House of Lords Journal Volume 33: May 1773, 21-31

Journal of the House of Lords Volume 33, 1770-1773. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Citation:

'House of Lords Journal Volume 33: May 1773, 21-31', in Journal of the House of Lords Volume 33, 1770-1773( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol33/pp648-663 [accessed 22 December 2024].

'House of Lords Journal Volume 33: May 1773, 21-31', in Journal of the House of Lords Volume 33, 1770-1773( London, 1767-1830), British History Online, accessed December 22, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol33/pp648-663.

"House of Lords Journal Volume 33: May 1773, 21-31". Journal of the House of Lords Volume 33, 1770-1773. (London, 1767-1830), , British History Online. Web. 22 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol33/pp648-663.

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In this section

Die Veneris, 21o Maii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Archiep. Cantuar. Ds. Apsley, Cancellarius. Ds. Mansfield.
Epus. Cicestrien. Comes Westmorland. Ds. Boston.
Epus. Petriburg. Comes Sandwich. Ds. Vernon.
Epus. Litch. & Cov. Comes Abercorn. Ds. Digby.
Comes Marchmont.
Comes Rosebery.
Comes Dartmouth.
Comes Aylesford.
Comes Ilchester.
Comes Northington.
Viscount Montague.
Viscount Falmouth.
Viscount Wentworth.
Viscount Dudley & Ward.

PRAYERS

D. Beauforts Estate Bill.

The Earl of Westmorland reported from the Lords Committees, to whom the Bill, intituled, An Act for vesting Part of the Estates, strictly entailed by the Will of the Most Noble Charles Noel late Duke of Beaufort, in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of other Manors, Lands, and Hereditaments, in the County of Monmouth, to be settled to the same Uses, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made 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.

Writs of Error:

The Lord Mansfield, Lord Chief Justice of the Court of Kings Bench, in the usual Manner, delivered in at the Table Two Writs of Error:

In the First of which.

Luttersloh against Rybot.

Emanuel Luttersloh Esquire is Plaintiff, and Francis Rybot is Defendant:

And in the other,

Hopkinson against Hanbury et al.

Jonathan Hopkinson is Plaintiff, and Osgood Hanbury and others are Defendants.

Chalke and Chilton against Ward:

This Day being appointed for arguing the Errors assigned upon a Writ of Error, wherein Richard Chalke and John Chilton are Plaintiffs, and Henry Townley Ward is Defendant:

Counsel were accordingly called in:

Counsels Name put to Plaintiffs Case without his Consent:

And Mr. Cowper, One of the Counsel whose Name is printed in the Plaintiff John Chiltons Case, as Counsel for him at the Bar, acquainted the House, That the said Plaintiff had put his Name to the said Case in Breach of Confidence, and the most solemn Promise made, to him by the said Plaintiff not to do it, and without his Consent; and that the said Plaintiff had put the Name of the other Counsel to his Case, if possible, in a more unfair Manner.

Whereupon, Mr. Wallace, the Counsel for the Defendant in Error, was heard for the Defendant.

The Counsel were directed to withdraw.

Whereupon, The following Order and Judgement was made:

Judgement affirmed with Costs:

Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Judgement, given in the Court of Kings Bench, be, and the same is hereby affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Plaintiffs do pay, or cause to be paid, to the said Defendant, the Sum of Fifty Pounds for his Colls, sustained by reason of bringing the said Writ of Error.

The Tenor of which Judgement to be affixed to the Transcript of the Record to be remitted, is as follows:

But because the Court of Parliament here is not yet advised what Judgement to give of and upon the Premises, Day is therefore given to the Parties aforesaid, before the same Court of Parliament wheresoever, &c. until Friday the Twenty-first Day of May, to hear their Judgement of and upon the Premises; at which Day before the same Court of Parliament aforesaid, at Westminster, in the County of Middlesex aforesaid, come the Parties aforesaid, in their proper Persons; whereupon all and singular the Premises being seen, and by the Court now here fully understood, and having diligently examined and inspected, as well the Record and Process aforesaid, and the Affirmance of the Judgement aforesaid, as the Causes and Matters aforesaid, by the said Richard Chalke and John Chilton above assigned for Error; and mature Deliberation being thereupon had, it appears to the same Court of Parliament now here, that there is no Error, either in the Record or Process aforesaid, or in the Affirmance of the Judgement aforesaid, and that the same is in no ways vicious or defective: Therefore it is considered by the same Court of Parliament aforesaid, that the said Judgement, and the said Affirmance thereof be, and continue, in all Things affirmed, and stand in full Force and Effect, the said Causes and Matters by the said Richard Chalke and John Chilton above assigned for Error in anywise notwithstanding: It is also further considered by the same Court of Parliament aforesaid now here, That the said Henry Townley Ward do recover against the said Richard Chalke and John Chilton Fifty Pounds to the same Henry Townley Ward, with his Assent, by the same Court of Parliament aforesaid, according to the Form of the Statute in that Case made and provided, adjudged for his Damages, Costs, and Charges which he hath sustained by Occasion of the Delay of the Execution of the Judgement aforesaid, by Pretext of prosecuting the said Writ of Error upon the aforesaid Judgement, and the Affirmance thereof: And thereupon the Record aforesaid, and also the Processes in the Premises in the same Court of Parliament are remitted to the Court of our Lord the King, before the King himself, wheresoever, &c. to the End that Execution may be done thereupon, &c.

Which done,

Resolution that the Plaintiff is guilty of a Misdemeanor, &c.:

Resolved, by the Lords Spiritual and Temporal, in Parliament assembled, That the said John Chilton, having put the Name of Counsel to his printed Cases without his Consent, is guilty of an high Misdemeanor, and of a Breach of the Privilege of this House.

Ordered into Custody of the Black Rod.

Ordered, That the Gentleman Usher of the Black Rod attending this House do forthwith attach the Body of the said John Chilton for his said Offence, and keep him in safe Custody, until the further Order of this House; and this shall be a sufficient Warrant in that Behalf:

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

Messages from H. C. to return Newark upon Trent Road Bill.

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

To return the Bill, intituled, An Act for Sale of certain Charity Estates therein mentioned, and to apply the Money to arise therefrom in the Building of a Town-Hall and Shambles, in the Town of Newark upon Trent; and in the purchasing of Lands and Hereditaments for enlarging the Church Yard of the said Town, and for opening the Avenues thereto; and for laying out the Residue of the Money in purchasing other Lands to be settled to the Charitable Uses therein mentioned; and to acquaint this House, that they have agreed to the same; without any Amendment.

and Hornby and Tatham Manors Bill.

A Message was brought from the House of Commons, by Sir Alexander Gilmour and others:

To return the Bill, intituled, An Act for establishing and rendering effectual certain Articles of Agreement, enabling the several Fee-Farm and Customary Tenants, within the Honour, Manor, and Lordship of Hornby, and Manor of Tatham, in the County Palatine of Lancaster, to purchase the Timber Trees and Underwoods growing upon their respective Tenements, and for vesting the sole Property thereof in them respectively, and extinguishing the Customary Right of the other Tenants therein; and for releasing and extinguishing the Freehold, Fee-Farm, and Customary Rents, Boons, Fines, and other Services of Right due and accustomed for the Tenements of such of the said Tenants who have executed the said Articles of Agreement, and of such who shall, within the Time limited by this Act, come in and purchase their Timber Trees, Woods, and Underwoods, Rents, Boons, Fines, and Franchisements, with such Exceptions and Reservations only as are in this Act mentioned; and to acquaint this House, that they have agreed to the same, without any Amendment.

