House of Lords Journal Volume 33: February 1771, 11-20

Die Lun, 11^o Februarii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Mackinnon against Macdonald and Mackenzie.

The Answer of Sir Alexander Macdonald of Macdonald Baronet, and John Mackenzie of Delvin Esquire, Clerk to the Signet, to the Appeal of Charles Mackinnon and his Curators, was this Day brought in.

Morden College Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for carrying into Execution an Agreement made between Peter Burrell Esquire, Surveyor General of His Majestys Lands, and the Trustees of Morden College, in the County of Kent, for enabling His Majesty, His Heirs and Successors, to grant Leases of Maidenstone Hill, in the Parish of East Greenwich in the County of Kent, to the said Trustees, upon the Terms mentioned in the said Agreement, and for empowering the said Trustees to increase the Salaries and Pensions of the Treasurer, Chaplain, and Poor Merchants, in the said College.

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.

E. Pomfret et Ux. against Smith et al.

The House being moved, That a Day may be appointed for hearing the Cause wherein George Earl of Pomfret and Anna Maria Countess of Pomfret his Wife are Appellants, and Thomas Smith and others are Respondents:

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

MKinnon against Sir Alexander MDonald et al.

The House being moved, That a Day may be appointed for hearing the Cause wherein Charles MKinnon and his Curators are Appellants, and Sir Alexander MDonald and others are Respondents:

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

Longlands to enter into Recognizance on Sinclair et al. Appeal:

The House being moved, That Thomas Longlands Gentleman may be permitted to enter into a Recognizance for John Sinclair Esquire and others, on account of their Appeal depending in this House, they residing in Scotland.

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

Spernal Ash Road Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for enlarging the Term and Powers of an Act made in the Seventh Year of the Reign of His present Majesty, for repairing and widening the Road from Spernal Ash in the County of Warwick, to a Street called Digbeth in the Town of Birmingham.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Aylesbury Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields within the Township and Liberties of Aylesbury in the County of Bucks.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Selkirk Road Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act s for enlarging the Term and Powers of an Act, made in the Eighth Year of the Reign of His present Majesty, intituled, An Act for repairing several Roads leading through the County of Selkirk.

The Question was put, Whether this Bill mall 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 Mr. Harris and Mr. Browning:

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

Lord Ducie to take the Name of Moreton, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to enable the Right Honourable Thomas Lord Ducie and his Issue to take the Surname of Moreton, and to bear and use the Arms of Honour of the Right Honourable Matthew Lord Ducie deceased, pursuant to the Will of the said Matthew Lord Ducie.

The Question was put, Whether this Bill shall pass?

it was resolved in the Affirmative.

Message to H. C. with it.

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

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

Birmingham Canal Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to oblige the Company of Proprietors of the Birmingham Canal Navigation, to complete the said Canal to a Field called Newhall Ring, adjoining to the Town of Birmingham in the County of Warwick, within a limited Time, and to maintain and keep the same free and open for the Passage of Boats, Barges, and other Vessels.

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.

Whitchurch Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Grounds, and Commonable Lands within the Parish of Whitchurch 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 the same Day, at the same Place; and to adjourn as they please.

Noverre takes the Oaths for his Naturalization.

Augustin Noverre took the Oaths appointed in order to his Naturalization.

Committees of Lunaticks to make Leases of their Estates, Bill.

The Lord Sandys presented to the House a Bill, intituled, An Act to enable Lunaticks entitled to renew Leases, their Guardians and Committees, to accept of Surrenders of old Leases and grant new ones.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

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

Motion for Address to recall Press Warrants.

Moved, That an humble Address be presented to His Majesty, that as His Majesty has accepted a Declaration from Spain, for the Injury done to the Honour of His Crown, He will be graciously pleased to give Orders, for recalling the Warrants for pressing Seamen and Seafaring Men, a Practice, which nothing but Necessity can excuse, as being highly inconvenient to the Trade of this Kingdom, and bearing hard on one of the moll useful Orders of His Majestys Subjects.

Which being objected to:

After Debate;

The Question was put thereupon:

It was resolved in the Negative.

Moved, To adjourn to Thursday next.

Accordingly,

Adjourn.

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

Die Jovis, 14^o Februarii 1771;

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Sinclair and Sutherland against Frazer et Ux.

The Answer of Jane the Wife of Alexander Frazer the Younger of Stricken Esquire, and the said Alexander Frazer for his Interest, to the Appeal of Archibald Sinclair and William Sutherland, was this Day brought in.

Mackenzie and Graviers to take the Name of Godfrey, Bill.

Ordered, That the Committee appointed to consider the Bill, intituled, An Act to enable William Mackenzie, David Gravier, and John Gravier, respectively, and the Heirs Male of their respective Bodies, to take and use the Surname and Arms of Godfrey, be revived, and meet on Tuesday next.

Andre et al. Appeal received though out of Time.

A Petition of John Lewis Andre and others, was presented and read, setting forth, That on the Eighteenth Day of December last, a Decree in the High Court of Chancery was made and pronounced by the then Lords Commissioners for the Custody of the Great Seal of Great Britain, wherein Alexander Crawfurd Esquire was Plaintiff, and the Petitioners and Elias Benjamin de la Fontaine and William Brymer were Defendants; by which Decree the Petitioners conceive themselves to be aggrieved: That soon after the pronouncing of the said Decree, the Plaintiff applied to the Petitioners Solicitor to know if the Petitioners intended to appeal against the said Decree, and was informed by the Petitioners said Solicitor they intended so to do: That the said Decree has been since signed and entered, and the Time for preferring a Petition of Appeal against the same by the Standing Orders of this House expired on Friday last: That by many unavoidable Delays the Petitioners have been prevented from preferring their Petition of Appeal till this Day, which is now prepared and signed by their Counsel: That the Plaintiff Alexander Crawfurd has not been deceived or delayed by the said Petition of Appeal not being presented sooner; and therefore praying their Lordships That they may have Leave to present their said Petition of Appeal to the House for reversing the said Decree:

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

And being withdrawn,

Ordered, That the said Appeal be received as desired:

Andre et al. against Crawfurd.

