House of Lords Journal Volume 35: May 1778 1-10

May 1778 1-10

DIE Veneris, 1^o Maii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir L. Dundas against Honeyman et al.:

After hearing Counsel, as well on Wednesday last as Yesterday and this Day, upon the Petition and Appeal of Sir Lawrence Dundas Baronet, complaining of an Interlocutor of the Lords of Session in Scotland, of the 10th of August 1776, and also of another Interlocutor of the said Lords, of the 28th of January 1777; and praying, "That the same might 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 His Majesty's Advocate and other Officers of State for Scotland, Patrick Honeyman of Gramesay Esquire, the Reverend Mr. George Trail of Hobister, Sir John Mitchell Baronet, of West Shore, John Bruce Stewart of Symbister, and others, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the Interlocutor of the 10th of August 1776, complained of in the said Appeal, be, and the same is hereby Affirmed, with the following Variation; (videlicet,) After the Words ("Feu Duties claimed") leave out the Words ("and as to the Casualties on Entries of Heirs or Singular Successors, reserve to him all Claim competent for the same before the Court of Exchequer, as accords; and reserve to the Officers of State and all others concerned, all Defences and Objections against the same"): And it is hereby also ordered and adjudged, That the Interlocutor of the 28th of January 1777, also complained of in the said Appeal, be, and the same is hereby Affirmed, with the following Variation; (videlicet,) After the Words ("Casualties claimed") leave out the Words ("but as to the Casualties on Entries of Heirs or Singular Successors, reserve all Claim competent to him for the same before the Court of Exchequer; and to the Officers of State and all others concerned, all Defences and Objections against the same, as accords, in Terms of the former Interlocutor"): And it is further ordered and adjudged, That the Cause be remitted to the Court of Session in Scotland, to give Judgement either upon the Matter of Right in Controversy between the Parties, with regard to the Appellant's Claim to the Casualties on Entries of Heirs or Singular Successors, and the Nature and Extent thereof, or upon the Incompetence of the said Court's Jurisdiction to take Cognizance of the Question.

Parish Apprentices 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 amend such Part of an Act, made in the Forty-third Year of the Reign of Queen Elizabeth, intituled, "An Act for the Relief of the Poor," as relates to the binding of Parish Apprentices."

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

Pr. 1. L. 21.

After ("Term") insert ("respecting Men, Children")

L.25.

Leave out from ("Years") to ("all") in the 27th Line of the same Press.

Pr. 2. L. 5.

"After ("any") insert (Man")

L. 12.

After ("such") leave out ("Man")

L. 13.

"Leave out from ("Years") to the End of the Bill."

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

Moorfields Streets Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for empowering the Mayor, Aldermen and Commons of the City of London, in Common Council assembled, to make a Street or Opening from Moorfields, opposite Chiswell Street, towards the East, into Bishopsgate Street; and also from the East End of Chiswell Street, Westward, into Barbican; and to raise, upon the Credit of the Surplusses to arise out of a certain Fund commonly called The Orphans Fund, the Sum of Sixteen thousand five hundred Pounds, for such Purpose."

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.

Findhorn Harbour Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act to en able Hector Munro Esquire to build and maintain a Harbour and Pier at the Town of Findhorn, in the County of Elgin and Forres," 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."

Stirling Highways and Bridges Bill:

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

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

It was resolved in the Affirmative.

Exchequer Loans Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for raising a certain Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and seventy-eight."

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

It was resolved in the Affirmative.

Exportation Bonds Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to repeal such Part of an Act, made in the last Session of Parliament, as relates to the Manner of discharging Bonds given for the due Exportation of certain Goods from Great Britain to Foreign Parts; and to extend such Part of the same Act, as obliges the Master of British or Irish Ships sailing from any of His Majesty's Dominions into the Baltic, to deliver a Manifest of their Cargoes to the British Consul residing there, to the like Vessels failing into Denmark, Norway and Archangel."

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

It was resolved in the Affirmative.

Bolnhurst Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open and Common Fields, and Commonable Lands and Grounds, within the Manor and Parish of Bolnhurst, in the County of Bedford; and for exonerating certain ancient Enclosures, within the said Manor and Parish, from the Payment of Tythes."

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

It was resolved in the Affirmative.

Findhorn Harbour Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Hector Munro Esquire, to build and maintain a Harbour and Pier at the Town of Findhorn, in the County of Elgin and Forres."

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 Five 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.

Aldersgate Street paving Bill.

Hodie 2^a vice lecta est Billa, intituled. "An Act for paving the High Street or Road leading from Aldersgate Bars, in the Parish of Saint Botolph without Aldersgate, London, to the Turnpike near the End of Goswell Street, in the County of Middlesex; and for applying the Sum of Five thousand Pounds, to be raised upon the Credit of the Surplusses to arise out of a certain Fund commonly called The Orphans Fund, for such Purpose."

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.

Keighley to Kirkby Road Bill, Petition against.

Upon reading the Petition of several of the acting Trustees for carrying into Execution an Act of the Twenty-sixth Year of His late Majesty, intituled, "An Act for repairing, amending and widening, the Road from Keighley, in the West Riding of the County of York, to Kirkby in Kendal, in the County of Westmorland," and others interested in the said Road, whose Names are thereunto subscribed; taking Notice of a Bill depending in this House, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act, made in the Twenty-sixth Year of the Reign of His late Majesty King George the Second, intituled, "An Act for repairing, amending and widening, the Road from Keighley, in the West Riding of the County of York, to Kirkby in Kendal, in the County of Westmorland;" and praying their Lordships, "That they may be heard by themselves or their Counsel against the said Bill, and that the Petitioners may have such Relief in the Premises, as to their Lordships, in their great Wisdom, shall seem meet:"

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

Land Forces &c. Recruiting Bill.

Ordered, That the Bill, intituled, "An Act for the speedy and effectual recruiting of His Majesty's Land Forces and Marines," be read a Second Time on Wednesday next; and the Lords summoned.

Lords summoned.

Ordered, That the Lords be summoned to attend the House on Monday next.

Adjourn.

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

DIE Lunæ, 4^o Maii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. De Lawarr takes his Seat:

This Day William Augustus Earl De Lawarr sat first in Parliament, after the Death of his Father, John Earl De Lawarr; his Lordship having first at the Table taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Pedigree delivered.

Garter King at Arms, delivered in at the Table his Lordship's Pedigree, pursuant to the Standing Order.

Luttrell against Lord Irnham.

