House of Lords Journal Volume 33: March 1771, 1-10

Die Veneris, 1^o Martii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

E. Pomfret et Ux. against Smith et al.

Counsel (according to Order) were called in to be heard in the Cause wherein George Earl of Pomfret, and Anna Maria Countess of Pomfret his Wife are Appellants, and Thomas Smith and others are Respondents; being an Appeal from Two Orders of the Court of Chancery:

And Mr. Justice Aston attending as Ordered, was heard to make his Report of what passed at the Trial of this Cause the last Summer Assizes for the County of York:

Which done, the Counsel were directed to withdraw.

Ordered, That the further hearing of the said Cause be adjourned till Tuesday next.

To restrain Persons divorce for Adultery, from marrying with the offending Party, Bill.

Ordered, That the Bill, intituled, An Act to restrain Persons who mall be divorced for the Crime of Adultery, from marrying or contracting Matrimony with the Party with whom they have been proved to have carried on such criminal Intercourse; and to declare the Issue of such Marriages incapable of inheriting, be printed.

Perrort et al. Leave for a Bill.

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

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting a Messuage called Highfield House, and divers Lands with the Appurtenances, in the County of Gloucester, the Settled Estates of Benjamin Jason Perrott Esquire, in Trustees, to be sold and conveyed as therein mentioned; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the like Uses.

Blake, Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Patrick Blake 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 exchange Lands between Patrick Blake Esquire, and Edward Burch, Rector of the Parish Church of Langham in Staffolk.

Message from H. C. to return Lord Dudes Name Bill, with an Amendment.

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

To return the Bill, intituled, An Act to enable the Right Honourable Thomas Lord Dude 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; and to acquaint this House, That they have agreed to the same with One Amendment; to which they desire their Lordships Concurrence.

The House proceeded to take the said Amendment into Consideration:

Which being read Three Times by the Clerk, was agreed to by the House:

And a Message was sent to the House of Commons, by Mr. Cuddon and Mr. Montague:

To acquaint them therewith.

Melton Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing certain Fields, Lands, and Waste Grounds, within the Township of Melton, in the Parish of Welton, in the East Riding of the County of York; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Grant against Gilchrist.

Upon reading the Petition and Appeal of Ludovick Grant, Accomptant in Edinburgh, now the acting Trustee for the Creditors of Adam and Thomas Fairholme, late Merchant in Edinburgh, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 17th of June and 11th of July 1769; of Two Interlocutors of the Lords of Session there, of the 8th of August and 13th of December 1770; and also of another Interlocutor of the Lord Ordinary of the 12th of February last; 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 William Gilchrist may be required to answer the said Appeal:

It is Ordered, That the said William Gilchrist may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Friday the 29th Day of this instant March; and Service of this Order upon the said Respondent, or upon his known Procurator or Agent in the said Court of Session in Scotland, mail be deemed good Service.

Fairfield Enclosure Bill.

The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the 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; 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.

Brickhill Enclosure Bill.

The Lord Sandys made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Lammas Grounds, and other Commonable Lands and Grounds, in the Parish of Great Brickhill, in the County of Bucks, was committed.

Saltby Enclosure Bill.

The Lord Sandys made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Heath and other Commonable Lands, in the Parish of Saltby, in the County of Leicester, was committed.

Sproxton Enclosure Bill.

The Lord Sandys made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Heath, and other Commonable Lands, in the Parish of Sproxton, in the County of Leicester was committed.

Rilston Enclosure Bill.

The Lord Sandys made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the several Stinted Pastures called the North Moor, Longhill, Bark, and Garforth Close, within the Township of Rilston in the West Riding of the County of York, was committed.

Knaresbrough, &c. Road Bill.

The Lord Sandys also reported from the Lords Committees, to whom the Bill, intituled, An Act to enlarge the Term and Powers of an Act made in the Twenty-fifth Year of His late Majesty, for repairing the Road from Knaresbrough, in the County of York, by Longflatt Lane, Gouldsbrough Fields, Flaxby, Allerton, Mauleverer, and Scale Moor, to Greenhamerton in the same County, and for making the same a High Carriage Road, 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;

Tadcaster, &c. Road Bill.

The Lord Sandys made the like report from the Lords Committees, to whom the Bill, intituled, An Act to enlarge the Term and Powers of ah Act made in the Twenty-sixth Year of His late Majesty, for repairing and widening the Road from the Town of Tadcaster, through Collingham, Harewood, Arthington, and Pool, to the Town of Otley, in the West Riding of the County of York, was committed.

Roverays Naturalization Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing John Peter du Roveray, John Daniel Noville, John Peter Eynard, and David Chollet.

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 with the Amendments, and desire their Concurrence thereto.

York to Boroughbridge Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enlarge the Term and Powers of an Act made in the Twenty-third Year of the Reign of His late Majesty,: for repairing the Road from the City of York, over Skipbridge to Boroughbridge, in the County of York.

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

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

E. Ferrers Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for more effectually vesting the Reversion in Fee Simple of and in divers Lands and Hereditaments, in the Counties of Derby, Leicester, Nottingham, and Stafford, in Washington Earl Ferrers and his Trustees, and for confirming Letters Patent granted thereof, and of certain other Lands and Hereditaments, in the County of Northampton, to the said Earl, in the Third Year of His present Majestys Reign; and for other Purposes therein mentioned.