Accordingly, upon reading the Petition and Appeal of John Lewis Andre, David Andre, Andrew Girardot the Younger, and Mary Louisa Andre; complaining of a Decree of the Court of Chancery of the 18thDay of December 1770, made in a certain Came wherein Alexander Crawfurd Esquire was Plaintiff; and John Lewis Andre, David Andre, Andrew Girardot the Younger, Mary Louisa Andre Widow, Elias Benjamin de la Fontaine, and William Brymer, were Defendants; and praying, That the same may be reversed, or that the Appellants may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Alexander Crawfurd Esquire may be required to answer the said Appeal:

It is Ordered, That the said Alexander Crawfurd may have a Copy of the said Appeal, and do put in his Answer thereto in Writing, on or before Thursday the 28th Day of this instant February.

Marquis of Carnarvan et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Most Honourable James Brydges, commonly called Marquis of Carnarvan, 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 rendering effectual an Exchange of certain Lands, Parcel of the Glebe of the Rectory of Avington in the County of Southampton, for certain other Lands in the said Parish of Avington, belonging to the Most Honourable the Marquis of Carnarvan.

Noverres Naturalization Bill.

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

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

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

Morden College .Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for carrying into Execution an Agreement made between Peter Burrell Esquire, Surveyor General of His Majestys Lands, and the Trustees of Morden College in the County of Kent, for enabling His Majesty, His Heirs and Successors, to grant Leases of Maidenstone Hill, in the Parish of East Greenwich in the County of Kent, to the said Trustees, upon the Terms mentioned in the said Agreement; and for empowering the said Trustees to increase the Salaries and Pensions of the Treasurer, Chaplain, and Poor Merchants, in the said College.

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. Holford and Mr. Cuddon:

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

Respondent peremptorily to answer Gotts Appeal.

The House being informed, That Henry Thomas Gott, Respondent to the Appeal of Sarah Gott Spinster, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon an Affidavit of John Wilson of the Liberty of the Rolls London, Gentleman, of the due Service of the said Order being read:

Ordered, that the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

American Mutiny Bill.

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

With a Bill, intituled, An Act for further continuing Two Acts made in the Sixth and Ninth Years of His Majestys Reign, for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters in His Majestys Dominions in America; to which they desire the Concurrence of this House.

Rentiers Naturalization Bill.

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

With a Bill, intituled, An Act: for naturalizing Henry Renner; to which they desire the Concurrence of this House.

The said Two Bills were severally read the First Time.

Shergold against Holmans:

Upon reading the Petition of Thomas Holman and John Holman, Defendants in a Writ of Error depending in this House, wherein Charles Shergold is Plaintiff; setting forth, That the Plaintiff hath not assigned Errors within the Time limited by the Standing Order; and therefore praying, That the said Writ of Error may be Non-prosd, with such Costs as to their Lordships shall seem meet:

Writ of Error Non-prosd with Costs.

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 Kings Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the said Defendants, the Sum of Twenty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgement.

Liverpoole Playhouse Bill.

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

With a Bill, intituled, An Act to enable His Majesty to license a Playhouse in the Town of Liverpoole in the County Palatine of Lancaster; to which they desire the Concurrence of this House.

Worcester paving, &c. Bill.

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

With a Bill, intituled, An Act to explain a Clause in an Act of the last Session of Parliament, for better supplying the City of Worcester and the Liberties thereof with Water, and for better paving and lighting the said City; and for removing and preventing all Obstructions and Annoyances therein; to which they desire the Concurrence of this House;

The last mentioned Bill was read the First Time.

Spanish Papers relative to Falklands Island considered, and Motion for an Address of Thanks to His Majesty thereupon.

The Order of the Day being read, for taking into Consideration the Declared on signed and delivered by Prince de Masserano, Ambassador Extraordinary from His Catholic Majesty, the 22d Day of January 1771; and also, Copy of the Acceptance, by the Earl of Rochford in His Majestys Name, the 22d of January 1771, of the Spanish Ambassadors Declaration of the same Date; and also Copies and Extracts of Letters, &c. relating to the same:

It was moved, That an humble Address be presented to His Majesty, to return His Majesty our Thanks for His gracious Communication to this House, of the Declaration signed by the Ambassador of his Catholic Majesty, which His Majesty has been pleased to accept:

To offer to His Majesty our most sincere Acknowledgments for having supported the Honour of the Crown of Great Britain, by a firm and unvaried Adherence to His just Demand of Satisfaction for the Injury received by the violent Enterprize against Falklands Island, by which steady and uniform Conduct, His Majesty has obtained from the King of Spain, an explicit Disavowal of that Expedition, together with an Engagement to restore Things to the precise Situation in which they were before the late unjustifiable Attempt:

To express our Satisfaction oh the Prospect of the Blessing of Peace being secured to us, as we have no Reason to doubt the good Faith of his Catholic Majesty in the Performance of his Engagements; and to declare our grateful Sense of His Majestys paternal Care of His People, in not too hastily engaging them in the Hazards and Burthens of War:

To assure His Majesty of our Zeal and Readiness, on all Occasions, to exert our utmost Efforts to enable His Majesty to carry into Execution such Measures as shall be necessary for the Support of the Honour and Dignity of His Crown.

