House of Lords Journal Volume 34: February 1774, 21-28

Die Lun, 21^o Februarii 1774.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Pope against Rogers et al.

The Answer John Rogers and others, to the Appeal of Thomas Pope, was this Day brought in:

Morgans against Jones et Ux.

As was also, the joint and several Answer of William Jones Esquire, and Elizabeth his Wife, to the Cross Appeal of Charles Morgan Esquire and John Morgan Esquire.

Donaldsons against Beckett et al.

The Order of the Day being read for resuming the adjourned Consideration of the Cause wherein Alexander Donaldson and John Donaldson are Appellants, and Thomas Beckett and others are Respondents; and for the Rest of the Judges to deliver their Opinions upon the several Questions put to them.

Judges Opinions delivered:

The Lord Chief Baron of the Court of Exchequer was heard upon the said Questions; and,

1. Upon the First Question delivered his Opinion, That, at Common Law, an Author of any Book or Literary Composition had the Sole Right of first printing and publishing the same for Sale, and might bring an Action against any Person who printed, published, and sold the same, without his Consent: And gave his Reasons.

2. Upon the Second Question delivered his Opinion, That the Law did not take away his Right upon his printing and publishing such Book or literary Composition; and that no Person might Afterward reprint and sell, for his own Benefit, such Book or Literary Composition against the Will of the Author: And gave his Reasons.

3. Upon the Third Question delivered his Opinion, That such Action at Common Law is not taken away by the Statute of 8th Anne; and that an Author, by the said Statute, is not precluded from every Remedy except on the Foundation of the said Statute, and on the Terms and Conditions prescribed thereby: And gave his Reasons.

4. Upon the Fourth Question delivered his Opinion, That the Author of any Literary Composition, and his Assigns, had the Sole Right of printing and publishing the same in Perpetuity, by the Common Law: And gave his Reasons.

5. Upon the Fifth Question delivered his Opinion, That this Right is not any Way impeached, restrained, or taken away, by the Statute 8th Anne: And gave his Reasons.

Then the Lord Chief Justice of the Court of Common Pleas was heard upon the said Questions; and,

1. Upon the First Queston delivered his Opinion, That, at Common Law, an Author of any Book or Literary Composition had the Sole Right of first printing and publishing the same for Sale, and might bring, an Action against any Person who printed, published, and sold the same, without his Consent: And gave his Reasons.

2. Upon the Second Question delivered his Opinion, That the Law did take away his Right upon his printing and publishing such Book or Literary Composition; and that any Person might Afterward reprint and sell, for his own Benefit, such Book or Literary Composition against the Will of the Author: And gave his Reasons.

3. Upon the Third Question delivered his Opinion That such Action at Common Law is taken away by the Statute of 8th Anne; and that an Author, by the said Statute, is precluded from every Remedy except on the Foundation of the said Statute, and on the Terms and Conditions prescribed thereby: And gave his Reasons.

4. Upon the Fourth Question delivered his Opinion, That the Author of any Literary Composition, and his Assigns, had not the Sole Right of printing and publishing the same in Perpetuity, by the Common Law: And gave his Reasons.

5. Upon the Fifth Question delivered his Opinion, That this Right is impeached, restrained, and taken away, by the Statute 8th Anne: And gave his Reasons.

Ordered, That the further Consideration of the said Cause be adjourned till Tomorrow.

Keck to take the Name of Tracy, Bill.

The Lord Boston (pursuant to an Order of Leave of the 8th of this Instant February) presented to the House a Bill, intituled, An Act to enable Henrietta Charlotte Keck Spinster, and her Issue, to take, use, and bear, the Surname and Arms of Tracy, pursuant to the Will of Robert Tracy Esquire deceased.

The said Bill was read the First Time.

Severn Stoke 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 the Common Meadows, Commons, and Waste Lands, within the Manor and Parish of Severn Stoke, in the County of Worcester; to which they desire the Concurrence of this House.

Marine Mutiny Bill.

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

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

Yzendoorns Nat. Bill.

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

With a Bill, intituled, An Act for naturalizing Peter Van Yzendoorn; to which they desire the Concurrence of this House.

Swinton Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open Fields, Common Pastures, and other uninclosed Grounds, within the Manor and Township of Swinton in the Parish of Appleton in the Street, in the North Riding of the County of York; to which they desire the Concurrence of this House.

The said Four Bills were, severally, read the first Time.

African Company Papers, delivered.

The House being informed, That Mr. Jackson from the Admiralty Office attended:

He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament of the 23d Year of King George the Second,

Copies of Reports made by Captain Collingwood of the Rainbow, to the Commissioners for executing the Office of Lord High Admiral of Great Britain, of the State and Condition of the Forts and Settlements on the Coast of Africa, in Possession of the Company of Merchants trading to that Place; together with a Schedule of the said Reports.

N^o 1. State and Condition of Annamaboe Fort, February 1773.

2. State and Condition of His Majestys Forts at Accra and Prampram, 29th February 1773.

3. State and Condition of Appolonia Fort, 14th February 1773.

4. State and Condition of Cape Coast Castle, February 1773.

5. State and Condition of Commenda Fort, 18th February 1773.

6. State and Condition of Dixcove Fort, 17th February 1773.

7. State and Condition of Succondee Fort, 17th February 1773.

8. State and Condition of Tantumquerry Fort, February 1773.

9. State and Condition of Winnebah Fort, February 1773.

And then he withdrew.

And the Titles thereof, being read by the Clerk:

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

Dean and Chapter of Canterbury et al. Petition referred to Judges.