Upon reading the Petition of Simon Lord Irnham, Plaintiff in Two Causes, in the First of which the Right Honourable Simon Lord Baron Irnham, in the Kingdom of Ireland, was Plaintiff, and Henry Lawes Luttrell Defendant; and in the Second, the said Simon Lord Baron Irnham was Plaintiff, and the said Henry Lawes Luttrell and Francis M^cFarland were Defendants; setting forth, That the Petitioner hath lately been served with an Order made by their Lordships on the 29th Day of April last, grounded on a Petition preferred by the said Henry Lawes Luttrell, which Petition, amongst other Things, stated their Lordships Order made on the 10th Day of March last, whereby, on reading an Order of the Court of Chancery in Ireland, made the 11th of July 1777, it was ordered and adjudged by their Lordships, that the Petition and Appeal preferred by the said Henry Lawes Luttrell should be dismissed; and praying, That their Lordships would be pleased to review the said Order of Dismissal of the said Petition and Appeal, and receive the said Appeal to reverse the several Orders therein mentioned; and that in the mean Time their Lordships would be pleased to order the Injunction which issued in the Second of these Causes to be set aside, and the said Henry Lawes Luttrell to be restored to the Possession of the House and Demesne of Luttrell's Town, thereinmentioned: That the Petitioner having carefully read the said Petition inserted in their Lordships said Order of the 29th of April, and finding some Matters therein erroneously stated, the Petitioner most humbly begs leave to set forth the true State thereof. The Petitioner finds that it is in the said Petition set forth, that after the Appeal of the said Henry Lawes Luttrell from the Orders therein mentioned, the Petitioner filed a Bill in the Court of Chancery of Ireland against the said Henry Lawes Luttrell, and also against Francis M^cFarland, Samuel Peach, Henry Thompson and William Dale, respecting the Possession of some small Parts of the Lands charged with the Annuity or Rent Charge of £.600, payable to the said Henry Lawes Luttrell; and that in the said last-mentioned Cause, and also in the Cause wherein the said Henry Lawes Luttrell; is Plaintiff, and the Petitioner is Defendant, an Order was made on the 11th Day of July 1777, whereby it was ordered, that an Agreement, bearing Date the 10th of July, should be made an Order of the said Court, and that the growing Payments of the said Annuity should be paid into Court, or in Default thereof, a Receiver was to be appointed, and an Account was thereby directed of the Arrears of the said Annuity, and of all other Accounts between the Parties: And it is in the said Petition further set forth, that the now Petitioner's Counsel produced on the Hearing of the said Appeal, the said Order of the 11th Day of July 1777, and read the same to their Lordships, notwithstanding the Clause therein contained, that the same should not affect the Decree obtained by the now Petitioner in his Possessory Cause on the said Appeal, and notwithstanding the said Order was made (as the said Petition suggests) in other Causes, and not those in which the Orders appealed from were made, and long after the pronouncing that Order: That the Petitioner humbly begs leave to inform their Lordships, that no Bill has been filed against the said Henry Lawes Luttrell, Francis M^cFarland, Samuel, Peach, Henry Thompson and William Dale, or against any or either of them, at any Time since the preferring the said Appeal, but such a Bill was filed, and was depending long before that Time; and although it may be true, that the said Order of the 11th Day of July was not made in the Causes mentioned in the Title of the said Petition, yet, in fact, the same was made for the Purpose of putting an End to all Questions between the Appellant and the Petitioner, respecting the Arrears of the Annuity for the Time past, (if there be any Arrear, which the Petitioner denies, as he has already done by his Answer to One of the Appellant's Bills), and also respecting the growing Payments of the said Annuity, and has provided for the Payment thereof, which Order was referred to in the Appellant's printed Case, and mentioned in the Opening of the Appellant's Case at their Lordships Bar; and being called for, (the Petitioner's Counsel having a true Copy thereof in his Hand) produced the same; but the Manner insinuated in the said Petition of producing the same, appears to the Petitioner to be incorrectly stated; for the Petitioner humbly avers, that the Appellant's Manner of proceeding was the Cause of the Production of the said Order, and not the Petitioner's. The Petitioner also humbly begs leave to insist, that the Appellant ought not to have preferred a Petition to their Lordships to rehear or review their Lordships former Order, not only on account of such Proceeding being new and unprecedented, and may tend to introduce an inconvenient Practice, but also because the Appellant is too late for such an Application, which, if it be tolerated, ought to be recent. But the Petitioner has been credibly informed, and undertakes to prove to their Lordships, if their Lordships will please to allow him Time to send for his Proofs, that after the said Order was made by their Lordships, the said Appellant first applied to the Court of Chancery in Ireland for an Attachment against the Petitioner for producing the Order of the 11th July 1777 at their Lordships Bar, which Complaint was dismissed; and the Appellant hath acquiesced therein, and not yet appealed therefrom. The Appellant next applied that the Injunction for delivering Possession might be suspended for a Week, to give him an Opportunity of removing his Horses and such Things, in and about the House as belonged to him; upon which Application the said Court gave him a Week's Time for those Purposes, and during such Time the Appellant not only removed his Horses and such Things in and about the House as belonged to him, (which could be but few, as the House was fully furnished with the Family Furniture, Books and Pictures of the Petitioner), but he totally stripped the House of all the Furniture, except Three Servants Beds, carrying away the Petitioner's Library, divers valuable Pictures, the Hangings of the Rooms, and near Twenty Beds; so that, as the Petitioner is informed by Letters from Lady Irnham, the House is wholly unfurnished; all which Acts, whether justisiable or not, are, as he humbly contends, an Acquiescence in their Lordships Order, and the same has had its full Effect since the Petitioner's Agent was afterwards put into Possession of the empty House by an Injunction; after which Proceedings, the Petitioner humbly submits, the Appellant is too late to complain of their Lordships Order. The Petitioner also humbly contends, that their Lordships Order is perfectly just, and that it would be unjust to restore the Possession to the said Appellant according to the Prayer of his said Petition; because, it appears that the Appellant was largely indebted to the Petitioner, and that the Annuity in question was not in Arrear at the Time when the Decree in question upon the Possessory Bill was pronounced: for, that on or about the 7th January, (which was not Two Months before the said Decree was pronounced) the Petitioner put in his Answer to a Bill filed against him by the Appellant, and therein stated and averred, that a large Balance was due from the Appellant to the Petitioner; and the Petitioner having before filed a Bill for an Injunction to restrain the Appellant from proceeding at Law under the Pretence of an Arrear, charged the Balance of Accounts to be due to the Petitioner, which Bill the Appellant answered, and upon his own Answer the Court continued the Injunction; so that the present State of the Proceedings afford every Ground for presuming that the Appellant has no just Demand on Account of the said Annuity. It also appears to the Petitioner by the Proceedings had under the Order of the 11th July 1777, that the whole Arrear of the Annuity which he has claimed before the Master, is no more than the Sum of £.868. 10s. 3½d.; but in such Charge the Appellant having omitted to give Credit to the Petitioner for divers Sums of Money received by him on the Petitioner's Account, to a very large Amount, for which the Petitioner hath claimed Credit by the Discharge carried in by him before the Master, by which Discharge the said Henry Lawes Luttrell appears to be, and is, as the Petitioner humbly insists, indebted to him on Balance of the said Account in the Sum of £.4,400 and upwards, besides a very large Sum of Money which the said Henry Lawes Luttrell stands indebted to the Petitioner on the general Account between them, before the Commencement of the said Annuity, as to which lastmentioned Sums the Petitioner hath also carried in a Charge, and is desirous to proceed in the said several Accounts with all Speed: That the said Henry Lawes Luttrell hath in his printed Case admitted, that all Arrears of the said Annuity of £ 600 were paid to him to the First Day of May 1771, save a small Balance; and it appears by a Memorial of the Registry of Deeds in Ireland, and the Petitioner has had Notice, that before such Time, (videlicet,) on the 25th of March 1771, the said Henry Lawes Luttrell assigned the said Annuity to Henry Thompson of the City of London Esquire; and the said Henry Lawes Luttrell hath also made some other Assignment thereof, or Charge thereon, to Samuel Peach, in the said Order of the 11th of July named, which is also registered: That the Petitioner conceives, that should the said Henry Lawes Luttrell be restored to the Possession of the said capital House and Demesne of Luttrell's Town, it could only be under a Pretence of securing of the supposed Arrears of the said Annuity, claimed to be no more than £.868, 10s. 3½d. and the growing Payments thereof, to the manifest Injury of the Petitioner, the yearly Value of the Premises demised to the Appellant being £.800 per Annum, with Timber thereon to the Value of £.5000 and upwards, and the other Estates liable to the said Annuity being £.2500 per Annum, and by the falling in of a Lease will be £.3000 per Annum in the Course of a Short Time; and as to the growing Payments thereof the same are amply secured by the said Order of the 11th of July, appointing a Receiver of the Estates charged therewith, (which are of the yearly Value as aforesaid); and the Petitioner hath hitherto made the said Payments into Court regularly, according to the Terms of the said Order, where the same remain, and are claimed by the said Mr. Thompson as the Assignee of the said Annuity;" and therefore praying their Lordships, That no Order may be made on the said Petition of the said Henry Lawes Luttrell; but that their Lordships said Order of the 10th of March last, dismissing the said Appeal, may remain in full force:"

It is Ordered, That the Matter of this Petition be heard at the Bar of this House this Day, at the same Time the Matter of the Petition of the Honourable Henry Lawes Luttrell is heard; and also upon the Merits of the Appeal, in case the Order of the 10th of March last, dismissing the Appeal, should be discharged.