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

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

Isdall against Fitzgerald. et al.

The House being moved, That a Day may be appointed for hearing the Cause wherein Oliver Isdall is Appellant, and Oliver Fitzgerald 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.

ONeill against Townshend et Ux.

The House being moved, That a Day may be appointed for hearing the Cause wherein John ONeill Esquire is Appellant, and the Reverend Richard Townshend Clerk et Ux. 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.

Dunkin and another against Noble.

The House being moved, That a Day may be appointed for hearing the Cause wherein William Dunkin and another are Appellants, and Mark Noble 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.

Suttons Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting certain Lands and Hereditaments, Part of the Real Estate of John Sutton Esquire, situate in the County of Lincoln, in Trust, to be sold for Payment of Eight thousand Pounds, the Portion of Isabella Sutton deceased; and for the other Purposes in the said Act 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 Monday the 18th Day of this instant March, at the usual Time and Place; and to adjourn as they please.

Mores Exemplification Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for exemplifying or enrolling the Will of Charles Macarthy More deceased, and making the same Evidence as well in Ireland as Great Britain.

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

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

Grundy to take the Name of Swinsen.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable Thomas Grundy and his Issue Male to take and use the Surname of Swinsen.

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.

Adjourn.

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

Die Lun, 4^o Martii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Macdonald against Macdonald, et e con.

The Answer of Colin Macdonald of Boisdale, to the Cross Appeal of Ranald Macdonald of Glanranald, was this Day brought in.

Sinclair and Sutherland against Fraser et Ux.

After hearing Counsel upon the Petition and Appeal of Archibald Sinclair Esquire, of the Parish of St. Catherine, in the County of Middlesex, in the Island of Jamaica, and William Sutherland Writer in Edinburgh, his Factor, complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 12th of December 1767, 8th and 28th of February 1768, and also of an Interlocutor of the Lords of Session there of the 14th of July 1768, adhering to and affirming the same; and praying, That the same might be reversed, or that the Appellants might have such Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of Jane the Wife of Alexander Fraser the Younger of Stricken Esquire, and the said Alexander Fraser, for his Interest, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors reversed, and Directions given.

It is Declared, by the Lords Spiritual and temporal in Parliament assembled, That the Judgement of the Supreme Court of Jamaica ought to be received as Evidence prima facie of the Debt; and that it lies upon the Defendant to impeach the Justice thereof, or to shew the same to have been irregularly or unduly obtained:

It is therefore Ordered and Adjudged, That the said several Interlocutors complained of in the said Appeal be, and the same are hereby reversed.

Blakes Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to exchange Lands in Langham, in the County of Suffolk, between Patrick Blake Esquire, and Edward Burch, Rector of the Parish Church of Langham aforesaid, within the Diocese of Norwich.

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

Their Lordships, or any Five of them, to meet on Tuesday the 19th Day of this instant March, 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 for Pitchford to take the Name of Cornish.

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

To return the Bill, intituled, An Act to enable Captain Samuel Pitchford, and the Heirs Male of his Body, to take and use the Surname and bear the Arms of Sir Samuel Cornish deceased, pursuant to his Will; and to acquaint this House, that they have agreed to the same without any Amendment:

Appleby Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open Fields, Commons, and Waste Grounds, lying in the Parish of Appleby in the Counties of Leicester and. Derby, to which they desire the Concurrence of this House.

Alveston Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Common Fields, Common Meadows, Common Wood Grounds, and Commonable Lands, in the Parish of Alveston in the County of Warwick; to which they desire the Concurrence of this House.

The said Two Bills were severally read the First Time.

The Kings Consent signified to 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 Common Fields, Common Meadows, Common Wood Grounds, and Commonable Lands, in the Parish of Alveston in the County of Warwick was pleased to consent (as far as His Majestys Interest is concerned) that their Lordships may proceed therein as they shall think fit.

Priestwood Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing Priestwood Common, in the Parishes of Mackworth, Kedleston, and Meynell Langley, or some of them, in the County of Derby; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

York to Boroughbridge Road Bill.

The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, An Act to enlarge the Term and Powers of an Act made in the Twenty-third Year of the Reign of His late Majesty, for repairing the Road from the City of York, over Skipbridge to Boroughbridge, in the County of York was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

E. Ferrers Estate Bill.

The Lord Sandys also reported from the Lords Committees, to whom the Bill, intituled, An Act for more effectually vesting the Reversion in Fee Simple of and in divers Lands and Hereditaments in the Counties of Derby, Leicester, Nottingham, and Stafford, in Washington Earl Ferrers and his Trustees; and for confirming Letters Patent granted thereof, and of certain other Lands and Hereditaments in the County of Northampton, to the said Earl, in the Third Year of His present Majestys Reign; and for other Purposes therein mentioned, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House without any Amendment.

Fairfield Enclosure Bill.

