House of Lords Journal Volume 34: March 1775, 11-20

Die Lun, 13^o Martii. 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Fitz Edward against Ryves:

After hearing Counsel this Day upon the amended Petition and Appeal of Robert Ryves Fitz Edward, complaining of an Order of Dismission of the Court of Exchequer in Ireland, of the 2d of March 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 William Ryves Esquire, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order 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 Order of Dismission therein complained of be, and the same is hereby affirmed.

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

Potterspury &c. Enclosure Bill.

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, in the Parish of Potterspury, and Hamlet of Yardley Gobyon, in the said Parish of Potterspury, and also a Parcel of Land called Kenson Field, in the Parish of Cosgrave, in the County of Northampton; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Hanmer Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Wastes, Mosses, Heaths, and Commons, in the Parish of Hanmer, in the County of Flint; to which they desire the Concurrence of this House.

Wolverley Enclosure Bill.

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

With a Bill, intituled, An Act for dividing, enclosing, and allotting, the several Commons and Waste Lands, within the Manor and Parish of Wolverley, in the County of Worcester; to which they desire the Concurrence of this House.

Militia Pay and Cloathing Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, An Act for defraying the Charge of the Pay and Cloathing of the Militia in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March One thousand seven hundred and seventy-five.

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

Salted Provisions from Ireland and America, Importation of, Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, An Act to continue for a further Time an Act, made in the Eighth Year of His present Majestys Reign, intituled, An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America for a limited Time; and for extending the Provisions of the said Acts to Potatoes, and all Kinds of Pulse.

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

Adjourn.

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

Die Veneris, 12^o Junii. 1795.

Hitherto examined by us,

The Interlineation, Page 181, Line 1, appearing.

Leeds.

John Bangor.

Walsingham.

Die Martis, 14^o Martii 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Spittas Nat. Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing Charles Louis Spitta, 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

Sir Jacob Wolffs Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for vesting divers Manors, Lands, and Hereditaments in the County of Southampton (the Settled Estate of Sir Jacob Wolff Baronet) in Trustees, to be conveyed to a Purchaser thereof; and for laying out the Money arising by such Sale in the Purchase of other Estates to be settled to the same Uses.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to H.C. with it.

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

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

Hume et al. against E. Ely et al.; Petition for a Bye-Day.

Upon reading the Petition of the Right Honourable Henry Earl of Ely and others, Respondents in a Cause depending in this House, to which George Rochfort Hume and others are Appellants, which stands appointed for hearing; setting forth, That the fluctuating State of the Causes set down before their Lordships in this Session, hath made it necessary that the Parties to this Appeal (whose Papers and Proceedings are very voluminous, and require the greatest Care in digesting), should not be surprized into a Hearing thereof, which they may otherwise be, unless a reasonable distant Day is fixt for hearing the same: And therefore praying their Lordships, That this Cause may be set down to be heard on Thursday the 27th Day of April next, or on such other Bye-Day as to their Lordships shall seem meet; the Agent for the said Appellants having signed the said Petition as consenting thereto:

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Thursday the 27th Day of April next, as desired.

Rigton Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing, enclosing, and improving certain Commons, Lands, and Grounds, in the Township of Rigton, in the Parish of Kirkby Overblow, in the County of York; and for other Purposes therein mentioned.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Mendip Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing a large Open and uncultivated Common or Tract of Ground, Parcel of the Forest of Mendip, situate within the Parishes of Doulting and Stoke Saint Michael, otherwise Stokelane, in the County of Somerset.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

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

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

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

Potterspury, &c. Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, in the Parish of Potterspury, and Hamlet of Yardley Gobyon, in the said Parish of Potterspury; and also a Parcel of Land called Kenson Field, in the Parish of Gosgrave, in the County of Northampton.

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

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

Yarmouth to Gorleston Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for amending and widening the Road leading from Yarmouth Bridge, through the Hamlet of South Town, otherwise Little Yarmouth, to Gorleston, in the County of Suffolk.

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

Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place; and to adjourn as they please.

Wolverley Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing, enclosing, and allotting, the several Commons and Waste Lands, within the Manor and Parish of Wolverky, in the County of Worcester.

Hanmer Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Wastes, Mosses, Heaths, and Commons, in the Parish of Hanmer, in the County of Flint.

Sir Charles Cottrell Dormer et al Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Sir Charles Cottrell Dormer Knight, and Dame Jane his Wife, 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 establishing and confirming Exchanges of divers Lands and Hereditaments in the Parish of Rowsham, in the County of Oxford, pursuant to Articles of Agreement between Sir Charles Cottrell Dormer, Benjamin Holloway Esquire, and the Reverend Harry Lee; and for other Purposes therein mentioned.

Alexander et al against Paterson et al.

Upon reading the Petition and Appeal of James Alexander Esquire, Provost, James Burd, John Burn, James Tower, and John Stevenson, Baillies, Nicol Bryce Dean of Guild, James Gib Treasurer, Henry Jaffray, Robert Alexander, James Edmond, James Adam, James Thomson, Peter Belch, and Alexander Hill Merchant Counsellors, James Thomson Deacon of the Taylors, and Daniel Brown Deacon of the Skinners, Trades Counsellors, all of the Burgh of Stirling, elected at Michaelmas 1773; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 1st of this Instant March; and praying, That the fame may be reversed or varied, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordship great Wisdom, shall seem meet; and that John Paterson Deacon of the Weavers, in the said Burgh of Stirling, William Christie Deacon of the Hammermen, Charles Lyon Deacon of the Shoemakers, Samuel Stevenson Deacon of the Bakers, and John Steuart junior, late Deacon of the Hammermen of the said Burgh, may be required to answer the said Appeal:

It is Ordered, That the said John Paterson, 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 Tuesday the 11th Day of April next; and Service of this Order upon the Agents or Procurators for the said Respondents, in the said Court of Session in Scotland, shall be deemed good Service.

Doyne against Daly et Ux.

Upon reading the Petition and Appeal of Robert Doyne Esquire, complaining of an Order the Court of Exchequer in Ireland of the 18th of February 1775, appointing a Receiver of the Rents and Profits of his Estate; and praying, That the same may discharged, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Michael Daly Esquire, and Johanna his Wife, commonly called Lady Johanna Daly, may be required to Answer the said Appeal:

It is Ordered, That the said Michael Daly Esquire, and Johanna his Wife, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 18th Day of April next; and Service of this Order upon the said Respondents, or upon their Agents and Solicitors, in the said Court of Exchequer in Ireland, shall be deemed good Service.

Militia Pay and Cloathing Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for defraying the Charge of the Pay and Cloathing of the Militia in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March One thousand seven hundred and seventy-five.