Luttrell against Lord Irnham:

Counsel (according to Order) were called in, to be heard upon the Matter of the Petition of the Honourable Henry Lawes Luttrell, Appellant in an Appeal from the Court of Chancery in Ireland, complaining of an Order of the said Court of the 26th of February 1777, made in Two certain Causes, in the First of which Simon Lord Baron Irnham, in the Kingdom of Ireland, was Plaintiff, and the said Henry Lawes Luttrell Defendant; and in the last, the said Simon Lord Irnham was Plaintiff, and the said Henry Lawes Luttrell and Francis M^cFarland were Defendants; and also of an Order or Decree of the said Court of the 3d of March 1777, made in a certain Cause wherein the said Simon Lord Irnham was Plaintiff, and the said Henry Lawes Luttrell and Francis M^cFarland were Defendants; which by an Order of this House of the 10th Day of March last was dismissed, and praying their Lordships, "to take the Premises into their Consideration; and that their Lordships will be pleased to review the said Order of Dismissal of the Petitioner's aforesaid Petition and Appeal; and that their Lordships will be pleased to receive the Petitioner's Petition and Appeal, to reverse the said Order of the 26th Day of February 1777, and the said Order or Decree of the 3d of March 1777; and that in the mean Time, and until the Petitioner's said Appeal shall be received and heard by their Lordships, their Lordships will please to order the Injunction which issued in the Second of these Causes to be set aside, and the Petitioner to be restored to the Possession of the House and Demesne of Luttrell's Town, or to grant the Petitioner such Relief and Redress, as to their Lordships, in their great Wisdom, shall seem meet;" and also upon the Petition of the said Simon Lord Irnham, Respondent to the said Appeal, praying their Lordships "That no Order may be made on the said Petition of the said Henry Lawes Luttrell, but that their Lordships said Order of the 10th of March last, dismissing the said Appeal, may remain in full force:" And the Counsel for the Petitioners having been fully heard upon the Matter of the said Petitions:

It is Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, that the said Order of the 10th Day of March last, dismissing the said Appeal, be, and the same is hereby discharged.

Then the Counsel for the Appellant and the Respondent, having been fully heard upon the Merits of the said Appeal,

Orders Affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House; and that the said Order of the Court of Chancery in Ireland of the 26th of February 1777, and the Order or Decree of the said Court of the 3d of March 1777, therein complained of, be, and the same are hereby Affirmed.

Darby or Bridges Bill.

The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting in Trustees certain Messuages, Lands and Tenements, in the County of Surrey, settled in and by the Will of Thomas Bridges Esquire, deceased, to be sold and conveyed pursuant to Articles; and for laying out she Purchase Money in other Lands and Tenements, to be settled to the Uses of the said Will, 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.

Blackwood's Bill.

The Lord Sandys, made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for vesting certain Messuages, Lands, Tenements and Hereditaments, in the Parish of Crayford, in the County of Kent, comprized in the Marriage Settlement of Shovel Blackwood and Sarah his Wife, in Trustees, to the several Uses within mentioned; and also for vesting certain other Messuages, Lands, Tenements and Hereditaments, in the Parishes of Norborn, Betshanger, Ham, Sholdon and Poultons, in the said County of Kent, called Poulton Farm and West Street, and Park Gate Farm, entailed upon the Issue Male of the said Shovel Blackwood, in other Trustees, to the several Uses within mentioned," was committed.

Ordered, That the said Bill be engrossed.

Moorfields Streets Bill.

The Lord Sandys also reported from the Lords Committees, to whom the Bill, intituled, "An Act for empowering the Mayor, Aldermen and Commons of the City of London, in Common Council assembled, to make a Street or Opening from Moorfields opposite Chiswell Street, towards the East, into Bishopsgate Street; and also from the East End of Chiswell Street, Westward, into Barbican; and to raise upon the Credit of the Surplusses to arise out of a certain Fund, commonly called The Orphans Fund, the Sum of Sixteen thousand five hundred Pounds, for such Purpose," 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."

Aldersgate Street Paving Bill.

The Lord Sandys made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for paying the High Street or Road leading from Aldersgate Bars, in the Parish of Saint Botolph without Aldersgate, London, to the Turnpike near the End of Goswell Street, in the County of Middlesex; and for applying the Sum of Five thousand Pounds, to be raised upon the Credit of the Surplusses to arise out of a certain Fund, commonly called The Orphans Fund, for such Purpose," was committed.

Parish Apprentices Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend such Part of an Act made in the Forty-third Year of the Reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor," as relates to the binding of Parish Apprentices."

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

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

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

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

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

To return the Bill, intituled, "An Act for vesting the Settled Estate of Anthony Deane the Younger, Esquire, in the County of Worcester, in Trustees to be sold; and for laying out the Money arising by such Sale, together with other Monies therein mentioned, in the Purchase of other Lands and Hereditaments, to be settled in lieu thereof, to the several Uses therein expressed;" and to acquaint this House, That they have agreed to the same, without any Amendment.

and Harrington's Bill.

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

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

Ruskington Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Common Fields, Meadow Grounds, Common Fen, Cow Pasture and other Commonable Lands, in the Parish of Ruskington, in the County of Lincoln;" to which they desire the Concurrence of this House.

Northowram Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds, within the Township of Northowram, in the Parish of Halifax, in the County of York;" to which they desire the Concurrence of this House.

Wootton Enclosure Bill.

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

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

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

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

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

To return the Bill, intituled, "An Act for vesting the Settled Estates of Henry Martin Gentleman, and Elizabeth his Wife, in Elton, in the County of Huntingdon, in Trustees to be exchanged, or to be sold, and the Money laid out in the Purchase of other Lands and Hereditaments, to be settled to the same Uses;" and to acquaint this House, That they have agreed to the same, without any Amendment.

L. Foley's Estate Bill.

The Order of the Day being read for the Lords to be summoned:

It was moved, "That the Order of this House of the 8th Day of April last, referring a Copy of 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," to Two of the Judges to consider and report, be discharged."

Which being objected to;

The Question was put thereupon?

It was resolved in the Negative.

Basingstoke Canal Bill.

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

With a Bill, intituled, "An Act for making a Navigable Canal from the Town of Basingstoke, in the County of Southampton, to communicate with the River Wey, in the Parish of Chertsey, in the County of Surrey, and to the South East Side of the Turnpike Road in the Parish of Turgiss, in the said County of Southampton;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

DIE Martis, 5^o Maii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bunney to take the Name of Hartopp, Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Edmund Hartopp (lately called Edmund Bunney, Esquire, and the Heirs of his Body by Ann his Wife, to take and use the Surname and bear the Arms of Hartopp," 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."

Blackwood's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain Messuages, Lands, Tenements and Hereditaments, in the Parish of Crayford, in the County of Kent, comprized in the Marriage Settlement of Shovel Blackwood and Sarah his Wife, in Trustees, to the several Uses within mentioned; and also for vesting certain other Messuages, Lands, Tenements and Hereditaments, in the Parishes of Norborn, Betshanger, Ham, Sholdon and Poultons, in the said County of Kent, called Poulton Farm and West Street, and Park Gate Farm, entailed upon the Issue Male of the said Shovel Blackwood, in other Trustees, to the several Uses within mentioned."

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

It was resolved in the Affirmative.

Darby or Bridges Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in Trustees, certain Messuages, Lands and Tenements, in the County of Surrey, settled in and by the Will of Thomas Bridges Esquire, deceased, to be sold and conveyed pursuant to Articles; and for laying out the Purchase Money in other Lands and Tenements, to be settled to the Uses of the said Will."

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

It was resolved in the Affirmative.

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

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

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

Aldersgate Street Paving Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for paving the High Street or Road leading from Aldersgate Bars, in the Parish of Saint Botolph without Aldersgate, London, to the Turnpike near the End of Goswell Street, in the County of Middlesex; and for applying the Sum of Five thousand Pounds, to be raised upon the Credit of the Surplusses to arise out of a certain Fund, commonly called The Orphans Fund, for such Purpose."

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

It was resolved in the Affirmative.

Moorfields Streets Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for empowering the Mayor, Aldermen and Commons of the City of London, in Common Council assembled, to make a Street or Opening from Moorfields, opposite Chiswell Street, towards the East, into Bishopsgate Street; and also from the East End of Chiswell Street, Westward, into Barbican; and to raise, upon the Credit of the Surplusses to arise out of a certain Fund, commonly called The Orphans Fund, the Sum of Sixteen thousand five hundred Pounds, for such Purpose."

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.