Hook-Norton and Southrop Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Parish and Liberties of Hook-Norton and Southrop, in the County of Oxford; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Truro Road and Bridge Bill.

Hodie 3a vice lecta est Billa, intituled, An Act for more effectually amending several Roads leading from and near the Borough of Truro, in the County of Cornwall, and for building a Bridge over the River at a Place called The Steppings, in or near the said Borough.

The Question was put, Whether this Bill shall pass?

It was resolved m the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Pechell and Mr. Eames:

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

Southampton Poor, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for better regulating the Poor, and repairing the Highways, within the Town and County of the Town of Southampton.

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

E. Westmorland. L. Abp. Canterbury. L. Mansfield.
E. Sandwich. L. Bp. Chichester. L. Boston.
E. Abercorn. L. Bp. Peterborough. L. Vernon.
E. Marchmont. L. Bp. Litch. & Cov. L. Digby.
E. Rosebery.
E. Dartmouth.
E. Aylesford.
E. Ilchester.
E. Northington.
V. Montague.
V. Falmouth.
V. Wentworth.
V. Dudley & Ward.

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

Rochester, &c, Roads Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for enlarging the Term and Powers of Three Acts, passed in the First, Ninth, and Twenty-second Years of the Reign of His late Majesty King George the Second, for repairing and enlarging the Road leading from the House called The Sign of the Bells, in the Parish of Saint Margaret, in Rochester, to Maidstone, and other Roads therein mentioned, in the County of Kent.

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

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

Sheffield and Birmingham Assay Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for Sheffield and appointing Wardens and Assay-Masters for assaying Wrought plate in the Towns of Sheffield and Birmingham.

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.

Ordered, That all the Lords who have been or shall be present this Session be added to the said Committee.

Round Acton &c. Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Commons and Waste Lands in the several Parishes of Round Acton, Morvil Barrow, Much Wenlock, and Astley Abbots, in the County of Salop.

The Question was put, Whether this Bill, with the Amendments, shall pass?

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

D. Beauforts Estate Bill.

Hodie 3a vice lecta est Billa, intituled, An Act for vesting Part of the Estates strictly entailed by the Will of the Most Noble Charles Noel late Duke of Beaufort, in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of other Manors, Lands, and Hereditaments, in the County of Monmouth, to be settled to the same Uses.

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.

Bethnal Green Workhouse and Poor Bill.

Hodie 3a vice lecta est Billa, intituled, An Act to enable the Inhabitants of the Parish of Saint Matthew Bethnal Green, in the County of Middlesex, to pay Debts already contracted in finishing and furnishing their Workhouse, and on Account of the Poor of the said Parish, and for their further Relief.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Haltham cum Roughton Enclosure Bill;

Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open and Common Fields, Meadows, Ings, Moors, Common Pastures, and other Commonable Lands, within, the Manors of Haltham cum Roughton, in the Townships of Haltham and Roughton, in the County of Lincoln.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Two preceding Billa.

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

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

Mary le Bone Paving, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for amending and rendering more effectual Two Acts, made, One in the Eighth, and the other in the Tenth Year of His present Majestys Reign, for regulating the Nightly Watch and Beadles; and for paving, repairing, cleansing, and lighting, the Parish of Saint Mary le Bone, in the County of Middlesex; and for other Purposes in the said Acts mentioned.

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

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

Wastes, &c. Cultivation of, Bill.

Hodie 1a vice lecta est Billa, intituled, An Act for the better Cultivation, Improvement, and Regulation of the Common Arable Fields, Wastes, and Commons of Pasture, in this Kingdom.

Ordered, That the said Bill be printed.

E. Scarborough ’s Estate Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for discharging the Manor of Greenfield and divers Messuages, Lands, and Hereditaments, in the County of Lincoln, Part of the Estate of Richard Earl of Scarborough, from the Uses, Estates, and Trusts, declared concerning the same by the Settlement executed previous to his Marriage with Barbara Countess of Scarborough his Wife; and for settling other Lands and Hereditaments of greater Value in Lieu thereof to the like Uses.

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.

Swineshead and Wigtoft Marsh Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Parcels of Fen and other Commonable Lands, within the Parish of Swineshead, in the County of Lincoln; and also a certain Plot of Land called Wigtoft Marsh, in and near to the said Parish of Swineshead.

West Willoughby Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields and Lands, Common Heath and Waste Grounds, within the Township of West Willoughby, in the Manor of Sudbrooke and Parish of Lancaster, in the County of Lincoln.

Horsington, Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields and Commonable Lands, within the Manor and Parish of Horsington, in the County of Lincoln.

Bedford North Level Drainage Bill.

Hodie 1a vice lecta est Billa, intituled, An Act for more effectually executing an Act, passed in the Twenty-seventh Year of King George the Second, for draining and preserving the, Lands in the North Level, Part of Bedford Level, so far as relates to the Fourth District of the said North Level.

Louis for a Nat. Bill:

Upon reading the Petition of Joseph Gape Esquire, Guardian of Jacques otherwise James Louis, an Infant under the Age of Eighteen Years, that is to say, of the Age of Nine Years and Four Months, or thereabouts; praying Leave to bring in a Bill for naturalizing the said Infant:

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

Bill read.

Whereupon the Lord Boston presented to the House Bill, intituled, An Act for Naturalizing Jacques otherwise James Louis, an Infant under the Age of Eighteen Years.

The said Bill was read the First Time.

Ordered, That the Sitting of the Committee of Privileges appointed to consider the Pedigrees of William Duke of Devonshire, James Duke of Candors, George Harry Earl of Stamford, Frederick Earl of Carlisle, Robert Earl of Litchfield, Other Lewis Earl of Plymouth, George Earl of Egremont, George James Earl of Cholmondeley, Robert Earl of Harborough, Wills Earl of Hillsborough, John Lord Audley, Edwin Lord Sandys, John James Lord Lovel and Holland, and Thomas Lord Ducie, be revived, and meet on Wednesday next.

Wales, to discourage frivolous Suits, &c. in, Bill.

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the whole House to the Bill, intituled, An Act to discourage the Practice of commencing frivolous and vexatious Suits in His Majestys Courts at Westminster, in Causes of Action arising within the Dominion of Wales; and for further regulating the Proceedings in the Courts of Great Sessions in Wales.

Ordered, That the said Report be received on Monday next.

Lincoln against Keogh, Pleadings proved.

The House being informed, That Francis Coghlan attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause wherein Mary Frances Lincoln of the City of Dublin Widow is Appellant, and John Keogh 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.

Report of Commissioners for Greenwich Hospital delivered.