After some Time the House was resumed:

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

Salted Provisions from Ireland and America, Importation of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to continue for a further Time an Act, made in the Eighth Year of His present Majestys Reign, intituled, An Act to continue and amend an Act made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter from the British Dominions in America for a limited Time; and for extending the Provisions of the said Acts to Potatoes, and all Kinds of Pulse.

After some Time the House was resumed:

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

Longlands to enter into Recognizance on Alexanders et al. Appeal.

The House being moved, That Thomas Longlands Gentleman, may be permitted to enter into a Recognizance for James Alexander Esquire, Provost, 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.

Causes put off.

Ordered, That the Hearing of the Cause, wherein Cause John Bartlett Allen and Elizabeth his Wife, and others, are Appellants, and Frances Hancorn and others are Respondents, which Stands appointed for To-morrow, be put off to Friday next, and that the Rest of the Causes be removed in course.

Adjourn.

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

Die Mercurii 15^o Martii 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Yarmouth to Gorleston Road Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act for amending and widening the Road leading from Yarmouth Bridge, through the Hamlet of South Town, otherwise Little Yarmouth, to Gorleston, in the County of Suffolk, 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.

Militia Pay and Cloathing Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for defraying the Charge of the pay and Cloathing of the Militia in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March One thousand seven hundred and seventy-five.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Salted Provisions from Ireland and America, Importation of, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to continue for a further Time an Act, made in the Eighth Year of His present Majestys Reign, intituled, An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Sailed Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time; and for extending the Provisions of the Said Acts to Potatoes, and all Kinds of Pulse.

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. Holford and Mr. Browning:

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

Spittas Nat. Bill:

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

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to H. C. with it.

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

To Carry down the Said Bill, and desire their Concurrence thereto.

Wolverley Enclosure Bill

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

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

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

Hanmer Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Wastes, Mosses, Heaths, and Commons, in the Parish of Hanmer, in the County of Filnt.

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.

Scotland, for ferted Estates in, Reports of Committee for managing them, delivered.

The House being informed, That Mr. Rowe from the Treasury attended:

He was called in, and delivered at the Bar,

8th August 1774.
Report of the Commissioners and Trustees for managing the annexed forfeited Estates in Scotland, to the Lords Commissioners of His Majestys Treasury, which, by an Act of the 25th Year of His late Majestys Reign, is directed to be laid before both Houses of Parliament.

And then he withdrew.

And the Title thereof being read by the Clerk:

Ordered, That the Said Report do lie on the Table.

Whale Fishery in Scotland, Account delivered.

The House being informed, That the Said Mr. Rowe, from the Commissioners of the Customs in Scotland, attended:

He was called in, and delivered at the Bar,

An Account of what Number of Ships from Scotland have been employed in the Whale Fishery to Daviss Streights and the Greenland Seas, with their respective Names and Burthens, from whence they were fitted out, and at what Port they were discharged; also what Quantity of Oil and Whale Fins each Ship has imported, from the 10th of October 1773 to the 10th of October 1774.

And then he withdrew.

And the Title thereof being read by the Clerk:

Ordered, That the Said Account do lie on the Table.

Potterspury, &c, Enclosure Bill; the Kings Consent signified to it.

The Earl of Suffolk acquainted the House, That His Majesty having been informed of the Contents of the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, in the Parish of Potterspury and Hamlet of Yardley Gobyon, in the Said Parish of Potterspury; and also a Parcel of Land called Kenson Field, in the Parish of Cosgrave, in the County of Northampton, was pleased to consent, (as far as His Majestys Interest is concerned), That their Lordships may proceed therein as they shall think fit.

Massachusetts Bay, &c. to restrain the Trade of, Bill; Petitions against it.

Upon reading the Petition of the Lord Mayor, Aldermen, and Commons of the City of London, in Common Council assembled, taking Notice of a Bill depending in this House, intituled, An Act to restrain the Trade and Commerce of the Provinces of Massachusetts Bay, and New Hampshire, and Colonies of Connecticut, and Rhode Island and Providence Plantation, in North America, to Great Britain, Ireland, and the British Islands in the West Indies; and to prohibit such Provinces and Colonies from carrying on any Fishery on the Banks of Newfoundland, or other Places therein mentioned, under certain Conditions and Limitations; and praying, for the Reasons therein mentioned, that the Said Bill may not pass into a Law;

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

Upon reading the Petition of the Merchants, Traders, and others, of the City of London, interested in the American Commerce, whose Names are thereunto subscribed, likewise taking Notice of the last mentioned Bill; and praying, for the Reasons therein mentioned, that the same may not pass into a Law:

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

Message to H. C for Sir Hush Palliser and Mr Shuldhum to attend.

A Message was sent to the House of Commons, to desire, That they will give Leave to Sir Hugh Palliser and Molyneux Shuldham Esquire, Members of that House, to attend this House this Day, in order to their being examined upon the Second Reading of the Bill, intituled, An Act to restrain the Trade and Commerce of the Provinces of Massachusetts Bay, and New Hampshire, and Colonies of Connecticut, and Rhode Island and Providence Plantation, in North America, to Great Britain, Ireland, and the British Islands in the West Indies; and to prohibit such Provinces and Colonies from carrying on any Fishery on the Banks of Newfoundland, or other Places therein mentioned, under certain Conditions and Limitations.

The House was adjourned during Pleasure.

The House was resumed.

Massachusetts Bay, &c. to restrain the Trade of, Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, An Act to restrain the Trade and Commerce of the Provinces of Massachusetts Bay, and New Hampshire, and Colonies of Connecticut, and Rhode Island and Providence Plantation, in North America, to Great Britain, Ireland, and the British Islands in the West Indies; and to prohibit such Provinces and Colonies from carrying on any Fishery on the Banks of Newfoundland, or other Places therein mentioned, under certain Conditions and Limitations; and for the Lords to be summoned:

The Said Bill was, accordingly, read the Second Time.

Commons Answer to Message for Sir Hugh Palliser and Mr. Shuldham to attend.

The Messengers sent to the House of Commons, to desire That they will give Leave to Sir Hugh Palliser and Molyneux Shuldham Esquire, Members of that House, to attend their Lordships, in order to their being examined upon the Second Reading of the last-mentioned Bill, return Answer, That the Commons give Leave for them to attend, if they think fit.

Persons examined respecting the Fisheries.