Amendment proposed:

Then an Amendment was proposed to be made to the said Motion, by leaving out, from the End of the First Paragraph, the following Words; (videlicet,)

(To offer to His Majesty our most sincere Acknowledgments for having supported the Honour of the Crown of Great Britain, by a firm and unvaried Adherence to His just Demand of Satisfaction for the Injury received by the violent Enterprize against Falklands Island; by which steady and Uniform Conduct, His Majesty has obtained from the King of Spain, an explicit Disavowal of that Expedition, together with an Engagement to restore Things to the precise Situation in which they were before the late unjustifiable Attempt:

To express our Satisfaction on the Prospect or the Blessing of Peace being secured to us, as we have no Reason to doubt the good Faith of his Catholic Majesty in the Performance of his Engagements; and to declare our grateful Sense of His Majestys paternal Care of His People, in not too hastily engaging them in the Hazards and Burthens of War:

To assure His Majesty of our Zeal and Readiness, on all Occasions, to exert our utmost Efforts, to enable His Majesty to carry into Execution such Measures as shall be necessary for the Support of the Honour and Dignity of His Crown.)

Which being objected to;

After long Debate;

The Question was put, Whether these Words shall stand Part of the Motion?

It was resolved in the Affirmative.

DISSENTIENT.

Protect against rejecting it.

1st, Because it is highly unsuitable to the Wisdom and Gravity of this House, and to the Respect which we owe to His Majesty and ourselves, to carry up to the Throne an Address, approving the Acceptance of an imperfect Instrument, which has neither been previously authorized by any special full Powers produced by the Spanish Minister, nor been as yet ratified by the King of Spain. If the Ratification on the Part of Spain should be refused, the Address of this House will appear no better than an Act of precipitate Adulation to Ministers, which will justly expose the Peerage of this Kingdom to the Indignation of their Country, and to the Derision of all Europe.

2dly, Because it is a direct Insult on the Feelings and Understanding of the People of Great Britain, to approve this Declaration and Acceptance, as a Means of securing our own and the general Tranquillity, whilst the greatest Preparations for War are making both by Sea and Land; and whilst the Practice of pressing is continued as in Times of the most urgent Necessity, to the extreme Inconvenience of Trade and Commerce, and with the greatest Hardships to One of the most meritorious and useful Orders of His Majestys Subjects.

3dly, Because the refusing to put Questions to the Judges upon points of Law very essentially affecting this great Question, and the refusing to address His Majesty to give Orders for laying before this House the Instructions relating to Falklands Islands given to the Commanders of His Majestys Ships employed there, is depriving us of such Lights as seem highly proper for us on this Occasion.

4thly, Because, from the Declaration and Correspondence laid before us, we are of Opinion, that the Ministers merit the Censure of this House, rather than any Degree of Commendation, on account of several improper Acts, and equally improper Omissions from the Beginning to the Close of this Transaction: For it is asserted by the Spanish Minister, and stands uncontradicted by ours, that several Discussions had passed between the Ministers of the Two Courts upon the Subject of Falklands Islands, which might give the British Ministers Reason to foresee the Attack upon that Settlement that was afterwards made by the Forces of Spain; Captain Hunt also arriving from thence so early as the Third of June last, did advertise the Ministers of repeated Warnings and Menaces made by Spanish Governors and Commanders of Ships of War; yet so obstinately negligent and supine were His Majestys Ministers, and so far from the Vigilance and Activity required by the Trust and Duty of their Offices, that they did not even so much as make a single Representation to the Court of Madrid, which if they had done, the Injury itself might have been prevented, or at least so speedily repaired as to render unnecessary the enormous Expences to which this Nation has been compelled, by waiting until the Blow had been actually struck, and the News of so signal an Insult to the Crown of Great Britain had arrived in Europe. To this wilful and therefore culpable Neglect of Representation to the Court of Spain, was added another Neglect; a Neglect of such timely Preparation for putting this Nation in such a Scate of Defence, as the menacing Appearances on the Part of Spain, and the critical Condition of Europe, required: Thefe Preparations, had they been undertaken early, would have been executed with more Effect and less Expence; would have been far less distressing to our Trade and to our Seamen; would have authorized us in the Beginning to have demanded, and would, in all Probability, have induced Spain, to consent to an immediate, perfect, and equitable Settlement, of all the Points in Discussion between the Two Crowns. But all Preparation having been neglected, the National Safety was left depending, rather upon accidental Alterations in the internal Circumstances of our Neighbours, than in the proper and natural Strength of the Kingdom; and this Negligence was highly aggravated by the Refusal of Administration, to consent to an Address, proposed by a noble Lord in this House last Session, for a moderate, and gradual Augmentation, of our Naval Forces.

5thly, Because the Negotiation entered into much too late, was, from the Commencement, conducted upon Principles, as disadvantageous to the Wisdom of Our public Councils, as it was finally concluded in a Manner disgraceful to the Honour of the Crown of Great Britain: For it appears, that the Court of Madrid did disavow the Act of Hostility as proceeding from particular Instructions; but justified it, under her general Instructions to her Governors, under the Oath by them taken, and under the established Laws of America. This General Order was never disavowed nor explained; nor was any Disavowal or Explanation thereof ever demanded by our Ministers: And we apprehend that this Justification of an Act of Violence, under general Orders, established Laws; and Oaths of Office, to be far more dangerous and injurious to this Kingdom, than the particular Enterprize which has been disavowed; as it evidently supposes, that the Governors of the Spanish American Provinces are not only authorized, but required, without any particular Instructions, to raise great Forces by Sea and Land, and to invade His Majestys Possessions in that Part of the World, in the Midst of profound Peace.