The House being informed, That Mr. Ibbetson from the Commissioners of Greenwich Hospital attended:

He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament:

Report of the Commissioners or Governors of the Royal Hospital for Seamen at Greenwich, of what Money has been received out of the Rents and Profits of the Derwentwater Estate, between the 1st of December 1770 and 30th November 1771; and of their Proceedings in carrying on the Building:

Also, Report of the Commissioners or Governors of the Royal Hospital for Seamen at Greenwich, of what Money has been received out of the Rents and Profits of the Derwentwater Estate, between the 1st of December 1771 and 30th November 1772; and of their Proceedings in carrying on the Building.

And then he was directed to withdraw.

And the Titles thereof, being read by the Clerk:

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad at in diem Lun, vicesimum quantum diem instantis Maii, hora undecima Auror, Dominis sic decernentibus.

Die Lun, 24o Maii 1773.

Domini tam (fn. 1) Spirituales quam Temporals prsentes fuerent:

Epus. Litch. & Cov. Ds. Apsley, Cancellarius. Ds. Lyttleton.
Comes Denbigh. Ds. Camden.
Comes Westmorland.
Comes Abercorn.
Viscounts Wentworth.

PRAYERS.

Yateman against Cox et al.:

Ordered, That the Hearing of the Cause wherein Francis Yateman Gentleman is Appellant, and Sarah Cox and others are Respondents, which Stands appointed for this Day, be put off to Tuesday the 8th Day of June next.

Causes put off.

Ordered, That the Hearing of the Cause wherein Sir Gilbert Elliot of Miorto Baronet and others are Appellants, and Sir Harry Seton Baronet and others are Respondents, which Stands appointed for Wednesday next, be put off to Friday next, and that the Rest of the Causes be removed in course.

Wales, to discourage frivolous Suits, &c. in, Bill.

The Lord Viscount Wentworth (according to Order) reported the Amendments made by the Committee of the whole House to the Bill, intituled, An Act to discourage the Practice of commencing frivolous and vexatious Suits in His Majestys Courts at Westminster, in Causes of Action arising within the Dominion of Wales; and for further regulating the Proceedings in the Courts of Great Sessions in Wales.

The said Amendments were read by the Clerk as follow:

Pr. 1. L. 12. After [arisen] leave out [in order].

L. 36. After [in] leave out [either], and after the Word [if] insert [the Judge who tried the Cause on Evidence appearing before him, shall certify on the Back of the Record of Nisi prius, that].

L. 37. After [Defendants] leave out [shall have been], and insert [was or were].

Pr. 2. L. 1. After [of] leave out [any], and insert [the].

L. 3. After [Action] insert [on such Fact being suggested on the Record or Judgement Roll, a Judgement of Nonsuit shall be entered against the Plaintiff, and].

L. 39. Leave out from the Word [Wales] to the Word [shall] in the 8th Line of the 3d Press, and instead thereof insert [and that the Defendant or Defendants were resident in the Dominion of Wales at the Time of the Service of any Writ or other Mesne Process served on him, her, or them in such Action, and it shall be so certified under the Hand of the Judge who tried such Cause upon the Back of the Record of Nisi prius (on such Facts being suggested on the Record or Judgement Roll), a Judgement of Non-suit shall be entered thereon against the Plaintiff; and the Plaintiff or Plaintiffs].

Pr. 3. L. 9. After [his] insert [or their].

L. 13. After [Action] insert [and in the Taxation of all Costs allowed and given to the Defendant or Defendants, by and in pursuance of this Act, the proper Officer shall allow to the Plaintiff or Plaintiffs, out of the Defendants Costs, the full Sum given by the Verdict to the Plaintiff or Plaintiffs for his or their Debt or Damages: And although no Judgement shall be entered for the Plaintiff or Plaintiffs upon such Verdict, yet nevertheless such Verdict, without any Judgement entered thereon, shall be an effectual Bar to any Action or Actions commenced by the Plaintiff or Plaintiffs for the same].

Pr. 6. L. 18. Leave out [or Sign Manuals].

L. 20 After [Justice] insert [in the said County Palatine of Chester, or].

L. 21. Leave Out from the Word [the] to the Word [the] in the next Line, and instead thereof insert [said Counties of Wales for].

Pr. 13. L. 3. After [Defendant] insert [in Case such Declaration shall have been delivered Seven Days before the First Day of the Session next ensuing the Return of such Writs].

L. 4. Leave out from the Word [of] to the Word [great] in the next Line, and instead thereof insert [such].

Pr. 14. L. 37. After [Case] leave out [of], and instead thereof insert [on], and in the same Line, after [Service] insert [of], and in the same Line leave out [Writs] and insert [any Writ].

Pr. 15. L. 1. Leave out [and].

L. 22. After [Defendants] insert [in Case such Declaration shall have been delivered Seven Days before the First Day of the Session next ensuing the Return of such Writ].

L. 24. Leave out [at the next], and insert [of such].

And the said Amendments, being read a Second Time, were, severally agreed to by the House.

Message from H. C. to return Billerss Nat. Bill.

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

To return the Bill, intituled, An Act for naturalizing William Bitters an Infant; and to acquaint this House, that they have agreed to the same, without any Amendment.

Swineshead and Wigtoft Marsh Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Parcels of Fen and other Commonable Lands, within the Parish of Swineshead, in the County of Lincoln; and also a certain Plot of Land called Wigtoft Marsh, in and near to the said Parish of Swineshead.

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

E. Denbigh. L. Bp. Litch. & Cov. L. Lyttelton.
E. Westmorland. L. Camden.
E. Abercorn.
V. Wentworth.

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

Ordered, That all the Lords who have been, or shall be present this Session, be added to the said Committee.

Horsington Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, and Commonable Lands, within the Manor and Parish of Horsington, in the County of Lincoln.

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

West Willoughby Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields and Lands, Common Heath and Waste Grounds, within the Township of West Willoughby, in the Manor of Sudbrooke and Parish of Ancaster, in the County of Lincoln.

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Redstone Bridge, &c. Bill.

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

With a Bill, intituled, An Act for building a Bridge across the River Severn, near Redstone, in the County of Worcester; and for making proper Avenues and Roads to and from the same; and for making Satisfaction to the Proprietors of a Ferry across the said River at Redstone aforesaid; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Dominus Cancellarius declarant prsens Parliamentum continuandum esse usque ad in diem Martis, vicesimum quantum diem instantis Maii, hora undecima Auror, Dominis sic decernentibus.

Die Martis, 25o Maii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Archiep. Cantuar. Ds. Apsley, Cancellarius. Ds. Paget.
Epus. Meneven. Dux Athol. Ds. Ravensworth.
Epus. Litch. & Cov. Comes Exeter. Ds. Walpole.
Comes Denbigh. Ds. Sondes.
Comes Westmorland. Ds. Boston.
Comes Abercorn. Ds. Camden.
Comes Rosebery.
Comes Dartmouth.
Comes Aylesford.
Comes Hardwicke.
Viscount Say & Sele
Viscount Weymouth.
Viscount Irwin.
Viscount Falmouth.
Viscount Wentworth.

PRAYERS.

Kingston upon Thames lighting, &c. Bill.