Then Seth Jenkins, a Quaker, was called in, and, upon his Affirmation, acquainted the House, That he was a Manner, and is well acquainted with the Island of Nantucket: That the Number of Inhabitants upon the Said Island is between Five and Six Thousand, who are almost all employed in the Fisheries: That the Number of Vessels belonging to the Said Island is 140 Sail, Eight of which are employed in the Coasting Trade, and the Rest in the Fisheries: That the Said Island is about Fifteen Miles long, and Three Miles broad; distant from the Main Seven Leagues: That it has but One Harbour: That the Produce of the Said Island will not maintain above Twenty Families: That Nine Tenths of the Inhabitants are Quakers: That the Vessels employed in the Whale Fishery fail at all Seasons: That the Limits of the Whale Fishery extend to Falklands Island and the Coast of Africa: That their Fishing Vessels are generally Twelve Months on their Voyage, sometimes Fourteen Months: That this Island is supplied with Corn from the Provinces of Carolina, New York, Virginia, and Rhode Island: That it is supplied with Manufactures from London: That all their Oil comes to Great Britain, except a little, which is consumed in the Colonies: That if the Inhabitants of this Island are restrained from fishing, they would wait quietly till the Act was repealed, but that they could not subsist above a Month: That the Inhabitants might be under the Necessity of removing from the Island, but would not go to Halifax, it being a Military Government: That the Vessels from England employed in the Whale Fishery have little or no Success in it, owing to their not understanding it: That this Island formerly belonged to the Province of New York, at present it belongs to Massachusetts Bay: That no other Men would, if Trade is stopt, carry on the Whale Fishery, as they dont understand the Nature of it: That the People of Nantucket, if their Fishery is stopt, would not get Employment from others: That their Craft would be entirely lost, as they could not get Purchasers for them: That the Lands in Nova Scotia are in general very barren, except some in the Bay of Fundy, and some German Settlements: That the Lands in the Bay of Fundy are fertilized by being often overflowed: That the Inhabitants of Nantucket are supplied with their Materials for the Fishery from London: That they have no Stores laid in: That the Non-importation Agreement in America would stop the Fishery in Time: That the only Materials for building their Fishing Vessels got from London, were Sails and Rigging: That there is an Act which prevents the pressing of the Men employed in the New England Fishery: That the Money arising from this Fishery amounts to about . 330,000: That the Quakers are of a peaceable Disposition, and did not fend any Delegates to the Congress: That they chuse but One Representative: That they drink Tea: That they were no Ways concerned in the Destruction of the Tea: That they reside chiefly upon the Island, and are no great Politicians: That he never heard of any Persecution at Halifax on Account of Religion, but has heard formerly of Persecution on Account of Religion at Massachusetts Bay: That though the People of Nantucket would not by Choice go to another Part of America, where the Trade was restrained, yet they would prefer going there rather than to Halifax: That these People have not entered into any Combination not to import Goods from Great Britain, and that they think this Bill will restrain them from Fishing after the First of June next. Whereupon the Clause in the Bill relating to the Island of Nantucket was read in the engrossed Bill, whereby it appeared that some Words having by Mistake been omitted in the printed Bill, was the Reason of the Witnesss being of Opinion, That this Bill would restrain them from any Fishery after the 1st of June next.

The Witness being further examined, acquainted the House, That there are very few others than the Islanders who have any Shares in their Fishery: That if the Bill passes they will not be able to get any Provisions, without which they cannot carry on their Fisheries: That the Provinces of New England and Massachusetts Bay have no Superfluity of Provision to supply them with: That New England is supplied with Provisions from Baltimore, Pensylvania, and Carolina: That Provisions were sent to the Army in the last War from Connecticut: That there is not a Sufficiency raised in New England for their own Consumption: That they supply the West Indies with live Cattle, and can supply Nantucket with Beef and Pork, but not Bread, not having sufficient for themselves: That Newfoundland is supplied with Provisions from New York, Jersey, Pennsylvania, and Maryland: That one Reason of their wanting Provisions, is the great Quantity consumed in the Fishery: And that so many Men are employed in the Fisheries, that there are not enough left at Home to cultivate the Land, but if not employed in the Fishery might, in Time, be able to raise more Provisions: That if the People of the Continent would or could send them Provisions, they would have no Money to pay for them if the Fishery was stopt, but if it is not stopt they could pay for them: That there are many Sheep raised on the Island of Nantucket: That considerable Quantities of Oats and Indian Corn are sent from Massachusetts Bay to the West Indies.

He was directed to withdraw.

Then Mr. Brooke Watson was called in, and being sworn, acquainted the House, That he was an American Merchant, and well acquainted with the Fisheries in North America: That he Lad been examined at the Bar of the House of Commons on that Subject: That in his Passage to North America, in 1766, he made out a State of the American Fishery in 1764; which Stats he carefully corrected from the best Information on his Arrival in North America; and then produced the Said State, being the same he had produced at the Bar of the House of Commons. He then read the Said State at the Bar, and afterwards delivered the same in to the House.

State of the Exports from Great Britain to, and Fisheries of, North America in 1764.

He then acquainted the House, That the American Fisheries were much encreased since the Year 1764: That Remittances were received for American Fish from Spain, Portugal, and Russia: That large Quantities of New England Rum are sent to Quebec, for which they return Money, Bills of Exchange on Merchants in London, and some Wheat: That it was too copious a Subject for him to enter into a Detail of the General State of Trade between Great Britain and America: That his Account of the Exports from Great Britain to America was made up about the Time of passing the Stamp Act: That a Committee of Merchants being appointed to draw up a State of the then Trade between Great Britain and America, each Merchant wrote the Amount of his Exportation from Great Britain upon a Piece of Paper, but did not sign his Name to it, and put it into a Box, and the whole Amount is specified in the Paper he had delivered in, or as near as could be: That the Merchants here generally deliver in at the Custom House an Invoice of One Third more than is really shipped, and that no Officer of the Customs can make an exact Estimate of what is exported to America: That the People of North Carolina cannot afford to cloath themselves so well as those of the other Provinces: That he never was at the Island of Nantucket, but that he knows there is a Trade carried on from there in Fish: That Four of the Provinces in New England do not raise Bread sufficient for their own Consumption, and that he has known great Quantities of Bread sent to Boston from London and New York: That he does not know of any immediate Substitute for Bread the People of Nantucket could eat: That if the Fishery is stopt, the Men employed in it cannot turn their Hands to any other Business: That the Restraint upon the Nantucket Whale Fishery is taken off by a Clause in the Bill: That he dont know if any other Persons are concerned with them in their Fishing Ships: That they have all the Materials for building their Ships from England, except Timber: That the Indulgence given by the Bill to the People of Nantucket, he fears, will be of little Consequence to them: That the Americans pay for the Goods from Great Britain by the Profits of their Fisheries, and by the Money they get for the Ships which they build in America, and load with Goods for the West Indies, where they receive Sugars for their Goods, which they bring to Great Britain, where they and the Ships are sold: That if the Bill passes, the Americans cannot make any Returns to Great Britain for Goods, nor pay the Debts they now owe: That the Merchants in London are not concerned in the Property of the American Fisheries: That the People of Nantucket cannot be supplied with Flour from Quebec, because at Quebec they have only a Number of Mills sufficient to grind Corn for themselves, but that they may have a Supply from other Provinces: That the Weather is so severe at Quebec that the Mills cannot work above Seven Months in the Year: That he cant tell, if the other Provinces in America should return to their Allegiance, whether this Bill would affect Nantucket:That by this Bill, the People of One Province being made answerable for another, Nantucket will not receive her usual Supply of Sustenance: That though the Inhabitants of Nantucket are the obedient Subjects to the Laws of this Country, and are, and have been, acting with all possible Precaution, yet they must suffer on the Account of others who may be refractory.