6thly, Because this Power, so unprecedented and alarming, under which the Spanish Governor was justified by his Court, rendered it the Duty of our Ministers to insist upon some Censure or Punishment upon that Governor, in order to demonstrate the Sincerity of the Court of Madrid, and of her Desire to preserve Peace, by putting at least some Check upon those exorbitant Powers asserted by the Court of Spain to be given to her Governors: But although our Ministers were authorized, not only by the acknowledged Principles of the Law of Nations, to call for such Censure or Punishment, but also by the express Provision of the 17th Article of the Treaty of Utrecht, yet they have thought fit to observe a profound Silence on this necessary Article of Public Reparation. If it were thought that any Circumstances appeared in the particular Case of the Governor, to make an Abatement or Pardon of the Punishment adviseable, that Abatement or Pardon ought to have been the Effect of His Majestys Clemency, and not an Impunity to him, arising from the Ignorance of our Ministers in the first Principle of public Law, or their Negligence or Pusillanimity in asserting them.

7thly, Because nothing has been had, or demanded as Reparation, in Damage for the enormous Expences and other Inconveniencies arising from the confessed and unprovoked Violence of the Spanish Forces in the Enterprize against Falklands Island, and the long subsequent Delay of Justice. It was not necessary to this Demand, that it should be made in any improper or offensive Language; but in that Style of Accommodation which has ever been used by able Negotiators.

8thly, Because an unparalleled and most audacious Insult has been offered to the Honour of the British Flag, by the Detention of a Ship of War of His Majesty for Twenty Days after the Surrender of Port Egmont; and by the Indignity of forcibly taking away her Rudder. This Act could not be supported upon any Idea of being necessary to the Reduction of the Fort; nor was any such Necessity pretended. No Reparation in Honour has been demanded for this wanton Insult, by which His Majestys Reign is rendered the unhappy IEra in which the Honour of the British Flag has suffered the First Stain with entire Impunity.

9thly, Because the Spanish Declaration, which our Ministers have advised His Majesty to accept, does in general Words imply His Majestys Disavowal of some Acts on His Part, tending to disturb the good Correspondence of the Two Courts; when it is notorious, that no Act of Violence whatsoever had been committed on the Part of Great Britain: By this Disavowal of some implied Aggression in the very Declaration pretended to be made for Reparation of the injured Dignity of Great Britain, His Majesty is made to admit a Supposition contrary to Truth, and injurious to the Justice and Honour of His Crown.

10thly, Because, in the said Declaration, the Restitution is confined to Port Egmont, when Spain herself originally offered to cede Falklands Islands. It is known, that the made her forcible Attack on Pretence of Title to the Whole; and the Restitution ought therefore not to have been confined to a Part only; nor can any Reason be assigned, why the Restitution ought to have been made in narrower or more ambiguous Words than the Claims of Spain, on which her Act of Violence was grounded, and her Offers of Restitution originally made.

11thly, Because the Declaration by which His Majesty is to obtain Possession of Port Egmont, contains a Reservation or Condition of the Question of a Claim of prior Right of Sovereignty in the Catholic King to the Whole of Falklands Islands, being the First Time such a Claim has ever authentically appeared in any Public Instrument jointly concluded on by the Two Courts. No Explanation of the Principles of this Claim has been required, although there is just Reason to believe, that these Principles will equally extend to restrain the Liberty, and confine the Extent of British Navigation; no Counterclaim has been made on the Part of His Majesty, to the Right of Sovereignty in any Part of the said Island ceded to him; any Assertion whatsoever of His Majestys Right of Sovereignty has been studiously avoided from the Beginning to the Accomplishment of this unhappy Transaction, which, after the Expence of Millions, settles no Contest, asserts no Right, exacts no Reparation, affords no Security, but stands as a Monument of Reproach to the Wisdom of the National Councils, of Dishonour to the essential Dignity of His Majestys Crown, and of Disgrace to the hitherto untainted Honour of the British Flag.

After having given these Reasons, founded on the Facts which appeared from the Papers, we think it necessary here, to diclaim an invidious and injurious Imputation substituted in the Place of fair Argument, That they who will not approve of this Convention, are for precipitating their Country into the Calamities of War. We are as far from the Design, and we Trust much further from the Act, of kindling the blames of War, than those who have advised His Majesty to accept of the Declaration of the Spanish Ambassador: We have never entertained the least Thought of invalidating this public Act; but if Ministers may not be Censured or even Punished for Treaties which, though valid, ate injurious to the National Interest and Honour, without a Supposition of the Breach of public Faith in this House, that shall Censure or Punish, or of a Breach of the Laws of Humanity in those who propose such Censure or Punishment; the Use of the Peers as a Control on Ministers, and as the best as Well as highest Council of the Crown, will be rendered of no avail. We have no Doubt but that a Declaration more adequate to our just Pretentions, and to the Dignity of the Crown, might have been obtained without Effusion of Blood, not only from the favourable Circumstances of the Conjuncture, but because our just Demands were no more than auy Sovereign Power, who had injured another through Inadvertence or Mistake, ought even from Regard to its own Honour to have granted; and We are satisfied, that the obtaining such Terms would have been the only sure Means of establishing a lasting and honourable Peace.

DISSENTIENT.

Because, though the Disavowal may be considered as humiliating to the Court of Spain, the declaration and Acceptance under the Reservation Of the Question of prior Right, do not in my Opinion, after the heavy Expences incurred, either Convey a Satisfaction adequate to the Insult on the Honour of Great Britain, or afford any reasonable Ground to believe, that Peace on Terms of Honour can be lasting.

