House of Lords Journal Volume 35: April 1777 11-20

April 1777 11-20

DIE Veneris, 11^o Aprilis 1777.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sawley, &c.Canal Bill.

The Earl of Denbigh reported from the Lords Committees, to whom the Bill, intituled, "An Act for making and maintaining a Navigable Cut or Canal from the River Trent, in the Lordship of Sawley and Long Eaton, in the County of Derby, to or near Langley Bridge, in the Counties of Derby and Nottingham," 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."

Irvine against E. Aberdeen et. al.

The Order of the Day being read for hearing Counsel further in the Cause wherein Alexander Irvine of Drum, Esquire, is Appellant, and George Earl of Aberdeen, and others, are Respondents; being an Appeal, complaining of Three Interlocutors of the Lords of Session in Scotland, of the 21st of January, 28th of February, and 24th of July, 1771; also of Two other Interlocutors of the said Lords, of the 24th and 31st of July 1772; and also of another Interlocutor of the said Lords, of the 26th of June 1776; and praying, "That the same may be reversed."

The Counsel were accordingly called in.

Mr. Rae was heard for the Appellant upon the other Interlocutors.

Mr. Attorney General was heard for the Respondents upon the other Interlocutors.

The Lord Advocate for Scotland was heard also for the Respondents upon the other Interlocutors.

Mr. Solicitor General was heard to reply.

The Counsel were directed to withdraw.

Ordered, That the further Consideration of the said Cause be put off to Wednesday next.

Sir E. Swinburne's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain Messuages and Hereditaments, in the several Parishes of Kirkwhelpington, Lowick, and Simonburne, in the County of Northumberland, late Part of the Estate of Sir John Swinburne Baronet, deceased, in Trustees and their Heirs, in Trust to be sold, discharged from the Uses, Trusts, Charges, and Powers, in the Will of the said Sir John Swinburne mentioned; and for applying the Money to arise by Sale thereof in Manner therein mentioned; and for other Purposes therein expressed."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Wheatley's Bill:

Hodie 3^a vice lecta est Billa, intituled, " An Act for vesting certain Pieces or Parcels of Grounds and Hereditaments, in the County of Kent, Part of the Settled Estate of William Wheatley Esquire, in Trustees to be sold to Sir Sampson Gideon Baronet, pursuant to Agreement; and for laying out the Money arising by Sale thereof in the Purchase of other Lands or Hereditaments, to be settled to the same Uses."

The Question was put, " Whether this Bill shall pass?"

It was resolved in the Affirmative.

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

And Messages were, severally, ordered to be sent to the House of Commons, by Mr. Pechell and Mr. Hett:

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

Message from H. C. to return Braithwaite's Divorce Bill;

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

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

and Sir Thomas Broughton's Estate Bill;

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

To return the Bill, intituled, "An Act for Sale of Part of the Settled Estate of Sir Thomas Broughton Baronet, situate in the County of Stafford, and purchasing other Estates situate in the County of Chester, to be settled to the same Uses; and for extinguishing the said Sir Thomas Broughton's Power of making Leases for Lives, as to Part of his Settled Estate in the County of Chester, and making such Recompence to him for the same, as therein is mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Curson's Bill.

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

To return the Bill, intituled, "An Act to enable John Barnewall Curson Esquire, to settle a Jointure upon any Woman or Women he may hereafter marry;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Sawley, &c. Canal Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making and maintaining a Navigable Cut or Canal, from the River Trent, in the Lordship of Sawley and Long Eaton, in the County of Derby, to or near Langley Bridge, in the Counties of Derby and Nottingham."

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 ordered to be sent to the House of Commons, by the former Messengers:

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

Causes put off.

Ordered, That the hearing of the Cause, wherein Sophia Lady Cranston, and Michael Lade Esquire, her Husband, are Appellants, and George Lewis Scott and others, are Respondents, which stands appointed for Monday next be put off to Friday next; and that the rest of the Causes, on Cause Days, be removed in Course.

Hull's Bill.

Ordered, That the Sitting of the Committee upon the Bill, intituled, "An Act for discharging Part of the Settled Estates of Thomas Hull Esquire, in the Counties of Dorset and Devon, from the Uses and Trusts, of his Marriage Settlement, and for settling other Estates in the County of Devon, in lieu thereof; and for other Purposes;" which stands appointed for Tomorrow, be put off to Tuesday next.

Harvey's Bill.

Ordered, That the Sitting of the Committee upon the Bill, intituled, "An Act for vesting the Real and Personal Estate of John Harvey Gentleman, a Lunatick, in Trustees, in Trust to sell so much thereof as will be sufficient for the Payment of the Debts and Legacies of John Harvey his late Father, deceased; and for other Purposes therein mentioned;" which stands appointed for To-morrow, be put off to Tuesday next.

Magdalen College Leases Bill.

Ordered, That the Sitting of the Committee upon the Bill, intituled, "An Act to enable the President and Scholars of the College of Saint Mary Magdalen, in the University of Oxford, to grant Building Leases of certain Ground, Messuages, Houses, and Buildings, in the Parish of Saint John Southwark, in the County of Surrey;" which stands appointed for To-morrow, be put off to Tuesday next.

Brampton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing, the several Moors, Commons, and Waste Grounds, lying within the Manor and Parish of Brampton, in the County of Cumberland."

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

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

Farlam Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing, the several Moors, Commons, and Waste Grounds, lying within the Manor and Parish of Farlam, in the County of Cumberland."

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

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum sextum diem instantis Aprilis, hora undecima Auroræ Dominis sic decernentibus.

DIE Mercurii, 16^o Aprilis 1777.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Irvine against E. Aberdeen et al.:

The Order of the Day being read for the further Consideration of the Cause, wherein Alexander Irvine of Drum, Esquire, is Appellant, and George Earl of Aberdeen, and others, are Respondents; being an Appeal complaining of Three Interlocutors of the Lords of Session in Scotland, of the 21st of January, 28th of February, and 24th of July 1771; also of Two other Interlocutors of the said Lords, of the 24th and 31st of July 1772; and also of another Interlocutor of the said Lords, of the 26th of June 1776; and praying, "That the same may be reversed."

And due Consideration being had thereof accordingly;

The following Order and Judgement was made.

