House of Lords Journal Volume 35: April 1778 1-7

April 1778 1-7

DIE Mercurii, 1^o Aprilis 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Hamilton against E. Selkirk.

The Answer of Dunbar Earl of Selkirk, to the Appeal of Douglas Duke of Hamilton and Brandon, &c. was this Day brought in.

E. Selkirk against Douglas.

After hearing Counsel in part, in the Cause wherein Dunbar Earl of Selkirk is Appellant, and Archibald Douglas of Douglas Esquire, is Respondent:

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

Dirs, for a Naturalization Bill:

Upon reading the Petition of Court Dirs, praying Leave to bring in a Bill for his Naturalization:

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

Bill read.

Accordingly, The Earl of Abercorn presented to the House a Bill, intituled, "An Act for naturalizing Court Dirs."

The said Bill was read the First Time.

King's Answer to Addresses.

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

Baillie against Chaigneau.

Upon reading the Petition and Appeal of Arthur Baillie of Kilbride, in the County of Carlow, in the Kingdom of Ireland Esquire, complaining of Three Orders of the Court of Exchequer in Ireland, of the 6th and 30th of June, and 21st of November 1777; and of Two other Orders of the said Court, of the 20th and 24th of February 1778; and praying, "That the same may be reversed and discharged, so far as the Petitioner's Interest in the Premises in question is affected thereby; or that the Petitioner may have such other Relief, as to their Lordships, in their great Wisdom, shall seem meet; and that William Chaigneau of the City of Dublin Esquire, John Keogh of the said City, Attorney at Law, and Sir Nicholas Lawless Baronet, may be required to answer the said Appeal:"

It is Ordered, That the said William Chaigneau, John Keogh, and Sir Nicholas Lawless Baronet, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 6th Day of May next; and Service of this Order upon the said Respondents, or upon their Agents and Solicitors in the said Court of Exchequer in Ireland, shall be deemed good Service.

Sir J. Wright's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for carrying into Execution an Agreement entered into by Sir James Wright Baronet, for Sale of the Manor of Husborne Tarrant, and several Woodlands and Hereditaments in the County of Southampton, to Joseph Portal Esquire; and for laying out the Money arising by such Sale, in the Purchase of other Lands and Hereditaments, to be settled to the same Uses."

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

Their Lordships, or any Five of them, to meet on Thursday the 16th Day of this Instant April, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Land Tax Commissioners Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for appointing Commissioners to put in Execution an Act of this Session of Parliament, intituled, "An Act for granting an Aid to His Majesty by a Land Tax to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-eight," together with those named in Two former Acts, for appointing Commissioners of the Land Tax."

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.

Portsmouth, &c. Corn Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for allowing Corn, Grain and Flour, imported into the Ports of Portsmouth, Sandwich, Chichester and Chester, to be landed without Payment of the Duties, under the like Restrictions as Corn, Grain and Flour, is allowed to be landed at the several Ports mentioned in an Act made in the Thirteenth Year of the Reign of His present Majesty, intituled, "An Act to regulate the Importation and Exportation of Corn."

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.

Tobacco Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for allowing the Re importation of Unmanufactured Tobacco from Foreign Parts, although the same may have been sold Abroad; and the Importation of Tobacco, the Growth and Product of the Island of Dominica, under certain Regulations and Restrictions."

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.

Henley Schools Bill.

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

With a Bill, intituled, "An Act for uniting the Free Grammar School of James King of England, within the Town of Henley upon Thames, in the County of Oxford, with the Charity School founded in the same Town by Dame Elizabeth Periam Widow; and for the better Regulation and Management of the said Endowments;" to which they desire the Concurrence of this House.

Rye Harbour Bill.

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

With a Bill, intituled, " An Act for further continuing so much of certain Duties, as have by several Acts of Parliament been granted and continued for repairing and maintaining the Harbours of Dover and Rye, as are applicable to completing and keeping in Repair the said Harbour of Rye, in the County of Sussex;" to which they desire the Concurrence of this House.

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

Chippenham Bridge, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Chippenham Bridge, in the County of Wilts, to the Top of Togg Hill, in the County of Gloucester; and from the Stone Pillar to the Top of Old Sodbury Hill, in the said County of Gloucester."

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

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

Severn and Verniew Fisheries Bill.

Hodie 2^a vice lecta est Billa, intituled " An Act for the better Preservation of Fish, and regulating the Fisheries in the Rivers Severn and Verniew."

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.

Degen's Divorce Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of George Christopher Degen with Catherine Furlong his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:"

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

Broad Wheels Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for repealing so much of an Act made in the Thirteenth Year of His present Majesty's Reign, intituled, An Act to explain, amend and reduce into One Act of Parliament, the General Laws now in being for regulating the Turnpike Roads in that Part of Great Britain called England, and for other Purposes," as is to subject Carriages, having the Fellies of the Wheels thereof less Breadth or Gauge than Six Inches, to the Payment of Double Tolls; and for vacating Contracts for leasing Tolls:"

Ordered, That the House be put into a Committee upon the said Bill on Tuesday next; and that the Lords be summoned.

Ealing Common Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming, establishing and making effectual, certain Articles of Agreement made and entered into, for enclosing and dividing the several Commons called Ealing Common, Ealing Green and Cook's Hill, in the Parish of Hampstead Norreys, in the County of Berks; and for exchanging certain Lands in the said Parish."

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

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

Reading, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of several Acts, passed in the Fourth Year of King George the First, and the Ninth and Thirtieth Years of King George the Second, for repairing the Highways from Crown Corner in the Town of Reading, leading by and through the several Parishes of Shinfield and Heckfield, in the several Counties of Berks, Wilts and Southampton, to Basingsloke, in the said County of Southampton."

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.

Napton upon the Hill Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, " An Act for dividing and enclosing the Open and Common Fields, Common Meadows and Commonable Lands and Grounds, within the Parish and Liberties of Napton upon the Hill, 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 Friday next, at the usual Time and Place; and to adjourn as they please.

Adjourn.

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

DIE Jovis, 2^o Aprilis 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Selkirk against Douglas:

After hearing Counsel as well Yesterday as this Day, upon the amended Petition and Appeal of Dunbar Earl of Selkirk, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 9th of December 1762, and 19th of July 1769; and praying, " That the same might be reversed, varied or altered, or that the Appelpellant 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 Archibald Douglas of Douglas Esquire, put in to the said Appeal; and due Consideration had 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 Petition and Appeal be, and is hereby dismissed this House; and that the said Interlocutors therein complained of, so far as they respect the Claim of the Earl of Selkirk to the Estates in question, be, and the same are hereby Affirmed.