Hodie 3^a vice lecta est Bitta, intituled, An Act for dividing and enclosing the 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.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Great Buckhill Enclosure Bill:

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

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Knaresbrough, &c. Road Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to enlarge the Term and Powers of an Act made in the Twenty-fifth Year of His late Majesty, for repairing the Road from Knaresbrough in the County of York, by Longflatt Lane, Gouldsbrough Fields, Flaxby, Allerton, Mauleverer, and. Scate Moor, to Greenhamerton, in the same County, and for making the same a High Carriage Road.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Sproxton Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Heath, and other Commonable Lands, in the Parish of Sproxton, in the County of Leicester.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Rilston Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Stinted Pastures called The North Moor, Longhill, Bark, and Garforth Closs, within the Township of Rilston, in the West Riding of the County of York.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Saltby Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Heath, and other Commonable Lands, in the Parish of Saltby, in the County of Leicester.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Tadcaster, &c. Road Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to enlarge the Term and Powers of an Act made in the Twenty-sixth Year of His late Majesty, for repairing, and widening the Road from the Town of Tadcaster, through Collingham, Harewood, Arthington, and Pool, to the Town of Otley, in the West Riding of the County of York.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Seven preceding Bills.

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

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

Greenfield &c. Road, Bill.

A Message was brought from the House of Commons, by Sir Roger Moyston and others:

With a Bill, intituled, An Act for enlarging the Term and Powers granted by an Act of the Ninth Year of His present Majestys Reign, for repairing the Road from the Turnpike Gate in the Township of Greenfield to the North Limits of the Township of Mostyn, and from Mostyn to Henllan, and from Llanerch y Mor to Pen y Fordd Waen, in the Counties of Flint and Denbigh; and for extending the said Act to several other Roads in the said Counties and the County of Carnarvon; and for taking several Roads within the said Counties out of the Power of the Trustees appointed by Two several Acts of Parliament of the Twenty-ninth and Thirtieth Years of His late Majesty, and for putting the said Roads under the Direction of the Trustees appointed by the said former and this present Act; to which they desire the Concurrence of this House.

Southwark Sewers Bill.

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

With a Bill, intituled, An Act to explain and amend so much of an Act of the Sixth Year of His present Majesty, for paving, the Town and Borough of Southwark in the County of Surrey, as relates to the Commissioners of Sewers, and for regulating the Manner of taxing Churches and other Publick Buildings within the Limits of the said Act; to which they desire the Concurrence of this House.

The said Two Bills were severally read the First Time.

E. Carlisle, Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable Frederick Earl of Carlisle; 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 empower certain Persons to enfranchise several Customary Lands and Hereditaments, Parcel of the several Manors of Brampton Farlam, Upper Denton, Nether Denton, Talkin, Irthington, Laversdale, Newby, Askerton, Walton Wood, Troddermain, Hayton cum Whitton, Carlatton, Castle Carrock, Cumrew, Brackenthwaite, and New Biggin, within the Barony or reputed Barony of Gilsland in the County of Cumberland, late the Estate of Henry Earl of Carlisle deceased, and settled to certain Uses by the Will of the said Henry Earl of Carlisle; and for other Purposes therein mentioned.

Bullock, Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Joseph Bullock 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 for Veiling certain Freehold and Leasehold Mills, Lands, and Tenements, comprised in the Marriage Settlement of Joseph Bullock Esquire, in Trustees, to convey and assign the same respectively, pursuant to an Agreement for the Sale thereof, and for laying out the Money arising by such Sale, in the Purchase of other Lands and Hereditaments, to be settled to the same Uses as are mentioned in the said Settlement.

Blood against Butler.

Upon reading the Petition and Appeal of Neptune Blood, of the City of Limerick in the Kingdom of Ireland, complaining of a Decretal Order of the Court of Exchequer in Ireland of the 12th Day of November 1770, but which was not signed and entered till the 25th Day of January last; and praying, That the same may be reversed, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Henry Butler Esquire may be required to answer the said Appeal:

It is Ordered, That the said Henry Butler may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Monday the 8th Day of April next; and Service of this Order upon the Attorney, Agent, or Clerk in Court of the said Respondent in the said Court of Exchequer in Ireland, mall be deemed good Service.

Innes against Gibson and Balfour.

Upon reading the Petition and Appeal of William Innes Merchant in London, complaining of Two Interlocutors of the Lord Ordinary in Scotland of the 10th of August and 21st of December 1770, and also of an Interlocutor of the Lords of Session there of the 14th of February last; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Messieurs Gibson and Balfour may be required to answer the said Appeal:

It is Ordered, That the said Messieurs Gibson and Balfour may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereto, in Writing, on or before Monday the 1st Day of April next; and Service of this Order upon the said Respondents, or upon their known Procurator or Agent in the said Court of Session in Scotland, shall be deemed good Service.

Dunbar against Lemet Ux.

The House being moved, That a Day may be appointed for hearing the Cause, wherein John Dunbar Merchant is Appellant, and William Lem et Ux. 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.

Macdonald against Macdonald, et e con.

The House being moved, That a Day may be appointed for hearing the Cause, wherein Colin Macdonald of Boisdale is Appellant, and Ranald Macdonald 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.

Angelsea Claim of Peerage.

The House was adjourned during Pleasure, and put into a Committee of Privileges upon the Anglesea Claim of Peerage.