Radnor.

Then the Question was put upon the said Motion as at first proposed:

It was resolved in the Affirmative.

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Adjourn.

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

Die Veneris, 15^o Februarii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Andre et al. against Crauford.

The Answer of Alexander Crauford Esquire, to the Appeal of John Lewis Andre and others, was this Day brought in:

Edmonston against Edmonston.

As was also, The Answer of Campbell Edmonston Esquire and others, to the Appeal of Archibald Edmonston of Dunbreath Esquire:

Hutcheson against MKinlay and Young.

And also, The Answer of Robert MKinldy and James Young, to the Appeal of William Hutchison Merchant.

Hutcheson against the Representatives of James Shearer et. al.

After hearing Counsel upon the Petition and Appeal of William Hutcheson, late Merchant in Leith, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 1st of December 1768, and 9th of February 1769; and praying, That the same might be varied, or altered, or that the Appellant might have such Relief in the Premises as to this House, their Lordships great Wisdom, should seem meet; as also upon the Answer of the Representatives of James Shearer, Doctor Robert MKinlay, and Jame Young, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

It is Ordered and adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition an4 Appeal be, and is hereby dismissed this House; and that the said Interlocutors therein complained of be and the same are hereby affirmed.

Birmingham Canal Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act to oblige the Company of Proprietors of the Birmingham Canal Navigation, to complete the said Canal, to a Field called Newhall Ring, adjoining to the Town of Birmingham in the County of Warwick, within a limited Time, and to maintain and keep the same free and open for the Passage of Boats, Barges, and other Vessels, 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.

Winterbottom to enter into Recognizance on Andre et al. Appeal.

The House being moved, That Abraham Winterbottom may be permitted to enter into a Recognizance for John Lewis Andre and others, on account of their Appeal depending in this House, they residing in the Country:

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

Andre et al. against Crauford.

The House being moved, That a Day may be appointed for hearing the Cause wherein John Lewis Andre and others are Appellants, and Alexander Crauford Esquire 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.

Gilbert against Cusack et al. Cross Appeal.

Upon reading the Petition and Cross Appeal of Robert Gilbert a Protestant of the Church of Ireland, as by Law established; complaining of Part of a Decree of the Court of Exchequer in Ireland, of the 23d of November 1768; 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, mail seem meet; and that James Cusack and Angelina his Wife, Bridget Cusack, Francis Darcy, and Elizabeth Judge Darcy, may be required to answer the said Appeal:

It is Ordered, That the said James Cusack and Angelina his Wife, Bridget Cusack, Francis Darcy, and Elizabeth Judge Darcy, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 29th Day of March next; and Service of this Order upon the Attorney, Agent, or Solicitor of the said Respondents, in the said Court of Exchequer in Ireland, shall be deemed good Service.

Marquis of Carnarvons Estate Bi11.

Hodie 2^a vice lecta est Billa, intituled, An Act for rendering effectual an Exchange of certain Lands, Parcel of the Glebe of the Rectory of Avington in the County of Southampton, for certain other Lands in the said Parish of Avington, belonging to the moll Honourable the Marquis of Carnarvon.

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 the 4th Day of March next, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

American Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for further continuing Two Acts made in the Sixth and Ninth Years of His Majestys Reign, for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters in His Majestys Dominions in America.

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.

Forth and Clyde Navigation Bill.

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

With a Bill, intituled, An Act to explain, amend, and render more effectual an Act made in the Eighth Year of His present Majestys Reign, intituled, An Act for making and maintaining a Navigable Cut or Canal from the Firth or River of Forth, at or near the Mouth of the River of Carron in the County of Stirling, to the Firth or River of Clyde, at or near a Place called Dalmuir Burnfoot in the County of Dumbarton; and also a collateral Cut from the same to the City of Glasgow; and for making a Navigable Cut or Canal of Communication from the Port and Harbour of Borrowstounness, to join the said Canal at or near the Place where it will fall into the Firth of Forth; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

E. Belvedere against Rochford, Pleadings proved.

The House being informed, That William Rochford Junior attended in order to deliver in Copies of Pleadings and,Proceedings in the Cause wherein Robert Earl of Belvedere in the Kingdom of Ireland is Appellant, and William Rochfort Esquire is Respondent:

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 proper Offices in Ireland.

And then he withdrew.

Whitchurch Enclosure Bill, Kings Consent signified tp it.

The Earl of Rochford acquainted the House, That His Majesty having been informed of the Contents of the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Grounds, and Commonable Lands, within the Parish of Whitchurch in the County of Bucks; was pleased to consent (as far as His Majestys Interest is concerned) that their Lordships may proceed therein as they shall think fit;

Whitchurch Enclosure Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Grounds, and Commonable Lands, within the Parish of Whitchurch 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.

His Majestys Answer to Address relative to Falklands Island reported.

The Lord Chamberlain reported, That the Lords with White Staves, had (according to Order) presented to His Majesty their Lordships Address of Yesterday; and that His Majesty was pleased to receive the same very graciously.

Sinclair and Sutherland against Menzies and Fraser.

The House being moved, That a Day may be appointed for hearing the Cause wherein Archibald Sinclair Esquire and William Sutherland are Appellants, and Jane Menzies and Alexander Fraser her Husband are Respondents:

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

Ross against Ross.

The House being moved, That a Day may be appointed for hearing the Cause wherein Elizabeth Ross, and Hugh Ross Esquire, Merchant in London, her Husband, are Appellants, and David Ross 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.

Edmonstone against Edmonstone et al.