Upon reading the Petition of the Dean and Chapter of the Cathedral and Metropolitical Church of Christ, Canterbury, and of Henry Penton Esquire, and Thomas Brandon Gardener; praying Leave to bring in a Bill to enable the Petitioners to grant Building Leases, pursuant to Two several Agreements entered into for that Purpose:

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

Sir John Ramsden to make a Navigable Canal, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for enabling Sir John Ramsden Baronet, to make and maintain a navigable Canal, from the River Colder (between a Bridge called Coopers Bridge and the Mouth of the River Coine) to The Kings Mill, near the Town of Huddersfield, in the West Riding of the County of York.

Peers Pedigrees referred to the Committee of Privileges.

Ordered, That the Pedigrees of William Duke of Devonshire, James Duke of Chandos, George Harry Earl of Stamford, George Earl of Winchilsea and Nottingham, Frederick Earl of Carlisle, Robert Earl of Litchfield, Other Earl of Plymouth, George James Earl of Cholmondeley, Robert Earl of Harborough, George Earl Brooke, George Earl of Egremont, Henry Earl Fauconberg, Wills Earl of Hillsborough, William Viscount Leinster, John Talbot Lord Audley Edwyn Lord Sandys, Thomas Lord Lyttelton, John James Lord Lovel and Holland, and Thomas Lord Ducie, be referred to the Committee of Privileges.

Heatleys Divorce Bill, Witnesses to attend.

Ordered, That John Bailey, William Thompson, Henry Freeman, Henry Suffolk, and Mary Alexander, do attend this House on Wednesday the 2d Day of March next, in order to be examined as Witnesses upon the Second Reading of the Bill, intituled, An Act to dissolve the Marriage of Richard Heatley with Arabella Dawson his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.

Corn, &c. Exportation of to America, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to allow the Exportation of Corn, Grain, and other Articles to His Majestys Sugar Colonies in America; and to extend the Provisions of an Act, made in the last Session of Parliament, (intituled, An Act to regulate the Importation and Exportation of Corn,) allowing the Exportation of Wheat, Meal, Flour, Rye, Barley, or Malt, to the Islands of Guernsey and Jersey, to Bread, Biscuit, and Pease; and to allow the Exportation of all the said Articles to the Island of Alderney.

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

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

Smyth et al. Petition referred to Judges.

Upon reading the Petition of Walter Smyth Esquire, (lately called Walter Bartelott), George Smyth Bartelott Esquire, William Kempe Esquire, Serjeant at Law, as Guardian and on the Behalf of Hooker Bartelott an Infant, John Woodward Clerk, William Woodward Clerk, on Behalf of himself and William Peckham Woodward his only Son, an Infant, and Sir John Hynde Cotton Baronet; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Tunbridge Wells to Ringles Cross, Road Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act to continue, amend, and render more effectual, an Act, made in the Sixth Year of the Reign of His present Majesty, for repairing the Road from the Turnpike at Tunbridge Wells, in the County of Kent, to Ringles Cross, near Uckfield, in the County of Sussex.

Clapham Church Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting a Piece of Waste Ground within, and Parcel of, the Manor of Clapham, in the County of Surrey, in Trustees, and for enabling them to build a new Parish Church thereon.

D. Roxburgh et al. against E. Home et al.

The House being informed, That Alexander Earl of Home and others, Respondents to the Appeal of his Grace John Duke of Roxburgh and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon an Affidavit of John Bogue, Writer in Edinburgh, of the due Service of the said Order, being read:

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

Rafael against Verelst.

The House being informed, That Harry Verelst Esquire, Respondent to the Appeal of Johannes Padre Rafael, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon an Affidavit of Mordaunt Lawson Clennell of the Middle Temple, London, Gentleman, of the due Service of the said Order, being read:

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

Cojamaul against Verelst

The House being informed, That Harry Verelst Esquire, Respondent to the Appeal of Gregore Cojamaul, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon an Affidavit of Mordaunt Lawson Clennell, of the Middle Temple, London, Gentleman, of the due Service of the said Order, being read:

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

Toder et Ux. Against Sansom et al.

The House being informed, That Mark Sansom and others, Respondents to the Appeal of Thomas Toder of Newark upon Trent, Dealer and Chapman, and Ann his Wife, late Ann Linthwaite, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon an Affidavit of Thomas Hall, of Park Street, Grosvenor Square, in the County of Middlesex, Gentleman, of the due Service of the said Order, being read:

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

Adjourn.

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

Die Martis, 22^o Februarii 1774.

Domini tam Spirituales quam Temporales prsentes fuerunt.

PRAYERS.

Donaldsons against Becket al.:

The Order of the Day being read for the further Consideration of the Cause wherein Alexander Donaldson and John Donaldson are Appellants, and Thomas Beckett and others are Respondents:

And Consideration being had thereof accordingly.

Proposed, To reverse the Decree complained of.

Which being objected to:

After Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

Whereupon,

The following Order and Judgement was made:

Judgement.

After hearing Counsel, as well on Friday the 4th, Monday the 7th, Tuesday the 8th, as Wednesday the 9th, Days of this Instant February, upon the Petition and Appeal of Alexander Donaldson and John Donaldson, complaining of a Decree of the Court of Chancery of the 16th Day of November 1772; and praying, That the same might be reversed, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet: As also upon the Answer of Thomas Becket, Peter Abraham de Hondt, John Rivington, William Johnson, William Strahan, Thomas Longman, William Richardson, John Richardson, Thomas Lowndes Thomas Caston, George Kearsley, Henry Baldwin, William Owen, Thomas Davies, and Thomas Cadell, Booksellers, put in to the said Appeal; and After hearing the Judges, seriatim, on Tuesday the 15th, Thursday the 17th, and Monday the 21st of this Instant February, to deliver their Opinions, with their Reasons, upon the several Questions of Law to them proposed; and due Consideration and Debate 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 said Decree complained of in the said Appeal be, and the same is hereby reversed: And it is further ordered, That the Respondents Bill be dismissed without Costs.

Saumaises Nat Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing Louis de Saumaise, 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.

