House of Lords Journal Volume 35: February 1778 21-30

February 1778 21-30

DIE Lunæ, 23^o Februarii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Falconar against Lawson:

After hearing Counsel this Day upon the amended Petition and Appeal of William Lord Falconar, of Halkerton, since deceased, which was brought into this House the 8th Day of November 1776, and which hath since been revived in the Name of Anthony Lord Falconer, of Halkerton, Son of the said William Lord Falconer; complaining of an Interlocutor of the Lords of Session in Scotland, of the 27th of July 1774; and also of another Interlocutor of the said Lords, of the 21st of February 1775; and praying, "That the same night be reversed, varied or amended, 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 David Lawson put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors Reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Interlocutors complained of in the said Appeal, be, and the same are hereby Reversed.

Bullock et Ux. Petition referred to Judges.

Upon reading the Petition of John Bullock, of Faulkbourne Hall in the County of Essex, Esquire, and Elizabeth his Wife, heretofore called Elizabeth Warfield, otherwise Lant, of Putney in the County of Surrey, and afterwards Elizabeth Lant, of Upper Brook Street, in the Parish of Saint George Hanover Square, in the County of Middlesex, Spinster; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

Laughton Manor Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for establishing an Agreement for discharging the Manor of Laughton, in the County of Leicester, and certain Lands and Hereditaments in the Parish of Laughton, from the Payment of Tythes, or any Modus or Rate for Tythe; and for vesting other Lands and Hereditaments in the Rector of the said Parish, and his Successors, as a Compensation for the said Tythes, and in lieu thereof."

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. Browning and Mr. Anguish:

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

Long Horsley &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act, made in the Twenty-fifth Year of the Reign of His late Majesty King George the Second, for repairing the Road leading from Long Horsley Bar or Gate, on the Post Road near the Town of Morpeth, by or through Long Horsley, Weldon Bridge, and Whittingham, to the River Breamish, and from thence to Piercy's Cross, in the County of Northumberland."

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

It was resolved in the Affirmative.

Cazenove's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing James Cazenove."

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.

And Messages were, severally, 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.

Ships purchased for His Majesty delivered.

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

He was called in, and delivered at the Bar, pursuant to an Address to His Majesty of the 9th of this instant February for that Purpose;

An Account of the Tonnage, Number of Guns, State and Condition of all Ships and Vessels under the Line, as have been purchased into His Majesty's Service since the 1st January 1776, at the Time they were purchased, together with the Expences since incurred in Order to sit them for Sea, distinguishing each Ship."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

North Dalton Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing several Open Fields and Stinted Pastures or Waste Grounds, in the Manor of North Dalton, in the East 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 directed him to report the same to the House, without any Amendment."

Long Whatton 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 Open Fields, and Common or Waste Land, in the Lordship of Long Whatton, in the County of Leicester," was committed.

Stoken church, &c. Road Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and widening the Road from Stokenchurch, in the County of Oxford, to Wheatley Bridge, and from the said Bridge to Enslow Bridge, and from Wheatley Bridge to the Mileway leading towards Magdalen Bridge; and from the Mileway leading from Saint Giles's Church near the City of Oxford, by Begbroke, to New Woodstock in the said County," 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."

Highgate, &c. Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Term and Powers of several Acts, for repairing the Road from Highgate Gate House, in the County of Middlesex, to Barnet Block House, in the County of Hertford; and the Road from the Bear Inn in Hadley, to the Angel in Enfield Chace; and also Canewood Lane, leading from Highgate to Hampstead in the said County of Middlesex, and the Road beginning at Barnet Block House and ending at the Bear Inn in Hadley aforesaid, "was committed.

Bond et Ux. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of John Bond Merchant, and Sarah his Wife, on Behalf of themselves and their Infant Children; praying Leave to bring in a private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to empower John Bond Merchant, and Sarah his Wife, or the Survivor of them, during their respective Lives, to grant Leases of their Settled Estate in the County of Surry."

Wakefield to Austerlands Road Bill.

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

With a Bill, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act, made in the Thirty-second Year of the Reign of His late Majesty King George the Second, for repairing the Road from Wakefield to Austerlands, in the West Riding of the County of York;" to which they desire the Concurrence of this House.

Chester, &c. Road Bill.

