House of Lords Journal Volume 35: April 1779 21-30

April 1779 21-30

DIE Mercurii, 21^o Aprilis 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Irthington Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting and enclosing the several Open and Common Fields, Moors, Commons and Waste Grounds, in the Parish of Irthington, in the County of Cumberland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Lords summoned.

Ordered, That the Lords be summoned to attend the Service of the House on Friday next.

Bowater's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Bowater Esquire, during his Life, and after his Death, the Guardian or Guardians of his Issue Male, by the Honourable Frances Bowater his Wife, during their respective Infancies, to grant Building Leases of his Settled Estates at Woolwich and Charlton, in the County of Kent."

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

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Irish Tobacco Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to repeal so much of several Acts of Parliament, as prohibit the Growth and Produce of Tobacco in Ireland; and to permit the Importation of Tobacco of the Growth and Produce of that Kingdom into Great Britain, under the like Duties and Regulations as Tobacco of the Growth of the British Colonies in America is permitted to be imported."

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."

Dumergue's Divorce Bill.

The Lord Scarsdale presented to the House (pursuant to an Order of Leave on the 9th of March last) a Bill intituled, "An Act to dissolve the Marriage of Charles François Dumergue with Ann Catherine his now Wife, and to enable him to marry again; and for other Purposes."

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Thursday the 6th Day of May next, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Charles François Dumergue may be heard by his Counsel at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Ann Catherine may have a Copy of the Bill, and that Notice be given her of the said Second Reading, and that she be at Liberty to be heard by her Counsel what she may have to offer against the said Bill, at the same Time.

Boynton's Bill.

The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, "An Act for Sale of the next Presentations to certain Livings, late the Estates of Sir Griffith Boynton Baronet, deceased, for Payment of his Debts; and for substituting other Parts of his Estates to be charged with his younger Children's Fortunes, in lieu of those by his Will charged therewith; and for other Purposes," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Lower Darwen Moor Enclosure Bill.

The Lord Sandys made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing a certain Tract of Common or Waste Ground, called Lower Darwen Moor, in the Parish of Blackburn, in the County Palatine of Lancaster," was committed.

Greenwich Hospital Enquiry proceeded in.

The Order of the Day being read for taking into further Consideration the Enquiry into the Management of Greenwich Hospital; and for the Lords to be summoned, and for the Attendance of several Persons:

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

After some Time, the House was resumed in order to swear Two Witnesses, Mr. John Marson the Short Hand Writer, and Mr. John Morgan Counsel for the Persons complained of in Captain Baillie's Book:

And they being sworn,

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

After some Time, the House was resumed:

And the Lord Scarsdale reported from the Committee, "That they had made a Progress in the Enquiry into the Management of Greenwich Hospital."

Ordered, That the Lords be summoned to attend the House on Monday the 3d Day of May next, to take into further Consideration the Enquiry into the Management of Greenwich Hospital; and that the several Witnesses who were ordered to attend this Day, do then attend.

Extraordinary Services, Address for.

Ordered, That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to give Directions that there be laid before this House, "An Account of the extraordinary Services incurred and paid between the 9th of March 1775, and the 31st of January 1776, and not provided for by Parliament."

Also, "An Account of the Extraordinary Services incurred and paid between the 31st of January 1776, and the 1st of February 1777, and not provided for by Parliament."

Also, "An Account of the Distribution of One Million, granted to His Majesty to defray any Extraordinary Expences incurred or to be incurred, on Account of Military Services for the Year 1776."

Also, "An Account of the Extraordinary Services incurred and paid between the 31st of January 1777, and the 1st of February 1778, and not provided for by Parliament."

Also, "An Account of the Distribution of One Million, granted to His Majesty to defray any Extraordinary Expences incurred, or to be incurred, on Account of Military Services for the Year 1777."

Also, "An Account of the Extraordinary Services incurred and paid between the 31st of January 1778, and the 1st of February 1779, and not provided for by Parliament."

And Also, "An Account of the Distribution of One Million, granted to His Majesty to defray any Extraordinary Expences incurred or to be incurred, on Account of Military Services for the Year 1778."

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

Motion for W. Parker to be brought to the Bar, negatived:

The Earl of Abingdon acquainted the House, "That he had received a Letter from W. Parker, a Prisoner in the New Prison, stating the many Hardships and Inconveniencies he suffered from his Confinement in the Prison he now is, and praying his Lordship to get him committed to Newgate instead of the Prison he is now confined in;" and then his Lordship read the said Letter.

Then it was Moved. "That the Keeper of the New Prison do bring the Body of the said W. Parker to the Bar of this House To-morrow.

Which being objected to;

After Debate,

The Question was put thereupon?

It was resolved in the Negative.

Motion for W. Parker to be conveyed to Newgate negatived.

Then it was Moved, "That the Keeper of the New Prison do convey the Body of the said W. Parker to His Majesty's Prison of Newgate this Night."

Which being objected to;

After Debate,

The Question was put thereupon?

It was resolved in the Negative.

Adjourn.

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

DIE Jovis 22^o Aprilis 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Claxton Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures, and other Commonable Lands, within the Parish of Claxton otherwise Long Clawson, in the County of Leicester;" to which they desire the Concurrence of this House.

Dean Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting and enclosing the Open and Common Fields, Common Meadows and other Commonable Lands, in the Manor and Hamlet of Dean, in the Parish of Spelsbury, in the County of Oxford;" to which they desire the Concurrence of this House.

Bierton and Hulcot Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Common Fields, Common Meadows, Waste Lands and Commonable Places, within the Parishes and Liberties of Bierton and Hulcot, in the County of Bucks;" 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 Charnaud's Naturalization Bill.

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

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

Cockermouth Road Bill.

The Earl of Macclesfield reported from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Term, and altering the Powers of an Act, made in the Twenty-sixth Year of the Reign of His late Majesty King George the Second, for repairing the Road from the City of Carlisle, in the County of Cumberland, to the Market and Sea Port Town of Workington, in the said County, so far as the same relates to the Road between the Town of Cockermouth and Workington aforesaid," 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."