After hearing Counsel, as well on Wednesday as on Thursday and Friday last, upon the Petition and Appeal of Alexander Irvine of Drum, Esquire; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 21st of January, 28th of February, and 24th of July 1771; also of Two other Interlocutors of the said Lords, of the 24th and 31st of July 1772; and also of another Interlocutor of the said Lords, of the 26th of June 1776; and praying, "That the same might be reversed in so far as the same are complained of, 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 George Earl of Aberdeen, Mrs. Margaret Duff, Alexander Udny Esquire, her Husband, Patrick Duff, Captain Robert Duff, and the following Trustees and Executors of the deceased Alexander Thomson, Advocate in Aberdeen; Mrs. Catherine Skene his Relict, George Skene, William Thomson, Gilbert More, George and Alexander Mores, his Sons, William Shepherd, John Clerk, Alexander Carnegie, James Watson, and Andrew Thomson, Nephew and Heir at Law of the said deceased Alexander Thomson, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors of the 24th and 31st of July 1772, complained of in the said Appeal, be, and the same are hereby Affirmed: And it is further ordered and adjudged, That the other Interlocutors of the 21st of January, 28th of February, and 24th of July 1771, and the Interlocutor of the 26th of June 1776, also complained of in the said Appeal, be, and the same are hereby also Affirmed; but without Prejudice to any Satisfaction in Money that the Appellant may be entitled to in respect of any Claim he may have in virtue of the Agreement in 1733: And it is further ordered and adjudged, That the said Appeal be, and the same is hereby dismissed this House.

Scotch Game Bill.

A Message was brought from the House of Commons, by Sir George Suttie and others:

With a Bill, intituled, "An Act to restrain Apprentices, Tradesmen, and other unqualified Persons, from destroying the Game in that Part of Great Britain called Scotland; and for granting to Proprietors of Lands in Scotland, further Powers with regard to killing of Game;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

The House being informed, "That Mr. Mulso, from the Commissioners of Excise, attended:"

He was called in, and delivered at the Bar, pursuant to an Order in the last Session:

Plate, Persons liable to pay Duty, Account of, delivered.

An Account of such Persons to whom Circular Letters have been sent, by the Order of the Right Honourable the House of Lords, dated 13th May 1776; (viz.) To such as have not regularly paid the Duty on Household Plate; also, to such Persons who, there is Reason to suspect, have Plate, but who have made no Entry thereof; particularizing the Names of those Persons to whom such Letters have gone, and specifying those who have, and those who have not, complied with the Requisition of such Letters."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

E. Tyrconnel's Divorce Bill, Witnesses to attend.

Ordered, That Mrs. Elizabeth Blackwell, Mrs. Mary Mears, Mrs. Ann Pearce, Mr. Robert Lambert, and Mr. James Walley, do attend this House To-morrow, in order to their being examined as Witnesses on the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of George Carpenter Esquire, Earl of Tyrconnel, in the Kingdom of Ireland, with the Right Honourable Lady Frances Manners, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

Messages from H. C. to return Ld. R. Spencet's Estate Bill.

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

To return the Bill, intituled, "An Act for vesting in the Right Honourable Robert Spencer, commonly called Lord Robert Spencer, and the Most Noble George Duke of Marlborough, One of the Knights Companions of the Most Noble Order of the Garter, and the Heirs and Assigns of the said Duke of Marlborough, the Settled Estates of the said Lord Robert Spencer, situate in the County of Lincoln;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Abp. of Canterbury's Estate Bill.

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

To return the Bill, intituled, "An Act to enable the Archbishop of Canterbury and Daniel Ponton Esquire, to grant Building Leases, pursuant to an Agreement entered into for that Purpose;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Corpus Christi College Exchange Bill;

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

To return the Bill, intituled, "An Act for establishing and confirming Exchanges of divers Messuages, Lands, Tenements, and Hereditaments, situate, standing, lying, and being, within the Hamlet of Wighthill, in the Parish of Tackley, in the County of Oxford, pursuant to Articles of Agreement between the President and Scholars of Corpus Christi College, in the University of Oxford, and Simon Wisdome Esquire; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Whittington Enclosure Bill.

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

To return the Bill, intituled, "An Act for dividing and enclosing the Commons or Waste Lands, within the Manor of Whittington, in the County of Salop;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

Jones's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in Trustees and their Heirs, certain Estates of Philip Jones and Robert Berkeley Esquires, in the Counties of Kent and Sussex, in order to sell the same, and with Part of the Purchase Money to discharge certain Incumbrances thereon; and for laying out the Residue of the Purchase Money in the Purchase of other Estates to be settled to the same Uses as the said Estates to be sold, stand limited."

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 the House of Commons, by Mr. Pechell and Mr. Hett:

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

Hull's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for discharging Part of the Settled Estates of Thomas Hull Esquire, in the Counties of Dorset and Devon, from the Uses and Trusts of his Marriage Settlement, and for settling other Estates in the County of Devon in lieu thereof; and for other Purposes," stands committed, be revived, and meet To-morrow.

Harvey's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for vesting the Real and Personal Estate of John Harvey Gentleman, a Lunatick, in Trustees, in Trust to sell so much thereof as will be sufficient for the Payment of the Debts and Legacies of John Harvey, his late Father, deceased; and for other Purposes therein mentioned," stands committed, be revived, and meet on Friday next.

Magdalen College Leases Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act to enable the President and Scholars of the College of Saint Mary Magdalen, in the University of Oxford, to grant Building Leases of certain Ground, Messuages, Houses, and Buildings, in the Parish of Saint John Southwark, in the County of Surrey," stands committed, be revived, and meet on Friday next.

Farlam Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing, the several Moors, Commons, and Waste Grounds, lying within the Manor and Parish of Farlam, in the County of Cumberland," 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."

Brampton Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing, the several Moors, Commons, and Waste Grounds, lying within the Manor and Parish of Brampton, in the County of Cumberland," was committed.

Luck's Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for confirming and establishing an Exchange agreed to be made between the Right Honourable George Lord Onslow and Cranley, and William Luck Gentleman, and Edmund Luck, his Son," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto;" which Amendments being read Twice by the Clerk, were agreed to by the House.

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

Waterhouse's Charity Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for uniting and better regulating the Charities of Nathaniel Waterhouse, within the Town and Parish of Halifax, in the West Riding of the County of York," 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."