Causes put off.

Ordered, That the Hearing of the Cause wherein Douglas Duke of Hamilton and Brandon, Marquis of Douglas, &c. and his Guardians, are Appellants, and Dunbar Earl of Selkirk and Archibald Douglas of Douglas Esquire, are Respondents, be put off till To-morrow; and to Monday next; and that the rest of the Causes, on Cause Days, be removed in Course.

Bolingbrooke Small Debts Bill:

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the Soake of Bolingbrooke and Wapentake of Candleshoe, in the Parts of Lindsey, in the County of Lincoln," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ely Small Debts Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the Isle of Ely, in the County of Cambridge," was committed.

Tetbury, &c. Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and widening the Road from Tetbury, in the County of Gloucester, to and through Malmesbury to Chippenbam Bridge, in the County of Wilts, and from Malmesbury to the Turnpike Road at or near Jackament's Bottom in the said County of Gloucester; and also the Road from Farringdon to Cricklade, from thence to Malmesbury, and to the Turnpike Road at Acton Turville; and also from Sherstone to the Turnpike Road leading from Tetbury to Bath," was committed.

Donington Bridge Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Thirty-first Year of the Reign of His late Majesty King George the Second, intituled, "An Act for repairing and widening the Roads from Donington High Bridge to Hale Drove, and to the Eighth Mile Stone in the Parish of Wigtost, and to Langret Ferry, in the County of Lincoln," was committed.

Stow Poor Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for the better Relief and Employment of the Poor within the Hundred of Stow, in the County of Suffolk," was committed.

Wakefield to Sheffield Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Thirty-first Year of the Reign of His late Majesty, for repairing the Road from Leeds to Sheffield, in the County of York, so far as the same relates to the Road from Wakefield to Sheffield; and also one other Act made in the First Year of the Reign of His present Majesty, for amending and rendering more effectual the said Act," was committed.

Barby Enclosure Bill.

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

Kersall Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, " An Act for dividing and enclosing the Open Fields, Meadows, Pastures, Commons and Waste Grounds, in the Township of Kersall, in the Parish of Kneesall, and County of Nottingham," was committed.

Little Berkford Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for confirming a Division and Enclosure of the Common Fields, Common Meadows and Common Pastures, within the Parish of Little Berkford, in the County of Bedford, and certain Exchanges of Lands and Estates within the said Parish," was committed.

Leckhampton Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Common Fields, Common Meadows and Pasture, Waste Grounds and other Commonable Lands, in the Parish of Leckhampton, in the County of Gloucester, and several small Parcels of the said Fields, which extend into the Parish of Cheltenham, in the same County," was committed.

Dolman's Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act to amend and render effectual an Act, passed in the Sixteenth Year of His present Majesty's Reign, intituled, "An Act for vesting the Settled Estates of Robert Dolman Esquire, and Robert Dolman the Younger, in Pocklington and elsewhere, in the County of York, in Trustees to be sold; and for laying out the Money arising by such Sale, in the Purchase of other Lands and Hereditaments, to be settled in lieu thereof, 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 made several Amendments thereto."

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

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

Henley Schools Bill.

Hodie 2^a vice lecta est Billa, intituled, " An Act for uniting the Free Grammar School of James King of England, within the Town of Henley upon Thames, in the County of Oxford, with the Charity School founded in the same Town by Dame Elizabeth Periam Widow; and for the better Regulation and Management of the said Endowments."

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.

Land Tax Commissioners Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for appointing Commissioners to put in Execution an Act of this Session of Parliament, intituled, "An Act for granting an Aid to His Majesty by a Land Tax to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-eight," together with those named in Two former Acts, for appointing Commissioners of the Land Tax."

After some Time, the House was resumed:

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

Tobacco Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for allowing the Re-importation of unmanufactured Tobacco from Foreign Parts, although the same may have been sold Abroad; and the Importation of Tobacco, the Growth and Product of the Island of Dominica, under certain Regulations and Restrictions."

After some Time, the House was resumed:

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

Portsmouth, &c. Corn Bill.

The House, (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled "An Act for allowing Corn, Grain and Flour imported into the Ports of Portsmouth, Sandwich, Chichester and Chester, to be landed without Payment of the Duties, under the like Restrictions, as Corn, Grain and Flour, is allowed to be landed at the several Ports mentioned in an Act, made in the Thirteenth Year of the Reign of His present Majesty, intituled, An Act to regulate the Importation and Exportation of Corn."

After some Time, the House was resumed:

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

Uttoxeter, &c. Road Bill.

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

With a Bill, intituled, "An Act to empower the Trustees for amending the Road from Uttoxeter to Newcastle-under-Lyme, in the County of Stafford, to repair and widen the Road branching out of the said Road at Lower Lane, to the Turnpike Road on Hem Heath, in the same County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Dolman's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend and render effectual, an Act passed in the Sixteenth Year of His present Majesty's Reign, intituled, An Act for vesting the Settled Estates of Robert Dolman Esquire, and Robert Dolman the Younger, in Pocklington and elsewhere, in the County of York, in Trustees to be sold; and for laying out the Money arising by such Sale, in the Purchase of other Lands and Hereditaments, to be settled in lieu thereof, to the same Uses."

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

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Rann and Taylor against Hughes, in Error.

Upon reading the Petition of Isabella Hughes, Defendant in a Writ of Error depending in this House, to which Joseph Rann and Arthur Taylor are Plaintiffs, which stands appointed for hearing on the 6th of this Instant April, setting forth, "That the Petitioner is advised, the Matters of Error are founded upon legal Questions, and that it will be necessary the Judges should be present when the same comes on before their Lordships; but as some of the Judges and the Petitioner's Counsel will not return from their respective Circuits before the said 6th of April," the Petitioner therefore most humbly prays their Lordships, That the Hearing of this Cause may be adjourned to Monday the 4th Day of May next, or to such other Time as to their Lordships shall seem meet; the Agent for the said Plaintiffs having signed the said Petition as consenting thereto:"

It is Ordered, That the Hearing of the said Cause be adjourned to Monday the 4th Day of May next, as desired.

Degen'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 Christopher Degen with Catherine Furlong 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 some Amendments thereto, which he was ready to report when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Greenwich Hospital Exchange Bill.