Rapillard and Delapierres Nat Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing Samuel Rapillard and Abraham Delapierre, was committed.

Owmby Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing several Common Fields, Grounds, and Pastures, within the Parish of Owmby, in the County of Lincoln; to which they desire the Concurrence of this House.

Degens Nat. Bill.

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

With a Bill, intituled, An Act for naturalizing George Christopher Degen; to which they desire the Concurrence of this House.

Blackburn and Darleys Petition referred to Judges.

Upon reading the Petition of the Reverend John Blackburn Clerk, Batchelor of Arts, Vicar of the Parish and Parish Church of Bossall, in the County of York; and of Henry Brewster Darley of Aldby Park, in the said County of York, Esquire; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Corn, &c. Exportation of to America &c. Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, An Act to allow the Exportation of Corn, Grain, and other Articles, to His Majestys Sugar Colonies in America; and to extend the Provisions of an Act, made in the last Session of Parliament, (intituled, An Act to regulate the Importation and Exportation of Corn), allowing the Exportation of Wheat, Meal, Flour, Rye, Barley, or Malt, to the Islands of Guernsey and Jersey, to Bread, Biscuit, and Pease; and to allow the Exportation of all the said Articles to the Island of Alderney.

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

Stafford et al. Petition for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Catherine Stafford Widow, and others; praying Leave to bring in a Private Bill for the Purposes in the Petition 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 certain Estates in the Country of Devon, late of Thomas Benson Esquire, deceased, in Trustees, to be sold to raise Money to be applied under the Direction of the Court of Exchequer in Payment of certain Legacies affecting the same Estates.

Samuel against Phelps, 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 Noah Samuel is Plaintiff, and William Phelps is Defendant.

Keck to take the Name of Tracy, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable Henrietta Charlotte Keck Spinster, and her Issue, to take, use, and bear, the Surname and Arms of Tracy, pursuant to the Will of Robert Tracy Esquire, deceased.

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

Their Lordships, of any Five of them, to meet on Tuesday the 1st Day of March next, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

E. Breadalbanes Petition referred to Judges.

Upon reading the Petition of John Earl of Breadalbane; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Carstairs Petition referred to Judges.

Upon reading the Petition of James Bruce Carstairs of Kinross, Esquire; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Marine Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for the Regulation of His Majestys Marine Forces while on Shore.

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

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

Hodie 2^a vice lecta est Billa, intituled, An Act for enabling Sir John Ramsden Baronet to make and maintain a navigable Canal, from the River Calder (between a Bridge called Coopers Bridge and the Mouth of the River Colne) to The Kings Mill, near the Town of Huddersfield, in the West 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 Thursday next, at the usual Time and Place; and to adjourn as they please.

Tunbridge Wells to Ringles Cross, Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to continue, amend, and render more effectual, an Act made in the Sixth Year of the Reign of His present Majesty, for repairing the Road from the Turnpike at Tunbridge Wells, in the County of Kent, to Ringles Cross, near Uckfield, in the County of Sussex.

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 the 2d Day of March next, at the usual Time and Place; and to adjourn as they please.

Yzendoorns Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing Peter Van Yzendoorn.

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

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

Brooks against Zachary and Wagstaffe.

Upon reading the Petition of Thomas Zachary and Thomas Wagstaffe, Defendants in a Writ of Error depending in this House, wherein John Brooks is Plaintiff; setting forth, That the Plaintiff has not assigned Errors within the Time ordered by the House; and therefore praying, That the said Writ of Error may be nonprossd, with such Costs as to their Lordships shall seem meet:

Writ of Error Nonprosd with Costs.

It is Ordered, That the Petitioners do forthwith enter a Nonpros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of Kings Bench, to the End Execution may be had upon the Judgement given by that Court as if no such Writ of Error had been brought into this House: And further, That the Plaintiff in Error do pay, or Cause to be paid, to the Defendants in Error, the Sum of Twenty Pounds for their Costs by reason of the Delay of the Execution of the said Judgement.

Severn Stoke Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common Meadows, Commons, and Waste Lands, within the Manor and Parish of Severn Stoke, in the County of Worcester.

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.

Adjourn.

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

Die Mercurii, 23^o Februarii 1774.

Domini tam Spirituales quam Temporales praesentes fuerunt:

PRAYERS.

Commons against Marshall, Writ of Error.

Counsel (according to Order) were called in to be heard in the Cause, upon a Writ of Error brought into this House on the 16th Day of March 1773 wherein John Commons, Lessee of John Lord Viscount Netterville, in the Kingdom of Ireland, is Plaintiff, and John Marshall Esquire is Defendant, in order to reverse a Judgement given in the Exchequer Chamber in Ireland, affirming a Judgement in Ejectment brought by the said Plaintiff in the Court of Exchequer in that Kingdom:

And the Counsel for the Plaintiff having been heard:

And also One Counsel for the Defendant:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be put off till To-morrow.

Cardiff paving, &c. Bill.

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

With a Bill, intituled, An Act for better paving, cleansing, and lighting, the Streets, Lanes, and Publick Passages, in the Town of Cardiff, and Liberties thereof, in the County of Glamorgan; and for removing and preventing Nuisances and Annoyances therein; to which they desire the Concurrence of this House.

Gleichmans Nat. Bill.

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

With a Bill, intituled, An Act for naturalizing Theodore George Gleichman ; to which they desire the Concurrence of this House.

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

Heatleys Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, An Act to dissolve the Marriage of Richard Heatley with Arrabella Dawson his now Wife, and to enable him to marry again; and for other Purposes therein mentioned; which stands appointed for Wednesday the 2d Day of March next, be put off to Friday the 4th Day of March next; and that the several Persons who were ordered to attend as Witnesses on that Day, do then attend; and that the Lords be summoned.

Orphans Fund, London Bridge, &c. Accounts delivered.