He was directed to withdraw.

Then Mr. Benjamin Lister was called in, and being sworn, acquainted the House, That he was a Merchant Adventurer in the Newfoundland Fishery for Thirty-eight Years: That he goes to Newfoundland every Summer, and is a large Dealer in that Trade: That he thinks, that if the American Fishery was stopt, the Foreign Markets might be supplied with Fish from Great Britain alone in future, and in Part this Year: That the principal Ports in England from whence the Newfoundland Fisheries are carried on, are Pool and (fn. 1) Dorset: That Four hundred Sail are sent from Great Britain, the. Tonnage of which amounts to 36,000 Tons, and Two thousand Shallops, making 20,000 Tons more: That 20,000 Men are employed, 12,000 of which return to Great Britain and Ireland: That they are obliged to carry out every Year One Man in every Five, who is what they call a Green Man, or One who has never been at Sea before, by which Means the British Fishery raises 3,000 fresh Seamen every Year: That they catch about 600,000 Quintals of Cod Fish, which, for about Seven Years, has sold at Fourteen Shillings the Quintal: That the Quantity of Salmon caught amounts to about 3,000 Tierces, at Six Shillings and Five-pence the Tierce; Quantity of Cod Oil 3,000 Tons, at Twenty-three Pounds per Ton; Seal Oil 800 Tons, at Twenty-five Pounds per Ton: That they get few Seal Skins, the Duty upon them here being so high as to be almost a Prohibition of the Importation of them; but the New England People are exempted from the Payment of any Duty upon them: That the Returns from Abroad for the Produce of the British Fishery is made in Raw Materials, (fn. 2) Barills, Oil, and some Specie: That the nett Produce of the British Fishery amounts to about .500,000, all which centers in Great Britain: That all the Materials of the Ships employed in this Fishery are bought in Great Britain: That the greatest Part of the Profits arising from the American Fishery centres in America: That in War Time the British Fishery is not carried on with the same Advantage as the New England Fishery, as the New England Fishermen are exempted by Act of Parliament from being pressed, which the British Fishermen are not: That the Act of King William dont prevent the Americans from fishing on the Bank of Newfoundland, but only from drying their Fish on Shore: That he dont know if the whole Fishery, including the Whale Fishery, could be carried on by Great Britain only: That the Newfoundland Fishery carried on from Great Britain is the beneficial Nursery for Seamen: That he would not have the Fishery confined only to the Ports of Pool and Dartmouth, but would have it confined to Great Britain only: That if the American Fishery was stopt, other Places in Great Britain besides Pool and (fn. 3) Dorset would engage in it: That the French would gain no Share in it more than they have, as their Fisheries are bounded: That it would encrease the Number of British and Irish Fishing Vessels, and consequently encrease the Number of British Seamen: That the best-dried Fish are best for the Markets, and there are different Markets for all the different Sorts of Fish: The Italian Market is for small Fish: That in Time the British Fishermen would be able to equal the New England Fishermen, in curing Fish for the Bilboa Market: That in 1773 there was more Fish caught than was wanted, and that the Markets were glutted: That England can supply Half of the Fish for the American Markets this Year: That the French can only supply themselves: That he cant tell whether New England can sell Fish cheaper than Great Britain, but that they can afford to sell it cheaper: Whoever comes first to the Banks has the Right of Drying: That if New England was restrained for ever from this Fishery, it would be a Benefit to Great Britain: That he buys 300 Hogsheads from New England every Year: That he thinks if New England was deprived of their Fishery, they would not be able to import Goods from Great Britain: The Ships from Great Britain to Newfoundland now employed make but One Trip in a Year, but may make Two in future: The British Fish sell for One Pound a Ton, the American Fish from Fourteen Shillings to Twenty Shillings per Ton.

He was directed to withdraw.

Then Mr. George Davis was called in, and being sworn, acquainted the House, That he was a Newfoundland Merchant, and had been in that Trade for Twenty-four Years: That if the New England Fishery was stopt, the Foreign Markets might partly be supplied this, Year from Great Britain: That the French cannot encrease their Fishery on the Coast; and that their Fish are not approved of at Market, not being so well cured as ours: That of late Years the New England Fishery is much encreased, and the British Fishery very much decreased: That the British Ships employed in the Newfoundland Fishery are generally about 200 Tons Burthern, and their Number of Hands is One Man to Two Tons: That the Ships employed in the New England Fishery carry but Twelve Hands each: That the New England Fish are as good as ours, but not fit for the Italian Market: That the greatest Part of the Profits of the New England Fishery centres there, but a small Part is returned here for the Manufactures of this Country: That the New England Fish sometimes bears a better Price than ours: That the Foreign Markets might be supplied entirely from Great Britain if the New England Fishery was stopt: That it is not more expensive to fend Ships from Great Britain than New England: That the New England Men have more Wages than ours: That they begin to fish sooner than we, but it is very little Advantage to them: That our Men entering on Board their Fishing Ships is a great Hurt to the British Fishery: That the Witnesss Trade is from London; That if this Act should pass, he will reap Benefit from it: That he has already enlarged his Capital, and shall enlarge it more if the Act passes: That the Time of the New England Ships getting to Market depends upon the Seasons: That they get something sooner to the Markets, except the Spanish Markets, than the British Ships: That he knows no other Reason for the Italians preferring the small Fish than their Pride, which makes them prefer the having one whole Fish at Table rather than a Piece of a large Fish: That though all the Men carried out in the British Ships are not employed in Navigation, the greatest Part of them going out to be employed in the Fishery; yet all that are carried out return Seamen: That a New England Ship of 200 Tons carries about Fourteen or Sixteen Men, and has no Boats: That a British Ship has but One Boat, the Men being distributed in the Shalops for fishing.

He was directed to withdraw.