Ordered, That the said Bill be re-committed to the same Committee, and that they do meet to consider the same To-morrow.

Newington Lighting, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for lighting and watching the Turnpike Road leading from the Stone's End, next Blackman Street, in the Parish of Saint Mary Newington, in the County of Surrey, to the Bridge at Walworth, in the same Parish, and the several Roads, Ways, and Places, therein described, communicating therewith."

Weston under Wetheley Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, and other Commonable Lands, in the Parish of Weston under Wetheley, in the County of Warwick."

Monmouth Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act, passed in the Twenty-eighth Year of the Reign of King George the Second, for repairing and widening the several Roads therein mentioned, leading to, through, and from the Town of Monmouth."

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 o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Great and Little Bourton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Field, and Commonable Lands, lying within the Townships and Liberties of Great Bourton and Little Bourton, in the Parish of Cropredy, in the County of Oxford."

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

Their Lordships, or any Five of them, to meet on Wednesday, the Twenty-third Day of this Instant April, at the usual Time and Place; and to adjourn as they please.

Tibshelf Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, enclosing, and improving, certain Commons, Lands, and Grounds, in the Township of Tibshelf, in the County of Derby."

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

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

Message from H. C. to return Smith's Bill.

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

To return the Bill, intituled, "An Act to enable Thomas Assheton Smith Esquire, and William Henry Assheton Smith his Brother, to grant building, improving, and other Leases, of the Estates devised by the Will of William Smith Esquire, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Blair against Douglas and Co., Petition for a Bye-Day.

Upon reading the Petition of David Blair Esquire, Appellant, in a Cause depending in this House, and of Messieurs Douglas, Heron, and Company, Respondents thereto, which stands appointed for Hearing; setting forth, "That the Question under the present Appeal respects the Mode in which the Respondents Douglas, Heron, and Company, late Bankers in Ayr, shall account to the Appellant for Two Shares in the said Banking Company, which belonged to his deceased Brother, and to whom the Appellant is Executor. That, till the present Question is determined, upon which several other similar ones depend, the Affairs of the said Company, which are very extensive, cannot be arranged or adjusted, whereby great Inconvenience, as well as Loss, arises to a very great Number of People. That both Parties are exceedingly anxious to have this Point decided as expeditiously as possible;" and therefore praying their Lordships, That this Cause may be appointed for Hearing upon Tuesday, the Twenty-ninth Day of this Instant April, or any other Day their Lordships may think proper."

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Tuesday the 29th Day of this Instant April, as desired.

His Majesty's Message about the Civil List considered:

The Order of the Day being read, for taking into Consideration His Majesty's most Gracious Message to this House on Wednesday last:

The same was read by the Clerk.

And Consideration being had thereof;

Motion for Address thereupon:

Moved, "That an humble Address be presented to His Majesty, to return the Thanks of this House for His Majesty's most Gracious Message, by which His Majesty has been pleased to inform this House of the Exceedings of the Expences of His Majesty's Household and Civil Government, beyond the Revenue settled on His Majesty for defraying the same: And to assure His Majesty of the grateful Sense this House entertains of His Majesty's well-founded Reliance on the loyal and affectionate Attachment of this House to His Majesty's Person and Government; and that, fully convinced of the tender and disinterested Attention which His Majesty has shewn through the whole Course of His Reign, to the Ease and Welfare of His faithful People, this House will most readily concur in enabling His Majesty to discharge the Debts which occasion His Majesty's present Difficulties, and in making some farther Provision for the better Support of His Majesty's Household, and the Honour and Dignity of the Crown."

Amendment proposed, and disagreed to:

Then an Amendment was proposed to be made to the said Motion, by leaving out after the Words ["That an humble Address be presented to His Majesty"] the rest of the Motion, and inserting instead thereof the following Words:

To assure His Majesty of the inviolable Affection and Loyalty of this House, and that it is with the sincerest Affliction we find our Duty to His Majesty and our Country entirely incompatible with our Compliance with the Request made to us in His Majesty's Name.

That at a Time when the Increase of Publick Debt, attended with the Decrease of the British Empire, manifestly required the utmost Economy in the Management of the Revenues of the Crown, we cannot behold, without Astonishment and Indignation, a Profusion in Your Majesty's Ministers, which the greatest Prosperity of our Affairs could scarcely excuse.

That this House, with the most zealous Devotion to Your Majesty's true Interests, begs Leave to represent to Your Majesty, that we humbly apprehend, the clear Revenue of Eight hundred thousand Pounds a Year, which supported the Government and Court of Your Majesty's Grandfather, of happy Memory, in great Authority and Magnificence, is fully sufficient, (if managed by Your Majesty's Servants with the same Integrity and Economy), to maintain also the Honour and Dignity of Your Majesty's Crown, in that Reverence, in which we with, as much at least as those who have squandered away Your Revenues, to see it always supported. Parliament has already, in Consideration, (we suppose), of some Expences at the beginning of Your Majesty's Reign, discharged the Debts and Incumbrances on the Civil List to a very great Amount. Again to exceed the Revenue granted by Parliament, without its Authority, and to abuse its Indulgence, in paying one Debt, by contracting, in so short a Time, another and a greater, is, on the First View, a criminal Act. Your Majesty's Ministers ought to have laid some Matter before this House, tending to shew that Your Majesty's Government could not be reputably supported on the Provision made by Parliament; whereas they have only laid before us the Heads on which they have exceeded, without any Thing which can tend either to justify or excuse the Excess; and the only Reason given to us for paying that Debt is, that Your Majesty's Ministers have incurred it.

With Regard to the further Increase of Your Majesty's Civil List Revenues, we must decline any Concurrence therein, not solely from Motives of Economy, (though at no Time more strictly required), but from a Dread also of the Effect of such an Augmentation on the Honour and Integrity of Parliament, by vesting such large Sums, without Account, in the Hands of Ministers. When an Opinion is known to prevail, and which we have no Means of contradicting, that Your Majesty's Civil List Revenues are employed in creating an undue Influence in Parliament, it would be extremely unbecoming of us to vote, without manifest Reason, great Sums out of the Property of Your Majesty's Subjects, which are supposed to be applied to our private Emolument. It is our Duty to attend to the Reputation of Parliament. And we beg Leave to represent to Your Majesty, that a further Increase of the present overgrown Influence of the Crown, would be a treacherous Gift from Parliament, even to the Crown itself; as it will enable the Ministers to carry on those delusive Systems which have been satally adopted, and which, if pursued, must lead to the utter Ruin, as they have already produced the Distraction, of this Once great Empire."