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

With a Bill, intituled, "An Act for empowering the Commissioners and Governors of the Royal Hospital for Seamen at Greenwich, in the County of Kent, to exchange certain Messuages, Lands, Tenements, Tithes and Hereditaments, belonging to them, in the Parishes of Alawick, Embleton and Warkworth, in the County of Northumberland, for other Lands belonging to the Most Noble Hugh Duke of Northumberland, in some one or more of the Open Common Fields at Corbridge, in the said County; and to empower the said Commissioners and Governors to grant Leases in Manner therein mentioned;" to which they desire the Concurrence of this House.

Whitstable Oyster Fishery Bill.

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

With a Bill, intituled, "An Act for more effectually securing the Oyster Fishery at Whitstable, in the County of Kent;" to which they desire the Concurrence of this House.

Billinghay Drainage Bill.

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

With a Bill, intituled, "An Act for authorizing the Commissioners appointed by an Act of the last Session of Parliament, for draining and improving Lands and Grounds in the Parish of Billinghay, in the County of Lincoln, to raise and complete certain Banks and Works which are under the Jurisdiction of the General Commissioners for draining Lands on both Sides the River Witham; and for reimbursing the Money expended therein, not exceeding a Sum therein mentioned;" to which they desire the Concurrence of this House.

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

Adjourn.

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

DIE Veneris, 3^o Aprilis 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Hamilton et al. against E. Selkirk and Douglas.

Counsel (according to Order) were called in to be heard in the Cause wherein Douglas Duke of Hamilton and Brandon, Marquis of Douglas, &c. and his Guardians, are Appellants, and Dunbar Earl of Selkirk, and Archibald Douglas of Douglas Esquire, are Respondents.

Mr. Solicitor General was heard for the Appellants.

Mr. Dunning was heard also for the Appellants.

The Counsel were directed to withdraw.

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

Whitstable Oyster Fishery Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually securing the Oyster Fishery at Whitstable, in the County of Kent."

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.

Greenwich Hospital Exchange Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for empowering the Commissioners and Governors of the Royal Hospital for Seamen at Greenwich, in the County of Kent, to exchange certain Messuages, Lands, Tenements, Tithes and Hereditaments, belonging to them, in the Parishes of Alnwick, Embleton, and Warkworth, in the County of Northumberland, for other Lands belonging to the Most Noble Hugh Duke of Northumberland, in some One or more of the Open Common Fields at Corbridge, in the said County; and to empower the said Commissioners and Governors to grant Leases in Manner therein mentioned."

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

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

Messages from H. C. to return Bp. Durham's Estate Bill:

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

To return the Bill, intituled, "An Act for vesting the several yearly Rents and Copyhold Fines, payable to the Lord Bishop of Durham, and his Successors, and issuing out of the several Messuages, Lands and Tenements, within the Manor of Howden, in the East Riding of the County of York, in Trustees to be sold; and for enabling the said Lord Bishop of Durham, and his Successors, to enfranchise the several Customary or Copyhold Messuages, Lands and Tenements, within the said Manor; and for applying the Money arising from such Sale and Enfranchisement, in the Manner therein mentioned;" and to acquaint this House, That they have agreed to the same, without any Amendment.

And Worsop's Bill.

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

To return the Bill, intituled, "An Act to enable John Arthur Worsop (heretofore called John Arthur Esquire) to settle a Jointure upon any Woman or Women he may hereafter marry, on the Terms therein mentioned;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Barby Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Manor, Parish and Liberties of Barby, in the County of Northampton.

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

It was resolved in the Affirmative.

Kerfall Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Pastures, Commons and Waste Grounds, in the Township of Kersall, in the Parish of Kneesall, and County of Nottingham."

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

It was resolved in the Affirmative.

Little Berkford Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming a Division and Enclosure of the Common Fields, Common Meadows and Common Pastures, within the Parish of Little Berkford, in the County of Bedford, and certain Exchanges of Lands and Estates within the said Parish."

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

It was resolved in the Affirmative.

Leckhampton Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, Common Meadows and Pasture, Waste Grounds and other Commonable Lands, in the Parish of Leckhampton, in the County of Gloucester, and several shall Parcels of the said Fields which extend into the Parish of Cheltenham, in the same County."

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

It was resolved in the Affirmative.

Bolingbrooke &c. Small Debts Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the Soake of Bolingbrooke and Wapentake of Candleshoe, in the Parts of Lindsey, in the County of Lincoln."

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

It was resolved in the Affirmative.

Ely Small Debts Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the Isle of Ely, in the County of Cambridge."

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

It was resolved in the Affirmative.

Tetbury, &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Tetbury in the County of Gloucester, to and through Malmesbury to Chippenham Bridge, in the County of Wilts, and from Malmesbury to the Turnpike Road at or near Jackament's Bottom, in the said County of Gloucester; and also the Road from Farringdon to Cricklade, from thence to Malmesbury, and to the Turnpike Road at Acton Turville; and also from Sherstone to the Turnpike Road leading from Tetbury to Bath."

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

It was resolved in the Affirmative.

Donington Bridge Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act made in the Thirty-first Year of the Reign of His late Majesty King George the Second, intituled, "An Act for repairing and widening the Roads from Donington High Bridge, to Hale Drove, and to the Eighth Mile Stone in the Parish of Wigtost, and to Langret Ferry, in the County of Lincoln."

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

It was resolved in the Affirmative.

Stow Poor Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better Relief and Employment of the Poor within the hundred of Stow, in the County of Suffolk."

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

It was resolved in the Affirmative.

Wakefield to Sheffield Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Thirty-first Year of the Reign of His late Majesty, for repairing the Road from Leeds to Sheffield, in the County of York, so far as the same relates to the Road from Wakefield to Sheffield; and also One other Act made in the First Year of the Reign of His present Majesty, for amending and rendering more effectual the said Act."

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

It was resolved in the Affirmative.

Land Tax Commissioners Bill;

Hodie 3^a vice lecta est Billa, intituled, "An Act for appointing Commissioners to put in Execution an Act of this Session of Parliament, intituled, An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-eight," together with those named in Two former Acts, for appointing Commissioners of the Land Tax."

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

It was resolved in the Affirmative.

Tobacco Bill;

Hodie 3^a vice lecta est Billa, intituled, "An Act for allowing the Re-importation of Unmanufactured Tobacco from Foreign Parts, although the same may have been sold Abroad; and the Importation of Tobacco, the Growth and Product of the Island of Dominica, under certain Regulations and Restrictions.

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

It was resolved in the Affirmative.

Portsmouth, &c. Corn Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for allowing Corn, Grain and Flour, imported into the Ports of Portsmouth, Sandwich, Chichester and Chester, to be landed without Payment of the Duties, under the like Restrictions as Corn, Grain and Flour, is allowed to be landed at the several Ports mentioned in an Act, made in the Thirteenth Year of the Reign of His present Majesty, intituled, "An Act to regulate the Importation and Exportation of Corn."