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

With a Bill, intituled, An Act for the better lighting and watching the Town of Kingston upon Thames, in the County of Surrey; and for removing and preventing all Obstructions, Encroachments, and Nuisances therein; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Messages from H. C. to return Cades Divorce Bill:

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

To return the Bill, intituled, An Act to dissolve the Marriage of Philip Cade Esquire with Catharine Whitworth 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.

and Round Action, &c. Enclosure Bill.

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

To return the Bill, intituled, An Act for dividing and enclosing certain Commons and Waste Lands, in the several Parishes of Round Acton, Morvil Barrow, Much Wenlock, and Astley Abbots, in the County of Salop; and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Sheffield and Birmingham Assay Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act for appointing Wardens and Assay-Masters for assaying Wrought Plate, in the Towns of Sheffield and Birmingham, 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.

Rochester, &c. Road Bill.

The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for enlarging the Term and Powers of Three Acts, passed in the First, Ninth, and Twenty-second Years of the Reign of His late Majesty King George the Second, for repairing and enlarging the Road leading from the House called the Sign of The Bells, in the Parish of Saint Margaret, in Rochester, to Maidstone, and other Roads therein mentioned, in the County of Kent, was committed.

Wales, to discourage frivolous Suits, &c. in Bill:

Hodie 3a vice lecta est Bills, intituled, An Act to discourage the Practice of commencing frivolous and vexatious Suits in His Majestys Courts at Westminster, in Causes of Action arising within the Dominion of Wales; and for further regulating the Proceedings in the Courts of Great Sessions in Wales.

Then the following Amendments were made to the Fein Bill; (videlicet),

Pr. 13. L. 29. After [whatsoever] leave out [to answer relating to], and insert [by which].

L. 30. After [Action] leave out [or Suit to be brought or], and insert shall be].

L. 31. After [commenced] insert [or sued].

Pr. 16. L. 9. Leave out from [same] to the Word [by] in Line 11.

The Question was put, Whether this Bill, with the Amendments, shall pass?

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Pechell and Mr. Cuddon:

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with some Amendments; to which their Lordships desire their Concurrence.

Redstone Bridge, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for building a Bridge across the River Severn, near Redstone, in the County of Worcester; and for making proper Avenues and Roads to and from the same; and for making Satisfaction to the Proprietors of a Ferry across the said River at Redstone aforesaid.

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

D. Athol. L. Abp. Canterbury. L. Paget.
E. Exeter. L. Bp. St. Davids. L. Ravensworth.
E. Denbigh. L. Bp. Litch. & Cov. L. Walpole.
E. Westmorland. L. Sondes.
E. Abercorn. L. Boston.
E. Rosebery. L. Camden.
E. Dartmouth.
E. Aylesford.
E. Hardwicke.
V. Say & Sele.
V. Weymouth.
V. Irwin.
V. Falmouth.
V. Wentworth.

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

Bedford North Level Drainage Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for more effectually executing an Act, passed in the Twenty-seventh Year of King George the Second, for draining and preserving the Lands in the North Level, Part of Bedford Level, so far as relates to the Fourth District of the said North Level.

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.

Hook-norton and Southrop Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Parish and Liberties of Hook-norton and Southrop, in the County of Oxford.

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.

Louiss Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for naturalizing Jacques otherwise James Louis, an Infant under the Age of Eighteen Years.

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

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

Madhouses, Regulation of, Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, An Act for regulating Private Madhouses; and for the Lords to be summoned.

The said Bill was accordingly read a Second Time.

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 Friday next; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declarant prsens Parliamentum continuandum esse usque ad in diem Jovis, vicesimum Septimus diem instantis Maii, hora undecima Auror, Dominis sic decernentibus.

Die Jovis, 27o Maii 1773.

Domini tam Spirituales quam Temporales prsentes fuerent:

Archiep. Cantuar. Ds. Apsley, Cancellarius. Ds. Mansfield.
Epus. Winton. March. Rockingham. Ds. Boston.
Epus. Meneven. Comes Denbigh.
Epus. Litch. & Cov. Comes Westmorland.
Comes Abercorn.
Comes Marchmont.
Comes Rosebery.
Comes Bucks.
Viscount Wentworth

PRAYERS.

Countess Dowager Wemyss against Stuarts:

After hearing Counsel this Day upon the Petition and Appeal of Janet Countess Dowager of Wemyss, complaining of Four Interlocutors of the Lord Ordinary in Scotland, of the 24th of November and 10th of December 1772, and 16th and 29th of January 1773; as also of an Interlocutor of the Lords of Session there, of the 2d of March 1773; and also of Two other Interlocutors of the said Lord Ordinary, of the 5th and 6th of March 1773; and praying; That the same might be reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of James Stuart Esquire and Sir James Stuart Baronet, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement 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 several Interlocutors therein complained of be, and the same are hereby affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondents, the Sum of One hundred Pounds for their costs in respect of the said Appeal.

Swineshead and Wigtoft Marsh Enclosure Bill.

The Earl of Westmorland reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing, and enclosing the several Parcels of Fen and other Commonable Lands, within the Parish of Swineshead, in the County of Lincoln; and also a certain Plot of Land called Wigtoft Marsh, in and near to the said Parish of Swineshead, 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.

Horsington Enclosure Bill.

The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields and Commonable Lands, within the Manor and Parish of Horsington, in the County of Lincoln, was committed.

Thorpe Mandeville Rectory Bill.

The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, An Act to empower the Reverend Ptolemy Humfrey Clerk, and the Reverend John Jephcot Clerk and Catherina Dorothea his Wife; and to exchange a Messuage and certain Closes in Thorpe Mandeville, in the County of Northampton, Part of the Glebe of the Rectory of Thorpe Vaudeville aforesaid, for a Messuage, Two small Cottages, and several Closes and Lands in Thorpe Vandeville aforesaid, Part of the Estate of Richard Jennings of Weston in the County of Northampton Esquire and for the setting out, assigning, and appointing other Closes, Lands, or Grounds of the said Richard Jennings, in Thorpe Vandeville aforesaid, in Lieu of Tithes; and for other the Purposes therein mentioned, was committed.

Southampton Poor, &c. Bill.

The Lord Viscount Wentworth also reported from the Lords Committees, to whom the Bill, intituled, An Act for better regulating the Poor and repairing the Highways within the Town and County of the Town of Southampton, 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.

St. Mary le Bone Paving, &c. Bill.

The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for amending and rendering more effectual Two Acts, made, One in the Eighth, and the other in the Tenth Year of His present Majestys Reign, for regulating the Nightly Watch and Beadles; and for paving, repairing, cleansing, and lighting the Parish of Saint Mary le Bone, in the County of Middlesex; and for other Purposes in the said Acts mentioned, was committed.

Redstone Bridge, &c. Bill.

The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for building a Bridge across the River Severn, near Redstone, in the County of Worcester; and for making proper Avenues and Roads to and from the same; and for making Satisfaction to the Proprietors of a Ferry across the said River at Redstone aforesaid, was committed.

Bedford North Level Drainage Bill.

The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for more effectually executing an Act, paired in the Twenty-seventh Year of King George the Second, for draining and preserving the Lands in the North Level, Part of Bedford Level, so far as relates to the Fourth District of the said North Level, was committed.