Then Molyneux Shuldham Esquire was called in, and being sworn, acquainted the House, That he has been Governor of Newfoundland for Three Years: That the Quantity of Cod caught last Year amounted to 759, 877 Quintals, at Nine Shillings a Quintal: That the Number of Men employed in this Fishery amounts to 23,652 (fn. 4) Men, all of whom become Sailors, That he has had great Complaints of the Outrages committed by the New England Crews employed in the Fishery: That they cannot take any Seamen out of the New England Ships, but that a great many are got out of the British Fishing Ships; That the New England Ships carry on an illicit Trade with the French: That they load with Provisions and Lumber, and go to meet the French Ships at Sea: That they fell them Ship and Cargo, and take French Manufactures and India Goods in Exchange; That the New England Ships carry Provisions to the French at Miquilon and Saint Piere, and he supposes they must have a Superfluity of Provisions; That they supply the French Fishermen with Flour from Indian Corn: That Numbers of our Seamen desert to the New England Ships: That the New England Seamen are not so good Seamen as ours: That in the last War very few of them were employed on Board our Men of War, perhaps there might be six or Ten of them on Board a Man of War of Sixty Guns: That if this temporary Restraint on the New England Fishery was made perpetual, it would be a Benefit to Great Britain.

He was directed to withdraw.

Then Sir Hugh Palliser Baronet was called in, and being sworn. acquainted the House, That in the Year 1768 he was Governor of Newfoundland: That the Number of Ships then employed in that Fishery was 389, Shalops 2,109, the Tonnage of which amounted to the Number of Men 19,198:That this Fishery is the best Nursery: That the Men are better for the Men of War than those taken out of the Colliers: That it would be impossible to man a Fleet but in a great while, if it was not for the Men they get from the Newfoundland Fishery: That few or no Seamen are got from the New England Fishery: That if the New England Fishery was entirely stopt, the French would not be benefited as the English are in Possession of the Markets: That he does not know any Thing about the Island of Nantucket: That whether the restraining of the New England Fishery is temporary or perpetual, it will be an Advantage to Great Britain: That the Fishery might be carried on from Great Britain, Ireland, Jersey, and Guernsey, which would greatly encrease the Nursery for Seamen: That the New England Ships carry Provisions to Saint Piere and Miquilon: That the New England Fishery would be an Advantage to Great Britain, if there was a Power given to press their Men.

He was directed to withdraw.

Ordered, That the further Consideration of the Said Bill be put off till To-morrow; and the Lords summoned.

Adjourn.

Dominus Cancellarius declaravit prsens Parliament turn continuandum esse usque ad et in diem Jovis, decimum sextum diem instantis Martii, hora undecima Auror , Dominis sic decernentibus.

Die Jovis, 16^o Martii 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Oxford Canal Bill.

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

With a Bill, intituled, An Act to amend an Act made in the Ninth Year of the Reign of His present Majesty, for making and maintaining a Navigable Canal from the Coventry Canal Navigation to the City of Oxford; to which they desire the Concurrence of this House.

The Said Bill was read the First Time.

Messages from H C. to return Whichcotes Bill:

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

To return the Bill, intituled, An Act for vesting the Estate of Christopher Whichcote Esquire and Jane his Wife, situate in the County of Wilts, entailed by the Will of Francis Tregagle Esquire, deceased, in Trustees, to be sold; and for applying the Monies arising by such Sale in discharging the Incumbrance therein mentioned, and for laying out the Remainder in the Purchase of other Lands and Hereditaments, to be settled to the same Uses; and to acquaint this House, that they have agreed to the same, without any Amendment.

and Sir Stafford Northcotes Estate Bill;

A Message was brought from the House of Commons, by Sir Richard Warwick Bampfylde and others:

To return the Bill, intituled, An Act to enable certain Trustees named in the Settlement of Sir Stafford Northcote Baronet, deceased, to raise a competent Sum of Money, by Way of Mortgage, of Part of the Hereditaments comprised in such Settlement, to be applied in completing the Purchase of an undivided Moiety or Half Part of the Manor of Iddesley, in the County of Devon, to be settled to the same Uses, and for the like Purposes, as the other undivided Moiety of the same Manor stands limited and charged by the Settlement and Will of the Said Sir Stafford Northcote; and to acquaint this House, that they nave agreed to the same, without any Amendment.

and Mayows Bill.

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

To return the Bill, intituled, An Act for vesting Part of the settled Estates of Philip Wynel Mayow Esquire, in Ashbrenton, alias Ashprington, in Devon in Trustees, to be sold, and for settling other Estates of greater Value in lieu thereof; and to acquaint this House, that they have agreed to the same, without any Amendment.

Balckburns Bill.

The Lord Scarsdale reported from the Lords Committees to whom the Bill, intituled, An Act to enable the Reverend John Blackburn, Vicar of the Parish and Parish Church of Bossall, in the County of York, to make and establish an Exchange of certain Messuages, Tenements, Lands, and Hereditaments, in the Said County of York, for other Lands and Hereditaments in the same County, belonging to Henry Brewster Barley Esquire, was committed: That they had considered the Said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto.

Which Amendments being read Twice by the Clerk, were agreed to by the House.

Ordered, That the Said Bill, with the Amendments, be engrossed.

Fulletby Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open Fields, Ings, Meadows, Common Pastures, and other Commonable Lands, within the Parish of Fulletby, in the County of Lincoln; to which they desire the Concurrence or this House.

The Said Bill was read the First Time.

Message from H C. to return Raynsfords Bill.

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

To return the Bill, intituled, An Act for vesting certain Estates and Chattels, devised by the Will of Richard Raynsford Esquire, deceased, and Part of certain Estates comprised in a Settlement made on the Marriage of Richard Raynsford the Younger, Esquire, in Trustees, to sell the same; and for applying the Money to arise by such Sale in such Manner as in the Said Act mentioned: and to acquaint this House, That they have agreed to the same, without any Amendment.

Clitherows Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act to exchange Lands between the Trustees of a certain Charity Estate at Hanwell, in the County of Middlesex, and William and Henry Berners Esquires, 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.

Jenkinss Divorce Bill; Petition that Service of the Older on Mrs. Jenkinss Agent may be deemed good Service.

A Petition of the Reverend John Jenkins, late of New Norfolk Street, in the Parish of Saint George Hanover Square, in the County of Middlesex, and now of Chesham in the County of Bucks, Clerk, was presented and read; setting forth, That, by an Order of this House made on Friday the 3d Day of this instant March, upon the First Reading of the Bill to dissolve the Marriage of the Petitioner John Jenkins with Mary Jenkins his Wife, the same was ordered to be read a Second Time on Monday the 20th Day of this instant March, and that the might have a Copy of the Bill, and Notice given her of the Said Second Reading: That the Petitioners Agent hath made diligent Enquiry After the Said Mary Jenkins, but hath not been able to find out where the is or may be seen: And therefore praying their Lordships, That the Service of the Said Order, with a Copy of the Said Bill, on Mr. Crickitt, who was concerned for the Said Mary Jenkins as her Proctor in the Consistory Court of the Bishop of London, and at the last Place of her Abode, may be effectual Service of the Said Bill and Order upon the Said Mary Jenkins.