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 Thirteen preceding Bills.

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

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

Horne against The King, in Error.

Ordered, That the Hearing of the Errors argued assigned upon the Writ of Error wherein John Horne Clerk is Plaintiff, and The King is Defendant, which stands appointed for Wednesday next, be put off to Wednesday the 6th Day of May next; and that the Judges do then attend.

Napton upon the Hill Enclosure Bill, King's Consent signified.

The Lord Chancellor acquainted the House, "That His Majesty having been informed of the Contents of the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows and Commonable Lands and Grounds, within the Parish and Liberties of Napton upon the Hill, in the County of Warwick," was pleased to consent (as far as His Majesty's Interest is concerned) That their Lordships may proceed therein, as they shall think fit."

Degen's Divorce Bill.

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the whole House, to the Bill, intituled, "An Act to dissolve the Marriage of George Chrislopher Degen with Catherine Furlong his now Wife, and to enable him to marry again; and for other Purpose therein mentioned:

Ordered, That the said Report be received on Monday next.

Billinghay Drainage Bill, Petitions against.

Upon reading the Petition of the several Persons whose Names are thereunto subscribed:

And also, Upon reading the Petition of the several Persons whose Names are thereunto subscribed, taking Notice of a Bill depending in this House, intituled, "An "Act for authorizing the Commissioners appointed by an Act of the last Session of Parliament, for draining and improving Lands and Grounds in the Parish of Billinghay, in the County of Lincoln, to raise and complete certain Banks and Works which are under the Jurisdiction of the General Commissioners for draining Lands on both Sides the River Witham; and for reimbursing the Money expended therein, not exceeding a Sum therein mentioned;" and praying their Lordships, "That they may be heard by themselves, or Counsel, against the said Bill:

It is Ordered, That the Petitioners be at Liberty to be heard by their Counsel against the said Bill, at the Second Reading thereof; and that Counsel be heard for the Bill at the same Time, if they think fit.

Adjourn.

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

DIE Lunæ, 6^o Aprilis 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Hamilton, et al. against E.Selkirk & Douglas:

Counsel (according to Order) were called in to be further heard in the Cause wherein Douglas Duke of Hamilton and Brandon, Marquis of Douglas, &c. and his Guardians, are Appellants, and Dunbar Earl of Selkirk and Archibald Douglas of Douglas Esquire, are Respondents; and the Counsel for the Appellant having waived all Objections to the Decree appealed from, except what arose from the Deed 16th October 1744, and having been heard last Friday upon the Nature and Effect of the said Deed; and the Cause having been adjourned for further Hearing to this Day, the Counsel for the Appellant alledged, that last Saturday, upon inspecting the said Original Deed, they had discovered that the Words in the Marginal Note were ("and Female,") which they apprehended to be a Circumstance very important in their Favour. The Counsel for the Respondent, Mr. Douglas, alledged, that it was a material Circumstance on their Side of the Question; and that it had been taken Notice of in the Pleadings in the Cause determined in 1762; but it was agreed on both Sides, that no Notice had been taken of these Circumstances on either Side in the Arguments in this Cause: Their Lordships, therefore, without exercising any Judgement as to the Materiality of them, think fit to remit the Cause to the Court of Session; and to direct them to consider, whether the Marginal Note, as it appears upon the Face of the said Original Deed, makes any Difference as to the Question decided by them in this Cause upon the Nature and Effect of the said Deed:

Judgement.

It is Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That the Cause be remitted back to the Court of Session in Scotland, to consider, Whether the Marginal Note, as it appears upon the Face of the said Original Deed of the 16th of October 1744, makes any Difference as to the Question decided by them in this Cause upon the Nature and Effect of the said Deed: And it is further Ordered, That the further Hearing of this Appeal be adjourned Sine die, with Liberty for either Party to apply to this House, when the said Court of Session shall have given their Opinion upon this Reference.

Severn and Verniew Fisheries Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for the better Preservation of Fish, and regulating the Fisheries in the Rivers Severn and Verniew, 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."

Reading, &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, passed in the Fourth Year of King George the First, and the Ninth and Thirtieth Years of King George the Second, for repairing the Highways from Crown Corner in the Town of Reading, leading by and through the several Parishes of Shinfield and Heckfield, in the several Counties of Berks, Wilts and Southampton, to Basingstoke, in the said County of Southampton," was committed.

Chippenham Bridge, &c. Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and widening the Road from Chippenham Bridge in the County of Wilts, to the Top of Togg Hill, in the County of Gloucester; and from the Stone Pillar to the Top of Old Sodbury Hill, in the said County of Gloucester," was committed.

Sir L. Dundas's Estate Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act to authorize Sir Lawrence Dundas Baronet, and the several other Persons therein named, to insert in a Deed of Disposition and Conveyance of Lands and Hereditaments in Scotland, agreed to be settled by Articles made previous to the Marriage of Thomas Dundas Esquire, with Lady Charlotte his Wife, the like Power of Exchange, as is contained in the Settlement made previous to the said Marriage, of certain Estates of the said Sir Lawrence Dundas in England," 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.

Ealing Common Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for confirming, establishing and making effectual, certain Articles of Agreement made and entered into, for enclosing and dividing the several Commons called Ealing Common, Ealing Green and Cook's Hill, in the Parish of Hampstead Norreys, in the County of Berks; and for exchanging certain Lands in the said Parish," was committed.

Henley Schools Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for uniting the Free Grammar School of James King of England, within the Town of Henley upon Thames, in the County of Oxford, with the Charity School founded in the same Town by Dame Elizabeth Periam Widow; and for the better Regulation and Management of the said Endowments," 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 made One Amendment thereto."

Which Amendment was read by the Clerk, as follows, (videlicet,)

Pr. 17. L. 35.

After ("with") insert ("and the major Part of the Trustees appointed by, or in pursuance of this Act, shall be deemed the Quorum for putting this Act in Execution, except in such Cases as by any Bye-Law to be made in pursuance of this Act, shall be specified and directed.")

And the said Amendment, being read a Second Time, was agreed to by the House.

Severn and Verniew Fisheries Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better Preservation of Fish, and regulating the Fisheries in the Rivers Severn and Verniew."

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

It was resolved in the Affirmative.