The House being informed, That a Person from the Office of the Chamberlain of the City of London attended:

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

An Account of the Surplus of the Fund for the Relief of the Orphans and other Creditors of the City of London, on the Fifth Day of July 1773.

An Account of Money received and paid by the Chamberlain of London, on Account of the Tolls on London and Black Friars Bridges, from 29th September 1772 exclusive, to 29th September 1773 inclusive.

An Account of Money received and paid in pursuance of an Act for making, enlarging, amending, and cleansing, the Vaults, Drains, and Sewers, within the City of London; and for paving, &c. from the 28th of September 1772 exclusive, to the 28th Day of September 1773 inclusive.

An Account of Money received and paid in pursuance of the Acts for building and completing a Bridge at Black Friars, from the 28th of September 1772 exclusive, to the 28th of September 1773 inclusive.

An Account of Money received and paid in pursuance of an Act of Parliament for repairing the Royal Exchange in the City of London, from 28th September 1772 exclusive, to the 28th Day of September 1773 inclusive.

An Account of Money received and paid in pursuance of an Act for embanking Part of the North Side of the River Thames, from 28th of September 1772 exclusive, to 28th September 1773 inclusive.

An Account of Money received and paid in pursuance of an Act for the rebuilding the Gaol of Newgate, in the City of London, from the 28th of September 1772, to 28th September 1773.

And then he withdrew.

And the Titles thereof, being read by the Clerk:

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

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Fields, Common Pastures, and other uninclosed Grounds, within the Manor and Township of Swinton, in the Parish of Appleton in the Street, in the North Riding of 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 To-morrow, at Ten oClock, in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting a Piece of Waste Ground within, and Parcel of, the Manor of Clapham, in the County of Surrey, in Trustees; and for enabling them to build a new Parish Church thereon.

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.

Bensons Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting certain Estates in the County of Devon, late of Thomas Benson Esquire, deceased, in Trustees, to be fold to raise Money to be applied under the Direction of the Court of Exchequer, in Payment of certain Legacies affecting the same Estates.

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

Their Lordships, or any Five of them, to meet on Thursday the 10th of March next, at the usual Time and Place; and to adjourn as they please.

Heywood et Ux. Petition referred to Judges.

Upon reading the Petition of Peter John Heywood Esquire and Elizabeth Heywood his Wife, for and on Behalf of themselves and James Heywood, Peter Heywood, Mary Heywood, Hester Heywood, and Elizabeth Heywood, their Infant Children; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Charles against Rowley and Charles.

The House being moved, That a Day may be appointed for hearing the Cause wherein Charles Vipont Charles Esquire is Appellant, and Hercules Langford Rowley Esquire and John Charles 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.

Pope against Roots et al.

The House being moved That a Day may be appointed for hearing the Cause wherein Thomas Pope is Appellant, and George Roots 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.

Owmby Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing several Common Fields, Grounds, and Pastures, within the Parish of Owmby, in the County of Lincoln.

Degens Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for naturalizing George Christopher Degen.

Rapillard and Delapierres Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing Samuel Rapillard and Abraham Delapierre.

The Question was put, Whether this Bill shall pass ?

It was resolved in the Affirmative.

Saumaises Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing Louis de Saumaise.

The Question was put, Whether this Bill shall pass ?

It was resolved in the Affirmative.

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

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

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

Marine Mutiny Bill.

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

After some Time, the House was resumed:

And the Lord Boston reported from the Committee That they had gone through the Bill, and directed him to report the same to the House, 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 1772 to the 10th of October 1773, directed to be laid before each House of Parliament by Two Acts 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 Fourth 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 Title thereof, being read by the Clerk:

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

Dean of Salisbury and Palmers Petition referred to Judges.

Upon reading the Petition of the Reverend Thomas Greene Doctor in Divinity, Dean of the Cathedral Church of the Blessed Virgin Mary of Sarum, and Robert Palmer of the Parish of Saint George Bloomsbury, in the County of Middlesex, Esquire; praying Leave to bring in a Bill for effectuating an Agreement in the said Petition mentioned:

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

Adjourn.

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

Die Jovis, 24^o Februarii 1774.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Commons against Marshall, Writ of Error:

Counsel (according to Order) were called in, to be further heard in the Cause, upon a Writ of Error brought into this House, wherein John Commons, Lessee of John Lord Viscount Netterville, in the Kingdom of Ireland, is Plaintiff, and John Marshall Esquire is Defendant:

And the Counsel for the Defendant having been fully heard:

As also One Counsel for the Plaintiff by Way of Reply:

They were directed to withdraw.

And it being proposed, That the Judges present be directed to deliver their Opinions upon the following Question 5 (videlicet)

Question put to the Judges:

Whether the Lease stated in the Special Verdict to have been granted by Nicholas late Lord Viscount Netterville to Sarah Walsh, can be supported as a good Execution of the Power stated in the Special Verdict? or whether such Lease be absolutely void ?

The same was agreed to; and the said Question was accordingly put to the Judges.

Opinions delivered:

Whereupon Mr. Justice Gould, having conferred with the Rest of the Judges present, Mr. Justice Willes and Mr. Baron Eyre, acquainted the House, That they all agreed in Opinion, and held, That the Lease stated in the Special Verdict to have been granted by Nicholas, late Lord Viscount Netterville, to Sarah Walsh, may be supported as a good Execution of the Power stated in the Special Verdict; and that such Lease is not absolutely void.

Whereupon,

The following Order and Judgement was made:

Judgement.