And thereupon an Affidavit of John Turner, of the Truth of the Allegations of the Said Petition, being read:

Ordered, That Service of the former Order on the Said Mr. Crickitt, and at her last Place of Abode, and leaving an attested Copy of the Said Bill, be deemed good Service on the Said Mary Jenkins.

Sir Charles Cottrell Dormers Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for establishing and confirming Exchanges of divers Lands and Hereditaments in the Parish of Rowsham, in the County of Oxford, pursuant to Articles of Agreement between Sir Charles Cottrell Dormer, Benjamin Holloway Esquire, and the Reverend Harry Lee, and for other Purposes therein mentioned.

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 31st 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.

Yarmouth Gorleston Road Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for amending and widening the Road leading from Yarmouth Bridge through the Hamlet of South Town, otherwise Little Yarmouth, to Gorleston in the County of Suffolk.

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. Browning:

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

Stratford to enter into Recognizance on Doynes Appeal.

The House being moved, That Edward Stratford Esquire, may be permitted to enter into a Recognizance for Robert Doyne Esquire, on Account of his Appeal depending in this House, he living in Ireland:

It is Ordered, That the Said Edward Stratford may enter into a Recognizance for the Said Appellant, as desired.

Massachusetts Bay, &c. to restrain the Trade of, Bill.

The Order of the Day being read for the further Consideration of the Bill, intituled, An Act to restrain the Trade and Commerce of the Province of Massachusetts Bay and New Hampshire, and Colonies of Connecticut, and Rhode lsland and Providence Plantation, in North America, to Great Britain, Ireland, and the British Islands in the West Indies; and to prohibit such Provinces and Colonies from carrying on any Fishery on the Banks of Newfoundland, or other Places therein mentioned, under certain Conditions and Limitations; and for the Lords to be summoned.

It was moved, To commit the Bill.

Which being objected to:

After long 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:

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

Causes put off.

Ordered, That the Hearing of the Cause wherein John Bartlett Allen and Elizabeth his Wife, and others, are Appellants, and Frances Hancorn Widow, and others, are Respondents, which stands appointed for To-morrow, be put off to Monday next; and that the rest of the Causes be removed in course.

Adjourn.

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

Die Veneris, 17^o Martii 1775.

Domini tam Spirituales quam Temporales praesentes fuerunt:

PRAYERS.

Potterspury, &c. Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, in the Parish of Potterspury, and Hamlet of Yardley Gobyon, in the Said Parish of Potterspury; and also a Parcel of Land called Kenson Field, in the Parish of Cosgrave, in the County of Northampton, 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.

Hammer Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Wastes, Mosses, Heaths, and Commons, in the Parish of Hanmer, in the County of Flint, was committed.

Massachusetts Bay, &c. to restrain the Trade of, Bill.

The Order of the Day being read for the House to be in a Committee upon the Bill, intituled, An Act to restrain the Trade and Commerce of the Province of Massachusetts Bay and New Hampshire, and Colonies of Connecticut and Rhode Island and Providence Plantation in North America, to Great Britain, Ireland, and the British Islands in the West Indies; and to prohibit such Provinces and Colonies from carrying on any Fishery on the Banks of Newfoundland, or other Places therein mentioned, under certain Conditions and Limitations.

The House was adjourned during Pleasure, and put into a Committee upon the Said Bill.

After some Time the House was resumed:

And the Lord Scarsdale reported from the Committee, That they had gone through the Bill, and made several Amendments thereto, which he was ready to report when the House will please to receive the same.

Ordered, That the Said Report fee received on Monday next.

Hanwell Charity Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to exchange Lands between the Trustees of a certain Charity Estate at Hanwell, in the County of Middlesex, and William and Henry Berners Esquires.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Blackburns Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to enable the Reverend John Blackburn, Vicar of the Parish and Parish Church of Bossall, in the County of York, to make and establish an Exchange of certain Messuages, Tenements, Lands, and Hereditaments, in the said County of York, for other Lands and Hereditaments in the same County belonging to Henry Brewster Darley Esquire.

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 Mr. Holford and Mr. Browning:

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

Jenkinss Divorce Bill; Witnesses to attend.

Ordered, That Mrs. Ann Michelson, Edward Heslar, Nathan Ranger, Mary Henderson, and Mary Fling, do attend this House on Monday next, in order to be examined as Witnesses upon the Second Reading of the Bill, intituled, An Act to dissolve the Marriage of the Reverend John Jenkins Clerk, with Mary Jenkins his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.

D. Montagu et al. against L. Beaulieu et al.

A Petition of the Most Noble George Duke of Montagu and others, Appellants in a Cause depending in this House, to which the Right Honourable Edward Lord Beaulieu and others are Respondents, et e contra, was presented and read; setting forth, That this Cause stands appointed, by Order of their Lordships, to be heard on Wednesday next the 22d Instant; that John Dunning Esquire, One of the Petitioners Counsel, is gone out of Town; and will not return till Thursday next, being engaged to attend the Trial of certain Causes at the Assizes at Stafford and Salisbury. at which last Place the Assizes will not end till Wednesday next: And therefore praying, Their Lordships to adjourn the Hearing of this Cause till Friday next.

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

And being withdrawn:

Ordered, That the Hearing of this Cause be put off till Friday next, as desired.

Fulletby Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Fields, Ings, Meadows, Common Pastures, and other Commonable Lands, within the Parish of Fulletby, in the County of Lincoln.

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

PRAYERS.

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.

Tobacco, Account of Duties on, in Scotland, delivered.

The House being informed, That Mr. Rowe, from the Commissioners of the Customs in Scotland, attended:

He was called in; and delivered at the Bar, pursuant to an Order of the 14th Day of February last:

An Account of the Net Produce of the Duties and Customs on Tobacco in that Part of Great Britain called Scotland, from October 1769 to October 1774, distinguishing each Year.

And then he withdrew.

And the Title thereof being read by the Clerk:

Ordered, That the Said Account do lie on the Table.

Causes put off.

Ordered, That the Hearing of the Cause wherein John Bartlett Allen and Elizabeth his Wife, and others, are Appellants, and Frances Hancorn Widow, and others, are Respondents, which stands appointed for Monday next, be put off to Wednesday next; and that the rest of the Causes be removed in course.

Adjourn.

