Waldrope.

As was also, The Answer of William Wardrope to the Appeal of James Dundas of Dundas Esquire:

Dundas against Durham.

Also, The Answer of Robert Durham to the Appeal of James Dundas of Dundas Esquire:

Mac Donalds against Butter

And also, The Answer of Henry Butter to the Appeal of Ronald and Alexander Mac Donalds.

Shergord against Holman's in Error.

The Lord Mansfield Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table a Writ of Error, wherein Charles Shergord is Plaintiff, and Thomas Holman and John Holman are Defendants.

Fahie against Watson

After hearing Counsel upon the Petition and Appeal of James Fairie late in Milton of Prevan, now Residenter in Glasgow, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 26th, of February and 10th of March 1763; and praying, That the same might be reversed, varied, or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of James Watson, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors assembled.

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

Bp of Bristol's Estate Bill.

The Lord Viscount Wentworth (pursuant to an Order of Leave of the 14th of this instant February) presented to the House, a Bill, intituled, An Act to enable the Bishop of Bristol to grant a Lease or Leases of a Close of Ground, commonly called The Bishop's Park, in the Parish of Saint Augustine, otherwise called Saint Augustine the Less, within the City of Bristol, or the Suburbs thereof.

The said Bill was read the First Time.

Hanforth against Chambers:

Upon reading the Petition of John Chambers, Dependant in a Writ of Error depending in this House, wherein John Hanforth is Plaintiff; setting forth, That the said Writ of Error is brought merely for Delay; and therefore praying, That the same may be Non-prosd, with such Costs as to the House shall seem meet:

Writ of Error nonpros'd with Colls.

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

Cardigan Roads Bill.

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

With a Bill, intituled, An Act for repairing and widening several Roads in the County of Cardigan; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum primum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.