Rider's Petition to receive Judges Report though out of Time:

A Petition of Edmund Rider, late of the Town of Hertford, in the County of Hertford, and now of Langford, in the County of Essex, Clerk, on behalf of himself and Sarah his Wife, and Henry John Rider their Infant Son, was presented and read; setting forth, "That the Petitioner presented a Petition to this House for Leave to bring in a Private Bill, which, by Order of their Lordships, was referred to the Consideration of the Judges: That from some unavoidable Accidents, a material Witness to be examined on the said Petition, was not able to attend the said Judges, so as to enable them to make their Report, within the Time limited by their Lordships, for receiving Reports on Petitions for Private Bills: That the said Witness has been since examined, and the Judges have agreed upon a Report to be made to their Lordships;" and therefore praying, "That, in Consideration of the Premises, the said Report may be now received."

And thereupon an Affidavit of Samuel Smith of the Truth of the Allegation in the said Petition, being read:

Ordered, That the said Report be received as desired, notwithstanding the Time limited for receiving Reports from the Judges, on Petitions for Private Bills, is expired.

Leave given:

Accordingly, After reading and considering the Report of the Judges, to whom was referred the Petition of Edmund Rider Clerk, on behalf of himself and Sarah his Wife, and their Infant Son; 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 enable the Trustees named in the Settlement made upon the Marriage of the Reverend Edmund Rider, and Sarah his Wife, to lay out and invest certain Sums of Money thereby settled, upon Mortgages or Real Securities, to be settled upon the same Trusts."

Rumball to take the Name of Quilter, Bill.

The Lord Scarsdale presented to the House (pursuant to an Order of Leave of the 4th Day of February last,) a Bill, intituled, "An Act to enable James Rumball, now called James Quilter, his First and other Sons and his Younger Brothers, and their First and other Sons and their Heirs Male, to take and use the Surname, and bear the Coat Armour of Quilter, in pursuance of the Will of James Quilter Esquire, deceased."

The said Bill was read the First Time.

Maidford 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, Common Grounds, Heath and Waste Grounds, of and within the Parish of Maidford, in the County of Northampton."

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

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

Northowram Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds, within the Township of Northowram, in the Parish of Halifax, in 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.

Baddely against Laws:

Upon reading the Petition of Richard Law and Christopher Law, Defendants in a Writ of Error depending in this House, wherein Sophia Baddely is Plaintiff; setting forth, "That the Plaintiff has not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore praying, "That the said Writ of Error may be Non-pros'd, with such Costs, as to their Lordships shall seem meet:"

Writ of Error Non-pros'd with Costs.

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

Scotch Game Bill.

Ordered, That the Bill, intituled, "An Act for restraining unqualified Persons from destroying or killing Game, and for granting to Proprietors of Land further Powers with respect to the same, in that Part of Great Britain called Scotland," be read a Second Time on this Day Two Months.

Adjourn.

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

DIE Mercurii, 6^o Maii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Maidford Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Common Grounds, Heath and Waste Grounds, of and within the Parish of Maidford, 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."

Northowram 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 Commons and Waste Grounds, within the Township of Northowram, in the Parish of Halifax, in the County of York," was committed.

Dover Paving, &c. Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for better paving, cleansing, lighting and watching, the Streets and Lanes, within the Town of Dover, in the County of Kent, and in the several Parishes of Saint Mary the Virgin and Saint James the Apostle, in the said Town and County; and for removing and preventing Nuisances and Annoyances therein," 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."

Rider's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Trustees named in the Settlement made upon the Marriage of the Reverend Edmund Rider and Sarah his Wife, to lay out and invest certain Sums of Money thereby settled, upon Mortgages or Real Securities, to be settled upon the same Trusts."

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 21st Day of this Instant May, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Rumball to take the Name of Quilter, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable James Rumball, now called James Quilter, his First and other Sons, and his Younger Brothers, and their First and other Sons, and their Heirs Male, to take and use the Surname, and bear the Coat Armour of Quilter, in pursuance of the Will of James Quilter Esquire, deceased."

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.

Ruskington 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 Common Fields, Meadow Grounds, Common Fen, Cow Pasture and other Commonable Lands, in the Parish of Ruskington, in the County of Lincoln;" was pleased to consent, (as far as His Majesty's Interest is concerned), That their Lordships may proceed therein, as they shall think fit."

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, Meadow Grounds, Common Fen, Cow Pasture and other Commonable Lands, in the Parish of Rushington, in the County of Lincoln."

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.

Basingstoke Canal Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making a Navigable Canal from the Town of Basingstoke, in the County of Southampton, to communicate with the River Wey, in the Parish of Chertsey, in the County of Surrey, and to the South-East Side of the Turnpike Road in the Parish of Turgiss, 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.

Bunney to take the Name of Hartopp, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Edmund Hartopp (lately called Edmund Bunney) Esquire, and the Heirs of his Body, by Ann his Wife, to take and use the Surname and bear the Arms of Hartopp."

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. Anguish:

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

Franklin against Fearon, in Error.

A Petition of Anthony Fearon, Defendant in a Writ of Error depending in this House, wherein Henry Franklin is Plaintiff, which stands appointed for Hearing, was presented and read; setting forth, "That the said Writ of Error was brought into this House on the 6th Day of April last, and the Plaintiff hath assigned Errors thereon: That the Petitioner apprehends the said Writ of Error is brought merely for Delay, and to harafs and oppress the Petitioner; and therefore praying their Lordships to appoint a short Bye-Day for hearing the Errors assigned upon the said Writ of Error, or that their Lordships will be pleased to make such other Order in the Premises, as to them, in their great Wisdom, shall seem meet."

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

And being withdrawn;

Ordered, That this House will hear the said Errors argued by Counsel at the Bar, on Thursday the 14th Day of this Instant May.

Christ Church Poor Bill.

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

With a Bill, intituled, "An Act to amend an Act passed in the Twenty-sixth Year of King George the Second, more effectually to enable the Parishoners of the Parish of Christ Church in the County of Middlesex, to purchase, hire, or erect a Workhouse for the employing and maintaining the Poor of the said Parish; and for the more effectual Support and Employment of the Poor therein;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Messages from H. C. to return Sir L. Dundas's Estate Bill:

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

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

And Dirs Naturalization Bill.

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

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

L. Foley's Estate Bill, Judges Report:

The Report of the Judges to whom was referred the Consideration of a Copy of 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 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, bearing Date the Eighth Day of April, referring to us the Consideration of the engrossed Bill therein mentioned, there has been laid before us a Copy of the Bill attested by the Clerk of the Parliaments, and we have summoned all Parties concerned therein; and we have been attended by Lord Foley in Person, and by Mr. Dean Foley, and by Counsel for the Dean and his Co-trustee Mr. Andrew Foley, but not by any other of the Parties; and the Dean declared to us the Opinion of himself and his Co-Trustee, that it was fit that all the Debts in the Four Classes of the Schedule annexed to the Bill should be paid, and gave his Reasons for such Opinion.

But we have declined hearing Witnesses, or entering into any Examination of the Facts or Circumstances stated in the Bill, not conceiving it to have been your Lordships Intention to have the same drawn into Question; since, if the Evidence should come short of, or go beyond, that which was laid before the Committee of your Lordships, or if, being the same, the Result might happen in any respect to appear in a different Light to us, the Effect would be what we conceive your Lordships did not intend, especially as we understand by the Terms of the Reference, that your Lordships do not require us to prepare a new Bill, or to add to or detract from any of the Clauses or Provisions in this; but that the Meaning of the Reference was, that we should consider, "What Parts of the Case, circumstanced as they appear to be in this engrossed Bill, stand in need of, or have proper Grounds to ask for, the Aid and Relief proposed therein."

There are some Parts of the Case upon which no Difficulty in this respect arises; for although the Agreement for settling a Jointure upon Lady Foley, and the Agreements with Mr. Skey and Mr. Crane, might be carried into Execution by the ordinary Jurisdiction of a Court of Equity, and therefore are not singly of themselves a Ground for the Interposition of the Legislature, yet, upon a proper Bill depending for ascertaining or regulating the general Rights of the Family, we imagine your Lordships would not hesitate to effectuate thereby such subordinate Interest for the easier Accommodation of the Parties.

In like Manner the Powers given by this Bill to the Trustees to make Exchanges and Building Leases, and renewing Leasehold Estates, may be proper Powers to subsist upon such Estates, and therefore proper Subjects for a Bill, although there does not appear to be any immediate Occasion to call for them.

These are but Secondary Considerations to the main Purpose of the Bill, which is, "That the Debts of Lord Foley and Mr. Edward Foley should be paid by a Sale of a sufficient Part of the Inheritance, instead of discharging them gradually by Rents and Profits, according to the Directions of the Will."