After some Time the House was resumed.

Aston Subedge Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing certain Common Fields, Common Meadows, and Commonable Waste Grounds, within the Manor and Parish of Aston Subedge, in the County of Gloucester,; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

To restrain, Persons divorced from marrying with the offending Party, Bill.

Ordered, That the Bill, intituled, An Act to restrain Persons who shall be divorced for the Crime of Adultery, from marrying or contracting Matrimony with the Party with whom they have been proved to have carried on such criminal Intercourse, and to declare the Issue of such Marriages incapable of inheriting, be read a Second Time on Thursday next; and that the Lords be summoned.

Adjourn.

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

Die Martis, 5^o Martii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Wright, against Ure et al.

The Answer of John Ure of Shirgarton Esquire, and others, to the Appeal of Thomas Wright of Easter Glens Esquire, was this Day brought in:

Innes against Gibson and Balfour.

As was also the Answer of Messieurs Gibson and Balfour Merchants in Edinburgh, to the Appeal of William Innes.

E. Pomfret et Ux. against Smith et al.

Counsel (according to Order) were called in to be further heard in the Cause wherein George Earl of Pomfret and Anna Maria Countess of Pomfret his Wife are Appellants, and Thomas Smith and others are Respondents:

And Mr. Solicitor General and Mr. Perryn, having been heard for the Respondents:

And Mr. Dunning having been heard to reply:

The Counsel were directed to withdraw:

Proposed to reverse the Orders complained of:

Which being objected to:

After long Debate;

The Question was put thereupon:

It was resolved in the Affirmative:

Whereupon the following Order and Judgement was made:

Orders reversed, and Directions given.

After hearing Counsel as well on Friday last as this Day, upon the Petition and Appeal of George Earl of Pomfret and Anna Maria Countess of Pomfret his Wife, complaining of Two Orders of the Court of Chancery of the 23d Day of November and 4th of December 1770; and praying, That the same might be set aside, and that the Appellants might have a new Trial; as also upon the Answer of Thomas Smith, Leonard Hartley, John Parke, and Ralph Parke, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

It is Ordered and adjudged by the Lords Spiritual and Temporal in Parliament assembled, That the Two Orders of the Court of Chancery of the 23d of November 1770, and the 4th of December following, complained of in the said Appeal, be, and the same are hereby reversed:

And it is hereby Ordered, That the Order of the said Court of Chancery of the 2d of December 1769, so far as relates to the Injunctions thereby awarded, and to the paying of the Duty or Shares reserved into the Bank, be revived; and that the Appellants be at Liberty to bring such Action as they shall be advised, in order to try the Question of Right between the Parties at the Bar of the Court of Common Pleas, by a Special Jury for the County of York, at such Time as that Court shall appoint: And it is hereby further Ordered, That the said Court of Chancery do give all necessary and proper Directions for carrying this Judgement into Execution, and that any of the Parties be at Liberty to apply to the said Court as there shall be Occasion.

Mores Exemplification Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for exemplifying or enrolling the Will of Charles Macarthy More deceased, and making the same Evidence as well in Ireland as Great Britain 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.

Marquis of Carnarvons Estate Bill.

The Earl of Abercorn reported from the Lords Committees, to whom the Bill, 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 Carnarvon, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made One Amendment thereto:

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

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

Liverpoole Playhouse Bill.

The Earl of Sandwich reported from the Lords Committees, to whom the Bill, intituled, An Act to enable His Majesty to license a Playhouse in the Town of Liverpoole in the County Palatine of Lancaster was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Grundy to take the Name of Swinsen, Bill.

The Earl of Sandwich made the like Report from the Lords Committees, to whom the Bill, intituled, An Act to enable Thomas Grundy, and his Issue Male, to take and use the Surname of Swinsen, was committed.

Aston Subedge Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Common Fields, Common Meadows, and Commonable Waste Grounds, within the Manor and Parish of Aston Subedge, in the County of Gloucester.

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.

Goring et al. Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Charles Goring Esquire, and others; praying Leave to bring iri a Private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for confirming a Conveyance to Henry Flitcroft Esquire, of certain Estates in the County of York, Purchased by the Trustees in the Marriage Settlement of Charles Goring Esquire and Fanny his Wife, and for confirming a Conveyance made by the said Henry Flitcroft to the Use of the same Trustees, of other Estates in lieu thereof in the County ,of Surry.

Innes against Gibson and Balfour.

The House being moved, That a Day may be appointed for hearing the Cause wherein William Innes Merchant is Appellant, and Messieurs Gibson and Balfour 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.

Wright against Ure et al.

The House being moved, That a Day may be appointed for hearing the Cause wherein Thomas Wright Esquire is Appellant, and John Ure 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.

Urquhart to enter into Recognizance on Grants Appeal.

The House being moved, That George Urquhart Gentleman, may be permitted to enter into a Recognizance for Ludovick Grant, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said George Urquhart Gentleman, may enter into a Recognizance for the said Appellant as desired.

York to Boroughbridge Road Bill.