After hearing Counsel, as well Yesterday as this Day, to argue the Errors assigned upon a Writ of Error brought into this House on the 16th Day of March 1773, wherein John Commons, Lessee of John Lord Viscount Netterville, in the Kingdom of Ireland, is Plaintiff, and John Marshall Esquire Defendant, in order to reverse a Judgement given in the Exchequer Chamber in Ireland, affirming a Judgement in Ejectment brought by the said Plaintiff in the Court of Exchequer in that Kingdom: And also the unanimous Opinion of the Judges present upon a Question of Law to them proposed: 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 said Judgement given in the said Exchequer Chamber, affirming the Judgement of the said Court of Exchequer, be, and the same is hereby affirmed: And that the Transcript of 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.

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

But because the Court of the Parliament aforesaid, now here, are not yet advised to give their Judgement of and upon the Premises, a Day therefore is given to the said Parties, before the Lord the King, in the Court of His Parliament aforesaid, assembled at Westminster, in the County of Middlesex until Thursday the 24th Day of February, in the Fourteenth Year of the Reign of the said Lord the King, to hear their Judgement thereof, for that the Court of the Parliament aforesaid are not yet thereof, and so forth; on which Day, before the Lord the King, in the same Court of Parliament aforesaid, come the Parties aforesaid in their proper Persons, whereupon, as well the Record and Proceedings aforesaid, and the Judgement on the same given, as the said Causes and Matters for Error by the said John Commons above assigned, being seen by the said Court of the Parliament of the said Lord the King, and diligently examined and inspected; for that it seemeth to the Court of the Parliament aforesaid, now here, that neither in the Record and Proceedings aforesaid, nor in the Rendition of the Judgement aforesaid, nor in the Affirmance thereof, there is any Error; and that the said Record is in nothing vicious or defective in Law: It is considered, That as well the Judgement aforesaid, as the Affirmance thereof, be in all Things affirmed, and stand in their full Force and Effect, the said Causes and Matters for Error above assigned in any wise notwithstanding: And thereupon the Record aforesaid, and also the Proceedings aforesaid, had in the same Court of Parliament in the Premises, are remitted by the same Court of Parliament to the Barons of the Exchequer in the Kingdom of Ireland, to the End that Execution may be done thereupon, &c.

Yzendoorns Nat. Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing Peter Van Yzendoorn, 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.

Sir John Ramsden to make a navigable Canal, Bill.

The Earl of Abercorn made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for enabling Sir John Ramsden Baronet to make and maintain a navigable Canal from the River Calder (between a Bridge called Coopers Bridge and the Mouth of the River Colne) to The Kings Mill, near the Town of Huddersfield, in the West Riding of the County of York, was committed.

Clapham Church Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for vesting a Piece of Waste Ground within and Parcel of the Manor of Clapham, in the County of Surrey, in Trustees; and for enabling them to build a new Parish Church thereon, 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.

Swinton Enclosure Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open Fields, Common Pastures, and other uninclosed Grounds, within the Manor and Township of Swinton, in the Parish of Appleton in the Street, in the North Riding of the County of York, was committed.

Keck to take the Name of Tracy, Bill.

Ordered, That the Earl of Plymouth and the Lord Sandys be added to the Committee, to whom the Bill, intituled, An Act to enable Henrietta Charlotte Keck, Spinster, and her Issue, to take, use, and bear, the Surname and Arms of Tracy, pursuant to the Will of Robert Tracy Esquire, deceased; stands committed.

Ordered, That the Sitting of the Committee upon the last mentioned Bill, which stands appointed for Tuesday next, be put off to Thursday next.

Degens Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for naturalizing George Christopher Degen.

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

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.

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing Theodore George Gleichman.

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.

Marine Mutiny Bill.

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

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

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

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

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

Corn, &c, to allow the Exportation of to America, &c Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to allow the Exportation of Corn, Grain, and other Articles, to His Majestys Sugar Colonies in America; and to extend the Provisions of an Act, made in the last Session of Parliament, (intituled, An Act to regulate the Importation and Exportation of Corn), allowing the Exportation of Wheat, Meal, Flour, Rye, Barley, or Malt, to the Islands of Guernsey and Jersey, to Bread, Biscuit, and Pease; and to allow the Exportation of all the said Articles to the Island of Alderney.

After some Time the House was resumed:

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

Borthwicks Petition, claiming the Barony of Borthwick.

The Earl of Suffolk (by His Majestys Command) presented to the House a Petition of John Borthwick Esquire of Crookston, to His Majesty, claiming the Title, Honour, and Dignity, of Lord Borthwick; and His Majestys Reference thereof to this House.

And the same were read by the Clerk, as follow:

To the Kings Most Excellent Majesty.
The humble Petition of John Borthwick Esquire of Crookston,
Most humbly sheweth,
That William, the First Lord Borthwick, was created a Peer about the Year 1424, and was succeeded by his Son William, the Second Lord Borthwick, and he again by his Son William, the Third Lord Borthwick, from whom the Peerage descended from Father to Son to John Ninth Lord Borthwick, who died without Issue in the Year 1681: That William the First Lord had to his Second Son John Borthwick of Crookston, from whom the Petitioner is lineally descended in the Male Line from Father to Son: That William the Third Lord is said to have had a Son Alexander Borthwick, from whom Henry the last Lord Borthwick alleged he was descended; and the said Peerage was adjudged to him the said Henry Borthwick in the Year 1762: By his Death without Issue the whole Male Line of William the Second Lord Borthwick is extinguished. The said: Peerage has to your Petitioner as Heir Male of John Borthwick the Second Son of William the First Lord, and Brother to William the Second Lord Borthwick:
Your Petitioner therefore most humbly prays Your Majesty will be graciously pleased to declare his the Petitioners Right to the aforesaid Title, Honour, and Dignity, of Lord Borthwick.
And your Petitioner shall ever pray.
John Borthwick.

St. Jamess, February 24th, 1774.
His Majesty, being moved upon this Petition, is graciously pleased to refer the same to the Right Honourable the House of Peers, to examine the Allegations thereof as to what relates to the Petitioners Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.
Suffolk.