The short Abstract of the Case, as to this Point, collected from the Bill, appears to be this:

The late Lord Foley intending to give to his eldest Son the Estate called Witley (which he had received from the former Lord) of about the annual Value of Eleven thousand five hundred Pounds, and to his Second Son his own Family Estate, called Stoke, of about Three thousand five hundred Pounds a Year; and seeing both his Sons greatly involved in Debt, devised both the Estates, the First for Ninety-nine Years, and the latter for One hundred and one Years, to his Brother Dean Foley, and his Third Son Andrew Foley, in Trust, to pay out of the Rents and Profits to his Two eldest Sons, any Sums not exceeding Six thousand Pounds a Year; then to pay a Mortgage due to Mr. Child; and then such of the Debts of his Two Sons as were contained in a Schedule annexed to his Will, "and such other of their Debts as they should think proper," with various Provisions relative to the Trusts and the Dispositions of his Real and Personal Estates, as appears more particularly by the Will stated in the printed Bill, and to which, being compared with the attested Copy, we have taken the Liberty of referring, as the Passages will be more easily resorted to than in the attested Copy.

The Trustees, by their Consent to the Bill, seem to have given their Opinion (as in fact they have done to us), that they think it may be fit, "That all the Debts contained in the Four Clauses annexed to the Bill should be paid."

It is computed that the Debts in the Schedule annexed to the Will, are not a Fourth Part of the whole of the Debts, which together are supposed to amount to near Two hundred and twenty thousand Pounds; and that it will take a Period of Twenty-seven Years to pay them in the Manner directed by the Will.

The Inconveniencies arising from this Length of Time, coupled with parole Evidence of an Intention in the Testator to have taken the same Course for discharging the Debts, seemed to be the principal Ground for applying to the Legislature for the Purpose of discharging the Debts by Sale; and it is, we presume, for the effectuating this Purpose that the engrossed Bill now referred to us has been prepared.

In order the more effectually to obey your Lordships Commands, in giving our Opinion upon the Case, we think it necessary to observe in general, that every Man by Law hath a right to dispose of his Fortune as best pleases himself, and that when he has expressed his Disposition in Writing, neither Courts of Law or Equity permit that Disposition to be added to, or detracted from, or varied by the Testimony of oral Evidence; and Courts of Justice prosess to adhere strictly to this Rule, thinking it a great Safeguard and Happiness to the Subject.

And therefore, we conceive that our Courts could never have come at the Evidence stated in the printed Bill of the Testator's Declaration, that "he was determined to pay his Sons Debts, and to sell Estates for that Purpose;" so that the written Will must have had its Effect throughout: for it is obvious that so far as Debts not provided for in the Will, should be provided for in consequence of such Proof, it would be making a new or additional Will; and so far as a new Mode by paying by Sale instead of yearly Rents and Profits should be adopted, it would not only make a new and additional Will, but so far contradict and revoke the old one.

But your Lordships, in your Legislative Capacity, not being tied down to the Rules of Courts of Justice, and having received Evidence in Proof of the Recitals in that Passage, and being in fact possessed of what satisfies your Lordships of the Truth of them; it will remain only for your Lordships Consideration to determine upon the Expediency of giving the Relief the Case supposed may require; and if your Lordships should be of Opinion that this judicial Practice is formed upon good Reasons, and that the dispensing with it in Matters relative to private Property in a Legislative Character, would hazard equal Mischiefs, and make Property equally, if not more, insecure, it would, we presume, incline your Lordships to the Observance of the same Rule; especially if it should be found difficult or impracticable to introduce such Guards and Cautions as might prevent the Precedent from being drawn into Example, and affording a Temptation in future to Men dissatisfied with the Dispositions made by their Parents or Benefactors, to bring before the Legislature parole Evidence, in Hopes of having such Dispositions overset or controled, or varied more to their Minds.

But if your Lordships should think fit to interpose in any such Instance, upon the Ground of extrinsic Evidence, as the Interposition would be made for the better Support and in furtherance of the whole Intention, as well that expressed in the Will, as that proved by the Evidence, we should imagine that the Relief would go no further than the Occasion required, and that in all other Particulars the written Will might be allowed to stand.

In order to form our Opinion upon the Bill, in Conformity to this Reasoning, we have considered, First, the Debts which are to be paid; Secondly, the Mode of paying them; and Thirdly, the subsequent Destination of the Estates according to the new Provisions of the Bill.

First, as the Testator has directed, "That not only the scheduled Debts of his Two eldest Sons, but such other of their Debts as his Trustees should think fit," should be paid; whatever Debts his Trustees should think fit to pay, are Debts directed to be paid by the Will, and are as effectually provided for as if they had been mentioned in the Will; the Testator having in this respect made the Will of the Trustees his own, with this Difference, that the scheduled Creditors have a Claim, but the un-scheduled would depend upon the Pleasure of the Trustees to the last, notwithstanding, as we conceive, any Declaration they may find it necessary to make either in Parliament, or in a Court of Equity, that they thought it fit that all the Debts should be paid; as such Declaration would not be made for the Purpose of giving the Creditors a better Interest than they had by the Will, and must, as we think, be qualified by the Will, which says they shall have no Interest.

And although the Trustees do not appear to have declared their Opinion to your Lordships in this direct and explicit Manner as they have in fact declared it now to us, yet their Consent to this Bill implies it, and may be well understood to amount to it; and as the Trustees might come to such Determination upon any Proofs, or without any Proofs at all, but entirely at their own Will and Pleasure, the Consequence is, that so far as the Bill provides that all the Debts may be paid, it might in that Manner be said to be strictly agreeable to the Will, and would do no more than what a Court of Equity would have done upon a Bill brought on such Declarations, to give its Aid in carrying the Trusts of the Will into Execution.

But it is necessary to observe that this Part of the Bill does not expressly appear to be framed upon such Ground, but this, as well as the Provision for selling, seems to rest on the Principle of extrinsic Evidence; and in that respect this Part of the Bill will be subject to the general Observations we have made upon the Consequences of admitting parole Evidence.

But if this Part of the Bill, as well as the other, is founded upon the parole Evidence, it should seem as if the Provisions should correspond with that Principle; and then, as the Evidence imports an Intention in the Testator to have included the additional Debts in new Schedules, and the Evidence is taken as Part of the Testator's Will, and as if he had annexed new Schedules to it, we should have imagined that, in pursuance of that Reasoning, the new Schedules should stand upon the same Ground with the former; and as the former gives those Creditors a Claim, the new Sche dules would have given the additional Creditors a Claim too; but the Bill seems to make them still dependant on the Discretion of the Trustees, notwithstanding such Evidence.

Secondly, as to the Mode of raising Money for paying the Debts by Sale of the Inheritance, instead of the gradual Discharge by annual Rents and other Profits; in this the Bill goes in direct Contradiction to the Provision of the written Will: The written Will directing that the Possession alone should bear the Burthen of the Debts, and the Inheritance be preserved entire; the Evidence imported that the Inheritance should bear the Load, and the Possession be so far exonerated; this, as we have observed before, can only be done by the Authority of Parliament; and it is to this Part of the Bill that what we took the Liberty of suggesting in the former Part of our Report, is more particularly applicable, and therefore we do not now repeat it.

But it is here to be observed, that if the Bill is founded on the Principle, that the Evidence makes a Part of the Testator's last Will, the Sale of the Estates will be in conformity to his Will; and then to make the Bill consistent with that Principle, nothing being taken from the Issue, they have no Claim to an Equivalent; but if the Estates are taken to be sold in Contradiction to his Will, and in Prejudice to the Rights of the Issue, the Equivalent depending on the Lives of the Sons is precarious and insufficient, especially as at the Son's Age of Nineteen, it is to be reduced to One thousand nine hundred Pounds a Year and at Twenty-one, to One thousand three hundred Pounds a Year: In this Part of the Bill there are Two Differences (if we do not mistake the Sense of it) the Occasion of which does not appear; the First is, that the Principal and Interest are to be an accumulating Fund whilst it remains in Money, but the Rents, when it is realized, are not made to accumulate: The Second, that the actual Possession of, as well as the legal Interest and Estate, in such Purchases, are to be immediately vested in the Sons as the First Tenants of the Freehold under the Will, although they are to have no Interest in, or Possession of, any other Estates.