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

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

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

Sir L. Dundas's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to authorize Sir Lawrence Dundas Baronet, and the several other Persons therein named, to insert in a Deed of Disposition and Conveyance of Lands and Hereditaments in Scotland, agreed to be settled by Articles made previous to the Marriage of Thomas Dundas Esquire, with Lady Charlotte his Wife, the like Power of Exchange as is contained in the Settlement made previous to the said Marriage, of certain Estates of the said Sir Lawrence Dundas in England."

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

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Whitechapel Paying Bill.

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

With a Bill, intituled, "An Act for paving Parts of the Foot Paths on the Sides of the Great Road called Whitechapel Road, in the County of Middlesex; and also the several Streets, Lanes, Roads and Passages, opening into the same; and for preventing Obstructions, Nuisances and Annoyances therein, and near thereto;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Franklin against Fearon, in Error.

The Earl of Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner delivered in at the Table, a Writ of Error, wherein

Henry Franklin is Plaintiff,

and

Anthony Fearon Defendant.

Luttrell's Bill:

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable the Honourable Temple Simon Luttrell to make a Jointure upon his intended Wife out of his Settled Estate, and for making a Provision by way of Equivalent in lieu thereof, was committed: " That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto.

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

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

Petition of H. Luttrell to recommit said Bill.

Upon reading the Petition of the Honourable Henry Lawes Luttrell, setting forth, "That the Petitioner has seen in Print a Bill, intituled, "An Act to enable the Honourable Temple Simon Luttrell to make a Jointure on his intended Wife out of his Settled Estate, and for making a Provision by way of Equivalent in lieu thereof:" That the Petitioner is informed, the said intended Act hath been referred by their Lordships to a Committee, who have not yet made their Report: That the Petitioner hath not been served by the Parties with any Summons or Notice of the passing the said Act; and did not receive the Print of the Bill in Time to make his Objections thereto at the Committee:" And therefore praying their Lordships to order the said Bill to be re-committed; and that the Deed of the 9th of May 1769, in the Petition mentioned, may be produced to the Committee; and that the Petitioner may be at Liberty there to offer such Amendments and Clauses to the Bill for rectifying the Errors therein, and preserving and securing his Right and Interest, as he shall be advised:

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

Naunton 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, Hills, Downs, Pastures and Commonable Lands, within the Parish of Naunton, in the County of Gloucester; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return L. Bingley's Exemplification Bill.

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

To return the Bill, intituled, An Act for exemplifying or enrolling the Will of George late Lord Bingley deceased, and making such Exemplification, or attested Copies of the Enrolment thereof, Evidence as well in Ireland as in Great Britain; and to acquaint this House, That they have agreed to the same, without any Amendment.

Fenny Compton Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields; Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Manor, Parish and Liberties of Fenny Compton, in the County of Warwick; to which they desire the Concurrence of this House.

Byfield and Westrup 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 and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Manor, Parish and Liberties of Byfield and Westrup, in the Parish of Byfield, in the County of Northampton; to which they desire the Concurrence of this House.

Floore 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 encloting the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Manor, Parish and Liberties of Floore, otherwise Flower, in the County of Northampton; to which they desire the Concurrence of this House.

Westhay Moor Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing a certain Common or Tract of Commonable Land, called or known by the Name of Westhay Moor, within the Parish of Mear, in the County of Somerset; to which they desire the Concurrence of this House.

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

Messages from H. C. to return Bond's Bill:

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

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

and De Bruges Naturalization Bill.

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

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

Degen's Divorce Bill.

The Lord Scarsdale (according to Order) reported the Amendments made by the Committee of the whole House, to the Bill, intituled, "An Act to dissolve the Marriage of George Christopher Degen with Catherine Furlong his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

And the same, being read Twice by the Clerk, were agreed to by the House.

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

L. Foley's Estate Bill.

The Duke of Portland reported from the Lords Committees, to whom the Bill, intituled, "An Act for settling a Jointure upon the Right Honourable Harriot Lady Foley, to take effect from the Death of the Right Honourable Thomas Lord Foley, her Husband (in case she shall survive him) in pursuance of Articles executed previous to their Marriage; and to enable the Trustees and Executors named in the last Will and Testament of Thomas Lord Foley, lately deceased, to raise Money by Sale of Part of his Lordship's Real Estates, and by Sale of Timber growing thereon, and by other Means, for Payment of certain Debts and Engagements of the said Thomas now Lord Foley, and of the Honourable Edward Foley Esquire, his Brother; 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 several Amendments thereto."

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

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

Ordered, That the said Bill be read a Third Time on Wednesday next; and the Lords summoned.

Causes put off.

Ordered, That the Hearing of the Cause wherein Sir Lawrence Dundas Baronet is Appellant, and Patrick Honeyman and others are Respondents, which stands appointed for Wednesday next, be put off to Friday next; and that the rest of the Causes be removed in Course.

Dobbin's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Clotworthy Dobbin Esquire, with Mary his now Wife, and to enable him to marry again; and for other Purposes therein mentioned, which stands appointed for Tomorrow, be put off to Wednesday next, and the Lords summoned; and that the several Persons who were ordered to attend on that Day, do then attend.

Wray against Watson:

Upon reading the Petition of David Watson, Defendant in a Writ of Error depending in this House, wherein Hilton Wray is Plaintiff:

Stephens against Timson & Jones:

And also, Upon reading the Petition of William Timson and Robert Jones, Defendants in a Writ of Error depending in this House, wherein Stephen Stephens is Plaintiff; setting forth, "That the Plaintiffs have not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore praying, "That the said Writs of Error may be Non-pros'd, with such Costs, as to their Lordships shall seem meet:

Writs of Error Non-pros'd with Costs.

It is Ordered, That the Petitioners do forthwith enter a Non-pros. on the said Writs of Error as desired; and that the Records be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgements given by that Court, as if no such Writs of Error had been brought into this House; and further, That the Plaintiffs in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Forty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgements.

Adjourn.

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

DIE Martis, 7^o Aprilis 1778.

Domini tam Spirituales quam Temporales presentes fuerunt:

PRAYERS

Rye Harbour Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for further continuing so much of certain Duties, as have by several Acts of Parliament been granted and continued for repairing and maintaining the Harbours of Dover and Rye, as are applicable to completing and keeping in Repair the said Harbour of Rye, in the County of Sussex."

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

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

Henley Schools Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for uniting the Free Grammar School of James King of England, within the Town of Henley upon Thames, in the County of Oxford, with the Charity School founded in the same Town, by Dame Elizabeth Periam Widow; and for the better Regulation and Management of the said Endowments."

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

It was resolved in the Affirmative.