Ordered, That the said Petition and Reference be referred to the Lords Committees for Privileges to consider thereof, and report their Opinion thereupon to the House; and that Notice thereof be given to His Majestys Attorney General and His Majestys Advocate for Scotland.

Wetherby to Grassington, Road Bill.

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

With a Bill, intituled, An Act to enlarge the Term and Powers of an Act, made in the Thirty-second Year of His late Majesty, for repairing and widening the High Road from Wetherby to Grassington, in the County of York; to which they desire the Concurrence of this House.

Plymouth Paving, &c. Bill.

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

With a Bill, intituled, An Act to explain and amend Two Acts, made in the Tenth and Twelfth Years of His present Majestys Reign, for paving, lighting, and watching, the Town of Plymouth, in the County of Devon; and for regulating the Carmen and Porters within the said Town; to which they desire the Concurrence of this House.

Jones to take the Name of Purnell, Bill.

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

With a Bill, intituled, An Act to enable Thomas Purnell Jones Esquire, and his Issue, to take and use the Surname and Arms of Purnell; to which they desire the Concurrence of this House.

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

Adjourn.

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

Die Veneris, 25^o Februarii 1774.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Blewett against Millett.

After hearing Counsel, in Part, in the Cause wherein John Blewett Esquire is Appellant, and Humphry Millett is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Monday next; and that the Cause which stands for Monday next be put off to Wednesday next; and that the Rest of the Causes be removed in Course.

Degens Nat. Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing George Christopher Degen, 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.

Gleichmans Nat. Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing Theodore George Gleichmi=an, was committed.

Salter against Hite, et al.

Upon reading the Petition and Appeal of Ann Salter Spinster, complaining of Two orders of the Court of Chancery, of the 20th Day of January last, and 8th Day of this Instant February; which said last-mentioned Order was not made up and entered until the 12th Instant; and praying, That the same may be reversed, or such other Order made in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Francis Hite Attorney at Law, Edward Ramsey and Jane his Wife, Hannah Salter Asshe, Mary Salter, Margaret Salter, John Partridge the Elder, John Partridge the Younger, and Samuel Mare, may be required to Answer the said Appeal:

It is Ordered That the said Francis Hite, 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 Friday the 11th Day of March next.

Barbors Petition referred to Judges.

Upon reading the Petition of Robert Barbor Esquire; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Smith and Hallifaxs Petition referred to Judges.

Upon reading the Petition of John Smith of the City of Coventry, Surgeon, in Behalf of himself and of James Smith, the only Child of the Said John Smith, now a Lunatick, and the Reverend James Hallifax Doctor in Divinity, the presumptive Heir at Law of the Said James Smith the Lunatick; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Wanchope against Macdowall and Sir A. Hope, Hearing appointed ex parte.

The House being moved, That a Day may be appointed for hearing the Cause wherein Andrew Wanchope Esquire of Niddrie is Appellant, and John Macdowall and Sir Archibald Hope are Respondents, ex parte, the Respondents not having put in their Answer thereto, though peremptorily ordered so to do:

It is Ordered, That this House will hear the Said Cause, ex parte, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed, unless the Respondents put in their Answer thereto in the mean Time.

Colebrooke et al. Petition referred to Judges.

Upon reading the Petition of Robert Colebrooke Esquire, and Elizabeth his Wife; and of Sir George Colebrooke Baronet, Brother of the said Robert Colebrooke, on Behalf of himself and his Three Sons, George Colebrooke, James Edward Colebrooke, and Henry Thomas Colebrooke, who are all Infants; praying Leave to bring-in a Bill for the Purposes in the Petition mentioned:

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

Hall and Woodhouses Petition referred to Judges.

Upon reading the Petition of William Pearce Hall, of Downton in the County of Salop, Esquire, and John Woodhouse, of Yalton Court in the County of Hereford, Esquire; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Dunnes Petition referred to Judges.

Upon reading the Petition of Martin Dunne, of Gatley Park in the County of Hereford, M. B. and of the Reverend Thomas Dunne Clerk A. M. Rector of the Rectory of Markeley, otherwise Martley, in the Diocese and County of Worcester; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Corn, &c to allow the Exportation of, to America, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to allow the Exportation of Corn, Grain, and other Articles, to His Majestys Sugar Colonies in America; and to extend the Provisions of an Act, made in the last Session of Parliament, (intituled, An Act to regulate the Importation and Exportation of Corn), allowing the Exportation of Wheat, Meal, Flour, Rye, Barley, or Malt, to the Islands of Guernsey and Jersey, to Bread, Biscuit, and Pease; and to allow the Exportation of all the said Articles to the Island of Alderney.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Clapham Church Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for vesting a Piece of Waste Ground within, and Parcel of, the Manor of Clapham, in the County of Surrey, in Trustees; and for enabling them to build a new Parish Church thereon.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Sir John Ramsden to make a navigable Canal, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for enabling Sir John Ramsden Baronet to make and maintain a navigable Canal from the River Calder (between a Bridge called Coopers Bridge and the Mouth of the River Colne) to The Kings Mill, near the Town of Huddersfield, in the West Riding of the County of York.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Swinton Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Fields, Common Pastures, and other uninclosed Grounds, within the Manor and Township of Swinton, in the Parish of Appleton in the Street, in the North Riding of the County of York.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Yzendoorns Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing Peter Van Yzendoorn.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

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

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

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

Cardiff Paving, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for better paving, cleansing, and lighting, the Streets, Lanes, and Publick Passages, in the Town of Cardiff, and Liberties thereof, in the County of Glamorgan; and for removing and preventing Nuisances and Annoyances therein.

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

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

Wetherby to Grassington, Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act: to enlarge the Term and Powers of an Act, made in the Thirty-second Year of His late Majesty, for repairing and widening the High Road from Wetherby to Grassington, in the County of York.

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

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

Address to His Majesty on the Birth of a Prince.