Sir C Style's Estate Bill.

The Earl of Macclesfield also reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable the Guardians of Sir Charles Style Baronet an Infant, to grant Leases of his Freehold Estates in Middlesex, during his Minority; and to effectuate the other Purposes therein mentioned," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Bromfeild's Divorce Bill.

It was moved, "That the Order of the Day for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Charles Bromfeild with Ann Broom his now Wife, and to enable him to marry again, and for other Purposes therein mentioned," might be now read, in order to hear the Evidence of Captain Farmer, Commander of one of His Majesty's Ships, he being under sailing Orders."

The Order of the Day was accordingly read; and the Counsel were accordingly called in:

And Mr. Hardinge appeared as Counsel for the Bill; but no Counsel appeared against it.

Mr. Hardinge was then heard to state the Facts he intended to examine the said Captain Farmer to.

The said Captain Farmer was then called in; and being sworn and examined, acquainted the House, "That Mr. Bromfeild Junior, sailed with him in the Seahorse Man of War for the East Indies, in November 1773; that they arrived at Madras in May 1774 following; that he saw Mr. Bromfeild at Bengal, from October 1774 to the January following; that in July 1776, Mr. Bromfeild sailed with him to China; that the Correspondence between Mr. Bromfeild and his Father, passed through his Hands, in the Course of which, Letters of Attorney, and Proxies from the Commons, were by him transmitted to Mr. Bromfeild Junior."

Then a Proxy to prosecute a Suit against Mrs. Bromfeild, in Doctors Commons, dated November 1775, being shewn to him; the Witness said, "He saw it in September 1775 before it was executed." Being asked, "If in any of the Letters to Mr. Bromfeild Junior, he saw the Name of the Adulterer?" said, "He did not." Being asked, "If he thought Mr. Bromfeild Junior knew the Adulterer?" said, "He believed he did not." Being asked, "Where he left Mr. Bromfeild Junior, and when?" said, "He left Mr. Bromfeild Junior in China, in November 1776."

He was directed to withdraw.

The Counsel was directed to withdraw.

Ordered, That the Second Reading of the said Bill be put off to Tuesday next, and that the Lords be summoned; and that the several Witnesses who were ordered to attend this Day do then attend, except the said Captain Farmer.

Mrs Bromfeild's Petition for Provision.

Upon reading the Petition of Ann Bromfeild, Wife of Charles Bromfeild, of the Parish of Saint George, Hanover Square, Surgeon; setting forth, "That the Petitioner is informed, that a Bill is now depending before their Lordships, for dissolving the Marriage of the said Charles Bromfeild with the Petitioner: That the Petitioner has no Fortune of her own, and no Provision whatever has been made for her, except by a Bond given by the said Charles Bromfeild before their Intermarriage, to a Trustee for the Petitioner, for Payment of an Annuity of Forty Pounds during her Life; but nothing has ever been paid to her on account of the said Bond; and she is now in distressed Circumstances, and destitute of Money:" And therefore praying "Their Lordships will be pleased to cause such Provision to be made for her by the said Bill, as to their Lordships shall seem meet; and also order the said Charles Bromfeild to pay her a Sum of Money to enable her to prosecute her Claim to such Provision:"

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

L. Carmarthen's Divorce Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Francis Osborne, Baron Osborne of Kivelon, in the County of York, commonly called Marquis of Carmarthen, with Lady Amelia D'Arcy, Baroness Conyers, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" And for hearing Counsel for and against the same; and for the Lords to be summoned;

Counsel on both Sides were called in; and Mr. Mansfield and Mr. Cooper appeared as Counsel for the Bill; and Mr. Kenyon appeared as Counsel for Lady Carmarthen.

The said Bill was read a Second Time:

And Mr. Mansfield was heard in support of the Bill; and to make out the Allegations thereof, and in order to prove the Marriage, called Doctor Cooper; who being sworn, acquainted the House, "That he married Lord and Lady Carmarthen at the Earl of Holdernesse's House, in the Parish of Saint George, Hanover Square, on Monday the 29th of November 1773, as would appear by the Register of the said Parish."

He was directed to withdraw.

Then John Smith was called in; and being sworn, produced an Office Copy of the Judgement obtained in the Court of King's Bench against Byron Esquire, for Criminal Conversation with the said Lady Carmarthen; 19th February 1779.

And the same was read.

Then Mark Holman, Deputy Register of the Consistory Court of the Bishop of London, was called in; and being sworn, produced the original Definitive Sentence of Divorce in the said Court against the said Lady Carmarthen for the Crime of Adukery; 27th February 1779.

And the same was read.

Then Mr. Holman being asked, "If Lady Carmarthen made any Defence in the Spiritual Court," said, That she appeared by her Counsel, but controverted none of the Allegations; nor did she examine any Witnesses."

He was directed to withdraw.