Hodie 3^a vice letca est Billa, intituled, An Act to enlarge the Term and Powers of an Act made in the Twenty-third Year of the Reign of His late Majesty, for repairing the Road from the City of York, over Skipbridge to Boroughbridge, in the County of York.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

E. Ferrers Estate Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for more effectually vesting the Reversion in Fee Simple of and in divers Lands and Hereditaments, in the Counties of Derby, Leicester, Nottingham, and Stafford, in Washington Earl Ferrers and his Trustees, and for confirming Letters Patent granted thereof, and of certain other Lands and Hereditaments in the County of Northampton, to the said Earl, in the Third Year of His present Majestys Reign, and for other Purposes therein mentioned.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to H. C. that the Lords have greed to the Two preceding Bills.

A Menage was sent to the House of Commons, by Mr. Holford and Mr. Cuddon:

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

Collingham Road Bill.

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

With a Bill, intituled, An Act for repairing and widening the Road from Collingham, through Wetherby, to the City of York; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return the Bp. of Herefords Estate Bill.

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

To return the Bill intituled, An Act to enable the Bishop of Hereford to exchange certain Lands and Premises in the County of Hereford; and to acquaint this House, that they have agreed to the same without any Amendment.

Mercers Company Accounts delivered.

The House being informed, That Mr. Cawne from the Mercers Company attended:

He was called in, and delivered at the Bar, pursuant to Acts of Parliament,

The Accounts of the Wardens and Commonalty of the Mystery of Mercers of the City of London, from the 10th of October 1769 to the 10th October 1770, directed to belaid before each House of Parliament by Two Acts, One of the 21st Year of the Reign of his late Majesty King George the Second, intituled, An Act for the Relief of the Annuitants of the Wardens and Commonalty of the Mystery of Mercers of the City of London; and the other, of the . 4th Year of the Reign of His present Majesty King George the Third, intituled, An Act for the Relief of the Bond and other Creditors of the Wardens and Commonalty of the Mystery of Mercers of the City of London.

And then he withdrew:

And the Titles thereof being read by the Clerk:

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

Anglesea Claim of Peerage.

The House was adjourned, during Pleasure, and put into a Committee of Privileges upon the Anglesea Claim of Peerage.

After some Time the House was resumed.

E. Stanhopes Estate, Bill, Motion to dispense with Standing Order.

The House being moved, That the Standing Order of this House, N^o 126. concerning Bills for selling Lands in One Place, and buying Lands in another Place, to be settled in lieu thereof, may be so far dispensed with, as that the Committee, to whom the Bill, 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, stands committed; may proceed on the said Bill, notwithstanding the said Order should not be complied with.

It is Ordered, That the said Motion be taken into Consideration To-morrow, and the Lords summoned.

Adjourn.

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

Die 17^o Maii 1786.

Hitherto examined by us,

Moray.

John Bangor.

Scarsdale.

Die Mercurii, 6^o Martii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Dunkins against Noble.

The Answer of the Reverend Mark Noble Clerk, to the Appeal of William Dunkin and James Dunkin Esquires, was this Day brought in.

Message from. H. C. to return the Bp. of Durhams Estate Bill.

A Message was brought from the House of Commons, by General Lambton and others:

To return 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; and to acquaint this House, that they have agreed to the same without any Amendment.

and Essingtons Bill.

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

To return 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; and to acquaint this House, that they have agreed to the same without any Amendment.

and Sir Francis Blake Delavals Estate Bill.

A Message was brought from the House of Commons, by Mr; Gilbert and others:

To return 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; and to acquaint this House, that they have agreed to the same without any Amendment.

Report of Committee on Mr. Strutt the Clerk Assistants Petition.

The Earl of Abercorn reported from the Lords Committees appointed to consider of the Petition of Samuel Strutt, Clerk Assistant in this House, praying, Their Lordships, for the Reasons therein mentioned, to take his Case into Consideration, and to make such Order thereon for his Relief as to the House in their great Wisdom shall seem Just: That the Committee had met and considered the Matter to them referred, and had come to the following Resolution; (Videlicet,)

That an humble Address be presented to His Majesty, to desire that His Majesty would be graciously pleased, whenever Mr. Samuel Strutt the present Clerk Assistant in this House shall be removed from his said Office by the Admission of Mr. William Cowper to the said Office by this House, to confer some Mark of His Majestys Royal Grace and Bounty upon the said Samuel Strutt for his great Pains and Diligence for Eighteen Years and upwards in this House and in the Parliament Office:

Which Report being read by the Clerk, was agreed to by the House:

And the House was moved pursuant thereto:

Address to His Majesty thereupon.

Whereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, to desire that His Majesty would be graciously pleased, whenever Mr. Samuel Strutt the present Clerk Assistant in this House shall be removed from his said Office by the Admission of Mr. William Cowper to the said Office by this House, to confer some Mark of His Majestys Royal Grace and Bounty upon the said Samuel Strutt for his great Pains and Diligence for Eighteen Years and upwards in this House and in the Parliament Office.

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

Alveston Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common Fields, Common Meadows, Common Wood Grounds, and Commonable Lands, in the Parish of Alveston in the County of Warwick.

Ordered,, That the said Bill be committed to.thei 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.

Ross against Ross.