West Willoughby Enclosure Bill.

The Lord Viscount Wentworth also reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields and Lands, Common Heath and Waste Grounds, within the Township of West Willoughby, in the Manor of Sudbrooke and Parish of Ancaster, in the County of Lincoln, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto:

Which Amendments were read by the Clerk, as follow:

Pr. 34. L. 17. After [the], insert [said William Roe the Impropriator, and the].

L. 32. After [for], insert [the said Impropriator and].

And the same, being read a Second Time, were agreed to by the House.

Swineshead and Wigtoft Marsh Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Parcels of Fen and other Commonable Lands, within the Parish of Swineshead, in the County of Lincoln; and also a certain Plot of Land called Wigtoft Marsh, in and near to the said Parish of Swineshead.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Horsington Enclosure Bill:

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

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Southampton Poor, &c. Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for better regulating the Poor, and repairing the Highways, within the Town and County of the Town of Southampton.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

St. Mary le Bone Paving, &c. Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for amending and rendering more effectual Two Acts, made, One in the Eighth, and the other in the Tenth year of His present Majestys Reign, for regulating the Nightly Watch and Beadles, and for paving, repairing, cleansing, and lighting, the Parish of Saint Maryle Bone, in the County of Middlesex; and for other Purposes in the said Acts mentioned.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Thorpe Mandeville Rectory Bill:

Hodie 3a vice lecta est Billa, intituled, An Act to empower the Reverend Ptolemy Humfrey Clerk, and the Reverend John Jephcot Clerk and Catherina Dorothea his Wife; and to exchange a Messuage and certain Closes in Thorpe Mandeville, in the County of Northampton, Part of the Glebe of the Rectory of Thorpe Mandeville aforesaid, for a Messuage, Two small Cottages, and several Closes and Lands in Thorpe Mandeville aforesaid, Part of the Estate of Richard Jennings of Weston in the County of Northampton Esquire; and for the setting out, assigning, and appointing other Closes, Lands, or Grounds, of the said Richard Jennings in Thorpe Mandeville aforesaid, in Lieu of Tithes; and for other the Purposes therein mentioned.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Redstone Budge, &c. Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for building a Bridge across the River, Severn, near Redstone, in the County of Worcester, and for making proper Avenues and Roads to and from the same; and for making Satisfaction to the Proprietors of a Ferry across the said River at Redstone aforesaid.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Bedford North Level Drainage Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for more effectually executing an Act, passed in the Twenty-Seventh Year of King George the Second, for draining and preserving the Lands in the North Level, Part of Bedford Level, so far as relates to the Fourth District of the said North Level.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Sheffield and Birmingham Assay Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for appointing Wardens and Assay-Masters for assaying Wrought Plate in the Towns of Sheffield and Birmingham.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Rochester, Road, &c. Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for enlarging the Term and Powers of Three Acts, passed in the First, Ninth, and Twenty-second Years of the Reign of His late Majesty King George the Second, for repairing and enlarging the Road leading from the House called The Sign of the Bells in the Parish of Saint Margaret, in Rochester, to Maldstone, and other Roads therein mentioned, in the County of Kent.

The Question was put; Whether this Bill shall pass?

It was resolved in the Affirmative;

Messages to H. C. that the Lords have agreed to the Nine preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Cuddon and Mr. Montagu:

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

Kingston upon Thames lighting, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for the better lighting and watching the Town of Kingston upon Thames, in the County of Surry; and, for removing and preventing all Obstructions, Encroachments, and Nuisances therein.

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

M. Rockingham. L. Abp. Canterbury. L. Mansfield.
E. Denbigh. L. Bp. Winchester. L. Boston.
E. Westmorland. L. Bp. St. Davids.
E, Abercorn. L. Bp. Litch. & Cov.
E. Marchmont.
E. Robbery.
E. Bucks.
V. Wentworth

Their Lordships, of any Five of them, to meet To-morrow, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.

Message from H. C. to return the Bill to discourage frivolous Suits in Wales.

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

To return the Bill, intituled, An Act to discourage the Practice of commencing frivolous and vexatious Suits in His Majestys Courts at Westminster; in Causes of Action arising within the Dominion of Wales; and for further regulating the Proceedings in the Courts of Great Sessions in Wales; and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Moor Game, Preservation of, Bill.

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

With a Bill, intituled, An Act to explain and amend the several Laws now in being, so far as the same relate to the Preservation of the Moor or Hill Game; to which they desire the Concurrence of this House.

Game in Scotland, Preservation of, Bill.

A Message was brought from the House of Commons, by the Lord Advocate for Scotland and others:

With a Bill, intituled, An Act for the more effectual Preservation of the Game in that Part of Great Britain called Scotland, and for repealing and amending several of the Laws now in being relating thereto; to which they desire the Concurrence of this House.

The said Two Bills were, severally, read the First Time.

Writs of Error:

The Lord Mansfield, Lord Chief Justice of the Court of Kings Bench, in the usual Manner, delivered in at the Table Seven Writs of Error:

In the First of which.

Vaux against Dutens et at.

Joseph Vaux is Plaintiff, and Peter Dutens and others are Defendants.

In the Second,

Dudley against Starling:

Edward Dudley is Plaintiff, and Hannah Starling Widow is Defendant.

In the Third,

Rose against Goodnight.

John Rose is Plaintiff and Timothy Goodnight is Defendant.

In the fourth,

Salt against Doe:

Samuel Salt is Plaintiff, and John Doe is Defendant.

In the Fifth,

Collett against Draper.

Richard Collett Gentleman is Plaintiff, and Richard Draper is Defendant.

In the Sixth,

Dixon against, Cade:

Joseph Dixon is Plaintiff, and William Cade is Defendant.

And in the last,

Warriners against Hipsley.

John Warriner and Richard Warriner are Plaintiffs, and William Hipsley is Defendant.

Stephen et al. against Duff et al.

Upon reading the Petition and Appeal of Thomas Stephen Senior, late Provost of Elgin, John Laing Merchant, One of the late Baillies, and Alexander Brander some Time Baillie and late Treasurer of the said Borough of Elgin, complaining of Five Interlocutors of the Lords of Session in Scotland, of the 29th of January, the 4th and 15th of February, and 6th and 11th of March, 1773; as also of an Interlocutor of the Lord Gardenstone of the 11th of March 1773; and also of an Interlocutor of the Lord Kennet, of the 5th of May 1773; and praying, That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Duff, Robert Leslie, John Jameson, James Anderson, George Simpson, John Clerk, Alexander, Brodie, William Brodie, Adam Watson, Alexander Cook, William Robertson, Joseph Wilson, John Barron, and Alexander Gray, may be required to answer the said Appeal:

It is Ordered, That the said John Duff and the said several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Thursday the 24th Day of June next and Service of this Order upon the said Respondents, or upon any of their Counsel, Solicitors, or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Adjourn.

Dominus Cancellarius declarant prsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum octavum diem instantis Maii, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 28o Maii 1773.