Then William Shadbolt was called in; and, being sworn and examined, acquainted the House, "That he lived as Servant with Lord Carmarthen in November last; that on the 13th of November 1778, Lord Carmarthen went to Bath, to see his Father the Duke of Leeds, who was there ill; that he knows Mr. Byron; that on the 11th of November he came about Eleven o'Clock in the Evening to Lord Carmarthen's House; that Lady Carmarthen was at Home, and had given the Porter Orders not to be denied to any Body that came; that Mr. Byron said, he had a Letter to deliver into Lady Carmarthen's own Hands; that he the Witness shewed him up to the Drawing Room, where Lady Carmarthen was; that upon Mr. Byron's entering the Room, he bowed, and said, he had a Letter for her Ladyship from Miss Harland; that he left them together; that Lord Carmarthen came Home, and bid him, the Witness, tell Lady Carmarthen, that the Coach was ready at the Door; that he went up to the Powdering Room, and found the Door fast; that he delivered his Message, and that Lady Carmarthen said, she should not want the Coach till To-morrow; that Mr. Byron came again the next Day, and staid with Lady Carmarthen in the Powdering Room till Eleven o'Clock at Night; that on the 13th of November last, Mr. Byron came and supped with Lady Carmarthen; that afterwards Lady Carmarthen went to-bed; that he, the Witness, seeing a Light in the Powdering Room at about Two or Three o'Clock in the Morning, and being fearful of Fire, he went up Stairs to see what it was, and found Mr. Byron there; that he the Witness asked Pardon for his Intrusion; that soon after wards he and William Rose heard Mr. Byron come out of the Great Parlour and go up Stairs, and that they did not see him go out of the House; that he saw Mr. Byron in the House the next Day; that he supped there with Lady Carmarthen, and came down Stairs about Two o'Clock at Noon the next Day, and ordered Water for Breakfast; that Lady Carmarthen came down soon after, and ordered Chocolate; that Mr. Byron asked him, the Witness, if the Servants knew he was there; and upon his telling him they did, he begged it might not be divulged, and seemed much confounded; that Lady Carmarthen asked him, the Witness, to keep it secret; and that he told her he would, unless called upon to declare on Oath what he knew; that Lord Carmarthen was then at Bath; that he has carried many Letters from Lady Carmarthen to Mr. Byron, which he received from Rosalie Lador, her Ladyship's Woman."

He was directed to withdraw.

Then Sarah Harrison was called in and sworn; and being examined, acquainted the House, "That she lived with Lady Carmarthen as her Ladyship's House Maid; that she knows Mr. Byron, and has seen him come out of Lady Carmarthen's Bed Chamber on the 14th of November, at about Nine o'Clock in the Morning, Lord Carmarthen being then at Bath; that she made Lady Carmarthen's Bed that Morning, and it appeared to her as if Two Persons had lain in it, but she did not perceive any other Marks; that she saw Mr. Byron in her Ladyship's Bed Chamber on Saturday Night about Eleven o'Clock; that going into the Room for a Towel, she observed the Bed was not in the same State as when she turned it down; that returning into the Room with some Toast and Water, she saw Mr. Byron asleep in Lady Carmarthen's Bed; that on Sunday Noon, about Two o'Clock, he came first out of the Room; that upon making the Bed, she observed it was much tumbled, but did not observe any other Marks; that Mr. Byron came again that Night; that she did not see him there again till Lord Carmarthen went into Yorkshire; that Lady Carmarthen knew that she, the Witness, had seen Mr. Byron in her Ladyship's Bed; that she sent for her and told her, that as she had seen what had passed, she hoped she would not mention it to Lord Carmarthen, for if it was, she was a ruined and undone Woman; that she, the Witness, told her Ladyship, she was afraid she was; that Mr. Byron dined every Day with Lady Carmarthen for the last Week before Lord Carmarthen came Home; that in the Morning, upon going to make her Ladyship's Bed, she found a Candlestick more in the Room than she left the Night before, on Lord Carmarthen's Side of the Bed; that she did not put Lady Carmarthen to-bed on the Night she saw Mr. Byron in Bed; her Ladyship's Mademoiselle used to put her to-bed, but she was then ill; that on the Morning when she found the additional Candlestick in the Room, the Bed appeared as if Two Persons had lain in it."

She was directed to withdraw.

Then Mr. Kenyon was desired to attend to the Reading of the Settlement; which being about to be read, Mr. Mansfield was asked, "If he had no stronger Evidence to prove the Adultery?"

Whereupon,

Mr. Mansfield again called William Shadbolt; who, being further examined, said, "That he remembered Lady Carmarthen leaving Lord Carmarthen's House on the 13th of December last; that she went in a Chair to Admiral Byron's House, in Bolton Street, that Evening, and that he, the Witness, walked before her Chair; that he saw her on the 14th or 15th of December last in Bed with Mr. Byron, at Rotten Dean, near Brighthelmstone, at Night; that upon his going to the House, none of the Servants were up; that upon his knocking at the Door, an old Woman called out, and said, that nobody was there; that he then insisted upon being let into the House; that Mr. Byron's Man knowing him, let him in; that he gave him a Letter from Lord Carmarthen to Lady Carmarthen; that John Kates, Mr. Byron's Man, desired him to go up with him to Lady Carmarthen, which he did, and saw her Ladyship with a Pen in her Hand, sitting up in Bed, with Mr. Byron between the Sheets."

He was again directed to withdraw.

Then Mr. Kenyon was heard respecting the Settlement.

The Counsel were directed to withdraw.

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

Ordered, That the House be put into a Committee upon the said Bill on Tuesday next.

King's Answer to Address.

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

Sealy's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Henry Sealy with Ann Woodroffe his now Wife, and to enable him to marry again, and for other Purposes therein mentioned," which stands appointed for this Day, be put off to Tuesday next, and the Lords summoned; and that the several Persons who were ordered to attend this Day, do then attend.

Causes put off.

Ordered, That the Hearing of the Cause, wherein James Lawson Merchant in Glasgow is Appellant, and John Tait Writer to the Signet is Respondent, et e contra, which stands appointed for To-morrow, be put off to Monday next; and that the rest of the Causes be removed in course.

Boynton's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the next Presentations to certain Livings, late the Estates of Sir Griffith Boynton Baronet deceased, for Payment of his Debts; and for substituting other Parts of his Estates to be charged with his younger Children's Fortunes, in lieu of those by his Will charged therewith; and for other Purposes.

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

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Irish Tobacco Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to repeal so much of several Acts of Parliament, as prohibit the Growth and Produce of Tobacco in Ireland; and to permit the Importation of Tobacco of the Growth and Produce of that Kingdom into Great Britain, under the like Duties and Regulations as Tobacco of the Growth of the British Colonies in America is permitted to be imported."

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

It was resolved in the Affirmative.