Ordered, That the Cause wherein Elizabeth Ross and Hugh Ross Esquire, her Husband, are Appellants, and David Ross is Respondent, which stands appointed for this Day, be put off to this Day Sevennight.

Andre et al. against Crauford.

Ordered, That the Cause, wherein John Lewis Andre and others are Appellants, and Alexander Crauford Esquire is Respondent, which stands appointed for To-morrow, be put off till To-morrow Sevennight.

E. Stanhopes Estate Bill; Standing Order dispensed with.

The Order of the Day being read for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order, N^o 126, so far as that the Committee, to whom the Bill, 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, stands committed, may proceed upon the said Bill, notwithstanding the said Order should not be complied with.

And Consideration being had thereof:

Ordered, That the said Standing Order be dispensed with in this Case.

Grundy to take the Name of Swinsen, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to enable Thomas Grundy and his Issue Male to take and use the Surname of Swinsen.

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. Harris:

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

Marquis of Carnarvons Estate Bill:

Hodie 3^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 Carnarvon.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Mores Exemplification Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for exemplifying or enrolling the Will of Charles Macarthy More deceased, and making the same Evidence as well in Ireland as Great Britain.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

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

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

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

Adjourn.

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

Die Jovis, 7^o Martii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Smyth, Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of George Smyth the Elder and George Smyth the Younger, Esquires; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for confirming a Deed of Trust, dated the Thirty-first of December One thousand seven hundred and seventy, and for the more effectual enabling the Trustees to raise the Sum of Nine thousand Pounds for the Purposes therein mentioned, by Mortgage or Sale of the Freehold Estate of George Smyth the Elder and George Smyth the Younger, Esquires, situate in the County of Gloucester, or of a competent Part thereof.

Message from H. C. to return the Bill for Mackenzie and Graviers to take the Name of Godfrey.

A Message was Drought from the House by Commons, by Sir John Molesworth and others:

To return 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; and to acquaint this House, that they have agreed to the same without any Amendment.

and Lady Midletons Estate Bill.

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

To return the Bill, intituled, An Act for explaining and amending an Act, intituled, An Act for vetting 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 Contacts 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; and to acquaint this House, that they have agreed to the same without any Amendment.

Reading, &c. Road Bill.

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

With a Bill, intituled, An Act to continue and render more effectual several Acts, for repairing the Highways between the Bear Inn in Reading, and Puntfield, in the County of Berks, and other Roads in the said Acts mentioned, and for repairing several other Roads in this Act mentioned; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Froggatt et Ux. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Thomas Froggatt Gentleman, and Hannah his Wife; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting the Manor of Astley, and certain Messuages, Lands, Tenements, and Hereditaments, in Astley, Tyldesley, and Bedford, in the County of Lancaster, comprized in the Marriage Articles of Thomas Froggatt and Hannah his Wife in Trustees, to the several Isses, upon the Trusts, and subject to the Powers, Provisoes, and Restrictions therein mentioned.

Sir John Shelley, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Sir John Shelley Baronet, and the Right Honourable John Shelley his only Son; 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 Sale of Part of the settled Estates of Sir John Shelley Baronet, and of the Right Honourable John Shelley his Son, in the several Counties of Kent and Wilts; and also of a Farm called Kingsham Farm, in the Parish of Saint Pancras in the County of Sussex; and for applying the Monies to arise by such Sale in Discharge of the Portions of the Daughters of the said Sir John Shelley affecting the Estates of him and his said Son, and for other Purposes.

Corsellis and others, Leave for a Bill.

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

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting Part of the Estate late of Nicholas Corsellis Esquire, deceased, at Wivenhoe and Elmsted in the County of Essex, in Trustees, to be sold for raising Money to discharge Incumbrances.

Bullocks Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting certain Freehold and Leasehold Mills, Lands, and Tenements, comprized in the Marriage Settlement of Joseph Bullock Esquire in Trustees, to convey and assign the same respectively pursuant to an Agreement for the Sale thereof, and for laying out the Money arising by such Sale, in the Purchase of other Lands and Hereditaments, to be settled to the same Uses as are mentioned in the said Settlement.

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

Their Lordships, or any Five of them, to meet on Friday the 22d Day of this instant March, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Southwark Sewers Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to explain and amend so much of an Act of the Sixth Year of His present Majesty, for paving the Town and Borough of Southwark in the County of Surrey, as relates to the Commissioners of Sewers, and for regulating the Manner of taxing Churches and other Public Buildings within the Limits of the said Act.

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

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

Melton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Fields, Lands, and Waste Grounds, within the Township of Melton, in the Parish of Welton, in the East Riding of the County of York.

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

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

Appleby Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Fields, Commons, and Waste Grounds, lying in the Parish of Appleby, in the Counties of Leicester and Derby.

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

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

Collingham and York Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for repairing and widening the Road from Collingham through Wetherby, to the City of York.