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

With a Bill, intituled, "An Act to enlarge the Term and Powers of an Act, passed in the Thirty-third Year of King George the Second, for repairing and widening the Road from the Bars at Boughton, within the Liberties of the City of Chester, to Whitchurch, and from thence to Newport in the County of Salop, and other Roads in the said Act mentioned; and for making a Road of Communication from the said Road between Whitchurch and Newport, to the present Turnpike Road from Newport aforesaid, to Eccleshall in the County of Stafford;" to which they desire the Concurrence of this House.

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

E. Surrey's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in the Right Honourable Charles Howard Esquire, commonly called Charles Earl of Surrey, and his Heirs, the Settled Estates of the said Earl in the Counties of Cumberland, Westmorland, and Surrey, subject to certain Charges affecting the same."

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

Their Lordships, or any Five of them, to meet on Tuesday, the 10th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Shortreid against Seton & Scotland.

Upon reading the Petition and Appeal of Robert Shortreid Merchant in Leith; complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 5th of August 1775, and 17th of January and 4th of March 1777; and also of Three Interlocutors of the Lords of Session there, of the 24th of July and 7th of August 1777, and 12th of this instant February; and praying, That the same may be reversed, varied or altered, 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 George Seton Tenant in Hilton, and John Scotland Gardener at Dollar, may be required to answer the said Appeal:"

It is Ordered, That the said George Seton and John Scotland, 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 23d Day of March next; and Service of this Order upon the said Respondents, or upon their Counsel or Agent in the said Court of Session in Scotland, shall be deemed good Service.

Nazeing Park Bill.

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

With a Bill, intituled, "An Act for regulating the Stocking of a certain Piece of enclosed Pasture Ground, called Nazeing Wood, or Nazeing Park, in the Manor and Parish of Nazeing, in the County of Essex; and for keeping the Fences thereof in Repair;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return Long's Naturalization Bill.

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

To return the Bill, intituled, "An Act for naturalizing Francis Long;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Lea Bridge, &c. Bill.

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

With a Bill, intituled, "An Act to continue and enlarge the Term and Powers of an Act, made in the Thirtieth Year of the Reign of King George the Second, for building a Bridge over the River Lea, at or near a Place called Jeremy's Ferry; and for making, repairing, and widening Roads from thence into the great Roads at Snaresbrook, in the County of Essex, and at Clapton in the County of Middlesex;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sir L. Dundas et al. Petition referred to Judges.

Upon reading the Petition of Sir Lawrence Dundas, of Ask Hall in the County of York, Baronet, and Dame Margaret his Wife, and of Thomas Dundas Esquire, their eldest Son and Heir Apparent, and Lady Charlotte Dundas, Wife of the said Thomas Dundas, for themselves, and on the Behalf of the Children of the said Thomas Dundas and Lady Charlotte his Wife, who are all Insants; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

Luttrell's Petition for a Bill, Report of Judges read:

The Report of the Judges, to whom was referred the Petition of Temple Simon Luttrell Esquire, praying Leave to bring in a private Bill for the Purposes therein mentioned; was read by the Clerk as follows; (videlicet),

To the Right Honourable the Lords Spiritual and Temporal, in Parliament assembled.

In pursuance of Your Lordships Order of the Second Day of December last, hereunto annexed, we have caused to be summoned the Parties concerned in the Petition and Bill, also hereunto annexed, and have been attended by Counsel for the said Temple Simon Luttrell and Elizabeth Gould, and by the Honourable Henry Lawes Luttrell and the Honourable James Luttrell in Person, and by the Agent of the Right Honourable Lord and Lady Irnham, and the Honourable John Luttrell; and in their Presence considered the said Petition and Bill, and enquired into the Allegations contained therein respectively:

And upon such Consideration and Enquiry, it has appeared to us, That a Marriage is in Contemplation between the said Temple Simon Luttrell, Second Son of the Right Honourable Simon Lord Irnham, and the Right Honourable Judith Maria Lady Irnham his Wife, and Elizabeth Gould, eldest Daughter of the Honourable Sir Henry Gould Knight, One of the Justices of His Majesty's Court of Common Pleas:

And that a certain Plantation, called Swallowfield, and the Penn or Savanna Land thereto belonging, containing by Estimation Nine hundred and eighty Acres, more or less, situate and being in the Parish of Saint Andrew in the Island of Jamaica, and all the Negro Slaves, Cattle, Stock, Implements, and Utensils thereunto belonging, now are and stand limited (subject as to Part thereof, to an Estate in the Right Honourable Countess Dowager of Home for her Life), to the said Lord Irnham for his Life, Remainder after his Death to Trustees, during the respective Lives of the said Countess of Home and Lady Irnham, in Trust for divers Payments and Annuities, and subject thereto, to the said Temple Simon Luttrell and his Assigns for Life, with Remainder to Trustees, to support contingent Remainders; Remainder to the First and other Sons of the said Temple Simon Luttrell successively in Tail Male; Remainder to the Honourable John Luttrell next younger Son of the said Lord Irnham, for his Life; Remainder to Trustees to support contingent Remainders; Remainder to the First and other Sons of the said John Luttrell in Tail Male; Remainder to the said James Luttrell, next younger Son of the said Lord and Lady Irnham, for his Life; Remainder to Trustees to support contingent Remainders; Remainder to the First and other Sons of the said James Luttrell in Tail Male, with Remainder to all and every other the Son and Sons of the said Lord and Lady Irnham (other than and except their eldest Son for the Time being) in Tail Male successively; Remainder to the said Henry Lawes Luttrell, the eldest Son of the said Lord and Lady Irnham in Tail Male; Remainder to the said Lady Irnham and her Heirs.

And it also appears to us, That the said Plantation is of the yearly Value of Two thousand four hundred Pounds of lawful Money of Great Britain, and upwards.

And we also certify to your Lordships, That the said Lord and Lady Irnham, and their said Sons Henry Lawes Luttrell, Temple Simon Luttrell, John Luttrell, and James Luttrell, are the only Persons now in being who appear to us to be concerned in the Consequence of the said Bill; and that they have all severally consented thereto, except the said Henry Lawes Luttrell, who has objected to the Bill as conceiving it to be beyond the usual Course of Parliament to add a jointuring Power to a Tenant for Life, without some Equivalent proposed for the Benesit of the Persons in Remainder, or the express Consent of all the Remainder Men in being; and that he was well justified in with-holding his Consent to this Bill, because it was, as he conceived, unreasonable that his younger Brother should have a Power of settling a Jointure upon his Wife, when he, the elder Brother, had no Power of making a Provision for his own Wife; and that, although he should succeed to considerable Estates in Ireland, England, and Jamaica, settled upon him after the respective Deaths of the Countess of Home, and of Lord and Lady Irnham, (some of them immediately on the Death of Lord Irnham, and the rest on the Death of Lady Home, and of Lord and Lady Irnham), yet if he should die before he should come into Possession of such Estates, he could not, in his present Situation, make any Jointure out of the same upon his present Wife.

To which it was answered on the Part of the said Temple Simon Luttrell, That it would be hard to debar him of a Power of making a Provision for his Wife out of this Estate, because the said Henry Lawes Luttrell had not a Power of settling a Jointure out of another, and which Inability did not proceed from or depend upon him, and that he believed the Consent of Lord Irnham to give such Power had not been refused in Fact, nor asked for; and that it seemed unreasonable that Henry Lawes Luttrell, a remote Remainder Man in Tail, after prior Limitations to his Two younger Brothers and their Issue Male, should avail himself of such distant Interest to bring forward and accelerate his own Remainder, by preventing his Brother marrying for Want of a Power of making a suitable Provision for a Wife, in Disappointment of the Intention of their common Benefactor, who had expressly declared, That a principal Inducement for making this Settlement, was his Love and Affection for the Petitioner Temple Simon Luttrell, and whose other Inducements must have been the Hopes of making a Second Family by Posterity from the younger Brothers; and who, being younger Brothers, could have no Prospect of any Means of making such Settlement except out of such Estate.

But as the Matter of this Objection goes to the Principle of the Bill, and is of Legislative Consideration, we have thought it proper to submit the same to your Lordships Consideration.

However, as the Friends on the Part of the young Lady have expressed themselves satisfied with the Title and Sufficiency of the Estate to answer the intended Jointure in the several Events mentioned in the Bill, we have annexed a Bill, which we have signed, and conceive may be proper for the Purpose, if your Lordships should be of Opinion, that the Relief prayed by the Petitioner should be granted.

All which is humbly submitted to your Lordships great Wisdom.

Wm. De Grey.

W. Blackstone.

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

Then it was moved, "That the said Bill be now read the first Time."