Lower Darwen Moor Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing a certain Tract of Common or Waste Ground, called Lower Darwen Moor, in the Parish of Blackburn, in the County Palatine of Lancaster."

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.

Irthington Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting and enclosing the several Open and Common Fields, Moors, Commons and Waste Grounds, in the Parish of Irthington, in the County of Cumberland."

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

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

Adjourn.

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

DIE Veneris, 23^o Aprilis 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir C. Style's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Guardians of Sir Charles Style Baronet, an Infant, to grant Leases of his Freehold Estates in Middlesex, during his Minority; and to effectuate the other Purposes therein mentioned."

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

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Bucknell Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, and Commonable Lands, within the Parish or Liberties of Bucknell, in the County of Oxford."

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.

Claxton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures and other Commonable Lands, within the Parish of Claxton, otherwise Long Clawson, in the County of Leicester."

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.

Cockermouth Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering the Powers of an Act, made in the Twenty-sixth Year of the Reign of His late Majesty King George the Second, for repairing the Road from the City of Carlisle, in the County of Cumberland, to the Market and Sea Port Town of Workington, in the said County, so far as the same relates to the Road between the Town of Cockermouth and Workington aforesaid."

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

It was resolved in the Affirmative.

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

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

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

Lady Egremont's Estate Bill.

The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, "An Act for confirming a Partition of several Estates in the Counties of Wilts and Somerset, between the Honourable Charles William Wyndham, and other the Devisees of Charles late Earl of Egremont deceased, and their Issue, and Charles Marquis of Granby, and Charlotte Countess of Aylesford; and for vesting and settling the same to the several Uses therein mentioned; and for several other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Bridgewater Market House Bill.

The Lord Sandys also reported from the Lords Committees, to whom the Bill, intituled, "An Act for erecting a Market House, and regulating the Markets within the Borough of Bridgewater, in the County of Somerset; and for paving, cleansing, lighting and watching the Streets, Lanes and other public Passages and Places, within the said Borough," 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."

Brough Road Bill.

The Lord Sandys made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act, made in the Twenty-sixth Year of the Reign of His late Majesty, for repairing and widening the Roads from the East End of Brough under Stainmore, in the County of Westmorland, by the End of Appleby Bridge to Eamont Bridge, in the said County," was committed.

Wrexham Road Bill.

The Lord Sandys also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of so much of an Act, made in the Thirtieth Year of the Reign of His Majesty King George the Second, intituled, "An Act for amending, widening and keeping in Repair, the Roads from the Town of Wrexham, in the County of Denbigh, to Pentre Bridge, in the County of Flint; and from the Town of Mold to Northop, Holywell and Rhuddlan, in the same County, and from thence to the Ferry House, opposite to the Town of Conway, in the County of Carnarvon, and from Ruthin to the said Town of Mold," as relates to the District of Road from the Town of Wrexham, in the County of Denbigh, to Pentre Bridge, in the County of Flint," was committed.

E. Sandwich, Address for Removal of, negatived:

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

Moved, "That an humble Address be presented to His Majesty that He would be graciously pleased to remove the Right Honourable John Earl of Sandwich, First Commissioner for executing the Office of Lord High Admiral of Great Britain, &c. and one of His Majesty's most Honourable Privy Council, from the said Office of First Lord Commissioner of the Admiralty."

Which being objected to,

After long Debate,

The Question was put thereupon?

It was resolved in the Negative.

Protests thereon.

DISSENTIENT.

Because as it is highly becoming this great Council of the Nation to address His Majesty for the Removal of any Minister for Neglect of Duty or Incapacity, in order to prevent public Detriment, so we conceive the Notoriety of the Facts stated in this Debate sufficiently warrants, and the present alarming Situation of Public Affairs loudly calls for, this Interposition."

De Ferrars.
Pembroke.
Rockingham.
Bristol.
Wycombe.
Spencer.
Richmond.
Effingham.
Stamford.
Scarbrough.
Radnor.
Ferrers.
Manchester.
Harcourt.
Grafton.
Abingdon.
Craven.
Courtenay.
King.
Fortescue.
Fitzwilliam.
Bolton.
Portland.
Camden.
Cholmondeley.

DISSENTIENT.

Because having made the Motion alluded to in the above Dissent, I think it incumbent upon me to let Posterity know the particular Grounds I made that Motion upon.

1st, Because since the Year 1771 there has been £.6,917,872: 5: 0¼ granted for Naval Purposes more than was granted in an equal Number of Years between 1751 and 1759, for the Use of the Navy, although we had then been Four Years at War with France within that Period.

2dly, Because the Navy of England appears to be reduced from what it was in the Year 1771, when the present First Lord of the Admiralty succeeded to the Head of that Board, notwithstanding the immense Sums granted for its Support and Increase since that Time.

3dly, Because it appears, that after having received such repeated Intelligence as has been acknowledged to have been received from the 3d of January 1778 to the 27th of April following, of the Equipment and Progress of the Toulon Squadron, to their sailing the 13th of April 1778, the not sending a Squadron into the Mediterranean to watch the Motions of, and endeavour to intercept, the said French Squadron from passing the Streights, nor sending any Reinforcement to Vice Admiral Lord Howe, or even dispatching Vice Admiral Byron till the 9th of June 1778, was exposing the Fleet, as well as Army of England then employed in America, to a very superior Force of France.

4thly, Because it appears the sending of Admiral Keppel off Brest the 13th of June, with Twenty Sail of the Line, when the Lords Commissioners of the Admiralty knew, or ought to have known, that the French Fleet then actually at Brest, and fitting for Sea, consisted of Thirty-two Ships of the Line, besides many heavy Frigates, might have been productive, at that Time, of the most fatal Consequences to the only considerable Naval Force this Kingdom had then ready for its Protection, but also to the Trade, and even the Ports of these Kingdoms; and if Admiral Keppel had remained with his Twenty Ships of the Line off Brest, he must, with those Twenty, have engaged the French Fleet of Thirty Sail of the line, who sailed the 8th of July, as Admiral Keppel could not get the Reinforcement even of Four Ships of the Line to join him till the 9th of July, although he was then at St. Helens for that Purpose.