The House being moved, That a Day may be appointed for hearing the Cause wherein Archibald Edmonstone Esquire is Appellant, and Campbell Edmonstone Esquire and others are Respondents:

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

Liverpoole Flayhouse Bill.

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

Sutherland Claim of Peerage, Sitting of Committee of Privileges put off.

Ordered, That the Sitting of the Committee of Privileges appointed to consider the Sutherland Claim of Peerage, which stands appointed for Monday next, be put off to Monday Sevennight.

Adjourn.

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

Die Lun, 18^o Februarii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Willock and others against Ouchterlony.

The Answer of John Ouchterlony Merchant in Montrose, to the Appeal of Robert Willock and others, was this Day brought in.

Nicolson against Nicolson.

After hearing. Counsel upon the Petition and Appeal of Margaret Porterfield alias Steuart Nicolson, Wife of Houston Steuari Nicolson Esquire, complaining of Two Interlocutors of the Commissaries in Scotland of the 4th of July and 15th of August 1770; and also of Part, of an Interlocutor of the Lords of Session there, of the 6th of December 1770; 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, Ihould seem meet: as also upon the Answer of Houston Steuart Nicolson Esquire, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

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

Isdall against Fitzgerald, Pleadings proved.

The House being informed, That Thomas Pleasants Esquire attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause Wherein Oliver Isdall is Appellant, and Olivet Fitzgerald 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 proper Offices in Ireland.

And than he withdrew.

Petition of Persons against the Birmingham Canal Bill.

Upon reading the Petition of the Committee of the Proprietors of the Birmingham Canal Navigation, on the Behalf of themselves and the Rest of the Proprietors of the said Undertaking; setting forth, That the Honourable the House of Commons having lately patted a Bill, intituled, An Act to oblige the Company of Proprietors of the Birmingham Canal Navigation to make and compleac the said Canal to a Field called Newhall Ring, adjoining to the Town of Birmingham in the County of Warwick, within a Time to be limited; and the same being sent up unto their Lordships for their Concurrence, the Petitioners beg Leave humbly to Represent unto their Lordships, that Charles Colmore Esquire, in the said Bill named, is a considerable Proprietor of Land in and near the said Town of Birmingham, and has been greatly benefited by a large Quantity of Buildings erected thereupon, and who, on the First Proposal of a Navigable Canal to Birmingham, became an Encourager thereof, and subscribed thereto; and in the Eighth Year of the Reign of His present Majesty, an Act of Parliament was passed for establishing this Undertaking, in which Act, the said Field called Newhall Ring, being Part of the Estate of the said Charles Cohnore, is named as One of the Terminations of the said Canal, at or near the said Town of Birmingham; but the said Charles Colmore, wanting to make a Wharf on Newhall Ring, as the Petitioners apprehend, and not thinking the present Act sufficiently compulsive on the Petitioners, he hath applied to Parliament for the above Bill, to oblige the Petitioners at their own Expence, and at all Events, to compleat the said Canal to Newhall Ring, and for ever to support the same in a Navigable State, and at the Risque of all consequential Damages: And the Petitioners humbly beg Leave to observe unto their Lordships, that, by the original Act for establishing this Undertaking, the Petitioners are empowered but not compelled to enter upon or use any Land lying in the Course of the Canal; and that after making a Compensation for the Land, and using the same, they are thereby left at Liberty to relinquish and discontinue any Part of the Canal, and to re-convey the Land if they found it inconvenient or useless for the Purposes of the Undertaking; but to the great Surprize and Concern of the Petitioners, they observe that the above Bill hath passed the House of Commons without their noticing therein these important Particulars, to which they humbly hope their Lordships will advert; and the Petitioners having long since made to the said Charles Colmore an Offer of continuing the said Canal from its present Termination to Newhall Ring, at his own sole Hazard and Expence, which he then declined, but hath since in his Petition to the Honourable the House of Commons prayed for as an Alternative, and the Petitioners being not only still ready to fulfil their said Proposal, and to give up to the said Charles Colmore the Tonnage arising upon the Continuation of the said Canal, from its present Termination to Newhall Ring, but also to pay him the largest Sum at which any of his own Engineers had ever estimated the Expence of such Continuation; therefore the Petitioners humbly hope, that it will appear to their Lordships but just and equitable, that if such Continuation of the said Canal be made, that the same shall be at the sole Hazard and Expence of the said Charles Colmore, who will receive the sole Benefit arising therefrom: And therefore praying their Lordships to take the Premises into Consideration, and to make such Amendments or Alterations in the said Bill, as to their Lordships shall appear most fit and reasonable; and the Petitioners further pray, that they may be heard by their Counsel in (fn. 1) hand concerning the Premises:

It is Ordered, That the Petitioners be at Liberty to be heard by their Counsel, as desired, on Monday next; and that Counsel be heard for the said Bill at the same Time.

Cause put off.

Ordered, That the Cause wherein the Right Honourable George Earl of Pomfret and Anna Marid Countess of Pomfret his Wife are Appellants, and Thomas Smith and others are Respondents, which stands appointed for hearing on Wednesday next, be put off to Friday the First Day of March next.

Forth and Clyde Navigation Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to explain, amend, and render more effectual an Act made in the Eighth Year of His present Majestys Reign, intituled, An Act for making and maintaining a Navigable Cut or Canal from the Firth or River of Forth, at or near the Mouth of the River of Carron in the County of Stirling, to the Firth or River of Clyde, at or near a Place called Dalmuir Burnfoot in the County of Dumbarton; and also a collateral Cut from the same to the City of Glasgow; and for making a Navigable Cut or Canal of Communication from the Port and Harbour of Borrowstounness, to join the said Canal at or near the Place where it will fall into the Firth of Forth:

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.

American Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for further continuing Two Acts made in the Sixth and Ninth Years of His Majestys Reign, for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters in His Majestys Dominions in American:

After some Time, the House was resumed:

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

Charteris Leave for a Bill:

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

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act to enable Francis Charteris Esquire, heretofore called Francis Wemyss, and the Heirs of his Body, and several other Persons therein named, and the Heirs of their respective Bodies, to retain, assume, and sign the Name of Charteris, and to bear the Arms of Charteris, and to hold and enjoy the Estate therein mentioned, notwithstanding the Descent to him or them respectively of the Honour and Title of Wemyss or any other Honour or Title whatsoever.

E. Chatham against Tothill and Western.

Trie House being moved, That a Day may be appointed for hearing the Cause wherein the Right Honourable William Earl of Chatham is Appellant, and William Daw Tothill and Maximilian Western are Respondents:

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

Scott against Lord Falconar et al. et e con.

The House being moved, That a Day may be appointed for hearing the Cause wherein John Scott of Brotherton Esquire is Appellant, and William Lord Falconar of Halkerton and others are Respondents, et e con.:

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.

Willock et al. against Ouchterlony.

The House being moved, That a Day may be appointed for hearing the Cause wherein Robert Willock and others are Appellants, and John Ouchterlony 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.

Whitchurch Enclosure Bill:

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

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. Anguish and Mr. Cuddon:

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

Peers Pedigrees proved.

The Earl of Abercorn reported from the Lords Committees for Privileges, That the Commitee had met, and considered of the Pedigrees of Henry Duke of Newcastle, George Earl of Jersey, William Earl Fitzwilliam, William Lord Viscount Courtenay, Henry Lord Paget, Thomas Lord Grantham, William Lord Boston, Thomas Lord Pelham, and Henry Lord Apsley Lord High Chancellor of Great Britain, and examined Mr. Bigland and Mr. Heard, Heralds, upon Oath, in relation thereto at the Bar, who fully verified the same, together with the Proofs thereof; and that the said Peers have respectively signed and certified the same to be true, to the best of their Knowledge, Information, and Belief, upon their Honour, pursuant to the Orders of this House.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum diem instantis Februarii, hora undecima Aurors, Dominis sic decernentibus.

Die Mercurii, 20^o Februarii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Gott against Gott.

The Answer of Henry Thomas Gott Esquire, to the Appeal of Sarah Gott Spinster, was this Day brought in.

Macartneys Exemplification Bill.

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

With a Bill, intituled, An Act for making the Exemplification of the last Will and Testament of Francis Macartney Esquire deceased, Evidence in all Courts of Law and Equity in Great Britain and Ireland; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return Knights Divorce Bill.

A Message was Drought from the House of Commons, by Mr. Vernon and others:

To return the Bill, intituled, An Act to dissolve the Marriage of Henry Knight Esquire with Catharine Lynch his now Wife, and to enable him to marry again; and for other Purposes therein mentioned; and to acquaint this House, that they have agreed to the same without any Amendment.

Roverays et al. Naturalization Bill.

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

With a Bill, intituled, An Act for naturalizing John Peter Du Roveray, John Daniel Neville, John Peter Eynard, and David Chollet; to which they desire the Concurrence of this House.

Oxford Poor Bill.

A Menage was brought from the House of Commons, by Mr. Barrow and others:

With a Bill, intituled, An Act for better regulating the Poor within the City of Oxford; to which they desire the Concurrence of this House.

Hill Croome Enclosure Bill

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

With a Bill, intituled, An Act for dividing and enclosing the Common Fields, Meadows, Commons, or Waste Lands, within the Manor and Parish of Hill Croome in the County of Worcester; to which they desire the Concurrence of this House.

Fairfield Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing several Open Fields, Common Pasture, Commons, and Waste Grounds, within the Township, Hamlet, or Liberty of Fairfield in the Parish of Hope and County of Derby,; to which they desire the Concurrence of this House.

The said Four Bills were severally read the First Time.

Lady Midletons Estate Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for explaining and amending an Act, intituled, An Act for vesting Part of the Fee Simple Estate of George late Lord Viscount Midleton of the Kingdom of Ireland, in Trustees, to be sold for paying the Debts, Legacies, and Incumbrances mentioned in, and appointed to be paid by his Will; and for executing and effectuating several Contracts entered into by him for selling and leasing divers Farms and Lands in Ireland; and for making the Exemplification of his Will Evidence in Law and Equity, 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.

Sir Francis Blake Delavals Estate Bill.

The Lord Boston also made the like Report from the Lords Committees, to whom the Bill, intituled, An Act to empower Sir Francis Blake Delaval Knight of the Bath, or the Person or Persons claiming under a Settlement of his Family Estates, dated the Nineteenth Day of January One thousand seven hundred and forty-eight, to grant to Thomas Delaval Esquire, his Heirs and Assigns, a certain Parcel of Land and Buildings, Liberties and Privileges; and also, to grant Two several Leases for Ninety-nine Years each, to or in Trust for the said Thomas Delaval, and Sir John Hussey Delaval Baronet, of certain Lands, Copperas Works, Buildings, Liberties, and Privileges, in the Manors of Hartley and Seaton Delaval in the County of Northumberland, Part of the settled Estates of the said Sir Francis Blake Delaval, and for other Purposes therein mentioned, was committed:

Ordered, That the said Bill be engrossed.

Essingtons Bill.

The Earl of Rosebery made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for effectuating a Conveyance of the Real Estates, late of John Essington Esquire deceased, to the Purchasers thereof, under a Decree or Order of the High Court of Chancery, was committed:

Ordered, That the said Bill be engrossed.