Upon this Matter of the Equivalent, it is also to be observed that it does not appear what the Estates were which Lord Foley is said to have intended to sell: By the Bill the Whole is taken out of those devised to Lord Foley; and yet by the Reference to the written Will it seems as if Mr. Foley as well as Lord Foley would share in the equivalent Lands, by which he will partake of the Indemnity, although he bore no Share of the Loss.

With regard to the Timber, the Testator having devised the Estates to the Trustees without Impeachment of Waste, but having restrained their Power to the Value of Three thousand Pounds a Year, the Bill, in taking off that Restriction, goes so far in Contradiction to the Words of the Will, and is in some Degree liable to the same Objections with other Parts of the Bill; and yet if it might be supposed that the Testator imposed this Restriction, from an Opinion that the Woods would not bear a greater Fall, or the Markets a greater Supply, and if he should appear to have been mistaken in that Opinion, the rectifying that Mistake, although it would contradict the Words, would operate in furtherance of the general Intention to apply the Timber fit for Sale in discharging the Debts.

Thirdly, upon the Principle we presume before to suppose that the Legislature did not usually carry the Relief to the Prejudice of the Will beyond the Occasion, we beg leave to observe that, by the true Construction of the Will, it does not appear to us to have been the Intention of the Testator to keep his Sons out of the actual Possession of the Estates devised, and the free Receipt of the Rents and Profits, after the Debts should be paid, and the Trusts of the Terms performed; for although it seems by some Passages to have been in his Thoughts, that the Trusts might subsist as long as they lived, and longer, yet in others, he supposes them to be in Possession, and makes Provision accordingly; for they are made Tenants for Life subject to the Term; they have the same Power of Leasing "when they come into Possession," which the Trustees have before; the Six thousand Pounds a Year are to be paid only till the Debts are discharged, and no further Trust is declared; it is supposed that the Terms may have another Determination than by Effluxion of Time; he supposes his Second Son to be in Possession of Stoke, when Witley may happen to fall to him.

Yet the Bill withholds, for their Lives, not only the actual Possession, but all Right and Interest in the Estates, and even in the Surplus Rents after the Debts shall be paid, and the yearly Equivalent taken; the Consequence of which will be, that Lord Foley and Mr. Foley will remain for their Lives dependant upon the absolute Pleasure of the Trustees, not only for their Proportion of the Six thousand Ponnds a Year, but whether they shall have any, and if any, what Parts of the Surplus Rents and Profits; for the Trustees may possibly think (and if they should think so it will be in their Power to direct) that the Whole of the Surplus Rents and Profits should be applied to augment the Fund for raising the Equivalent.

This Trust appears to us to be so singular and unexampled in its Kind, and at the same Time of so delicate a Nature, that the Execution of it must be productive of great Difficulties, Anxiety and Distress of different Species, and in different Degrees; whether it should happen to continue long in the present Trustees, or should, according to the Course of Nature, survive to Mr. Andrew Foley the Younger Brother of Lord Foley and Mr. Foley, or should devolve upon the unknown Persons of Executors or Administrators, or what may easily fall out, and must produce a new Scene of Perplexity, should vest in Lord Foley and Mr. Foley themselves, or in One of them.

And how far such a State of Dependance, through the whole Course of their Lives, not derived from the Will of the Testator, nor required by the apparent Occasion of the Bill, may become the Rank and Dignity of the Persons concerned, as well as their relative Situation, as the Heads of their respective Families, is the peculiar Object of your Lordships Consideration.

But viewing this Part of the Bill in the Light of Policy and Law, we are inclined to believe, that although Men may, from prudential, or if they please, other Motives, contrive to give for a Time, such Benefits out of Estates as will elude the Reach of Creditors, such Exemptions of Property from the legal Consequences have not been thought agreeable to the general Principles of Law or good Policy, nor favoured beyond Necessity in Courts of Justice, nor frequently, if at all, promoted or established by Acts of the Legislature.

Upon considering the Clause for providing a Maintenance for the Heir Apparent of Lord Foley, out of the Two thousand five hundred Pounds a Year, we think it necessary to observe, that it diminishes pro tanto the Equivalent provided by the former Part of the Bill for the Issue Male; it obliges the Heir Apparent to maintain himself out of his own Inheritance during the Father's Life, and whilst Lord Foley himself remains in a State of Dependance upon others, it makes his eldest Son independent of him.

The following Remarks seem to be made necessary only from accidental Inaccuracy or Obscurity of Expression.

We observe that certain Annuities (said to be charged on the Witley Estate only by the former Lord Foley) are to be paid indiscriminately out of the Stoke as well as the Witley Estate.

The Trustees are at Liberty to redeem any of the Annuities in the Fourth Class of the Schedule, yet the Provision for raising Money by Sale does not extend to raise a Fund for such Redemptions.

And we conceive that there is some Obscurity in the latter Part of the Clause relative to the Direction for receiving the Two thousand five hundred Pounds a Year, and in the Destination of the Estates after the Death of Lord Foley and Mr. Foley, although we presume such Destination is to be understood to mean, the remaining Uses of the Will."

All which is humbly submitted to your Lordships Consideration.

Wm. De Grey.

J. Skynner."

To be printed.

Ordered, That the said Report be printed.

Douglas against Craig, et al.

Upon reading the Petition of William Douglas Esquire, Appellant in a Cause depending in this House, and of William Charles Craigie and others, Respondents thereto; setting forth, "That this Cause stands the Fourth in their Lordships List of Causes for Hearing: That it respects the Division of the Price of a Bankrupt Estate among a very numerous Set of Creditors, many of whom are in indigent Circumstances, but who cannot receive their Money till this Question is determined; and the Delay of the Cause till another Session would be attended with the most fatal Consequences to them;" and therefore praying their Lordships, "To hear this Cause before the Adjournment of the present Session:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on Friday the 15th Day of this Instant May.

Messages from H. C. to return Besnard's Naturalization Bill:

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

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

and Degen's Divorce Bill.

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

To return 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 to acquaint this House, That they have agreed to the same, with some Amendments, to which they desire their Lordships Concurrence.

The House proceeded to take the said Amendments into Consideration.

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

And, A Message was ordered to be sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Norton Folgate Paving Bill.

A Message was brought from the House of Commons, by Sir Herbert Mackworth, and others:

With a Bill, intituled, "An Act for paving and repairing the Streets, Lanes and other Public Passages and Places, within such Part of the Liberty of Norton Folgate, in the County of Middlesex, as is extra-parochial, and certain Parts of Magpie Alley and Blossom Street, in the Parish of Saint Leonard Sboreditch, in the said County; and for removing Obstructions and Annoyances therein;" to which they desire the Concurrence of this House.

Expiring Laws Bill.

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

With a Bill, intituled, "An Act to continue the several Laws therein mentioned relating to the Allowance upon the Exportation of British made Gunpowder; to the further encouraging the Manufacture of British Sail Cloth; and to the Duties payable on Foreign Sail Cloth; to the granting a Liberty to carry Sugars of the Growth, Produce or Manufacture of any of His Majesty's Sugar Colonies, directly to Foreign Parts, in Ships built in Great Britain, and navigated according to Law; to the further Punishment of Persons going armed or disguised in Defiance of the Laws of Customs or Excise; to the prohibiting the Importation of Light Silver Coin of this Realm from Foreign Countries into Great Britain or Ireland, and to restrain the Tender thereof beyond a certain Sum; to the granting a Bounty upon Flax Seed imported into Ireland; to the better regulating of Pilots for the conducting of Ships and Vessels from Dover, Deal and Isle of Thanet; and to reyiye and continue so much of an Act, made in the Sixteenth Year of His present Majesty's Reign, as relates to allowing the Exportation of certain Quantities of Wheat and other Articles to His Majesty's Sugar Colonies in America;" to which they desire the Concurrence of this House.

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

Land Forces &c. Recruiting Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for the speedy and effectual Recruiting of His Majesty's Land Forces and Marines;" and for the Lords to be summoned;

The said Bill was accordingly read a Second Time.

Moved, "To commit the Bill."

Which being objected to;

After Debate;

The Question was put thereupon?

It was resolved in the Affirmative.

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

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

Lords summoned.