The same was agreed to.

Bill read:

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Honourable Temple Simon Luttrell Esquire, to settle a Jointure upon Elizabeth Gould, his intended Wife.

Judges Report to be printed.

Ordered, That the said Report of the Judges be printed.

Wigton Roads and Bridges Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Highways and Bridges in the County of Wigton."

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

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

Lambeth Parsonage Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Lord Archbishop of Canterbury to enfranchise and grant a small Parcel of Glebe and Waste Land belonging to the Manor of Lambeth, in the County of Surry; and also to enable the Rector of the Parish of Saint Mary Lambeth, or his Successors, to build a Parsonage House on Part of the said Glebe and Waste Land, and to grant Building Leases of other Parts thereof; and for other the Purposes therein mentioned."

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

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

Towcester, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enlarge the Term of an Act, passed in the Thirtieth Year of His late Majesty King George the Second, for repairing and widening the Road from Towcester, through Silverston and Brackley, in the County of Northampton; and Ardley and Middleton Stoney, to Weston Gate, in the Parish of Weston on the Green, 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 next, at the usual Time and Place; and to adjourn as they please.

Blackwoods Petition referred to Judges.

Upon reading the Petition of Shovel Blackwood Esquire, and John Blackwood Esquire, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 25^o Februarii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Steuart against Magistrates, of Greeno.k.

The Answer of the Magistrates and Council of the Town of Greenock, as representing the Community, to the Appeal of John Shaw Steuart of Greenock, Esquire, was this Day brought in.

Towcester, &c. Road Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Term of an Act, passed in the Thirtieth Year of His late Majesty King George the Second, for repairing and widening the Road from Towcester, through Silverston and Brackley, in the County of Northampton; and Ardley and Middleton Stoney, to Weston Gate, in the Parish of Weston on the Green, in the County of Oxford," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Wigton Roads and Bridges Bill.

The Earl of Galloway made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing the Highways and Bridges in the County of Wigton," was committed.

North Dalton Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Fields, and Stinted Pastures or Waste Grounds, in the Manor of North Dalton, in the East Riding of the County of York."

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

It was resolved in the Affirmative.

Highgate, &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of several Acts, for repairing the Road from Highgate Gatehouse, in the County of Middlesex, to Barnet Blockhouse, in the County of Hertford; and the Road from the Bear Inn in Hadley, to the Angel in Enfield Chace; and also Canewood Lane, leading from Highgate to Hampstead, in the said County of Middlesex, and the Road beginning at Barnet Blockhouse, and ending at the Bear Inn, in Hadley aforesaid."

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

It was resolved in the Affirmative.

Long Whatton Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Open Fields, and Common or Waste Land, in the Lordship of Long Whatton, in the County of Leicester."

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

It was resolved in the Affirmative.

Stokenchurch, &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Stokenchurch, in the County of Oxford, to Wheatley Bridge, and from the said Bridge to Enslow Bridge, and from Wheatley Bridge to the Mile Way leading towards Magdalen Bridge, and from the Mile Way leading from Saint Giles's Church near the City of Oxford, by Begbroke, to New Woodstock, in the said County."

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

It was resolved in the Affirmative.

Towcester, &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enlarge the Term of an Act, passed in the Thirtieth Year of His late Majesty King George the Second, for repairing and widening the Road from Towcester, through Silverston and Brackley, in the County of Northampton; and Ardley and Middleton Stoney, to Weston Gate, in the Parish of Weston on the Green, in the County of Oxford."

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

It was resolved in the Affirmative.

Wigton Roads and Bridges Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Highways and Bridges in the County of Wigton."

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 Six preceding Bills.

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

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

Nazeing Park Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for regulating the Stocking of a certain Piece of enclosed Pasture Ground, called Nazeing Wood, or Nazeing Park, in the Manor and Parish of Nazeing, in the County of Essex; and for keeping the Fences thereof in Repair."

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

Wakefield to Austerlands 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, made in the Thirty-second Year of the Reign, of His late Majesty King George the Second, for repairing the Road from Wakefield to Austerlands, in the West Riding of the County of York."

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

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

Chester, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act, passed in the Thirty-third Year of King George the Second, for repairing and widening the Road from the Bars at Boughton, within the Liberties of the City of Chester to Whitchurch, and from thence to Newport in the County of Salop, and other Roads in the said Act mentioned; and for making a Road of Communication from the said Road between Whitchurch and Newport, to the present Turnpike Road from Newport aforesaid to Eccleshall, in the County of Stafford."