Bishop of Herefords Estate Bill.

The Earl of Rosebery made the like Report from the Lords Committees, to whom the Bill, intituled, An Act to enable the Bishop of Hereford to exchange certain Lands and Premises in the County of Hereford, was committed:

Ordered, That the said Bill be engrossed.

Bishop of Durhams Estate Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act to render valid and effectual certain Articles of Agreement between William Lambton Esquire, and the Honourable and Right Reverend Richard Lord Bishop of Durham, and the other Persons therein named, 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.

Noverres Naturalization Bill.

The Lord Viscount Falmouth reported from the Lords Committees, to whom the Bill, intituled An Act for naturalizing Augustin Noverre, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment:

Ordered, That the said Bill be engrossed.

Mackenzie and Graviers to take the Name of Godfrey, Bill.

The Lord Viscount Falmouth also made the like Report from the Lords Committees, to whom the Bill, intituled, An Act to enable William Mackenzie, David Gravier, and John Gravier, respectively, and the Heirs Male of their respective Bodies, to take and use the Surname and Arms of Godfrey was committed.

Ordered, That the said Bill be engrossed.

American Mutiny Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for further continuing Two Acts made in the Sixth and Ninth Years of His Majestys Reign for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters in His Majestys Dominions in America.

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. Anguish and Mr. Cuddon:

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

Petition of the Corporation of Liverpoole in Support of the Liverpoole Playhouse Bill.

Upon reading the Petition of the Mayor, Aldermen, Bailiffs, Common Council, and Burgesses, of the Borough and Corporation of Liverpoole in the County Palatine of Lancaster; setting forth, That the Petitioners are apprized of an Application making to Parliament by Mr. William Gibson, for an Act to enable His Majesty to grant Letters Patent to license a Theatre in this Town: That the Petitioners (with humble Submission to their Lordships Consideration) presume that Theatrical Representations under proper Regulations are reasonable and instructive Amusements: That the Petitioners apprehend a licensed Theatre in Liverpoole, which is a great mercantile Town, and much reported to by People of Fortune and Distinction, would be very advantageous to the said Town, and not liable to any Improprieties or Inconveniences; and therefore praying their Lordships, That the said Bill may pass into a Law:

It is Ordered, That the said Petition do lie on the Table.

Liverpoole Playhouse Bill.

Ordered, That the Bill, intituled, An Act to enable His Majesty to license a Playhouse in the Town of Liverpoole in the County Palatine of Lancaster, be read a Second Time on Tuesday next; and the Lords summoned.

Kirkby Mallory Enclosure Bill.

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

With, a Bill, intituled, An Act for dividing and enclosing the Open Fields, and Common Pastures, in the Parish of Kirkby Mallory in the County of Leicester; to which they desire the Concurrence of this House;

Keyham Enclosure Bill.

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

With a Bill, intituled, An Act for dividing, allotting, and enclosing the Open Fields and Commonable Places in Keyham in the Parish of Rothley and County of Leicester; to which they desire the Concurrence of this House;

Whitechapel Paving Bill.

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

With a Bill, intituled, An Act for the better paving that Part of the High Street in the Parish of Saint Mary Matfellon, otherwise Whitechapel, which lies in the County of Middlesex, and for removing Obstructions and Annoyances therein; to which they desire the Concurrence of this House.

Goodmans Fields Paving Bill.

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

With a Bill, intituled, An Act for better paving the Streets, Squares, Lanes, Courts, Alleys, Ways, and other public Passages, in that Part of Goodmans Fields which lies in the Parish of Saint Mary Matfellon, otherwise Whitechapel, in the County of Middlesex; and also Red Lion Street and White Lion Street, lying contiguous to the said Fields; and for removing and preventing Nuisances, Annoyances, and Obstructions, therein; to which they desire the Concurrence of this House.

The said Four Bills were severally read the First Time.

Gertchens Petition to be added to Roveray and others, Naturalization Bill.

Upon reading the Petition of John Zacharias Gertchen; praying that his Name may be inserted in the Bill depending in this House for naturalizing John Peter Du Roveray and others:

It is Ordered, That the said Petition do lie on the Table till the said Bill be read the Second Time.

Worcester Paving, &c. Bill;

Hodie 2^a vice lecta est Billa, intituled, An Act to explain a Clause in an Act of the last Session of Parliament, for better supplying the City of Worcester and the Liberties thereof with Water and for better paving and lighting the said City; and for removing and preventing all Obstructions, and Annoyances therein:

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.

E. Stanhope et al. Leave for a Bill.

After reading and considering the Report of the Judges, to whom Was referred the Petition of Philip Earl Stanhope 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 rendering Valid and effectual certain Articles of Agreement, bearing Date the Twenty-first Day of July One thousand seven hundred and seventy, made between Frances Countess Dowager of Londonderry, Philip Earl Stanhope, and others; and for vesting several Manors, Lands, and Hereditaments, in the Counties of Devon and Wilts, in Trustees, for the Purposes in the Act mentioned.

Collins against Sawrey et al.

The House being moved, That a Day may be appointed for hearing the Cause wherein Simon Collins Clerk is Appellant, and Willam Sawrey and others are Respondents:

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

Rolfe against Peterson and another.

The House being moved, That a Day may be apt pointed for hearing the Cause wherein Edmund Rolfe Esquire is Appellant, and John Peterson and another are Respondents:

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

Gott against Gott.

The House being moved, That a Day may be appointed for hearing the Cause wherein Sarah Gott Spinster is Appellant, and Henry Thomas Gott Esquire is Respondent:

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum primum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.