Which being objected to:

After long Debate;

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Motion?"

It was resolved in the Affirmative.

Then it was moved, "To agree with the said Address as at first proposed."

Which being objected to:

After Debate;

The previous Question was put, "Whether the said Question shall be now put?"

It was resolved in the Affirmative.

Then the main Question was put, "Whether to agree to the said Address as at first proposed?"

It was resolved in the Affirmative.

DISSENTIENT.

Protest there upon.

For the Reasons contained in the Amendment proposed and rejected, videlicet, in lieu of the above Address to substitute the following:

To assure His Majesty of the inviolable Affection and Loyalty of this House, and that it is with the sincerest Affliction we find our Duty to His Majesty and our Country entirely incompatible with our Compliance with the Request made to us in His Majesty's Name.

That at a Time when the Increase of Publick Debt, attended with a Decrease of the British Empire, manifestly required the utmost Economy in the Management of the Revenues of the Crown, we cannot behold, without Astonishment and Indignation, a Profusion in Your Majesty's Ministers, which the greatest Prosperity of our Affairs could scarcely excuse.

That this House, with the most zealous Devotion to Your Majesty's true Interests, begs Leave to represent to Your Majesty, that we humbly apprehend the clear Revenue of Eight hundred thousand Pounds a Year, which supported the Government and Court of Your Majesty's Grandfather, of happy Memory, in great Authority and Magnificence, is fully sufficient, (if managed by Your Majesty's Servants with the same Intergrity and Economy), to maintain also the Honour and Dignity of Your Majesty's Crown, in that Reverence, in which we with, as much at least as those who have squandered away Your Revenues, to see it always supported. Parliament has already, in Consideration (we suppose) of some Expences at the beginning of Your Majesty's Reign, discharged the Debts and Incumbrances on the Civil List, to a very great Amount. Again to exceed the Revenue granted by Parliament, without its Authority, and to abuse its Indulgence in paying one Debt, by contracting, in so short a Time, another and a greater, is, on the First View, a criminal Act. Your Majesty's Ministers ought to have laid some Matter before this House, tending to shew that Your Majesty's Government could not be reputably supported on the Provision made by Parliament; whereas they have only laid before us the Heads on which they have exceeded, without any Thing which can tend either to justify or excuse the Excess; and the only Reason given to us for paying that Debt is, that Your Majesty's Ministers have incurred it.

With Regard to the further Increase of Your Majesty's Civil List Revenues, we must decline any Concurrence therein, not solely from Motives of Economy (though at no Time more strictly required), but from a Dread also of the Effect of such an Augmentation on the Honour and Integrity of Parliament, by vesting such large Sums, without Account, in the Hands of Ministers. When an Opinion is known to prevail, and which we have no Means of contradicting, that Your Majesty's Civil List Revenues are employed in creating an undue Influence in Parliament, it would be extremely unbecoming of us to vote, without manifest Reason, great Sums out of the Property of Your Majesty's Subjects, which are supposed to be applied to our private Emolument. It is our Duty to attend to the Reputation of Parliament. And we beg Leave to represent to Your Majesty, that a further Increase of the present overgrown Influence of the Crown, would be a treacherous Gift from Parliament, even to the Crown itself; as it will enable the Ministers to carry on those delusive Systems which have been fatally adopted; and which, if pursued, must lead to the utter Ruin, as they have already produced the Distraction, of this Once great Empire."

Abingdon.
Abergavenny.
Archer.
King.
Thanet.
Torrington.
Stamford.
Effingham.
Portland.
Richmond.
Rockingham.
Fitzwilliam.
Devonshire.
Manchester.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum septimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 17^o Aprilis 1777.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King's Answer to Address of Yesterday.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Address of Yesterday; and that His Majesty was pleased to say, He returns His Thanks for the ready Disposition of this House to concur in such Measures as may contribute to enable Him to remove the Difficulties occasioned by the Debt contracted in His Civil Government, and in making some further Provision for the better Support of His Household, and the Honour and Dignity of His Crown."

Luttrell against L. Irnham: Pleadings proved.

The House being informed, "That Walter Sweetman Gentleman, attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause wherein the Honourable Henry Lawes Luttrell is Appellant, and Simon Lord Irnham is Respondent:"

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

And then he withdrew.

Luck's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming and establishing an Exchange agreed to be made between the Right Honourable George Lord Onslow and Cranley, and William Luck Gentleman, and Edmund Luck his Son."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Brewton, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering and enlarging the Powers, of an Act of Parliament, made in the Twenty-ninth Year of the Reign of His late Majesty, for repairing and widening several Roads leading from and near the Town of Brewton, in the County of Somerset; and for repairing and widening the Street from the North or North East End of Coombe Street, along Patwell Street, in the said Town of Brewton, to the South or South East Side of Dymond's River."

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

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

Weston under Wetheley Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, and other Commonable Lands, in the Parish of Weston under Wetheley, in the County of Warwick."

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.

Cunyngham et al. against Cunyngham et al. Petition for a Bye-Day.

Upon reading the Petition of Robert Myrton Cunyngham Esquire, and his Tutors, Appellants in a Cause depending in this House, and of David Cunyngham Esquire, and his Tutors, Respondents thereto, which stands appointed for hearing; setting forth, "That the Question on the present Appeal respects the Succession to the Estate of Gogar, which is claimed by Two Brothers, the Appellants and Respondents in this Cause. That till this Point is fixed, the Affairs of their Family cannot be settled, and one or other of the Parties may, in certain Events, which may fall out during any Delay of hearing this Cause, sustain very considerable and irreparable Loss. That to prevent all Distraction and Distress in the Affairs of this Family, both Parties are anxious to have the Cause heard;" and therefore praying their Lordships, "That this Cause may be set down for hearing on Tuesday, the 6th Day of May next."

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Tuesday the 6th Day of May next, as desired.

Causes put off.

Ordered, That the hearing of the Cause wherein Sophia Lady Cranston, and Michael Lade Esquire, her Husband, are Appellants, and George Lewis Scott and others, are Respondents, which stands appointed for To-morrow, be put off to Monday next; and that the rest of the Causes, on Cause Days, be removed in Course.