Ordered, That the Lords be summoned to attend the House To-morrow.

Adjourn.

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

DIE Jovis, 7^o Maii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Basingstoke Canal Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act for making a Navigable Canal from the Town of Basingstoke, in the County of Southampton, to communicate with the River Wey, in the Parish of Chertsey, in the County of Surrey, and to the South-East Side of the Turnpike Road, in the Parish of Turgiss, in the said County of Southampton," 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."

Ruskington Enclosure Bill.

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

Basingstoke Canal Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for making a Navigable Canal from the Town of Basingstoke, in the County of Southampton, to communicate with the River Wey, in the Parish of Chertsey, in the County of Surrey, and to the South-East Side of the Turnpike Road in the Parish of Turgiss, in the said County of Southampton."

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

It was resolved in the Affirmative.

Ruskington Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, Meadow Grounds, Common Fen, Cow Pasture and other Commonable Lands, in the Parish of Ruskington, in the County of Lincoln."

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

It was resolved in the Affirmative.

Northowram Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds, within the Township of Northowram, in the Parish of Halifax, in the County of York."

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

It was resolved in the Affirmative.

Dover Paving &c. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for better paving, cleansing, lighting and watching, the Streets and Lanes within the Town of Dover, in the County of Kent; and in the several Parishes of Saint Mary the Virgin and Saint James the Apostle, in the said Town and County; and for removing and preventing Nuisances and Annoyances therein."

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

It was resolved in the Affirmative.

Maidford 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, Common Grounds, Heath and Waste Grounds, of and within the Parish of Maidford, in the County of Northampton."

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 Five preceding Bills.

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

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

Glastonbury Enclosure Bill, Petition against.

Upon reading the Petition of Denys Rolle of Shapwick, in the County of Somerset, Esquire, taking Notice of a Bill depending in this House, intituled, "An Act for dividing, allotting, enclosing and draining, certain Moors or Pieces of Waste Land, within the Parishes of Saint John and Saint Benedict in Glastonbury, in the County of Somerset;" and praying their Lordships, "That he may be heard by himself, Counsel or Agent, against such Parts of the said Bill as may affect him:"

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

Expiring Laws Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue the several Laws therein mentioned, relating to the Allowance upon the Exportation of Britishmade Gunpowder; to the further encouraging the Manufacture of British Sail Cloth, and to the Duties payable on Foreign Sail Cloth; to the granting a Liberty to carry Sugars of the Growth, Produce or Manufacture of any of His Majesty's Sugar Colonies, directly to Foreign Parts, in Ships built in Great Britain, and navigated according to Law; to the further Punishment of Persons going armed or disguised in Defiance of the Laws of Customs or Excise; to the prohibiting the Importation of light Silver Coin of this Realm from Foreign Countries into Great Britain or Ireland, and to restrain the Tender thereof beyond a certain Sum; to the granting a Bounty upon Flax Seed imported into Ireland; to the better regulating of Pilots for the conducting of Ships and Vessels from Dover, Deal and Isle of Thanet; and to revive and continue so much of an Act, made in the Sixteenth Year of His present Majesty's Reign, as relates to allowing the Exportation of certain Quantities of Wheat and other Articles to His Majesty's Sugar Colonies in America."

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

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

Christ Church Poor Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend an Act, passed in the Twenty-sixth Year of King George the Second, more effectually to enable the Parishioners of the Parish of Christ Church, in the County of Middlesex, to purchase, hire, or erect a Workhouse, for the employing and maintaining the Poor of the said Parish; and for the more effectual Support and Employment of the Poor therein."

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.

Norton Folgate, Paving Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for paving and repairing the Streets, Lanes and other Public Passages and Places, within such Part of the Liberty of Norton Folgate, in the County of Middlesex, as is extra-parochial, and certain Parts of Magpie Alley and Blossom Street, in the Parish of Saint Leonard Shoreditch, in the said County; and for removing Obstructions and Annoyances therein."

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 Campbell's Bill;

A Message was brought from the House of Commons, by the Lord Advocate of Scotland, and others:

To return the Bill, intituled, "An Act for empowering the Judges of the Court of Session in Scotland, to sell such Parts and Portions of the Entailed Estates of Shawfield and others, in the Counties of Lanark and Argyle, belonging to Walter Campbell of Shawfield Esquire, as shall be sufficient for Payment of the Debts affecting the same;" and to acquaint this House, That they have agreed to the same, without any Amendment.

and Sir R. Sutton's Estate Bill.

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

To return the Bill, intituled, "An Act for vesting Part of the Settled Estates of Sir Robert Sutton deceased, in the County of Lincoln, in Sir Richard Sutton Baronet, in Fee Simple; and for vesting certain Lands of the said Sir Richard Sutton in Easthorpe, in the County of Nottingham, in the Archbishop of York, and his Successors, in Fee-Simple, in Exchange for the Mansion House, Park and Lands of the said Sir Richard Sutton, called Norwood Park and Hall Meadow, in the said County of Nottingham, now held by the said Sir Richard Sutton, upon Lease for Lives; and for vesting the same, together with other Lands of the said Sir Richard Sutton, in the County of Nottingham, in lieu of the said Settled Estates," and to acquaint this House, That they have agreed to the same, without any Amendment.

Papists Deeds and Wills Bill.

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

With a Bill, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills, made by Papists; and for Relief of Protestant Purchasers;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Land Forces, &c. Recruiting Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the speedy and effectual Recruiting of His Majesty's Land Forces and Marines."

After some Time, the House was resumed:

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

Ordered, That the said Report be received To-morrow.

Toulon Fleet, Address to His Majesty for Papers relating to.

The Order of the Day being read for the Lords to be summoned:

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions that there be laid before this House, Copies or Extracts of all Letters and other Papers containing any Intelligence received by any of His Majesty's Principal Secretaries of State, the Commissioners for executing the Office of Lord High Admiral of Great Britain, or any other of His Majesty's Ministers, in relation to the Equipment of the French Fleet, lately sailed from Toulon."

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

Causes put off.

Ordered, That the Hearing of the Cause wherein Nehemiah Stokes and Christian Wagner Merchants are Appellants, and John Paterson is Respondent, which stands appointed for To-morrow, be put off to Wednesday next; and that the rest of the Causes, on Cause Days, be removed in Course.

Navy Estimates, &c. 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 31st of March last for that Purpose,

The Ordinary and Extra Estimates of His Majesty's Navy; also, Estimates of the Debt of the Navy from the Years 1771 to 1778, both Years inclusive;" together with a Schedule thereof:

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

No. 1. Ordinary Estimate of His Majesty's Navy for the Year 1771.

2. Ditto for the Year 1772.

3. Ditto for the Year 1773.

4. Ditto for the Year 1774.

5. Ditto for the Year 1775.

6. Ditto for the Year 1776.

7. Ditto for the Year 1777.

8. Ditto for the Year 1778.

9. Extra Estimate of his Majesty's Navy for the Year 1771.

10. Ditto for the Year 1772.

11. Ditto for the Year 1773.

12. Ditto for the Year 1774.

13. Ditto for the Year 1775.

14. Ditto for the Year 1776.

15. Ditto for the Year 1777.

16. Ditto for the Year 1778.

17. Estimates of the Debt of His Majesty's Navy from the Year 1771 to the Year 1777, both Years inclusive."

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

Stoppages for Chaplains cannot be furnished.

Mr. Jackson also delivered in at the Bar, pursuant to an Address to His Majesty of the same Date,

Copy of a Letter from the Commissioners of His Majesty's Navy to Philip Stephens Esquire, Secretary of the Admiralty, dated 4th May 1778, shewing their Inability to obey that Part of the Address of the Right Honourable the House of Lords, dated the 31st March last, which directs an Account to be laid before that House, of the Amount of Stoppages of 4d. per Man each Month, for Chaplains in such Ships as have not borne Chaplains."

And then he withdrew.

And the Title thereof being read by the Clerk, Ordered, That the same do lie on the Table.

Adjourn.

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

DIE Veneris, 8^o Maii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Horne against The King, in Error.

The Order of the Day being read for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein John Horne Clerk is Plaintiff, and The King is Defendant; being a Writ of Error brought by the Plaintiff, in order to reverse a Judgement given in His Majesty's Court of King's Bench, against the said Plaintiff; and for the Judges to attend;

Counsel were accordingly called in.