Domini tam Spirituales Guam Temporales prsentes fuerent:

Archiep. Cantuar. Ds. Apsley, Cancellarius. Ds. Le Despencer.
Epus. Oxon. Dux Athol. Ds. Clifton.
Epus. Meneven. Comes Denbigh. Ds. Walpole.
Comes Poulet. Ds. Sondes.
Comes Abercorn. Ds. Boston.
Comes Rosebery. Ds. Beaulieu.
Comes Dartmouth. Ds. Camden.
Comes Waldegrave.
Comes Hardwicke.
Comes Ilchester.
Comes Northington.
Viscount Montague.
Viscount Irwin.
Viscount Falmouth.

PRAYERS.

Publick Highways Bill.

A Message was brought from the House of Commons, by Sir Thomas Clavering and others:

With a Bill, intituled, An Act to explain, amend, and reduce into One Act of Parliament, the Statutes now in being, for the Amendment and Preservation of the Publick Highways, within that Part of Great Britain called England; and for other Purposes; to which they desire the Concurrence of this House.

Kingston upon Thames lighting, &c. Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for the better lighting and watching the Town of Kingston upon Thames, in the County of Surrey; and for removing and preventing all Obstructions: Encroachments, and Nuisances therein, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Louiss Nat. Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing Jacques otherwise James Louis, an Infant under the Age of Eighteen Years, was committed.

Ordered, That the said Bill be engrossed.

Hook-norton; and Sonthrop Enclosures Bill.

The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Parish and liberties of Hook-norton and Southrop, in the County of Oxford, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto:

Which Amendments were read by the Clerk, as follow; (videlicet),

Pr. 10. L. 35. and 36. Leave out [Summer], and insert [First or Second].

Pr. 12. L. 15. Leave out from [aforesaid] to [then] in Line 18.

And the same, being read a Second Time, were agreed to by the House.

Sir Gilbert Elliot et al. against Sir Hany Seton et al.

Ordered, That the Hearing of the Cause, wherein Sir Gilbert Elliot of Miorto Baronet and others are Appellants, and Sir Harry Seton Baronet and others are Respondents, which Stands appointed for this Day, be put off to Wednesday Sevennight.

Causes put off.

Ordered, That the Hearing of the Cause wherein Mary Frances Lincoln of the City of Dublin Widow is Appellant, and John Keogh is Respondent, which Stands appointed for Monday next, be put off to Friday Sevennight; and that the Rest of the Causes be removed in Course.

Louiss Nit. Bill.

Hodie 3a vice lecta est Billa, intituled, An Act for naturalizing Jacques otherwise James Louis, an Infant under the Age of Eighteen Years.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Bills passed by Commission.

The Lord Chancellor acquainted the House, That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament.

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Chancellor in the Middle, with the Lord Archbishop of Canterbury on his Right Hand, and the Earl of Dartmouth on his Left, commanded the Gentleman Usher of the Black Rod to signify to the Commons, The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read:

Who being come, with their Speaker;

The Lord Chancellor said,

My Lords, and Gentlemen of the House of Commons,

His Majesty not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts, which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons, assembled for that Purpose; which Commission you will now hear read.

Then the said Commission was read by the Clerk, as Follows:

GEORGE R.