Message to H. C. with an Amendment to it.

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

To return the said Bill, and acquaint them, That the Lords have agreed to the same with One Amendment, to which their Lordships desire their Concurrence.

Degen's Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of George Christopher Degen with Catherine Furlong his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

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

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Chippenham Bridge, &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Chippenham Bridge, in the County of Wilts, to the Top of Togg Hill, in the County of Gloucester; and from the Stone Pillar to the Top of Old Sodbury Hill, in the said County of Gloucester.

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

It was resolved in the Affirmative.

Reading, &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of several Acts, passed in the Fourth Year of King George the First, and the Ninth and Thirtieth Years of King George the Second, for repairing the Highways from Crown Corner, in the Town of Reading, leading by and through the several Parishes of Shinfield and Heckfield, in the several Counties of Berks, Wilts and Southampton, to Basingstoke, in the said County of Southampton."

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

It was resolved in the Affirmative.

Ealing Common Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming, establishing and making effectual, certain Articles of Agreement made and entered into, for enclosing and dividing the several Commons called Ealing Common, Ealing Green and Cook's Hill, in the Parish of Hampstead Norreys, in the County of Berks; and for exchanging certain Lands in the said Parish."

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 the former Messengers:

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

Whitechapel Paving Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for paving Parts of the Foot Paths on the Sides of the Great Road, called Whitechapel Road, in the County of Middlesex; and also the several Streets, Lanes, Roads and Passages opening into the same; and for preventing Obstructions, Nuisances and Annoyances therein, and near thereto."

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

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

Finey to enter into Recognizance on Baillie's Appeal.

The House being moved, "That George Finey, of Lewisham, in the County of Kent, Esquire, may be permitted to enter into a Recognizance for Arthur Baillie Esquire, on account of his Appeal depending in this House, he living in Ireland:"

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

Broad Wheel Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for repealing so much of an Act made in the Thirteenth Year of His present Majesty's Reign, intituled, "An Act to explain, amend and reduce into One Act of Parliament, the General Laws now in being, for regulating the Turnpike Roads in that Part of Great Britain called England, and for other Purposes," as is to subject Carriages having the Fellies of the Wheels thereof of less Breadth or Gauge than Six Inches, to the Payment of double Tolls; and for vacating Contracts for leasing Tolls;" and for the Lords to be summoned:

The House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed:

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

Ordered, That the said Bill be read the Third Time To-morrow; and that the Lords be summoned.

Halliwell and Finsbury Sewers Bill.

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

With a Bill, intituled, "An Act for making proper Drains and Sewers for the Purpose of carrying off the Water from the Prebendal Estate of Halliwell and Finsbury, in the Suburbs of the City of London; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

Hanflop Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures and Common Meadows, within the Parish of Hanslop, in the County of Buckingham;" to which they desire the Concurrence of this House.

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

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

To return the Bill, intituled, "An Act for vesting the Settled Estate of John Bullock Esquire, and Elizabeth his Wife, in the County of Chester, in Trustees to be sold, for raising Money to discharge an Incumbrance thereon; and laying out the Surplus in the Purchase of Lands and Hereditaments, to be settled to the Uses limited of the said Settled Estate;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Morpeth, &c. Road Bill.

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

With a Bill, intituled, "An Act to enlarge the Term and Powers of an Act passed in the Twenty-fifth Year of the Reign of His late Majesty King George the Second, for repairing the Road leading from the Town of Morpeth, by or through Mitford, Thropple, Long Witton, and by the North Side of Rothley Park Wall, to Sting Cross, and to the High Cross in Elsdon, in the County of Northumberland;" to which they desire the Concurrence of this House.

Harrington's Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable the Reverend Richard Harrington, and the Receiver for the Time being of the Estates of Arthur Champernowne Esquire, an Infant, to grant Leases and Setts of the same Estates, during his Minority," 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.

Napton upon the Hill Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows and Commonable Lands and Grounds, within the Parish and Liberties of Napton upon the Hill, in the County of Warwick," was committed.

Greenwich Hospital Exchange Bill.

The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for empowering the Commissioners and Governors of the Royal Hospital for Seamen at Greenwich, in the County of Kent, to exchange certain Messuages, Lands, Tenements, Tithes and Hereditaments, belonging to them, in the Parishes of Alnwick, Embleton and Warkworth, in the County of Northumberland, for other Lands belonging to the Most Noble Hugh Duke of Northumberland, in some one or more of the Open Common Fields at Corbridge, in the said County; and to empower the said Commissioners and Governors to grant Leases in Manner therein mentioned," was committed.

Napton upon the Hill Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows and Commonable Lands and Grounds, within the Parish and Liberties of Napton upon the Hill, in the County of Warwick."

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

It was resolved in the Affirmative.

Greenwich Hospital Exchange Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for empowering the Commissioners and Governors of the Royal Hospital for Seamen at Greenwich, in the County of Kent, to exchange certain Messuages, Lands, Tenements, Tithes and Hereditaments, belonging to them, in the Parishes of Alnwick, Embleton and Warkworth, in the County of Northumberland, for other Lands belonging to the Most Noble Hugh Duke of Northumberland, in some one or more of the Open Common Fields at Corbridge, in the said County; and to empower the said Commissioners and Governors to grant Leases in Manner therein mentioned."

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, 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.

Luttrell's Bill.

It was moved, "That the Bill, intituled, " An Act to enable the Honourable Temple Simon Luttrell to make a Jointure upon his intended Wife out of his Settled Estate, and for making a Provision by way of Equivalent in lieu thereof;" be now read the Third Time."

The said Bill was accordingly read the Third Time.

Then it was moved, "That the Petition of the Honourable Henry Lawes Luttrell, praying that the said Bill may be re-committed, presented to the House Yesterday, might be read."

The same was accordingly read by the Clerk.

Then it was moved, "That the said Bill do pass."

The Question was put thereupon?

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Whitstable Oyster Fishery Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually securing the Oyster Fishery at Whitstable, in the County of Kent," was committed: " That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

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

Floore Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Manor, Parish and Liberties of Floore, otherwise Flower, in the County of Northampton."

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

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

Byfield and Westrup Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Manor, Parish and Liberties of Byfield and Westrup, in the Parish of Byfield, in the County of Northampton."

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.

North America, Motion for Address to His Majesty relative to:

The Order of the Day being read for the further Consideration of the State of the Nation; and for the Lords to be summoned:

Moved, "That an humble Address be presented to His Majesty, to inform His Majesty that, in the serious Situation in which we found Publick Affairs at the Opening of this Session of Parliament, this House thought it an indispensable Duty to take into Consideration the Sate of the Nation.