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.

Bond's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower John Bond Merchant, and Sarah his Wife, or the Survivor of them, during their respective Lives, to grant Leases of their settled Estate in the County of Surry."

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

Their Lordships, or any Five of them, to meet on Thursday the 12th Day of March next, at the usual Time and Place; and to adjourn as they please.

Bp. Durham's Petition referred to Judges.

Upon reading the Petition of the Right Reverend Father in God John Lord Bishop of Durham, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

Dean and Chapter of Durham Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Worshipful William Digby Doctor of Laws, Dean, and the Chapter of Durham, of the Cathedral Church of Christ and Blessed Mary the Virgin; 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 an Agreement made between the Dean and Chapter of Durham and General Cuthbert Ellison, for the Partition and Division of a Tract of unimproved Land in the Parish of Jarrow, in the County Palatine of Durham; and the Partition and Division made in pursuance thereof."

Luttrell against Lord Irnham.

Ordered, That the Hearing of the Cause, wherein the Honourable Henry Lawes Luttrell, is Appellant, and Simon Lord Irnham is Respondent, which stands appointed for this Day, be adjourned to Tuesday next.

Messages from H. C. to return the Bill for Wyndham to take the ame of Edwin;

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

To return the Bill, intituled, "An Act for enabling Charles Wyndham Esquire, now called Charles Edwin, and his Heirs Male, to take and use the Surname of Edwin only;" and to acquaint this House, That they have agreed to the same, without any Amendment.

and Sir S. Gideon's Estate Bill.

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

To return the Bill, intituled. "An Act for vesting certain Messuages, Lands, and Hereditaments, in the County of Kent, (Part of the Estates devised and settled by the Will of John Thoyts deceased, in Trustees, to be sold and conveyed to Sir Sampson Gideon Baronet, and his Heirs; and for laying out the Monies arising by such Sale, in the Purchase of other Lands and Hereditaments, to be conveyed and settled to and upon the like Uses and Trust in the said Will;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Clifton upon Calder Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds, within the Manor of Clifton upon Calder, in the West Riding of the County of York;" to which they desire the Concurrence of this House.

Birches Brook to Build was Bridge, &c. Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road from the Birches Brook to Buildwas Bridge, and from thence to join the Watling Street Turnpike Road at Tern Bridge, in the County of Salop;" to which they desire the Concurrence of this House.

Hitcham 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 Open and Common Fields, Common Meadows, Common Pastures, Commonable Lands, and Waste Grounds, within the Parish and Manor of Hitcham, in the County of Buckingham;" to which they desire the Concurrence of this House.

Bristol Theatre Bill.

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

With a Bill, intituled, "An Act to enable His Majesty to license a Theatre in the City of Bristol;" to which they desire the Concurrence of this House.

Achurch Parish Church Bill.

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

With a Bill, intituled, "An Act for taking down the Parish Church of Lilford, being a Vicarage united to the Rectory of Achurch in the County of Northampton; and for repairing the Parish Church of Achurch aforesaid; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

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

Luttrell's Bill.

Ordered, That the Bill, intituled, "An Act to enable the Honourable Temple Simon Luttrell Esquire, to settle a Jointure upon Elizabeth Gould his intended Wife," be read a Second Time on Monday next, and the Lords summoned.

America, State of His Majesty's Ships in, Address to His Majesty for.

Ordered, That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to order, that the proper Officers do lay before this House, "Copies of the last Returns of the State and Condition of His Majesty's Ships and Vessels in America, under the Command of Lord Viscount Howe."

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

Motion for the Surveyor of the Navy to attend negatived.

It was moved, "That the Surveyor of His Majesty's Navy do attend this House on Monday next."

Which being objected to:

After Debate,

The Question was put thereupon;

It was resolved in the Negative.

South Mims Road Bill.

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

With a Bill, intituled, "An Act to enlarge the Term and Powers of Three Acts of the Third and Seventeenth Years of the Reign of King George the Second, and the Tenth Year of the Reign of His present Majesty, for repairing the Road leading from Galley Corner adjoining to Enfield Chace in the Parish of South Mims in the County of Middlesex, to Lemsford Mill, in the County of Hertford;" to which they desire the Concurrence of this House.