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

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

Flint and Denbigh, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for enlarging the Term and Powers granted by an Act of the Ninth Year of His present Majestys Reign, for repairing the Road from the Turnpike Gate in the Township of Greenfield, to the North Limits of the Township of Mostyn, and from Mostyn to Henllan, and from Llanerch y Mor to Pen y ffordd Waen, in the Counties of Flint and Denbigh; and for extending the said Act to several other Roads in the said Counties and the County of Carnarvon; and for taking several Roads within the said Counties out of the Power of the Trustees appointed by Two several Acts of Parliament of the Twenty-ninth and Thirtieth Years of His late Majesty, and for putting the said Roads under the Direction of the Trustees appointed by the said former and this present Act.

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.

Myton Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing a certain Common Pasture called Myton Carr, in the Lordship of Myton, in the Parish of the Holy Trinity, in the Town and County of the Town of Kingston upon Hull; to which they desire the Concurrence of this House.

Monyash Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Commons and Waste Grounds, within the Manor of Monyash, in the Parish of Bakewell, in the County of Derby,; to which they desire the Concurrence of this House.

Horsham, &c. Road Bill.

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

With a Bill, intituled, An Act for repairing and widening the Road from Hodges to Beadles Hill, and from thence to the Town of Cuckfield, and from Beadles Hill aforesaid to the Town of Lindfield, and from the Turnpike Road between Cuckfield and Crawley to the Town of Horsham; and also the Road from Swingate in the Parish of Burwash, to Shover Green in the Parish of Ticehurst, all in the County of Sussex; to which they desire the Concurrence of this House.

The said Three Bills were severally read the First Time.

To restrain Persons divorced from marrying with the offending Party, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, An Act to restrain Persons who shall be divorced for the Crime of Adultery, from marrying or contracting Matrimony with the Party with whom they have been proved to have carried on such criminal Intercourse, and to declare the Issue of such Marriages incapable of inheriting; and for the Lords to be summoned:

The said Bill was accordingly read the Second Time.

Proposed to commit the Bill:

Which being objected to:

After short Debate;

The Question was put thereupon:

It was resolved in the Affirmative.

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

Liverpoole Playhouse Bill.

Moved, 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 the Third Time.

The said Bill was accordingly read the Third Time.

After Debate;

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 it.

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

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

The Kings Answer to Address touching Mr. Strutt the Clerk Assistant.

The Lord Chamberlain reported, That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House of Yesterday, relating to Mr. Strutt, the present Clerk Assistant; and that His Majesty was pleased to say, That in a proper Time His Majesty would give Directions accordingly.

Cusack et Ux. against Gilbert et al. Pleadings proved.

The House being informed, That Patrick Duignon and Ignatius Cusack attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause wherein James Cusack et Ux. are Appellants, and Robert Gilbert and others are Respondents:

They were called in, and delivered the same at the Bar, and attested, upon Oath, They were true Copies, they having examined them with the Originals in the proper Offices in Ireland.

And then they withdrew.

Adjourn.

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

Die Veneris, 8^o Martii 1771.

REX.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The House was adjourned during Pleasure to robe The House was resumed.

King present.

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

Who being come, with their Speaker;

The Deputy Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow:

Bills passed.

1. 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.

2. 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..

3. 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.

4. An Act for the better paying 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.

5. An Act for better paying 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.

6. 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.

7. 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.

8. An Act for the better regulating the Poor within the City of Oxford.

9. An Act to enable His Majesty to license a Playhouse in the Town of Liverpoole in the County Palatine of Lancaster.

10. 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.

11. An Act 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.

12. An Act to continue and render more effectual an Act made in the Seventeenth Year of the Reign of His late Majesty, for repairing the Road from the End of Middleton Tyas Lane to Greetabridge, and from thence to Bowes, in the North Riding of the County of York.

13. An Act to enlarge the Term and Powers of an Act made in the Twenty-fifth Year of his late Majesty, for repairing the Road from Knaresbrough in the County of York, by Longflatt Lane, Gouldsbrough Fields, Flaxby, Allerton, Mauleverer, and Scate Moor, to Greenhamerton, in the same County, and for making the same a High Carriage Road.

14. An Act to enlarge the Term and Powers of an Act made in the Twenty-sixth Year of His late Majesty, for repairing and widening the Road from the Town of Tadcaster through Collingham, Harewood, Arthington, and Pool, to the Town of Otley in the West Riding of the County of York.

15. An Act to enlarge the Term and Powers of an Act made in the Twenty-third Year of the Reign of His late Majesty, for repairing the Road from the City of York over Skipbridge, to Boroughbridge, in the County of York.

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

Le Roy le veult.

16. An Act for more effectually vesting the Reversion in Fee Simple of and in divers Lands and Hereditaments in the Counties of Derby, Leicester, Nottingham, and Stafford, in Washington Earl Ferrers and his Trustees, and for confirming Letters Patent granted thereof, and of certain other Lands and Hereditaments in the County of Northampton, to the said Earl, in the Third Year of His present Majestys Reign, and for other Purposes therein mentioned.

17. 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.

18. An Act to enable the Bishop of Hereford to exchange certain Lands and Premises in the County of Hereford.

19. 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.

20. 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.

21. An Act for effectuating a Conveyance of the Real Estates late of John Essington Esquire deceased, to the Purchases thereof, under a Decree or Order of the High Court of Chancery.

22. An Act for dividing and enclosing the Open and Common Fields within the Township and Liberties of Aylesbury in the County of Bucks.