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

Die Lun, 20^o Martii 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Jenkinss Divorce Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, An Act to dissolve the Marriage of the Reverend John Jenkins Clerk, with Mary Jenkins his now Wife, and to enable him to marry again; and for other Purposes therein mentioned: and for hearing Counsel for and against the same:

Counsel were accordingly called in; and Mr. Maddocks, appearing as Counsel for the Bill but no Counsel appearing against it:

John Turner was called, in order to prove the Service of the Order for the Said Second Reading; and being sworn, acquainted the House, That he served Mrs. Jenkinss Proctor on Saturday last with the Order of this House for the Second Reading of the Bill, and at the same Time delivered to him a true Copy of the Bill.

He was directed to withdraw.

Then the Said Bill was read a Second Time, and Mr. Maddocks was heard in Support of the Bill, and to make out the Allegations thereof; and in order to prove the Marriage, called the Said John Turner, who produced an Extract from the Register of Marriages of the Parish Church of Low Layton, in the County of Essex, and declaring, That the same was a true Copy, he having examined it with the Original: The same was read, whereby it appeared that John Jenkins Clerk and Mary Lovell were married at the Said Parish Church on the 24th Day of July 1766.

He was directed to withdraw.

Then Edward Heslar was called in; and being sworn, acquainted the House, That he knows the Reverend Mr. Jenkins, but does not know Mrs. Jenkins; and that he was present at the Said Marriage, and officiated as Parish Clerk, the Parish Clerk being ill at that Time.

He was directed to withdraw.

Then Nathan Ranger was called in; and being sworn, acquainted the House, That he knows Mr. and Mrs. Jenkins: That in the Year 1771 he lived with Mr. Lovibond Collins as Coachman: That he used to fetch Mr. Collinss Breakfast from the Mount Coffee House: That he frequently went into Mr. Collinss Bed Chamber: That going into the Bed Chamber one Morning with his Mailers Breakfast, he saw Mrs. Jenkins in Bed with Mr. Collins: That Mrs. Jenkins used frequently to come and Breakfast with his Master: That on the Morning he saw her in Bed with Mr. Collins, she came to his Mailers whilst he was gone to the Coffee House to get his Breakfast: That he saw them both in Bed together under the Cloaths: That Mrs. Jenkins was dressed: That he saw her Face, and that her Head was then dressed in the same Manner as when the went from his Masters: That he, the Witness, was examined upon the Trial: That Mrs. Jenkins used to come frequently to breakfast with his Master, but never lay there all Night: That he has often drove Mr. Collins and Mrs. Jenkins to the Globe Tavern in Moorfields to dinner, and to other Places, where they used to flay Two Hours together: That Mr. Collins used to drive Mrs. Jenkins in his Phaeton to his Country House in Essex: That the stayed there a Week: That he went with them Twice or Thrice: That Mr. Collins lodged at One Time with Mr Jenkins but does not know the Reason why he left those Lodgings: That Mr. Jenkins was Once at Mr. Collins Country House in Essex: That when Mrs. Jenkins was at Mr. Collins Country House, there was no other Company there than Mr. Collins and Mrs. Jenkins.

He was directed to withdraw.

Then Mr. John Turner was again called in, and produced an Office Copy of the Judgement obtained in the Court of Common Pleas against the said Lovibond Collins for Criminal Conversation with the said Mrs. Jenkins.

Then Mr. Maddocks being asked, if he had no other Evidence to prove the Adultery, acquainted the House, That he had not, to prove the Adultery with Mr. Collins; but that he could prove Mrs. Jenkinss having committed Adultery with other Persons: But as that was not alledged either in the Petition for the Bill, or in the Bill itself, he prayed the House, if not satisfied with the present Evidence, that Mr. Jenkins might have Leave to withdraw the present Bill and Petition, with Liberty to present a new Petition for a Bill, in order to state in the Petition Mrs. Jenkins having committed Adultery with other Persons.

The Counsel was directed to withdraw.

Ordered, That the said Mr. Jenkins be at Liberty to withdraw the present Bill and Petition, and present a new Petition for another Bill, if he shall be so advised.

Fulletby Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open Fields, Ings, Meadows, Common Pastures, and other Commonable Lands, within the Parish of Fulletby, in the County of Lincoln, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Wheeldon et al Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Reverend John Wheeldon 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 to subject and charge the Prebend Manor of Mych Milton, in the County of Oxford, and the Lands, Tenements, and Hereditaments, thereunto belonging, with the Payment of Two several perpetual Yearly Rent Charges, or Annual Payments, to the Reverend John Wheeldon and his Sucessors, Prebendaries of the Prebend of Mych Milton aforesaid; and for divesting the Fee Simple and Inheritance thereof out of him and his Successors, and for vesting the same, so charged, in the Reverend Charles Sturges, his Heirs and Assigns.

Leeds Charity Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable the Lord Viscount Irwin 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.

Hodie1^a vice lecta est Billa, intituled, An Act for the Sale of certain Freehold and Copyhold Estates in the Parish of Leeds, in the County of York; and for enfranchising Part of such Copyhold Estates; and for applying the Money arising by Sale of the Premises for the Benefit of certain Charities within the said Parish of Leeds, to which the said Estates are now appropriated.

E. Session Leave to exhibit a Petition for a Bill.

Upon reading the Petition of the Right Honourable Sir Charles William Molyneux Baronet, Lord Viscount Molyneux of Maryborough, and Earl of Session in the Kingdom of Ireland; setting forth, That the Petitioner has granted unto several persons sundry Leases of a certain Piece or Parcel of Ground, comprised in his Marriage Settlement, for Thirty-one Years, determinable upon One, Two, or Three Life or Lives, at the most improved Yearly Rent: That such Leases being granted for longer Terms and other Considerations than by the Power of Leasing the Petitioner was enabled to grant, which has been discovered since the making the said Leases: That the said Leases must be null and void for any longer Term than is contained in the said Power, without the And and Assistance of Parliament, to the great Injury and Loss not only as well of the Original Lessees, and of the several Lessees under them, but also a great Prejudice to the Petitioner, and his Issue Male: That the Petitioner, since the last Day of presenting Petitions for Private Bills, has been apprized, that immediate Recourse is necessary to Parliament, for Assistance in the Premises: And therefore praying: their Lordships, That he may be at Liberty to exhibit a Petition for Liberty to bring in a Bill for the Purposes aforesaid:

It is Ordered, That the Petitioner be at Liberty to present his said Petition as desired.