George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Right Well-beloved the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Burghs, of the House of Commons, in this present Parliament assembled, Greeting: Whereas, We have seen and perfectly understood divers and sundry Acts agreed and accorded on by you Our loving Subjects the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say), An Act to discourage the Practice of commencing frivolous and vexatious Suits in His Majestys Courts at Westminster, in Causes of Action arising within the Dominion of Wales; and for further regulating the Proceedings in the Courts of Great Sessions in Wales. An Act for appointing Wardens and Assay-Masters for assaying Wrought Plate in the Towns of Sheffield and Birmingham. An Act to enable the Inhabitants of the Parish of Saint Matthew Bethnal Green, in the County of Middlesex, to pay Debts already contracted in finishing and furnishing their Workhouse; and on Account of the Poor of the said Parish; and for their further Relief. An Act for amending and rendering more effectual Two Acts, made, One in the Eighth, and the other in the Tenth Year of His present Majestys Reign, for regulating the Nightly Watch and Beadles; and for paving, repairing, cleansing, and lighting, the Parish or Saint Mary-le-Bone, in the County of Middlesex; and for other Purposes in the said Acts mentioned. An Act for better regulating the scoor, and repairing the Highways, within the Town and County of the Town of Southampton. An Act for building a Bridge over the River Towey, near Llandovery, in the County of Carmarthen; and for making the Fords near the said Town safe and commodious. An Act for more effectually executing an Act, passed in the Twenty-seventh Year of King George the Second, for draining and preserving the Lands in the North Level, Part of Bedford Level, so far as relates to the Fourth District of the said North Level. An Act for the more effectual draining and preserving certain Fen Lands and Low Grounds, in the Parish of Yaxley, in the County of Huntingdon. An Act to enlarge the Term and Powers of an Act, passed in the Sixth Year of His present Majestys Reign, intituled, An Act for repairing and widening the Road from the present Turnpike Road at Haverhill to Redcross, in the Parish of Shelford, in the County of Cambridge. An Act for more effectually amending several Roads leading from and near the Borough of Truro, in the County of Cornwall; and for building a Bridge over the River, at a Place called The Steppings, in or near to the said Borough. An Act for building a Bridge across the River Severn, near Redstone, in the County of Worcester; and for making proper Avenues and Roads to and from the same; and for making Satisfaction to the Proprietors of a Ferry across the said River at Redstone aforesaid. An Act for enlarging the Term and Powers of Three Acts passed in the First, Ninth, and Twenty-second Years of the Reign of His late Majesty King George the Second, for repairing and enlarging the Road leading from the House called The Sign of the Bells, in the Parish of Saint Margaret, in Rochester, to Maidstone; and other Roads therein mentioned, in the County of Kent. An Act for making a Partition and Division of certain Estates in the Parish of Ryton, in the County of Durham, between Sir Edward Blackett Baronet and Sir Walter Blackett Baronet, pursuant to an Agreement made between them. An Act for the Division, Allotment, and Appropriation of several Messuages, Lands, and Hereditaments, in the several Counties of Leicester, Nottingham, and Lincoln, the Estates of Thomas Heron Esquire, whereof he is either Tenant for Life, under different Settlements, or whereunto he is entitled, to him and his Heirs, in Fee-Simple. An Act for vesting Part of the Settled Estate of Smith Child Gentleman, in the County of Stafford, in Trustees, to be sold, to raise Money to pay off the Incumbrances charged upon and affeding the same; and for other Purposes therein mentioned. An Act for Sale of the Settled Estate of Henry Spelman Clerk, in the County of Norfolk; and for other Purposes therein mentioned. An Act for Sale of certain Charity Estates therein mentioned; and for applying the Money to arise therefrom in the Building of a Town-Hall and Shambles in the Town of Newark upon Trent; and in the Purchasing of Lands and Hereditaments for enlarging the Church Yard of the said Town, and for opening the Avenues thereto; and for laying out the Residue of the Money in purchasing other Lands to be settled to the Charitable Uses therein mentioned. An Act for establishing and rendering effectual certain Articles of Agreement, enabling the several Fee-Farm and Customary Tenants, within the Honour, Manor, and Lordship of Hornby, and Manor of Tatham, in the County Palatine of Lancaster, to purchase the Timber Trees and Underwoods growing upon their respective Tenements; and for vesting the Sole Property thereof in them respectively, and extinguishing the Customary Right of the other Tenants therein; and for releasing and extinguishing the Freehold, Fee-Farm, and Customary Rents, Boons, Fines, and other Services of Right due and accustomed for the Tenements of such of the said Tenants who have executed the said Articles of Agreement, and of such, who shall, within the Time limited by this Act, come in, and purchase their Timber Trees, Woods, and Underwoods, Rents, Boons, Fines, and Franchisements, with such Exceptions and Reservations only as are in this Act mentioned. An Act to empower the Reverend Ptolomy Humfrey Clerk, and the Reverend John Jephcott Clerk and Catherina Dorothea his Wife, to exchange a Messuage and certain Closes in Thorp Mandeville, in the County of Northampton, Part of the Glebe, of the Rectory of Thorp Mandeville aforesaid, for a Messuage, Two small Cottages, and several Closes and Lands in Thorp Mandeville aforesaid, Part of the Estate of Richard Jennens of Weston in the County of Northampton Esquire; and for the setting out, assigning, and appointing, other Closes, Lands, or Grounds, of the said Richard Jennens, in Thorp Vandeville aforesaid, in Lieu of Tithes; and for other the Purposes therein mentioned. An Act for dividing and enclosing several Tracts or Parcels of Common and Waste Ground, called and known by the respective Names of Temple Sowerby Moor, The Down Moor, The Whinns and Parishs Close, within the Parish of Kirkby Thore, in the County of Westmoreland. An Act for dividing and enclosing a certain Parcel of Common or Wade Land called Galey Common, lying within the Manor or Lordship of Galey, in the County of Stafford. An Act for dividing and enclosing the Common and Waste Grounds, within the Manor or Township of Culgaithe, in the County of Cumberland. An Act for dividing, allotting, and enclosing, the Common Fields, Common Meadows, and other Commonable Lands, in the Manor and Parish of Stanton Harcourt, in the County of Oxford. An Act for dividing and enclosing the Commons and Waste Lands, within the Manor of Trysull and Session, in the Parish of Trysull, in the County of Stafford. An Act for dividing and enclosing certain Open and Common Fields, Meadows, Ings, Moors, Common Pastures, and other Commonable Lands, within the Manors of Haltham cum Roughton, in the Townships of Haltham and Roughton, in the County of Lincoln. An Act for dividing and enclosing certain Commons and Waste Lands, in the several Parishes of Round Acton, Morvill Barrow, Much Wenlock, and Astley Abbots, in the County of Salop. An Act for dividing and enclosing the several Parcels of Fen and other Commonable Lands, within the Parish of Swincehead, in the County of Lincoln, and also a certain Plot of Land called Wigtof Marsh, in and near to the said Parish of Swineshead. An Act for dividing and enclosing the Open and Common Fields, and Commonable Lands, within the Manor and Parish of Horsington, in the County of Lincoln. An Act to dissolve the Marriage of Philip Cade Esquire with Catharina Whitworth his now Wife, and to enable him to marry again; and for other Purposes therein mentioned. An Act for naturalizing William Billers an Infant. And albeit, the said Acts, by you Our said Subjects the Lords and Commons in this Our Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts: And forasmuch as for divers Causes and Considerations We can not conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence, and Provision therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, find had openly and publickly in the, Presence of you all assented to the same: And we do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; commanding also by these Presents Our Right Trusty and Well-beloved Counsellor Henry Lord Apsley, Our Chancellor of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; and also commanding the Most Reverend Father in God, Our Right Trusty and Well-beloved Counsellor, Frederick Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain; Our Right Trusty and Right Well-beloved Cousin and Counsellor Granville Earl Gower, President of Our Council; Our Right Trusty and Right Entirely-beloved Cousins and Counsellors, Augustus Henry Duke of Grafton, Keeper of Our Privy Seal; Thomas Duke of Leeds, John Duke of Rutland, Peregrine Duke of Ancaster and Kesteven, Great Chamberlain of England; Our Right Trusty and Right Well-beloved Cousins and Counsellors, William Earl Talbot, Steward of Our Household; Francis Seymour Earl of Hertford, Chamberlain of Our Household; Henry Earl of Suffolk and Berkshire, One of Our Principal Secretaries of State; John Earl of Sandwich, First Commissioner of Our Admiralty; Robert Earl of Holdernesse, William Henry Earl of Rochford, One other of Our Principal Secretaries of State; Hugh Earl of Marchmont, William Earl of Dartmouth, One other of Our Principal Secretaries of State; George William Earl of Bristol, Wills Hill Earl of Hillsborough, George Viscount Townshend, Thomas Viscount Weymouth, and Our Right Trusty and Well-beloved Counsellor, William Lord Mansfield, Our Chief Justice assigned to hold Pleas before Us; or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words in Our Name as is requisite and hath been accustomed for the same, and also to enroll these Our Letters Patent and the said Acts in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and will that, after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things, to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.

Witness Ourself, at Westminster, the Twenty-eighth Day of May in the Thirteenth Year of Our Reign.

By the King Himself, signed with His own Hand.

Yorke.

Then the Lord Chancellor said,

In Obedience to His Majestys Commands, and by virtue of the Commission which has been now read, we do declare and notify to you the Lords Spiritual and Temporal, and Commons, in Parliament assembled, that His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words.

1. An Act to discourage the Practice of commencing frivolous and vexatious Suits in His Majestys Courts at Westminster, in Causes of Action arising within the Dominion of Wales; and for further regulating the Proceedings in the Courts of Great Sessions in Wales.

2. An Act for appointing Wardens and Assay-Masters for assaying Wrought Plate, in the Towns of Sheffield and Birmingham.

3. An Act to enable the Inhabitants of the Parish of Saint Matthew Bethnal Green, in the County of Middlesex, to pay Debts already contracted in finishing and furnishing their Workhouse, and on Account of the Poor of the said Parish, and for their further Relief.

4. An Act for amending and rendering more effectual Two Acts, made, One in the Eighth and the other in the Tenth Year of His present Majestys Reign, for regulating the Nightly Watch and Beadles; and for paving, repairing, cleansing, and lighting, the Parish of Saint Mary le Bone, in the County of Middlesex; and for other Purposes in the said Acts mentioned.

5. An Act for better regulating the Poor, and repairing the Highways, within the Town and County of the Town of Southampton.

6. An Act for building a Bridge over the River Towey, near Llandovery, in the County of Carmarthen; and for making the Fords near the said Town safe and commodious.

7. An Act for more effectually executing an Act, passed in the Twenty-seventh Year of King George the Second, for draining and preserving the Lands in the North Level, Part of Bedford Level; so far as relates to the Fourth District of the said North Level.

8. An Act for the more effectual draining and preserving certain Fen Lands and Low Grounds, in the Parish of Taxley, in the County of Huntingdon.

9. An Act to enlarge the Term and Powers of an Act, passed in the Sixth Year of His present Majestys Reign, intituled, An Act for repairing and widening the Road from the present Turnpike Road at Haverhill, to Redcross, in the Parish of Shelford, in the County of Cambridge.