Farlam Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing, the several Moors, Commons, and Waste Grounds, lying within the Manor and Parish of Farlam, in the County of Cumberland."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Brampton Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing, the several Moors, Commons, and Waste Grounds, lying within the Manor and Parish of Brampton, in the County of Cumberland."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

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

And Messages were, severally, ordered to be 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.

E. Tyrconnel's Divorce Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of George Carpenter Esquire, Earl of Tyrconnel, in the Kingdom of Ireland, with the Right Honourable Lady Frances Manners, 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; and for the Lords to be summoned:

Counsel were accordingly called in:

And Mr. Mansfield and Mr. Leigh appearing as Counsel for the Bill; but no Counsel appearing against it:

Mr. Robert Dineley 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 Lady Tyrconnel personally with the Order of this House for the Second Reading of the Bill, and at the same Time delivered to her a true Copy of the Bill; and that her Ladyship said it was very well."

He was directed to withdraw.

Then the said Bill was read a Second Time, and Mr. Mansfield was heard in Support of the Bill.

Then Mr. Leigh proceeded to make out the Allegations of the Bill; and in order to prove the Marriage, called Mr. William Witham; who being sworn, produced an Extract from the Register of Marriages of the Parish Church of Chiswick, in the County of Middlesex, and declaring, "That the same was a true Copy, he having examined it with the Original." The same was read, whereby it appeared, that the Right Honourable George Carpenter Earl of Tyrconnel, in the Kingdom of Ireland, and the Right Honourable Lady Frances Manners, (the natural and lawful Daughter of the late most Honourable John Manners deceased, commonly called Marquis of Granby), Spinster, a Minor, were married by Special Licence at Sutton Court House, in the County of Middlesex, on the 9th Day of July 1772.

He was directed to withdraw.

Then the said William Witham was again called in; and produced an Office Copy of the Judgement obtained in the Court of King's Bench on the 10th of February last against Charles Smith of Enderby, in the County of Leicester Esquire, for criminal Conversation with the said Lady Frances Manners.

He was directed to withdraw.

Then Mark Holman, Deputy Register of the Consistory Court of the Bishop of London, was called in; and being sworn, produced the original Definitive Sentence of Divorce in the said Court against the said Lady Frances for Adultery.

He was directed to withdraw.

Then Mrs. Blackwell was called in; and being sworn, acquainted the House, "That she was a Midwife, and had attended Lady Tyrconnel in that Capacity, at the following Periods; the First was in April 1773, when she delivered her Ladyship of a dead Child, being a Girl; the Second was in August 1774, when her Ladyship miscarried; and the last Time was on the 24th of March 1777, when she delivered her of a Son, which died the next Day, and did not live Twenty-four Hours: That the Child died of Con vulsion Fits: That the did not see it die, but saw it the next Day when it was dead."

She was directed to withdraw.

Then Samuel Dickweed was called in; and being sworn, acquainted the House, "That he lately lived with the Earl of Tyrconnel as his Servant; that he left his Lordship on the 6th of January last; that he knows Mr. Smith, and has frequently seen him with Lady Tyrconnel at Lord Tyrconnel's House; that Lady Tyrconnel eloped from his Lordship on the 13th of July last, first sending him and the rest of the Servants out of the Way: That being informed her Ladyship was gone to Glanville Street, he went out of Curiosity on the 19th of June to see if it was true, where he found her looking out of a Window, and Mr. Charles Smith in the Room with her; that she put too the Window Shutters and took up the Candle and went into a back Room, which he perceived them to do by the Shutters going back a little: That her Ladyship returned in about a Quarter of an Hour, threw up the Sash, and looked out of the Window again; that he watched them 'till Eleven o'Clock at Night, and then left Lady Tyrconnel and Mr. Smith together."

He was directed to withdraw.

Then Robert Lambert Upholsterer, was called in; and being sworn, acquainted the House, "That he went with Mr. Smith to Stanford Brooke, near Turnham Green, and took a Lodging there by Mr. Smith's Direction, for, as he said, a Lady of Fashion; but that he, the Witness, never saw the Lady."

He was directed to withdraw.

Then James Warner was called in; and being sworn, acquainted the House, "That he was employed as a Coachman by Mr. Clarke a Coach-master, who lets out Coaches; that by his Master's Directions he took up a Lady and Gentleman at a House in Rathbone Place, at Eight o'Clock in the Evening; that they ordered him to go to Hammersmith; that having drove past it, they stopped him, and bid him drive to Stanford Brooke, which he did; that when they got there, all the People of the House were in Bed; that he at last made them get up and let the Lady and Gentleman in; that he did not know the Lady, who went by the Name of Porter; that the Gentleman and Lady continued there together for Two Nights and Days; and that he afterwards drove the Lady for Three Weeks."

He was directed to withdraw.

Then Ann Pearce was called in; and being sworn, acquainted the House, "That in May 1776 she lived as Servant with Mr. John Pollard an Auctioneer, at Stanford Brooke, and continued to live with him there until about October last: That about Noon, on a Saturday in last July, one Mr. Lambert, who she knew, and a Gentleman she did not know, but afterwards knew was Mr. Charles Smith, came to Mr. Pollard's House, when he and his Wife were in Town, and after seeing the House and Garden, Mr. Smith asked, if a Family could come into the House that Night; and if she would quit it: That about Twelve o'Clock that Evening, Mr. Smith came again and brought with him Lady Tyrconnel: That Mr. Smith asked, if there was any Thing in the House for Supper; that there being nothing but Bread and Cheese, they eat of that, and drank Part of a Bottle of Red Wine; that she asked if they would want Dinner the next Day, as the Butcher would not call in the Morning, she must go to Market, when her Ladyship ordered, with great Chearfulness, Ribs of Lamb and a Fowl, as they should both dine there: That Lady Tyrconnel seemed desirous for her to go to Bed, and told her to go to Bed, as she was not wanted: That she told her she could not do that, having the Care of the House, she must take Care of the Fire and Candle, and lock the Doors: That Mr. Smith asked, if the Beds were ready; that she told him she had only got her Master's Bed ready; upon which he desired the other to be sheeted, which it was, and the Lady went into her Master's Room, and her the Witness into her own, about One o'Clock in the Morning; after which she heard them talk together, but apprehends they spoke French, as she could not understand what they said, though she was near enough to have known, had they spoke English; and when she got up, she perceiving Mr. Smith's Bed Chamber Door open, her Curiosity led her into the Room, where she found the Bed and the Pillow in the same State as she had left them over Night; and she is certain had not been lain in; but when she went to make the Bed in which the Lady lay, and in which Two Pillows were left, supposing it to be for Man and Wife, the Bed was very much tumbled, and she plainly perceived, that Two Persons had lain there that Night: That Mr. Smith came down that Morning about Twelve, walked into the Garden, when her Ladyship threw up the Sash and talked to Mr. Smith, she believed without any Thing on but her Stays and Petticoats, and without any Thing over her Neck, as, upon Mr. Smith's ordering her to go up to the Room, she found my Lady in that Situation, and assisted her Ladyship in lacing on her Stays: That they breakfasted together, afterwards walked out for an Hour; that he went to London at Two, ordered Dinner at Six, and returned and dined with my Lady at that Hour; after Dinner they walked out together about Two Hours till Nine o'Clock, when they returned, drank Tea together, and sat till between Eleven and Twelve o'Clock at Night, when they went up Stairs as before, and the next Morning the Beds appeared in the same State as the Night before; from which she is well convinced that the said Mr. Smith and Lady Tyrconnel lay together in the same Bed, and does believe they did as they pleased, and that they committed Adultery together."