23. 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.

24; An Act for dividing and enclosing the Open Fields and Common Pastures in the Parish of Kirkby Mallory in the County of Leicester.

25. An Act for dividing, allotting, and enclosing the Open Fields and Commonable Places in Keyham in the Parish of Rothley and County of Leicester.

26. 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.

27. An Act for dividing and enclosing Barniker Moor, within the Manor of Nether Wyersdale in the County Palatine of Lancaster.

28. An Act for dividing and enclosing the 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.

29. An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Lammas Grounds, and other Commonable Lands and Grounds in the Parish of Great Brickbill in the County of Bucks.

30. An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Heath, and other Commonable Lands, in the Parish of Sproxton in the County of Leicester.

31. An Act for dividing and enclosing the several Stinted Pastures called the North Moor, Longhill Barky and Garforth Close, within the Township of Rilston in the West Riding of the County of York.

32. An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Heath, find other Commonable Lands in the Parish of Saltby in the County of Leicester.

33. 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.

34. An Act to enable Captain Samuel Pitchford, and the Heirs Male of his Body, to take and use the Surname and bear the Arms of Sir Samuel Cornish, deceased, pursuant to his Will.

35. An Act to enable Thomas Grundy, and his Issue Male, to take and use the Surname of Swinsen.

36. 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.

37. 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.

38. An Act to dissolve the Marriage of Henry Knight Esquire, with Catharine Lynch his now Wife, and to enable hini to marry again, and for other; Purposes therein mentioned.

39. An Act for naturalising Henry Renner.

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

Soit fait comme il est desire.

Then His Majesty was pleased to retire;

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed;

ONeill against Townsend et Ux.

The Answer of the Reverend Richard Townsend Clerk, and Susannah his Wife, and others, to the Appeal of John ONeill Esquire, was this Day brought in.

Charteriss Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, 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; 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.

Alveston 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 Common Fields, Common Meadows, Common Wood Grounds, and Commonable Lands, in the Parish of Alveston in the County of Warwick, was committed.

Edgehill, &c. Road Bill.

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

With a Bill, intituled, An Act to continue and render more effectual Three Acts made in the Twelfth Year of King George the First, and in the Eighteenth and Thirty-first Years of His late Majesty, for repairing the Roads from Birmingham, through Warwick, to Warmington, and from Birmingham, through Stratford upon Avon, to Edgehill in the County of Warwick, so fer as the same relate to the Road from Birmingham, through Stratford upon Avon to Stratford Bridge in the said County; to which they desire the Concurrence of this House.

To restrain Persons divorced from marrying with the offending Party, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to restrain Persons who mail be divorced for the Crime of Adultery, from marrying or contracting Matrimony with the Party with whom they have been proved to have carried on such criminal Intercourse, and to declare the Issue of such Marriages incapable of inheriting.

After some Time the House was resumed:

And the Lord Viscount Wentworth reported from the Committee, That they had been in Consideration of the said Bill, and had made some Progress therein, and had directed him to desire that another Time may be appointed for the House to be in a Committee again to consider further of the said Bill.

Ordered, That the House be put into a Committee to consider further of the said Bill on Tuesday next.

East Garston Enclosure Bill.

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

With a Bill, intituled, An Act for dividing, and allotting the Common Fields, Downs, and all other the Commonable Lands and Waste Grounds, in the Manor and Parish of East Garston in the County of Berks; to which they desire the Concurrence of this House.

Message from H. C. to return Roverays et al. Naturalization Bill.

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

To return the Bill, intituled, An Act for naturalizing John Peter du Roveray, John Daniel Neville, John Peter Eynard, and David Chollet; and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Scalby Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and unenclosed Fields, Lands, Commons, and Wastes, within the Manor of Scalby in the North Riding of the County of York, and also a certain Common called Throxenby Moor, otherwise Newby Moor, within the same Riding; to which they desire the Concurrence of this House.

Stoke Ferry, &c. Drainage Bill.

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

With a Bill, intituled, An Act for draining and preserving certain Fen Lands and Low Grounds in the Parishes of Stoke Ferry, Northwold, Wretton, Wereham, West Dereham, and Raxham, in the County of Norfolk; to which they desire the Concurrence of this House.

Complaint of Paragraphs in the Morning Chronicle.

Complaint was made to the House, of Paragraphs in a printed Newspaper, intituled, The Morning Chronical and London Advertiser, Friday 8th March 1771, containing a false and scandalous Misrepresentation of the Proceedings of this House.

Then Thomas Hickson was called in; and being sworn, acquainted the House, That he bought the said Newspaper at the Shop of P. Shatwell, opposite Durham Yard in the Strand. Being asked, If he knew the said P. Shatwell? said, He did not; but knows that the Shop where he bought the said Paper is the Shop of the said P. Shatwell.

He is directed to withdraw.

The said Paragraphs were read by the Clerk:

Then it was moved, That the said P. Shatwell do attend this House on Tuesday next.

Which being objected to:

After short Debate;

The Question was put thereupon.

It was resolved in the Affirmative.

Shatwell do attend.

Ordered, That the said P. Shatwell do attend this House on Tuesday next.

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

Adjourn.

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