5thly, Because it appears that we lost that valuable Island of Dominica for want of timely Reinforcement and proper Instructions being sent to Admiral Barrington.

6thly, Because for want of the smallest Naval Force being sent to the Coast of Africa, we have also lost that valuable Station of Senegal, which might in Time, with proper Attention, have opened new Markets for our drooping Manufactures.

"7thly, And because it appears, that the Admiralty, without any Deliberation whatsoever, having so precipitately ordered a Court Martial upon a Commander in Chief of that great Rank and Character which Admiral Keppel bears in His Majesty's Fleet, was frustrating the salutary Intentions of that discretionary Power, so wisely lodged by the Constitution in the Lords Commissioners for executing the Office of Lord High Admiral of Great Britain, whereby all malicious and ill founded Charges (by whomsoever exhibited) may be avoided, and the Union and Discipline of the Service not interrupted."

Bristol.

Adjourn.

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

DIE Lunæ, 26^o Aprilis 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lawson against Tait.

After hearing Counsel in Part, in the Cause wherein James Lawson Merchant in Glasgow is Appellant, and John Tait Writer to the Signet is Respondent, et e contra:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow; and that the Counsel be called in at One o'Clock.

Churchill's Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable the Executors and Trustees of the Will of Charles Churchill Esquire, deceased, and in the Marriage Settlement of Charles Churchill Esquire, and Lady Maria his Wife, to raise Money, by Sale or Mortgage of some of the Trust Securities, for advancing to the Children, in their Father's Life-time, Part of their Portions provided for them by the Settlement, but thereby not made payable till after his Decease," 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.

Adjourn.

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

DIE Martis, 27^o Aprilis 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Jameson against Sir T. Skip with et al.

The Answer of Sir Thomas George Skipwith Baronet, and others, to the Appeal of Charles Jameson Gentleman, was this Day brought in.

Lawson against Tait.

After hearing Counsel further in the Cause wherein James Lawson Merchant in Glasgow is Appellant, and John Tait Writer to the Signet is Respondent, et e contra:

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

Gwynne's Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting certain Estates in the Counties of Carmarthen, Brecon and Radnor, (devised by the Will of Roderick Gwynne Esquire deceased) in Trustees, to be sold; and for laying out the Money arising therefrom in the Purchase of other Lands and Hereditaments, to be settled to the same Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."

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

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

Rous's Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting in Trustees the Timber and Wood growing upon the Estate late belonging to Thomas Rous Esquire, deceased, in the County of Worcester, in Trust to sell the same, and apply the Monies arising therefrom towards discharging certain Incumbrances affecting the said Estate; and for the other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Irthington Enclosure Bill.

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

Claxton Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures and other Commonable Lands, within the Parish of Claxton otherwise Long Clawson, in the County of Leicester," was committed.

Bucknell Enclosure Bill.

The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields and Commonable Lands, within the Parish or Liberties of Bucknell, in the County of Oxford," was committed.

Churchill's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Executors and Trustees of the Will of Charles Churchill Esquire, deceased, and in the Marriage Settlement of Charles Churchill Esquire, and Lady Maria his Wife, to raise Money by Sale or Mortgage of some of the Trust Securities for advancing to the Children in their Father's Life Time, Part of their Portions provided for them by the Settlement, but thereby not made payable till after his Decease."

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

It was resolved in the Affirmative.

Lady Egremont's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming a Partition of several Estates in the Counties of Wilts and Somerset, between the Honourable Charles William Wyndham, and other the Devisees of Charles late Earl of Egremont, deceased, and their Issue, and Charles Marquis of Granby and Charlotte Countess of Aylesford, and for vesting and settling the same to the several Uses therein mentioned; and for several other Purposes therein mentioned."

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

It was resolved in the Affirmative.

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

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

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

Brough Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act, made in the Twenty-sixth Year of the Reign of His late Majesty, for repairing and widening the Roads from the East End of Brough under Stainmore, in the County of Westmorland, by the End of Appleby Bridge to Eamont Bridge, in the said County."

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

It was resolved in the Affirmative.

Wrexham Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of so much of an Act made in the Thirtieth Year of the Reign of His Majesty King George the Second, intituled, "An Act for amending, widening and keeping in repair, the Roads from the Town of Wrexham in the County of Denbigh, to Pentre Bridge, in the County of Flint, and from the Town of Mold to Northop, Holywell and Rhuddlan, in the same County, and from thence to the Ferry House opposite to the Town of Conway, in the County of Carnarvon, and from Ruthin to the said Town of Mold," as relates to the District of Road from the Town of Wrexham, in the County of Denbigh, to Pentre Bridge, in the County of Flint."

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

It was resolved in the Affirmative.

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

And Messages were, severally, ordered to be sent to the House of Commons, by the former Messengers:

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

Bierton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, Common Meadows, Waste Lands and Commonable Places, within the Parishes and Liberties of Bierton and Hulcot, in the County of Bucks."

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

Dean Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting and enclosing the Open and Common Fields, Common Meadows and other Commonable Lands, in the Manor and Hamlet of Dean, in the Parish of Spelsbury, in the County of Oxford."

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

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

J. Carmarthen's Divorce Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Francis Osborne, Baron Osborne of Kiveton, in the County of York, commonly called Marquis of Carmarthen, with Lady Amelia D'Arcy Baroness Conyers, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:"

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

Bromfeild's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Charles Bromfeild with Ann Broom his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," which stands appointed for this Day, be put off to Thursday next, and the Lords summoned; and that the several Persons who were ordered to attend this Day, do then attend.

Sealy's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Henry Sealy with Ann Woodroffe his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," which stands appointed for this Day, be put off to Thursday next, and the Lords summoned; and that the several Persons who were ordered to attend this Day, do then attend.