She was directed to withdraw.

Then Mary Mears was called in; and being sworn, acquainted the House, "That she lived Servant with Mrs. Hooper in Glanville Street; that she knew Mr. Smith, and that he visited Lady Tyrconnel in July last at her Mistress's House."

She was directed to withdraw.

Then Samuel Dickweed was again called in; and being examined, "Whether Lady Tyrconnel ever returned to her Husband since her Elopement," said, He believed not, as he never saw her during his Stay with his Lordship afterwards."

He was directed to withdraw.

Then Samuel Merritt was called in; and being sworn, acquainted the House, "That he lived with Lord Tyrconnel at the Time her Ladyship eloped; and that he continued still to live with his Lordship; and that he is certain Lady Tyrconnel never returned again to her Husband."

He was directed to withdraw.

The Counsel were directed to withdraw.

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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum Octavum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 18^o Aprilis 1777.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Speirs et al. against Dunlops et al.

The Answer of Thomas and William Dunlops, and others, Trustees for the Creditors of John Carlisle and Company, Merchants in Glasgow, to the Appeal of Alexander Speirs, and others, Trustees for the Creditors of James Dunlop, late Merchant in Glasgow, was this Day brought in.

Egerton's Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for Sale of the Settled Estate of Philip Egerton Esquire, in the County of Flint; and for investing the Money in the Purchase of other Estates, to be settled to the same Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Clarke's Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to confirm and establish Articles of Agreement for a Partition or Division of Lands and Hereditaments in the Counties of Northampton and Warwick, the Estates of John Clarke Esquire and Mary his late Wife, deceased; and for settling the same to the Uses therein mentioned," was committed.

Ordered, That the said Bill be engrossed.

Harvey's Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for vesting the Real and Personal Estate of John Harvey Gentleman, a Lunatick, in Trustees, in Trust, to sell so much thereof as will be sufficient for the Payment of the Debts and Legacies of John Harvey his late Father, deceased; and for other Purposes therein mentioned," was committed.

Ordered, That the said Bill be engrossed.

Magdalen College Leases Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enable the President and Scholars of the College of Saint Mary Magdalen, in the University of Oxford, to grant Building Leases of certain Ground, Messuages, Houses, and Buildings, in the Parish of Saint John Southwark, in the County of Surrey," was committed.

Tibshelf Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, enclosing, and improving, certain Commons, Lands, and Grounds, in the Township of Tibshelf, in the County of Derby," was committed.

Monmouth Road Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Term and Powers of an Act, passed in the Twenty-eighth Year of the Reign of King George the Second, for repairing and widening the several Roads therein mentioned, leading to, through, and from the Town of Monmouth," 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."

Jackson's Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable William Jackson and Hannah his Wife, to carry into Execution an Agreement for Sale of certain Hereditaments situate at or near Barney, in the County of Norfolk, (being their Settled Estate) to Richard Reeve the younger, Gentleman; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the Uses to which the said Settled Estate doth now stand limited," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto;" which Amendments, being read Twice by the Clerk, were agreed to by the House.

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

Barnes's Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting the Real Estates late of Ann Phillips Spinster, now the Wife of Henry Barnes Gentleman, comprized in their Marriage Settlement, situate in the County of Salop, in Trustees to be sold; and for applying the Purchase Money for the Purposes in the Act mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some 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.

Hull's Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for discharging Part of the Settled Estates of Thomas Hull Esquire, in the Counties of Dorset and Devon, from the Uses and Trusts of his Marriage Settlement, and for settling other Estates in the County of Devon, in lieu thereof; and for other Purposes," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto;" which Amendments, being read Twice by the Clerk, were agreed to by the House.

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

Waterhouse's Charity Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for uniting and better regulating the Charities of Nathaniel Waterhouse, within the Town and Parish of Halifax, in the West Riding of the County of York," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto;" which Amendments, being read Twice by the Clerk, were agreed to by the House.

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

Trattle's Bill.

The Lord Hume reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting certain Messuages, Lands, Tenements, and Hereditaments, in the Isle of Wight, the Settled Estate of Elizabeth Trattle of Cardiff, in the County of Glamorgan, Widow; and also a certain Messuage and Lands, and Hereditaments, of the Warden and Scholars, Clerks, of Saint Mary College of Winchester, near Winchester, in the County of Southampton, in Trustees, in Trust, to sell and convey Part of the said Settled Estate; and also the said Estate of the said Warden and Scholars, Clerks, to Sir Richard Worsley Baronet, and other Part of the said Settled Estates to the said Warden and Scholars, Clerks; and to apply Part of the Money arising from such Sale, in paying off an Incumbrance affecting Part of the said Settled Estate; and for laying out the Residue of the said Money, in the Purchase of other Lands and Hereditaments, to be settled to the like Uses; and to enable the said Warden and Scholars, Clerks, to take a Conveyance of that Part of the said Settled Estates intended to be conveyed to them," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made One Amendment thereto."