That we have examined, in a Committee of the whole House, a great Number of Returns, Accounts and Papers, respecting the Forces both by Land and Sea, which have been employed in North America during the Three Years respectively, that the present Civil War has continued.

That we have also enquired into the Number of Lives which have been lost in this unhappy Contest.

That we have considered the Advantages which have been gained, and the Disadvantages which have been suffered by His Majesties Armies, and those of His Allies; the Progress which has been made, and what yet remains to be done towards reducing by Force of Arms, the Thirteen revolted Provinces in North America.

That we have further considered the present State of His Majesty's Forces in that Part of the World, how far they are deficient from what they were in the Course of the last Campaign, and how it may be possible to render them adequate to the Reduction of the Colonies by Force of Arms.

That we have informed ourselves of the Number of Old Corps, and of their Strength, which are left in Great Britain, Ireland, Gibraltar, Minorca, and the West Indies, for the Security of these several Parts of the Empire.

That we have also weighed the Resources which may be expected from the New Levies His Majesty has thought proper to direct, how far it may be safe to spare any more of the Old Corps, or how far the New Levies, as yet only raising, can be a Recruit for the Army in North America.

That we have given much Attention to the State of the Navy, at all Times the great Bulwark of Defence for these Kingdoms, but particularly so while so great a Part of our Land Forces and those of our Allies are on the other Side of the Atlantic.

That we have examined respectable Merchants upon Oath as to the Losses sustained by the People of Great Britain from Captures made by the Americans, and touching the Effects which the present War has upon the Commerce of this Kingdom.

That we have considered the Expences already incurred, and those which necessarily must attend the further Prosecution of this War.

To assure His Majesty that in the Investigation of these various, great and extensive Objects, we have spared no Pains to obtain just and true Information. That our Enquiries have been conducted with that Temper and Fairness which is most likely to obtain Truth, to produce wife Counsel, and to give Weight to our Opinions.

That as it is our peculiar Province to watch over the Conduct of His Majesty's Ministers, and to lay before His Majesty such salutary Opinions as the Exigency of Affairs may require, we are necessitated to offer to His Majesty the following dutiful Representation resulting from Facts, as they have appeared to us in this great Enquiry.

That according to the Returns laid before this House, the effective Numbers of His Majesty's Land Forces in North America in 1774, consisted of Six thousand eight hundred and eighty-four Men; in 1775, of Eleven thousand two hundred and nineteen Men; in 1776 of Forty-five thousand eight hundred and sixty-five Men; in 1777, of Forty-eight thousand six hundred and sixteen Men.

That these Forces had the Assistance of a very great and well appointed Train of Artillery.

That in the Course of the said Years, there were employed no less than Eighty-three Men of War and armed Vessels, whole Complement of Men amounted to Twenty-two thousand three hundred and thirty-seven.

That no Grants were spared by Parliament to enable His Majesty's Ministers to render these Armaments as compleat and effectual as possible, and certainly this Country never sent out a greater or more respectable Force.

But great and respectable as it was, yet after Three Years Trial, and various Successes (among which have been Victories obtained by His Majesty's Troops over the Chief American Army) the Acquisitions we have made, consist only in Two open Towns, difficult to be maintained, and a few Islands on the Coast; while all the Continental Parts of Rhodc Island, New York, Pensylvania and the whole Provinces of New Hampshire, Massachusets Bay, Connecticut, the Three Counties on Delawar, Maryland, Virginia, North Carolina, South Carolina and Georgia, still remain to be subdued.

That there (fn. 1) has been sent from Great Britain upwards of Sixty thousand Land Forces, and Twentytwo thousand Seamen.

That the Loss of Men, by Death, Desertion or otherwise, in North America, according to the last Returns laid before this House, had, in the Land Forces, amounted to Nineteen thousand three hundred and eighty-one, besides Five thousand three hundred and thirty-six Prisoners; and that there were at that Time Four thousand six hundred and thirty-nine sick.

That the Loss in the Navy appeared to have been Four thousand three hundred and fourteen Men; so that there had been already lost to this Country at the Time when those Returns were sent to England, no less than Twenty-nine thousand and thirty-one Men, exclusive of the Sick.

That it appeared that the Remains of the Army divided in Philadelphia, New York, Rhode Island and Canada, consisted altogether of no more than Thirty-six thousand seven hundred and thirty-one Men fit for Duty, Officers included.

That to recruit this Army to what it was last Year, will require a Reinforcement of at least Eleven thousand eight hundred and eighty-five Regular Old Troops.

That the Numbers in Old Corps in Great Britain, Ireland, Gibraltar and Minorca, together with the New Levies which are raising, appear to us on a full Examination of all the various Services, to be such as not to render it in any Degree prudent or safe to remove any Part of the said Troops to America, at a Time when so great a Part of our Land and Sea Force is already in that remote Part of the World, at too great a Distance to assist this Country in case of a sudden Emergency.

That it appeared that the Navy in North America would also want a very great Reinforcement of Ships and Men.

That from this View of Things, we are led to conclude, that if the whole Force in North America (which for these last Two Years has been so greatly superior to what there seems to be any Possibility of making it in the Course of this Year) has made so little Impression towards the Reduction of the Provinces by Arms, at a Time when they were very deficient in Military Preparations of all Sorts, had neither Money, Arms, Ammunition, Magazines, Cloathing, Discipline or Government, when the Assistance they might receive from Foreign Nations was far less than it has been since, and is likely to be in future, by the avowed Part which France has taken; it is not reasonable to suppose that they may now be reduced by a Force, which we cannot make even equal to that which has failed, under Circumstances in every respect more favourable.

That with regard to our Naval Strength in Europe, it appears that far from being in that respectable Condition, which it has often been officially represented by the First Lord of the Admiralty in the Course of this Session, that essential Part of our Strength is noways answerable to the vast Sums expended on it, or to the various and extensive Services which it may be called very shortly to fulfil.

That the Value of the Captures made by the Americans on the Merchants of Great Britain, amount to upwards of Two millions six hundred thousand Pounds.

That the African Trade is almost annihilated, having suffered a Diminution of no less than One million four hundred thousand Pounds per Annum.

That the West India Islands are much distressed, and that the great increased Price of many essential Articles of Trade, and particularly of Naval Stores and Insurance, are such a Burthen on the Commerce of this Kingdom, as must greatly affect its Prosperity.