Ordered, That an humble Address be presented to His Majesty To congratulate His Majesty on the happy Delivery of the Queen, and the Birth of a Prince; and to assure His Majesty of the dutiful Share we take in every Event which adds to the domestic Happiness, Stability, and Increase, of His Illustrious House, from which these Kingdoms have received the most important Benefits

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

American Mutiny Bill.

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

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

The said Bill was read the First Time.

Duddington Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Commonable Fields, within the Parish of Duddington, in the County of Northampton; to which they desire the Concurrence of this House.

Ibstock Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Wastes, and Common Grounds, within the Township and Liberty of Ibstock, in the County of Leicester; to which they desire the Concurrence of this House.

Adjourn.

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

Die Lun, 28^o Februarii 1774.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Rafael against Verelst.

The Answer of Harry Verelst Esquire to the Appeal of Johannes Padre Rafael, was this Day brought in:

Cojamaul against Verelst.

As was also, the Answer of Harry Verelst Esquire to the Appeal of Gregore Cojamaul:

Toder et Ux. against Sansams.

And also, the joint and several Answer of Mark Sansam and William Sansam to the Appeal of Thomas Toder and Ann his Wife.

Blewett against Millett:

After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of John Blewett Esquire, complaining of a Decree of the Court of Exchequer of the 17th of December 1772; and praying, That the same might be reversed, 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 Humphry Millett, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

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

Gleichmans Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing Theodore George Gleichman.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Degens Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing George Christopher Degen.

The Question was put, Whether this Bill shall pass ?

It was resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Montague and Mr. Pratt:

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

Charles against Rowley and Charles, Pleadings proved.

The House being informed, That Walter Sweetman attended, in order to deliver in Copies of Pleadings and Proceedings in a Cause wherein Charles Vipont Charles Esquire is Appellant, and Hercules Langford Rowley Esquire and John Charles are Respondents:

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

And then he withdrew.

Plymouth Paving, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to explain and amend Two Acts, made in the Tenth and Twelfth Years of His present Majestys Reign, for paving, lighting, and watching, the Town of Plymouth, in the County of Devon; and for regulating the Carmen and Porters within the said Town.

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

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

Jones to take the Name of Purnell, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable Thomas Purnell Jones Esquire, and his Issue, to take and use the Surname and Arms of Purnell.

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

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

American Mutiny Bill.

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

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

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

Heron against Heron, et e contra, Petition for Bye, Day.

A Petition of Patrick Heron Esquire, Appellant in a Cause depending in this House to which Andrew Heron Doctor of Physic is Respondent et e contra, which stands appointed for hearing, was presented and read; setting forth, That the said Andrew Heron on the 17th of January last presented a Cross Appeal, and thereupon both the said Causes were immediately set down for hearing on the Application of the said Andrew Heron: That the Proceedings in the said Causes are so very voluminous that the Petitioner cannot, notwithstanding his using the utmost Diligence and Dispatch, be ready for hearing against the Time the above Causes will come on in the ordinary Course; and therefore praying, Their Lordships to put off the Hearing of the said Causes till Thursday the 17th Day of March next, or such other Bye Day as to their Lordships shall seem meet:

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

And being withdrawn.

Ordered, That the Hearing of the said Causes be put off till Thursday the 17th Day of March next, as desired.

His Majestys Answer to Address reported.

The Lord Chamberlain reported, That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House of Friday last, of Congratulation on the Birth of a Prince; and that His Majesty was pleased to accept the same very graciously, and to say, That he received it as a fresh Mark of the Duty and Affection of this House to His Person and Family.

Hutchins et al. Petition referred to Judges.

Upon reading the Petition of the Reverend Richard Hutchins Doctor in Divinity, and Rector of Lincoln College, in Oxford; the Reverend John Sharp Doctor in Divinity, and Archdeacon of the Archdeaconry of Northumberland; the Reverend James Douglas Doctor in Divinity and Prebendary of Durham; the Right Reverend Father in God Robert Lowth Lord Bishop of Oxford; the Reverend John Rotheram Clerk, Rector of Houghton le Spring, in the County of Durham; Sir Henry Grey of Howick, in the County of Northumberland, Baronet; Henry Grey of Balmbrough, in the said County, Gentleman; John Anderson of Sunderland, in the said County, Husbandman; George Swan of the same Place, Husbandman, as Guardian for and on the Behalf of his Son Alexander Swan, an Infant, under the Age of Twenty-one Years; Bartholomew Younghusband of Balmbrough aforesaid, Carpenter; James Moneypenny of the same Place, Gentleman; Henry Grey of the same Place, Innkeeper; John Dodds of the same Place, Glazier; Joseph Elliott of Newcastle-upon-Tyne, Glover, and Barbara his Wife; James Hasty of Smeafield, in the said County of Durham, Joiner, and Jane his Wife; and Elizabeth Sharp of Newcastle aforesaid, Widow; which said Barbara, Jane, and Elizabeth, are the Three Daughters and Heirs at Law of Margaret Robinson deceased; and which said Margaret Robinson was Daughter and Heir at Law of Robert Simpson, late of Balmbrough aforesaid, Yeoman, deceased; John Pringle of Beadnell, in the said County of Northumberland, Husbandman, George Pringle of Alnwick, in the said County, Plaisterer; Thomas Anderson of Balmbrough aforesaid, Yeoman, and Ann his Wife, for themselves and as Guardians for and on the Behalf of her Son Thomas Pringle, an Infant under the Age of Twenty-one Years; Ralph Hush of Balmbrough aforesaid, Yeoman, for himself and as Guardian for and on the Behalf of his Son John Hush, an Infant under the Age of Twenty-one Years; Cuthbert Brown of the same Place, Weaver; Sir Walter Blackett of Wallington, in the said County of Northumberland, Baronet; Sir Thomas Wentworth of Bretton Hall, in the County of York, Baronet; Nicholas Wescomb of Cheuvrells Green, in the County of Hertford, Esquire, and Lucy his Wife; and Ann Gordon of Abbots Leigh, in the County of Somerset, Widow; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Jellett et al. Petition referred to Judges.