Sewell's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Thomas Bailey Heath Sewell Esquire, with the Right Honourable Lady Elizabeth Birmingham his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," which stands appointed for this Day, be put off to Thursday next, and the Lords summoned; and that the several Persons who were ordered to attend this Day, do then attend.

Parish Poor Children Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to explain and amend an Act made in the Second Year of the Reign of His present Majesty, "for the keeping of regular, uniform, and annual Registers of all Parish Poor Infants under a certain Age, within the Bills of Mortality;" and also an Act made in the Seventh Year of the Reign of His present Majesty, for the better regulating of the Parish Poor Children of the several Parishes therein mentioned, within the Bills of Mortality, and to extend the same to the Parish of Saint Pancras, in the County of Middlesex:"

Ordered, That the House be put into a Committee upon the said Bill, on Thursday the 6th Day of May next.

Adjourn.

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

DIE Mercurii, 28^o Aprilis 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Jameson against Clarke and Pole.

The Answer of Gilbert Clarke Esquire, a Lunatic, and of Samuel Pole Esquire, the Committee of his Estate, to the Appeal of Charles Jameson Gentleman, was this Day brought in.

Lawson against Tait:

The Order of the Day being read for the further Consideration of the Cause wherein James Lawson Merchant in Glasgow is Appellant, and John Tait Writer to the Signet is Respondent:

And Consideration being had thereof accordingly:

The following Order and Judgement was made:

After hearing Counsel as well on Monday last as Yesterday, upon the original Petition and Appeal of James Lawson Merchant in Glasgow, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 16th of July and 10th of August 1776; and also of Three Interlocutors of the Lords of Session there, of the 6th of February and 5th of July 1777, and 15th of January 1778, in so far as the Petitioner is found liable in Payment of any Part of the Sums mentioned in the said Appeal, or found a Partner in the Works and Purchases also therein mentioned; and also in so far as it is found that besides the one Twenty-fourth Share in which John Hamilton was a Partner on his own Account, he or his Son Alexander was not also a Partner for a Twelfth Share more; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" and likewise upon the Cross Appeal of John Tait Writer to the Signet, Trustee for the Children and Representatives of John Hamilton Writer in Mauchline, deceased, complaining of Five Interlocutors of the Lords of Session in Scotland, of the 6th of February and 5th of July 1777, and 15th of January and 16th and 17th of July 1778; and also of an Interlocutor of the Lord Ordinary there of the 17th of December 1778, in so far as they decide against him; and praying, "That the same might be reversed, varied or altered, 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 John Tait Writer to the Signet, Trustee for the Representatives of John Hamilton deceased, put in to the said original Appeal, and the Answer of James Lawson Merchant in Glasgow, put in to the said Cross Appeal; and due Consideration had this Day of what was offered on both Sides in these Causes:

Judgement.

It is Ordered and Adjudged by the Lords Spiritual and Temporal, in Parliament assembled, That the said Interlocutors of the Lord Ordinary in Scotland, of the 16th of July and 10th of August 1776, complained of in the said original Appeal, be, and the same are hereby Affirmed; and it is hereby declared, That it being unnecessary precisely to determine the Questions to which the other Interlocutors complained of relate, it is therefore hereby further Ordered and Adjudged, That the said several other Interlocutors complained of in the said Original and Cross Appeals, be, and the same are hereby Reversed without Prejudice.

The Earl of Harrington being present,

Leave for E. Harrington to attend H. C.

It was moved, "That the Message sent from the House of Commons on the 20th of this Instant April, to desire their Lordships will give Leave to the Earl of Harrington to go to a Committee of that House on Thursday next, which are appointed to take into Consideration several Papers presented to that House, containing the Correspondence between His Majesty's Ministers and Sir William Howe, to be examined relative to the Subject Matter of several Papers which have been referred to the said Committee, containing the Correspondence between Lord George Germaine and Lieutenant General Burgoyne," might be read."

The same was accordingly read by the Clerk.

Which done,

The Earl of Harrington in his Place acquainted the House, "That he was willing to attend the House of Commons in order to be examined as a Witness as desired in their said Message, if their Lordships think fit."

Ordered, That the Earl of Harrington may have Leave to attend the House of Commons, if his Lordship thinks fit.

Whereupon,

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

To acquaint them, "That the Lords do give Leave to the Earl of Harrington to go to a Committee of that House, which are appointed to take into Consideration several Papers presented to that House, containing the Correspondence between His Majesty's Ministers and Sir William Howe, to be examined relative to the Subject Matter of several Papers which have been referred to the said Committee, containing the Correspondence between Lord George Germaine and Lieutenant General Burgoyne."

L. Onslow's Estate Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable John Ord Esquire, and John Tyton Esquire, Trustees named in the Settlement made previous to the Marriage of the Honourable Thomas Onslow with Arabella his now Wife, to sell the Rents, Services, Duties, Reliefs, Heriots and other Dues and Payments payable, or to be performed or rendered by the Tenants of the several Manors or Lordships comprized in the said Settlement, and to enfranchise the Copyhold Tenements held of such Manors or Lordships; and for laying out the Money which shall arise by such Sale and Enfranchisement, in the Purchase of other Lands, to be settled to the Uses to which the said Manors or Lordships do now stand settled," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made One Amendment thereto."

Which Amendment being read Twice by the Clerk, was agreed to by the House.

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

Rous's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Timber and Wood growing upon the Estate late belonging to Thomas Rous Esquire, deceased, in the County of Worcester, in Trust to sell the same, and apply the Monies arising therefrom towards discharging certain Incumbrances affecting the said Estate; and for the other Purposes therein mentioned."

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

It was resolved in the Affirmative.

Gwynne's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain Estates in the Counties of Carmarthen, Brecon and Radnor (devised by the Will of Roderick Gwynne Esquire, deceased) in Trustees to be sold; and for laying out the Money arising therefrom in the Purchase of other Lands and Hereditaments to be settled to the same Uses."