That the Expences on account of this War, over and above the ordinary high Expence of a Peace Establishment, as it has been voted of late Years, would, with the extraordinary Charges not yet provided for, amount to near Twenty-four millions, if Peace was instantly concluded; but if the American War alone is continued only for One Campaign more, the additional Expence will probably amount to Nine Millions, making in all Thirty-three millions expended in this Contest. Such an Increase of Debt, the Interest of which is equal to the Nett Produce of the Land Tax at Three Shillings in the Pound, added to our former Burthens, will, we fear, with our diminished Trade, be difficult for this Country to support with National Faith.

That we have made some Enquiry into the Manner in which certain Parts of this enormous Expenditure have been conducted, and we are sorry to find that the Mode of contracting and engaging for the Transports and Supplies of the Army has been unusual and prodigal, and such as affords Ground for Suspicion of corrupt Management.

That the State of Public Credit is truly alarming; the small Decrease of the National Debt, amounting scarcely to Ten Millions in the Course of Fifteen Years of Peace, bears no Proportion to the vast Increase in Times of War; it requires no Calculations to prove that a Debt, continually augmenting, must end in a Manner we are unwilling to think on. The National Debt has increased a Hundred Millions in the Memory of many of us; the natural Period and inevitable Consequence of this System appears to be at hand. As One principal Foundation of Credit is a Confidence in Government, we have much to apprehend under Ministers who have justly forfeited the good Opinion of the Nation; the want of Confidence complicated with the Effects of this enormous, and enormously growing Debt, appears from the low State of the Public Funds, and from the Discredit of the New Loan, which sells considerably under Par, although the Terms given this Year for Six Millions, are higher than those which were given for Twelve Millions in 1761, in the Seventh Year of a War with the House of Bourbon, and although we have hitherto had no Foreign War whatsoever.

That from this melancholy State of Facts, we see it impossible to carry on the present System of reducing America by force of Arms.

That we conceive this Impossibility not to have arisen from the Accidents of this War, but to result from the very Course of Nature; to be the necessary Consequence of an Attempt to reduce to Servitude a numerous People united in the Defence of their Liberties, in a distant, extensive and strong Country.

That we conceive that His Majesty and the Parliament could not have been induced to prosecute so fatal a War, but from being misled in the Information they received of the Disposition of the People in America, of their Disunion, and of the Possibility of reducing them by force of Arms to unconditional Submission, and to the Acknowledgment of the supreme Authority of Parliament, before a Complaint even of just Grievances should be listened to.

That it was the peculiar Duty of His Majesty's Ministers to procure correct Information on Matters of such high Importance, and to have laid the Whole of such Information before His Majesty, and before Parliament, previous to their proposing such Steps as have led us into our present calamitous Situation.

That we cannot but lament that when Propositions of a similar Nature to those lately proposed and enacted, were Three Years ago repeatedly offered to Parliament in both Houses, His Majesty's Ministers, the very Men who now have advised greater Concessions, did, upon delusive Arguments and false Representations, prevail on Parliament to reject those Propositions at a Time when they would probably have been successful, and might have prevented the prodigal, and, we fear, fruitless Waste of so much Treasure, and still more to be lamented Essusion of so much Blood.

That, under these Circumstances, we can give His Majesty no other Advice than instantly to withdraw His Fleets and Armies from the Thirteen revolted Provinces, where they are decaying and wasting, where they subsist with Difficulty, cost immense Sums of Money, can answer no good Purpose, particularly at this Time when they are much wanted for our Security at Home; to effectuate Conciliation with the Colonies on such Terms as may preserve their Goodwill, on the Preservation of which the future Greatness of this Nation may, in a great Measure, depend.

That the Armaments long since preparing in the Ports of France and Spain, and the late Declaration of the French Ambassador, although natural, are melancholy Consequences of the Measures which have been pursued, and make it indispensably necessary to view our Situation in a new Light: That we are no longer to consider ourselves as contending solely for Dominion over others; we are to look to our own Safety; we are to rescue, if possible, what remains of this Empire, from the further Effects of those Measures by which it has been reduced to its actual Limits. And as we apprehend that the present Calamities have arisen in a great Degree from the Degeneracy of the Times, and a Departure from the true Principles and Spirit of our Constitution, it would be highly expedient to endeavour at some sober well-digested Plan of Public Reformation, in order to restore the ancient Morals, and revive the original Character of this Nation.

That we think it our Duty on offering to His Majesty this unhappy but true Representation of the State of his Dominions, to express our Indignation at the Conduct of His Majesty's Ministers, who have caused it; who, by abusing His Confidence, have tarnished the Lustre of His Crown; who, by their unfortunate Counsels, have dismembered His Empire, wasted the Publick Treasures, sunk the Publick Credit, impaired the Commerce of His Kingdoms, disgraced His Majesty's Arms, and weakened His Naval Power, the Pride and Bulwark of this Nation; whilst, by delaying to reconcile the Differences which they had excited amongst His People, (fn. 2), then have suffered an Alliance to take place between the former Subjects and the antient Rivals of Great Britain, and have neither taken Measures to prevent, nor formed Alliances to counteract so fatal an Union.

That in this calamitous, although they trust not desperate Situation of Public Affairs, this House reposes its ultimate Hope in His Majesty's paternal Goodness: That we have no doubt that He will look back to the Principles both political and constitutional, which gave rise to the Revolution from whence we have derived the Happiness of being governed by Princes of His Illustrious House: That he will reflect on the Examples of His Predecessors from that auspicious Period, during which the Prosperity, the Opulence, the Power, the Territory, and the Renown of His Throne and Nation, have flourished and increased beyond all Example: That He will particularly call to mind the Circumstances of His Accession to the Crown, when he took Possession of an Inheritance so full of Glory, and of the Trust of preserving it in all its Lustre: That, deeply affected with these Considerations, He will be graciously pleased to put an End to a System too well understood in its Nature, and too forely felt in its Effects, which by the Arts of wicked Men has prevailed in His Court and Administration, and which, if suffered to continue, will complete the Miseries which it has begun, and leave nothing in this Country which can do Honour to His Government, or make the Name of an Englishman a Matter of that Pride and Distinction in which His Majesty and His Subjects had so much Reason to glory in former happy Times."

Which being objected to,

After Debate;

Debate adjourned.

Ordered, That the Debate upon the said Motion be adjourned till To-morrow; and the Lords summoned.

Fenny Compton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Manor, Parish and Liberties of Fenny Compton, 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 Tomorrow, at the usual Time and Place; and to adjourn as they please.

Adjourn.

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