Upon reading the Petition of Morgan Jellett and Brilliana his Wife, in Behalf of themselves and of their Children, Ruth Jellett, Mary Jellett, Brilliana Jellett, Morgan Jellett, and Ann Jellett, who are Infants under the Age of Twenty-one Years; and also of Ruth Wife of William Gresham, in Behalf of herself and her only Child Stanhope Mason Gresham, who is also an Infant under the Age of Twenty-one Years; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Sir Edward Swinburnes Petition referred to Judges.

Upon reading the Petition of Sir Edward Swinburne Baronet; praying Leave to bring in a Bill for charging certain Waste Lands with such Sum of Money as shall be necessary for improving the same:

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

Gees Petition referred to Judges.

Upon reading the Petition of Roger Gee of Bishop Burton, in the County of York, Esquire, and Sir James Gee (heretofore called Sir James Pennyman) of Ormesby, in the said County of York, Baronet; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Sterne et al. Petition referred to Judges.

Upon reading the Petition of Richard Sterne Esquire and Mary his Wife, and John Bowman, and Jonathan Midgley, and William Waines, Esquires; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Medows to take the Name of Theobald.

Upon reading the Petition of John Medows of Henningstone, in the County of Suffolk, Gentleman; praying Leave to bring in a Bill to enable the Petitioner and his Heirs Male to use and take upon him or themselves the Surname and bear the Arms of Theobald:

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

Hamilton and Co against Wilson and Co.

A Petition of Malcolm Hamilton and Company, Appellants in a Cause depending in this House, to which James Wilson and Company are Respondents, which stands appointed for hearing, was presented and read; setting forth, That the Petitioners now find it expedient for them, pursuant to Advice from their Counsel, to withdraw their Appeal; and therefore humbly pray their Lordships, That they may be at Liberty to withdraw their said Appeal in this Cause:

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

And being withdrawn:

Appeal withdrawn, with Costs.

Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired, upon Payment of Twenty Pounds Costs to the Respondents.

Urquhart et al. against Dunbar.

Upon reading the Petition and Appeal of Captain Duncan Urquhart of Burdsyeards, Ensign James Duff of the Third Regiment of Foot Guards, and Alexander Stronach of Knock, complaining of an Interlocutor of the Lords of Session in Scotland of the 23d of February Instant; and praying, That the same may be reversed, 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 Mr. James Colquhoun Advocate may be required to answer the said Appeal:

It is Ordered, That the said Mr. James Colquhoun may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Monday the 28th Day of March next; and Service of this Order upon any of the Procurators or Agents of the said Respondent, in the said Court of Session in Scotland, shall be deemed good Service.

Urquhart et al. against Dunbar.

Upon reading the Petition and Appeal of Captain Duncan Urquhart of Burdsyeards, Ensign James Duff of the Third Regiment of Foot Guards, and Alexander Stronach of Knock, complaining of an Interlocutor of the Lords of Session in Scotland of the 23d of this instant February; and praying, That the same may be reversed, 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 Captain Thomas Dunbar, of Grangehill, may be required to answer the said Appeal:

It is Ordered, That the said Captain Thomas Dunbar may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Monday the 28th Day of March next; and Service of this Order upon any of the Procurators or Agents of the said Respondent, in the said Court of Session in Scotland, shall be deemed good Service.

Longlands to enter into Recognizance on the above Two Appeals.

The House being moved, That Thomas Longlands Gentleman may be permitted to enter into a Recognizance for Captain Duncan Urquhart of Burdsyeards, and others, on Account of their Appeal depending in this House, they residing in Scotland:

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

The House being moved, That Thomas Longlands Gentleman may be permitted to enter into a Recognizance for Captain Duncan Urquhart of Burdsyeards, and others, on Account of their Appeal depending in this House, they residing in Scotland:

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

Hine to enter into Recognizance on Salters Appeal.

The House being moved, That James Hine, of the City of Exeter, Gentleman, may be permitted to enter into a Recognizance for Ann Salter Spinster, on Account of her Appeal depending in this House, she residing in the Country:

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

Duddington Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Commonable Fields within the Parish of Duddington, in the County of Northampton.

Ibstock Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common and Open Fields, Wastes and Common Grounds, within the Township and Liberty of Ibstock, in the County of Leicester.

Rafael against Verelst.

The House being moved, That a Day may be appointed for hearing the Cause wherein Johannes Padre Rafael is Appellant, and Harry Verelst Esquire is Respondent:

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

Cojamaul against Verelst.

The House being moved, That a Day may be appointed for hearing the Cause wherein Gregore Cojamaul is Appellant, and Harry Verelst Esquire is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day

E Radnor Leave for a Bill

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

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for exchanging the Advowson of Seagrave, in the County of Leicester, belonging to the Right Honourable William Earl of Radnor, for the Advowson of the Rectory, Parsonage, and Parish Church, of Great Cheverel, otherwise Cheverel Magna, in the County of Wilts, belonging to the President, Master, and Fellows, of the College of Saint Margaret and Saint Bernard, commonly called Queens College, in the University of Cambridge.

Watts et al., Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Edward Watts 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 the Estate, late of William Watts Esquire, called South Hill or Fishers Lodge, in the County of Berks, in Trustees, to sell the same, and to lay out the Money arising by such Sale in the Purchase of another Estate to be settled to the Uses of his Will.

Adjourn.

Dominus Cancellarius declavarit prsens Parliamentum continuandum esse usque ad et in diem Martis, primum diem Martii, jam prox. sequen. hora undecima Auror, Dominis sic decernentibus.