Bussleton Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common or Waste Ground called Brislington otherwise Bussleton, Common, in the Parish of Brislington otherwise Bussleton, in the County of Somerset;" to which they desire the Concurrence of this House.

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

Bal's Petition referred to Judges.

Upon reading the Petition of John Longford Ball, eldest Son of George Ball late of Irby, in the County Palatine of Chester Esquire, deceased, and of Lucy Weller Ball, Widow of the said George Ball, and Mother of the said John Long ford Ball, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

Spottiswoode to enter into Recognizance on Shortreid's Appeal.

The House being moved, "That John Spottiswoode of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for Robert Shortreid Merchant, on Account of his Appeal depending in this House, he living in Scotland:"

It is Ordered, That the said John-Spottiswoode may enter into a Recognizance for the said Appellant, as desired.

Steuart against Magistrates, &c. of Greenock.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein John Shaw Steuart of Greenock Esquire, is Appellant, and the Magistrates and Council of the Town of Greenock are Respondents:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 26^o Februarii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Argyll against M^cLean.

The Answer of Allan Mac Lean of Drimnin Esquire, to the Appeal of John Duke of Argyll, was this Day brought in.

King's Answer to Address reported.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, with their Lordships Address of Yesterday, for the Copies therein mentioned; and that His Majesty was pleased to say, "He would give Directions accordingly."

Wakefield to Austerlands Road Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Term and altering and enlarging the Powers of an Act made in the Thirty-second Year of the Reign of His late Majesty King George the Second, for repairing the Road from Wakefield to Austerlands, 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; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Chester,&c. Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Term and Powers of an Act passed in the Thirty-third Year of King George the Second, for repairing and widening the Road from the Bars at Boughton within the Liberties of the City of Chester to Whitchurch, and from thence to Newport, in the County of Salop, and other Roads in the said Act mentioned; and for making a Road of Communication from the said Road between Whitchurch and Newport, to the present Turnpike Road from Newport aforesaid to Eccleshall, in the County of Stafford," was committed.

Nazeing Park Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for regulating the Stocking of a certain Piece of enclosed Pasture Ground called Nazeing Wood or Nazeing Park, in the Manor and Parish of Nazeing, in the County of Essex; and for keeping the Fences thereof in Repair," 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."

Wakefield to Austerlands Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act made in the Thirty-second Year of the Reign of His late Majesty King George the Second, for repairing the Road from Wakefield to Austerlands, in the West Riding of the County of York."

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

It was resolved in the Affirmative.

Chester,&c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act passed in the Thirty-third Year of King George the Second, for repairing and widening the Road from the Bars at Boughton within the Liberties of the City of Chester to Whitchurch, and from thence to Newport in the County of Salop, and other Roads in the said Act mentioned; and for making a Road of Communication from the said Road between Whitchurch and Newport, to the present Turnpike Road from Newport aforesaid to Eccleshall, in the County of Stafford."

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

It was resolved in the Affirmative.

Nazeing Park Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for regulating the Stocking of a certain Piece of enclosed Pasture Ground called Nazeing Wood or Nazeing Park, in the Manor and Parish of Nazeing, in the County of Essex; and for keeping the Fences thereof in Repair."

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 Three preceding Bills.

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

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

Causes put off.

Ordered, That the Hearing of the Cause, wherein George Haldane Esquire is Appellant, and George Keith, late Earl Marischall, Respondent, which stands appointed for To-morrow, be put off to Monday the Ninth of March next; and that the rest of the Causes be removed in Course.

Lathom and Skelmersdale Enclosure Bill.

A Message was brought from the House of Commons, by Sir Henry Hoghton and others:

With a Bill, intituled, "An Act for dividing and enclosing the several Commons and Waste Grounds, within the Manors of Lathom and Skelmersdale, in the Parish of Ormskirk, in the County Palatine of Lancaster;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Achurch Parish Church Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for taking down the Parish Church of Lilford, being a Vicarage united to the Rectory of Achurch in the County of Northampton; and for repairing the Parish Church of Achurch aforesaid; 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 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.

Clifton upon Calder Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds, within the Manor of Clifton upon Calder, in the West Riding of the County of York."

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

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

South Mims Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of Three Acts of the Third and Seventeenth Years of the Reign of King George the Second, and the Tenth Year of the Reign of His present Majesty, for repairing the Road leading from Galley Corner adjoining to Enfield Chace, in the Parish of South Mims in the County of Middlesex, to Lemsford Mill, in the County of Hertford."