Mr. Dunning was heard for the Plaintiff.

Mr. Leigh was heard also for the Plaintiff.

Mr. Attorney General was heard for the Defendant.

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be put off to Monday next; and that the Judges do then attend.

Land Forces, &c. Recruiting Bill.

The Lord Scarsdale (according to Order) reported the Amendments made by the Committee of the whole House, to the Bill, intituled, "An Act for the speedy and effectual Recruiting of His Majesty's Land Forces and Marines."

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

Pr. 4. L. 37. After ("Years") insert ("One thousand seven hundred and seventy-seven and")

L. 39 & 40. After ("Eight") leave out ("and One thousand seven hundred and seventy-nine")

Pr. 7. L. 2. After ("every") leave out ("Pound") and insert ("Three Pounds")

L. 4. After ("Year") insert ("One thousand seven hundred and seventy-seven and")

L. 6 & 7. Leave out ("and One thousand seven hundred and seventy-nine")

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

Expiring Laws Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue the several Laws therein mentioned, relating to the Allowance upon the Exportation of British-made Gunpowder; to the further encouraging the Manufacture of British Sail Cloth, and to the Duties payable on Foreign Sail Cloth; to the granting a Liberty to carry Sugars of the Growth, Produce or Manufacture of any of His Majesty's Sugar Colonies, directly to Foreign Parts, in Ships built in Great Britain, and navigated according to Law; to the further Punishment of Persons going armed or disguised in Desiance of the Laws of Customs or Excise; to the prohibiting the Importation of light Silver Coin of this Realm from Foreign Countries into Great Britain or Ireland, and to restrain the Tender thereof beyond a certain Sum; to the granting a Bounty upon Flax Seed imported into Ireland; to the better regulating of Pilots for the conducting of Ships and Vessels from Dover, Deal and Isle of Thanet; and to revive and continue so much of an Act, made in the Sixteenth Year of His present Majesty's Reign, as relates to allowing the Exportation of certain Quantities of Wheat and other Articles, to His Majesty's Sugar Colonies in America."

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."

Papists Deeds and Wills Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for relief of Protestant Purchasers."

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 on Monday next.

The House was adjourned during Pleasure.

The House was resumed.

Order relating to Complements of 80 and 74 Gun Ships, Address to His Majesty for.

Ordered, That an humble Address be presented to His Majesty, "to desire His Majesty will be graciously pleased to give Directions, That the proper Officer do lay before this House, a Copy of the Order in Council of the 4th of March 1760, for the Establishment of the Complements of His Majesty's Ships of Eighty and of Seventy-four Guns."

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

Causes put off.

Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error wherein Joseph Rann Clerk and Arthur Taylor are Plaintiffs, and Isabella Hughes is Defendant, which stands appointed for Monday next, be put off to Wednesday next; and that the Judges do then attend; and that the rest of the Causes be removed in Course.

Uttoxeter Road Bill.

Hodie 2^a vice lecta est Billa, 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."

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.

Penrith, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing and amending an Act, made in the Twenty-sixth Year of the Reign of His late Majesty, for repairing the Road leading from the Town of Penrith, in the County of Cumberland, by Hutton Hall, over Skelton and Castle Sower by Pastures and Sebraham Bridge to Chalk Beck, in the said County; and also the Road which branches and separates from the same Road upon Castle Sowerby Pasture aforesaid, and leads from thence through Hesket, otherwise Hesket Newmarket, to Caldbeck, in the said County."

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.

Rumball to take the Name of Quilter, Bill.

The Lord Viscount Dudley and Ward reported from the Lords Committees, to whom the Bill, intituled, An Act to enable James Rumball, now called James Quilter, his First and other Sons and his Younger Brothers, and their First and other Sons, and their Heirs Male, to take and use the Surname and bear the Coat Armour of Quilter, in pursuance of the Will of James Quilter Esquire deceased," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Christ Church Poor Bill.

The Lord Viscount Dudley and Ward made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to amend an Act, passed in the Twenty-sixth Year of King George the Second, more effectually to enable the Parishioners of the Parish of Christ Church, in the County of Middlesex, to purchase, hire or erect a Workhouse, for the employing and maintaining the Poor of the said Parish; and for the more effectual Support and Employment of the Poor therein," was committed.

Norton Folgate Paving Bill.

The Lord Viscount Dudley and Ward also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for paving and repairing the Streets, Lanes and other Public Passages and Places, within such Part of the Liberty of Norton Folgate, in the County of Middlesex, as is extra-parochial; and certain Parts of Magpie Alley and Blossom Street, in the Parish of Saint Leonard Shoredith, in the said County; and for removing Obstructions and Annoyances therein," was committed.

Spital Fields Opening Bill.

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

With a Bill, intituled, "An Act for applying the Sum of Nine thousand Pounds, to arise out of the Surplusses of a certain Fund, commonly called The Orphans Fund, for the Purpose of making a Passage for Carriages from Spital Fields to Bishopsgate Street, in the County of Middlesex;" to which they desire the Concurrence of this House.

Goodman's Fields Opening Bill.

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

With a Bill, intituled, "An Act for applying the Sum of One thousand five hundred Pounds, to arise out of the Surplusses of a certain Fund, commonly called The Orphans Fund, for the Purpose of widening certain Avenues leading into Goodman's Fields, in the County of Middlesex;" to which they desire the Concurrence of this House.

Wapping Street, &c. Opening Bill.

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

With a Bill, intituled, "An Act for applying the Sum of One thousand Pounds, to arise out of the Surplusses of a certain Fund, commonly called The Orphans Fund, for the Purpose of opening Communications between Wapping Street and Ratcliff Highway, and between Old Gravel Lane and Virginia Street, within the Parishes of Saint George and Saint John Wapping, in the County of Middlesex;" to which they desire the Concurrence of this House.

Northampton Paving, &c. Bill.

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

With a Bill, intituled, "An Act for paving, cleansing, lighting and watching, the Town of Northampton; and for removing and preventing Encroachments, Obstructions and Annoyances therein;" to which they desire the Concurrence of this House.

Southwark Paving Bill.

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

With a Bill, intituled, "An Act for applying the Sum of Four thousand Pounds, to arise out of the Surplusses of a certain Fund, commonly called The Orphans Fund, towards completing the paving of the Town and Borough of Southwark, and certain Parts adjacent, in the County of Surrey;" to which they desire the Concurrence of this House.

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

Expiring Laws Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue the several Laws therein mentioned, relating to the Allowance upon the Exportation of Britishmade Gunpowder; to the further encouraging the Manufacture of British Sail Cloth, and to the Duties payable on Foreign Sail Cloth; to the granting a Liberty to carry Sugars of the Growth, Produce or Manufacture of any of His Majesty's Sugar Colonies, directly to Foreign Parts, in Ships built in Great Britain, and navigated according to Law; to the further Punishment of Persons going armed or disguised in Defiance of the Laws of Customs or Excise; to the prohibiting the Importation of light Silver Coin of this Realm from Foreign Countries into Great Britain or Ireland, and to restrain the Tender thereof beyond a certain Sum; to the granting a Bounty upon Flax Seed imported into Ireland; to the better regulating of Pilots for the conducting of Ships and Vessels from Dover, Deal and Isle of Thanet; and to revive and continue so much of an Act, made in the Sixteenth Year of His present Majesty's Reign, as relates to allowing the Exportation of certain Quantities of Wheat and other Articles, to His Majesty's Sugar Colonies in America."

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

It was resolved in the Affirmative.

Norton Folgate Paving Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for paving and repairing the Streets, Lanes and other Public Passages and Places, within such Part of the Liberty of Norton Folgate, in the County of Middlesex, as is extra-parochial; and certain Parts of Magpie Alley and Blossom Street, in the Parish of Saint Leonard Shoreditch, in the said County; and for removing Obstructions and Annoyances therein."

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

It was resolved in the Affirmative.

Christ Church poor Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend an Act, passed in the Twenty-sixth Year of King George the Second, more effectually to enable the Parishioners of the Parish of Christ Church, in the County of Middlesex, to purchase, hire or erect a Workhouse for the employing and maintaining the Poor of the said Parish; and for the more effectual Support and Employment of the Poor therein."

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, ordered to be sent to the House of Commons, by Mr. Pechell and Mr. Anguish:

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

Adjourn.

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