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

It was resolved in the Affirmative.

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

And Messages were, severally, sent to the House of Commons, by the former Messengers:

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

Bridgewater Market House Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for erecting a Market House and regulating the Markets within the Borough of Bridgewater, in the County of Somerset; and for paving, cleansing, lighting and watching the Streets, Lanes and other Public Passages and Places within the said Borough."

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

It was resolved in the Affirmative.

Irthington Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, allotting and enclosing the several Open and Common Fields, Moors, Commons and Waste Grounds, in the Parish of Irthington, in the County of Cumberland."

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

It was resolved in the Affirmative.

Claxton Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures and other Commonable Lands, within the Parish of Claxton otherwise Long Clawson, in the County of Leicester."

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

It was resolved in the Affirmative.

Bucknell Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields and Commonable Lands, within the Parish or Liberties of Bucknell, in the County of Oxford."

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 Four 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.

Ashover Enclosure Bill.

A Message was brought from the House of Commons, by the Lord George Cavendish, and others:

With a Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds, in the Manor of Ashover, in the County of Derby;" to which they desire the Concurrence of this House.

Cranage Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Commons or Waste Grounds, within the Township of Cranage, in the County Palatine of Chester;" to which they desire the Concurrence of this House.

Spann Smithy Road Bill.

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

With a Bill, intituled, "An Act to enlarge the Term and Powers of an Act, passed in the Twenty-sixth Year of the Reign of His late Majesty King George the Second, for repairing and widening the Roads from Spann Smithy, in the Township of Elton, through the Town of Middlewich, and by Spittle Hill in Stanthorn, to Winsford Bridge, and from Spittle Hill to the Town of Northwich, in the County Palatine of Chester;" to which they desire the Concurrence of this House.

Irish Hemp Bill.

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

With a Bill, intituled, "An Act for granting a Bounty upon the Importation into this Kingdom, of Hemp, of the Growth of the Kingdom of Ireland, for a limited Time;" to which they desire the Concurrence of this House.

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

St. Clair against Magistrates of Dysart.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Colonel James St. Clair of St. Clair, is Appellant, and the Magistrates and Town Council of the Borough of Dysart, are Respondents, ex-parte, the Respondents not having put in their Answer thereto, though peremptorily ordered so to do:"

It is Ordered, That this House will hear the said Cause ex-parte by Counsel at the Bar, on the first vacant Day for Causes after those already appointed, unless the Respondents put in their Answer thereto in the mean Time.

Maxwell against Sir J. Maxwell, et al.

A Petition of Robert Maxwell of Cargen, Esquire, late Provost of Dumfries, Appellant in a Cause depending in this House, to which Sir James Maxwell, and others, are Respondents, which stands appointed for hearing, was presented and read; setting forth, "That the Petitioner presented his Appeal to their Lordships from an Interlocutor of the Lords of Session in Scotland, of the 16th of February 1779; that the Petitioner is now advised by his Counsel to withdraw his said Appeal;" and therefore praying their Lordships, That he may be permitted to withdraw his said Appeal without Costs."

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

And being withdrawn:

Appeal withdrawn.

Ordered, That the Petitioner be at Liberty to withdraw his said Appeal upon Payment of Twenty-five Pounds Costs to the Respondents.

Vicars and Grace against Colclough, et al.

Ordered, That the Hearing of the Cause wherein Richard Vicars Esquire, and Owen Grace Esquire, are Appellants, and Timothy Colclough Esquire, and others, are Respondents, which stands appointed for this Day, be put off till To-morrow.

L. Carmarthen's Divorce Bill:

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Francis Osborne Baron Osborne of Kiveton, in the County of York, commonly called Marquis of Carmarthen, with Lady Amelia D'Arcy Baroness Conyers, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:"

It was moved, "That the Evidence given at the Bar on the Second Reading of the said Bill, might be read."

The same was accordingly read by the Clerk.

Motion not to recognise a Title to a Peerage in it, not of Notoriety.

Then it was moved, "That it be an Instruction to the Committee on the said Bill, that they do take care that no Claim to any Title of Honour which is not of Public Notoriety be recognised in the said Bill."

Which being objected to,

After Debate;

The Question was put thereupon?

It was resolved in the Negative.

DISSENTIENTIBUS,

Protest against rejecting that.

1. Because the Recognition in a casual Bill of any Title of Honour, which has never been adjudged; which has never been specifically ascertained; which has never been examined by a Committee of Privileges, on a Reference from the Crown to this House; and which has never been regularly claimed; is novel, and may in its Consequences be dangerous.

2. Because it is agreeable to the Law of the Land, and has been the Practice of this House (which the Justice of the Crown in referring to this House, all Claims apparently well founded, has given no Occasion to controvert or interrupt) for this House to recognise those Titles of Honour only which are of Notoriety, or of which References have been made by the Crown to the Examination of this House.

3. Because if this House judged it necessary to make the Standing Order of the 20th and 24th Days of March 1767, upon the Pressure of a Claim regularly referred, and on the former of those Days decided by the House, "not to proceed to the Hearing any Claim to any Title of Honour until Fourteen Days after printed Cases with Proofs, &c. shall have been delivered;" it seems doubly incumbent upon us (in an Instance where no such Cases can be offered, and no such Proofs received, and consequently where there can be no Examination) not to recognise a Claim inserted in a casual Private Bill not referred by the Crown, and in an unprecedented Manner therefore as we contend before the House.

4. Because though it was admitted in the Debate, that such Recognition is neither binding upon the House as to the Validity of any Claim to the same, nor any Rule either solely or adjunctly by which the Keeper of the Great Seal for the Time being is to govern himself in issuing any Summons to Parliament, or on which any Court, or Person whatsoever is to act in any Claim to any Privilege of Peerage; yet it cannot, we conceive, be denied, that the Rejection of this Motion countenances at least the Claim, especially when it was on the other Side contended that the Acceptance of the Motion would cast upon it an Imputation, and be an injustice to absent Parties; and

5. Because it was the declared Intention, and would have been, as we conceive, the sole Effect of the proposed Instruction to prejudge, in no Degree, the Claim asserted in this Bill, of which we know nothing but that it is asserted.