10. An Act for more effectually amending several Roads leading from and near the Borough of Truro, in the County of Cornwall; and for building a Bridge over the River, at a Place called The Steppings, in or near the said Borough.

11. An Act for building a Bridge across the River Severn, near Redstone, in the County of Worcester; and for making proper Avenues and Roads to and from the same; and for making Satisfaction to the Proprietors of a Ferry across the said River at Redstone aforesaid.

12. An Act for enlarging the Term and Powers of Three Acts, passed in the First, Ninth, and Twenty-second Years of the Reign of His late Majesty King George the Second, for repairing and enlarging the Road leading from the House called The Sign of the Bells, in the Parish of Saint Margaret in Rochester, to Maidstone, and other Roads therein mentioned, in the County of Kent.

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

Le Roy le veult.

13. An Act for making a Partition and Division of certain Estates in the Parish of Ryton, in the County of Durham, between Sir Edward Blackett Baronet and Sir Walter Blackett Baronet, pursuant to an Agreement made between them.

14. An Act for the Division, Allotment, and, Appropriation, of several Messuages, Lands, and Hereditaments, in the several Counties of Leicester, Nottingham, and Lincoln, the Estates of Thomas Heron Esquire, whereof he is either Tenant for Life under different Settlements, or whereunto he is entitled, to him and his Heirs, in Fee-Simple.

15. An Act for vesting Part of the Settled Estate of Smith Child Gentleman, in the County of Stafford, in Trustees, to be sold, to raise Money to pay off the Incumbrances charged upon and affecting the same, and for other Purposes therein mentioned.

16. An Act for Sale of the Settled Estate of Henry Spelman Clerk, in the County of Norfolk, and for other Purposes therein mentioned.

17. An Act for Sale of certain Charity Estates therein mentioned, and to apply the Money to arise therefrom in the Building of a Town-Hall and Shambles in the Town of Newark upon Trent; and in the purchasing of Lands and Hereditaments for enlarging the Church Yard of the said Town; and for opening the Avenues thereto; and for laying out the Residue of the Money in purchasing other Lands, to be settled to the Charitable Uses therein mentioned.

18. An Act for establishing and rendering effectual certain Articles of Agreement enabling the several Fee-Farm and Customary Tenants within the Honour, Manor, and Lordship, of Hornby, and Manor of Tatham, in the County Palatine of Lancaster, to purchase the Timber Trees and Underwoods growing upon their respective Tenements; and for vesting the sole Property thereof in them respectively, and extinguishing the Customary Right of the other Tenants therein; and for releasing and extinguishing the Freehold, Fee-Farm, and Customary Rents, Boons, Fines, and other Services of Right due and accustomed, for the Tenements of such of the said Tenants who have executed the said Articles of Agreement, and of such who shall, within the Time limited by this Act, come in and purchase their Timber Trees, Woods, and Underwoods, Rents, Boons, Fines, and Franchisements, with such Exceptions and Reservations only as are in this Act mentioned.

19. An Act to empower the Reverend Ptolomy Humfrey Clerk, and the Reverend John Jephcot Clerk and Catherina Dorothea his Wife, to exchange a Messuage and certain Closes in Thorp Mandeville, in the County of Northampton, Part of the Glebe of the Rectory of Thorp Mandeville aforesaid, for a Messuage, Two small Cottages, and several Closes and Lands, in Thorp Mandeville aforesaid, Part of the Estate of Richard Jennings of Weston, in the County of Northampton, Esquire; and for the setting out, assigning, and appointing other Closes, Lands, or Grounds, of the said Richard Jennings in Thorp Mandeville aforesaid, in Lieu of Tythes; and for other the Purposes therein mentioned.

20. An Act for dividing and enclosing several Tracts or Parcels of Common and Waste Ground, called and known by the respective Names of Temple Sowerby Moor, The Down Moor, The Whinns, and Parsons Close, within the Parish of Kirkby Thore, in the County of Westmorland.

21. An Act for dividing and enclosing a certain Parcel of Common or Waste Land called Galey Common, lying within the Manor or Lordship of Galey, in the County of Stafford.

22. An Act for dividing and enclosing the Common and Waste Grounds, within the Manor or Township of Culgaithe, in the County of Cumberland.

23. An Act for dividing, allotting, and enclosing, the Common Fields, Common Meadows, and other Commonable Lands, in the Manor and Parish of Stanton Harcourt, in the County of Oxford.

24. An Act for dividing and enclosing the Commons and Waste Lands, within the Manor of Trysull and Session, in the Parish of Trysull, in the County of Stafford.

15. An Act for dividing and enclosing certain Open and Common Fields, Meadows, Ings, Moors, Common Pastures, and other Commonable Lands, within the Manors of Haltham cum Roughton, in the Townships of Haltham and Roughton, in the County of Lincoln.

26. An Act for dividing and enclosing certain Commons and Waste Lands, in the several Parishes of Round Acton, Morvil Barrow, Much Wenlock, and Astley Abbots, in the County of Salop.

27. An Act for dividing and enclosing the several Parcels of Fen and other Commonable Lands, within the Parish of Swineshead, in the County of Lincoln; and also a certain Plot of Land called Wigtoft Marsh, in and near to the said Parish of Swineshead.

28. An Act tor dividing and enclosing the Open and Common Fields and Commonable Lands, within the Manor and Parish of Horsington, in the County of Lincoln.

29. An Act to dissolve the Marriage of Philip Cade Esquire with Catharine Whitworth his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.

30. An Act for naturalizing William Billers, an Infant.

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

Soit fait comme il est desire.

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

West Willoughby Enclosure Bill.

Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields and Lands, Common Heath, and Waste Grounds, within the Township of West Willoughby, in the Manor of Sudbrooke, and Parish of Ancaster, in the County of Lincoln.

The Question was put, Whether this Bill, with the Amendments, shall pass?

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

Game in Scotland, Preservation of, Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for the more effectual Preservation of the Game, in that Part of Great Britain called Scotland; and for repealing and amending several of the Laws now in being relative thereto.

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 Tuesday the 8th Day of June next.

Moor Game, Preservation of, Bill.

Hodie 2a vice lecta est Billa, intituled, An Act to explain and amend the several Laws now in being, so far as the same relate to the Preservation of the Moor or Hill Game.

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 Tuesday the 8th Day of June next.

Madhouses, Regulation of, Bill.

The Order of the Day being read for the House to be in a Committee upon the Bill, intituled, An Act for regulating Private Madhouses; and for the Lords to be summoned.

Ordered, That the House be put into a Committee upon the said Bill on Thursday the 10th Day of June next; and that the Lords be summoned.

Rybot against Moses; in Error.

The Lord Mansfield, Lord Chief Justice of the Court of Kings Bench, in the usual Manner, delivered in at the Table a Writ of Error, wherein Francis Rybot is Plaintiff, and Jacob Moses Assignee of John Wilkes Esquire, and Frederick Bull Esquire, Sheriff of Middlesex, is Defendant.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, octavum diem Junii, jam prox. sequen. hora undecima Auror, Dominis sic decernentibus.

Footnotes