Ordered, That the said Bill be re-committed to the same Committee; and that they do meet to consider the same on Monday next.

York Buildings Company Estate Bill, Judges Report.

After reading and considering the Report of the Judges, to whom was referred the Consideration of the Bill, intituled, "An Act for expediting the Sale of Estates in Scotland belonging to the York Buildings Company, for the Relief of their Creditors."

Ordered, That the said Bill may be read a Second Time.

The said Bill was read a Second Time accordingly.

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

Their Lordships, or any Five of them, to meet on Monday, the 5th Day of May next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Luttrell against Ld Irnham.

A Petition of the Right Honourable Simon Lord Baron Irnham of the Kingdom of Ireland, Respondent, in a Cause depending in this House, wherein the Honourable Henry Lawes Luttrell is Appellant, which stands appointed for Hearing, was presented and read; setting forth, "That the Petitioner having been seized and possessed of the Mansion House, Demesne Park, and Paddock, of Luttrellstown, in the County of Dublin and Kingdom of Ireland, did, by Indenture of Lease, bearing Date the 24th Day of May 1769, demise the same unto the Honourable Henry Lawes Luttrell, the Son of the Petitioner, for a Term of Seven Years from the First Day of May then Instant, provided the Petitioner and the said Henry should so long live, subject unto the annual Rent of Four hundred Pounds and thereupon the said Henry Lawes Luttrell entered into, and from thenceforth continued in the Possession of those Premises, by virtue of the before mentioned Lease thereof; that the said Term expiring on the 1st Day of May 1776, and the said Henry Lawes Luttrell then peremptorily refusing to deliver the Possession of the demised Premises unto the Suppliant, as he was bounden to have done, and having forcibly detained the same, the Petitioner, on the 3d Day of May 1776, exhibited a Possessory Bill in the Court of Chancery of Ireland, against the said Henry Lawes Luttrell and One Francis M^cFarland, his Assistant in forcibly detaining the said Possession; and by that Bill the Petitioner prayed the Injunction of the said Court unto the said Parties, requiring them to restore such Possession unto the Petitioner; and upon their Default in so doing, praying an Injunction to the Sheriff of the said County of Dublin, commanding him to restore such Possession unto the Petitioner, and to quiet and protect him therein: That such Mode of Proceeding in Cases of like Nature has been of long Time adopted by and established in Courts of Equity in Ireland; and the Proceedings in such Cases are carried on with a Degree of Expedition, not usual in other Causes; and upon such Bills, in the Nature of Possessory Suits, Personal Interrogatories are always exhibited unto the Parties complained of, which they are to answer, if resident in, or within Ten Miles of Dublin, within Six Days; and after which Answer, One Month only is allowed for Examination of Witnesses by both Parties: That the Personal Interrogatories in the said Cause were duly exhibited unto the Defendants therein, upon the 17th Day of May 1776; notwithstanding which, those Defendants, although resident in, or within Five Miles of the City of Dublin, did not answer those Interrogatories until the 18th Day of July 1776; and then, by denying the due Execution of the said Lease, compelled the Petitioner to have Recourse to the Testimony of a subscribing Witness thereto, in order to prove such Execution of that Deed; and the Hearing of said Cause was afterwards postponed upon Application upon the Part of the Desendants therein; and the said Cause, after a further Attempt to postpone the same by the said Defendants, made on the very Day of Hearing, came on to be heard in the said Court of Chancery upon the 26th and 27th Days of February, 1st and 3d March 1777; upon the last of which Days the Lord Chancellor of Ireland was, without Hesitation, pleased to decree, That such Injunction as was desired by the Petitioner's said Bill, should issue to that Effect. That the Counsel of the said Henry Lawes Luttrell having, upon pronouncing such Decree, mentioned his Intention of appealing therefrom unto their Lordships, and of prosecuting such Appeal with all Diligence, the Lord Chancellor was pleased to suspend the issuing of the said Injunction; which Writ the Petitioner would otherwise have been entitled immediately to issue, and which, as the Petitioner apprehends, was in such Manner suspended purely in Expectation that the Determination of their Lordships would speedily be had upon such Appeal: That the said Henry Lawes Luttrell and his Co-Defendant's Petition of Appeal from the said Decree has been received by, and is now depending before, their Lordships; and if the Decision thereof shall be long deferred, and the hearing thereof postponed until the next Session of Parliament, not only the said Appellants will be gratified by an Indulgence in Delay, which has been their great Object hitherto in this Cause, but the Petitioner, who has been declared by the said Court of Chancery entitled to the Possession of the said Premises, may for a long Time be deprived of all Enjoyment and Benefit of those Premises, which have been the Family Seat and Residence of the Petitioner and his Ancestors for many Centuries, and which are the only Seat or Country Residence which the Petitioner has in Ireland; and the Petitioner is ready and willing to expedite the Hearing of the said Appeal with all Celerity; and for that Purpose, to admit all the Proceedings and Proofs which were used on the Part of the Defendant in the said Court of Chancery upon the before mentioned Hearing, to be read at their Lordships Bar, without Proof of the comparing thereof, those used upon the same Occasion upon Behalf of the Petitioner, being in like Manner admitted before their Lordships;" and therefore praying their Lordships, "To take the Petitioner's Case into Consideration; to appoint a speedy Time for hearing the said Appeal, and to grant to the Petitioner such other Relief as to the great Wisdom of their Lordships shall seem proper."

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

And being withdrawn;

Ordered, That the said Petition be rejected.

Buckingham Church Bill.

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

With a Bill, intituled, "An Act for building a new Church within the Town and Parish of Buckingham;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Flemyng's Petition claiming the Earldom of Wigtoun, &c.

The Earl of Suffolk (by His Majesty's Command) presented to the House a Petition of Hamilton Flemyng Esquire, claiming the Title and Dignity of Earl of Wigtoun, Lord Flemyng and Cumbernauld; and His Majesty's Reference thereof to this House; and the same were read by the Clerk as follow:

To the King's most Excellent Majesty.