"De Ferrars."

Radnor.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed:

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

Ordered, That the said Report be received Tomorrow.

Bromfeild's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Charles Bromfeild with Ann Broom, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," which stands appointed for Tomorrow, be put off to Thursday the 6th Day of May next, and the Lords summoned; and that the several Persons who were ordered to attend on that Day, do then attend.

Sealy's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Henry Sealy with Ann Woodroffe his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," which stands appointed for To-morrow, be put off to Tuesday next, and the Lords summoned; and that the several Persons who were ordered to attend on that Day, do then attend.

Adjourn.

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

DIE Jovis, 29^o Aprilis 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Vicors and Grace against Colclough, et al.

After hearing Counsel in Part, in the Cause wherein Richard Vicars Esquire, and Owen Grace Esquire, are Appellants, and Timothy Colclough Esquire, and others, are Respondents:

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

Sir W. Dalston's Estate Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for appointing new Trustees in the Place of those deceased, for Sale of so much of the Estates late of Sir William Dalston Knight, as will be sufficient for the Payment of his Debts and Legaciesby his Will charged thereon," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made One Amendment thereto."

Which Amendment, being read Twice by the Clerk, was agreed to by the House.

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

L. Carmarthen's Divorce Bill.

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the whole House, to the Bill, intituled, "An Act to dissolve the Marriage of Francis Osborne, Baron Osborne of Kiveton, in the County of York, commonly called Marquis of Carmarthen, with Lady Amelia D'Arcy Baroness Conyers, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:"

Ordered, That the said Report be received Tomorrow.

Irish Hemp Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting a Bounty upon the Importation, into this Kingdom, of Hemp of the Growth of the Kingdom of Ireland, for a limited Time."

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

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

Causes put off.

Ordered, That the Hearing of the Cause wherein Alexander Gray Writer to the Signet is Appellant, and Messieurs Douglas, Heron and Company, and George Home Writer to the Signet, are Respondents, which stands appointed for To-morrow, be put off to Wednesday next; and that the Cause which stands for Monday next, be put off to Friday next; and that the rest of the Causes be removed in course.

Sewell's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Thomas Bailey Heath Sewell Esquire, with the Right Honourable Lady Elizabeth Birmingham his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," which stands appointed for this Day, be put off till To-morrow, and the Lords summoned; and that the several Persons who were ordered to attend this Day, do then attend.

Adjourn.

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

DIE Veneris, 30^o Aprilis 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Vicars and Grace against Colclough et al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Richard Vicars Esquire, and Owen Grace Esquire, complaining of a Decree or Order of Dismission of the Court of Exchequer in Ireland, of the 8th of December 1777, made in Two certain Causes, in the First of which Richard Vicars Esquire was Plaintiff, and Timothy Colclough Esquire, William Lyster and Lawrence Adams, Executors of Thady Carroll deceased, were Defendants; and in the last, the the said Owen Grace was Plaintiff, and the said Timothy Colclough, William Lyster and Lawrence Adams, were Defendants; and praying, "That the same might be reversed, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom should seem meet;" as also, upon the Answer of William Lyster, Timothy Colclough and Lawrence Adams, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed with Costs.

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 Decree or Order therein complained of be, and the same is hereby Affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid to the said Respondents, the Sum of One hundred and fifty Pounds of lawful Money of Great Britain for their Costs, in respect of the said Appeal.

Leire Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common and Open Fields of Leire, in the County of Leicester;" to which they desire the Concurrence of this House.

Clifford Chambers Enclosure Bill.

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

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

L. Carmarthen's Divorce Bill.

The Lord Scarsdale (according to Order) reported the Amendments made by the Committee of the whole House, to the Bill, intituled, "An Act to dissolve the Marriage of Francis Osborne, Baron Osborne of Kiveton, in the County of York, commonly called Marquis of Carmarthen, with Lady Amelia D'Arcy Baroness Conyers, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

And the same, being read Twice by the Clerk, were agreed to by the House, with other Amendments made by the House to the said Bill.

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

Ashover Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds in the Manor of Ashover, in the County of Derby."

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.

Irish Hemp Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, " An Act for granting a Bounty upon the Importation, into this Kingdom, of Hemp of the Growth of the Kingdom of Ireland, for a limited Time."

After some Time, the House was resumed:

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

Message to H. C. for Sir M. Burrell to attend.

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

To desire, "That they will give Leave to Sir Merrick Burrell Baronet, a Member of that House, to attend this House on Monday next, in order to his being examined in relation to the Management of Greenwich Hospital."

Sewell's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, " An Act to dissolve the Marriage of Thomas Bailey Heath Sewell Esquire, with the Right Honourable Lady Elizabeth Birmingham his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," which stands appointed for this Day, be put off to Tuesday next, and the Lords summoned; and that the several Persons who were ordered to attend this Day, do then attend.

Sir William Dalston's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, " An Act for appointing new Trustees in the Place of those deceased, for Sale of so much of the Estates late of Sir William Dalston Knight, as will be sufficient for the Payment of his Debts and Legacies by his Will charged thereon."

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

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Scotch Exchequer Terms Bill.

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

With a Bill, intituled, " An Act for altering the Times of holding the Martinmas and Candlemas Terms, in the Court of Exchequer in Scotland;" to which they desire the Concurrence of this House.

Kingswood Enclosure Bill.

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

With a Bill, intituled, " An Act for dividing and enclosing that Part of the Common or Waste Ground called Kingswood, which lies in the Parish of Stapleton, in the County of Gloucester;" to which they desire the Concurrence of this House.

Adjourn.

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