Harvey and Benyon, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition Edward Harvey Esquire, Lieutenant General of His Majestys Forces, and Richard Benyon 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 I^a vice lecta est Billa, intituled, An Act for vesting a Freehold Estate, late of Eliah Harvey Esquire, deceased, called Buckhouse, otherwise Munckham, situate in the Parishes of Woodford and Chigwell, in the County of Essex, in Trustees, and their Heirs, in Trust, to sell and convey the same as therein mentioned; and for applying the Money arising by Sale thereof for the Benefit of Edward Harvey, an infant, his only Son and Heir at Law; and for the other Purposes therein mentioned.

Dean and Chapter of Worcester et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Reverend the Dean and Chapter of the Cathedral Church of Worcester, 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.

Hodie1^a vice lecta est Billa, intituled, An Act to enable the Dean and Chapter of the Cathedral Church of Worcester, and Rowland Berkeley Esquire, to make and establish an Exchange of certain Lands and Tythes in the Parish of Cotheridge, in the County of Worcester.

Potterspury, &c Enclosing Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, in the Parish of Potterspury, and Hamlet of Yardley Gobyon, in the said Parish of Potterspury, and also a Parcel of Land called Kenson Field, in the Parish of Cosgrave, in the County of Northampton.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Hanmer Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the, Wastes, Mosses, Heaths, and Commons in the Parish of Hanmer, in the County of Flint.

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. Montagu and Mr. Leeds:

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

Andrew et al. against Cornwall et al.

Upon reading the Petition and Appeal of James Andrew, Robert Clark, and James Henderson Merchant Counsellors of the Borough of Linlithgow; and of Thomas Henderson Deacon of the Incorporation of Weavers, all Members of the Town Council of Linlithgow, and also Burgesses and Inhabitants of the said Borough, complaining of Three Interlocutors of the Lords of Session in Scotland, of the 24th of January, and 1st and 4th of March 1775; and praying, That the same may be reversed or varied, 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 Thomas Cornwall Salt Officer, residing at Borrowstounness or Grange Pans, Thomas Dundas Land Surveyor of the Customs, residing at Borrowstounness, and John Cocks Skinner at Bellsmills in the Neighbourhood of Edinburgh, the Three pretended Merchants Counsellors of the said Borough elected at Michaelmas last; and Henry Gillies Provost of Linlithgow, Alexander Kennewie, William Gillies, William Napier, and James Watson, Baillies; Walter Adam Dean of Guild, and James Nairn Treasurer; George Bartholomew, Robert Cocks, Robert Andrew, Robert Cleland, David Balderston, and William Thomson Merchant Counsellors; John Brown Deacon of the Smiths, Robert Riddoch Deacon of the Taylors, James Duncan younger Deacon of the Baxters, Hugh Duncan Deacon of the Cordiners, Andrew Meikle Deacon of the Wrights, Alexander Nimmo Deacon of the Coopers, and Andrew Paul elder Deacon of the Fleshers; all of the said Borough, and Members of the said Town Council of Linlithgow elected at Michaelmas last, may be required to answer the said Appeal:

It is Ordered, That the said Thomas Cornwall, 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 Monday the 17th Day of April next; and Service of this Order upon the said Respondents, or upon their known Counsel, Attornies, or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Cope against Rose et al. Pleadings proved.

The House being informed, That John Rose Gentleman, attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause, wherein Arthur Cope Esquire is Appellant, and John Rose and others are Respondents:

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

And then he withdrew.

Massachusetts Bay, &c. to restrain the Trade of, Bill.

The Lord Scarsdale (according to Order) reported the Amendments made by the Committee of the whole House to the Bill, intituled. An Act to restrain the Trade and Commerce of the Province of Massachusetts Bay and New Hampshire, and Colonies of Connecticut, and Rhode Island and Providence Plantation in North America, to Great Britain, Ireland, and the British Islands in the West Indies; and to prohibit such Provinces and Colonies from carrying on any Fishery on the Banks of Newfoundland, or other Places therein mentioned, under certain Conditions and Limitations.

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

Pr. 8. L. 12. After [Guernsey], leave out [or]; and in the same Line, after [Jersey], insert [Sark, Alderney, or Man].

Pr. 9. L. 2. After [East Florida], leave put [or]; and in the same Line, after [West Florida], insert [Bahamas and Bermudas]

Pr. 9. L. 31. After [Vessels] insert [suspected to be].

Pr. 9. L. 35. After [Vessels] insert [as shall be found to be carrying on the said Fisheries].

Pr. 9. L. 38. Leave out [or], and in the same Line, after [Jersey], insert [Alderney, Sark, or Man].

Pr. 11. L. 13. After [notwithstanding] insert [Clause A.].

[Provided also, and be it enacted by the Authority aforesaid, That nothing in this Act contained respecting the Fisheries carried on by His Majestys Subjects in North America, shall extend, or be construed to extend, to any Ship or Vessel, being the Property of any of the Inhabitants of the Townships of Marshfield and Scituate, in the Province of Massachusetts Bay, employed in or carrying on the Mackarell, Shad, and Alewife Fisheries only; if the Matter or other Person having the Charge of any such Ship or Vessel as aforesaid, shall produce a Certificate under the Hand and Seal of the Governor or Commander in Chief of the Province of The Massachusetts Bay, Setting forth, that such Ship or Vessel (expressing her Name, and the Name of her Master, and describing her Built and Burthen), is the whole and entire Property of His Majestys Subjects of the said Townships of Marshfield and Scituate, and was the Property of One or more of them on or before the Twenty-fifth Day of March, in the Year One thousand seven hundred and seventy-five, which Certificate or Certificates such Governor or Commander in Chief is hereby authorised and required to grant.]

Pr. 12. L. 7 and 8. After [Great Britain] leave out [Ireland, and the British West Indian Islands].

Pr. 12. L. 17 and 18. Leave out [Ireland, and the British West Indian Islands].

Pr. 13. L. 31. After [between] insert [the said Colonies of Connecticut and Rhode Island, and Providence Plantation, and].

Pr. 13. L. 32 and 33. After [Great Britain], leave out [Ireland, and the British West Indian Islands].

Pr. 13. L. 35, 36, and 37. After [Colonies] leave out [of Connecticut, Rhode Island, or Providence Plantation].

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

Ordered, That the said Bill be read a third Time To-morrow, and the Lords summoned.

Annand et al. against Chesills et al.

Ordered, That the Hearing of the Cause, wherein Messieurs Annand and Colquhoun, of London, Merchants, and others, are Appellants, and Mrs. Helen Scott (formerly Chesills) and her Trustees, are Respondents, which stands appointed for To-morrow, be put off to Thursday next.

Auberys Nat. Bill.

John Peter Aubery took the Oaths appointed in order to his Naturalization.

Hodie 2^a vice lecta est Billa, intituled, An Act for Naturalizing John Peter Aubery.

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.

Adjourn.

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