The humble Petition of Hamilton Flemyng Esquire, claiming the Title and Dignity of Earl of Wigtoun, Lord Flemyng and Cumbernauld;

Sheweth,

That John, the Sixth Lord Flemyng, was by King James the Sixth dignified with the Title of Earl of Wigtoun to him and the Heirs Male of his Body:

That the said Dignity descended lineally in the Male Line to Charles the Seventh Earl of Wigtoun, who dying unmarried in the Year One thousand seven hundred and forty-seven, without Issue, and all the other intermediate Male Descendants of John the First Earl of Wigtoun, being also dead, the Title, Honour, and Dignity thereby descended upon Charles Ross Flemyng, Your Petitioner's Father, the Heir Male of the Body by lineal Descent, of John the First Earl of Wigtoun, Lord Flemyng and Cumbernauld:

That Your Petitioner's Father died in the Year One thousand seven hundred and sixty-eight, leaving Issue, Your Petitioner his only Son:

That Your Petitioner being advised, and humbly conceiving, that the Right of succeeding to the Title, Honour, and Dignity, does by Law and Justice belong to Your Petitioner, as the nearest Heir Male now existing of John the First Earl of Wigtoun, and being ready to make out and prove his Pedigree and Descent:

Your Petitioner therefore humbly prays Your most Excellent Majesty, That it may be declared and adjudged that Your Petitioner is entitled to the Title, Honour, and Dignity of Earl of Wigtoun, Lord Flemyng and Cumbernauld.

And Your Petitioner shall ever pray.

"H. Flemyng."

St. James's, April 17th, 1777.

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 Petitioner's 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 Majesty's Attorney General, and His Majesty's Advocate for Scotland.

Prudhoe and Ovingham Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing certain Tracts of Waste Grounds, Moors or Commons, within the Manor and Barony of Prudhoe, and Parish of Ovingham, in the County of Northumberland;" to which they desire the Concurrence of this House.

Halifax to Sheffield Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road from the Town of Halifax, in the West Riding of the County of York, to the Town of Sheffield, in the same Riding;" to which they desire the Concurrence of this House.

Wapping Streets Bill.

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

With a Bill, intituled, "An Act for opening Communications between Wapping Street and Ratcliff Highway, and between Old Gravel Lane and Virginia Street; and for paving certain Streets intended to be built, and also certain other Streets and publick Passages and Places, within the Parishes of Saint George and Saint John of Wapping, in the County of Middlesex;" to which they desire the Concurrence of this House.

Engravers Bill.

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

With a Bill, intituled, "An Act for amending and rendering more effectual Two Acts of Parliament, One made in the Eighth Year of the Reign of His late Majesty, and the other, in the Seventh Year of the Reign of His present Majesty, for Encouragement of the Arts of designing, engraving, and etching Historical and other Prints; and for making further Provision to secure the Property of Prints to the Inventors and Engravers thereof;" to which they desire the Concurrence of this House.

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

Ordered, That the last-mentioned Bill be printed.

Condicote Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, and other Commonable Lands, in the Parish of Condicote, in the County of Gloucester;" to which they desire the Concurrence of this House.

Loughborough, &c. Road Bill.

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

With a Bill, intituled, "An Act for amending the Road from the South East of the Town of Loughborough, in the County of Leicester, to Derby Bridge, near the Rushes, and from the said Bridge to the South End of Cavendish Bridge, in the same County;" to which they desire the Concurrence of this House.

Carlton Rode Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing the Old Whole Year Enclosures, Common Fields, Commons, and Waste Lands, within the Parish of Carlton Rode, in the County of Norfolk;" to which they desire the Concurrence of this House.

Yealands Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common and Waste Grounds, and certain Common Fields, and also Two Mosses called Waitham Moss, and Hilderstone Moss, within the Manor of Yealands, in the Parish of Warton, and County Palatine of Lancaster;" to which they desire the Concurrence of this House.

Asthall to Buckland Road Bill.

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

With a Bill, intituled, "An Act for amending, widening, and keeping in Repair, the Road leading from the Turnpike Road in the Parish of Asthall, in the County of Oxford, to the Turnpike Road at or near Buckland, in the County of Berks;" to which they desire the Concurrence of this House.

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

Harvey's Bills.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Real and Personal Estate of John Harvey Gentleman, a Lunatick, in Trustees, in Trust to sell so much thereof as will be sufficient for the Payment of the Debts and Legacies of John Harvey, his late Father, deceased; and for other Purposes therein mentioned."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Hull's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for discharging Part of the Settled Estates of Thomas Hull Esquire, in the Counties of Dorset and Devon, from the Uses and Trusts of his Marriage Settlement, and for settling other Estates in the County of Devon in lieu thereof; and for other Purposes."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Clarke's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to confirm and establish articles of Agreement for a Partition or Division of Lands and Hereditaments, in the Counties of Northampton and Warwick, the Estates of John Clarke Esquire, and Mary his late Wife, deceased; and for settling the same to the Uses therein mentioned."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Egerton's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Settled Estate of Philip Egerton Esquire, in the County of Flint; and for investing the Money 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.

Waterhouse's Charity Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for uniting and better regulating the Charities of Nathaniel Waterhouse, within the Town and Parish of Halifax, in the West Riding of the County of York."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Jackson's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable William Jackson and Hannah his Wife, to carry into Execution an Agreement for Sale of certain Hereditaments, situate at or near Barney, in the County of Norfolk, (being their Settled Estate), to Richard Reeve the younger, Gentleman; and for laying out the Money arising by such Sale, in the Purchase of other Lands and Hereditaments, to be settled to the Uses to which the said Settled Estate doth now stand limited."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Messages to H. C. with the Six preceding Bills.

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

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

Willoughby Hedge, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Term and Powers of an Act, made in the Twenty-ninth Year of the Reign of His late Majesty, for repairing and widening the Road from the Eighteen Mile Stone, beyond Willoughby-Hedge, through the Town of Mere, in the County of Wilts, and through Wincanton to Charlton-houthorn, and from thence to Milborne Port, and from Willoughby-Hedge aforesaid to the West End of Long Lane, in Kilmington; and from Wincanton aforesaid, to the Sherborn Turnpike Cross Gate, on Cattle Hill, and from Wincanton to Sparkford, in the County of Somerset."

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.

E. Tyrconnel's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of George Carpenter Esquire, Earl of Tyrconnel, in the Kingdom of Ireland, with the Right Honourable Lady Frances Manners, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

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 be received on Monday next.

Welford Enclosure Bill.

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

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

Wreninghara Enclosure Bill.

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

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

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum primum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.