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.

Lea Bridge and Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue and enlarge the Term and Powers of an Act made in the Thirtieth Year of the Reign of King George the Second, for building a Bridge over the River Lea, at or near a Place called Jeremy's Ferry; and for making, repairing, and widening Roads from thence into the Great Roads at Snaresbrook, in the County of Essex, and at Clapton, in the County of Middlesex."

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.

Birches Brook to Buildwas, Bridge, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Birches Brook to Buildwas Bridge, and from thence to join the Watling Street Turnpike Road at Tern Bridge, in the County of Salop."

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.

Dean and Chapter of Durham's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for establishing and confirming an Agreement made between the Dean and Chapter of Durham and General Cuthbert Ellison, for the Partition and Division of a Tract of unimproved Land in the Parish of Jarrow, in the County Palatine of Durham; and the Partition and Division made in pursuance thereof."

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.

Bussleton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common or Waste Ground called Brislington otherwise Bussleton Common, in the Parish of Brislington otherwise Bussleton, 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 Monday next, at the usual Time and Place; and to adjourn as they please.

Maclean against D. Argyll, Cross Appeal.

Upon reading the Petition and Cross Appeal of Allan Mac Lean of Drimnin Esquire; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 4th of July and 2d of December 1777, in so far as they find the (fn. 1) Writes produced, and Possession proven on the Part of the Defender, are sufficient in the Action of Reduction of Declarator, to exclude the Title of the Petitioner, except as to (fn. 1) these Parts of the Lands of Brolass presently possessed by Sir Allan MacLean, under Lease from the Defender, including the Superiority of Pennycross; and praying, "That the same, so far as complained of, may be reversed, varied or altered, 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 John Duke Argyll may be required to answer the said Appeal:"

It is Ordered, That the said John Duke of Argyll may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Thursday the 26th Day of March next; and Service of this Order upon the said Respondent, or upon his known Procurators or Agents in the said Court of Session in Scotand, shall be deemed good Service.

D. Argyll against MacLean, et e contra.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein John Duke of Argyll is Appellant, and Allan Mac Lean of Drimnin is Respondent, et e contra:"

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

Countess of Wemyss against Wemyss, et al.

The House being informed, " That James Wemyss of Wemyss and others, Respondents to the Appeal of Janet Countess Dowager of Wemyss, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

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

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

Isham 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 Common and Open Fields, Meadows, Commonable Lands, and Waste Grounds, in the Parish of Isham in the County of Northampton;" to which they desire the Concurrence of this House.

The said Bill was read the first Time.

Bristol Theatre Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable His Majesty to license a Theatre in the City of Bristol."

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.

E. Selkirk against Douglas, et al.

A Petition of Dunbar Earl of Selkirk, Appellant in a Cause depending in this House, to which Archibald Douglas Esquire, and others, are Respondents, and also Respondent in another Cause depending in this House, to which Douglas Duke of Hamilton and Brandon is Appellant, was presented and read; setting forth, "That their Lordships have appointed these Causes to be heard together, by Counsel at the Bar, on Wednesday the 25th Day of March next, and the printed Cases to be delivered to the Clerk of this House on the 2d of March next: That the Petitioner is sorry to find his English Counsel will be on the Circuit at the Time these Causes are appointed to be heard; and therefore, praying their Lordships to put off the Hearing of these Causes to Monday the 6th of April next; and to order the printed Cases to be delivered to the Clerk of this House, on or before the 25th of March next.

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

And being withdrawn,

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

De Bruges Naturalization Bill.

The Lord Boston presented to the House, (pursuant to an Order of Leave of the 9th of this instant February),

A Bill, intituled, "An Act for naturalizing Pierre Theodore De Bruges."

The said Bill was read the first Time.

Besnard's Naturalization Bill.

The Lord Boston also presented to the House, pursuant to an Order of Leave of the 9th of this instant February),

A Bill, intituled, "An Act for naturalizing Philippe Besnard."

The said Bill was read the first Time.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum septimum diem instantis Februarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Veneris, 27^o Februarii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to proceed to the Abbey Church Westminster, to solemnize this Day, being appointed by His Majesty's Royal Proclamation to be observed as a General Fast:

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, secundum diem Martii, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.